Terms and Conditions

1. Acceptance of Terms

By accessing or using the PulseCargo.ai platform (the "Platform"), including any associated websites, applications, APIs, and services, you ("User," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"). If you are accessing the Platform on behalf of a company or other legal entity ("Organization"), you represent that you have the authority to bind that Organization to these Terms, and "you" and "your" shall refer to both you individually and the Organization.

If you do not agree to these Terms, you must not access or use the Platform. Your continued use of the Platform after any modifications to these Terms constitutes your acceptance of such modifications.

2. Description of Service

PulseCargo.ai is a Synthetic Intelligence supply chain intelligence platform that provides shipment tracking, purchase order management, invoice reconciliation, analytics, document management, and Synthetic Intelligence-driven insights for freight forwarders, third-party logistics providers (3PLs), and their customers.

The Platform connects to your transportation management system (TMS) or enterprise resource planning (ERP) system via API integration to synchronize shipment, financial, and operational data. The Platform processes this data using artificial intelligence to provide analytics, anomaly detection, predictive modeling, and conversational query capabilities.

Features and functionality may vary based on your subscription tier and add-on modules as described in your Order Form or service agreement.

3. Account Registration and Security

To access the Platform, you must create an account by providing accurate, current, and complete registration information. You are responsible for maintaining the confidentiality of your account credentials, including your password and any multi-factor authentication methods.

You agree to immediately notify PulseCargo.ai of any unauthorized use of your account or any other security breach. PulseCargo.ai will not be liable for any loss or damage arising from your failure to protect your account credentials.

You are responsible for all activities that occur under your account, whether or not authorized by you. You may not share your login credentials with any other person. Each user must have their own individual account.

PulseCargo.ai reserves the right to suspend or terminate your account if any information provided during registration or thereafter is found to be inaccurate, false, or incomplete.

4. User Roles and Access Levels

The Platform supports multiple user roles with different levels of access and permissions:

Administrator Users are designated by the subscribing Organization and have full access to Platform configuration, user management, billing settings, and all data within the Organization's tenant. Administrators are responsible for managing their Organization's users and access permissions.

Standard Users are internal team members of the subscribing Organization with access as configured by the Administrator. Access to specific modules and features is determined by the role-based access control (RBAC) settings.

End Users are customers of the subscribing Organization (such as shippers, consignees, or importers) who are granted limited access to the Platform to view their shipment data, documents, and invoices. End Users may only access data associated with their own shipments and accounts.

You agree to assign user roles appropriately and ensure that each user has the minimum level of access necessary for their function.

5. Acceptable Use

You agree to use the Platform only for its intended purpose of supply chain management, logistics operations, and related business activities. You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation, including trade sanctions, export controls, and anti-money laundering laws.
• Attempt to gain unauthorized access to the Platform, other user accounts, computer systems, or networks connected to the Platform through hacking, password mining, or any other means.
• Interfere with or disrupt the Platform or servers or networks connected to the Platform, including by transmitting any malware, worms, viruses, or other destructive code.
• Use any robot, spider, scraper, or other automated means to access the Platform without PulseCargo.ai's express written permission.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform.
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Platform.
• Resell, sublicense, or redistribute access to the Platform unless expressly authorized in writing.
• Use the Synthetic Intelligence features to generate content that is misleading, fraudulent, or harmful, or to attempt to extract proprietary model information.

6. Data Ownership and Privacy

Your Data. You retain all right, title, and interest in and to the data you upload to or synchronize with the Platform ("Customer Data"). Customer Data includes shipment records, purchase orders, invoices, documents, customer information, and any other data originating from your systems. PulseCargo.ai does not claim ownership of your Customer Data.

License to PulseCargo.ai. By using the Platform, you grant PulseCargo.ai a limited, non-exclusive, worldwide license to use, process, store, and transmit your Customer Data solely for the purpose of providing the Platform services to you and your authorized users. This license includes the right to process your data through AI models to generate insights, predictions, and analytics for your benefit.

