Terms of Service
Terms of Service
Pulse AI Terms of Use
Introduction
Please read these Terms of Use ("Terms") carefully as they govern your use of (which
includes access to) Pulse AI’s personalized services for ChatBot and other content,
including all of our websites and software applications that incorporate or link to these
Terms (collectively, the "Pulse AI Service") and any other material that is made
available through the Pulse AI Service ("Content").
Use of the Pulse AI Service is subject to the Pulse AI Privacy Policy and additional
terms and conditions presented by Pulse AI, all of which are made part of these Terms
by this reference.
By signing up for, or otherwise using, the Pulse AI Service, you agree to these Terms.
If you do not agree to these Terms, then you must not use the Pulse AI Service or
access any Content.
Service provider
These Terms are between you and Pulse AI LLC, 68 Harrison Ave Ste 605 #594072,
Boston, MA, 02111-1929.
Pulse AI Service options
We provide several Pulse AI Service options. Certain Pulse AI Service options are
provided free of charge, while other options require payment before they can be
accessed ("Paid Subscriptions"). We may also offer special promotional plans,
memberships, or services, including offerings of third-party products and services. We
are not responsible for the products and services provided by such third parties.
Trials
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a
specified period without payment or at a reduced rate ("Trial"). By using a Pulse AI
Service via a Trial, you agree to the Pulse AI Order Form.
Third-party applications, and open source software
The Pulse AI Service may be integrated with, or may otherwise interact with, third-party
applications, websites, and services ("Third-Party Applications") Your use of such
Third-Party Applications may be subject to additional terms, conditions, and policies
provided to you by the applicable third party. Pulse AI does not guarantee that Third-
Party Applications will be compatible with the Pulse AI Service.
Service limitations and modifications
We use reasonable efforts to keep the Pulse AI Service operational and to provide you
with a personalized, ChatBot experience. However, Pulse AI reserves the right to
change our Pulse AI Service offerings and their availability from time to time, without
notice or liability to you. For example:
• The Pulse AI Service may experience temporary interruptions due to technical
difficulties, maintenance or testing, or updates, including those required to reflect
changes in relevant laws and regulatory requirements.
• We aim to evolve and improve the Pulse AI Service constantly, and we may
modify, suspend, or stop (permanently or temporarily) providing all or part of the
Pulse AI Service (including particular functions, features, subscription plans, and
promotional offerings).
If you have prepaid fees directly to Pulse AI for a Paid Subscription that Pulse AI
permanently discontinues prior to the end of your Prepaid Period (as that term is
defined in the "Payments and cancellations" section below), Pulse AI will refund you the
prorated portion of the prepaid fees for the Pre-Paid Period after such discontinuation.
Your account and billing information must be up to date in order for us to refund you.
Pulse AI has no liability to you, nor any obligation to provide a refund to you, in
connection with internet or other Pulse AI Service outages or failures that are caused by
the actions of government authorities, other third parties, or events beyond our control.
3. Your Use of the Pulse AI Service
Your rights to use the Pulse AI Service
Access to the Pulse AI Service (Analytics, Professional Services)
Subject to your compliance with these Terms (including any other applicable terms and
conditions), we grant to you limited, non-exclusive, revocable permission to make
personal, non-commercial use of the Pulse AI Service and the Content (collectively,
"Access"). This Access shall remain in effect unless and until terminated by you or
Pulse AI. You agree that you will not redistribute or transfer the Pulse AI Service or the
Content.
The Pulse AI software applications and the Content are subscribed, not sold or
transferred to you, and Pulse AI and its subscribers retain ownership of all copies of the
Pulse AI software applications.
Pulse AI’s proprietary rights
The Pulse AI Service and the Content are the property of Pulse AI or Pulse AI licensors.
All Pulse AI trademarks, service marks, trade names, logos, domain names, and any
other features of the Pulse AI brand ("Pulse AI Brand Features") are the sole property
of Pulse AI or its licensors. These Terms do not grant you any rights to use any Pulse AI
Brand Features whether for commercial or non-commercial use.
