Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Employee Pulse Hub platform, including any related websites, web applications, mobile applications, and services (collectively, the "Service") operated by Employee Pulse Hub ("we," "us," or "our").

By registering for, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are entering into these Terms on behalf of a company or organization, you represent that you have the authority to bind that entity, and "Customer" refers to that entity.

If you do not agree to these Terms, you must not access or use the Service.

You must be at least 18 years of age and able to form a legally binding contract to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

• Notify us promptly of any unauthorized use or security breach of your account.
• You are responsible for the accuracy of the information you provide during registration and ongoing use.
• Each user within a Customer organization is issued credentials by that Customer's administrators; Customer is responsible for managing user access and revoking access when no longer appropriate.

You agree not to, and not to permit others to, use the Service to:

• Violate any applicable law, regulation, or third-party right;
• Infringe the intellectual property, privacy, or other rights of any person;
• Upload, store, or transmit any content that is unlawful, harmful, defamatory, harassing, or otherwise objectionable;
• Interfere with, disrupt, or reverse-engineer the Service, its security, or its infrastructure;
• Attempt to gain unauthorized access to any portion of the Service, other accounts, or the systems or networks on which the Service is hosted;
• Use the Service to store or process data in violation of applicable employment, data protection, or whistleblower-protection laws.

Because the Service supports anonymous reporting (e.g., harassment or ethics concerns), Customer agrees to maintain the anonymity and confidentiality protections the Service provides and not to attempt to deanonymize reporters.

"Customer Data" means all data, including employee information, support tickets, notes, attachments, and reports, that you or your users submit to the Service. You retain all right, title, and interest in your Customer Data.

• You are solely responsible for the accuracy, lawfulness, and appropriateness of Customer Data, and for obtaining any consents required to process it (including employee and applicant data).
• You grant us a limited license to access, host, and process Customer Data solely as necessary to operate and improve the Service for you.
• We will not access or use Customer Data except as described in these Terms and our Privacy Policy, or as required by law.

Given the sensitive nature of HR data, you are responsible for configuring the Service's role-based access controls appropriately and limiting access within your organization.

Paid plans are offered on a recurring subscription basis. By selecting a paid plan, you agree to pay all applicable fees for the billing period you select (monthly or annually).

• Fees are billed in advance and are non-refundable except where required by law or expressly stated in these Terms.
• We may change our fees upon reasonable notice; fee changes take effect at the start of your next billing cycle after notice.
• Subscription plans may be subject to seat limits and usage allowances as described on your order or plan page; exceeding such limits may incur additional charges.
• If you exceed the seat limit of your plan, you are responsible for the corresponding overage fees or for reducing your usage.

Unless this is explicitly agreed in a separate agreement, this is a self-service subscription and there is no custom SLA beyond what is described in these Terms.

We may offer a free or limited trial of the Service for evaluation purposes. Trial access may be limited in features, seats, or duration and may be terminated by us at any time.

Trial terms are provided at sign-up and may differ from paid plan terms. Any Customer Data added during a trial may be deleted when the trial ends unless you convert to a paid plan.

Payments are processed by third-party payment providers (e.g., Stripe or the platform's payment provider). We do not store your full card numbers. Your use of payment processing is also subject to the terms of the applicable payment provider.

You authorize us and our payment providers to charge the payment method you provide for all fees due. If a charge fails, we may suspend access to the Service until payment is resolved.

The Service, including its software, design, text, branding, and features, is owned by us and is protected by intellectual property laws. These Terms do not grant you any right to use our branding or trademarks except as expressly permitted.

We retain all feedback you provide and may use it without restriction to improve the Service.

Each party agrees to keep the other party's confidential information confidential, including non-public pricing, product roadmap, and security information, and to use it only to exercise rights under these Terms. This obligation survives termination.

We strive to maintain high availability but do not guarantee uninterrupted access. Scheduled maintenance, network issues, and events beyond our control may cause downtime. We will use reasonable efforts to provide notice of scheduled maintenance.

Support availability and response targets depend on your plan. Unless a separate SLA applies, support is provided on a commercially reasonable basis during posted business hours.

We process Customer Data as a service provider on your behalf. Our use and handling of personal data is described in our Privacy Policy, which is incorporated into these Terms.

• For Customers subject to the GDPR or similar laws, we act as a processor of personal data you upload, and you are the controller responsible for your lawful basis and notices to data subjects.
• We will process Customer Data only per your documented instructions (as set by the Service configuration) and these Terms, and will assist reasonably with data subject requests and security obligations.
• A Data Processing Addendum (DPA) is available upon request for Customers who require one to meet compliance obligations.

We implement industry-standard technical and organizational measures designed to protect Customer Data, including encryption in transit and at rest, access controls, and monitoring. However, no system is perfectly secure, and we cannot guarantee absolute security.

You are responsible for configuring your access permissions appropriately and for protecting your own account credentials.

The Service is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be error-free, uninterrupted, or that it will meet your specific requirements, or that defects will be corrected. You use the Service at your own risk.

The Service is not a substitute for professional legal, HR, or compliance advice. We are not your legal advisor or employer-of-record.

To the fullest extent permitted by law, in no event will we be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or business, arising out of or related to the Service.

Our total aggregate liability for all claims arising from or related to these Terms or the Service will not exceed the amount you paid us in the twelve (12) months preceding the event giving rise to the liability, or, if no fees were paid, USD $100.

These limitations apply even if we have been advised of the possibility of such damages.

You agree to indemnify and hold us harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from: (a) your Customer Data; (b) your violation of these Terms or applicable law; or (c) your violation of third-party rights, including employee privacy rights.

We will defend you against third-party claims that the Service infringes intellectual property rights, subject to the limitations in Section 14, and will pay damages awarded, provided you promptly notify us and cooperate in the defense.

You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period and no further fees are charged.

We may suspend or terminate your access if: (a) you breach these Terms; (b) you fail to pay fees; or (c) your use poses a risk to the Service or others. We may also terminate or modify the Service with reasonable notice.

Upon termination, you may export your Customer Data for a limited period. After that period, we may delete Customer Data in accordance with our retention policy.

We may update these Terms from time to time. For material changes, we will provide notice (e.g., via email or in-app). Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

We may also modify or discontinue features of the Service with reasonable notice. We are not liable for any such modifications.

These Terms are governed by the laws of the jurisdiction in which Employee Pulse Hub is organized, without regard to conflict-of-law principles. Any disputes will be resolved in the courts located there, unless your local mandatory consumer-protection law requires otherwise.

Before litigation, the parties agree to attempt good-faith resolution of any dispute. Where permitted, informal arbitration may be required.

You agree to comply with all applicable export control, sanctions, and trade laws. You will not use the Service in a manner that violates such laws or with any restricted parties.

• Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement regarding the Service.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• No Waiver: Failure to enforce any right does not waive that right.
• Assignment: You may not assign these Terms without our consent; we may assign them freely.
• Notices: We may provide notices by email or in-app.
• Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control.

Questions about these Terms? Contact us at the email provided on the Service or through your account.