Terms & Conditions

Modessa Pulse provides business technology capabilities that may include:

• Customer relationship management
• Lead management
• Communications
• Appointment scheduling
• Sales pipeline management
• Automation
• Reputation management
• Forms and workflows
• Reporting
• Artificial intelligence-enabled functionality
• Third-party integrations

Specific features available may depend on the customer's subscription, configuration and applicable service plan.

We may improve, modify or update features periodically.

Users are responsible for:

• Providing accurate account information
• Protecting account credentials
• Maintaining appropriate account security
• Restricting unauthorized access
• Ensuring users are appropriately authorized
• Promptly notifying us of suspected unauthorized access

Users are responsible for activity occurring through their accounts to the extent permitted by law.

Users may not use Modessa Pulse to:

• Violate applicable law
• Commit fraud
• Send unlawful spam
• Harass or threaten individuals
• Distribute malware
• Attempt unauthorized system access
• Interfere with platform security
• Infringe intellectual property rights
• Conduct unlawful surveillance
• Collect information without appropriate legal authority
• Send communications without legally required consent
• Circumvent platform restrictions
• Abuse, overload or disrupt the service

We may suspend or terminate access for material violations of these Terms.

Customers retain their rights in data lawfully submitted to Modessa Pulse.

Customers grant us and our authorized service providers permission to process customer data as reasonably necessary to provide, secure, support and improve the services and otherwise perform our contractual obligations.

Customers are responsible for ensuring they have appropriate authority and legal bases to collect and process information submitted through the platform.

Our processing of personal information is described in our Privacy Policy: https://modessapulse.com/privacy

Customers are responsible for complying with applicable privacy, marketing, telecommunications and data-protection laws applicable to their own business activities.

Where appropriate, additional data-processing terms may apply.

Modessa Pulse may include artificial intelligence-enabled features.

AI-generated information may:

• Be incomplete
• Be inaccurate
• Require verification
• Produce unexpected results

Users remain responsible for reviewing AI output before relying upon it.

AI functionality should not be treated as a substitute for professional legal, financial, medical, accounting or other regulated professional advice.

Users remain responsible for decisions made using AI-assisted information.

Certain Modessa Pulse features enable customers to send:

• Email
• SMS messages
• Voice communications
• Automated messages
• Marketing communications

Customers are responsible for:

• Obtaining legally required consent
• Honoring opt-out requests
• Complying with applicable telecommunications laws
• Complying with anti-spam laws
• Maintaining required disclosures

Modessa Pulse does not authorize unlawful unsolicited communications.

Modessa Pulse may integrate with third-party services.

Use of third-party services may be subject to separate terms, policies, fees and availability requirements imposed by those providers.

We are not responsible for independent actions, outages, changes or policies of third-party service providers except as required by law or contract.

Certain Modessa Pulse services may require payment.

Subscription pricing, included services, usage limits, setup charges and recurring fees will be disclosed in the applicable order, proposal, checkout process or service agreement.

Unless otherwise specified:

• Subscription fees are charged according to the selected billing cycle.
• Usage-based services may result in additional charges.
• Applicable taxes may be added.
• Customers are responsible for maintaining a valid payment method.

Recurring subscriptions may renew automatically according to the billing period disclosed at purchase unless canceled in accordance with the applicable subscription terms.

Cancellation stops future renewals but does not automatically create a refund for previously paid periods unless required by law or specifically agreed otherwise.

Additional cancellation terms may be specified in a customer's service agreement.

Unless otherwise stated in an applicable written agreement, setup fees, usage charges and services already provided are generally non-refundable to the extent permitted by law.

Any specific refund entitlement stated in a customer order or agreement will control over this general provision.

Modessa Pulse, its branding, platform configuration, website content, designs, graphics, software elements, documentation and related materials are owned by or licensed to Modessa Virtual Solutions and are protected by applicable intellectual-property laws.

These Terms do not transfer ownership of Modessa Pulse intellectual property to users.

Customers retain rights in content they lawfully create or submit.

Customers represent that they have appropriate rights to submit such content and that its use through Modessa Pulse will not violate applicable law or third-party rights.

We aim to provide reliable platform access but do not guarantee uninterrupted or error-free operation.

Service interruptions may result from:

• Maintenance
• Internet outages
• Third-party service failures
• Telecommunications disruptions
• Security events
• Force majeure events
• Technical issues outside our reasonable control

We use reasonable safeguards designed to protect the platform.

Customers are responsible for maintaining secure credentials, appropriate permissions and safe internal security practices.

No internet-based system can guarantee absolute security.

To the maximum extent permitted by law, Modessa Pulse is provided on an "as available" and "as is" basis.

We do not guarantee that:

• The platform will always be uninterrupted
• Every feature will be error-free
• AI output will always be accurate
• Use of the service will produce a particular business result
• Every third-party integration will remain continuously available

Nothing in these Terms excludes warranties that cannot legally be excluded.

To the maximum extent permitted by applicable law, Modessa Virtual Solutions and Modessa Pulse will not be liable for indirect, incidental, special, consequential or punitive damages arising from use of the service, including lost profits, business interruption or loss of opportunity.

Where liability cannot legally be excluded, liability will be limited to the greatest extent permitted by applicable law.

Any more specific limitation contained in an executed service agreement will control where applicable.

To the extent permitted by law, customers agree to indemnify and hold harmless Modessa Virtual Solutions and Modessa Pulse against claims, liabilities, damages and reasonable costs resulting from:

• Unlawful customer use of the service
• Customer violations of applicable law
• Customer content that infringes third-party rights
• Customer communications sent without appropriate authority or consent
• Material breach of these Terms

Access may be suspended or terminated where reasonably necessary because of:

• Non-payment
• Fraud
• Security risk
• Illegal activity
• Material violation of these Terms
• Abuse of the platform

Upon termination, access to certain platform features may end.

Customers should maintain appropriate copies of information they are legally required to retain.

We may update these Terms periodically.

Material changes may be communicated through the website, platform, email or another reasonable method.

Continued use after an updated effective date may constitute acceptance where permitted by law.

Unless another written agreement states otherwise, these Terms are governed by the laws of the Commonwealth of Virginia, United States, without regard to conflict-of-law principles.

Any mandatory rights provided under applicable consumer or privacy law remain unaffected.

These Terms, together with any applicable order form, proposal, service agreement, Privacy Policy or Data Processing Agreement, constitute the agreement governing use of the relevant Modessa Pulse services.

If there is a conflict between these Terms and a separately executed written agreement, the executed agreement controls with respect to the conflicting provision.

Questions regarding these Terms may be directed to:

Modessa Pulse, operated by Modessa Virtual Solutions

support@modessapulse.com

https://modessapulse.com

[BUSINESS ADDRESS TO BE ADDED]