Payments and cancellation
Billing
You may purchase a Paid Subscription directly from Pulse AI either by:
• paying a subscription fee plus applicable taxes in advance on a monthly basis
disclosed to you prior to your purchase; or
• prepayment giving you access to the Pulse AI Service for a specific time period
("Prepaid Period"). Tax rates are calculated based on the information you
provide and the applicable rate at the time of your monthly charge.
Price and tax changes
Pulse AI may from time to time make changes to Paid Subscriptions, including recurring
subscription fees, the Prepaid Period (for periods not yet paid), or Codes, and will
communicate any price changes to you in advance. Price changes will take effect at the
start of the next subscription period following the date of the price change and, by
continuing to use the Pulse AI Service after the price change takes effect, you will have
accepted the new price. If you do not agree to a price change, you can reject the
change by unsubscribing from the applicable Paid Subscription prior to the price change
going into effect.
Tax rates are based on the rates applicable at the time of your monthly charge. These
amounts can change over time with local tax requirements in your country, state,
territory, county, or city. Any change in tax rate will be automatically applied based on
the account information you provide.
Renewal and cancellation
Your payment to Pulse AI for the Paid Subscription will automatically renew at the
beginning of a new month, unless you cancel your Paid Subscription before the end of
the then-current month. Contact our Customer Support team for instructions on how to
cancel. The cancellation will take effect the day after the last day of the month. We do
not provide refunds or credits for any partial monthly periods, except as expressly stated
in these Terms.
4. Content and Intellectual Property Rights
User Content
The content you post on the Pulse AI Service
Pulse AI users by use of Pulse AI features will contribute content to the Pulse AI Service
("User Content"). For the avoidance of doubt, User Content includes all information,
materials and other content that is added, created, uploaded, submitted, distributed, or
posted to the Pulse AI Service by users.
You are solely responsible for all User Content that you post.
In posting or sharing User Content or other information on the Pulse AI Service, please
keep in mind that content and other information will be publicly accessible, and may be
used and re-shared by others on the Pulse AI Service and across the web, so please
use caution in posting or sharing on the Pulse AI Service, and be mindful of your
account settings. Pulse AI is not responsible for what you or others post or share on the
Pulse AI Service.
Monitoring user content
Pulse AI may, but has no obligation to, monitor or review User Content. Pulse AI
reserves the right to remove or disable access to any User Content for any or no
reason. Pulse AI may take these actions without prior notification to you.
5. Customer Support, Information, Questions, and
Complaints
Customer support, information, questions, and complaints
For customer support with account- and payment-related questions ("Customer
Support Queries"), please use Customer Support resources listed on our website.
If you have any questions concerning the Pulse AI Service or these Terms (including
any additional Pulse AI terms and conditions incorporated herein), please contact Pulse
AI Customer Service by visiting the About Us section of our website. You may also
contact us at the mailing address set forth in the "Service Provider" section at the start
of these Terms.
6. Problems and Disputes
Suspending and terminating the Pulse AI Service
These Terms will continue to apply to you until terminated by either you or Pulse AI.
Pulse AI may terminate these Terms (including any additional terms and conditions
incorporated herein) or suspend your access to the Pulse AI Service at any time if we
believe you have breached any of these Terms, if we stop providing the Pulse AI
Service or any material component thereof, or as we believe necessary to comply with
applicable law. If you or Pulse AI terminate these Terms, or if Pulse AI suspends your
access to the Pulse AI Service, you agree that Pulse AI shall have no liability or
responsibility to you, and (except as expressly provided in these Terms) Pulse AI will
not refund any amounts that you have already paid. You may terminate these Terms at
any time, in which case you may not continue accessing or using the Pulse AI Service.
To learn how to terminate your Pulse AI account, please use the Customer Support
resources on our About Us page.
The following sections shall survive termination: Sections 2 (The Pulse AI Service), 3
(Your Use of the Pulse AI Service) (except as set forth therein), 4 (Content and
Intellectual Property Rights), 6 (Problems and Disputes), 7 (About These Terms), as
well as any other sections of these Terms that, either explicitly or by their nature, must
remain in effect even after termination of these Terms.
