Terms & Conditions
User Agreement
Effective Date: November 27, 2024
Introduction
Welcome to PulseIQ! These Terms and Conditions ("Terms", "Agreement") govern your access to and use of the PulseIQ mobile application ("App", "Service") and related services provided by PulseIQ ("we", "us", "our").
By downloading, installing, accessing, or using PulseIQ, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.
1. Acceptance of Terms
By creating an account or using PulseIQ, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all users of the App, including individual users, team members, and administrators.
2. Eligibility
You must be at least 18 years of age or the age of legal majority in your jurisdiction to use PulseIQ. By using the App, you represent and warrant that you meet these eligibility requirements and have the legal authority to enter into this Agreement.
If you are using PulseIQ on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
3. Account Registration and Security
3.1 Account Creation
To access certain features of PulseIQ, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized access or security breach. We are not liable for any loss or damage arising from your failure to protect your account information.
3.3 Account Termination
We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activities.
4. License Grant and Restrictions
4.1 License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use PulseIQ on devices you own or control for your personal or internal business purposes.
4.2 Restrictions
You agree not to:
- Modify, adapt, translate, reverse engineer, decompile, or disassemble the App
- Create derivative works based on the App
- Remove, alter, or obscure any proprietary notices on the App
- Use the App for any illegal or unauthorized purpose
- Interfere with or disrupt the App's functionality, servers, or networks
- Attempt to gain unauthorized access to any systems or data
- Use the App to transmit viruses, malware, or harmful code
- Violate any applicable laws, regulations, or third-party rights
- Use automated systems or bots to access the App
- Resell, rent, lease, or sublicense access to the App
5. Description of Services
PulseIQ is a construction management application that provides time tracking, task management, project organization, session logging, and location verification features. The App enables users to:
- Track time across single or multiple tasks simultaneously
- Manage tasks and organize them within projects
- Clock in and clock out of work sessions with location verification
- View complete history of check-ins, checkouts, and time logs
- Access user profile and active session information
- View location data on maps for work site verification
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.
6. Location Services and Data Collection
6.1 Location Data
PulseIQ collects your GPS location data only when you clock in or clock out of a work session. We do not track your location continuously or in the background. Location data is used solely for work site verification and session logging purposes.
6.2 Location Permissions
You must grant location permissions to use time tracking features. You may revoke these permissions at any time through your device settings, but this may limit the functionality of the App.
6.3 Data Usage
Location data is stored securely and associated with your work sessions. This information may be visible to project administrators or team managers within your organization. For more information about how we collect, use, and protect your data, please review our Privacy Policy.
7. Time Tracking and Session Management
7.1 Internet Connection Required
An active internet connection is required to clock in and clock out of work sessions. Once clocked in, you may close the App and your session will remain active until you clock out. You are responsible for any mobile data charges incurred while using the App.
7.2 Accurate Time Recording
You are responsible for accurately recording your work time by clocking in and out appropriately. You should regularly review your time logs for accuracy and report any discrepancies to your administrator or our support team.
7.3 Auto-Clockout Feature
PulseIQ includes an automatic clockout feature to prevent forgotten active sessions. This feature is provided as a convenience and may be configured by your organization. You should not rely solely on auto-clockout and should manually clock out when your work session ends.
7.4 No Warranty of Accuracy
While we strive to provide accurate time tracking, we do not guarantee absolute precision. We are not responsible for payroll disputes, billing errors, or other issues arising from time tracking inaccuracies. You should maintain independent records as needed.
8. User Content and Data
8.1 Your Content
You retain ownership of all data, information, and content you submit through PulseIQ ("User Content"), including task details, project information, notes, and time logs.
8.2 License to Use Your Content
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, display, and transmit your User Content solely to provide and improve the Services. This license terminates when you delete your content or account, except where content has been shared with others or as required by law.
8.3 Content Responsibility
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent that you have all necessary rights to submit User Content and that it does not violate any laws or third-party rights.
8.4 Data Backup
While we implement backup procedures, you are responsible for maintaining your own backups of important data. We are not liable for any loss or corruption of User Content.
9. Payment Terms and Subscriptions
9.1 Pricing
PulseIQ may offer both free and paid subscription plans. Pricing and features are subject to change with reasonable notice. Current pricing is available in the App or on our website.
9.2 Payment Processing
Payments are processed through Apple App Store or other authorized payment processors. You agree to pay all fees associated with your subscription according to the pricing and billing terms in effect at the time.
9.3 Auto-Renewal
Subscriptions automatically renew unless you cancel before the renewal date. You may cancel through your App Store account settings or as otherwise specified in the App.
9.4 Refunds
Refunds are handled according to App Store policies or our refund policy. Generally, payments are non-refundable except as required by law or at our sole discretion.
9.5 Free Trial
We may offer free trials for certain subscription plans. If you do not cancel before the trial ends, you will be charged for the subscription. Trial eligibility may be limited to one per user.
