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Terms and Conditions

Last Updated: July 2025

 

These Terms and Conditions ("Terms") govern your use of the Demand Pulse website and services ("Website", "Services") provided by Demand Pulse ("Company", "we", "us", or "our"). By accessing or using our Website and Services, you ("User", "you", or "your") acknowledge that you have read, understood, and agree to be bound by these Terms.

 

1. Company Information

Demand Pulse
Demand Pulse LLC

5900 Balcones Dr Ste 100

Austin, TX 78731

 

Email: admin@demand-pulse.com 

 

2. Acceptance of Terms

By using our Website and Services, you confirm that:

  • You are at least 18 years of age or have parental/guardian consent

  • You have the legal capacity to enter into binding agreements

  • You agree to comply with all applicable laws and regulations

  • If accessing on behalf of a company, you have the authority to bind that entity

 

3. User Obligations and Acceptable Use

3.1 Permitted Use

You may access and use our Services solely for legitimate business purposes in accordance with these Terms.

 

3.2 Prohibited Activities

You agree not to:

  • Violate any applicable laws, regulations, or third-party rights

  • Use the Services for any unlawful, fraudulent, or malicious purposes

  • Attempt to gain unauthorized access to our systems or networks

  • Interfere with the proper functioning of the Website or Services

  • Upload or transmit viruses, malware, or other harmful code

  • Engage in any activity that could damage our reputation or business

  • Use automated systems to access or scrape our Website without permission

  • Share login credentials or allow unauthorized access to your account

 

4. Intellectual Property Rights

4.1 Our Intellectual Property

All content, materials, trademarks, logos, designs, and intellectual property on our Website and in our Services are owned by Demand Pulse or our licensors. This includes but is not limited to:

  • Website content and functionality

  • Proprietary methodologies and processes

  • Reports, analyses, and deliverables created for you

  • Software, tools, and systems

 

4.2 License to Use

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for your internal business purposes, subject to these Terms.

 

4.3 Client Materials

You retain ownership of the materials you provide to us. By providing materials, you grant us a non-exclusive license to use them solely for providing Services to you.

 

5. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

 

6. Service Terms and Payment

6.1 Service Agreements

Specific services will be provided under separate service agreements or statements of work that incorporate these Terms.

 

6.2 Fees and Payment

  • All fees are due as specified in your service agreement

  • Payments are non-refundable unless otherwise agreed in writing

  • We reserve the right to suspend services for non-payment

  • You are responsible for all applicable taxes

 

6.3 Changes to Services

We may modify, suspend, or discontinue Services at any time with appropriate notice.

 

7. Disclaimers and Warranties

7.1 Service Disclaimer

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

7.2 Third-Party Services

We may use or recommend third-party tools and services. We are not responsible for the availability, content, or practices of third-party providers.

 

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

 

8.1 Liability Cap

Our total liability for any claims arising from or relating to these Terms or our Services shall not exceed the amount paid by you to us in the twelve (12) months preceding the claim.

 

8.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business opportunities

  • Loss of data or information

  • Business interruption

  • Loss of goodwill or reputation

 

8.3 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, government actions, or technical failures.

 

9. Indemnification

You agree to indemnify, defend, and hold harmless Demand Pulse, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of our Services

  • Your violation of these Terms

  • Your violation of any third-party rights

  • Any materials or information you provide to us

 

10. Confidentiality

10.1 Mutual Confidentiality

Both parties acknowledge they may receive confidential information and agree to maintain such information in confidence and use it solely for the purposes of the business relationship.

 

10.2 Exceptions

Confidentiality obligations do not apply to information that:

  • Is publicly available through no breach of these Terms

  • Is required to be disclosed by law or court order

  • Is necessary to provide the agreed Services

 

11. Termination

11.1 Termination Rights

Either party may terminate this agreement with appropriate notice as specified in the relevant service agreement.

 

11.2 Effect of Termination

Upon termination:

  • Your right to use our Services immediately ceases

  • We may delete your account and data according to our data retention policy

  • Provisions regarding intellectual property, confidentiality, and limitation of liability survive termination

 

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of Texas without regard to conflict of law principles.

 

12.2 Dispute Resolution Process

Any disputes shall be resolved through:

  1. Good faith negotiations between the parties

  2. If unsuccessful, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA)

  3. Arbitration shall be conducted in Austin, Texas

 

12.3 Exceptions

Either party may seek injunctive relief in court for the protection of intellectual property or confidential information.

 

13. General Provisions

13.1 Entire Agreement

These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between the parties.

 

13.2 Modifications

We may update these Terms from time to time. We will provide notice of material changes, and continued use of our Services constitutes acceptance of the updated Terms.

 

13.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

 

13.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to any affiliate or successor entity.

 

13.5 No Waiver

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

 

13.6 Contact Information

For questions about these Terms, please contact us at:

 

 

By using Demand Pulse's Website and Services, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.

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