Warranty disclaimers
THE PULSE AI SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT
ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR
STATUTORY. FURTHER, PULSE AI AND ALL OWNERS OF THE CONTENT
DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING
THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT. NEITHER PULSE AI NOR ANY OWNER OF CONTENT
WARRANTS THAT THE PULSE AI SERVICE OR CONTENT IS FREE OF MALWARE
OR OTHER HARMFUL COMPONENTS. IN ADDITION, PULSE AI MAKES NO
REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY
RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT
THEREOF), USER CONTENT, OR ANY PRODUCT OR SERVICE ADVERTISED,
PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE PULSE AI
SERVICE OR ANY HYPERLINKED WEBSITE, AND PULSE AI IS NOT
RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-
PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION
WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM PULSE AI SHALL
CREATE ANY WARRANTY ON BEHALF OF PULSE AI . WHILE USING THE PULSE
AI SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING
FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME
EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH
FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on
applicable statutory rights of a consumer, so the exclusion and limitations in this section
may not apply to you.
Limitation of liability and time for filing a claim
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS
OR DISSATISFACTION WITH THE PULSE AI SERVICE IS TO UNINSTALL ANY
PULSE AI SOFTWARE AND TO STOP USING THE PULSE AI SERVICE. YOU
AGREE THAT PULSE AI HAS NO OBLIGATION OR LIABILITY ARISING FROM OR
RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE
AVAILABLE THROUGH OR IN CONNECTION WITH THE PULSE AI SERVICE, AND
WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE
GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR
SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO PULSE AI , FOR ANY
PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR
THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-
PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
PULSE AI , ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS,
DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS,
OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE,
DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL
CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PULSE AI
SERVICE, , THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION
CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER
PULSE AI HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND
EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE
LIABILITY FOR ALL CLAIMS RELATING TO THE PULSE AI SERVICE, THIRD-PARTY
APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE
GREATER OF (A) THE AMOUNTS PAID BY YOU TO PULSE AI DURING THE
TWELVE MONTHS PRIOR TO THE FIRST CLAIM; OR (B) $30.00.
For clarification, these Terms do not limit Pulse AI 's liability for fraud, fraudulent
misrepresentation, death or personal injury to the extent that applicable law would
prohibit such a limitation.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM
ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND
OR FILING AN INDIVIDUAL ACTION AS SPECIFIED UNDER THE ARBITRATION
AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY
ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF
THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE
SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN
THAT TIME PERIOD.
Third-party rights
You acknowledge and agree that the owners of the Content and certain distributors
(such as app store providers) are intended beneficiaries of these Terms and have the
right to enforce these Terms directly against you. Other than as set out in this section,
(1) these Terms are not intended to grant rights to anyone except you and Pulse AI ;
and (2) in no event shall these Terms create any third-party beneficiary rights.
Indemnification
You agree to indemnify and hold Pulse AI harmless from and against all damages,
losses, and expenses of any kind (including reasonable attorneys' fees and costs)
arising out of or related to: (1) your breach of any of these Terms (including any
additional Pulse AI terms and conditions incorporated herein); (2) any User Content you
post or otherwise contribute; (3) any activity in which you engage on or through the
Pulse AI Service; and (4) your violation of any law or the rights of a third party.
Governing law, jurisdiction, and jury trial waiver
These Terms and any dispute, claim, and/or controversy that in any way relates to or
arises in connection with these Terms or your relationship with Pulse AI as a user of the
Pulse AI Service ("Dispute") are governed by and shall be construed in accordance
with the laws of the state of New York, except to the extent preempted by or
inconsistent with federal law. Further, you and Pulse AI agree to the exclusive
jurisdiction of the federal or state courts located in New York, New York, to resolve any
Dispute that is not subject to mandatory arbitration under the Arbitration Agreement
below, and waive any jurisdictional, venue, or inconvenient forum objections to such
courts.
To the fullest extent permitted by applicable law, the parties agree to waive any right to
a jury trial.
ARBITRATION AGREEMENT
This Arbitration Agreement section sets forth the terms and conditions pursuant to
which Disputes between you and Pulse AI will be resolved through individual arbitration
("Arbitration Agreement").
