Terms of Use

1. Definitions

"Agreement" — These Terms of Use, together with any Order Forms, Schedules, and addenda incorporated herein by reference, as may be amended from time to time in accordance with Section 24.

"Authorized User" — Any individual employee, contractor, or agent of the Customer who is authorized by the Customer to access and use the Platform under the Customer's Enterprise Subscription, and for whom a unique user account has been created.

"Beta Features" — Any features or functionalities of the Platform made available to the Customer on a preview, pilot, or early access basis, which are expressly designated as "beta," "preview," or "experimental" by Pulsus.

"Confidential Information" — Any non-public information disclosed by either party to the other party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

"Customer" — The enterprise organization or entity that has executed an Order Form with Pulsus and accepted these Terms of Use.

"Customer Data" — All data, information, and content submitted, uploaded, or otherwise transmitted by the Customer or Authorized Users to the Platform, including Technology Inventory Data, Application Metadata, Infrastructure Metadata, and any configurations or derived outputs generated through Customer use of the Platform.

"Enterprise Subscription" — The subscription tier purchased by the Customer as set out in the applicable Order Form, which grants the Customer the right to access and use the Platform for the subscription term specified therein.

"Intellectual Property Rights" — All patents, copyrights, trademarks, trade secrets, database rights, moral rights, and any other intellectual property rights, whether registered or unregistered, arising anywhere in the world.

"Order Form" — The written or electronic order document executed between Pulsus and the Customer that specifies the Enterprise Subscription tier, number of Authorized Users, fees, subscription term, and any additional terms applicable to the Customer's use of the Platform.

"Platform" — The Pulsus Technology Risk Intelligence Platform, including all software, services, APIs, interfaces, tools, and content provided by Pulsus under this Agreement, whether accessed via web browser, API, or other means.

"Technology Inventory Data" — Data relating to the Customer's technology assets, including hardware assets, software applications, infrastructure components, network devices, and associated metadata such as vendor, version, end-of-life dates, and lifecycle status.

"Third-Party Data Sources" — Data feeds, databases, and information services provided by third parties (including technology lifecycle vendors, CVE databases, and public security advisories) that are integrated into the Platform.

2. Acceptance of Terms

2.1 By accessing or using the Platform, the Customer agrees to be bound by this Agreement. If the Customer does not agree to these Terms, it must not access or use the Platform.

2.2 This Agreement is entered into between Pulsus and the Customer identified in the applicable Order Form. The individual accepting these Terms on behalf of the Customer represents and warrants that they have the authority to bind the Customer.

2.3 If the Customer is accessing the Platform pursuant to a free trial or evaluation period, these Terms apply in full during such period.

2.4 Pulsus reserves the right to modify these Terms at any time. Material changes will be communicated with not less than thirty (30) days' notice. Continued use constitutes acceptance of the revised Terms.

3. Enterprise Subscription

3.1 Subject to this Agreement, Pulsus grants the Customer a non-exclusive, non-transferable, limited right to access and use the Platform during the subscription term, solely for the Customer's internal business purposes.

3.2 The Enterprise Subscription includes the features and service levels specified in the applicable Order Form.

3.3 The Customer's right to access the Platform is contingent upon timely payment of all fees. Pulsus reserves the right to suspend access upon non-payment following ten (10) days' written notice.

3.4 The Enterprise Subscription is not transferable and may not be sublicensed without the prior written consent of Pulsus.

3.5 Any expansion of scope, including additional Authorized Users or modules, shall be subject to a mutually executed amendment to the Order Form.

4. Authorized Users

4.1 The Customer may designate Authorized Users up to the maximum number specified in the applicable Order Form.

4.2 The Customer is responsible for all acts and omissions of its Authorized Users. Any breach of these Terms by an Authorized User shall be deemed a breach by the Customer.

4.3 The Customer shall promptly notify Pulsus of any unauthorized access to Authorized User credentials.

4.4 User accounts are personal and may not be shared between individuals.

4.5 Upon termination or departure of an Authorized User, the Customer shall promptly deactivate the relevant user account.

5. Account Security

5.1 The Customer shall implement and maintain appropriate technical and organizational measures to protect Authorized User credentials and prevent unauthorized access.

5.2 The Customer shall require all Authorized Users to maintain strong, unique passwords in accordance with Pulsus's password policy.

5.3 Where multi-factor authentication (MFA) is available, the Customer is strongly encouraged — and in certain subscription tiers required — to enforce MFA for all Authorized Users.

5.4 The Customer shall promptly report any suspected or actual security breach via the designated security incident channel set out in Section 24.

5.5 Pulsus shall not be liable for losses arising from the Customer's failure to comply with account security requirements.

6. Role-Based Access Control

6.1 The Platform implements role-based access control (RBAC) to enable the Customer to define and manage data and features accessible to different categories of Authorized Users.

6.2 The Customer is responsible for configuring and maintaining appropriate RBAC settings in line with the principle of least privilege.

