Terms of Service

These Terms of Service (“Terms” or “Agreement”) constitute a legally binding agreement between HomeServicePulse, Inc. (“HSP,” “we,” “us,” or “our”) and the Customer identified in the applicable order form or checkout process (“Customer” or “you”). By clicking “I Agree,” completing registration, accessing the Services, or authorizing any User to access the Services, Customer represents that it has read, understood, and agrees to be bound by these Terms and all documents incorporated herein by reference, including the Acceptable Use Policy, Privacy Policy, Cookie Policy, and where applicable, the Data Processing Agreement.

The individual completing registration or accepting these Terms represents and warrants that they have the authority to bind the Customer to this Agreement. If you do not have such authority, or if you do not agree to these Terms, you may not access or use the Services.

• “Agreement” means these Terms, together with the Acceptable Use Policy, Privacy Policy, Cookie Policy, any Data Processing Agreement, and any order form or subscription confirmation, all of which are incorporated herein.
• “AI Output” means any content, narrative, summary, insight, recommendation, or other output generated by artificial intelligence or machine learning models as part of the Services.
• “AUP” means the Acceptable Use Policy published at homeservicepulse.ai/legal/acceptable-use, as updated from time to time.
• “Authorized Users” or “Users” means individuals who Customer has authorized to access and use the Services, typically Customer’s employees, contractors, or brand stakeholders.
• “Confidential Information” has the meaning given in Section 10.
• “Customer” means the business entity or individual that subscribes to the Services.
• “Data Processing Agreement” or “DPA” means the data processing agreement available at homeservicepulse.ai/legal/dpa, which governs HSP’s processing of personal data as a Processor on behalf of Customer.
• “Documentation” means HSP’s technical and user documentation for the Services, as updated from time to time.
• “Fees” means the subscription and other fees payable under the applicable order form or pricing schedule.
• “Services” means the HomeServicePulse platform, including all software, features, APIs, reports, and related services made available by HSP under this Agreement.
• “Tenant” or “Customer-Tenant” means the isolated instance of the Services provisioned for Customer within HSP’s multi-tenant infrastructure.
• “Tenant Data” means all data, content, and information uploaded, submitted, synced, or otherwise provided by Customer or its Users in connection with the Services, including CRM data, employee records, financial data, and other business information.

HomeServicePulse is a multi-tenant, AI-powered business intelligence platform for home service companies. The Services include: synchronization of operational data from connected CRM and financial platforms; computation of key performance indicators; generation of AI-powered narrative summaries and reports; scheduled email delivery of branded reports; and tools for managing brands, employees, scorecards, inventory, and related business data.

HSP may modify the features and functionality of the Services at any time. For material reductions in functionality, HSP will provide at least thirty (30) days’ advance notice. HSP reserves the right to add new features or services, which may be subject to additional terms or Fees.

Customer must register for an account to use the Services. Customer agrees to provide accurate, current, and complete registration information and to keep that information updated. Customer is responsible for maintaining the confidentiality of its account credentials and for all activities that occur under its account.

Customer may authorize Users to access the Tenant under Customer’s account. Customer is responsible for: (a) ensuring each User reads and complies with this Agreement and the AUP; (b) the acts and omissions of all Users; and (c) ensuring that User accounts are not shared between individuals. Customer must promptly notify HSP at security@homeservicepulse.ai of any unauthorized access to or use of its account.

5.1 Fees and Billing

Customer agrees to pay all Fees as set out in the applicable order form or pricing page. Fees are quoted and payable in U.S. dollars. Unless otherwise stated, Fees are due and payable in advance at the start of each billing period. Overdue amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law.

5.2 Auto-Renewal

Monthly subscriptions automatically renew month-to-month. Annual subscriptions automatically renew for successive one-year terms. HSP will provide at least thirty (30) days’ advance notice before each annual renewal date, including the renewal date and the applicable Fees. Customer may cancel prior to the renewal date to avoid being charged for the next term. Cancellation instructions are available at homeservicepulse.ai or by contacting billing@homeservicepulse.ai.

5.3 Taxes and Refunds

Fees are exclusive of all taxes, levies, duties, or similar governmental charges. Customer is responsible for all such charges, excluding taxes on HSP’s income. Except as required by applicable law, Fees paid are non-refundable. HSP may suspend access to the Services if Customer’s account is more than thirty (30) days past due, following written notice.

