Terms of Service
Last Updated: March 9, 2026
These Terms govern your use of PROpulseFSM software and related services. By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Agreement and Definitions
“PROpulseFSM,” “we,” “us,” and “our” refer to PROpulseFSM Software Solutions. “Customer,” “you,” and “your” refer to the legal entity or individual using the Service. “Service” includes web applications, APIs, communications workflows, and related support functions provided by us.
2. Account Eligibility and Security
You represent that you have authority to bind your organization. You are responsible for safeguarding account credentials, enforcing internal user controls, and ensuring user actions in your tenant are authorized. You must notify us immediately of suspected unauthorized access.
3. Trial, Subscription, and Renewal
Trial access may be offered without requiring a credit card. Paid subscriptions renew monthly unless cancelled. Plan entitlements (users, features, support level) are governed by your selected subscription tier.
4. Fees, Billing, and No-Refund Policy
All fees are due as billed and are non-refundable except where required by law. We do not provide prorated refunds for partial billing periods, unused access, or cancelled subscriptions.
You are responsible for taxes, chargebacks, and any third-party processing fees associated with payment transactions.
5. Data Ownership, Export, and Retention Window
You retain ownership of your Customer Data. During active access and any applicable retention window, you are responsible for exporting your data using available product tools.
Critical Notice: after cancellation, termination, or suspension for non-payment, data may be permanently deleted after 30 days. Data not exported during that window may be unrecoverable.
6. Acceptable Use and Prohibited Conduct
You agree not to misuse the Service, including attempting unauthorized access, security testing without permission, distributing malicious code, violating applicable law, infringing intellectual property rights, or using the Service to transmit unlawful, deceptive, or abusive communications.
7. Communications Compliance Responsibilities
You are responsible for obtaining legally required customer consent for SMS, email, or other outbound communication workflows. You are responsible for compliance with TCPA, CAN-SPAM, carrier policies, and local privacy regulations applicable to your jurisdiction and customer base.
8. Third-Party Services and Integrations
The Service may connect to third-party providers (for example payment processors, SMS carriers, financing providers, and email services). Your use of those services is governed by their terms. We are not responsible for third-party outages, fees, policy changes, or actions.
9. Account Enforcement and Suspension
We may suspend or restrict access for security events, legal requests, policy violations, abuse signals, billing delinquency, or other risk factors. During restricted states, tenant admin access may be limited to account recovery, billing remediation, and data export actions.
10. Service Availability and Changes
We may update, modify, or discontinue features at any time. We may perform maintenance, emergency controls, and infrastructure changes without liability for temporary interruption. You are responsible for maintaining your own business continuity procedures.
11. Intellectual Property
The Service, software, documentation, branding, and related materials are owned by us or our licensors. Your subscription grants a limited, non-exclusive, non-transferable right to use the Service during an active term.
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU TO US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
14. Indemnification
You agree to indemnify and hold us harmless from claims, damages, losses, and expenses arising from your use of the Service, your Customer Data, your communications activity, your integrations, or your violation of applicable law or these Terms.
15. Governing Law and Venue
These Terms are governed by applicable United States law and the laws of the state of company registration, excluding conflict-of-law principles. Any dispute shall be brought in courts with competent jurisdiction in that state.
16. Changes to Terms
We may revise these Terms at any time. Updated Terms are effective when posted with a revised “Last Updated” date. Continued use of the Service after updates constitutes acceptance of revised Terms.
17. Contact
For legal notices, compliance inquiries, or policy questions, use the contact methods listed on our website.