PULSE FLOW Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and 1111 Development ("Pulse Flow," "we," "us," or "our") governing your access to and use of the Pulse Flow platform, including the website at thepulseflow.com and our iOS and Android applications (collectively, the "Platform").

By creating an account, accessing, or using the Platform in any manner, you represent that: (a) you have read, understood, and agree to be bound by these Terms and our Privacy Policy; (b) you have the legal authority to enter into this agreement on behalf of yourself or the organization you represent; and (c) you are at least 18 years of age. If you do not agree to these Terms, you must immediately cease using the Platform.

These Terms apply to all users of the Platform, including account administrators, staff members, and any other persons granted access under a Pulse Flow account.

2. Service Description and AI Usage

2.1 Platform Overview

Pulse Flow provides a real-time voice synchronization and AI-driven task management platform designed for professional event and field operations. The Platform enables teams to coordinate using push-to-talk (PTT) voice communication, AI-assisted task automation, and real-time operational dashboards.

2.2 Charlie AI Assistant

The Platform includes an artificial intelligence agent called "Charlie" that processes voice conversations to automate business logic, assign tasks, generate operational summaries, and provide other AI-driven features. By using the Platform, you acknowledge and agree to the following:

• Probabilistic Outputs: Charlie’s outputs—including task assignments, alerts, and summaries—are generated by probabilistic AI models and are not guaranteed to be accurate, complete, or error-free.
• Human Verification Required: All AI-generated tasks, alerts, and decisions should be reviewed and verified by a qualified human manager before being acted upon. Pulse Flow shall not be liable for any loss, harm, or operational failure arising from unverified reliance on AI-generated outputs.
• No Professional Advice: Nothing generated by Charlie constitutes legal, medical, financial, safety, or other professional advice.
• AI Improvement: We may use aggregated, de-identified operational data to improve the accuracy and performance of the Platform’s AI features. We will not use your identifiable voice data to train third-party AI models, as described in our Privacy Policy.

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any feature or aspect of the Platform at any time, with or without notice. We will use reasonable efforts to provide advance notice of material changes that affect paid subscribers.

3. Eligibility and Account Registration

3.1 Eligibility

The Platform is intended for professional use by individuals and organizations. You must be at least 18 years of age and legally capable of entering binding contracts. Use of the Platform for personal, household, or consumer purposes is not permitted.

3.2 Account Registration

To access the Platform, you must register for an account and provide accurate, current, and complete information. You agree to:

• Maintain and promptly update your account information to keep it accurate and current.
• Safeguard your login credentials and not share them with unauthorized individuals.
• Notify us immediately at info@1111development.com if you suspect any unauthorized access to or use of your account.
• Accept responsibility for all activities that occur under your account, whether or not authorized by you.

Pulse Flow reserves the right to suspend or terminate any account where registration information is found to be false, inaccurate, or incomplete.

3.3 Organizational Accounts

If you are registering on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms. All references to "you" in these Terms apply to both you as an individual and the organization on whose behalf you act.

4. Subscription Plans, Credits, and Billing

4.1 Plan Tiers

Pulse Flow offers Free, Startup, Business, and Enterprise subscription plans. Each plan includes defined entitlements regarding the number of seats, voice channels, and monthly credit allocations. Detailed plan features and pricing are published on the Site and are subject to change with reasonable prior notice.

4.2 Credit Economy

• Credit System: AI features including Speech-to-Text (STT), Text-to-Speech (TTS), and AI Processing are powered by a platform credit system. The applicable credit exchange rate is published on the Site and is currently set at 1 USD = 10 Credits. We reserve the right to adjust this rate with reasonable prior notice.
• Credit Expiry: Credits purchased as part of a subscription cycle expire at the end of that billing cycle unless otherwise specified. Credit Packs purchased separately may carry different expiry terms as disclosed at the time of purchase.
• No Cash Value: Credits have no monetary value and are non-transferable. Credits may not be sold, exchanged, or redeemed for cash.

4.3 Billing and Payment

• Subscriptions are billed in advance on a monthly or annual basis, as selected at the time of purchase.
• All fees are exclusive of applicable taxes. You are responsible for all taxes imposed on your use of the Platform under applicable law.
• Payments are processed by Stripe, Inc. By providing payment information, you authorize Pulse Flow to charge your selected payment method for all applicable fees.
• If your payment fails, we may suspend access to the Platform until outstanding amounts are settled. We will attempt to notify you before suspension.

