FAST PULSE AI TERMS OF SERVICE

Effective Date: January 1, 2025 | Last Updated: January 1, 2025

Welcome to FastPulseAI

These Terms of Service ("Terms", "Agreement") govern your access to and use of the websites, applications, products, and services (collectively, the "Services") provided by FastPulseAI Inc., a Delaware corporation ("FastPulseAI", "we", "our", "us"), including but not limited to:

  • FastPulseAI platform (fastpulseai.com, host.fastpulseai.com)

  • VibeFusion AI (vibefusion.ai)

  • AI Employee services

  • Related applications, tools, and services

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES REFERENCED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

TABLE OF CONTENTS

  1. Acceptance of Terms

  2. Eligibility and Account Registration

  3. Description of Services

  4. User Accounts and Security

  5. Acceptable Use Policy

  6. AI Services and Content

  7. Intellectual Property Rights

  8. Payment Terms and Billing

  9. Subscription and Cancellation

  10. Privacy and Data Protection

  11. Third-Party Services and Integrations

  12. Service Level and Availability

  13. Warranties and Disclaimers

  14. Limitation of Liability

  15. Indemnification

  16. Termination and Suspension

  17. Dispute Resolution and Arbitration

  18. Modifications to Terms

  19. General Provisions

  20. Contact Information

1. ACCEPTANCE OF TERMS

1.1 Agreement to Terms

By creating an account, accessing our website, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

1.2 Authorized Users

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of the organization.

1.3 Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or through prominent notice on our Services at least 30 days before taking effect. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 Age Requirement

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement.

2.2 Business Use

Our Services are intended for business and commercial use. You represent that you are using the Services for a legitimate business purpose.

2.3 Accurate Information

You must provide accurate, current, and complete information during registration and maintain the accuracy of this information throughout your use of the Services.

2.4 Prohibited Users

You may not use the Services if:

  • You have been previously suspended or banned from our Services

  • You are located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country

  • You are listed on any U.S. government list of prohibited or restricted parties

3. DESCRIPTION OF SERVICES

3.1 Core Services

FastPulseAI provides AI-powered business automation tools and services, including:

AI Employee Services:

  • Voice AI for phone answering and customer interactions

  • Automated reservation and order taking

  • Customer inquiry handling and support

  • Multi-location management capabilities

Business Tools:

  • Analytics and performance reporting

  • Customer interaction insights

  • Call management and routing

  • Integration with business systems

Content and Marketing:

  • Marketing automation tools

  • Content generation assistance

  • Customer engagement solutions

3.2 Service Modifications

We reserve the right to:

  • Modify, suspend, or discontinue any aspect of the Services at any time

  • Impose limits on certain features or restrict access to parts of the Services

  • Update, improve, or change features and functionality

We will provide reasonable notice of material changes that negatively impact your use of the Services.

3.3 Beta Features

We may offer beta, pilot, or experimental features ("Beta Features"). Beta Features are provided "as is" and may contain bugs or errors. We may discontinue Beta Features at any time without notice.

4. USER ACCOUNTS AND SECURITY

4.1 Account Creation

To access certain features, you must create an account by providing:

  • Business name and contact information

  • Valid email address and phone number

  • Payment information (for paid services)

  • Any additional information required for service delivery

4.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials

  • All activities that occur under your account

  • Implementing reasonable security measures

  • Restricting access to your account and devices

4.3 Unauthorized Access

You must notify us immediately at [email protected] if you:

  • Suspect unauthorized access to your account

  • Become aware of any security breach

  • Lose access to your account credentials

4.4 Account Sharing

You may not share your account credentials or allow others to access your account, except for authorized team members added through proper account management features.

4.5 Account Transfer

Accounts are non-transferable. You may not sell, transfer, or assign your account to another party without our prior written consent.

5. ACCEPTABLE USE POLICY

5.1 Prohibited Activities

You agree NOT to use our Services to:

Illegal Activities:

  • Violate any applicable local, state, national, or international law

  • Engage in fraud, money laundering, or other illegal financial activities

  • Violate export control or sanctions regulations

Harmful Content:

  • Transmit harmful, threatening, abusive, harassing, defamatory, or obscene content

  • Promote violence, discrimination, or illegal activities

  • Distribute malware, viruses, or malicious code

  • Engage in phishing or social engineering

Intellectual Property Violations:

  • Infringe on copyrights, trademarks, patents, or trade secrets

  • Use content you don't have the right to use

  • Impersonate others or misrepresent your affiliation

System Abuse:

  • Attempt to gain unauthorized access to our systems or networks

  • Interfere with or disrupt the Services or servers

  • Bypass security measures or access controls

  • Conduct security testing without written authorization

  • Use automated systems to access the Services in violation of our policies

Spam and Abuse:

  • Send unsolicited commercial communications

  • Use the Services for unauthorized marketing or advertising

  • Collect or harvest user information without consent

  • Create fake or misleading accounts

Competitive Activities:

  • Use the Services to develop competing products

  • Reverse engineer, decompile, or disassemble the Services

  • Benchmark or perform competitive analysis without permission

5.2 AI-Specific Restrictions

You agree NOT to:

  • Use our AI services to generate illegal, harmful, or deceptive content

  • Attempt to manipulate or "jailbreak" AI models

  • Use AI outputs to harm, defraud, or mislead others

  • Generate content that violates third-party rights

  • Train competing AI models using our Services

5.3 Reporting Violations

If you become aware of violations of these Terms, please report them to [email protected].

5.4 Consequences of Violation

Violation of this Acceptable Use Policy may result in:

  • Warning or notice to cease activity

  • Temporary suspension of Services

  • Permanent termination of account

  • Legal action and reporting to authorities

  • Liability for damages

6. AI SERVICES AND CONTENT

6.1 AI-Generated Content

Our Services use artificial intelligence and machine learning technologies to provide features and generate content. You acknowledge that:

Quality and Accuracy:

  • AI-generated content may contain errors, inaccuracies, or inconsistencies

  • You are responsible for reviewing and verifying all AI outputs before use

  • We do not guarantee the accuracy, completeness, or suitability of AI-generated content

Voice AI Services:

  • Voice interactions are recorded and processed to provide Services (with your consent)

  • AI responses are based on training data and may not always be appropriate

  • You should monitor AI Employee interactions and provide feedback

6.2 Training and Improvement

Your Data:

  • We do NOT use your confidential business data to train general-purpose AI models

  • We may use anonymized, aggregated data to improve our Services

  • Voice recordings and interactions may be used to improve your specific AI Employee performance

Feedback:

  • Any feedback, suggestions, or ideas you provide may be used without compensation or attribution

6.3 Content Responsibility

You are solely responsible for:

  • How you use AI-generated content

  • Compliance with applicable laws when using AI outputs

  • Ensuring AI interactions with your customers are appropriate

  • Monitoring and supervising AI Employee performance

  • Any consequences resulting from AI-generated content or actions

6.4 Human Oversight

You agree to maintain appropriate human oversight of AI systems, especially for:

  • Customer-facing interactions

  • Business decisions

  • Legal or compliance matters

  • Sensitive or high-stakes situations

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Our Intellectual Property

All content, features, functionality, software, technology, trademarks, service marks, logos, and trade names associated with the Services (collectively, "FastPulseAI IP") are owned by FastPulseAI or our licensors and are protected by:

  • Copyright laws

  • Trademark laws

  • Patent laws

  • Trade secret laws

  • Other intellectual property rights

7.2 Limited License to You

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Access and use the Services for your internal business purposes

  • Download and use mobile applications on devices you own or control

  • Use documentation and materials we provide

This license does NOT include:

  • Any resale or commercial use beyond your own business operations

  • Distribution, public performance, or public display

  • Modification or creation of derivative works

  • Reverse engineering or attempts to extract source code

  • Use of data mining, robots, or similar data gathering tools

7.3 Your Content

Ownership: You retain all ownership rights to content you create, upload, or generate using our Services ("Your Content"), including:

  • Business information and data

  • Customer data

  • Marketing materials created with our tools

  • Customizations and configurations

License to Us: You grant FastPulseAI a worldwide, royalty-free, non-exclusive license to:

  • Use, reproduce, and process Your Content to provide the Services

  • Make backup copies for disaster recovery

  • Analyze anonymized data to improve our Services

  • Display Your Content as necessary to deliver Services

This license terminates when you delete Your Content or terminate your account, except for:

  • Content shared with others (which may persist)

  • Anonymized data used in aggregated analytics

  • Backups retained per our data retention policy

7.4 AI-Generated Content

Ownership of Outputs: Subject to these Terms and payment of applicable fees, you own the content generated by our AI Services based on your inputs, subject to:

  • Our underlying intellectual property rights in the AI models and technology

  • Third-party intellectual property rights

  • Restrictions in these Terms

No Warranty: We do not warrant that AI-generated content:

  • Is original or unique

  • Does not infringe third-party rights

  • Is suitable for your intended purpose

You are responsible for ensuring AI-generated content does not infringe third-party rights before use.

7.5 Feedback

Any feedback, suggestions, ideas, or other information you provide about our Services becomes our property. We may use it for any purpose without obligation to you.

7.6 Trademark Usage

You may not use FastPulseAI trademarks, logos, or brand elements without our prior written consent. Authorized partners must comply with our brand guidelines.

7.7 Copyright Infringement

We respect intellectual property rights. If you believe content on our Services infringes your copyright, contact us at [email protected] with:

  • Identification of the copyrighted work

  • Identification of the infringing material

  • Your contact information

  • A statement of good faith belief

  • A statement of accuracy under penalty of perjury

  • Your physical or electronic signature

8. PAYMENT TERMS AND BILLING

8.1 Fees and Charges

Paid Services:

  • Certain features require payment of fees

  • All fees are stated in U.S. dollars unless otherwise specified

  • Fees are exclusive of taxes, which you are responsible for paying

Pricing:

  • Current pricing is available on our website and in-app

  • We reserve the right to change pricing with 30 days' notice

  • Price changes do not affect your current subscription term

8.2 Payment Methods

Accepted Methods:

  • Credit cards (Visa, Mastercard, American Express, Discover)

  • Debit cards

  • ACH bank transfers (for qualified accounts)

  • Other methods as we may offer

Payment Processing:

  • Payments are processed by third-party providers (e.g., Stripe)

  • You authorize us to charge your payment method for all fees

  • You must provide accurate and complete billing information

8.3 Billing Cycles

Subscription Billing:

  • Monthly subscriptions: Charged on the same day each month

  • Annual subscriptions: Charged annually on the anniversary date

  • Usage-based fees: Charged monthly in arrears

Automatic Renewal:

  • Subscriptions automatically renew unless cancelled

  • You will be charged at the then-current rate

  • We will notify you before renewal if prices have changed

8.4 Failed Payments

If payment fails:

  • We will attempt to re-charge your payment method

  • You will be notified of the failed payment

  • Services may be suspended after 5 days of non-payment

  • Account may be terminated after 15 days of non-payment

  • You remain responsible for all unpaid fees plus collection costs

8.5 Refunds

General Policy:

  • All fees are non-refundable except as required by law or as stated herein

  • We do not provide refunds for partial months or unused services

  • Setup fees and onboarding fees are non-refundable

Exceptions:

  • If we discontinue Services without offering a replacement

  • If required by applicable consumer protection laws

  • If we fail to provide Services due to our fault

  • At our sole discretion on a case-by-case basis

Refund Requests:

  • Must be submitted within 30 days of the charge

  • Send requests to [email protected]

  • Include order details and reason for request

8.6 Taxes

You are responsible for all applicable taxes, including:

  • Sales tax

  • Use tax

  • Value-added tax (VAT)

  • Goods and services tax (GST)

If we are required to collect taxes, they will be added to your invoice. You must provide any tax exemption certificates before charges are incurred.

8.7 Disputes

Billing Disputes:

  • Must be raised within 30 days of the charge

  • Contact [email protected] with details

  • We will investigate and respond within 15 business days

  • Undisputed amounts remain due and payable

Chargebacks:

  • Initiating a chargeback may result in immediate account suspension

  • You must contact us before filing a chargeback

  • We may permanently terminate accounts with fraudulent chargebacks

9. SUBSCRIPTION AND CANCELLATION

9.1 Subscription Plans

We offer various subscription tiers with different features and pricing. Plan details are available on our website.

