Terms of Service
Last Updated: January 2025
Fair, transparent terms that respect your rights
Plain English Summary
We believe in transparency. Here's what these Terms mean in plain English:
- Your Data is Yours: We never sell your data. You can export or delete it anytime.
- Cancel Anytime: No long-term contracts. Month-to-month only (unless you choose annual billing for a discount).
- 30-Day Money-Back Guarantee: Not happy? Get a full refund within 30 days.
- We're Responsible: Unlike most SaaS companies, we don't hide behind "AS IS" disclaimers. We stand behind our product.
- Your Legal Rights: You can sue us in court if needed. We don't force arbitration or ban class actions.
- Firebase Hosting: PulsePlus is hosted on Google Firebase (subject to 99.5%+ uptime SLA).
- Fair Pricing: We'll give you 30 days notice before any price changes.
The legal details are below, but if you have any questions, just email us at legal@happy-tech.biz
Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Happy Technologies LLC ("Company," "we," "us," or "our") concerning your access to and use of the PulsePlus platform and services.
By accessing or using PulsePlus, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the service.
Use License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Access and use PulsePlus for your organization's internal business purposes
- Allow authorized users within your organization to access and use the service
- Download and use any provided documentation or materials
Restrictions
You agree NOT to:
- Copy, modify, or create derivative works of PulsePlus
- Reverse engineer, decompile, or disassemble the service
- Remove or alter any proprietary notices or labels
- Use the service for any unlawful purpose
- Interfere with or disrupt the service or servers
- Attempt to gain unauthorized access to any part of the service
- Use the service to transmit viruses, malware, or harmful code
- Scrape, crawl, or use automated means to access the service without permission
User Accounts
To access certain features of PulsePlus, you must register for an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your account information
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized access
- Accept responsibility for all activities under your account
We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent or harmful conduct. We'll provide you with notice and an opportunity to cure violations when possible.
Subscription and Payment
Subscription Plans
PulsePlus offers various subscription plans as described on our pricing page. Current pricing: Starter ($10/user/month), Professional ($15/user/month), Enterprise ($25/user/month).
Billing
- Subscription fees are billed in advance on a monthly or annual basis
- You authorize us to charge your payment method for all applicable fees
- All plans are month-to-month with no long-term commitments (unless you choose annual billing)
- Annual billing includes a 15% discount and is billed annually
- We'll provide 30 days notice before any price changes
- Price changes don't apply to current subscriptions until renewal
30-Day Money-Back Guarantee
We offer a 30-day money-back guarantee on all new subscriptions. If you're not satisfied with PulsePlus for any reason, contact us within 30 days of your initial purchase for a full refund. No questions asked.
After 30 days, fees are non-refundable except as required by law or in cases of billing errors.
User Content & Data Ownership
"User Content" means any data, information, or content you submit or upload to PulsePlus, including achievements, objectives, user profiles, and organizational data.
Your Data is Yours
You retain all ownership rights to your User Content. We claim NO ownership over your data.
- We NEVER sell your data to third parties
- You can export your data anytime in standard formats (CSV, JSON)
- You can request full deletion of your data (we'll comply within 30 days)
- We don't use your data to train AI models without explicit permission
Your Responsibilities
You are solely responsible for your User Content and represent that:
- You have all necessary rights to submit the content
- The content does not violate any laws or rights of others
- The content does not contain malware or harmful code
- The content complies with these Terms
License to Operate the Service
You grant us a limited, worldwide, non-exclusive, royalty-free license to use, store, process, and display your User Content solely to provide and improve PulsePlus. This license ends when you delete your content or close your account.
Intellectual Property
PulsePlus and all related content, features, and functionality are owned by Happy Technologies LLC and are protected by copyright, trademark, patent, and other intellectual property laws.
Our trademarks may not be used without our prior written permission. All other trademarks are the property of their respective owners.