4.4 Fair Use

Free plan usage is subject to reasonable operational limits. We reserve the right to throttle, restrict, or suspend accounts that exhibit usage patterns inconsistent with normal operations or that place disproportionate demand on shared infrastructure. We will use reasonable efforts to notify you before taking such action.

4.5 Price Changes

We reserve the right to modify subscription pricing. For existing subscribers, price changes will take effect at the start of the next billing cycle following at least 30 days’ advance notice. Continued use of the Platform after a price change constitutes acceptance of the new pricing.

5. Cancellation and Refund Policy

5.1 Cancellation

You may cancel your subscription at any time through the Customer Portal within your account settings. Upon cancellation, your access to paid features will continue until the end of the current billing cycle. No prorated refunds are issued for the unused portion of any billing period.

5.2 Refund Policy

Due to the real-time nature of our AI processing infrastructure and the immediate consumption of credits upon use, all subscription fees and Credit Pack purchases are generally non-refundable.

Exception: We may, at our sole discretion, issue a full or partial refund in cases of verified technical failure on our part that rendered the Platform substantially unusable, or where required by applicable consumer protection law. To request a refund under this exception, contact info@1111development.com within 14 days of the charge in question.

5.3 Account Termination by Pulse Flow

We reserve the right to suspend or terminate your account and access to the Platform immediately if you violate these Terms, engage in fraudulent activity, or pose a risk to the security or integrity of the Platform. In the event of termination for cause, no refund will be issued for any unused subscription period or credits.

6. Service Levels and Availability

6.1 Uptime Target

Pulse Flow targets maximum Platform availability but does not warrant any specific uptime percentage. Scheduled maintenance windows will be announced in advance where practicable and are excluded from any downtime calculations.

6.2 Downtime Credits

In the event of an unplanned, continuous service outage lasting more than 15 minutes:

• Eligibility: Users confirmed as actively engaged with the Platform during the affected window will be eligible for Service Credits.
• Credit Calculation: Service Credits will be issued to the eligible account’s credit wallet in an amount proportionate to the duration of the confirmed downtime, as determined by Pulse Flow.
• Claim Process: To request a credit, you must submit a written request to info@1111development.com within 7 days of the outage. Requests submitted after this period will not be considered.
• Exclusive Remedy: Service Credits are the sole and exclusive remedy for any service interruption or availability failure. Pulse Flow shall have no additional liability for outages, whether arising in contract, tort, or otherwise.

6.3 Force Majeure

Pulse Flow shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, cyberattacks, government actions, internet or telecommunications failures, or third-party service provider outages.

7. Data, Portability, and Retention

7.1 Data Export

Account administrators may export their operational data—including tasks, logs, and transcripts—at the Event Level through the web dashboard. Pulse Flow does not guarantee the availability of export tools indefinitely and recommends that you maintain your own copies of critical data.

7.2 Post-Deletion Retention

Upon account deletion, your operational data will be retained in a production-ready state for a period of one (1) year to facilitate account recovery upon written request. After this period, data will be migrated to a secure cold archive and retained for an additional period as required by applicable law or our standard data retention schedule, after which it will be permanently deleted.

7.3 Audio Retention

Raw audio recordings are automatically and permanently deleted after 30 days (Free Plan accounts) or 90 days (Paid Plan accounts) from the date of recording, regardless of account status. Voice transcripts generated from those recordings are retained separately and are subject to the retention terms in our Privacy Policy.

7.4 Data Ownership

You retain all ownership rights to the operational data, voice recordings, and transcripts you generate through the Platform. By using the Platform, you grant Pulse Flow a limited, non-exclusive, royalty-free license to process, store, and transmit your data solely as necessary to provide the Platform services.

8. User Responsibilities and Acceptable Use

8.1 Hardware and Connectivity

You are solely responsible for providing and maintaining the mobile devices, internet connectivity, and compatible hardware (including Bluetooth PTT headsets and any other peripheral equipment) required to access and use the Platform. Pulse Flow is not liable for service degradation caused by inadequate hardware or connectivity on your end.

8.2 Prohibited Conduct

You agree not to use the Platform for any of the following purposes:

• Any activity that violates applicable local, national, or international law or regulation.
• Harassment, bullying, defamation, intimidation, or abuse of any individual or group.
• Transmission of highly sensitive personal information not required for event operations, including protected health information (PHI), government-issued identification numbers, financial account details, or information about minors.
• Unauthorized access to or interference with the Platform, its infrastructure, or other users’ accounts.
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code or underlying algorithms of the Platform.
• Uploading, transmitting, or distributing malware, viruses, or any other malicious or harmful code.
• Reselling, sublicensing, or providing access to the Platform to third parties without prior written authorization from Pulse Flow.
• Attempting to circumvent any usage limits, access controls, or security measures of the Platform.
• Using the Platform in any context involving life-critical systems, emergency dispatch, or situations where communication failure could result in death or serious injury (see Section 9.3).