Tenant Isolation. The Platform employs database-level tenant isolation. Your Customer Data is logically and physically separated from other organizations' data. AI models process your data exclusively within your tenant scope. No cross-tenant data access occurs at any time.

Data Processing. PulseCargo.ai processes Customer Data using cloud-based infrastructure hosted on Microsoft Azure. Data may be processed by AI models provided by Azure OpenAI services. PulseCargo.ai does not use your Customer Data to train AI models for other customers or for general model improvement.

Privacy Policy. PulseCargo.ai's collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for providing any required notices to and obtaining any required consents from your End Users regarding the collection and processing of their personal information through the Platform.

Data Retention. Upon termination of your subscription, PulseCargo.ai will retain your Customer Data for thirty (30) days, during which you may request export of your data in CSV or JSON format. After the retention period, your Customer Data will be permanently deleted from PulseCargo.ai's systems, including backups, within ninety (90) days.

7. Synthetic Intelligence Features Disclaimer

The Platform includes Synthetic Intelligence features such as conversational querying, predictive analytics, anomaly detection, carrier scoring, and document extraction. These features are provided as decision-support tools and are not a substitute for professional judgment.

Intelligence-Generated Content. Responses generated by the Synthetic Intelligence chat, predictive ETA estimates, anomaly flags, carrier scores, and other Intelligence outputs are provided on an "as is" basis. While PulseCargo.ai strives for accuracy, Intelligence outputs may contain errors, inaccuracies, or omissions. You should independently verify Intelligence-generated insights before making business decisions based on them.

No Financial or Legal Advice. Intelligence-generated analyses of invoices, charges, discrepancies, and costs are informational tools only. They do not constitute financial, legal, or professional advice. You are solely responsible for decisions made based on Platform outputs, including invoice approvals, dispute filings, and carrier selection.

Continuous Improvement. AI models may be updated periodically to improve accuracy and functionality. Such updates may change how results are calculated or presented. PulseCargo.ai will endeavor to notify you of material changes to Synthetic Intelligence capabilities.

Usage Limits. Synthetic Intelligence features may be subject to query limits based on your subscription tier. Usage beyond your allocated limits may result in throttled performance or additional fees as specified in your service agreement.

8. Payment Terms

If you are accessing the Platform as an End User (customer of a subscribing Organization), payment for Platform access is managed by your service provider. These payment terms apply to subscribing Organizations.

Subscription fees, billing frequency, and payment terms are specified in your Order Form or service agreement with PulseCargo.ai. All fees are exclusive of applicable taxes unless stated otherwise.

If you use the Platform's integrated payment processing features to collect payments from your customers, you agree to comply with the terms of the applicable payment processor (e.g., Stripe, PayPal) and any applicable laws governing payment processing, including PCI DSS requirements.

PulseCargo.ai is not a party to transactions between you and your customers processed through the Platform's payment features. PulseCargo.ai is not responsible for any disputes, chargebacks, or payment failures arising from such transactions.

9. Intellectual Property

PulseCargo.ai Platform. The Platform, including its software, algorithms, AI models, user interface, design, documentation, and all related intellectual property, is owned by PulseCargo.ai and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Platform other than the limited right to use the Platform as described herein.

Trademarks. "PulseCargo.ai," the PulseCargo.ai logo, and other PulseCargo.ai marks are trademarks of PulseCargo.ai. You may not use these marks without PulseCargo.ai's prior written consent.

Feedback. If you provide suggestions, ideas, or other feedback about the Platform ("Feedback"), you grant PulseCargo.ai a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Platform without obligation to you.

White-Label Branding. If your subscription includes white-label capabilities, you may apply your own branding to the customer-facing portal. This does not transfer any ownership of the underlying Platform technology or intellectual property to you.

10. Service Availability

PulseCargo will use commercially reasonable efforts to maintain Platform availability. PulseCargo will publish a public status page documenting incidents and resolution times. In the event of a significant service degradation, PulseCargo and Customer will discuss remediation in good faith. Specific availability commitments and any associated remedies, if applicable, are set forth in your individually negotiated service agreement.

