Terms of Use

1. Definitions & Acceptance

“Company”, “We”, “Us” refers to TRUE Pulse.

“Service” includes the TRUE Pulse platform, website, software, APIs, integrations, call-tracking infrastructure, dashboards, and documentation.

“Order Form” means any written or electronic order form, proposal, or statement of work agreed between TRUE Pulse and the Customer specifying the Services, pricing, and applicable subscription term.

“Services Agreement” means any agreement governing subscription-based access to the Services, including an Order Form, online checkout, or other agreement incorporated by reference.

“User”, “You”, “Customer” refers to the individual or legal entity using the Service.

By accessing or using the Service (including clicking “Accept” at signup), you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any applicable Supplemental Terms.

2. License & Permitted Use

TRUE Pulse grants you a limited, non-exclusive, non-transferable, revocable license to use the Service solely for your internal business purposes.

You must not reverse engineer, decompile, modify, distribute, resell, sublicense, republish, or create derivative works of the Service, or use it for any purpose not expressly permitted by these Terms.

TRUE Pulse reserves the right to modify, enhance, upgrade, suspend, or discontinue any aspect of the Services, including features, functionality, technical requirements, or rules and directions governing their use, at any time.

Where a modification materially affects the Customer’s use of the Services, TRUE Pulse shall provide the Customer with reasonable prior written notice. Continued use of the Services following such modification shall constitute acceptance of the modified Services.

3. Subscription, Fees & Payment

Certain features or service tiers require a paid subscription. Fees, billing frequency, and payment terms are governed by your Order Form or Services Agreement.

Unless otherwise stated, fees paid are non-refundable and subject to our Cancellation & Refund Policy accepted at signup.

3.1 Telephone Numbers

All telephone numbers provided or allocated to the Customer in connection with the Services are registered to and owned by TRUE Pulse (or its underlying carriers) and are provided solely to enable the Customer’s use of the Services.

The Customer acknowledges that it has no right, title, or interest in any telephone numbers allocated to it as part of the Services and that such numbers are not portable unless expressly agreed in writing by TRUE Pulse.

While TRUE Pulse makes reasonable efforts to ensure the continued availability of telephone numbers, TRUE Pulse reserves the right to alter, replace, or withdraw any telephone number provided to the Customer where required for compliance with applicable law, regulatory requirements, or as a result of actions by telecommunications carriers or numbering authorities. In such cases, TRUE Pulse shall use commercially reasonable efforts to notify the Customer in advance of any change that materially affects the Services.

4. Account & Authorized Users

You are responsible for safeguarding your account credentials and for all activity occurring under your account, including actions of Authorized Users.

5. Intellectual Property Rights

5.1 TRUE Pulse Intellectual Property

All rights, title, and interest in and to the TRUE Pulse platform, software, algorithms, user interfaces, dashboards, documentation, trademarks, service marks, logos, analytics methodologies, and all related intellectual property (collectively, the “Services”) are and shall remain the exclusive property of TRUE Pulse and its licensors.

Except for the limited rights expressly granted under these Terms, no rights or licenses are granted to you, whether by implication, estoppel, or otherwise.

5.2 Customer Data

You retain all right, title, and interest in and to any data submitted, transmitted, collected, or generated through your use of the Services, including call data, call recordings, call metadata, transcripts, and related information (“Customer Data”).

Except as expressly stated in these Terms, TRUE Pulse does not claim ownership of Customer Data. You grant TRUE Pulse a limited, non-exclusive, royalty-free license to access, use, process, store, and transmit Customer Data solely as necessary to provide, maintain, improve, and support the Services, in accordance with applicable law and our Privacy Policy.

Use of Subprocessors

TRUE Pulse may engage third-party service providers, contractors, and subprocessors to process Customer Data on its behalf for purposes such as cloud hosting, telecommunications, analytics, customer support, and infrastructure operations.

TRUE Pulse ensures that such subprocessors are bound by contractual obligations to protect Customer Data and to process it only in accordance with applicable data protection laws.

5.3 Aggregated and Anonymized Data

Notwithstanding the foregoing, TRUE Pulse may collect and use aggregated and anonymized data derived from Customer Data that does not identify you or any individual (“Aggregated Data”) for purposes such as service improvement, analytics, benchmarking, research, and development. Aggregated Data shall not be considered Customer Data and shall not identify any customer or individual.

