Terms of Service

Please read these terms carefully. They include automatic renewal of paid plans (section 3), the limits of what an alerting service can promise (section 6 and section 12), limits on our liability (section 18), and an agreement that disputes go to the courts of Davidson County, Tennessee, on an individual basis and without a jury (section 21).

1. The agreement

These Terms of Service (“Terms”) are an agreement between you and Simplisik LLC, a Tennessee limited liability company (“Simplisik”, “we”, “us”), for Pulseback: the dashboard and API at app.pulseback.io, the check engine, on-call paging and notifications, hosted status pages, the Pulseback mobile app, the Terraform provider, this website and related services (the “Services”). They take effect when you create an account, start a subscription or otherwise use the Services. They apply only to Pulseback; Simplisik’s other products have their own terms.

• Pulseback is a business tool. You must be at least 18 and use the Services for your business or profession, not for personal, family or household purposes.
• If you use the Services for a company or other organization, you agree to these Terms on its behalf and confirm that you have authority to do so. “You” then means that organization.
• Our Privacy Policy explains how we handle personal information, and our Data Processing Addendum applies to personal information we process for you. If we sign a separate written agreement with you, such as an Enterprise order form, it takes precedence over these Terms where they conflict.

2. Accounts and workspaces

• Give accurate account information and keep it up to date, including the email address and devices you are paged on.
• Keep your password, signed-in devices and API keys secure, and tell us promptly at support@pulseback.io if you think someone has accessed your account without permission.
• You can belong to several workspaces. Each workspace belongs to the organization that set it up. Workspace admins control its members, roles, billing, integrations, API keys and content, and can delete it. Members act on the workspace’s behalf, with the access their role (admin, responder or viewer) gives them.
• You are responsible for all activity in your account and workspace, including by people you invite and by the API keys, integrations, Terraform configurations and automations you connect.

3. Plans, trials and billing

Plans

• The Free plan is free and includes up to 5 monitors. Our pricing page shows each plan’s current price, features and limits, including monitors, responders, check intervals, status pages and how long raw check results are kept.
• Paid plans are billed per workspace, monthly in advance, in US dollars, through our payment processor, Stripe. You authorize us, through Stripe, to charge your payment method for all fees when they are due. Plan changes made in the Stripe Customer Portal are prorated as shown before you confirm them.

Free trials

Paid plans can start with a 14-day free trial, once per workspace. Unless you cancel before the trial ends, your subscription starts automatically and your payment method is charged for the plan you chose. If you cancel during the trial, you will not be charged.

Automatic renewal and cancellation

• Paid plans renew automatically at the end of each monthly billing period, at the then-current price plus any applicable tax, until you cancel.
• You can cancel at any time from Billing in the dashboard (the Stripe Customer Portal). Cancellation takes effect at the end of the current billing period, and you keep paid features until then.
• If we change the price of your plan, we will tell you at least 30 days before the change applies to you. The new price applies from your next renewal after that notice, and you can cancel before then.
• Promotional codes and discounts apply only as described when you redeem them.

Taxes

Prices do not include taxes. You are responsible for sales, use, value-added and similar taxes on your purchases, other than taxes on our income, and we may collect them where the law requires.

No refunds

Fees are non-refundable, and we do not give refunds or credits for partial billing periods or unused features, except where the law requires it or as section 15 and section 22 provide. Service credits, where offered, are part of an Enterprise agreement.

Failed payments and downgrades

• If a payment fails, we and Stripe may retry it. If it is not resolved, the workspace moves to the Free plan’s features and limits until the invoice is paid.
• When a workspace moves to a plan with fewer features, the features the new plan doesn’t include stop working (for example escalation policies with several steps, Slack, custom status-page domains, AI features or single sign-on), and you cannot add monitors, responders or status pages beyond the new plan’s limits. Raw check results older than the new plan keeps are deleted within about an hour. Review your escalation policies before you downgrade if paging matters to you.

4. Your data

• The monitors you configure, check results, incidents, alerts, notes, schedules, escalation policies, postmortems, status pages and their posts, deploy information and other content you or your systems put in the Services are “Your Data”. As between you and us, you own Your Data.
• You give us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit and display Your Data only as needed to provide, secure and support the Services. That includes running the checks you configure, sending notifications to the people and systems you choose, publishing your status pages, sending incident data to the provider that runs our AI features when your plan includes them (section 8), and sending Your Data where you direct, such as to integrations you connect.
• The license ends when you delete the data, except for copies in backups and logs, which expire as described in our Privacy Policy, and copies that subscribers, recipients or services you connected have already received.
• You confirm that you have the rights you need to give us this license, including for personal information in Your Data, and that Your Data and our use of it as these Terms allow will not violate the law or anyone’s rights.
• No AI training. We do not use Your Data to train AI models, and the provider that runs our AI features is not allowed to use it to train theirs.
• Your workspace stays private. Apart from what you publish on status pages, Your Data is visible only to your workspace’s members, according to their role, and to the services you connect. Our people do not look at it except to help you when you ask, to keep the Services secure and running, to investigate abuse, or when the law requires it.
• We may use aggregated or de-identified information about how the Services are used, which does not identify you or include Your Data, to operate and improve them.

5. Monitoring responsibly

• Monitor only systems, URLs, hosts and domains that you own or are authorized to monitor. Checks send requests from our check regions at the interval you choose; you are responsible for that traffic being allowed (for example by your hosting provider or firewall).
• Credentials, tokens and headers you put in a monitor are sent to the target with every check. Use credentials made for monitoring, with the least access they need.
• Checks report what they observe from our regions. A result can differ from what your users see, and a monitor can miss an outage that happens between checks, in a region you don’t check from, or in a part of your system it doesn’t test.

6. On-call, paging and notifications

• You decide whom to page. Add people to schedules, escalation policies and notification rules only with their agreement to be contacted, and keep their contact details current. You are responsible for your own on-call arrangements, including working-time and labor rules that apply to the people you page.
• Delivery isn’t guaranteed. Notifications travel through networks and services we don’t control, such as mobile networks, Apple and Google push services, email providers and the integrations you connect. They can be delayed, filtered, silenced by device settings or lost. Test your paging (the dashboard’s “Send a test page”) and keep more than one channel in each person’s notification rules.
• Not a life-safety system. Do not use Pulseback as the only way to detect or respond to conditions that could cause death, injury or environmental damage.
• Text messages and phone calls are not offered at launch. If we add them, additional terms may apply.
• Replies to alert emails act on the incident as the person who was paged (“ack” acknowledges, “resolve” resolves, anything else becomes a note). Protect access to the inbox you are paged at.

7. Status pages and subscribers

• Status pages are public. You are responsible for what you publish on them, including incident updates, component names, logos and links, and for keeping them accurate.
• People subscribe to status-page updates themselves and confirm by email. Use subscribers’ email addresses only to send updates about that status page, and honor unsubscribes; every update we send carries an unsubscribe link.
• For a status page on your own domain, you must control that domain and keep its DNS pointed as the dashboard describes. Removing the domain from the page, or letting the DNS lapse, stops it from being served there.
• Some addresses on status.pulseback.io are reserved, and we may change a slug that impersonates us or someone else.

8. AI features

On the Starter, Team, Business and Enterprise plans, our AI features draft an incident’s “What we know” summary, suggest which recent deploy most likely caused it, and draft postmortems. To do that, we send incident data to the provider listed in our Privacy Policy, as it describes.

• Check what the AI writes. AI output can be wrong or incomplete, and a suggested cause is a hint, not a diagnosis. You are responsible for decisions you make during an incident and for postmortems and status updates you publish, including text an AI feature wrote.
• Who owns it. As between you and us, AI output you keep is Your Data. We do not promise that it is unique.
• Availability. AI features rely on a third-party provider and can be slow, limited or unavailable; paging and the rest of incident response never wait for them.

9. API keys, integrations and the Events API

• Treat API keys (pbk_…), integration keys and heartbeat URLs like passwords. Anyone who has one can act with it: an API key acts as an admin of its workspace, and an integration key or heartbeat URL can open or resolve alerts. Rotate or revoke them when someone leaves or a key may have been exposed.
• We limit how many requests can be made and how large they can be. Use the API and the Terraform provider only to work with your own workspaces, not to scrape the Services, get around plan or rate limits, or reach data you are not authorized to access.
• Integrations you connect, such as Slack, webhooks and your CI/CD systems, are your service providers, not ours. Outgoing webhooks are signed so you can verify they came from us; securing the endpoints that receive them is your responsibility.

10. Personal information you put in Pulseback

When Your Data includes personal information, such as the names, email addresses and devices of the people you page, the authors of deploys you send us, or your status pages’ subscribers, you are its controller (or “business”) and we process it on your behalf as your processor (or “service provider”) under our Data Processing Addendum. In summary, we will:

1. process it only to provide, secure and support the Services, as you direct through your use and settings (including the integrations you connect), or as the law requires;
2. not sell it, share it for cross-context behavioral advertising, or use it for any other commercial purpose;
3. not combine it with personal information we get from other sources, except as the law allows for service providers;
4. not use it to train AI models;
5. make sure the people we authorize to access it are bound by confidentiality obligations;
6. use subprocessors only under written terms that protect it, list them on our subprocessors page, and tell you before a new one starts processing it;
7. meet the obligations privacy laws place on us as your processor or service provider, tell you if we can no longer meet them, and let you take reasonable steps to stop and remediate unauthorized use;
8. help you respond to requests from the people it is about, and tell you without undue delay if we become aware of a security breach that affects it;
9. delete it when you delete it or your workspace, as our Privacy Policy describes.