As between the parties, Customer owns all Tenant Data. Customer grants HSP a limited, worldwide, non-exclusive, royalty-free license to host, copy, transmit, process, and display Tenant Data solely as necessary to provide the Services and as permitted under this Agreement and the DPA.

Customer represents and warrants that: (a) it has all rights, consents, and authorizations necessary to provide Tenant Data to HSP and to authorize HSP to process it as contemplated by this Agreement; (b) the provision and processing of Tenant Data will not violate any applicable law, regulation, or third-party right; and (c) Tenant Data does not contain any special categories of sensitive personal data (as defined under applicable law) unless Customer has entered into supplemental data processing terms with HSP.

HSP will not access, use, or disclose Tenant Data except to provide the Services to Customer, comply with applicable law, or as otherwise expressly permitted by this Agreement or the DPA. HSP will not use Tenant Data to train AI models or for the benefit of other customers. Where Tenant Data includes personal data, the DPA governs HSP’s processing obligations.

The Services use third-party AI models (including Anthropic Claude) to generate AI Output such as narrative business summaries, performance insights, and recommendations. AI Output is generated automatically based on Tenant Data and may contain inaccuracies, errors, or omissions. AI Output does not constitute professional advice (legal, financial, HR, or otherwise).

Customer is solely responsible for reviewing AI Output before relying on it or distributing it to third parties. Customer must not use AI Output as the sole basis for any decision having a legal or similarly significant effect on an individual without independent human review. See the AUP, Section 2.4, for additional restrictions on AI Output use.

To the maximum extent permitted by applicable law, HSP disclaims all liability for decisions made in reliance on AI Output. HSP’s obligations with respect to the accuracy of AI Output are limited to exercising commercially reasonable care in selecting and configuring AI models.

The Services integrate with third-party platforms including, but not limited to: ServiceMinder (CRM); QuickBooks Online (accounting); Stripe (payment processing); Google Firebase and Google Cloud Platform (infrastructure and authentication); Anthropic (AI processing); and Cloudflare (CDN and security). Customer’s use of third-party services is governed by the respective terms of those providers, and Customer is responsible for complying with those terms.

By connecting a third-party account to the Services, Customer grants HSP permission to access and process data from that account as directed by Customer and as necessary to provide the Services. HSP is not responsible for the availability, accuracy, or content of any third-party service. If a third-party provider ceases to make its services available for integration, HSP may discontinue the affected integration feature.

As between the parties, HSP and its licensors retain all right, title, and interest in and to the Services, including all software, designs, documentation, trademarks, service marks, and other intellectual property incorporated therein. These Terms do not transfer any ownership interest in the Services to Customer. No rights are granted to Customer except the limited access right set forth herein.

As between the parties, Customer retains all right, title, and interest in and to Tenant Data. To the extent any AI Output is derived from Tenant Data, Customer retains ownership of that AI Output, subject to HSP’s rights in the underlying models and platform.

If Customer provides feedback, suggestions, or ideas about the Services (“Feedback”), Customer grants HSP a perpetual, irrevocable, worldwide, royalty-free license to use, copy, modify, and incorporate that Feedback into the Services or other products without any obligation of confidentiality or compensation to Customer.

“Confidential Information” means any non-public information disclosed by one party (“Discloser”) to the other (“Recipient”) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. HSP’s Confidential Information includes the Services, pricing, technical architecture, and roadmap. Customer’s Confidential Information includes Tenant Data and business information provided in connection with the Services.

Recipient agrees to: (a) protect Discloser’s Confidential Information with at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care; (b) use Confidential Information only for purposes of exercising its rights or fulfilling its obligations under this Agreement; and (c) limit disclosure to employees, contractors, and agents who need to know and who are bound by confidentiality obligations no less protective than these Terms.

Confidential Information does not include information that: (a) is or becomes publicly known through no breach of this Agreement; (b) was rightfully known to Recipient before disclosure; (c) is independently developed by Recipient without use of Confidential Information; or (d) is required to be disclosed by law or court order, provided Recipient gives Discloser prompt advance notice and cooperates in seeking a protective order. Confidentiality obligations survive termination for three (3) years, except for trade secrets, which are protected indefinitely.

Customer and its Users must comply with the Acceptable Use Policy (homeservicepulse.ai/legal/acceptable-use), which is incorporated into this Agreement by reference. Customer is responsible for ensuring that all Users comply with the AUP. HSP may suspend or terminate access if Customer or any User violates the AUP, in accordance with Section 18.

HSP will use commercially reasonable efforts to make the Services available on a continuous basis, targeting 99% monthly uptime (measured excluding scheduled maintenance and events beyond HSP’s reasonable control). At the current stage of the product, formal SLA credits will be introduced upon general commercial availability; current availability commitments are best-effort only.

HSP will provide at least 24 hours’ advance notice for scheduled maintenance that may affect availability. For critical security patches, HSP may perform emergency maintenance without advance notice, using commercially reasonable efforts to minimize disruption. Support is available by email at support@homeservicepulse.ai.

13.1 HSP Security Measures

HSP implements and maintains administrative, technical, and physical safeguards to protect Tenant Data against unauthorized access, disclosure, alteration, or destruction, including:

• Encryption of data in transit using TLS 1.2 or higher.
• Encryption of data at rest using AES-256.
• Row-Level Security (RLS) policies enforcing multi-tenant isolation at the database layer.
• Firebase ID token authentication and Google Cloud Identity Platform (GCIP) for user identity.
• Cloudflare Web Application Firewall (WAF) and bot protection on all public endpoints.
• Access controls limiting HSP personnel access to Tenant Data to those with a business need.
• Structured audit logging of authentication events and privileged actions.
• Notification to Customer within 72 hours of HSP becoming aware of a confirmed personal data breach affecting Tenant Data.

Detailed technical and organizational security measures are set out in the Data Processing Agreement, Annex A. HSP regularly reviews and updates its security program.

13.2 Customer Responsibilities

Customer is responsible for: (a) securing its account credentials and managing User access; (b) configuring connected integrations securely and in accordance with third-party provider requirements; (c) ensuring that Users’ devices and networks meet reasonable security standards; and (d) promptly notifying HSP at security@homeservicepulse.ai of any actual or suspected security incident involving the Services.

HSP retains Tenant Data for the duration of the active subscription. Following termination or expiration, Customer has ninety (90) days to export its data using the platform’s export functionality. After this export window, HSP will delete or anonymize Tenant Data in accordance with its data retention schedule, subject to any applicable legal hold obligations.

Notwithstanding the foregoing, HSP may retain the following categories of data for the periods indicated regardless of account status: (a) authentication-failure logs and security audit logs for twelve (12) months; (b) billing records and invoices for seven (7) years or the period required by applicable law; and (c) server access logs for ninety (90) days. Additional detail is in the Privacy Policy.

HSP warrants that: (a) it has the right to enter into this Agreement and to grant the licenses herein; (b) the Services will perform materially in accordance with the Documentation under normal use conditions; and (c) HSP maintains reasonable administrative, technical, and physical safeguards as described in Section 13.

Customer warrants that: (a) it has the authority to enter into this Agreement; (b) it owns or has all necessary rights to Tenant Data as described in Section 6; and (c) its use of the Services will comply with all applicable laws and the AUP.

EXCEPT FOR THE EXPRESS WARRANTIES IN THIS SECTION, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." HSP EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HSP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

HSP’s total cumulative liability to Customer for all claims arising out of or in connection with this Agreement, regardless of the form of action and whether in contract, tort (including negligence), or otherwise, will not exceed the total Fees paid by Customer to HSP in the twelve (12) months immediately preceding the event giving rise to the claim.

The foregoing limitations do not apply to: (a) death or personal injury caused by negligence; (b) fraud or intentional misconduct; (c) Customer’s payment obligations; (d) either party’s indemnification obligations under Section 17; (e) material breach of Section 10 (Confidentiality); or (f) violations of applicable privacy law. Some jurisdictions do not allow limitation or exclusion of certain damages; in such jurisdictions, HSP’s liability is limited to the maximum extent permitted by law.