5.4 Call Recording and Compliance Responsibility

You acknowledge that the Services may enable the recording, storage, or analysis of calls and communications. You are solely responsible for obtaining all legally required notices and consents from all participants prior to recording any calls or communications using the Services and for ensuring compliance with applicable telecommunications, privacy, and data protection laws.

5.5 Feedback

If you provide suggestions, ideas, enhancement requests, or other feedback regarding the Services (“Feedback”), you grant TRUE Pulse a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such Feedback into the Services without any obligation to you.

5.6 Marketing and Sales Activities

The Customer unconditionally authorises TRUE Pulse to use the Customer’s name and corporate logo for marketing and promotional purposes, including without limitation the inclusion of the Customer’s name and/or logo on any list of TRUE Pulse customers appearing on, or to appear on, any website operated by TRUE Pulse and in any marketing or promotional materials created by TRUE Pulse.

Each party may issue press releases or public announcements describing the supplier-customer relationship between TRUE Pulse and the Customer, together with such other announcements as may be mutually agreed from time to time. Each party shall be given the opportunity to review and approve any such press release prepared by the other party prior to publication, provided that such approval shall not be unreasonably withheld or delayed.

6. Privacy Policy & Data Protection

TRUE Pulse’s collection, use, and processing of personal data in connection with the Services are governed by our Privacy Policy. TRUE Pulse processes personal data in accordance with the Digital Personal Data Protection Act, 2023 and applicable rules.

TRUE Pulse may disclose Customer Data where required to do so by law, court order, governmental authority, or to protect the rights, property, or safety of TRUE Pulse, its users, or the public.

7. Acceptable Use / Prohibited Uses

You agree not to use the Service for any unlawful, fraudulent, or abusive purpose, including:

• Disrupting or interfering with other users’ access
• Attempting unauthorized access or circumventing security
• Reverse engineering or exploiting site content for commercial gain
• Sending spam, unsolicited calls, or unlawful communications
• Building or benchmarking competing products without authorization
• Processing personal data without lawful consent
• Recording calls or communications without first obtaining all legally required consents from all participants.
• Violating any applicable Telecom Regulatory Authority of India (TRAI), Department of Telecommunications (DoT), or other telecommunications regulations applicable to your use of the Services.

We reserve the right to suspend or terminate access immediately upon suspected misuse or violation.

8. Term, Suspension & Termination

8.1 Term

These Terms shall commence on the date the Customer first accesses or uses the Services and shall remain in effect until terminated in accordance with this Section 8.

8.1A Fixed Term and Auto-Renewal

Where the Customer subscribes to the Services for a fixed contract period (“Fixed Term”) as specified in an Order Form or Services Agreement, the Services shall continue for the duration of such Fixed Term.

Upon expiry of the Fixed Term, the term of all Services shall automatically renew (without the need for any further action by either party) for successive periods of one (1) year (each a “Renewal Term”).

Upon commencement of each Renewal Term, such Renewal Term shall become the “Fixed Contract Period” or “Fixed Term” for all purposes under these Terms and any applicable Order Form.

If either party notifies the other in writing at least fourteen (14) days prior to the expiry of the then-current Fixed Term that it wishes to terminate one or more Service(s) at the end of the Fixed Term (“Termination Notice”), the Service(s) specified in such notice shall not automatically renew and shall terminate upon expiry of the Fixed Term.

8.2 Suspension of Services

TRUE Pulse may, without liability and with immediate effect, suspend the Services or any portion thereof:

• To perform necessary maintenance, upgrades, or other service work, including emergency maintenance, provided that where reasonably practicable and in the case of non-emergency maintenance, TRUE Pulse shall give the Customer reasonable prior written notice;
• If the Customer fails to pay any Fee due and payable by the applicable Payment Date;
• If the Customer’s credit balance or Customer Credit Account is not in credit or is insufficient to meet the Customer’s payment obligations under the Agreement;
• If TRUE Pulse reasonably believes that the Customer is using the Services in violation of these Terms, applicable law, or regulatory requirements; or
• Where required by law, regulation, court order, or instructions from a governmental or regulatory authority.

Suspension of the Services shall not relieve the Customer of its obligation to pay any applicable Fees.

8.3 Termination

Either party may terminate these Terms as follows:

8.3.1 Termination by Customer

The Customer may terminate these Terms at any time by providing written notice to TRUE Pulse, subject to any minimum subscription term, notice period, or payment obligations set out in the applicable Order Form or Services Agreement. Termination shall not entitle the Customer to any refund of Fees already paid, unless expressly stated otherwise in writing by TRUE Pulse.

