Draft for lawyer review. These terms are a plain-English working draft and are not yet final. Items in [square brackets] must be confirmed before they are relied on.
1. The agreement
These terms are between Vitals Technologies, [legal entity name], [registered address], India ("Vitals", "we") and the business that signs up for Pulse ("you"). Together with your order form or written proposal, they make up the agreement. If the order form says something different, the order form wins.
The person accepting these terms confirms they are allowed to bind the business.
2. The service
Pulse is an operating system for a business: chat and calls, projects in stages, quotations, invoices and payments, finance, people and attendance, and AI employees. It is available in the browser and as an Android app. Where agreed in your proposal, we also provide setup services: a consultation, moving your data in, setting up AI employees and integrations, and team alignment.
We improve Pulse continuously. We may change features, but we will not remove a core part of what you pay for during your term without telling you in advance.
3. Accounts and users
- You decide who in your business gets access and what each role can see.
- You are responsible for what your users do in Pulse and for keeping sign-in details safe.
- Tell us straight away if you think an account has been misused.
4. Your data
Everything your business puts into Pulse stays yours. You give us permission to store and process it only to provide Pulse and our services to you, and as described in our privacy policy. Each business sees only its own data. You can export your data at any time.
You are responsible for having the right to put personal data about your team, clients and contacts into Pulse, including any notice or consent the DPDP Act requires. For that data we act as your Data Processor.
5. AI employees and AI features
- AI employees act on the SOPs and settings you approve, within the permissions of the role you give them.
- AI output can be wrong. Your team stays responsible for decisions made with it, and should review anything important, especially money, legal or employment matters.
- Every action an AI employee takes is logged and can be undone in Pulse.
- You must not set up an AI employee to do anything you could not lawfully do yourself.
6. Connectors for AI assistants
Pulse can connect to third-party AI assistants, such as Claude and ChatGPT, when a user chooses to. A connected assistant acts with that user's permissions only. The assistant is provided by its own company under its own terms, and we are not responsible for it. You or the user can disconnect it at any time.
7. Acceptable use
Do not use Pulse to break the law, send spam, harass anyone, infringe someone else's rights, upload malware, try to get into another business's data, or put unreasonable load on the service. We may suspend access that puts Pulse or other customers at risk, and will tell you why.
8. Fees
Fees are set out in your order form or proposal. Unless it says otherwise, fees are in Indian rupees, exclude GST, and are due within [15] days of invoice. Founding businesses keep founding pricing for as long as they stay, as set out in their proposal. [Lawyer to confirm late-payment terms.]
9. Confidentiality
Each of us will keep the other's confidential information private and use it only for this agreement, except where the law requires disclosure.
10. Ownership of Pulse
Pulse, its software, design and documentation belong to Vitals. You get the right to use it for your business during your term. If you send us ideas or feedback, we may use them freely.
11. Availability and support
We work to keep Pulse available and fast, and plan maintenance for quiet hours where we can. Support is provided as set out in your proposal. [Add service levels if offered.]
12. Warranties
We will provide Pulse with reasonable skill and care. Apart from that, and to the extent the law allows, Pulse is provided as it is, without other promises, including that it will be error-free or uninterrupted.
13. Liability
To the extent the law allows, neither of us is liable for indirect or consequential losses, or for lost profits, and each party's total liability under this agreement is limited to the fees you paid in the [12] months before the claim. These limits do not apply to [fraud, breach of confidentiality, or amounts that cannot be limited by law]. [Lawyer to confirm.]
14. Ending the agreement
The agreement runs for the term in your order form. Either of us may end it if the other seriously breaks it and does not fix the problem within [30] days of written notice. When it ends, you can export your data for [30] days; after that we delete it as described in our privacy policy.
15. Law and disputes
These terms are governed by the laws of India. The courts at [city] have exclusive jurisdiction. We will always try to resolve a disagreement by talking first.
16. Changes and contact
We may update these terms. We will tell customers about significant changes at least [30] days before they take effect. Questions: [email protected] [confirm address].