6.3 Pulsus provides the following default role categories:

• Platform Administrator — full administrative access to all Platform features and user management
• Risk Manager — access to risk assessment, reporting, and Technology Inventory Data management
• Read-Only Viewer — view dashboards and reports without the ability to modify data
• API Integration User — programmatic access via API for integration purposes only

6.4 The Customer shall review and audit RBAC configurations no less than quarterly.

7. Customer Responsibilities

7.1 The Customer shall:

• Ensure that its use of the Platform complies with all applicable laws and regulations
• Provide accurate and complete information in connection with its Enterprise Subscription and Technology Inventory Data
• Maintain the accuracy and currency of Technology Inventory Data uploaded to the Platform
• Cooperate with Pulsus in connection with any investigation of suspected security incidents
• Ensure that Authorized Users receive appropriate training prior to accessing the Platform
• Maintain adequate backup and security measures for data not within the control of Pulsus

7.2 The Customer acknowledges that the accuracy of Platform outputs depends on the quality and completeness of Customer Data submitted. Pulsus shall not be responsible for inaccurate outputs resulting from inaccurate Customer Data.

8. Acceptable Use

8.1 The Customer shall not, and shall ensure that Authorized Users do not:

• Use the Platform for any unlawful purpose or in violation of applicable law
• Reverse engineer, decompile, or disassemble the Platform
• Copy, reproduce, modify, or create derivative works of the Platform
• Sell, resell, sublicense, or otherwise transfer access to the Platform to any third party
• Access the Platform for the purpose of building a competing product or service
• Circumvent or interfere with security-related features of the Platform
• Upload content that is unlawful, harmful, infringing, or contains malicious code
• Use automated means to access the Platform other than as expressly permitted by the Documentation
• Interfere with or disrupt the integrity or performance of the Platform

8.2 Pulsus reserves the right to immediately suspend access where it reasonably believes the Customer or any Authorized User is engaged in prohibited conduct, pending investigation.

9. Technology Inventory Responsibilities

9.1 The Customer is solely responsible for the completeness, accuracy, and currency of Technology Inventory Data submitted to the Platform.

9.2 The Customer acknowledges that risk intelligence outputs are based in part on Technology Inventory Data provided by the Customer, and that incomplete or inaccurate data may result in incomplete or inaccurate risk assessments.

9.3 The Customer shall designate a Technology Inventory Administrator responsible for maintaining the accuracy of Technology Inventory Data.

10. Third-Party Data Sources

10.1 The Platform integrates data from Third-Party Data Sources, including technology lifecycle databases, vulnerability feeds, and public security advisories.

10.2 Pulsus does not warrant the accuracy, completeness, or timeliness of data obtained from Third-Party Data Sources.

10.3 Lifecycle data is provided for informational purposes only. The Customer should independently verify lifecycle information for critical risk management decisions.

10.4 Pulsus may add, modify, or discontinue Third-Party Data Source integrations at any time, with not less than sixty (60) days' notice for material discontinuations.

11. Intellectual Property

11.1 Pulsus and its licensors retain all Intellectual Property Rights in and to the Platform, Documentation, and all underlying technology, algorithms, models, and methodologies.

11.2 Nothing in this Agreement shall be construed as transferring any Intellectual Property Rights to the Customer.

11.3 The Customer retains all Intellectual Property Rights in and to Customer Data.

11.4 Pulsus shall not use Customer Data for any purpose other than providing the Platform services — including without limitation for training machine learning models — without the Customer's express written consent.

11.5 If the Customer provides Feedback regarding the Platform, the Customer grants Pulsus a perpetual, irrevocable, royalty-free license to use such Feedback for any purpose.

12. Customer Data Ownership

12.1 As between the parties, the Customer is and shall remain the sole and exclusive owner of all Customer Data.

12.2 Pulsus acts as a data processor with respect to any personal data included within Customer Data, and shall process such data only in accordance with the Customer's documented instructions.

12.3 Upon termination or expiration of this Agreement, Pulsus shall, at the Customer's election: (a) return all Customer Data in a standard machine-readable format; or (b) securely delete all Customer Data, within thirty (30) days of the effective date of termination.

13. License Grant

13.1 Subject to the terms of this Agreement and timely payment of all applicable fees, Pulsus grants the Customer a non-exclusive, non-transferable, non-sublicensable license during the subscription term to:

• Access and use the Platform solely for the Customer's internal business purposes
• Permit Authorized Users to access and use the Platform in accordance with this Agreement
• Access and use the Documentation for purposes of supporting the Customer's use of the Platform
• Use any APIs provided by Pulsus for integration with the Customer's internal systems

13.2 All rights not expressly granted herein are reserved to Pulsus.

14. Service Availability

14.1 Pulsus shall use commercially reasonable efforts to ensure that the Platform is available 24/7, with a target monthly uptime of not less than 99.5%, excluding Scheduled Maintenance Windows.