9.2 Cancellation by You

How to Cancel:

Effective Date:

  • Cancellation takes effect at the end of your current billing period

  • You maintain access until the end of the paid period

  • No refunds for the current billing period

Data After Cancellation:

  • You have 30 days to export your data after cancellation

  • After 30 days, Your Content may be deleted per our retention policy

  • You may request data export at [email protected]

9.3 Free Trials

Trial Period:

  • Free trials may be offered for specified periods

  • Credit card required for trials (no charge during trial)

  • Automatically converts to paid subscription unless cancelled

  • Cancel anytime during trial to avoid charges

Trial Limitations:

  • One free trial per customer

  • We may limit trial features or usage

  • We reserve the right to refuse or terminate trials

9.4 Downgrades and Upgrades

Plan Changes:

  • Upgrades take effect immediately

  • Downgrades take effect at the next billing cycle

  • Prorated credits may be applied at our discretion

Feature Access:

  • Downgrading may result in loss of features or data

  • You are responsible for backing up data before downgrading

10. PRIVACY AND DATA PROTECTION

10.1 Privacy Policy

Our collection, use, and protection of your personal information is governed by our Privacy Policy, available at fastpulseai.com/privacy.

10.2 Customer Data

Your Responsibilities:

  • You retain ownership of customer data you collect

  • You must have legal basis to collect and use customer data

  • You must provide appropriate privacy notices to your customers

  • You are responsible for compliance with privacy laws (GDPR, CCPA, etc.)

Our Role:

  • We process customer data only on your instructions

  • We implement appropriate security measures

  • We act as a data processor (not controller) for customer data

  • We comply with applicable data protection regulations

10.3 Data Processing Agreement

For customers subject to GDPR or similar regulations, our Data Processing Agreement is available upon request at [email protected].

10.4 Data Security

We implement reasonable security measures, but you acknowledge that:

  • No system is completely secure

  • You are responsible for your own security practices

  • You should implement appropriate access controls

  • You should regularly back up critical data

10.5 Data Breaches

In the event of a data breach affecting your data:

  • We will notify you within 72 hours of discovery

  • We will provide details about the breach and our response

  • We will cooperate with your breach notification obligations

  • You remain responsible for notifying affected individuals as required by law

11. THIRD-PARTY SERVICES AND INTEGRATIONS

11.1 Third-Party Integrations

Our Services may integrate with third-party services, including:

  • POS systems

  • Reservation platforms

  • Payment processors

  • Review platforms (Google, Yelp, TripAdvisor)

  • Communication services

Your Responsibility:

  • You are responsible for compliance with third-party terms of service

  • You must obtain necessary permissions and licenses

  • You must maintain active accounts with third-party services

  • Integration issues with third-party services are outside our control

11.2 Third-Party Content

The Services may display or link to third-party content. We:

  • Do not endorse third-party content

  • Are not responsible for third-party content accuracy

  • Are not liable for damages from third-party content

  • May remove third-party links at any time

11.3 Third-Party Terms

Use of third-party services is subject to their respective terms and policies. You should review these before using integrations.

12. SERVICE LEVEL AND AVAILABILITY

12.1 Uptime Target

We strive to maintain 99.5% uptime for our Services, excluding scheduled maintenance and events beyond our control.

12.2 Scheduled Maintenance

  • We will perform maintenance during off-peak hours when possible

  • We will provide at least 48 hours notice for scheduled maintenance

  • Emergency maintenance may be performed without notice

12.3 No Guarantee

We do not guarantee:

  • Uninterrupted or error-free operation

  • Availability of specific features

  • Compatibility with all systems or devices

  • Specific performance metrics

12.4 Support

Support Channels:

Response Times:

  • Standard support: 24-48 hours

  • Premium support: Options available for enterprise customers

13. WARRANTIES AND DISCLAIMERS

13.1 Limited Warranty

We warrant that the Services will substantially conform to our published documentation under normal use.

