End User License Agreement

1. Acceptance of these terms

By accessing or using Pulse ("Service"), you agree to this End User License Agreement ("Agreement"). If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree, do not use the Service.

2. The Service

Pulse provides staff scheduling, time tracking, notifications, and related workforce tools. Features may change over time. Some capabilities may require separate configuration or third-party connections (for example, accounting or payroll integrations).

3. License grant

Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business operations during your subscription or trial, in accordance with our documentation and applicable law.

4. Acceptable use

You agree not to:

• Use the Service in violation of law or in a way that harms others or our systems.
• Probe, scan, or test vulnerabilities without authorization, or interfere with the Service's operation.
• Attempt to gain unauthorized access to accounts, data, or networks.
• Reverse engineer, decompile, or attempt to extract source code except where prohibited by law.
• Resell, sublicense, or commercially exploit the Service without our prior written consent.

5. Accounts and credentials

You are responsible for maintaining the confidentiality of login credentials and for activity under your account. Notify us promptly if you suspect unauthorized use.

6. Customer data

You retain your rights in data you submit to the Service ("Customer Data"). You grant us permission to host, process, and display Customer Data as needed to provide and secure the Service, consistent with our Privacy Policy. You represent that you have all rights and consents necessary to submit Customer Data.

7. Third-party services

Optional integrations (such as accounting platforms) are subject to those providers' terms and privacy policies. We are not responsible for third-party services you choose to enable.

8. Intellectual property

The Service, including software, branding, and documentation, is owned by us and our licensors. Except for the limited license above, no rights are granted.

9. Disclaimers

The Service is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free.

10. Limitation of liability

To the maximum extent permitted by law: (a) we will not be liable for any indirect, incidental, special, consequential, or punitive damages; and (b) our aggregate liability for all claims relating to the Service will not exceed the amounts you paid us for the Service in the twelve (12) months before the claim (or, if none, fifty U.S. dollars).

11. Indemnity

You will defend and indemnify us against claims arising from your Customer Data, your use of the Service in violation of this Agreement, or your breach of applicable law, subject to our prompt notice and reasonable cooperation.

12. Changes and termination

We may modify the Service or this Agreement with reasonable notice where required. We may suspend or terminate access for material breach or risk to the Service. Provisions that by their nature should survive will survive termination.

13. SMS alert program

Austin Aquarium may offer optional workforce text message alerts through Pulse. By checking the SMS consent checkbox in Profile or Account Settings (not pre-selected), you agree to receive automated text messages related to scheduling and workforce operations.

Messages may include:

• Schedule assignments, changes, and reminders
• Shift swap requests and approvals
• Time-off requests and status updates
• Attendance and time-clock alerts
• Onboarding and account-related notices

Message frequency varies based on schedule activity and your notification settings; you may receive a few messages per week. Message and data rates may apply.

Reply HELP for help or STOP to cancel. You may also disable SMS alerts in Profile or Account Settings. Consent to receive SMS alerts is not a condition of employment.

14. General

This Agreement is governed by the laws of the State of Delaware, excluding conflict-of-law rules, unless otherwise required by applicable law. If a provision is unenforceable, the remainder stays in effect. This is the entire agreement regarding the subject matter and supersedes prior discussions.

15. Contact

For questions about this Agreement, contact us at the address or email published on your Pulse deployment or your order documentation.