Terms of Service

1. Business Service

Openpulse is a business intelligence and opportunity-monitoring platform.

The Service may identify, organize, analyze, summarize, score or alert users to information obtained from public, licensed, authorized, commercial, governmental, customer-connected or other lawful sources.

Signals may include business opportunities; public discussions; customer needs or complaints; competitor activity; public reviews; job postings; procurement opportunities; tenders and requests for proposals; permits and planning activity; corporate developments; funding or expansion events; regulatory or government records; market activity; public business information; and other potential commercial indicators.

Openpulse may use artificial intelligence, machine learning and automated systems to classify, summarize, score, rank, deduplicate and interpret information. Openpulse is intended primarily for lawful business and professional use.

2. No Guarantee of Leads or Results

Openpulse provides intelligence and informational signals. We do not guarantee that any signal represents an actual sales opportunity; that a person or organization intends to purchase anything; that a prospect will respond to outreach; that any opportunity will result in revenue; a particular number or quality of leads; any specific return on investment; completeness of internet or market monitoring; uninterrupted access to any particular data source; or the accuracy or completeness of third-party information.

Opportunity scores, intent classifications, estimated values, summaries, recommendations and similar outputs may be inaccurate. You are responsible for independently reviewing information before relying upon or acting upon it.

3. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service. You may not use the Service if doing so would violate applicable law.

4. Accounts

You agree to provide accurate account information and keep it reasonably current. You are responsible for maintaining the confidentiality of your credentials, restricting unauthorized access to your account, activities occurring under your account, and users you authorize to access the Service. You must notify us promptly if you suspect unauthorized access or a security breach involving your account.

5. Subscription Fees and Billing

Certain features require a paid subscription. Prices, billing periods, usage limits and included features will be displayed at the time of purchase or specified in an applicable order form.

Unless otherwise stated, paid subscriptions automatically renew for successive billing periods until cancelled. You authorize Openpulse and its payment providers to charge your selected payment method for subscription fees, usage charges where applicable, taxes and other authorized amounts.

Prices may change from time to time. Changes will ordinarily apply beginning with a future billing period unless otherwise stated.

6. Cancellation

You may cancel a subscription at any time through available account controls or by contacting support@openpulse.cloud. Unless otherwise stated, cancellation takes effect at the end of the then-current paid billing period, and you will ordinarily retain access until the end of that period.

7. Refunds

Except where required by applicable law or expressly agreed by Openpulse in writing, fees are non-refundable. We are not required to provide prorated refunds, credits for unused subscription time, refunds for unused features, refunds resulting from a customer's failure to use the Service, or refunds because a particular data source, integration or feature changes or becomes unavailable. Nothing in this section limits rights that cannot legally be waived.

8. Trials and Promotional Offers

Openpulse may offer free trials, credits, promotional pricing or other offers. Additional terms displayed with an offer form part of these Terms. We may modify or discontinue promotional programs at any time.

9. Customer Responsibility for Outreach

Openpulse identifies potential commercial signals. It does not grant permission to contact any individual or organization.

You are solely responsible for determining whether your email, telephone call, direct message, SMS message, advertising, sales outreach or other communication is lawful and appropriate. You are responsible for complying with applicable laws governing marketing, privacy, telemarketing, electronic communications and solicitation, including Canada's Anti-Spam Legislation where applicable.

The fact that information is publicly accessible does not necessarily mean that a person has consented to receive commercial communications.

10. Acceptable Use

You may not use the Service to violate any law or regulation; harass, threaten, intimidate or stalk a person; conduct unlawful surveillance; send unlawful spam; facilitate discrimination prohibited by law; obtain passwords or authentication credentials; access private or restricted information without authorization; circumvent technical or access-control measures; impersonate another person or organization; misrepresent the origin of communications; facilitate fraud or deception; collect or exploit sensitive information unlawfully; violate intellectual property or privacy rights; interfere with Openpulse systems or security; introduce malicious software; scrape, crawl or reverse engineer the Service without written authorization; reverse engineer proprietary algorithms, models or software; resell or redistribute substantial portions of Openpulse data except as expressly permitted; use Openpulse in violation of applicable third-party platform terms; or use the Service in a manner that creates unreasonable legal, operational or reputational risk for Openpulse.

We may investigate suspected misuse and suspend or terminate access where reasonably necessary.

11. Public and Third-Party Information

Openpulse may process information originating from third parties. Such information may be inaccurate, incomplete, outdated, misleading, duplicated, subsequently removed or incorrectly attributed. Openpulse does not independently guarantee third-party information. You should verify material information before making business decisions.

12. Data Source Availability

Openpulse may rely upon authorized APIs, government systems, licensed databases, commercially available datasets, public websites, search-indexed information, customer-authorized integrations and other permitted sources.

Third parties may change APIs, access rules, pricing, technical systems, terms, permissions or availability without notice to Openpulse. Accordingly, we do not guarantee continued monitoring of any particular website, platform, database, network or source. The addition, modification or removal of a data source does not constitute a breach of these Terms.

13. Artificial Intelligence

The Service may use artificial intelligence and automated systems. AI-generated content may include summaries, classifications, purchasing-intent assessments, lead scores, recommendations, estimated values, explanations and inferred relationships.

AI systems can make mistakes. You agree not to treat AI output as independently verified fact. Openpulse does not provide legal, accounting, financial, investment, medical, employment or other regulated professional advice.

14. Customer Data

Customer Data means information supplied to Openpulse by or on behalf of a customer, including keywords, company information, competitor names, territories, filters, monitoring instructions, notes, integrations, CRM information and uploaded information.

As between you and Openpulse, you retain your rights in Customer Data. You grant ANB Consulting and Marketing Inc. a worldwide, non-exclusive right to host, copy, process, transmit and otherwise use Customer Data as reasonably necessary to provide, maintain, secure, troubleshoot, support and improve the Service and prevent misuse.

You represent that you have all rights and permissions necessary to provide Customer Data to Openpulse.

15. Aggregated and De-Identified Information

Openpulse may create aggregated, statistical or de-identified information that does not reasonably identify a customer or individual. We may use this information for analytics, product development, performance measurement, security, benchmarking, research and improving the Service.

16. Confidentiality

Each party may receive confidential information from the other. The receiving party will use reasonable measures to protect confidential information and will use it only as necessary in connection with the Service.

Confidential information does not include information that becomes public without breach of these Terms, was already lawfully known, is independently developed, is lawfully received from another source, or must be disclosed by law.

17. Integrations, APIs and Webhooks

Openpulse may provide integrations with third-party systems, including CRM, automation, communication and data platforms. You are responsible for configuring integrations appropriately.

When you enable an integration or webhook, you authorize Openpulse to transmit applicable data to the destination you configure. Third-party services are governed by their own agreements.

Openpulse is not responsible for third-party outages, third-party security, third-party data handling, configuration errors, lost webhook deliveries, changes to third-party APIs or actions taken by third-party systems. You must protect API keys, authentication credentials, webhook secrets and related integration information.

18. Intellectual Property

Openpulse, including its software, source code, algorithms, interfaces, models, databases, designs, documentation, trademarks, branding, workflows and proprietary technology, is owned by ANB Consulting and Marketing Inc. or its licensors. Except for the limited rights expressly granted under these Terms, no ownership rights are transferred to you.

19. Licence

During an active subscription, Openpulse grants you a limited, non-exclusive, non-transferable, revocable right to use the Service for your internal lawful business purposes. You may not sublicense the Service except where expressly permitted in writing.

20. Feedback

If you voluntarily provide ideas, suggestions or product feedback, you grant Openpulse the right to use that feedback without restriction or compensation to you. This does not transfer ownership of your confidential business information.

21. Security

We use reasonable administrative, organizational and technical safeguards appropriate to the nature of the Service and information processed. However, no internet-connected system can be guaranteed to be completely secure. You acknowledge the inherent security risks associated with online services.

