Terms of Use

1. Acceptance of terms

These Terms of Use (“Terms”) govern your access to and use of the PulseAI platform, including the AI Readiness Compass™ scoring engine, Directive™ intelligence feed, Signal Store™, AI Tool Registry, and all associated reports, dashboards, and outputs (collectively, the “Platform”), operated by PulseAI Inc. (“PulseAI”, “we”, “us”, or “our”).

By creating an account, accessing, or using the Platform, you (“you” or “User”) confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any applicable subscription or design partner agreement between PulseAI and your organisation (“your Organisation”). If you do not agree, you must not access or use the Platform.

If you are accessing the Platform on behalf of an Organisation, you represent and warrant that you have the authority to bind that Organisation to these Terms. In that case, references to “you” include both you individually and your Organisation.

2. Eligibility and accounts

2.1 Eligibility

The Platform is a business-to-business service. You must be at least 18 years of age and accessing the Platform on behalf of a validly existing Organisation to use it. PulseAI does not offer consumer-facing services.

2.2 Account registration

Access to the Platform requires an account provisioned through your Organisation’s administrator. You agree to provide accurate information during registration and to keep your credentials confidential. You are responsible for all activity under your account.

2.3 Authorised users

Your Organisation’s subscription or agreement determines the number of Authorised Users permitted. Your Organisation is responsible for ensuring that all Authorised Users comply with these Terms.

3. Platform access and licence

3.1 Licence grant

Subject to these Terms and any applicable subscription or partner agreement, PulseAI grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your Organisation’s internal business purposes.

3.2 Restrictions

You shall not:

• Sublicense, resell, or permit any third party to access the Platform.
• Reverse engineer, decompile, or attempt to extract the source code of the Platform.
• Use the Platform for any purpose that is unlawful, fraudulent, or harmful.
• Attempt to circumvent any technical limitations, rate limits, or access controls.
• Use automated tools (bots, scrapers, crawlers) to access the Platform without written permission.
• Interfere with or disrupt the integrity or performance of the Platform.
• Remove, obscure, or alter any proprietary notices or trademarks on the Platform.

4. Intellectual property

4.1 PulseAI IP

PulseAI retains all right, title, and interest in and to the Platform, including all underlying software, algorithms, the AI Readiness Compass™ scoring methodology, Directive™ intelligence engine, Signal Store™ content, benchmark models, and any derivatives thereof. The Platform and its content are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms transfers any ownership of the Platform to you.

4.2 Your data

You (or your Organisation) retain all right, title, and interest in and to the data you submit to the Platform (“Your Data”). You grant PulseAI a limited, non-exclusive licence to process Your Data solely to provide and improve the Platform services, as further described in Section 5 and our Privacy Policy.

4.3 Feedback

If you provide suggestions, comments, improvement requests, or other feedback regarding the Platform, you grant PulseAI a perpetual, irrevocable, royalty-free licence to use such feedback to improve the Platform, without obligation of attribution or compensation.

4.4 Trademarks

AI Readiness Compass™, Directive™, and Signal Store™ are trademarks of PulseAI Inc. You may not use PulseAI’s trademarks without prior written consent.

5. Data, benchmarking, and aggregation

5.1 Data classification

PulseAI classifies all data on the Platform into four tiers. Your individual assessment responses, user PII, organisation-specific use cases, Tool Registry details, and custom Compass weights are classified as Private (Tier 1) data and never leave your tenant boundary. Full details are in our Privacy Policy.

5.2 Anonymised benchmarking

Benchmarking is a core feature of the Platform, not an optional add-on. By using the Platform, you acknowledge and agree that PulseAI may derive anonymised, aggregated data from Your Data to generate industry benchmarks, improve scoring models, and enhance the Directive™ intelligence feed. This aggregation is mandatory for all standard deployments and is a fundamental condition of using the Platform.

The anonymised aggregate data:

• Contains no personally identifiable information and cannot be re-identified to any individual tenant, department, or user.
• Is subject to a minimum cohort size of five organisations and k-anonymity safeguards.
• Is used to produce COHORT benchmarks that benefit all Platform participants.
• May be used to train and improve PulseAI’s scoring models and Directive™ agents.

5.3 Dedicated deployment

Organisations requiring full data isolation may request a dedicated deployment under a separate enterprise agreement. Dedicated deployments may opt out of benchmark contribution but will receive SYNTHETIC benchmarks (licensed industry estimates) rather than COHORT benchmarks.