8.3.2 Termination by TRUE Pulse for Convenience

TRUE Pulse may terminate these Terms, or the Customer’s access to the Services, for convenience by providing at least thirty (30) days’ prior written notice to the Customer.

8.3.3 Termination by TRUE Pulse for Cause

TRUE Pulse may terminate these Terms immediately, without prior notice, if:

(a) TRUE Pulse reasonably believes that the Customer is using the Services in violation of these Terms, applicable law, or regulatory requirements;

(b) the Customer materially breaches these Terms and fails to cure such breach within seven (7) days of written notice, where such breach is capable of cure;

(c) the Customer violates applicable law, telecommunications regulations, or regulatory requirements;

(d) the Customer engages in prohibited or unlawful use of the Services;

(e) payment of Fees is overdue beyond any applicable grace period; or

(f) TRUE Pulse reasonably believes that continued provision of the Services could expose it to legal, regulatory, or security risk.

8.3.4 Regulatory or Legal Termination

TRUE Pulse may immediately terminate or discontinue the Services if required to do so by law, court order, or instruction from a governmental or regulatory authority.

8.4 Effect of Termination

Upon termination or expiration of these Terms for any reason:

(a) Cessation of Access

All rights granted to the Customer under these Terms shall immediately cease, and the Customer’s access to and use of the Services shall be disabled.

(b) Outstanding Fees

All outstanding Fees, charges, and other amounts accrued up to the effective date of termination shall become immediately due and payable. Termination shall not relieve the Customer of any payment obligations incurred prior to termination.

(c) Customer Data

Upon termination or expiration, TRUE Pulse may, subject to applicable law, deactivate the Customer’s account and delete or anonymize Customer Data after a reasonable retention period. The Customer is solely responsible for exporting its Customer Data prior to termination, except where retention is required by law.

(d) Survival

Any provisions which by their nature should survive termination or expiration, including without limitation Sections relating to fees, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution, shall survive termination.

9. Disclaimers & “As-Is” Warranty

The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind. We do not guarantee uninterrupted or error-free operation.

10. Limitation of Liability

To the maximum extent permitted by applicable law, TRUE Pulse’s total aggregate liability arising out of or relating to the Services or these Terms shall be limited to the total fees paid by you in the three (3) months preceding the claim.

We are not liable for indirect, incidental, consequential, or punitive damages, including loss of profits, data, or business interruption.

11. Indemnification

You agree to indemnify and hold harmless TRUE Pulse from any claims, damages, or expenses arising from your misuse of the Service or violation of these Terms.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of India. Any disputes shall be resolved through arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Bengaluru, India, and proceedings shall be conducted in English.

13. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated at least 30 days in advance. Continued use constitutes acceptance.

14. Miscellaneous

14.1 Force Majeure

TRUE Pulse shall not be liable for any failure or delay in performance of the Services where such failure or delay results from events beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, fire, flood, earthquake, war, terrorism, riots, labor disputes, strikes, governmental actions, changes in law or regulation, court orders, power failures, internet or telecommunications outages, failures of third-party service providers, or other events of similar nature (“Force Majeure Event”).

During the continuance of a Force Majeure Event, TRUE Pulse’s obligations under these Terms shall be suspended to the extent affected by such event. TRUE Pulse shall use commercially reasonable efforts to resume performance as soon as practicable after the Force Majeure Event ceases.

14.2 Severability & Entire Agreement

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. These Terms constitute the entire agreement between you and TRUE Pulse regarding the subject matter hereof and supersede all prior or contemporaneous agreements, communications, or understandings.

14.3 Confidentiality

Each party shall maintain the confidentiality of any non-public, proprietary, or confidential information disclosed by the other party in connection with the Services and shall not disclose such information to any third party except as required by law or permitted under these Terms.

14.4 Assignment

TRUE Pulse may assign or transfer these Terms in connection with a merger, acquisition, corporate reorganisation, or sale of assets. The Customer may not assign these Terms without prior written consent.

15. Communication

You consent to receive communications from TRUE Pulse via email, phone calls, SMS, and WhatsApp messages regarding your account, transactions, service updates, and related communications, subject to applicable law and regulatory requirements.

16. Contact Information

If you have any questions regarding these Terms, please contact us at support@truepulse.co.in.