13.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, INCLUDING:

Implied Warranties:

  • MERCHANTABILITY

  • FITNESS FOR A PARTICULAR PURPOSE

  • NON-INFRINGEMENT

  • TITLE

  • QUIET ENJOYMENT

No Guarantees:

  • We do not warrant error-free or uninterrupted service

  • We do not warrant security of data transmission

  • We do not warrant accuracy of AI-generated content

  • We do not warrant compatibility with your systems

  • We do not warrant specific results or outcomes

13.3 AI-Specific Disclaimers

AI Services:

  • May produce inaccurate, incomplete, or inappropriate outputs

  • Require human review and oversight

  • Should not be solely relied upon for critical decisions

  • May reflect biases in training data

  • Are not substitutes for professional advice

13.4 Third-Party Disclaimers

We are not responsible for:

  • Third-party service availability or performance

  • Third-party data accuracy

  • Actions of your customers or end-users

  • Integration compatibility issues

14. LIMITATION OF LIABILITY

14.1 Limitation on Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FASTPULSEAI SHALL NOT BE LIABLE FOR:

Excluded Damages:

  • INDIRECT DAMAGES

  • INCIDENTAL DAMAGES

  • SPECIAL DAMAGES

  • CONSEQUENTIAL DAMAGES

  • PUNITIVE DAMAGES

  • LOST PROFITS

  • LOST REVENUE

  • LOST DATA

  • BUSINESS INTERRUPTION

  • LOSS OF GOODWILL

This limitation applies regardless of:

  • The legal theory (contract, tort, negligence, strict liability, etc.)

  • Whether we were advised of the possibility of such damages

  • Whether other remedies fail of their essential purpose

14.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

  • $500, OR

  • THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM

14.3 Exceptions

The limitations above do NOT apply to:

  • Our gross negligence or willful misconduct

  • Death or personal injury caused by our negligence

  • Fraud or fraudulent misrepresentation

  • Violations of applicable consumer protection laws

  • Other liabilities that cannot be excluded by law

14.4 Allocation of Risk

The limitations in this section reflect an allocation of risk between us and you. The pricing of our Services reflects this allocation of risk and limitation of liability.

15. INDEMNIFICATION

15.1 Your Indemnification

You agree to indemnify, defend, and hold harmless FastPulseAI, our affiliates, and our respective officers, directors, employees, agents, and contractors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use or misuse of the Services

  • Your violation of these Terms

  • Your violation of any applicable laws or regulations

  • Your violation of third-party rights, including intellectual property rights

  • Your Content or data you provide

  • Your customer interactions or business practices

  • Negligence or willful misconduct by you or your employees

15.2 Process

Notice:

  • We will notify you of any claim subject to indemnification

  • You will have the right to control the defense with our approval

  • We may participate in defense at our expense

  • You may not settle without our consent if it affects our rights

Cooperation:

  • You will cooperate with us in the defense

  • You will not make admissions without our consent

  • You will keep us informed of developments

16. TERMINATION AND SUSPENSION

16.1 Termination by You

You may terminate your account at any time by:

  • Cancelling through account settings

  • Contacting [email protected]

  • Following cancellation procedures in Section 9

16.2 Termination by Us

We may terminate or suspend your access to the Services immediately, without prior notice, if:

Cause for Termination:

  • You breach these Terms

  • You violate our Acceptable Use Policy

  • Your account is inactive for 12+ months

  • Payment fails and remains unpaid

  • We believe termination is necessary to prevent harm

  • Required by law or court order

  • You engage in fraudulent or illegal activity

Process:

  • We will attempt to notify you via email

  • We will provide reason for termination when possible

  • Immediate termination without notice in severe cases

16.3 Effect of Termination

Upon termination:

Access:

  • Your right to access the Services immediately ceases

  • Outstanding fees become immediately due

  • You must cease all use of the Services

Data:

  • You have 30 days to export Your Content

  • We may delete Your Content after 30 days

  • Certain data may be retained per legal requirements

  • Anonymized data may be retained permanently

Survival:

  • Sections that by nature should survive will remain in effect

  • Including: Intellectual Property, Payment Terms, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution

16.4 Suspension

We may suspend (rather than terminate) your account for:

  • Non-payment (until payment is received)

  • Investigation of potential violations

  • Suspected security issues

  • At your request

During suspension:

  • You cannot access the Services

  • Your data is retained

  • Fees continue to accrue for paid subscriptions

  • Services resume after the issue is resolved

17. DISPUTE RESOLUTION AND ARBITRATION

17.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute informally within 60 days.

