This End-User License Agreement ("Agreement") is a binding agreement between Proclaim Pulse LLC ("Provider," "we," "us," or "our") and the individual or entity that accesses or uses the Pulse billing platform and related software and services (the "Software"). By installing, accessing, connecting to, or using the Software, including by connecting a QuickBooks Online account, you ("Licensee" or "you") agree to this Agreement. If you do not agree, do not use the Software.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
Subject to your compliance with this Agreement, Provider grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software solely for your internal business purposes.
You must be an authorized business user with the authority to connect and permit the Software to access your accounts, including your QuickBooks Online company account(s). The Software is provided for business use only; consumer accounts are not supported. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
The Software can connect to Intuit QuickBooks Online to synchronize billing and accounts-receivable data. Your use of that integration is also subject to Intuit's applicable terms and the Intuit Developer/API terms. You represent that you have the right and authority to connect your QuickBooks Online account and to transfer data between it and the Software. Provider is not affiliated with, endorsed by, or acting on behalf of Intuit, and Provider is not responsible for QuickBooks Online itself or for changes Intuit may make to its services or APIs. Access to QuickBooks Online data is used only to provide the integration features you enable, as described in our Privacy Policy.
You will not, and will not permit others to:
Your use of the Software is subject to our Privacy Policy, which is incorporated by reference. As between you and Provider, you retain ownership of the data you submit or that we process on your behalf ("Your Data"). You grant Provider the right to process Your Data as necessary to provide the Software and as described in the Privacy Policy. You are responsible for having the necessary rights and consents to provide Your Data (including any third-party or end-user data) to the Software.
If your use of the Software is subject to fees, those fees, payment terms, and any subscription terms will be set out in a separate order or agreement between you and Provider. This Agreement governs your license to use the Software regardless of fee arrangements.
This Agreement applies for as long as you use the Software. You may stop using the Software and disconnect any integrations at any time. Provider may suspend or terminate your license if you materially breach this Agreement or use the Software in a manner that creates risk or legal exposure. Upon termination, your license ends and you must cease using the Software; the integration to QuickBooks Online will be disconnected. Sections that by their nature should survive (including Sections 4, 5, 8, 9, 10, and 11) survive termination.
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. PROVIDER DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT IT WILL MEET YOUR REQUIREMENTS. YOU ARE RESPONSIBLE FOR VERIFYING THE ACCURACY OF BILLING, TAX, AND ACCOUNTING OUTPUTS BEFORE RELYING ON THEM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE. PROVIDER'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS YOU PAID TO PROVIDER FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR, IF NO FEES WERE PAID, ONE HUNDRED U.S. DOLLARS).
You will defend, indemnify, and hold harmless Provider from and against third-party claims, damages, and expenses (including reasonable attorneys' fees) arising out of your use of the Software in violation of this Agreement, your violation of law, or your infringement of a third party's rights.
This Agreement is governed by the laws of the State of Nevada, without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Nevada for any dispute not subject to alternative resolution.
This Agreement, together with the Privacy Policy and any separate order or service agreement, is the entire agreement between you and Provider regarding the Software. If any provision is held unenforceable, the remaining provisions remain in effect. Provider's failure to enforce a provision is not a waiver. You may not assign this Agreement without Provider's consent; Provider may assign it in connection with a merger, acquisition, or sale of assets. Provider may update this Agreement, and updates are effective when posted with an updated date.
Proclaim Pulse LLC
PO Box 230368, Las Vegas, NV 89105-0368
Questions or requests: use our contact form
Modern, multi-tenant billing for telecom, VoIP, and AI-powered communications providers, with event-level AI usage rating and deep telecom tax built in.
