Terms of Service

These Terms constitute a legally binding agreement between you (“User”, “you”) and CognitivPulse (“Company”, “we”, “us”). If you are using CognitivPulse on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

You must be at least 16 years old to use CognitivPulse.

CognitivPulse is a digital marketing automation platform that provides:

• Email campaign creation, scheduling, and analytics.
• Social media post scheduling across connected platforms.
• Contact and lead management.
• AI-assisted content generation.
• Reporting and analytics dashboards.

We reserve the right to modify, suspend, or discontinue any part of the service at any time, with reasonable notice where practicable.

• You must provide accurate and complete registration information.
• You are responsible for maintaining the confidentiality of your password and all activity under your account.
• You must notify us immediately at security@cognitivpulse.com if you suspect any unauthorised use or security breach.
• You may not share your account credentials or allow others to access your account.

You agree not to use CognitivPulse to:

• Send spam, unsolicited commercial email, or any communication that violates CAN-SPAM, CASL, GDPR, or any other applicable law.
• Upload or distribute malware, viruses, or malicious code.
• Harvest or collect email addresses or personal data without consent.
• Impersonate any person or entity or misrepresent your affiliation.
• Engage in phishing, fraud, or deceptive practices.
• Circumvent, disable, or interfere with security features of the platform.
• Use the platform to send content that is illegal, defamatory, obscene, or infringes on the rights of others.
• Resell or sublicense access to the platform without our express written consent.

We reserve the right to suspend or terminate accounts that violate these rules without refund.

• CognitivPulse offers both free and paid subscription plans. Plan details and pricing are published on our pricing page.
• Paid subscriptions are billed in advance on a monthly or annual basis via Stripe.
• All fees are non-refundable except as required by applicable law or as expressly stated in our refund policy.
• We reserve the right to change pricing with at least 30 days' notice. Continued use after the effective date constitutes acceptance.
• If payment fails, we will attempt to re-charge. Access may be downgraded or suspended after repeated failures.

We may offer free trials at our discretion. At the end of a trial period, your account will automatically convert to a paid plan unless you cancel before the trial ends. You can cancel at any time from your account settings.

Our platform: All software, designs, logos, trademarks, and content comprising CognitivPulse are owned by or licensed to us. You receive a limited, non-exclusive, non-transferable licence to use the platform for your internal business purposes.

Your content: You retain all ownership of content you create and upload to CognitivPulse (campaigns, copy, images, lists). By uploading content, you grant us a limited licence to process and display that content solely for the purpose of providing the service.

You represent and warrant that you own or have the necessary rights to all content you submit, and that such content does not infringe any third-party rights.

Your use of CognitivPulse is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

For customers operating in the EEA or UK, we act as a data processor with respect to your contact and subscriber data. You are the data controller and remain responsible for ensuring you have appropriate consent to email your subscribers.

CognitivPulse integrates with third-party platforms (Facebook, LinkedIn, Twitter/X, Instagram, Stripe, etc.). Your use of these integrations is subject to the respective third parties' terms of service. We are not responsible for the availability, accuracy, or policies of third-party services.

CognitivPulse is provided “as is” and “as available” without warranties of any kind, express or implied. We do not warrant that:

• The platform will be uninterrupted, error-free, or secure.
• Results obtained through the platform will be accurate or reliable.
• Any defects will be corrected.

Your use of the platform is at your own risk.

To the maximum extent permitted by applicable law, CognitivPulse and its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, or goodwill — arising from your use of or inability to use the platform.

Our total aggregate liability to you for any claim arising out of or relating to these Terms shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) USD $100.

You agree to indemnify, defend, and hold harmless CognitivPulse and its affiliates from any claims, damages, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the platform, (b) your content, (c) your violation of these Terms, or (d) your violation of any third-party rights.

By you: You may cancel your account at any time from your account settings. Cancellation takes effect at the end of the current billing period.

By us: We may suspend or terminate your account with immediate effect if you violate these Terms, with or without notice. We may also terminate accounts on free plans that have been inactive for more than 12 months.

Upon termination, your access to the platform will cease. You may request an export of your data within 30 days of termination.

These Terms are governed by the laws of the jurisdiction in which CognitivPulse is incorporated, without regard to conflict of law principles.

Any disputes shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes may be submitted to binding arbitration in accordance with applicable arbitration rules, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

We may update these Terms at any time. For material changes, we will provide at least 14 days' notice via email or an in-app notification. Continued use of the platform after the effective date constitutes your acceptance of the revised Terms.

Questions about these Terms?

• Email: legal@cognitivpulse.com
• Contact form: cognitivpulse.com/contact