6. Data residency and security

During onboarding, your Organisation selects a hosting region (Canada, United States, or European Union). Your Data is hosted exclusively within the selected AWS region and will not be transferred outside that region without your Organisation’s prior written consent.

PulseAI implements and maintains commercially reasonable technical and organisational security measures to protect Your Data against unauthorised access, use, disclosure, or destruction. These include encryption at rest and in transit, tenant isolation at the database partition level, and regular security audits.

7. Availability and modifications

7.1 Availability

PulseAI endeavours to maintain reasonable availability of the Platform but does not guarantee uninterrupted or error-free service. The Platform may be subject to scheduled maintenance, upgrades, or unplanned outages.

7.2 Modifications

PulseAI reserves the right to modify, update, or discontinue features of the Platform with reasonable notice. Material changes to these Terms will be communicated via the email address associated with your account or through the Platform. Your continued use of the Platform after such changes constitutes acceptance of the revised Terms.

8. Acceptable use

You agree to use the Platform only for lawful purposes consistent with these Terms. Without limitation, you shall not:

• Upload or transmit any content that infringes the intellectual property rights of others.
• Introduce viruses, malware, or other harmful code.
• Misrepresent your identity or Organisation affiliation.
• Use the Platform to collect, store, or process personal data in violation of applicable privacy laws.
• Use benchmark data or Compass Scores in marketing materials, press releases, or public disclosures without PulseAI’s prior written consent.

9. Third-party services

The Platform may integrate with or reference third-party services (e.g., AWS infrastructure, AI model providers). PulseAI is not responsible for the availability, accuracy, or practices of any third-party service. Your use of third-party services is subject to their respective terms and policies.

10. Disclaimers

The Platform is provided “as is” and “as available.” To the maximum extent permitted by applicable law, PulseAI disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. PulseAI does not warrant that the Platform will be error-free, secure, or continuously available.

Compass Scores, benchmarks, and Directive™ recommendations are informational tools intended to support organisational decision-making. They do not constitute professional advice (legal, financial, technical, or otherwise), and PulseAI is not liable for any decisions made in reliance on Platform outputs.

11. Limitation of liability

To the maximum extent permitted by applicable law, neither PulseAI nor its officers, directors, employees, or affiliates shall be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of the Platform, even if advised of the possibility of such damages.

PulseAI’s total aggregate liability under these Terms shall not exceed the amount paid by your Organisation to PulseAI in the twelve (12) months preceding the event giving rise to the claim, or one hundred Canadian dollars (CDN $100.00), whichever is greater.

12. Indemnification

You agree to indemnify, defend, and hold harmless PulseAI and its officers, directors, employees, and affiliates from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Platform in violation of these Terms; (b) your Organisation’s breach of any applicable subscription or partner agreement; or (c) any third-party claim arising from Your Data.

13. Termination

PulseAI may suspend or terminate your access to the Platform immediately if you breach these Terms, if your Organisation’s subscription or agreement terminates, or if required by law. Upon termination, your licence to use the Platform ceases immediately. PulseAI will delete or return Your Data within thirty (30) days of termination, subject to any legal retention obligations. Sections 4, 5.2, 10, 11, 12, and 14 shall survive termination.

14. Governing law and dispute resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms shall be submitted to the exclusive jurisdiction of the courts of the Province of Ontario, City of Windsor.

The parties shall attempt to resolve any dispute through good faith negotiation for a period of thirty (30) days before resorting to formal proceedings.

15. General provisions

• Entire agreement. These Terms, together with the Privacy Policy and any applicable subscription or partner agreement, constitute the entire agreement between you and PulseAI regarding the Platform. In the event of a conflict between these Terms and a signed subscription or partner agreement, the signed agreement shall prevail.
• Severability. If any provision of these Terms is held to be unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver. Failure by PulseAI to enforce any provision shall not constitute a waiver of future enforcement.
• Assignment. You may not assign your rights under these Terms without PulseAI’s written consent. PulseAI may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.
• Notices. PulseAI may provide notices under these Terms by email to the address associated with your account or through the Platform.

16. Contact

If you have questions about these Terms, please contact:

legal@pulseai.now

PulseAI Inc. · Windsor, Ontario, Canada

pulseai.now