Terms of Use

1. Agreement and scope

1.1 These Terms govern access to and use of the products, applications, websites, and related services provided by MACHINEPULSE PTE. LTD. ("MachinePulse", "Company", "we", "us", "our") (collectively, the "Services").

1.2 By accessing or using the Services, the individual or entity ("User", "you", "your") agrees to these Terms. If these Terms are not accepted, the Services must not be used.

1.3 These Terms incorporate by reference the Privacy Policy and any additional terms presented for specific features, subscriptions, promotions, trials, or third-party integrations ("Supplemental Terms"). If there is a conflict, Supplemental Terms control for that feature.

1.4 App store terms. If the Services are downloaded from Apple App Store, Google Play, or another platform, that platform may have additional rules. Where platform rules conflict with these Terms, mandatory platform rules apply only to the extent required.

2. Definitions

"Account" means a registered profile used to access the Services.

"Content" means any prompts, messages, conversation history, attachments, links, location inputs, Social Media Information, and other materials submitted, uploaded, transmitted, or otherwise provided through the Services.

"Outputs" means any responses, recommendations, summaries, rankings, extracted facts, generated media, or other results produced by the Services from Content.

"Location Data" means information about a device's location, including Precise Location Data and approximate location derived from IP address.

"Precise Location Data" means location information that can identify a person's precise geographic position, such as GPS coordinates.

"Social Media Features" means features that process Social Media Information and, when enabled, retrieve Public Social Media Data.

"Social Media Information" means account handles, URLs, posts, comments, interactions, or other social media related information provided through the Services.

"Public Social Media Data" means information retrieved from publicly accessible sources when Social Media Features are enabled.

"Third Party Services" means third party websites, apps, platforms, tools, content, products, or services not owned or controlled by MachinePulse.

"Service Data" means operational and technical data generated from use of the Services, including logs, performance metrics, security signals, de-identified or aggregated insights, and derived data.

3. Eligibility and account security

3.1 The Services are intended for individuals with full legal capacity. Where local law restricts use by minors, the Services must not be used unless permitted by law and any required parental consent is obtained.

3.2 Registration information must be accurate and kept current.

3.3 Account credentials, devices, and verification factors must be safeguarded. The Account holder is responsible for all activity conducted through the Account.

3.4 Accounts must not be sold, rented, lent, transferred, or made available to others except as expressly permitted by the Services.

3.5 MachinePulse may refuse registration or suspend or terminate access where required by law, to address security or fraud risks, to prevent abuse, or to reduce a material risk of harm, subject to mandatory law.

4. Service description, AI limitations, and user responsibility

4.1 The Services may generate Outputs using automated systems, including machine learning models. Outputs may be inaccurate, incomplete, outdated, biased, or unsuitable for a particular purpose.

4.2 The Services do not provide professional advice. Outputs are not legal, medical, financial, tax, or other regulated professional advice, and do not create a professional-client relationship. Independent verification is required before relying on Outputs for decisions that may affect rights, safety, finances, or compliance.

4.3 The Services may process Content to generate Outputs, provide continuity and memory features (where available), and operate group interactions and integrations.

4.4 Availability may be affected by Third Party Services, model providers, infrastructure outages, policy changes, rate limits, and maintenance. Functionality may change over time.

4.5 MachinePulse may offer beta or experimental features. Beta features may be unstable, may change without notice, and may be withdrawn.

5. Location Features

5.1 Certain features may require location access. If location access is disabled, some features may not operate or may be materially limited.

5.2 Location processing may include foreground access and, where offered, background or continuous access when a feature is activated. Background or continuous access can be disabled through device and in-app controls.

5.3 Location-based Outputs may be inaccurate due to signal limitations, delays, mapping errors, or third-party data issues.

5.4 Location about other individuals must not be provided without lawful authority and, where required, appropriate consent.

6. Social Media Features

6.1 When enabled, Social Media Features may (i) process Social Media Information provided through the Services and (ii) retrieve Public Social Media Data from publicly accessible sources.