10. Intellectual Property Rights
10.1 Our Intellectual Property
PulseIQ and all related content, features, functionality, design, logos, trademarks, and service marks are owned by us and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
10.2 Trademarks
"PulseIQ," the PulseIQ logo, and related marks are our trademarks. You may not use these marks without our prior written permission. All other trademarks, service marks, and logos used in the App belong to their respective owners.
10.3 Feedback
If you provide feedback, suggestions, or ideas about PulseIQ, you grant us a perpetual, worldwide, royalty-free license to use, modify, and incorporate such feedback without compensation or attribution to you.
11. Third-Party Services and Links
PulseIQ may integrate with or contain links to third-party services, websites, or applications. We do not control, endorse, or assume responsibility for any third-party services. Your use of third-party services is governed by their respective terms and conditions. We are not liable for any damage or loss related to your use of third-party services.
12. Disclaimers and Warranties
12.1 "As Is" Provision
PULSEIQ IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
12.2 No Warranty
WE DO NOT WARRANT THAT: (A) THE APP WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES; (B) THE APP WILL MEET YOUR REQUIREMENTS; (C) ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR (D) THE RESULTS OBTAINED FROM USE OF THE APP WILL BE ACCURATE OR RELIABLE.
12.3 Assumption of Risk
Your use of PulseIQ is at your sole risk. You assume full responsibility for implementing appropriate procedures for data backup, security, and disaster recovery.
13. Limitation of Liability
13.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR USE OR INABILITY TO USE THE APP; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (C) ANY CONDUCT OR CONTENT OF THIRD PARTIES; OR (D) ANY OTHER MATTER RELATING TO THE APP.
13.2 Liability Cap
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE APP SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) $100 USD.
13.3 Basis of the Bargain
The limitations in this section reflect the allocation of risk between the parties. These limitations will apply even if any limited remedy fails of its essential purpose.
14. Indemnification
You agree to indemnify, defend, and hold harmless PulseIQ, its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the App; (b) your violation of these Terms; (c) your User Content; (d) your violation of any rights of another party; or (e) your violation of any applicable laws or regulations.
15. Term and Termination
15.1 Term
These Terms commence when you first access or use PulseIQ and continue until terminated in accordance with this section.
15.2 Termination by You
You may terminate your account at any time by deleting the App from your device and ceasing all use of the Service. You may also request account deletion through the App settings or by contacting support.
15.3 Termination by Us
We may suspend or terminate your access to PulseIQ immediately, without prior notice, for any reason, including if we believe you have violated these Terms, engaged in fraudulent activities, or if required by law.
15.4 Effect of Termination
Upon termination, your license to use PulseIQ immediately ceases. We may delete your account and User Content. Provisions regarding intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution survive termination.
15.5 No Refunds
If your account is terminated for violating these Terms, you will not receive a refund for any unused subscription period.
16. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms in the App or via email. The "Effective Date" at the top of these Terms indicates when they were last updated. Your continued use of PulseIQ after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the App.
17. Dispute Resolution and Governing Law
17.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.
17.2 Informal Resolution
Before filing a claim, you agree to contact us at support@pulseiq.app to attempt to resolve the dispute informally. We will attempt to resolve disputes through good faith negotiation.
17.3 Arbitration Agreement
Any dispute, controversy, or claim arising out of or relating to these Terms or the App shall be finally resolved by binding arbitration, except that either party may bring an action in small claims court. The arbitration shall be conducted in accordance with the rules of a recognized arbitration organization. You and we each waive the right to a trial by jury or to participate in a class action.
17.4 Exceptions
Either party may seek equitable relief in court to protect intellectual property rights or enforce confidentiality obligations.
18. Apple App Store Specific Terms
If you access PulseIQ through the Apple App Store, the following additional terms apply:
- These Terms are between you and PulseIQ only, not with Apple. Apple is not responsible for the App or its content.
- Apple has no obligation to provide maintenance or support services for the App.
- In the event of any failure of the App to conform to applicable warranty, you may notify Apple for a refund. Apple has no other warranty obligation with respect to the App.
- Apple is not responsible for addressing any claims by you or third parties relating to the App or your use of it.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and will have the right to enforce them.
- You represent that you are not located in a country subject to U.S. Government embargo or designated as a "terrorist supporting" country.
19. General Provisions
19.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding PulseIQ and supersede all prior agreements and understandings.
19.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to reflect the parties' intent as closely as possible.
19.3 No Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless in writing.
19.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.
19.5 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, natural disasters, or network failures.
19.6 Headings
Section headings are for convenience only and do not affect the interpretation of these Terms.
19.7 Electronic Communications
You consent to receive communications from us electronically. We may communicate with you by email or by posting notices in the App. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
19.8 Export Compliance
You agree to comply with all applicable export and import laws and regulations. You may not use or export PulseIQ except as authorized by U.S. law and the laws of the jurisdiction where you obtained it.
20. Contact Information
If you have any questions, concerns, or feedback regarding these Terms or PulseIQ, please contact us:
Email: support@projectpulseiq.com
Legal: legal@projectpulseiq.com
Support: support@projectpulseiq.com
Website: www.projectpulseiq.com
BY DOWNLOADING, INSTALLING, OR USING PULSEIQ, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Please print or save a copy of these Terms for your records.