General Terms and Conditions (AGB)

§1 Scope and Service Tiers

The Service: pulse Energy GmbH ("pulse") provides an AI Visibility and Analytics Platform ("Platform"). The specific scope of features, usage limits, and service tiers are defined by the plan selected by the Customer during the checkout process or as displayed in the Customer’s account dashboard.

Product Evolution: pulse reserves the right to modify, update, or pivot features of the platform to improve the service, provided the core functionality remains substantially similar.

§2 Formation of Contract

Digital Onboarding: The contract is concluded when the Customer completes the signup process and clicks the "Subscribe," "Pay," or "Start Trial" button on the Stripe-hosted checkout page.

Authority: By subscribing, the individual represents they have the legal authority to bind their company to these terms.

§3 Fees, Payment, and Taxes

Automated Billing: Fees are billed in advance via Stripe. By providing payment details, the Customer authorizes pulse to charge the recurring fee automatically at the start of each billing cycle (monthly or annually).

Currency: Fees are charged in the currency displayed at checkout (typically USD for US-based clients and EUR for EU-based clients).

Taxes: All fees are exclusive of VAT, sales tax, or other duties. pulse uses automated systems to calculate local taxes based on the Customer’s jurisdiction.

§4 Term and Termination

Subscription Cycle: The contract runs for the period selected at checkout (the "Billing Period").

Auto-Renewal: Subscriptions renew automatically for subsequent Billing Periods unless canceled.

Cancellation: Customers may cancel at any time via the platform settings or Stripe portal. Cancellation becomes effective at the end of the current paid Billing Period. No prorated refunds are provided for mid-month cancellations.

§5 Data Rights and Intellectual Property

Customer Data: The Customer retains ownership of any data they input.

pulse Usage Rights: The Customer grants pulse a royalty-free, global license to use anonymized and aggregated data derived from the Customer’s use of the platform ("Aggregated Statistics") for the purpose of improving the AI models, benchmarking, and analytics.

IP Protection: All software, algorithms, and dashboard designs remain the exclusive property of pulse. No "work-for-hire" or IP transfer occurs.

§6 Liability and Warranties (The German-US Hybrid)

Standard of Liability: pulse is liable without limitation for intent, gross negligence, and injury to life, body, or health.

The 6-Month Cap: For slight negligence in breaching material contractual duties, pulse’s liability is limited to the typical, foreseeable damage, capped at the total fees paid by the Customer in the six (6) months preceding the claim.

US "AS-IS" Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED "AS IS." PULSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE OR UNINTERRUPTED AVAILABILITY.

§7 Privacy and DPA

Minimalist Processing: pulse only stores login credentials (username/pw).

DPA: Our standard Data Processing Addendum (including EU Standard Contractual Clauses for US transfers) is incorporated by reference and applies automatically to the extent pulse processes personal data on the Customer's behalf.

§8 Governing Law and Jurisdiction

Law: This contract is governed by German Law.

Venue: The exclusive venue for all disputes is Munich, Germany.

Language: English or German, as chosen by the customer.

§9 Entire Agreement and Severability

Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes all previous terms or oral side agreements.

Severability: If any provision of these AGB is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

§10 Third-Party AI Providers

Probabilistic Output: The Platform utilizes third-party AI models (e.g., OpenAI, Google). Customer acknowledges that the output of such models is probabilistic in nature.

Disclaimer: pulse is not liable for errors, inaccuracies, or "hallucinations" generated by third-party AI providers. Customers are encouraged to independently verify critical data.