These Terms of Service (“Terms”) govern access to and use of the TeloPulse platform (“TeloPulse”, “Service”, “we”, “our”, or “us”). By creating an account, accessing, or using the Service, you agree to be bound by these Terms.
Use of the Service is also subject to our Privacy Policy, which describes how we collect, use, and protect personal information. The Privacy Policy is incorporated into these Terms by reference and is available upon request by emailing hello@telopulse.com.
1. Eligibility and Who Is Bound
By using the Service you represent that you are at least 18 years old. If you access the Service as a representative, owner, officer, contractor, or employee of an organization (a “Customer”), you represent that you have authority to bind that organization, and that organization is bound by these Terms and is responsible for the conduct of all individuals who access the Service under its account.
The Customer (typically the wireless retailer, dealership, or other business operating the account) is the contracting party. Non-owner staff who log in under the Customer’s account use the Service on the Customer’s behalf and under the Customer’s authority.
2. Description of Service
TeloPulse is a software platform designed to help wireless retailers and related businesses manage sales activity, employee performance, payroll calculations, reporting, audits, carrier-report analysis, operational workflows, and related business functions. Features may change over time and may vary by subscription tier.
TeloPulse is a software tool only. TeloPulse is not a Professional Employer Organization (PEO), payroll service provider, payor of record, employer of record, accountant, fiduciary, or legal advisor. Customer remains the sole employer and payor of record for its employees and the sole decision-maker regarding compensation, discipline, and compliance matters.
3. Account Responsibility
You are responsible for:
- Maintaining the security of your account credentials.
- Restricting unauthorized access to your account.
- All activity occurring under your account.
- Ensuring information submitted to TeloPulse is accurate and lawful.
You must promptly notify TeloPulse of any suspected unauthorized access by emailing hello@telopulse.com.
4. Customer Data Ownership
All data uploaded, entered, imported, or generated by a Customer remains the property of that Customer. This includes, without limitation:
- Sales records
- Payroll information
- Employee information
- Store performance data
- Carrier reports
- POS reports
- Dealer portal exports
- CSV files
- Operational records
- Business analytics data
You grant TeloPulse a limited, non-exclusive license to host, process, store, transmit, display, and analyze such data solely for the purpose of providing, securing, supporting, and improving the Service.
TeloPulse does not sell Customer data.
TeloPulse does not use one Customer’s confidential business data to benefit another Customer.
TeloPulse does not aggregate, commercialize, or distribute Customer-specific data across tenants without explicit authorization, except that TeloPulse may use de-identified, aggregated statistics that are not attributable to, and cannot reasonably be used to re-identify, any individual Customer, employee, or end customer, for the purposes of operating, securing, and improving the Service.
5. Multi-Tenant Data Isolation
TeloPulse operates as a multi-tenant platform. Customer data is logically separated from data belonging to other Customers, and access to that data is controlled by tenant-scoped authorization on every request path. While TeloPulse implements safeguards designed to maintain tenant separation, no internet-connected service can guarantee absolute security. Customers remain responsible for maintaining appropriate internal access controls, user invitations, and role assignments.
6. Third-Party Systems and Non-Affiliation
Customers may choose to upload or import data originating from third-party systems, carriers, dealer portals, distributors, point-of-sale systems, payroll providers, or other software platforms. TeloPulse is an independent software provider. TeloPulse is not affiliated with, endorsed by, sponsored by, authorized by, or operated by any carrier, distributor, dealer portal, POS provider, or third-party software vendor unless expressly stated in writing. Any references to third-party systems exist solely for interoperability and Customer-requested data processing purposes. All trademarks and trade names remain the property of their respective owners.
7. Employee Notices and Consents
The Service collects and processes data about Customer’s workforce, including timekeeping, geofence, performance, and activity information. Customer represents and warrants that, before causing any employee, contractor, or worker data to be transmitted to the Service, Customer has given any notice and obtained any consent required by applicable law, including but not limited to:
- New York Labor Law §52-c (electronic monitoring notice);
- The Illinois Biometric Information Privacy Act (BIPA), where biometric data is processed;
- The California Consumer Privacy Act / California Privacy Rights Act, including employee/HR-data provisions;
- Any analogous state, local, or foreign laws applicable to Customer’s workforce.
