Agreement to terms.
These Terms of Service ("Terms") govern your use of services provided by Pulseforge LLC ("Pulseforge," "we," "us," or "our") and the website at gopulseforge.com ("Site"). By engaging Pulseforge as a client, submitting our contact form, or otherwise using the Site, you agree to these Terms.
If you're entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you don't have that authority, or if you don't agree to these Terms, please don't use our services.
Definitions.
- "Client" means the individual or entity that engages Pulseforge for services under a signed Letter of Authorization, statement of work, or other written agreement.
- "Services" means the lead generation, outreach, content publishing, voice setting, reporting, and related agency services we provide.
- "Platform" means the software system, including our multi-agent infrastructure, hosted at gopulseforge.com and its subdomains.
- "Client Data" means all information, content, and materials a Client provides to us or that we access on a Client's behalf, including third-party account access (Google, email, social media, etc.).
- "Prospects" means businesses or individuals identified through our Platform as potential customers for a Client.
Our services.
Pulseforge provides marketing and outbound automation services delivered through a multi-agent software platform. Specific services for each Client are defined in their engagement letter and may include any combination of:
- Prospect identification and lead generation
- Cold and warm email outreach sequences
- Social media content publishing
- Google Business Profile monitoring and posting (subject to API access)
- Voice setter calls via third-party providers
- Customer relationship management
- Daily and weekly reporting
- Custom website design and development
We may modify, add, or discontinue features of the Platform at any time, including in response to changes in third-party APIs we depend on. Material changes affecting active Clients will be communicated with reasonable notice.
Client responsibilities.
As a Client, you agree to:
- Provide accurate information about your business, target market, and Ideal Customer Profile
- Maintain accurate billing and contact information
- Comply with all applicable laws governing your business, including any industry-specific regulations
- Not direct us to perform any activity that violates applicable law, including but not limited to: the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), GDPR, CCPA, or any anti-spam or anti-fraud regulation
- Not request that we contact prospects in industries or jurisdictions where outbound marketing is prohibited
- Promptly review and act on the warm lead notifications, replies, and reports we deliver
- Maintain ownership and good standing of any third-party accounts (Google, email, social) you authorize us to access
Authorization for third-party access.
Many Pulseforge services require us to access third-party accounts on your behalf — Google Business Profile, Gmail, social media platforms, payment processors, and others. By granting us this access (typically via OAuth), you authorize us to take the specific actions necessary to deliver the services in your engagement letter, including:
- Reading data from those accounts to monitor, report, and respond on your behalf
- Posting, publishing, or sending communications from those accounts as agreed
- Modifying account settings only where explicitly authorized
You may revoke our access to any third-party account at any time through that service's account settings. Revoking access may limit or terminate the services we can provide for the affected account. We will notify you if a revocation impacts your engagement.
Payment, fees, and renewals.
Fee structure
Fees for services are set forth in your engagement letter or on our published pricing page at gopulseforge.com/pricing. Pulseforge offers monthly recurring service tiers (Starter, Growth, Pro) and custom Enterprise arrangements.
Billing
Monthly fees are billed in advance on the date of engagement or the renewal anniversary. Payments are processed through Stripe and are non-refundable except as expressly provided in these Terms or your engagement letter. We may pause services for any account more than seven days past due, with notice.
Renewals and changes
Engagements renew automatically on a month-to-month basis unless either party provides written notice of non-renewal at least seven days before the next billing date. Fee changes for existing Clients will be communicated at least thirty days before taking effect.
Free trials and founding-client pricing
Some Clients may receive free trial periods or founding-client discounted pricing as expressly set forth in their engagement letter. Trial terms and discount durations are documented per-Client and supersede the published pricing for the term specified.
Intellectual property.
Pulseforge IP
The Platform, including our agent software, data models, workflows, reporting systems, and all related code and infrastructure, is and remains the property of Pulseforge. Engaging us as a Client does not transfer any ownership of these assets to the Client. Client receives a non-exclusive, non-transferable license to use the Platform for the duration of the engagement.
Client content
Client retains all rights to Client Data and to content provided by the Client (logos, brand assets, customer lists, and similar). Client grants Pulseforge a limited, non-exclusive license to use Client content solely to deliver the Services. Pulseforge will not use Client content for marketing or promotional purposes without written permission.
Deliverables
Custom deliverables created for a Client — websites, written content, sequences, branded assets — become the Client's property upon full payment, except for any underlying Pulseforge IP, third-party assets, and reusable components which remain ours.
Case studies and portfolio use
We reserve the right to identify Clients by name and describe our work for them in case studies, marketing materials, and portfolio presentations, including aggregated performance metrics. Clients may opt out of public identification by providing written notice. We will not disclose proprietary Client information, customer lists, or financial details in public materials.
