Terms of Service

1. Acceptance of Terms

By creating an account or using Pulse ("Pulse," "the Service"), you agree to these Terms of Service and our Privacy Policy. If you do not agree, do not use the Service. These Terms constitute a binding legal agreement between you and Pulse by A.I.M LLC.

2. Description of Service

Pulse is a contact management and SMS outreach platform that allows users to manage leads, send text messages, automate follow-ups using AI, and track deals. The platform is intended for lawful business use by adults 18 years of age or older.

3. TCPA Compliance — Your Responsibility

By using Pulse to send SMS messages, you represent and warrant that:

• You are the sole party responsible for obtaining lawful opt-in consent from every recipient before any message is sent. You — not Pulse by A.I.M LLC — are the message sender and the party identified in your A2P 10DLC brand and campaign registration.
• You are solely responsible for the accuracy and completeness of your A2P 10DLC registration, opt-in flows, and consent records, and for retaining proof of consent for each recipient.
• You have obtained prior express written consent from all recipients before sending marketing texts
• You will honor all opt-out requests immediately and permanently
• You will include "Reply STOP to opt out" language in all marketing messages (Pulse templates include this by default)
• You will not send messages to numbers on the National Do Not Call Registry without proper consent
• You will not send messages between 9:00 PM and 8:00 AM in the recipient's local time zone
• You will not use the platform for spam, phishing, harassment, or any unlawful purpose
• Your messaging complies with all carrier guidelines, the CTIA Messaging Principles, and all A2P 10DLC program requirements

Pulse by A.I.M LLC is the technology provider only. Pulse by A.I.M LLC is not liable for TCPA violations, fines, lawsuits, carrier penalties, or regulatory actions arising from your use of the messaging features. Violations may result in immediate account termination.

Your own privacy policy & opt-in disclosure. You are responsible for maintaining a publicly accessible, carrier-compliant privacy policy and opt-in disclosure that (a) name your business as the party collecting the data, and (b) match the brand you register for A2P 10DLC. Where Pulse by A.I.M LLC renders a branded, token-based privacy or terms page on your behalf as a convenience (for example, your Lead Capture Page and its linked privacy/terms pages), you remain solely responsible for the accuracy and legal sufficiency of that content for your business and jurisdiction, and you will review it before directing any traffic to it.

3A. Consent, Lead Sourcing, Do-Not-Call & No Legal Advice

This section clarifies, and does not limit, Section 3. To remove any ambiguity about what Pulse by A.I.M LLC does and does not do on your behalf:

• Public-record and skip-traced data is not consent. The fact that a phone number was obtained from a public record (including, without limitation, code-violation, tax-delinquency, foreclosure, probate, or other government or court records), a data vendor, or a skip-tracing provider does not constitute opt-in consent to receive messages, and Pulse by A.I.M LLC does not represent or treat it as consent. You remain solely responsible for establishing a lawful basis to contact each recipient.
• Pulse by A.I.M LLC does not screen your lists against Do-Not-Call registries. Pulse by A.I.M LLC does not scrub, cleanse, or check the contacts you upload or import against the National Do Not Call Registry, any state Do-Not-Call list, or any litigator/known-litigant or reassigned-number database. Screening your contacts against all applicable Do-Not-Call and suppression requirements is solely your responsibility and must be done before you send.
• Opt-out handling is not a determination of legality. Pulse includes “Reply STOP to opt out” language by default and suppresses recipients who opt out or who have previously opted out, and flags known landlines. These features help you honor opt-out requests; they are not a determination, representation, or warranty by Pulse by A.I.M LLC that your initial message, your list, or your campaign is lawful or permitted.
• State-law and exemption analysis is yours. You are responsible for reviewing and complying with the laws applicable to your specific campaign and jurisdiction — including, by way of example, the federal TCPA and FCC rules, the CAN-SPAM Act, applicable state telemarketing, texting, and Do-Not-Call statutes (for example, Oklahoma’s Telemarketer Restriction Act and Commercial Telephone Solicitation Act), and any exemptions you intend to rely on. Whether any exemption applies depends on how your particular outreach and transaction are structured, which only you and your own advisors can determine.
• Pulse by A.I.M LLC does not provide legal advice. Pulse by A.I.M LLC is a technology provider, not a law firm. Nothing in the Service, our documentation, our support communications, or these Terms is legal advice, and no statement by Pulse by A.I.M LLC or its staff should be relied upon as a determination that your outreach is legally permitted. You should consult your own qualified counsel before sending, and you send at your own risk.