Customer agrees to indemnify and hold TeloPulse harmless from any claim brought by Customer’s employees, contractors, or workers arising from Customer’s failure to provide such notices or obtain such consents.
8. Audit Results, Analytics, and Recommendations
TeloPulse may provide:
- Audit findings
- Flags
- Alerts
- Confidence scores
- Reports
- Recommendations
- Payroll calculations
- Operational insights
These outputs are informational tools only. TeloPulse does not guarantee:
- Accuracy
- Completeness
- Correctness
- Detection of every issue
- Absence of false positives
- Absence of false negatives
Customers remain solely responsible for all business decisions, including:
- Payroll decisions
- Compensation calculations
- Employee discipline
- Chargebacks
- Carrier disputes
- Compliance decisions
- Operational actions
TeloPulse is not responsible for decisions made based on Service outputs.
9. Data Quality
Customers are responsible for ensuring that uploaded data is accurate, complete, current, and legally obtained. Audit findings and reports may be affected by:
- Missing records
- Incomplete exports
- Incorrect uploads
- Third-party system errors
- Data-entry mistakes
- Timing differences between systems
TeloPulse is not responsible for issues caused by inaccurate or incomplete Customer-provided data.
10. Acceptable Use
You agree not to:
- Violate any law or regulation.
- Access accounts or data belonging to others without authorization.
- Interfere with platform operation.
- Attempt unauthorized access to systems or infrastructure.
- Upload malicious code.
- Use automated tools that negatively affect service performance.
- Circumvent security controls.
- Misrepresent your identity or affiliation.
11. Reverse Engineering Restrictions
You may not:
- Reverse engineer the Service.
- Decompile the Service.
- Disassemble the Service.
- Extract source code.
- Copy or reproduce non-public audit methodologies, confidence-scoring algorithms, reconciliation algorithms, or other trade-secret materials made known to you through your use of the Service.
- Build competing products using knowledge derived from the Service.
To the extent applicable law prohibits certain restrictions, those restrictions apply only to the minimum extent permitted by law.
12. Trial Accounts and Evaluation Use
Trial accounts are provided solely for Customer evaluation purposes. Trial users may not use the Service to:
- Analyze proprietary methodologies.
- Benchmark internal systems.
- Build competing products.
- Conduct unauthorized testing.
- Systematically extract information.
- Scrape platform content.
- Discover confidential implementation details.
TeloPulse reserves the right to suspend or terminate trial accounts at its discretion where misuse is reasonably suspected. Where reasonably practicable, TeloPulse will provide notice of suspension to the email on file together with a brief reason.
13. Beta and Preview Features
From time to time we may offer features labeled “beta,” “preview,” “experimental,” “internal,” or similar. Such features are provided for evaluation only, may be modified, restricted, or discontinued at any time without notice, are excluded from any service-availability commitment, and are subject only to the warranties and remedies (if any) expressly stated for them. Customer’s use of beta features is at Customer’s sole risk.
14. Proprietary Rights
The Service, including:
- Software
- Designs
- Interfaces
- Workflows
- Audit methodologies
- Reconciliation methodologies
- Scoring systems
- Analytics techniques
- Reports
- Documentation
are owned by TeloPulse and protected by applicable intellectual property laws. No ownership rights are transferred to Customers.
15. Subscription and Billing
Paid subscriptions are billed according to the selected plan. Unless otherwise expressly agreed in writing:
- Subscription fees are charged in advance.
- Customers may cancel future renewals at any time.
- Access continues until the end of the paid billing period.
- Except as required by applicable law, fees are non-refundable.
Failure to pay may result in suspension or termination of access.
16. Free Trials
Trial periods may be offered at TeloPulse’s discretion. TeloPulse may:
- Modify trial length.
- Restrict features.