6.2 The User represents and warrants that sufficient rights, authorisations, and lawful basis exist to provide Social Media Information and to request processing and retrieval.

6.3 Retrieval is intended not to bypass access controls. Public sources are accessed consistent with technical constraints and, where applicable, the terms of the source service.

6.4 Social media platforms are Third Party Services. Their availability, accuracy, and terms may change. MachinePulse is not responsible for platform practices or outages.

7. Advertising

7.1 The Services may display advertisements, which may be provided by MachinePulse and/or third party advertising partners.

7.2 Advertising does not constitute endorsement.

7.3 Interactions with advertisers and purchases of Third Party Services are solely between the User and the relevant third party.

7.4 Advertising measurement and fraud prevention may require processing identifiers and event signals as described in the Privacy Policy. Where applicable law requires opt-out or consent, controls will be provided.

8. Payments, subscriptions, trials, and refunds

8.1 Some Services are offered for a fee (including subscriptions, usage-based fees, or in-app purchases). Pricing, billing cadence, and plan features will be displayed at purchase and may be supplemented by Supplemental Terms.

8.2 Auto-renewal. Subscriptions renew automatically unless cancelled before the renewal date. Cancellation takes effect at the end of the then-current billing period, unless otherwise stated.

8.3 Trials and promotions. Trials may convert to paid subscriptions unless cancelled before the trial ends. Promotional pricing may expire and convert to then-current pricing.

8.4 Taxes. Prices may exclude applicable taxes, duties, or bank fees unless stated otherwise.

8.5 Refunds. Refund eligibility depends on the plan, the purchase channel, and mandatory law. Purchases made through Apple, Google, or other platforms are subject to that platform's refund rules, which may control.

8.6 Price changes. Pricing may change prospectively. Where required, notice will be provided before changes take effect.

9. User Content, licences, and data rights

9.1 Ownership of Content remains with the User or the relevant rights holder.

9.2 Licence to operate and improve. To operate the Services, the User grants MachinePulse a non-exclusive, worldwide, royalty-free, transferable, sublicensable licence to host, store, cache, copy, transmit, display, perform, process, adapt (including formatting, compression, translation, feature extraction, classification), and use Content and related metadata:
(a) to provide, maintain, and secure the Services, including Location Features, Social Media Features, memory features (where enabled), and customer support;
(b) to prevent abuse, investigate incidents, enforce these Terms, and comply with law;
(c) to develop, improve, and refine the Services, including model development, evaluation, safety engineering, and quality assurance, subject to applicable law and the choices and controls described in the Privacy Policy and in-product settings.

9.3 Prohibited Content. Content must be lawful and must not infringe third party rights. Content must not include others' access credentials, payment credentials, or identity documents, except where explicitly requested for a lawful feature and with appropriate safeguards.

9.4 Service Data. MachinePulse owns Service Data and aggregated, de-identified, or derived data to the extent permitted by law. Where Service Data constitutes Personal Data, it will be processed under the Privacy Policy.

10. Outputs: use, rights, and restrictions

10.1 Outputs may be used for lawful purposes.

10.2 Outputs may contain or implicate third party rights. Publication, commercial use, redistribution, or use in advertising requires independent evaluation and, where necessary, permissions from rights holders.

10.3 Outputs must not be used to enable unlawful activity, fraud, or materially harmful conduct.

10.4 MachinePulse may use Outputs for service operation, analytics, safety, and improvement purposes consistent with the Privacy Policy, including for evaluation and model improvement, subject to applicable law and settings.

11. Acceptable Use Policy

11.1 Use of the Services must comply with this Section. MachinePulse may restrict, suspend, or terminate access for violations as set out in Section 14.