17.2 Binding Arbitration

If informal resolution fails, you agree that disputes will be resolved by binding arbitration rather than in court, except:

  • Small claims court actions (under $10,000)

  • Intellectual property disputes

  • Injunctive or equitable relief

Arbitration Rules:

  • Administered by American Arbitration Association (AAA)

  • Under AAA's Commercial Arbitration Rules

  • One arbitrator selected per AAA rules

  • Location: San Diego, California or mutually agreed location

  • Federal Arbitration Act governs

Arbitration Process:

  • Arbitrator's decision is final and binding

  • Judgment may be entered in any competent court

  • Each party bears their own costs and fees unless law requires otherwise

  • Discovery may be limited compared to court proceedings

17.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

17.4 Exceptions to Arbitration

Either party may seek relief in court for:

  • Intellectual property infringement

  • Misappropriation of trade secrets

  • Violations of Computer Fraud and Abuse Act

  • Injunctive or equitable relief

17.5 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

17.6 Venue

For disputes not subject to arbitration, you consent to exclusive jurisdiction in state and federal courts located in San Diego County, California.

18. MODIFICATIONS TO TERMS

18.1 Right to Modify

We reserve the right to modify these Terms at any time in our sole discretion.

18.2 Notice of Changes

Material Changes:

  • We will provide at least 30 days notice via email

  • Notice will be posted on our website

  • Notice may appear in the Services

  • Effective date will be clearly stated

Non-Material Changes:

  • May take effect immediately

  • Will be posted with updated "Last Updated" date

18.3 Acceptance

Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms.

18.4 Objection to Changes

If you do not agree to modified Terms:

  • You must stop using the Services

  • You should cancel your account before changes take effect

  • No refunds for remaining subscription periods

19. GENERAL PROVISIONS

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and FastPulseAI regarding the Services.

19.2 Severability

If any provision of these Terms is found to be invalid or unenforceable:

  • That provision will be limited or eliminated to the minimum extent necessary

  • The remaining provisions will remain in full force and effect

19.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

19.4 Assignment

By You:

  • You may not assign or transfer these Terms without our written consent

  • Any attempted assignment without consent is void

By Us:

  • We may assign these Terms without restriction

  • Including in connection with a merger, acquisition, or sale of assets

19.5 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including:

  • Natural disasters

  • War or terrorism

  • Government actions or restrictions

  • Strikes or labor disputes

  • Internet or telecommunications failures

  • Third-party service failures

  • Pandemics or public health emergencies

19.6 No Third-Party Beneficiaries

These Terms are for the benefit of you and FastPulseAI only. No other person or entity has rights under these Terms.

19.7 Relationship of Parties

These Terms do not create a partnership, joint venture, employment, or agency relationship between you and FastPulseAI.

19.8 Notices

To You:

  • Notices will be sent to the email address associated with your account

  • Notices are effective when sent

  • You must maintain a current email address

To Us:

  • Legal notices must be sent to: [email protected]

  • Or by mail to: FastPulseAI Inc., [Physical Address]

19.9 Export Controls

The Services may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export laws and not to export, re-export, or transfer the Services to prohibited countries or persons.

19.10 Government Users

If you are a U.S. government entity, the Services are "commercial items" as defined in FAR 2.101, and use is subject to the rights and restrictions described in these Terms.

19.11 Interpretation

  • Headings are for convenience only

  • "Including" means "including without limitation"

  • "Or" is not exclusive

  • "Days" means calendar days unless otherwise specified

19.12 Survival

Provisions that by their nature should survive termination will survive, including: payment obligations, intellectual property provisions, disclaimers, limitations of liability, indemnification, and dispute resolution.

20. CONTACT INFORMATION

If you have questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us:

FastPulseAI Privacy Team

📧 Email: [email protected]

📞 Phone: 858-660-3838

🌐 Websites:

https://fastpulseai.com

https://host.fastpulseai.com

https://vibefusion.ai/

ACKNOWLEDGMENT

BY CLICKING "I AGREE", CREATING AN ACCOUNT, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

© 2025 FAST PULSE AI LLC. All rights reserved.