Dispute resolution and arbitration
Subject to the exceptions set forth in the "Exceptions to arbitration" section below, you
and Pulse AI agree that any Dispute between you and Pulse AI (whether based in
contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether
the claims arise during or after the termination of these Terms) will be determined by
binding individual (not class) arbitration. The arbitrator has the authority to rule on all
issues except that a court has exclusive authority to: (1) decide arbitrability, as well as
scope, validity, and enforceability of this Arbitration Agreement; (2) decide whether you
and Pulse AI have complied with the pre-arbitration filing requirements (including the
requirements described in the "Pre-arbitration notice of dispute and informal resolution
period" section below); (3) enforce the prohibition on class or representative actions; (4)
enforce the provisions regarding mass arbitrations; and (5) enjoin an arbitration from
proceeding if it does not comply with this Arbitration Agreement. THERE IS NO JUDGE
OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS
LIMITED. The arbitrator can award the same damages and relief as a court (including
attorneys' fees and costs where allowable under applicable law), except that the
arbitrator may not award any relief, including declaratory or injunctive relief, benefiting
anyone but the parties to the arbitration. This arbitration provision will survive
termination of these Terms.
Exceptions to arbitration
You and Pulse AI both agree that any Dispute relating to any actual or alleged
infringement of your or Pulse AI 's intellectual property rights shall be brought in the
federal courts of New York, New York, and that nothing in this Arbitration Agreement will
be deemed to waive, preclude, or otherwise limit either of your or Pulse AI 's rights, at
any time, to elect to have an individual action heard in: (1) a U.S. small claims court (so
long as the action is litigated exclusively in small claims court and is not removed or
appealed to a court of general jurisdiction); or (2) a court of law, in accordance with the
jurisdiction and venue described in the "Governing law, jurisdiction, and jury trial waiver"
section above, seeking only temporary or preliminary individualized injunctive relief,
pending a final ruling from the arbitrator. In addition, this Arbitration Agreement does not
stop you or us from bringing issues to the attention of federal, state, or local agencies.
Such agencies can, if the law allows, seek relief against us on your behalf (or vice
versa).
No class or representative proceedings and class action waiver
YOU AND PULSE AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER IN ARBITRATION OR LITIGATION ONLY IN YOUR OR ITS INDIVIDUAL
CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR
REPRESENTATIVE ACTION. Unless both you and Pulse AI agree, no arbitrator or
judge may consolidate more than one person's claims or otherwise preside over any
form of a representative or class proceeding. The arbitrator may award injunctive relief
only in favor of the individual party seeking relief and only to the extent necessary to
provide relief warranted by that party's individual claim. If a court decides that applicable
law precludes enforcement of any of this paragraph's limitations as to a particular claim
for relief or request for relief (such as a request for public injunctive relief) and all
appeals have been exhausted or the decision is otherwise final, then the parties agree
that such a claim or request for relief shall be decided by a court only after all other
claims and requests for relief are arbitrated.
Pre-arbitration notice of dispute and informal resolution period
A party who intends to seek arbitration must first send a written notice of the Dispute
("Notice") to the other. Notices to Pulse AI must be sent by email to
Support@pulsense.com, and Notices to you must be sent to the email address
associated with your Pulse AI account. All Notices must: (1) be personally signed by the
party sending the Notice; (2) provide the relevant user's name, email address
associated with the user's Pulse AI account, and Pulse AI username; (3) describe with
specificity the nature and basis of the Dispute; and (4) set forth the alleged damage and
harm suffered and the specific relief sought with a calculation for it.
After a Notice containing all of the information required above is received, the parties
agree to engage in good faith for a period of sixty (60) days in an effort to resolve the
Dispute (this time period may be extended by agreement of the parties) ("Informal
Resolution Period"). The party receiving the Notice may request a telephone or video
settlement conference during the Informal Resolution Period in an effort to facilitate
resolution of the Dispute ("Informal Settlement Conference"). The Informal Settlement
Conference, if any, will take place at a mutually agreeable time, which can be after the
sixty (60) day Informal Resolution Period if needed to accommodate the parties'
schedules. During the Informal Settlement Conference, you and a Pulse AI
representative must both personally participate in a good-faith effort to resolve the
Dispute without the need to proceed with arbitration. Any counsel representing the
parties also may participate. Personal participation in an Informal Settlement
Conference will not be required if both you and Pulse AI agree in writing.
The Notice, Informal Resolution Period, and Informal Settlement Conference are
intended to give the parties a meaningful opportunity to resolve Disputes informally. If
any aspect of this "Pre-arbitration notice of dispute and informal resolution period"
section has not been met, the parties agree that a court can enjoin the filing or
prosecution of an arbitration and, unless prohibited by law, the arbitration administrator
shall not accept or administer an arbitration nor demand fees in connection with such an
arbitration. Notwithstanding the foregoing, a party retains the right to raise non-
compliance with the requirements of this section and seek appropriate relief in
arbitration.
Any applicable statute of limitations or contractual limitations period will be tolled for any
claims and requests for relief set forth in a Notice from the date that either you or Pulse
AI sends the other a fully complete Notice until: (1) thirty (30) days after completion of
the Informal Resolution Period, if no Informal Settlement Conference is held; or (2) thirty
(30) days after completion of the Informal Settlement Conference if an Informal
Settlement Conference is held ("Tolling Period").
Neither you nor Pulse AI may commence an arbitration proceeding until after the Tolling
Period has ended.
Arbitration rules and fees
Either you or Pulse AI may start arbitration proceedings. Any arbitration between you
and Pulse AI will be administered by National Arbitration and Mediation ("NAM") in
accordance with their rules applicable to the nature of the Dispute, including the
Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental
Rules for Mass Arbitration Filings ("NAM Rules"), as modified by this Arbitration
Agreement. You and Pulse AI agree that the Federal Arbitration Act applies and
governs the interpretation and enforcement of this Arbitration Agreement (despite the
choice of law provision above). The NAM Rules, as well as instructions on how to file a
demand for arbitration ("Demand") with NAM, appear
at www.namadr.com/resources/rules-fees-forms/. The Demand must attach the relevant
Notice and be personally signed by the party initiating the arbitration (and their counsel,
if represented).
If NAM is unavailable, unwilling, or otherwise unable to administer an arbitration in
accordance with this Arbitration Agreement, then another administrator that will do so
will be selected by agreement of the parties. If the parties cannot agree, then they will
jointly petition a court to appoint an administrator that will do so. To start an arbitration,
the claimant shall send a copy of the Demand to NAM and the other party. If you initiate
arbitration, you shall serve the Demand on Pulse AI via email at legal@Pulse AI
.com and to Pulse AI 's registered agent at CT Corporation System, 28 Liberty Street,
New York, New York, 10005. If Pulse AI initiates arbitration, Pulse AI shall serve the
Demand on you at the email address associated with your Pulse AI account. The
claimant must certify in the Demand that the requirements set forth in the "Pre-
arbitration notice of dispute and informal resolution period" section above have been
met, and must attach a copy of the Notice to the Demand.
Each party retains the right to request a hearing in arbitration from the arbitrator. Any
arbitration hearings will be conducted by phone or videoconference to the extent
possible, but if the arbitrator determines that a hearing should be conducted in person,
the locale for such hearing shall be in the county or parish where you reside or at
another agreed upon locale.
As in court, any counsel participating in an arbitration certifies that they are complying
with the requirements of Federal Rule of Civil Procedure 11(b), including a certification
that the claim or the relief sought is neither frivolous nor brought for an improper
purpose. The arbitrator is authorized to impose any sanctions available under the NAM
Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law against all
appropriate represented parties and counsel.
Pulse AI will pay all filing, administration, case-management, hearing, and arbitrator
fees ("Arbitration Fees") if it initiates an arbitration. If you choose to file an arbitration
proceeding, the allocation and payment of Arbitration Fees will be governed by the NAM
Rules, unless a different allocation is required by court order or for this Arbitration
Agreement to be enforced. You and Pulse AI agree that arbitration should be cost
effective for all parties. Either party may engage with the arbitration administrator
around fee reductions and deferred payments.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue
a reasoned written decision sufficient to explain the essential findings and conclusions
on which the decision and award, if any, are based. The arbitrator may consider rulings
in other arbitrations involving different users, but an arbitrator's ruling will not be binding
in any proceeding involving different users. The arbitrator may make rulings and resolve
any disagreements as to the payment and reimbursement of fees or expenses at any
time during the proceeding and upon request from either party made within fourteen
(14) days of the arbitrator's ruling on the merits. An arbitration award that has been
satisfied may not be filed or entered in court.
Mass arbitration
If you elect to have your claim addressed as part of a mass arbitration (defined below),
you agree to the additional procedures set forth below.
If twenty-five (25) or more claimants submit Notices or attempt to file Demands raising
similar claims, are represented by the same or coordinated counsel (regardless of
whether the Notices or Demands are submitted simultaneously), and the parties cannot
resolve the cases during the Informal Resolution Period, all of the cases must be
resolved in arbitration through staged sets of proceedings. You agree to this process
even though it may delay the arbitration of your case.
If these mass filing procedures apply to your case, the Tolling Period for your claims will
be extended until your case is selected to proceed as part of a staged proceeding,
withdrawn, opted out of arbitration (as set forth below), or otherwise resolved.
First Stage: In the first stage, counsel for the parties shall each select twenty-five (25)
cases per side (50 cases total) to be filed in arbitration and to proceed individually in
accordance with this Arbitration Agreement, with each case assigned to a separate and
different arbitrator (unless the parties agree otherwise). In the meantime, any remaining
cases shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be
assessed in connection with those cases unless and until they are selected to be filed in
individual arbitration proceedings as part of a staged process. After the first stage is
completed, the parties shall engage in a global, non-binding, and confidential mediation
of all remaining cases with a retired federal or state court judge, and Pulse AI shall pay
the mediator's fee.
Second Stage: If the parties are unable to resolve the remaining cases after the
mediation, the parties shall repeat the same process except that fifty (50) cases shall be
selected per side (100 cases total) to proceed individually in accordance with this
Arbitration Agreement, with each case assigned to a separate and different arbitrator
(unless the parties agree otherwise). After the second stage is completed, the parties
will again engage in a global, non-binding, and confidential mediation of all remaining
cases with a retired federal or state court judge, with the mediator's fee paid for by
Pulse AI .
If the parties are unable to resolve any remaining cases after a second global mediation
session:
Option One: You and Pulse AI may, separately or by agreement, opt out of arbitration
and elect to have your case heard in a court of competent jurisdiction consistent with
these Terms. You may opt out of arbitration by providing an individual, personally
signed notice of your intention to opt out of arbitration to Pulse AI via email at
support@pulsense.com within thirty (30) days after the conclusion of the second global
mediation session. Pulse AI may opt your case out of arbitration by sending an
individual, signed notice of its intention to opt out of arbitration to your counsel via email
no more than thirty (30) days following the expiration of your thirty (30) day opt-out
period. Counsel for the parties may agree to adjust these deadlines.
OR
Option Two: If neither you nor Pulse AI elects to have your case heard in court
consistent with Option One, then you agree that your case will be resolved through
continuing staged proceedings as set forth below. Assuming the number of remaining
cases exceeds two hundred (200), then two hundred (200) cases shall be randomly
selected (or selected through a process agreed to by counsel for the parties) to be filed
and to proceed in individual arbitrations as part of a staged process. If the number of
remaining cases is fewer than two hundred (200), then all of those cases shall be filed
and proceed in individual arbitrations. No more than five (5) cases within any set of two
hundred (200) cases may be assigned to the same arbitrator to proceed individually,
unless the parties agree otherwise in writing. Any remaining cases shall not be filed or
deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with
those cases unless and until they are selected to be filed in individual arbitration
proceedings as part of a staged process.
