Legal
Terms of Service
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and PulseChek LLC, a Florida limited liability company ("PulseChek," "we," "us," or "our"), governing your access to and use of the PulseChek platform, website, API, SDK, and all related services (collectively, the "Service").
By accessing or using the Service — including by creating an account, installing the SDK, or clicking "I agree" — you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, and "you" refers to that entity.
2. Description of Service
PulseChek is a software-as-a-service (SaaS) application performance monitoring platform that allows developers and software teams to track API response times, error rates, database query performance, and related metrics. The Service generates AI-powered plain-English performance summaries and delivers them via email and/or other notification channels.
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable to you or any third party for any such modification, suspension, or discontinuation.
3. Account Registration and Security
To access the Service, you must create an account by providing accurate, current, and complete information. You agree to update this information as necessary to keep it accurate.
You are solely responsible for maintaining the confidentiality of your account credentials, including your API keys. You agree to notify us immediately at legal@pulsechek.io if you become aware of any unauthorized use of your account.
We are not liable for any loss or damage arising from your failure to safeguard your credentials. You are responsible for all activity that occurs under your account, whether or not authorized by you.
You must be at least 18 years of age to create an account. By registering, you represent and warrant that you meet this requirement.
4. Subscription, Billing, and Cancellation
PulseChek offers paid subscription plans ("Plans") billed on a monthly or annual basis. Plan features, pricing, and limitations are described at pulsechek.io/#pricing and are subject to change with reasonable notice.
By selecting a Plan and providing payment information, you authorize us to charge your payment method on a recurring basis at the applicable rate. All fees are in U.S. dollars and are non-refundable except as expressly stated in these Terms or required by applicable law.
You may cancel your subscription at any time through your account settings or by contacting us at legal@pulsechek.io. Upon cancellation, you retain access to the Service until the end of your current billing period. We do not provide prorated refunds for unused time.
If a payment fails, we will attempt to collect payment using reasonable means. We reserve the right to suspend or terminate your account for non-payment after providing reasonable notice.
5. Free Trial
We offer a 7-day free trial for new accounts. A valid payment method is required at signup. You will not be charged until day 8 of your trial. If you cancel before day 8, you will not be charged.
We reserve the right to modify or discontinue the free trial offer at any time without notice. Only one free trial is permitted per person. Creating multiple accounts to obtain additional free trials is a violation of these Terms and may result in account termination.
6. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service to monitor applications you do not own or have authorization to monitor
- Reverse engineer, decompile, or attempt to extract the source code of the Service
- Attempt to gain unauthorized access to any part of the Service or its infrastructure
- Use the Service to transmit malicious code, viruses, or harmful data
- Resell, sublicense, or otherwise commercialize the Service without our express written consent
- Use the Service in any way that could damage, disable, overburden, or impair our systems
- Circumvent any rate limits, access controls, or security measures
- Use automated means to scrape, crawl, or extract data from the Service
- Create multiple accounts to circumvent plan limits or the free trial restriction
We reserve the right to suspend or terminate accounts that violate this section, without notice and without liability to you.
7. Data and Privacy
Our collection and use of information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described therein.
You retain all rights to the performance data collected from your applications via the SDK. By using the Service, you grant PulseChek a limited, non-exclusive license to process, store, and analyze that data solely for the purpose of providing the Service to you.
You represent and warrant that you have all necessary rights and permissions to send data to PulseChek and that doing so does not violate any applicable law or third-party rights.
Upon termination of your account, we will retain your data for 30 days, after which it may be permanently deleted. You are responsible for exporting any data you wish to retain before termination.
8. Intellectual Property
The Service, including all software, algorithms, interfaces, designs, text, and content, is owned by PulseChek LLC and protected by intellectual property laws. Nothing in these Terms grants you any rights in the Service other than a limited, non-exclusive, non-transferable right to use it as permitted herein.
You may not copy, reproduce, modify, distribute, or create derivative works from the Service without our prior written consent.
If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, royalty-free license to use that Feedback for any purpose without compensation or attribution to you.
9. Third-Party Services
The Service integrates with or relies on third-party services including but not limited to Supabase (database and authentication), Anthropic (AI summaries), Resend (email delivery), and Stripe (payment processing). Your use of those services is subject to their respective terms of service and privacy policies.
We are not responsible for the availability, accuracy, or conduct of any third-party service. We do not endorse any third-party service and are not liable for any loss or damage arising from your use of or reliance on them.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PULSECHEK EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.
YOU USE THE SERVICE AT YOUR OWN RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PULSECHEK LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO PULSECHEK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
12. Indemnification
You agree to indemnify, defend, and hold harmless PulseChek LLC and its members, managers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:
- Your use of or access to the Service
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Your violation of any third-party rights, including intellectual property rights
- Any data you transmit through the Service
We reserve the right to assume exclusive control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.
13. Termination
You may terminate your account at any time by canceling your subscription through account settings or by contacting us. Termination does not entitle you to a refund of any prepaid fees.
We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Grounds for termination include but are not limited to: violation of these Terms, non-payment, fraudulent activity, or conduct that we determine in our sole discretion to be harmful to the Service or other users.
Upon termination, all rights granted to you under these Terms immediately cease. Sections 7 (with respect to data retention obligations), 8, 10, 11, 12, and 15 shall survive termination.
14. Changes to These Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email at the address associated with your account and/or by posting a notice on the Service at least 14 days before the changes take effect.
Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service before the effective date.
15. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Florida for the resolution of any disputes.
Before initiating formal legal proceedings, you agree to contact us at legal@pulsechek.io and attempt to resolve the dispute informally for at least 30 days. This requirement does not apply to claims for injunctive or other equitable relief.
TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST PULSECHEK.
16. Contact
If you have questions about these Terms, please contact us at:
PulseChek LLC
legal@pulsechek.io