Terms of Service

These Terms of Service ("Terms") govern your use of the Pulsewise website, application, and all associated services (collectively, the "Service") operated by Pulsewise (ABN 82 681 365 983) ("we", "us", or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

1. Your Account

To use certain features of the Service, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

You must provide accurate, current, and complete information during registration and keep your account information up to date. We reserve the right to suspend or terminate accounts that contain inaccurate or incomplete information.

2. Services Provided

Pulsewise provides website monitoring services including, but not limited to, uptime monitoring, SSL certificate monitoring, DNS monitoring, broken link detection, mixed content detection, performance monitoring, and public status pages.

We make reasonable efforts to ensure the accuracy and reliability of our monitoring checks, but we do not guarantee that our Service will be error-free, uninterrupted, or that monitoring results will be 100% accurate at all times.

3. Subscription and Billing

Pulsewise offers paid subscription plans with different tiers of service. Plan details, including pricing and feature inclusions, are described on our Pricing page.

Subscriptions are billed in advance on a monthly or annual basis depending on your selected billing cycle. All fees are quoted in US Dollars (USD) and are non-refundable except as described in our Refund Policy below.

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time from your account billing settings.

4. Free Trial

We offer a 7-day free trial for new accounts. No credit card is required to start a trial. At the end of the trial period, you will be downgraded to the free plan and all monitoring will pause unless you subscribe to a paid plan. Your account data and settings will be preserved.

5. Refund Policy

If you are unsatisfied with the Service within the first 30 days of your paid subscription, you may request a full refund by contacting our support team at [email protected]. Refund requests made after 30 days will be considered on a case-by-case basis.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Monitor websites or services you do not own or have authorization to monitor
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorized access to the Service or its related systems
• Use the Service for any illegal, fraudulent, or harmful activity
• Resell, redistribute, or commercially exploit the Service without our prior written consent

We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated these Terms or engaged in abusive behavior.

7. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Pulsewise and its licensors. The Service is protected by copyright, trademark, and other applicable laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to the collection and use of information as described in our Privacy Policy.

9. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. You use the Service at your own risk.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Pulsewise and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of the Service.

Our total liability for any claims arising under these Terms shall not exceed the amount you paid to us for the Service during the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Pulsewise, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your access to or use of the Service, or your violation of these Terms.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Australia.

15. Contact Us

If you have any questions about these Terms, please contact us at [email protected].