- Require verification.
- End a trial early.
- Decline future trial requests.
Trial accounts may be converted to paid accounts according to applicable subscription terms.
17. Suspension and Termination
TeloPulse may suspend or terminate access if:
- These Terms are violated.
- Fraud is suspected.
- Security risks are identified.
- Abuse is detected.
- Payment obligations are not met.
Where reasonably practicable, TeloPulse will provide notice of suspension to the email on file together with a brief reason. TeloPulse is not obligated to disclose detailed internal detection methods or enforcement procedures. Wrongful suspension is grounds for a pro-rata refund of the unused paid period.
18. Data Export and Deletion
Upon reasonable written request to hello@telopulse.com, TeloPulse will work with the Customer in good faith to provide a copy of Customer data in a commercially reasonable format and timeframe.
After account termination, TeloPulse may retain Customer data for up to ninety (90) days for administrative, legal, backup, fraud-prevention, or compliance purposes, unless we are required to retain it longer by law. Following that period, data may be deleted. TeloPulse is not obligated to retain Customer data indefinitely.
19. Subprocessors
TeloPulse engages third-party service providers (“Subprocessors”) to perform parts of the Service on its behalf, including cloud hosting, payment processing, transactional email, and analytics. A current list of Subprocessors is available upon request by emailing hello@telopulse.com. Subprocessors are bound by confidentiality and data-protection obligations no less protective than those in these Terms.
20. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, TELOPULSE DISCLAIMS ALL WARRANTIES, INCLUDING:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY
- RELIABILITY
- AVAILABILITY
TeloPulse does not guarantee uninterrupted or error-free operation.
21. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
TELOPULSE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TELOPULSE’S TOTAL LIABILITY ARISING FROM THE SERVICE SHALL NOT EXCEED THE GREATER OF (a) THE AMOUNT PAID BY THE CUSTOMER TO TELOPULSE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS ($100).
22. Indemnification
You agree to indemnify and hold harmless TeloPulse, its officers, employees, contractors, and affiliates from claims arising out of:
- Your use of the Service.
- Your violation of these Terms.
- Your uploaded data.
- Your violation of third-party rights, including the rights of your employees, contractors, and end customers.
- Your business operations.
23. Changes to the Service
TeloPulse may modify, improve, discontinue, or replace features at any time. No feature is guaranteed to remain available indefinitely.
24. Changes to These Terms
TeloPulse may update these Terms periodically. For material changes (including changes affecting fees, customer rights, liability, data handling, or jurisdiction), TeloPulse will provide at least thirty (30) days’ advance notice by emailing the account owner at the email address on file and by posting a notice in-app. Non-material changes (typographical corrections, contact-information updates, and clarifications that do not materially affect Customer’s rights or obligations) may take effect immediately upon posting. Continued use of the Service after the effective date of an update constitutes acceptance of the revised Terms.
25. Force Majeure
Neither party shall be liable for any failure or delay in performance (other than payment obligations) arising out of events beyond its reasonable control, including acts of God, natural disasters, internet or telecommunications outages, third-party service failures, governmental orders, labor disputes, or pandemics.
26. Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
27. Entire Agreement
These Terms, together with the Privacy Policy and any written order form, addendum, or schedule expressly incorporated by reference, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements, communications, and understandings (whether written or oral) on the subject.
28. Assignment
Customer may not assign or transfer these Terms or any rights or obligations under them without TeloPulse’s prior written consent. TeloPulse may assign these Terms to a successor entity in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets.
29. No Waiver
Failure or delay by TeloPulse to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
30. Notices
Notices to TeloPulse must be sent to hello@telopulse.com. Notices to Customer will be sent to the email address associated with the owner account on file. Notices are effective when sent.
31. Governing Law and Venue
These Terms shall be governed by the laws of the State of New York, without regard to conflict-of-law principles. Any dispute arising from these Terms shall be resolved exclusively in the state or federal courts located in New York.
32. Contact
Questions regarding these Terms may be directed to hello@telopulse.com.