Confidentiality.
Each party may receive information from the other that is confidential or proprietary. We agree to: (a) use such information only as needed to perform under these Terms, (b) protect it with at least the same degree of care we use for our own confidential information, and (c) not disclose it to third parties except to our service providers under equivalent confidentiality obligations, or as required by law.
Confidentiality obligations survive termination of the engagement for a period of three years.
Data and privacy.
Our handling of personal information, including data accessed through Google APIs and other third-party services, is described in our Privacy Policy, which is incorporated into these Terms by reference. By engaging Pulseforge, you acknowledge and agree to our Privacy Policy and authorize us to handle data on your behalf in accordance with it.
Warranties and disclaimers.
We will perform Services with reasonable skill and care consistent with prevailing industry standards. We do not guarantee any specific outcome — including but not limited to a specific number of leads, replies, meetings, customers, or revenue — because these depend on many factors outside our control, including your offering, your market, and the quality of your follow-up.
Except as expressly set forth in these Terms, the Services are 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, or non-infringement.
Limitation of liability.
To the maximum extent permitted by law, Pulseforge's total cumulative liability arising out of or relating to these Terms or the Services will not exceed the total fees paid by the Client to Pulseforge in the three months immediately preceding the event giving rise to the claim.
In no event will Pulseforge be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost business opportunities, or loss of data, even if we have been advised of the possibility of such damages.
These limitations apply regardless of the legal theory of the claim — contract, tort, strict liability, or otherwise — and apply to the maximum extent permitted by law. Some jurisdictions don't allow certain limitations, in which case those limitations apply to the extent permitted.
Indemnification.
Client agrees to indemnify, defend, and hold harmless Pulseforge, its officers, employees, and contractors from any third-party claims, damages, losses, or expenses (including reasonable attorney fees) arising out of:
- Client's violation of these Terms
- Client's violation of applicable law, including anti-spam, telecommunications, or data protection laws
- Inaccurate or misleading information Client provided about their business or offering
- Client content we distributed on Client's behalf that infringes a third party's rights
- Client's misuse of any deliverable or output from the Services
Termination.
By Client
Client may terminate the engagement at any time by providing at least seven days' written notice before the next billing date. Termination takes effect at the end of the current billing period. Fees paid for the current period are not refundable.
By Pulseforge
We may terminate or suspend an engagement with notice if Client (a) materially breaches these Terms, (b) is more than thirty days past due on payment, (c) requests services that would violate applicable law, or (d) takes any action that damages the reputation or operational integrity of Pulseforge or our other Clients.
Effect of termination
Upon termination, we will: (a) stop performing Services, (b) revoke our access to Client's third-party accounts, (c) provide a final report of work performed and any deliverables paid for, and (d) delete Client Data in accordance with our Privacy Policy, typically within thirty days.
Provisions of these Terms that by their nature should survive termination — including Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, and Governing Law — will survive.
Changes to these terms.
We may modify these Terms from time to time. Material changes will be communicated to active Clients at least thirty days before they take effect, either by email or through the Platform. Continued use of the Services after the effective date constitutes acceptance of the modified Terms. If you don't agree to a modification, your remedy is to terminate the engagement under the Termination section above.
Governing law and disputes.
These Terms are governed by the laws of the State of New Hampshire, United States, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services will be resolved as follows:
- Informal resolution. Before filing any formal action, the parties agree to attempt good-faith resolution by email or telephone for at least thirty days.
- Venue. If informal resolution fails, any action must be brought exclusively in the state or federal courts located in Hillsborough County, New Hampshire. Each party consents to personal jurisdiction in those courts.
- Class action waiver. To the maximum extent permitted by law, each party waives any right to bring or participate in a class action against the other.
- Attorney fees. The prevailing party in any dispute is entitled to reasonable attorney fees and costs.
Miscellaneous.
Entire agreement
These Terms, together with the Client's engagement letter and our Privacy Policy, constitute the entire agreement between the parties regarding the subject matter and supersede any prior agreements or understandings.
Severability
If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
No waiver
Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later or to enforce any other provision.
Assignment
Client may not assign these Terms without our prior written consent. Pulseforge may assign these Terms to a successor in connection with a merger, acquisition, or sale of assets, with notice to Client.
Force majeure
Neither party is liable for delays or failures in performance caused by events beyond reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, internet or telecommunications failures, third-party service outages, or government action.
Independent contractors
Pulseforge and Client are independent contractors. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship. Neither party may bind the other or hold itself out as the other's agent.
Notices
Legal notices to Pulseforge should be sent to jacob@gopulseforge.com. Notices to Client will be sent to the primary email address on the Client's account. Notices are effective when delivered.
Contact.
Questions about these Terms?
Pulseforge LLC
Manchester, New Hampshire
jacob@gopulseforge.com