TERMS OF USE

Effective Date: 01/01/2024

Welcome to Pulse Marketing Solutions LLC (“Company,” “we,” “our,” “us”). By accessing or using our services, including but not limited to our websites, software, and subscription-based services, you agree to abide by these Terms of Use (“Agreement”). If you do not agree with these terms, you may not use our services.

1. SUBSCRIPTION-BASED SERVICES & BILLING

The following services are billed on a monthly or annual subscription basis, and all subscription-based services are non-refundable:

1️⃣ Text Messaging Service: The Client will be billed $0.0083 per segment (approximate cost for usage).

2️⃣ Email Service: The Client will be billed $0.000709 per email (approximate cost for usage).

3️⃣ WordPress Hosting & BUZFLO CMS: $97 per month.

4️⃣ Branded Client Portal App: $79 per month.

5️⃣ AI Agent: $199/$497 per month (One-time AI setup fee of $297).

6️⃣ WhatsApp Conversations: $29.99 per month (approximate cost for usage). Additional pass-through charges apply.

7️⃣ Yext: $49 per month.

8️⃣ A2P Verification: One-time $50 fee per approved A2P phone number. If inaccurate client-supplied data results in a failed registration, resubmission fees apply.

🚫 No Refunds on Subscription-Based Services: All subscription-based services, whether monthly or annual, are non-refundable.

📌 Disclaimer: *Usage charges for calls and SMS still apply. $50 One Time A2P Marketing Validation Applies. **Identity Resolution Add-On $75 Per Site. *** GMB credits not included **** Identity Resolution: $55/site for up to 10,000 leads.

2. THIRD-PARTY APPS AND ADDITIONAL CHARGES

All costs for third-party apps purchased through the platform will be passed on to the Client. These include, but are not limited to:

• Branded Client Portal App: $79 per month.

• AI Agent: $199/$497 per month.

• Yext: $49 per month.

• WhatsApp Conversations: $29.99 per month.

• WordPress Hosting & BUZFLO CMS: $97 per month.

3. WALLET RECHARGE SYSTEM (IF APPLICABLE)

The BuzFlo Wallet System is used to manage SMS, email, and phone usage costs. The Client agrees to the following terms:

✔ Automatic Recharges: The Client’s wallet will automatically reload when the balance falls below a minimum threshold. ✔ Billing Authorization: The Client authorizes Pulse Marketing Solutions LLC to charge the payment method on file to maintain the required balance for continued services. ✔ Usage-Based Debits: Each SMS, email, and call usage fee will be deducted from the Client’s wallet balance. ✔ Processing Time: Charges may take 6-24 hours to reflect in the Client’s account.

🚫 No Refunds on Wallet Funds: Wallet balances are non-refundable and non-transferable.

4. DUE DILIGENCE & COMPLIANCE WITH SMS AND EMAIL MARKETING

The Client must comply with SMS and email marketing best practices, including:

✔ Using only authorized, opted-in contact lists for SMS and email marketing. ✔ Ensuring all recipients have provided explicit consent to receive marketing communications. ✔ Avoiding high complaint rates, spam reports, or blacklisted messaging practices.

🔴 Termination for Non-Compliance: If improper usage is detected (e.g., sending messages to non-opted-in recipients), Pulse Marketing Solutions LLC reserves the right to immediately terminate the Client’s subscription and services without refund.

5. LIABILITY DISCLAIMER (NO LIABILITY CAP)

Pulse Marketing Solutions LLC shall not be liable for any damages, including direct, indirect, incidental, consequential, or special damages, regardless of whether they arise from negligence, breach, or contract failure.

Neither party, including its agents, owners, or representatives, will be liable for indirect, special, consequential, or punitive damages arising from this Agreement unless caused by negligence or breach.

6. NON-SOLICITATION & NON-DISPARAGEMENT

✔ The Client shall not solicit, hire, or attempt to hire any employee, contractor, or subcontractor of Pulse Marketing Solutions LLC during the term of this Agreement and for 12 months thereafter.

✔ Both parties agree not to make any statements, written or verbal, that could reasonably be construed as disparaging, critical, or harmful to the reputation of the other party during or after the term of this Agreement.

7. DISPUTE RESOLUTION & GOVERNING LAW

Any disputes arising out of this Agreement will be resolved through binding arbitration, governed by the laws of Weld County, Colorado. If both parties agree, mediation or negotiation may be considered before arbitration.

This Agreement is governed by the laws of Colorado.

8. TERMINATION & CANCELLATION NOTICE

✔ The Client must provide 60 days’ written notice to cancel any subscription-based service. ✔ Subscription fees are non-refundable, and billing will continue unless proper cancellation notice is provided.

PRIVACY NOTICE

Effective Date: 01/01/2024

Pulse Marketing Solutions LLC values your privacy. This Privacy Notice explains how we collect, use, disclose, and protect your personal data.

1. DATA COLLECTION

We collect data when you:

• Sign up for services

• Submit contact forms

• Use our CRM, AI, or marketing automation tools

• Engage with our website

2. DATA USAGE

We use your data to:

• Provide and improve services

• Process payments

• Communicate with you about your account

• Ensure compliance with TCPA and SMS/email regulations

3. DATA SHARING

We do not sell or share personal data with third parties except as required by law or for service fulfillment.

4. SECURITY MEASURES

We implement reasonable security measures but are not liable for data breaches caused by third-party systems or services.

5. DATA RETENTION

✔ Upon termination, the Client’s contact data will be stored for 60 days. ✔ After 60 days, Pulse Marketing Solutions LLC reserves the right to delete all Client data.

6. YOUR RIGHTS

You may request access, correction, or deletion of your personal data by contacting us at team@buzflo.com.

By using our services, you acknowledge and agree to these terms.

Contact Information: Pulse Marketing Solutions LLC
671 Mitchell Way Suite 206, Erie, CO 80516
Email: team@buzflo.com