22. Service Availability

The Service may occasionally be unavailable, delayed, interrupted, modified or subject to errors. We may perform maintenance, deploy updates or change infrastructure without prior notice where reasonably necessary. Unless expressly stated in an enterprise agreement, no service-level guarantee applies.

23. Beta and Experimental Features

Certain features may be labelled beta, experimental, preview or similar. Such features may contain errors, change materially, be discontinued or operate with reduced reliability. Use of experimental features is at your own risk.

24. Suspension

We may suspend access where reasonably necessary to address non-payment, security threats, suspected fraud, misuse, unlawful activity, material breaches of these Terms, excessive technical impact or threats to Openpulse or third parties. Where reasonably practicable, we will attempt to provide notice.

25. Termination

You may stop using Openpulse at any time. We may terminate an account for material breach, unlawful activity or serious misuse of the Service. Upon termination, your right to use the Service ends.

Sections intended by their nature to survive termination will remain effective, including provisions concerning intellectual property, confidentiality, payment obligations, disclaimers, liability, indemnification and dispute resolution.

26. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." ANB CONSULTING AND MARKETING INC. DISCLAIMS WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AVAILABILITY AND RESULTS.

OPENPULSE DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED OR COMPLETELY SECURE.

27. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANB CONSULTING AND MARKETING INC., ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; LOST PROFITS; LOST REVENUE; LOST BUSINESS; LOST SALES; LOST OPPORTUNITIES; LOSS OF GOODWILL; LOSS OR CORRUPTION OF DATA; OR BUSINESS INTERRUPTION ARISING FROM OR RELATED TO THE SERVICE.

To the maximum extent permitted by law, the aggregate liability of ANB Consulting and Marketing Inc. arising out of or relating to the Service will not exceed the greater of: (a) CAD $100; or (b) the total fees actually paid by you to Openpulse during the 12 months immediately preceding the event giving rise to the claim.

These limitations apply regardless of the legal theory asserted. Nothing in these Terms limits liability that cannot lawfully be limited or excluded.

28. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless ANB Consulting and Marketing Inc. and its affiliates, directors, officers, employees, contractors and agents from claims, proceedings, damages, liabilities, losses and reasonable expenses arising from or related to your misuse of the Service; your violation of these Terms; your unlawful outreach or marketing; your violation of privacy or anti-spam laws; your violation of third-party rights; Customer Data you provide; your communications with prospects; your use of information obtained through Openpulse; or activities performed through your account.

29. Third-Party Claims

Openpulse does not assume responsibility for disputes between you and prospects, customers, competitors, data providers, social platforms, government bodies, third-party software providers or other third parties.

30. Changes to the Service

We may add, modify, replace or discontinue features from time to time for reasons including security, compliance, technology, performance, third-party platform changes, customer demand or commercial considerations.

31. Changes to These Terms

We may update these Terms. The current version will identify its effective or last-updated date. For material changes affecting existing customers, we may provide notice through email, the Service, the website or another reasonable method. Continued use after the applicable effective date constitutes acceptance where permitted by law.

32. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Except where applicable law requires otherwise, disputes arising from these Terms or the Service will be subject to the exclusive jurisdiction of the courts of Ontario, Canada.

33. Entire Agreement

These Terms, together with any applicable order form, enterprise agreement, privacy policy or other terms expressly incorporated by reference, constitute the agreement between you and Openpulse concerning the Service. If an enterprise agreement expressly conflicts with these Terms, the enterprise agreement will control with respect to that customer.

34. Severability

If a provision of these Terms is found unenforceable, the remaining provisions remain effective to the maximum extent permitted by law.

35. No Waiver

Failure to enforce a provision does not constitute a waiver of that provision or any other provision.

36. Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a corporate reorganization, financing, merger, acquisition, sale of assets or transfer of the Openpulse business.

37. Contact

Openpulse is operated by ANB Consulting and Marketing Inc., Ontario, Canada. Website: openpulse.cloud. Email: support@openpulse.cloud.