Scheduled maintenance will be performed during off-peak hours (typically Sunday 12:00 AM – 6:00 AM PST) with reasonable advance notice. Emergency maintenance may be performed at any time to address security vulnerabilities or critical system issues.

PulseCargo.ai is not responsible for downtime caused by factors outside its reasonable control, including internet outages, third-party service provider failures, force majeure events, or issues arising from your own systems or network.

11. Third-Party Integrations

The Platform integrates with third-party services including but not limited to transportation management systems (CargoWise live today; Magaya, Descartes, GoFreight, and other TMS / ERP systems on the integration roadmap), payment processors (Stripe; PayCargo for vendor payments where enabled), mapping services (Google Maps, MarineTraffic), AI / Synthetic Intelligence model providers (Microsoft Azure OpenAI by default; alternatives such as OpenAI, Anthropic, Google Gemini, and self-hosted Ollama may be configured per tenant), and notification providers (Twilio for SMS multi-factor authentication where enabled). Your use of these integrations is subject to the respective third-party terms of service.

PulseCargo.ai is not responsible for the availability, accuracy, or performance of third-party services. Changes to third-party APIs or terms may impact Platform functionality. PulseCargo.ai will make commercially reasonable efforts to maintain integrations but does not guarantee uninterrupted integration availability.

You are responsible for maintaining valid credentials, licenses, and subscriptions for your third-party services (e.g., your TMS license, Stripe account). PulseCargo.ai is not responsible for failures caused by expired or invalid third-party credentials.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PULSECARGO.AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF PULSECARGO.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PULSECARGO.AI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO PULSECARGO.AI DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

The limitations in this section apply regardless of whether the alleged liability is based on breach of contract, negligence, strict liability, or any other basis. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

13. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

PULSECARGO.AI DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PULSECARGO.AI DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY DATA, CONTENT, OR INFORMATION PROVIDED THROUGH THE PLATFORM, INCLUDING AI-GENERATED OUTPUTS.

14. Indemnification

You agree to indemnify, defend, and hold harmless PulseCargo.ai, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your infringement of any third-party right, including intellectual property or privacy rights; or (e) any data or content you upload, transmit, or make available through the Platform.

15. Termination

PulseCargo.ai may suspend or terminate your access to the Platform immediately, without prior notice or liability, if you breach any provision of these Terms or if your subscribing Organization's service agreement is terminated.

Upon termination, your right to use the Platform will immediately cease. Provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, limitation of liability, and dispute resolution.

You may request termination of your account at any time by contacting PulseCargo.ai support. Termination of your individual account does not terminate the subscribing Organization's service agreement.

16. Modifications to Terms

PulseCargo.ai reserves the right to modify these Terms at any time. Material changes will be communicated via email to the Administrator of your Organization or through a prominent notice on the Platform at least thirty (30) days prior to the effective date.

Your continued use of the Platform after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree with the modifications, you must stop using the Platform before the effective date.

17. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the Platform shall first be submitted to good-faith mediation. If mediation is unsuccessful within sixty (60) days, the dispute shall be resolved by binding arbitration administered by JAMS in Orange County, California, in accordance with its Streamlined Arbitration Rules.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent imminent harm.

18. General Provisions

Entire Agreement. These Terms, together with any applicable service agreement, Order Form, and Privacy Policy, constitute the entire agreement between you and PulseCargo.ai regarding the Platform and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

Waiver. The failure of PulseCargo.ai to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment. You may not assign or transfer these Terms without PulseCargo.ai's prior written consent. PulseCargo.ai may assign these Terms without restriction.

Force Majeure. PulseCargo.ai shall not be liable for any failure to perform its obligations where such failure results from circumstances beyond its reasonable control, including natural disasters, pandemics, government actions, cyberattacks, or internet infrastructure failures.

Notices. Notices to PulseCargo.ai should be sent to legal@pulsecargo.ai. Notices to you will be sent to the email address associated with your account.

19. Contact Information

If you have questions about these Terms and Conditions, please contact us at:

PulseCargo.ai
Email: legal@pulsecargo.ai
Website: https://pulsecargo.ai