8.3 Compliance

You are responsible for ensuring that your use of the Platform—and your instructions to your staff regarding use of the Platform—complies with all applicable laws and regulations, including those governing recording of voice communications, data protection, and employment.

8.4 Reporting Violations

If you become aware of any misuse of the Platform, unauthorized access, or other violation of these Terms, you are encouraged to report it promptly to info@1111development.com.

9. Disclaimers, Warranties, and Limitation of Liability

9.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PULSE FLOW EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, Pulse Flow does not warrant that: (a) the Platform will be uninterrupted, timely, secure, or error-free; (b) Charlie or any other AI feature will accurately interpret every voice command or produce accurate results; or (c) any errors or defects in the Platform will be corrected.

9.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PULSE FLOW, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT PULSE FLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total aggregate liability to you for any and all claims arising out of or relating to these Terms or your use of the Platform shall not exceed the total fees actually paid by you to Pulse Flow during the twelve (12) months immediately preceding the event giving rise to the claim.

Note: Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. The limitations above apply to the maximum extent permitted by applicable law.

9.3 Indemnification

You agree to defend, indemnify, and hold harmless Pulse Flow and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, penalties, losses, costs, expenses, and attorney’s fees arising out of or relating to: (a) your use or misuse of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any content or data you submit to the Platform.

10. Intellectual Property

10.1 Pulse Flow Intellectual Property

The Platform and all of its content, features, and functionality—including but not limited to software, text, graphics, logos, icons, audio clips, user interfaces, and the selection and arrangement thereof—are owned by Pulse Flow or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms transfers any intellectual property rights to you.

10.2 Limited License to Users

Subject to your compliance with these Terms, Pulse Flow grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your internal business operations during the term of your subscription.

10.3 Feedback

If you submit suggestions, ideas, or feedback regarding the Platform ("Feedback"), you grant Pulse Flow a perpetual, irrevocable, royalty-free, worldwide license to use, incorporate, and commercialize such Feedback for any purpose without compensation or attribution to you.

11. Third-Party Services and Links

The Platform may integrate with or contain links to third-party services, websites, or applications. Such integrations and links are provided for convenience only. Pulse Flow does not endorse, control, or assume responsibility for any third-party services or content. Your use of third-party services is governed by their respective terms and privacy policies. We encourage you to review those policies before use.

12. Dispute Resolution and Governing Law

12.1 Informal Resolution

Before initiating formal legal proceedings, you agree to first contact Pulse Flow at info@1111development.com and provide a written description of your dispute, including the relief you seek. We will attempt in good faith to resolve the dispute informally within 30 days of receiving your notice.

12.2 Governing Law

These Terms and any dispute arising from or related to them shall be governed by and construed in accordance with the laws of the State of Oregon, United States of America, without regard to its conflict of laws principles.

12.3 Jurisdiction and Venue

Subject to Section 12.4, any legal action or proceeding arising under or related to these Terms shall be brought exclusively in the state or federal courts located in Deschutes County, Oregon (Bend, OR), and you hereby irrevocably submit to the personal jurisdiction and venue of such courts.

12.4 Waiver of Class Action

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this waiver is found unenforceable, the entire dispute resolution provision may be deemed void.

12.5 Limitation Period

Any claim or cause of action arising out of or related to your use of the Platform or these Terms must be filed within one (1) year after the claim arose. Claims filed after this period are permanently barred.

13. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any supplemental agreements or order forms, constitute the entire agreement between you and Pulse Flow regarding your use of the Platform and supersede all prior agreements and understandings.
• Amendments: We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by posting the updated Terms on the Site and updating the "Last Updated" date. For significant changes, we will provide at least 14 days’ advance notice by email. Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms.
• Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Pulse Flow may freely assign these Terms in connection with a merger, acquisition, or sale of assets.
• No Agency: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Pulse Flow.
• Notices: Notices from Pulse Flow to you will be sent to the email address associated with your account. Notices from you to Pulse Flow must be sent in writing to info@1111development.com.
• Headings: Section headings in these Terms are for convenience only and have no legal or contractual effect.

14. Contact Information

For questions, concerns, or notices regarding these Terms, please contact:

Legal Notices: All formal legal notices must be sent in writing to the email address above and must include the subject line "Legal Notice – Pulse Flow Terms of Use" to ensure proper routing.