Terms of Use

Please read these Terms of Use ("Terms") carefully before using thePulse.net ("the Service") operated by thePulse, Inc. ("we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

1. Acceptance of Terms

By creating an account or using any part of the Service, you confirm that you are at least 18 years of age and have the legal authority to enter into this agreement on behalf of yourself or your organization. These Terms apply to all visitors, users, and clients.

2. Description of Services

thePulse.net provides a web-based platform for web development clients including, but not limited to:

• Secure client login and account management
• Invoice viewing, payment, and billing history
• Website audit and performance analysis ("Pulse Check")
• Project status tracking and communication tools
• Document and file delivery

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time with reasonable notice where practicable.

3. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at support@thepulse.net of any unauthorized use of your account. We are not liable for any loss resulting from unauthorized account access that was not caused by our negligence.

4. Billing and Payments

Invoices issued through the Service reflect agreed-upon project scopes, hourly work, or retainer arrangements as described in your individual client agreement or statement of work. Payment terms are as specified on each invoice. Late payments may be subject to interest charges or service suspension as outlined in your client contract. All payments are processed securely; we do not store full payment card details on our servers.

5. Website Audits (Pulse Check)

The Pulse Check tool performs automated analysis of publicly accessible web properties you submit. By submitting a URL you confirm you own or have authorization to audit that property. Audit results are provided for informational purposes only and do not constitute a guarantee of performance, security, or compliance. We are not liable for decisions made based on audit results.

6. Intellectual Property

All content, branding, software, and materials on the Service are the property of thePulse, Inc. or its licensors and are protected by applicable copyright, trademark, and other intellectual property laws. Client deliverables (such as website code or design assets) transferred as part of a completed project are governed by the terms of your individual client agreement. You may not reproduce, distribute, or create derivative works from Service content without our prior written consent.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to any part of the Service or its underlying systems
• Submit URLs for Pulse Check audits that you do not own or have permission to audit
• Transmit any content that is harmful, defamatory, or infringes third-party rights
• Interfere with the integrity or performance of the Service

8. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.

9. Limitation of Liability

To the fullest extent permitted by applicable law, thePulse, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service, even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising from these Terms or the Service shall not exceed the amount you paid us in the twelve months preceding the claim.

10. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it to understand our practices.

11. Subscription Auto-Renewal (Florida § 501.165)

If you subscribe to any recurring service plan offered through thePulse.net (such as a maintenance retainer, hosting arrangement, or SaaS feature tier), the following disclosures apply under Florida law:

• Your subscription will automatically renew at the end of each billing period at the then-current rate unless you cancel before the renewal date.
• For plans with a term of 12 months or longer, we will send you a renewal reminder by email no fewer than 30 days and no more than 60 days before your cancellation deadline.
• You may cancel your subscription at any time through the Account section of the Service or by contacting us at support@thepulse.net. The cancellation process is no more difficult than the original sign-up process.

12. Commercial Email (Florida Chapter 668)

Any commercial email sent through or in connection with the Service must comply with the Florida Electronic Mail Communications Act (Chapter 668, Florida Statutes). You agree not to use the Service to send commercial email with falsified routing information, misleading subject lines, or deceptive sender identification. We apply the same standard to all outbound communications we send on your behalf.

13. Deceptive and Unfair Trade Practices (FDUTPA)

The Service is designed and operated in compliance with the Florida Deceptive and Unfair Trade Practices Act (FDUTPA, § 501.201 et seq.). We do not employ dark patterns, hidden fees, or misleading UI flows. If you believe any feature of the Service violates this standard, please contact us immediately at support@thepulse.net.

14. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Pinellas County, Florida, and you hereby consent to personal jurisdiction and venue in those courts.

15. Changes to These Terms

We may update these Terms from time to time. We will notify registered users of material changes by email or by posting a notice on the Service. Continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

16. Contact Us

If you have any questions about these Terms, please contact us:

thePulse, Inc.
support@thepulse.net
thepulse.net/About