Throughout the staged process above, the arbitrators for the cases are encouraged to
resolve the cases within one hundred twenty (120) days of appointment or as swiftly as
possible thereafter, consistent with fairness to the parties. If any case selected for a
staged set of proceedings is withdrawn prior to the arbitrator's award (and without the
consent of the other party), another case shall be selected to proceed individually in
arbitration consistent with the process set forth above.
A court of competent jurisdiction will have the authority to enforce this "Mass arbitration"
section and, if necessary, to enjoin the filing or prosecution of arbitrations or the
assessment or collection of Arbitration Fees. This "Mass arbitration" section is intended
to be severable from the rest of this Arbitration Agreement. If a court decides that the
staging process set forth in this "Mass arbitration" section is not enforceable (and after
exhaustion of all appeals), then all cases may be filed in arbitration, but the payment of
Arbitration Fees will be assessed as the arbitrations advance and arbitrators are
appointed, rather than when the arbitrations are initiated.
Enforceability
If in the process of arbitrating or litigating a Dispute this Arbitration Agreement is
invalidated in whole, the parties agree that they may seek to resolve the Dispute in a
U.S. small claims court or in the federal or state courts of New York, New York,
consistent with the "Governing law, jurisdiction, and jury trial waiver" section above. To
the fullest extent permitted by applicable law, each party may bring a Dispute against
the other party only in an individual capacity and not participate as a plaintiff, claimant,
or class member in any class, collective, consolidated, private attorney general, or
representative proceeding. Notwithstanding the foregoing, either party may participate
in a class-wide settlement.
7. About These Terms
Under applicable law, you may have certain rights that can't be limited by a contract.
These Terms are in no way intended to restrict those rights.
Changes
We may make changes to these Terms (including any additional Pulse AI terms and
conditions incorporated by reference herein) from time to time by notifying you of such
changes by any reasonable means, including by posting the revised Terms on the
applicable Pulse AI Service (provided that, for material changes, we will seek to
supplement such notice by email, an in-service pop-up message, or other prominent
notice within the Pulse AI Service, or other means). Your use of the Pulse AI Service
following any changes to these Terms will constitute your acceptance of such changes.
Premium Subscribers who do not wish to continue using the Pulse AI Service under the
updated Terms must close their Pulse AI account prior to their renewal date or thirty
(30) days after the Effective Date, whichever occurs first. If Pulse AI makes any material
change to the Arbitration Agreement (other than a change to the notice address), you
may reject any such change by sending us a personally signed, written notice of your
decision to opt out of those changes via email to support@pulsense.com
. This opt-out notice must be sent within thirty (30) days of when we notify users of the
change and include: (1) your name, address, email address associated with your Pulse
AI account, phone number, and Pulse AI username. Such an opt-out must be sent by
you personally from your personal email address, and not by your agent, attorney, or
anyone else purporting to act on your behalf. The opt-out notice also must include a
statement that you wish to reject the change to the Arbitration Agreement. Opting out of
a material change to the Arbitration Agreement is not an opt-out of arbitration
altogether. Even if you opt out of a material change to the Arbitration Agreement, you
and Pulse AI agree that any Dispute will be determined by binding individual (not class)
arbitration in accordance with the Arbitration Agreement in effect immediately before
any such opt-out.
Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you
and Pulse AI, these Terms constitute all the terms and conditions agreed upon between
you and Pulse AI and supersede any prior agreements in relation to the subject matter
of these Terms, whether written or oral. As noted above, other terms and conditions
governing use of the Pulse AI Service are incorporated herein by reference.
Severability and waiver
Unless as otherwise stated in these Terms, should any provision of these Terms be
held invalid or unenforceable for any reason or to any extent, the remaining provisions
of these Terms will not be affected, and the application of that provision shall be
enforced to the extent permitted by law.
Any failure by Pulse AI or any third-party beneficiary to enforce these Terms or any
provision thereof shall not waive Pulse AI 's or the applicable third-party beneficiary's
right to do so.
Assignment
Pulse AI may assign any or all of these Terms, and may assign or delegate, in whole or
in part, any of its rights or obligations under these Terms. You may not assign these
Terms, in whole or in part, nor transfer or sublicense your rights under these Terms to
any third party.