Pulse by A.I.M LLC displays available DNC status information alongside numbers in your imported list and gives you the ability to exclude flagged numbers from outreach. A DNC indicator is provided as a compliance aid and is not a legal determination. The sender remains responsible for determining whether a particular communication is permitted under applicable federal and state law. Pulse by A.I.M LLC also suppresses recipients who opt out through STOP or other supported opt-out requests.

By uploading or importing contacts and sending messages, you represent that you have independently satisfied each of the responsibilities above. The indemnification and limitation-of-liability provisions in Sections 8 and 9 apply in full to any claim arising from your lead sourcing, consent, or Do-Not-Call obligations.

4. Acceptable Use Policy

You agree NOT to use Pulse to:

• Send unsolicited bulk messages (spam)
• Harass, threaten, or deceive any person
• Impersonate any person or entity
• Send messages containing illegal content, hate speech, or adult content
• Violate any applicable law or regulation
• Attempt to reverse-engineer, scrape, or exploit the platform
• Resell or sublicense access to the platform without written permission
• Share your login credentials, password, or active session with any other person, or allow more than one individual to use a single Pulse subscription
• Use the platform for any purpose other than legitimate business outreach

We reserve the right to suspend or terminate accounts that violate this policy without refund.

Carrier & severity-based suspension. To protect the shared messaging ecosystem, Pulse by A.I.M LLC reserves the right to immediately suspend your messaging — with or without notice — upon any carrier or aggregator complaint, content-violation flag, spam report, or the assessment or threat of carrier fines or penalties (including Severity-0 / critical carrier violation fines). You remain responsible for any fines, fees, or penalties assessed by a carrier, aggregator, or regulator that arise from your messaging, and Pulse by A.I.M LLC may pass through or set off any such amounts against your account.

5. Subscriptions & Billing

Pulse is offered as a subscription service. By subscribing, you authorize Pulse by A.I.M LLC to charge your payment method on a recurring basis (monthly or annually depending on your plan).

• Subscriptions automatically renew unless cancelled before the renewal date
• You may cancel anytime from your account settings — cancellation takes effect at the end of the current billing period
• We do not offer prorated refunds for partial billing periods unless required by law
• Prices are subject to change with 30 days advance notice to active subscribers
• All payments are processed by Stripe and subject to Stripe's terms

One active session per account. Each Pulse subscription is licensed to a single user and permits one active signed-in session at a time. When a new sign-in is detected on your account, any other browser currently signed in will be automatically signed out. Repeated credential-sharing attempts may result in account suspension without refund.

5A. Pulse-Managed Texting Numbers (Optional)

If you choose “Let Pulse handle it” instead of connecting your own Twilio account, Pulse provisions a texting phone number for you on a Twilio sub-account owned by Pulse by A.I.M LLC and registers your business with the U.S. carriers (A2P 10DLC) on your behalf. The following terms apply to that service:

• One-time setup fee. A one-time fee (currently $49) is charged at signup together with the card you place on file for your trial, and covers the carriers’ brand-registration and vetting charges plus your first 1,000 prepaid text credits, passed through at cost plus card processing. The registration portion is non-refundable once your registration has been submitted to the carriers, including if the carriers reject or delay your registration; the credits are governed by the prepaid-credit terms below.
• Carrier approval is not guaranteed. Approval, timing and any rejection are decided solely by the carriers and The Campaign Registry. You are responsible for the accuracy of the business details you provide (legal name, EIN, address, authorized representative); inaccurate details are the most common cause of rejection.
• Monthly number fee. Once your number is provisioned, a recurring number-and-campaign fee (currently $3.00/month, Twilio’s cost) is added to your Pulse subscription invoice. It stops when you cancel; the number is released 30 days after cancellation and cannot be recovered afterward.
• Prepaid texting credits with a hard stop. Outbound text messages are paid for with prepaid credits (1 credit = 1 SMS segment) purchased in advance at Twilio’s per-segment cost. When your credit balance reaches zero, sending pauses automatically — there is no overage, no negative balance and no post-paid texting charge. Inbound messages and AI replies to your leads are metered from the same balance. Credits are non-refundable and non-transferable, do not expire, and have no cash value.
• Spend cap. Pulse enforces a technical spending ceiling on your sub-account equal to what you have prepaid; if that ceiling is reached your sub-account is suspended until credits are added. This protects you from unexpected charges.
• Ownership and portability. The number is provisioned on infrastructure owned by Pulse by A.I.M LLC. You may request to port the number out while your subscription is active, subject to carrier rules. On cancellation, non-payment, or a payment dispute, Pulse by A.I.M LLC may suspend the sub-account immediately and release the number after 30 days.
• Compliance. Section 3 (TCPA) applies in full. You remain solely responsible for consent, opt-out handling and message content sent from a Pulse-managed number; Pulse by A.I.M LLC may suspend the number without refund for carrier complaints, spam reports or policy violations.

6. Your Data

You retain full ownership of all lead data, contact data, and messages you create within the platform. By using Pulse, you grant Pulse by A.I.M LLC a limited license to store and process this data solely to provide the Service to you. We do not sell, share, or use your data for any purpose other than operating the platform.

Data roles. As between you and Pulse by A.I.M LLC, with respect to the personal information of your recipients, you are the data controller and Pulse by A.I.M LLC acts as a processor / service provider that processes such information solely to provide the Service and on your documented instructions. Pulse by A.I.M LLC will not sell recipient personal information or use it for its own marketing purposes.

7. AI Features Disclaimer

AI-generated reply suggestions, conversation coaching, and auto-reply features are provided as tools to assist you — they are not legal, financial, or professional advice. You are responsible for reviewing all AI-generated content before sending. Pulse by A.I.M LLC is not liable for any outcomes resulting from AI-generated messages sent on your behalf.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PULSE BY A.I.M LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO:

• TCPA violations, fines, or legal actions resulting from your messaging activities
• Loss of leads, deals, or business opportunities
• Service outages, data loss, or delivery failures
• Any actions taken by AI features on your behalf

Our total liability to you for any claim shall not exceed the amount you paid us in the three (3) months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Pulse by A.I.M LLC, its officers, employees, and agents from any and all claims, damages, losses, fines, penalties, or expenses (including attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any law or third-party rights — including, without limitation, any TCPA, CAN-SPAM, CTIA, or A2P 10DLC violations, and any fines or penalties assessed by a carrier, messaging aggregator, or regulator (including Severity-0 / critical carrier violation fines) in connection with messages you send.

10. Service Availability

We strive for high availability but do not guarantee uninterrupted service. We may perform maintenance, updates, or modifications at any time. We are not liable for any downtime, delivery failures, or service interruptions.

11. Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, illegal activity, or abuse of the platform, without prior notice and without refund. You may terminate your account at any time by cancelling your subscription and contacting support to delete your data.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of North Carolina, without regard to conflict of law principles. Any dispute arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration under the American Arbitration Association rules, conducted in North Carolina. Class action lawsuits are waived to the extent permitted by law.

13. Changes to Terms

We may update these Terms at any time. Material changes will be communicated via email or platform notice at least 14 days before taking effect. Continued use of the Service after changes constitutes your acceptance of the updated Terms.

14. Contact

Questions about these Terms:
support@pulsebyaim.com
Pulse by A.I.M LLC · pulsebyaim.com