Prohibited Activities
You may not access or use PulsePlus for any purpose other than that for which we make the service available. Prohibited activities include:
- Violating any applicable laws or regulations
- Infringing on intellectual property rights
- Harassing, abusing, or harming others
- Impersonating others or providing false information
- Distributing spam or unsolicited messages
- Engaging in any automated use of the system without permission
- Interfering with security features
- Attempting to bypass usage limits or restrictions
Service Commitments & Availability
Our Commitments to You
Unlike most SaaS companies, we don't hide behind "AS IS" disclaimers. We're committed to providing a quality service:
- Uptime Target: We aim for 99.5% uptime (hosted on Google Firebase infrastructure)
- Support Response: We respond to support requests within 48 hours (24 hours for Professional+ plans)
- Data Security: We use industry-standard encryption and security practices
- Regular Updates: We continuously improve and update the platform
Limitations (The Fine Print)
That said, as a 1-person startup using Firebase hosting, we must be realistic:
- We cannot guarantee 100% uninterrupted or error-free operation
- We depend on third-party services (Firebase/Google Cloud) for infrastructure
- Scheduled maintenance may cause brief downtime (we'll notify you in advance)
- We'll do our best to fix bugs, but can't guarantee all defects will be corrected immediately
We reserve the right to modify, suspend, or discontinue any part of the service at any time. If we discontinue the service entirely, we'll provide 90 days notice and offer refunds for unused subscription periods.
Liability & Responsibility
We believe in being responsible for our product. Here's what you can hold us accountable for:
What We're Liable For
- Direct damages caused by our negligence or willful misconduct
- Data loss caused by our failure to maintain backups (we maintain 30-day backups)
- Security breaches caused by our failure to follow industry-standard security practices
Liability Cap
Our total liability for any claims shall not exceed the GREATER of:
- The amount you paid us in the 12 months preceding the claim, OR
- $1,000 (minimum liability floor)
Note: As a 1-person startup, we don't yet carry professional liability insurance, but we're researching options. We'll update these terms when we secure coverage.
What We're NOT Liable For
We cannot be held responsible for:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, or business opportunities
- Third-party service failures (Firebase, Google Cloud outages)
- Damages caused by your misuse of the service
- Data loss caused by your failure to export backups
Indemnification
You agree to indemnify, defend, and hold harmless Happy Technologies LLC and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:
- Your use of PulsePlus
- Your violation of these Terms
- Your violation of any rights of others
- Your User Content
Termination & Cancellation
By You (Anytime)
You may cancel your subscription at any time by:
- Using the cancellation feature in your account settings, OR
- Emailing us at support@happy-tech.biz
Your cancellation takes effect at the end of your current billing period. You retain access until then. You remain responsible for all fees incurred before cancellation.
By Us (With Notice)
We may terminate or suspend your access if you:
- Breach these Terms and fail to cure within 14 days of notice
- Fail to pay applicable fees after 30 days past due
- Engage in fraudulent or illegal activities
- Abuse or misuse the service (excessive API calls, attempts to hack, etc.)
We'll provide advance notice when possible, except in cases of illegal activity or serious security threats.
After Termination
Upon termination:
- Your access to PulsePlus immediately ceases
- You have 30 days to export your data (we'll keep it available)
- After 30 days, we may delete your account and User Content
- You remain liable for all fees owed through termination
Dispute Resolution - Your Legal Rights
⚖️ We Respect Your Legal Rights
Unlike many SaaS companies, we do NOT force you into binding arbitration or ban class action lawsuits. You have the right to sue us in court if needed.
Governing Law
These Terms are governed by the laws of the Commonwealth of Virginia and the United States, without regard to conflict of law principles.
Venue
Any legal disputes shall be resolved in the state or federal courts located in Arlington, Virginia. Both parties consent to the exclusive jurisdiction of these courts.
Informal Resolution First
Before filing a lawsuit, we ask that you first try to resolve the dispute informally by emailing us at legal@happy-tech.biz. We commit to responding within 14 days and working in good faith to resolve your concerns.
Optional Mediation
If we can't resolve a dispute informally, either party may propose non-binding mediation before pursuing litigation. Mediation costs would be split equally.
Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
- Posting the updated Terms on this page
- Updating the "Last Updated" date
- Sending you an email notification at least 30 days in advance
If you don't agree to the changes, you may cancel your subscription before the changes take effect. Your continued use of PulsePlus after changes become effective constitutes acceptance of the modified Terms.
We'll maintain a changelog of all material changes to these Terms at /terms/changelog (coming soon).
General Provisions
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Happy Technologies LLC regarding PulsePlus.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations to a successor entity (e.g., in case of acquisition).
Force Majeure
Neither party shall be liable for failure to perform due to causes beyond reasonable control, including acts of God, war, strikes, or internet service failures.
Contact Information
If you have questions about these Terms, please contact us:
Happy Technologies LLCLegal Questions: legal@happy-tech.biz
General Inquiries: sales@happy-tech.biz
Phone: +1 (571) 535-4411
Website: happy-tech.biz