Terms of Service

Effective Date: May 4, 2026
Last Updated: May 4, 2026

These Terms of Service govern your access to and use of Pulsery, including our website, platform, demo funnel, pilot program, and related services.

By accessing or using Pulsery, you agree to these Terms.

If you are using Pulsery on behalf of a company, brand, or organization, you confirm that you have authority to bind that organization to these Terms.

1. About Pulsery

Pulsery is a hyper-personalization and product recommendation platform for e-commerce brands.

Pulsery helps merchants use customer behavior, store data, product data, machine learning signals, AI-generated campaign content, and campaign insights to create more relevant email campaigns.

2. Eligibility

You may use Pulsery only if you can legally enter into a binding agreement and comply with these Terms.

Pulsery is intended for business and commercial use, not personal consumer use.

3. Accounts

To use certain features, you may need to create an account.

You are responsible for:

• Providing accurate account information
• Keeping login credentials secure
• Controlling access to your account
• All activity that occurs under your account
• Notifying us promptly of unauthorized access or security issues

We may suspend or terminate access if we believe your account has been compromised or used in violation of these Terms.

4. Merchant Responsibilities

If you use Pulsery as a merchant, you are responsible for:

• The accuracy and legality of the data you provide
• Having the necessary rights, notices, consents, and permissions to use customer data with Pulsery
• Ensuring your campaigns comply with applicable laws
• Reviewing and approving campaign content before sending
• Managing unsubscribe, suppression, consent, and customer communication obligations
• Ensuring your use of Pulsery does not violate third-party platform rules, including Shopify or email service provider policies

Pulsery provides tools to support campaign creation, personalization, recommendations, and insights, but you remain responsible for your campaigns and business decisions.

5. Platform Use

You agree not to use Pulsery to:

• Violate any law or regulation
• Send spam or unlawful commercial messages
• Upload or process data you do not have the right to use
• Mislead customers or recipients
• Infringe intellectual property rights
• Interfere with the security or operation of Pulsery
• Reverse engineer, copy, or attempt to extract source code
• Abuse, overload, or disrupt the platform
• Use Pulsery for harmful, fraudulent, or deceptive purposes
• Use Pulsery to send discriminatory, unlawful, or harmful content

6. Email Campaigns

Pulsery may help generate, render, schedule, analyze, or support email campaigns.

You are responsible for:

• Reviewing campaign content before sending
• Ensuring claims, offers, discounts, and product information are accurate
• Ensuring recipients have been collected and contacted lawfully
• Including required sender information and unsubscribe mechanisms
• Honouring unsubscribe and suppression requests
• Complying with applicable anti-spam, privacy, consumer protection, and advertising laws

Pulsery may refuse, suspend, or block campaigns that appear to violate these Terms, applicable law, or platform safety requirements.

7. AI-Generated Content

Pulsery may generate campaign copy, subject lines, recommendations, insights, reports, or other content using AI.

AI-generated content may be incomplete, inaccurate, or inappropriate for your specific use case.

You are responsible for reviewing and approving AI-generated content before using it in campaigns or business decisions.

Pulsery does not guarantee that AI-generated content will increase revenue, conversion, engagement, retention, or any other business metric.

8. Product Recommendations and Predictions

Pulsery may provide product recommendations, churn risk scores, conversion propensity scores, customer health tiers, funnel classifications, or other predictions.

These outputs are decision-support tools only.

They are not guarantees of customer behavior, campaign performance, or business outcomes.

You are responsible for how you use predictions, recommendations, scores, and insights.

9. Integrations

Pulsery may integrate with third-party services such as Shopify, email delivery providers, analytics tools, cloud providers, scheduling tools, or other platforms.

Your use of third-party services is governed by their own terms and policies.

We are not responsible for third-party services, outages, data handling, policy changes, or integration issues outside our control.

10. Customer Data

As between you and Pulsery, you retain ownership of your merchant data and customer data.

You grant Pulsery the right to process your data as needed to provide, secure, improve, and support the platform.

You represent that you have all necessary rights, consents, permissions, and legal authority to provide data to Pulsery and use it with the platform.

11. Pulsery Intellectual Property

Pulsery and its related software, design, features, branding, workflows, models, interfaces, content, documentation, and technology are owned by Pulsery or its licensors.

These Terms do not give you ownership of Pulsery’s intellectual property.

You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from Pulsery except as expressly allowed by us in writing.

12. Feedback

If you provide feedback, suggestions, ideas, or recommendations, you allow Pulsery to use them without restriction or compensation.

Feedback does not give you ownership rights in Pulsery or any improvements we make.

13. Fees and Payment

If Pulsery offers paid plans, pilots, subscriptions, or services, fees will be described in an order form, invoice, pricing page, or separate agreement.

Unless otherwise stated:

• Fees are due according to the applicable payment terms
• Fees are non-refundable except where required by law or agreed in writing
• You are responsible for applicable taxes
• We may suspend access for unpaid amounts

14. Pilot Programs

Pulsery may offer pilot programs, early access, or beta features.

Pilot or beta features may be incomplete, experimental, or subject to change.

We may modify, limit, pause, or discontinue pilot features at any time.

Participation in a pilot does not guarantee future access, pricing, features, or commercial availability.

15. Confidentiality

During demos, pilots, or platform use, either party may share non-public business, technical, product, customer, or commercial information.

Each party agrees to use reasonable care to protect confidential information and not disclose it except as needed to perform under these Terms or as required by law.

16. Service Availability

We aim to provide reliable service, but Pulsery may be unavailable from time to time due to maintenance, updates, technical issues, outages, third-party failures, or events outside our control.

We do not guarantee uninterrupted or error-free operation.

17. Disclaimers

Pulsery is provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and performance.

We do not guarantee specific business results, revenue increases, conversion improvements, customer retention, campaign performance, deliverability outcomes, or prediction accuracy.

18. Limitation of Liability

To the fullest extent permitted by law, Pulsery will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, business interruption, or loss of goodwill.

To the fullest extent permitted by law, Pulsery’s total liability for any claim related to the service will not exceed the amount you paid to Pulsery in the three months before the event giving rise to the claim, or CAD $100 if you have not paid any fees.

19. Indemnity

You agree to defend, indemnify, and hold harmless Pulsery from claims, damages, liabilities, costs, and expenses arising from:

• Your use of Pulsery
• Your campaigns or customer communications
• Your data or content
• Your violation of these Terms
• Your violation of law
• Your violation of third-party rights
• Your failure to obtain required consents or permissions

20. Suspension and Termination

We may suspend or terminate access to Pulsery if:

• You violate these Terms
• Your use creates risk for Pulsery, other users, customers, or third parties
• You fail to pay fees when due
• We are required to do so by law
• Your account is inactive or part of a discontinued pilot

You may stop using Pulsery at any time.

Termination does not affect obligations that should reasonably survive, including payment obligations, confidentiality, intellectual property, disclaimers, limitations of liability, and indemnity.

21. Changes to Pulsery

We may update, modify, add, or remove features from Pulsery over time.

We may also change or discontinue parts of the service, including beta or pilot features.

22. Changes to These Terms

We may update these Terms from time to time.

If changes are material, we may provide notice through the website, platform, email, or other reasonable means.

Your continued use of Pulsery after changes become effective means you accept the updated Terms.

23. Governing Law

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable there, unless another jurisdiction is specified in a separate written agreement.

The courts located in British Columbia will have exclusive jurisdiction over disputes, unless otherwise required by law.

24. Contact

If you have questions about these Terms, contact us at:

OmniLabs Technologies
Email: legal@pulsery.com
Address: 319 W Hastings St, Vancouver, BC V6B 1H6