Terms of Service

1. Agreement to Terms

By accessing and using BranchPulse's website and services ("Services"), you agree to be bound by these Terms of Service ("Agreement"). If you do not agree to all terms and conditions, do not use the Services. We reserve the right to modify this Agreement at any time. Your continued use of the Services constitutes acceptance of any changes.

2. Services Description

BranchPulse provides a unified command center platform for managing distributed office networks. Our Services include device discovery, telemetry collection, anomaly detection, and WAN optimization. Services are provided "as is" and may include automated tools, APIs, dashboards, and support services as described in your subscription plan.

3. User Accounts

3.1 Account Responsibility

You are responsible for maintaining the confidentiality of your login credentials and account information. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized access or breach of security.

3.2 Accurate Information

You agree to provide accurate, current, and complete information during registration and to maintain and update this information as necessary.

3.3 Prohibited Conduct

You agree not to use the Services for illegal purposes, to harass or harm others, to transmit malware, or to circumvent security measures.

4. Subscription and Payment

4.1 Billing Cycle

Subscriptions are billed monthly or annually as selected. Billing occurs on the day of each month corresponding to your signup date or as otherwise specified.

4.2 Payment Terms

Payment must be made in advance. We accept major credit cards and other payment methods as displayed. All prices exclude applicable taxes, which will be added to your invoice.

4.3 Automatic Renewal

Your subscription automatically renews unless you cancel before the renewal date. Cancellation takes effect at the end of your current billing period.

4.4 Failed Payments

If payment fails, we will attempt to charge your account again. Repeated failures may result in service suspension.

4.5 Refund Policy

All subscriptions are non-refundable. In cases of disputed charges or billing errors, contact our support team within 30 days.

5. Acceptable Use Policy

You agree not to:

Access or monitor systems you do not own or have permission to monitor
Use the Services to conduct unauthorized surveillance or data collection
Reverse-engineer, decompile, or attempt to derive the source code of our platform
Use the Services to compete with BranchPulse or develop alternative solutions
Transmit viruses, malware, or any code of destructive nature
Violate any applicable laws or regulations
Attempt to gain unauthorized access to our systems or data
Overload or interfere with the normal operation of the Services

6. Intellectual Property

6.1 Our IP

All content, features, and functionality of the Services (including software, code, design, and documentation) are owned by BranchPulse, our licensors, or service providers and are protected by copyright and other intellectual property laws.

6.2 Your License

We grant you a limited, non-exclusive, non-transferable license to use the Services solely for your internal business purposes during your subscription period.

6.3 Your Content

You retain ownership of any data you upload to the Services. By uploading data, you grant BranchPulse a license to use, process, and store that data to provide the Services.

7. Data and Confidentiality

7.1 Data Ownership

You own all data you input into the Services. BranchPulse does not claim ownership of your network data, telemetry, or configurations.

7.2 Data Access

We access and process your data only to provide the Services, except as required by law or with your consent.

7.3 Confidentiality

We maintain strict confidentiality obligations regarding your data and treat it as confidential information.

8. Service Level Agreement (SLA)

8.1 Uptime Commitment

We commit to maintaining 99.97% uptime for Enterprise plans and 99.9% for all other plans, measured monthly, excluding scheduled maintenance.

8.2 Maintenance

We reserve the right to perform maintenance that may temporarily interrupt service. We will provide notice of scheduled maintenance when possible.

8.3 Credits

If uptime falls below our commitment, you may be eligible for service credits as outlined in your subscription agreement.

9. Warranties and Disclaimers

9.1 Limited Warranty

We warrant that the Services will be provided in a professional and competent manner consistent with industry standards.

9.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANCHPULSE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, DATA, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless BranchPulse from any claims, damages, or costs (including legal fees) arising from your use of the Services, your data, or your violation of this Agreement.

12. Termination

12.1 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period.

12.2 Termination by BranchPulse

We may terminate your account or suspend access immediately if you violate this Agreement, engage in illegal activity, or fail to pay charges due.

12.3 Post-Termination

Upon termination, your access to the Services ceases. We may delete your account data after a reasonable retention period in accordance with our Privacy Policy.

13. Third-Party Services

The Services may integrate with or link to third-party services, APIs, and platforms. We are not responsible for third-party services, their availability, or their terms. Use of third-party services is subject to their respective terms and privacy policies.

14. Security and Support

14.1 Security

We implement reasonable security measures to protect your data. However, no internet transmission is completely secure. You acknowledge the inherent risks of online services.

14.2 Support

Support is provided according to your subscription plan. Response times and support channels vary by plan level.

15. Governing Law

This Agreement is governed by the laws of Ontario, Canada, and you agree to submit to the exclusive jurisdiction of the courts located in Toronto, Ontario.

16. Entire Agreement

This Agreement constitutes the entire agreement between you and BranchPulse regarding the Services and supersedes all prior agreements or understandings.

17. Contact

For questions about these Terms of Service, please contact us at:

Legal Department
BranchPulse Inc.
100 King St W, Toronto, ON M5X 1A9, Canada
[email protected]
+1-416-555-0132