17.1 Customer Indemnification

Customer will defend, indemnify, and hold harmless HSP and its officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) Tenant Data (including any alleged infringement of third-party intellectual property rights, or any privacy-law violation arising from Customer’s collection, provision, or use of Tenant Data); (b) Customer’s or any User’s breach of this Agreement or the AUP; or (c) Customer’s or any User’s negligence or willful misconduct.

17.2 HSP Indemnification

HSP will defend, indemnify, and hold harmless Customer and its officers, directors, employees, and agents from and against any third-party claims alleging that the Services, as provided by HSP and used in accordance with this Agreement, infringe any United States patent, copyright, trademark, or trade secret. If HSP receives notice of such a claim, HSP may at its option: (a) modify the Services to be non-infringing; (b) obtain a license for Customer’s continued use; or (c) terminate the affected service with a pro-rated refund of prepaid Fees. This indemnification does not apply to claims arising from Customer’s modifications to the Services, Tenant Data, or use of the Services in combination with non-HSP products.

17.3 Procedure

As a condition of the indemnification obligations: (a) the indemnified party must give the indemnifying party prompt written notice of the claim; (b) the indemnifying party has sole control of the defense and settlement, provided it does not agree to any settlement that imposes obligations on the indemnified party without consent; and (c) the indemnified party cooperates reasonably at the indemnifying party’s expense.

This Agreement commences on the date Customer first accepts it and continues for the initial subscription term selected at checkout, then renews automatically in accordance with Section 5.2.

Either party may terminate this Agreement for material breach upon thirty (30) days’ written notice if the breach remains uncured at the end of that period. HSP may suspend or terminate Customer’s access immediately, without prior notice, if: (a) Customer’s account is delinquent by more than sixty (60) days; (b) Customer engages in activity prohibited by the AUP that poses a security or legal risk to HSP or other customers; (c) required by applicable law; or (d) Customer becomes insolvent, makes an assignment for the benefit of creditors, or is the subject of bankruptcy proceedings.

Upon termination: (a) all licenses granted under this Agreement immediately terminate; (b) Customer retains access to export Tenant Data for ninety (90) days, after which HSP will delete or anonymize it as described in Section 14; (c) accrued payment obligations survive; and (d) Sections 2, 6 (ownership only), 9, 10, 14, 15, 16, 17, 18, 19, and 20 survive termination.

19.1 Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law provisions.

19.2 Informal Resolution

Before initiating formal proceedings, each party agrees to notify the other of any dispute and to attempt to resolve it informally for at least thirty (30) days from the date of notice.

19.3 Binding Arbitration and Class Action Waiver

If informal resolution fails, disputes will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules for claims not exceeding $250,000, or its Comprehensive Arbitration Rules for larger claims. Arbitration will take place in Wilmington, Delaware, or remotely by agreement. EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information, and claims within the jurisdiction of a small-claims court may be brought there.

• Entire Agreement. This Agreement (including all incorporated documents) is the complete and exclusive agreement between the parties concerning its subject matter and supersedes all prior proposals, representations, and agreements, whether written or oral.
• Modifications. HSP may modify these Terms at any time. For material changes, HSP will provide at least thirty (30) days’ advance notice via email or a prominent in-product notice. Continued use of the Services after the effective date of the modification constitutes acceptance. If Customer does not agree to a material change, it may terminate the Agreement before the change takes effect.
• Waiver. No failure or delay in exercising any right under this Agreement constitutes a waiver of that right.
• Severability. If any provision is unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions continue in full force.
• Assignment. Customer may not assign or transfer any rights or obligations under this Agreement without HSP’s prior written consent. HSP may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any purported assignment in violation of this section is void.
• Force Majeure. Neither party is liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, labor disputes, governmental actions, or internet infrastructure failures, provided the affected party gives prompt notice and uses reasonable efforts to mitigate the delay.
• Relationship of Parties. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, employment, or franchise relationship.
• Notices. Legal notices must be in writing and delivered by email with confirmed receipt or by nationally recognized overnight courier. Notices to HSP: legal@homeservicepulse.ai. Notices to Customer: the email address on file for the account.
• Electronic Signatures. Customer’s electronic acceptance of these Terms (including by checkbox or click-through) constitutes a valid and binding signature.

Questions about these Terms of Service: legal@homeservicepulse.ai