Terms of service

These Terms of Service (“Terms”) govern use of the public website at https://perfpulse.ai/, including the pulse check request, operated by Performance Pulse, Inc. (“we”, “us”).

By using the website or submitting a pulse check request, you agree to these Terms and to our Privacy Policy.

1. The service

Performance Pulse provides independent, evidence-based benchmarking of AI performance, value and risk. These Terms cover the public website and the pulse check request. The Performance Pulse application at app.perfpulse.ai is offered to subscriber companies under their subscription agreement and, for parent organizations, a data-access agreement; those agreements control for application use.

A pulse check is a preliminary reading prepared from publicly available information. It is not a benchmark, not a score, and not a complete assessment. We may decline a request, and we do not promise a delivery time or any particular result. Features may change, and we may suspend or discontinue any part of the website with reasonable notice when practical.

2. No professional advice

Pulse check readings, benchmark findings, scores, and recommendations are business intelligence. They are not financial, legal, tax, or investment advice, and they are not an audit, attestation, or certification. Decisions based on them remain yours.

3. Requests

If you submit a pulse check request, you confirm you may identify the company on whose behalf you submit it. We will use the contact details you give us to deliver the reading and follow up. You may ask us to delete a request at any time.

4. Accounts

Application access is provided only to authorized users of subscriber companies and parent organizations under their agreements. You are responsible for activity under your account and for keeping credentials confidential.

5. Acceptable use

You may not:

• Misuse the website, attempt unauthorized access, or disrupt other users
• Use the services to violate law
• Reverse engineer the services except where the law allows
• Scrape the website or resell access without our written permission
• Submit a request naming a company you have no legitimate interest in, in a way that harasses, deceives, or competes with that company’s interests

We may suspend or refuse access for violations of these Terms.

6. Your content

You keep ownership of content you submit. You grant us a limited license to host and process that content solely to operate the services for you. Subscriber company data is owned by the company and handled as described in its agreement and our Privacy Policy.

7. Intellectual property

Performance Pulse, its name, its benchmark methodology, and its software are owned by Performance Pulse, Inc. A pulse check reading is provided for the requester’s internal use and may not be republished without our written permission. These Terms do not transfer any of our intellectual property to you.

8. Disclaimers

The website and pulse check are provided “as is.” We do not warrant that they will be uninterrupted, error-free, or fit for a particular purpose, except where the law requires otherwise.

9. Limitation of liability

To the maximum extent permitted by law, Performance Pulse, Inc. is not liable for indirect, incidental, special, consequential, or lost-profit damages, or for loss of data, arising from use of the website or a pulse check reading. Our total liability for any claim relating to the website or a pulse check is limited to the greater of (a) amounts you paid us for the related service in the 12 months before the claim or (b) USD $100.

Some jurisdictions do not allow certain limitations. In those places, the limitation applies only to the extent allowed.

10. Termination

You may stop using the website at any time and request deletion of your data as described in the Privacy Policy. We may terminate or suspend access if you breach these Terms or if we discontinue the service.

11. Changes

We may update these Terms. The updated date will appear at the top. Continued use after the effective date means you accept the revised Terms. If a change is material, we will provide additional notice when practical.

12. Governing law

These Terms are governed by the laws of the State of Delaware, United States, excluding conflict of law rules. Courts located in Delaware have exclusive jurisdiction, except that you may bring consumer claims in your place of residence where required by law.

13. Contact

Privacy: privacy@perfpulse.ai
Support: support@perfpulse.ai
Performance Pulse, Inc.