Terms of Service

1. Services

BindPulse provides AI-powered automation solutions for independent insurance agencies, including but not limited to lead capture, follow-up, booking, and referral nurturing services, as further described in your service agreement or order form.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at our discretion without liability, provided that we will fulfill any pre-paid contractual obligations.

2. Eligibility

You represent and warrant that you:

• Are at least 18 years of age.
• Are authorized to enter into binding contracts on behalf of your business.
• Will use the Services solely for lawful purposes.

3. Fees and Payment

• Fees for the Services are set forth in your signed service agreement, order form, or online checkout.
• All fees are due in U.S. dollars and are non-refundable except as expressly stated in writing.
• Recurring fees will be billed automatically unless canceled in accordance with Section 8 (Termination).
• Late payments may result in suspension of Services and incur interest at the lesser of 1.5% per month or the maximum allowed by law.
• Client is responsible for all taxes, duties, and government charges, except for taxes based on BindPulse's income.

4. Client Responsibilities

You agree to:

• Provide accurate and complete information for account setup and billing.
• Maintain the security of your accounts, passwords, and access credentials.
• Use the Services in compliance with all applicable laws, including but not limited to CAN-SPAM, TCPA, and state insurance regulations.
• Obtain any required consents before sending marketing communications through the Services.
• Not upload, transmit, or store any harmful code, illegal content, or infringing materials.

5. Prohibited Uses

You may not use the Services to:

• Engage in fraudulent, deceptive, or unlawful practices.
• Interfere with or disrupt the integrity or performance of the Services.
• Attempt to gain unauthorized access to any systems or networks.
• Reverse-engineer, copy, or create derivative works based on our Services or technology.

6. Intellectual Property

• All content, software, algorithms, workflows, and other materials used in or provided through the Services are the exclusive property of BindPulse or its licensors.
• No rights or licenses are granted except as expressly set forth in these Terms.
• You may not use BindPulse's name, logo, or trademarks without prior written consent.

7. Confidentiality

• "Confidential Information" means all non-public information disclosed by either party that is designated as confidential or that a reasonable person would understand to be confidential.
• Both parties agree to use Confidential Information solely for the purpose of fulfilling their obligations under these Terms and to protect it from unauthorized use or disclosure.
• This obligation survives termination of the Services.

8. Term and Termination

• These Terms commence upon your first use of the Services and continue until terminated.
• Either party may terminate by providing written notice in accordance with the cancellation terms of your service agreement.
• BindPulse may terminate or suspend access immediately for violation of these Terms, non-payment, or suspected unlawful activity.
• Upon termination, you must immediately cease use of the Services and pay all outstanding amounts due.

9. Disclaimer of Warranties

The Services are provided "AS IS" and "AS AVAILABLE." BindPulse disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, or completely secure.

10. Limitation of Liability

To the maximum extent permitted by law:

• BindPulse shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, even if advised of the possibility of such damages.
• Our total liability for any claim arising out of or relating to these Terms or the Services shall not exceed the total amount paid by you to BindPulse in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless BindPulse, its affiliates, officers, directors, employees, and contractors from and against any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services.
• Your violation of these Terms or any applicable law.
• Any content or data you provide through the Services.

12. Force Majeure

BindPulse shall not be liable for any failure or delay caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, labor disputes, government actions, internet or telecommunications failures, or third-party service interruptions.

13. Governing Law and Dispute Resolution

• These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflicts of law principles.
• Any disputes shall be resolved exclusively in the state or federal courts located in Wyoming. You consent to the personal jurisdiction of such courts.
• The parties waive the right to a jury trial.

14. Changes to Terms

BindPulse may modify these Terms at any time. Material changes will be posted on our Site and emailed to active clients. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

15. Entire Agreement

These Terms, along with any executed service agreements and our Privacy Policy, constitute the entire agreement between you and BindPulse and supersede all prior understandings.

16. Contact Information