To sign the DPA as a separate document, email privacy@pulseback.io.

11. Acceptable use

Don’t use the Services to:

• violate the law or anyone’s rights, including intellectual property, privacy and publicity rights;
• monitor, probe, scan or load-test systems you are not authorized to, or use checks to attack, overload or harass anyone;
• page, email or otherwise contact people who haven’t agreed to it, or send spam through status-page subscriptions or notifications;
• publish content on status pages that is deceptive, defamatory, obscene, harassing, hateful or harmful, or that impersonates another company, product or person, including Pulseback;
• build status pages or forms meant to collect passwords, payment details or other credentials;
• distribute malware, or access accounts, workspaces, data or systems you are not authorized to access;
• probe or test the security of the Services without following the rules on our security page;
• interfere with or overload the Services, or get around plan limits, rate limits or security measures;
• scrape the Services or use them to build a competing product;
• resell, sublicense or provide the Services to others, except by publishing status pages as the Services intend.

To report a status page or other content that breaks these rules, email legal@pulseback.io. We may take such content down and suspend the accounts behind it (section 16). For copyright complaints, see section 20.

12. Availability

We work to keep Pulseback, and above all checks and paging, running, and we publish our own status at status.pulseback.io/pulseback. We may briefly interrupt the Services for maintenance, which we try to schedule and announce there. We do not promise any level of availability unless we agree to one in writing as part of an Enterprise agreement, which then sets out the only remedies for missing it.

13. Our property and your feedback

The Services, including the software, the mobile app, the Terraform provider, design and the Pulseback name and logo, belong to us and our licensors. These Terms do not give you any rights to them beyond the right to use the Services as described here. While these Terms are in effect, we give you a limited, non-exclusive, non-transferable, revocable license to install and use the mobile app and the Terraform provider to use the Services; app stores’ terms also apply to the app. Except as the law or an open-source license that applies to a component permits, you may not copy, modify, decompile or reverse engineer the Services. If you send us feedback or suggestions, we may use them for any purpose without obligation to you.

14. Third-party services

The Services work with services we do not control, such as Stripe, Apple and Google push services, your identity provider for single sign-on, and the integrations you connect (such as Slack, webhooks and CI/CD systems). Their own terms govern your use of them, information you send them is under their control, and we are not responsible for them. A connection can stop working when one of those services changes.

15. Changes to the Services

We continually improve Pulseback and may add, change or remove features, including what each plan includes and its limits. Features marked beta, preview or coming soon may change or be withdrawn, and are provided as they are. If we remove a paid feature that a significant number of customers rely on, or materially reduce it, we will tell you at least 30 days in advance. If that change affects a billing period you have prepaid, you can email legal@pulseback.io before it takes effect to end your subscription on that date, and we will refund the fees you prepaid for the rest of that billing period.

16. Suspension and termination

• You can stop using the Services at any time, and cancel a paid plan from Billing.
• Deleting your account in the dashboard also deletes every workspace where you are the only member, with all its data, and cancels those workspaces’ subscriptions immediately, without a refund for the rest of the billing period. If you are the only admin of a workspace with other members, make someone else an admin first.
• Deleting a workspace (admins, in the dashboard) stops its monitors and deletes its monitors, check results, incidents, schedules, status pages, subscribers and integrations for every member, and cancels its subscription immediately, without a refund for the rest of the billing period. Deletion is permanent.
• Suspensions. We may suspend or terminate an account or workspace, or take down a status page, if we reasonably believe it breaks these Terms, if you do not pay, if the law requires it, or if it is needed to protect people or the Services. Because a suspension also stops checks and paging, we will tell you first and give you a chance to fix the problem wherever that is reasonable. If you think we made a mistake, email support@pulseback.io.
• When we close an account or workspace, its checks, paging and status pages stop and we delete its data as described in our Privacy Policy. Unless we closed it for a serious violation or the law prevents it, we will provide a copy of your data on reasonable request made within 30 days.
• Amounts owed under section 3 remain payable, and sections 4, 10, 13, 17, 18, 19, 21 and 23 continue to apply after these Terms end.

17. Disclaimers

The Services are provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Services will be uninterrupted, secure or error-free, that checks will detect every outage or never report a false one, that notifications will be delivered or delivered on time, that AI output will be accurate, or that integrations will work as you expect.

18. Limitation of liability

To the fullest extent the law allows, neither we nor our members, officers, employees or suppliers will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill or data, including losses from an outage, a missed or late alert, or a false alarm, arising out of or relating to these Terms or the Services, even if we were told they were possible.

Our total liability for all claims arising out of or relating to these Terms or the Services is limited to the greater of the amounts you paid us for the Services in the 12 months before the event giving rise to the claim, or $100.

These limits apply to every theory of liability, including contract, tort and negligence, and even if a remedy fails of its essential purpose. They do not limit liability for fraud, gross negligence, recklessness or intentional misconduct, or any other liability that cannot be limited by law.

19. Indemnity

You will defend, indemnify and hold harmless Simplisik LLC and its members, officers and employees from any third-party claim, and the resulting losses, damages, fines and reasonable costs (including attorneys’ fees), arising out of Your Data (including what you publish on status pages), the systems you monitor and the checks you configure, the people you page and the subscribers you email, how you collect or use personal information through the Services, what is done with your API keys and integrations, your breach of these Terms or your violation of the law. We will tell you about the claim promptly, let you control its defense, and cooperate at your expense. You may not settle a claim in a way that admits fault for us or binds us without our written consent.

20. Copyright complaints

We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act, including about material on a status page. To report content in the Services, send our copyright agent a notice that includes:

1. your physical or electronic signature;
2. the copyrighted work you say is infringed (or, if one notice covers several works, a representative list of them);
3. the material you say is infringing, with enough information to find it, such as the status page’s URL;
4. your name, address, telephone number and email address;
5. a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law;
6. a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on its behalf.

Our designated agent for notices is:

Copyright Agent, Simplisik LLC
5510 Old Hickory Blvd, Suite B #32
Hermitage, TN 37076
United States
615-879-5066
legal@pulseback.io

If we remove your content after a notice, you may send a counter-notice as the Act provides. We terminate, in appropriate circumstances, the accounts of repeat infringers.

21. Governing law and disputes

• Governing law. These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Tennessee and applicable US federal law, without regard to conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.
• Talk to us first. Before filing a lawsuit, the party with the dispute will send the other a written description of it, and both will try in good faith to resolve it for 30 days. Deadlines to bring the claim, including statutes of limitation, are paused during those 30 days. This step does not apply to a request for an injunction described below. Our notice address is in section 24.
• Where disputes are decided. Any lawsuit arising out of or relating to these Terms or the Services must be brought only in the state or federal courts located in Davidson County, Tennessee, and you and we consent to the personal jurisdiction of and venue in those courts. Either party may instead bring an individual claim in a small claims court (in Tennessee, a general sessions court) that has jurisdiction, as long as the claim stays in that court. Either party may also seek an injunction in any court with jurisdiction to protect its intellectual property or confidential information or to stop misuse of the Services.
• Jury trial waiver. To the fullest extent the law allows, you and we each waive the right to a trial by jury in any lawsuit arising out of or relating to these Terms or the Services. You and we each make this waiver knowingly and voluntarily.
• No class actions. To the fullest extent the law allows, you and we may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative action. If a court finds this waiver unenforceable for a claim, that claim will be decided only in the courts named above, and the rest of this section, including the jury trial waiver, still applies.

22. Changes to these terms

We may update these Terms. We will post the new version here with a new “Last updated” date. If a change is material, we will tell account holders by email at least 30 days before it takes effect, unless it is needed sooner for legal or security reasons. Terms that cover only a new feature apply to that feature as soon as you use it. If you do not agree to a material change, you can cancel before it takes effect. For a paid subscription, you can instead email legal@pulseback.io before the change takes effect to end your subscription on that date, and we will refund the fees you prepaid for the rest of that billing period. If you keep using the Services after a change takes effect, you accept the updated Terms. Changes to section 21 do not apply to a dispute that either party had already notified to the other. We keep earlier versions of these Terms and will send you a copy on request.

23. General

• Entire agreement. These Terms, our Privacy Policy, the DPA and any agreement we sign with you are the entire agreement between you and us about the Services.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them in connection with a merger, acquisition, reorganization or sale of assets.
• Severability and waiver. If a court finds part of these Terms unenforceable, it will be enforced to the maximum extent permitted and the rest stays in effect. Not enforcing a provision is not a waiver of it.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including failures of networks, carriers and push services, other than failures to pay.
• Notices. We may send you notices by email to your account address or in the dashboard. You agree that electronic notices and agreements satisfy any requirement that they be in writing. Legal notices to us must be sent to legal@pulseback.io, with a copy by mail to our postal address.
• Export and sanctions. You will comply with US export control and sanctions laws, and you confirm that you are not located in, or acting for anyone in, a country or on a list subject to US sanctions.
• Relationship. The parties are independent contractors. There are no third-party beneficiaries of these Terms, except that our members, officers, employees and suppliers may enforce section 18 and section 19.
• Interpretation. Headings are for convenience only, and “including” means “including without limitation”.

24. Contact

Questions about these Terms: legal@pulseback.io. Help with your account: support@pulseback.io or app.pulseback.io. Postal address for legal notices:

Simplisik LLC
Attn: Legal (Pulseback)
5510 Old Hickory Blvd, Suite B #32
Hermitage, TN 37076
United States