14.2 Service availability commitments are set out in the applicable Order Form. Where a Service Level Agreement (SLA) is included in the Order Form, the SLA terms shall govern in the event of any conflict.

14.3 Pulsus shall not be liable for unavailability resulting from: Scheduled Maintenance Windows; Customer-caused outages or misconfigurations; force majeure events; or third-party infrastructure failures beyond Pulsus's reasonable control.

15. Maintenance Windows

15.1 Pulsus reserves the right to conduct routine maintenance to ensure performance, security, and stability of the Platform.

15.2 Pulsus will use commercially reasonable efforts to schedule routine maintenance during low-traffic periods and will provide not less than forty-eight (48) hours' prior notice.

15.3 Emergency maintenance required to address critical security vulnerabilities may be undertaken without advance notice.

15.4 Scheduled Maintenance Windows will not be counted against the Platform's uptime commitment.

16. Beta Features

16.1 Pulsus may make Beta Features available to the Customer. Beta Features are provided on an "as-is" basis and may be subject to additional terms.

16.2 Beta Features are not subject to Pulsus's standard service availability commitments and may be discontinued at any time without notice.

16.3 Pulsus recommends that Beta Features not be used in production environments without adequate testing.

17. Confidentiality

17.1 Each party agrees to hold the other party's Confidential Information in strict confidence and to use such information only for purposes of exercising its rights or performing its obligations under this Agreement.

17.2 Each party shall implement reasonable safeguards to protect the other party's Confidential Information from unauthorized disclosure.

17.3 Confidentiality obligations shall not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party; or (d) is required to be disclosed by applicable law or court order.

17.4 Confidentiality obligations survive termination for three (3) years, except with respect to trade secrets, which shall be maintained in confidence indefinitely.

18. Export Restrictions

18.1 The Customer acknowledges that the Platform may be subject to export control laws and regulations.

18.2 The Customer shall not export, re-export, or transfer the Platform in violation of applicable export control laws.

18.3 The Customer represents that it is not located in, under the control of, or a national or resident of any country to which export of the Platform would be prohibited.

19. Indemnification

19.1 Customer Indemnification. The Customer shall indemnify, defend, and hold harmless Pulsus and its officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses arising out of or relating to: the Customer's breach of this Agreement; the Customer's use of the Platform in violation of applicable law; any claim that Customer Data infringes third-party rights; or any acts or omissions of Authorized Users.

19.2 Pulsus Indemnification. Pulsus shall indemnify, defend, and hold harmless the Customer from and against any third-party claim that the Platform, as provided by Pulsus and used in accordance with this Agreement, infringes any Intellectual Property Rights of such third party, provided that the Customer: promptly notifies Pulsus; grants Pulsus sole control over the defense; and cooperates with Pulsus in the defense.

20. Limitation of Liability

20.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL.

20.2 PULSUS'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO PULSUS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

20.3 These limitations shall not apply to: a party's willful misconduct or fraud; death or personal injury caused by negligence; a party's indemnification obligations; or the Customer's breach of Sections 8 or 11.

21. Warranties

21.1 Pulsus Warranties. Pulsus represents and warrants that: the Platform will perform materially in accordance with the Documentation; Pulsus will implement reasonable security measures; and Pulsus has the right to grant the licenses set out in this Agreement.

21.2 Disclaimer. EXCEPT AS EXPRESSLY SET OUT IN SECTION 21.1, THE PLATFORM IS PROVIDED "AS IS" AND PULSUS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

21.3 Customer Warranties. The Customer represents and warrants that: it has authority to enter into this Agreement; Customer Data does not infringe third-party rights or violate privacy laws; and its use of the Platform will comply with all applicable laws.

22. Termination

22.1 This Agreement shall commence on the Effective Date and continue for the subscription term, unless earlier terminated.

22.2 Either party may terminate upon thirty (30) days' written notice if the other party materially breaches this Agreement and fails to cure such breach within such period.

22.3 Pulsus may immediately terminate if: the Customer fails to pay fees after ten (10) days' written notice; the Customer becomes insolvent; or the Customer breaches Sections 8 or 11.

22.4 Upon termination: all licenses immediately terminate; the Customer shall cease all use of the Platform; and the data return and deletion provisions of Section 12.3 shall apply.

22.5 Sections 11, 12, 17, 19, 20, 22, 23, and 24 shall survive termination.

23. Governing Law

23.1 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Pulsus is incorporated, without regard to its conflict of laws principles.

23.2 Any dispute that cannot be resolved by good-faith negotiation within thirty (30) days shall be submitted to binding arbitration.

23.3 Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its Intellectual Property Rights or Confidential Information.

24. Contact Information

For notices, legal inquiries, and security reports relating to this Agreement:

• Legal & Compliance: legal@pulsus.tech
• Security Reports: security@pulsus.tech
• Support: support@pulsus.tech