Terms of Service

1. Acceptance of Terms

Welcome to Pulsivon. These Terms of Service ("Terms") govern your use of our website, services, and products provided by Pulsivon ("Company," "we," "our," or "us"). By accessing or using our services, you ("Client," "you," or "your") agree to be bound by these Terms.

If you do not agree with any part of these Terms, you may not use our services. These Terms constitute a legally binding agreement between you and Pulsivon.

2. Our Services

Pulsivon provides comprehensive integrated digital marketing services designed to transform brands through strategic excellence. Our core services include:

• Brand Strategy and Positioning: Strategic brand development, market positioning, and competitive analysis
• Digital Marketing: Campaign management, SEO, SEM, social media marketing, and performance optimization
• Public Relations: Media relations, crisis communication, and reputation management
• Web Development: Custom website design, development, and ongoing maintenance
• Marketing Analytics: Data analysis, reporting, and strategic consulting
• Content Creation: Creative content development, copywriting, and multimedia production

Services are delivered through customized project agreements that outline specific deliverables, timelines, and success metrics. We reserve the right to modify, suspend, or discontinue any aspect of our services with 30 days' written notice to affected clients. Service specifications may vary based on client needs and market conditions.

3. User Obligations

As our client, you have certain responsibilities to ensure successful service delivery and legal compliance. By engaging our services, you agree to meet the following obligations:

Lawful Use and Compliance: You must use our services only for legitimate business purposes and comply with all applicable laws, regulations, and industry standards. This includes adhering to advertising standards, data protection laws, and marketing regulations in your jurisdiction.

Information and Materials: You are responsible for providing accurate, current, and complete information necessary for service delivery. This includes brand assets, target audience data, business objectives, and any materials required for campaign development. You warrant that all materials provided do not infringe on third-party rights.

Timely Communication: You agree to respond promptly to our requests for feedback, approvals, and information. Delays in communication may impact project timelines and deliverables. You must maintain secure account credentials and notify us immediately of any unauthorized access.

Prohibited Activities: You may not use our services to promote illegal activities, distribute harmful content, violate intellectual property rights, or engage in deceptive marketing practices. You also agree not to interfere with our systems, attempt unauthorized access, or use our services in ways that could harm our reputation or operations.

Failure to meet these obligations may result in service suspension or termination, and you remain liable for any damages resulting from non-compliance.

4. Payment Terms

Fees and Pricing: Service fees are specified in individual project agreements and statements of work. All prices are quoted in US Dollars unless otherwise specified. We reserve the right to adjust pricing with 30 days' written notice for ongoing services.

Payment Schedule: Payment terms are typically net 30 days from invoice date unless otherwise agreed. Some projects may require upfront payments, milestone-based billing, or monthly retainers depending on scope and duration. Invoices are sent electronically and payment is due by the specified date.

Late Payments and Collections: Late payments may incur interest charges of 1.5% per month or the maximum rate allowed by law, whichever is lower. We reserve the right to suspend services for accounts more than 30 days overdue. You are responsible for all collection costs, including reasonable attorney fees.

Taxes and Additional Costs: You are responsible for all applicable sales taxes, VAT, duties, and government fees related to our services. Any third-party costs (such as advertising spend, stock photography, or software licenses) are billed separately and require your pre-approval.

5. Intellectual Property Rights

Our Intellectual Property: All rights, title, and interest in our proprietary methodologies, processes, tools, templates, frameworks, and general know-how remain our exclusive property. This includes our strategic approaches, analytical methods, software tools, and any innovations developed during our engagement.

Client Materials: You retain full ownership of your pre-existing intellectual property, including trademarks, logos, brand assets, and proprietary information. You grant us a non-exclusive license to use these materials solely for providing our agreed services during the engagement period.

Work Product and Deliverables: Creative deliverables and materials created specifically for your project (such as campaign assets, website designs, and custom content) become your property upon full payment. However, we retain the right to use general knowledge, experience, and non-confidential insights gained from our work for future projects.

Portfolio and Marketing Rights: Unless otherwise agreed, we may include your project in our portfolio, case studies, and marketing materials. We will not disclose confidential information but may reference the general nature of our work and results achieved.

Both parties agree to respect third-party intellectual property rights and warrant that their respective materials do not infringe on others' rights.

6. Limitation of Liability

Liability Cap: To the maximum extent permitted by law, our total liability for any claims arising from or related to our services shall not exceed the total amount paid by you for services in the twelve (12) months immediately preceding the event giving rise to liability. This limitation applies regardless of the theory of liability.

Exclusion of Damages: In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, business interruption, loss of data, or loss of business opportunities, even if we have been advised of the possibility of such damages.

Service Disclaimers: While we strive for excellence, our services are provided "as is" without warranties of any kind. We cannot guarantee specific marketing results, performance metrics, or business outcomes due to factors beyond our control, including market conditions, competition, and client implementation of recommendations.

Essential Terms: These liability limitations are fundamental elements of our agreement and reflect the allocation of risk between parties. Our services would not be economically feasible without these limitations.

Some jurisdictions do not allow limitations on certain damages, so these limitations may not apply to you to the extent prohibited by applicable law.

7. Termination

Termination for Convenience: Either party may terminate this agreement with thirty (30) days' written notice without cause. For project-based work, termination will be effective at the completion of the current project phase to minimize disruption.

Termination for Cause: Either party may terminate immediately upon written notice if the other party materially breaches these terms and fails to cure such breach within fifteen (15) days after receiving written notice. Immediate termination is also permitted for insolvency, bankruptcy, or cessation of business operations.

Effect of Termination: Upon termination, all outstanding invoices become immediately due and payable. We will cease providing services but will assist with an orderly transition of ongoing projects. You will receive all completed deliverables and work product for which payment has been made.

Post-Termination Obligations: Confidentiality obligations, intellectual property rights, and payment obligations survive termination indefinitely. We will return or destroy your confidential materials within thirty (30) days unless retention is required by law or for accounting purposes.

Termination does not relieve either party of obligations incurred prior to the termination date.

8. General Provisions

Entire Agreement and Amendments: These Terms, together with any executed service agreements and statements of work, constitute the entire agreement between parties and supersede all prior understandings. We may update these Terms from time to time, with material changes communicated with reasonable advance notice.

Governing Law and Jurisdiction: These Terms are governed by the laws of the State of New York, United States, without regard to conflict of law principles. Any legal disputes must be brought in state or federal courts located in New York County, New York, and both parties consent to such jurisdiction.

Dispute Resolution: Before formal legal proceedings, parties agree to attempt good faith negotiations for at least thirty (30) days. If unsuccessful, disputes shall be resolved through binding mediation and, if necessary, arbitration under the Commercial Arbitration Rules of the American Arbitration Association.

Severability and Assignment: If any provision is found unenforceable, the remaining provisions continue in full force. You may not assign these Terms without our written consent. We may assign our rights to any affiliate or in connection with a business transfer.

Force Majeure: Neither party is liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, government actions, pandemics, or technical infrastructure failures.

9. Contact Information

For questions about these Terms of Service or our legal policies, please contact us: