TERMS OF SERVICE

Last Updated: April 8, 2025

These Terms of Service (“Terms”) form a legally binding agreement between you (“you,” “your”) and L G Software Solutions Pty Ltd, doing business as Pulse Software (“Pulse Software,” “we,” “us,” or “our”), and govern your access to and use of our websites, products, and related services (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please discontinue use of the Services.

1. INTRODUCTION

1.1 About Us
Pulse Software (ABN 33 099 043 617) is headquartered at 21/1 Talavera Road, Macquarie Park 2113, Australia.
For any questions about these Terms, you can contact us at info@pulsesoftware.com.

1.2 Acceptance of Terms
By registering for an account, accessing, or otherwise using our Services, you confirm that you accept these Terms. You represent that you have the legal capacity to enter into this agreement. If you do not agree, do not use the Services.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 Age Requirement
You must be at least 18 years old (or the age of majority in your jurisdiction) to use our Services. By using the Services, you represent and warrant that you meet this requirement.

2.2 Account Registration
If the Services require you to create an account, you agree to:

• Provide accurate, current, and complete information;

• Keep your account information up to date; and

• Maintain the confidentiality of your login credentials.

2.3 Account Security
You are responsible for all activities that occur under your account. Notify us immediately at info@pulsesoftware.com if you suspect any unauthorized access or use of your account.

3. SCOPE OF USE AND RESTRICTIONS

3.1 License to Use Services
Subject to these Terms, Pulse Software grants you a limited, non-exclusive, revocable, non-transferable license to access and use the Services for your internal business or personal purposes, as applicable.

3.2 Prohibited Uses
You agree not to:

• Use the Services for any unlawful, fraudulent, or malicious purposes;

• Copy, modify, or distribute any part of the Services without prior written permission from Pulse Software;

• Reverse-engineer or decompile any part of our Services or software;

• Interfere with or disrupt the Services, servers, or networks connected to the Services (e.g., transmitting malware or spamming);

• Use the Services to infringe upon any person’s intellectual property or other rights.

3.3 Changes to Services
We reserve the right to modify or discontinue the Services (or any part thereof) at any time without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuation of the Services.

4. INTELLECTUAL PROPERTY

4.1 Ownership
All content, trademarks, service marks, trade names, logos, and intellectual property rights related to the Services are owned by Pulse Software or its licensors. Except for the limited license granted in these Terms, we do not grant you any other rights or license under any intellectual property rights.

4.2 User-Generated Content
If you submit or upload any content (e.g., comments, files, images) via our Services (“User Content”), you represent and warrant that:

• You own or have the necessary rights to submit such content; and

• Your User Content does not violate any laws or third-party rights.

By submitting User Content, you grant Pulse Software a worldwide, non-exclusive, royalty-free license to use, host, reproduce, display, modify, adapt, and distribute such content solely for the purpose of providing and improving the Services. This license ends when you delete your User Content or your account, except to the extent it has been shared with others and not removed by them.

5. FEES AND PAYMENTS (IF APPLICABLE)

5.1 Pricing
Certain features of our Services may be offered for a fee or other charges. All applicable fees are set forth on our website or in a separate agreement. Fees are subject to change upon notice.

5.2 Billing and Refunds
If you purchase a subscription or other paid Services, you authorize us (and our designated payment processors) to charge the applicable fees to the payment method you provide. Unless otherwise stated, all fees are non-refundable.

5.3 Taxes
All fees exclude taxes, unless otherwise specified. You are responsible for any applicable taxes related to your use of the Services, other than taxes based on our net income.

6. COMPLIANCE WITH AUSTRALIAN CONSUMER LAW

6.1 Consumer Guarantees
Nothing in these Terms excludes, restricts, or modifies any consumer guarantees under the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, or any other applicable legislation that cannot lawfully be excluded.

6.2 Non-excludable Guarantees
To the extent permitted by law, our liability for breach of a non-excludable guarantee is limited, at our option, to (a) the replacement of the Services, (b) the cost of replacement, or (c) the supply of equivalent services.

7. DISCLAIMER OF WARRANTIES

7.1 As-Is, As-Available
To the extent permitted by law, the Services are provided on an “AS IS” and “AS AVAILABLE” basis without any warranty of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

7.2 No Guarantee
We do not guarantee that the Services will be uninterrupted, error-free, virus-free, or that defects will be corrected.

8. LIMITATION OF LIABILITY

8.1 Exclusion of Certain Damages
To the maximum extent permitted by law, Pulse Software is not liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or related to your use or inability to use the Services.

8.2 Cap on Liability
Subject to Section 6.2 (Non-excludable Guarantees), to the maximum extent permitted by law, Pulse Software’s total cumulative liability arising from or related to these Terms or the Services will not exceed the total amount of fees you paid to Pulse Software (if any) in the twelve (12) months preceding the claim, or one hundred Australian dollars (AUD 100) if no fees were paid.

8.3 Jurisdictional Exceptions
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability shall be limited to the extent permitted by law.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Pulse Software, its affiliates, officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Services, your breach of these Terms, or your violation of any rights of a third party.

10. THIRD-PARTY LINKS AND SERVICES

Our Services may contain links to or integrate with third-party websites, products, or services that are not owned or controlled by Pulse Software. We are not responsible for the content, policies, or practices of any third-party sites or services. Your dealings with third parties are solely between you and them.

11. TERMINATION

11.1 Termination by Pulse Software
We may suspend or terminate your access to the Services at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

11.2 Termination by You
You may discontinue use of the Services at any time by ceasing to access them or, if applicable, by deleting your account.

11.3 Effect of Termination
Upon termination, all licenses granted under these Terms immediately cease, and you remain responsible for any outstanding fees or charges incurred prior to termination.

11.4 Survival
Any provisions that by their nature should survive termination of these Terms will survive, including ownership provisions, warranty disclaimers, indemnities, and limitations of liability.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to conflict-of-law principles.

12.2 Jurisdiction
The parties agree to submit to the exclusive jurisdiction of the courts located in New South Wales, Australia, for the resolution of any disputes arising from or related to these Terms or the Services.

13. MODIFICATIONS TO THESE TERMS

We reserve the right to update or modify these Terms at any time. When we do, we will post the revised Terms on our website and update the “Last Updated” date. If the changes are material, we will use reasonable efforts to notify you (e.g., by email or prominent notice on our website). Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

14. MISCELLANEOUS

14.1 Entire Agreement
These Terms, together with any additional written agreements you enter into with Pulse Software and any referenced policies (including our Privacy Policy), constitute the entire agreement between you and Pulse Software regarding the Services.

14.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

14.3 No Waiver
No failure or delay by Pulse Software in exercising any right, power, or privilege under these Terms shall operate as a waiver. Any waiver of any provision must be made in writing and signed by an authorized representative of Pulse Software.

14.4 Assignment
You may not assign or transfer these Terms or any rights or obligations herein without our prior written consent. We may freely assign or transfer these Terms, in whole or in part, without restriction.

14.5 Relationship
Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and Pulse Software.

15. CONTACT US

If you have any questions or concerns about these Terms, please contact us at:
Email: info@pulsesoftware.com
Mail: L G Software Solutions Pty Ltd
Suite 2.01, Level 2, 12 Waterloo Road
Macquarie Park 2113
Australia