11.2 The Services must not be used to engage in, enable, or facilitate:
(a) unlawful activities, including evasion of law enforcement or regulatory controls;
(b) infringement of intellectual property, privacy, personality rights, trade secrets, or other lawful rights, including unauthorised collection or dissemination of others' personal data;
(c) fraud or social engineering, including phishing, scams, impersonation, deceptive inducement, payment fraud, or account takeover;
(d) malicious technical conduct, including malware, exploitation, intrusion, DDoS, bypassing security controls, or unauthorised system access;
(e) abuse and interference, including scraping, load testing without written authorisation, bulk registration, metric manipulation, or conduct that degrades stability or fair use;
(f) threats of violence, harassment, hate or discriminatory attacks, or guidance for self-harm or violent crime;
(g) child sexual exploitation content in any form;
(h) improper processing of sensitive personal information, including passwords, verification codes, payment credentials, precise location trails, or biometric identifiers, or use for tracking, surveillance, or discriminatory profiling;
(i) large-scale manipulation or dissemination of false information likely to cause real-world harm, fabricated official endorsement, interference with public order, or election interference.

11.3 If a violation is identified or reasonably suspected, MachinePulse may take actions including feature restrictions, rate limiting, content blocking, account suspension or termination, and cooperation with law enforcement or regulators as required by law and consistent with the Privacy Policy.

12. Intellectual Property

12.1 The Services, including software, interfaces, trademarks, logos, designs, documentation, and model orchestration, are owned by MachinePulse or its licensors and are protected by law.

12.2 Except as expressly granted, no rights are transferred. The Services must not be copied, modified, distributed, rented, sold, reverse engineered, or otherwise exploited.

12.3 Feedback may be used without compensation to improve the Services.

13. Copyright and rights complaints

13.1 MachinePulse provides access to report allegedly unlawful content, intellectual property infringement, or rights violations. You may email us to report such findings: legal@machinepulse.ai.

13.2 Reports should include sufficient information to identify the material, the basis for the claim, and contact information for follow-up.

13.3 MachinePulse may remove or restrict access to content where required by law, to address rights claims, or to reduce risk of harm, and may provide appeal or counter-notice processes where required.

14. Third Party Services

14.1 Third Party Services are not owned or controlled by MachinePulse. Access and use are at the User's discretion and risk.

14.2 Any dispute is solely between the User and the third party. MachinePulse is not responsible for Third Party Services' content, availability, or practices.

15. Suspension, termination, and post-termination

15.1 MachinePulse may suspend or terminate access where these Terms are violated, fraud or security risks exist, a material risk of harm exists, or where required by law or regulators.

15.2 On termination, access to the Services may cease immediately. Certain provisions survive termination, including Sections 9, 10, 16, 17, and 18.

15.3 Data retention and deletion are addressed in the Privacy Policy and applicable law. Some records may be retained for security, fraud prevention, and legal claims.

16. Disclaimers

16.1 THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, MACHINEPULSE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

16.2 MachinePulse does not warrant that Outputs will be accurate, complete, or suitable. Reliance on Outputs is at the User's own risk.

16.3 Some jurisdictions do not allow certain disclaimers. In such cases, disclaimers apply only to the extent permitted by law.

17. Limitation of liability

17.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, MACHINEPULSE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

17.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, MACHINEPULSE'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) FEES PAID FOR THE RELEVANT SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) SGD 100.

17.3 This Section does not limit liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or wilful misconduct, where such limitations are prohibited.

18. Indemnity

The User will indemnify and hold harmless MachinePulse and its affiliates, directors, officers, employees, and contractors from third party claims arising out of Content, violation of these Terms, infringement of rights, or violation of law, to the extent permitted by applicable law.

19. Export controls, sanctions, and restricted regions

19.1 The Services may be subject to export control and sanctions laws. The Services must not be used where prohibited by applicable law.

19.2 MachinePulse may restrict, suspend, or terminate access, or require additional verification, to comply with legal obligations, sanctions, export controls, or Third Party Services' policies.

20. Changes to the Services or Terms

20.1 MachinePulse may update the Services and these Terms for business, compliance, security, or feature reasons.

20.2 Updated Terms take effect upon publication, after any notice required by law. Continued use constitutes acceptance.

21. Miscellaneous

21.1 Notices. Legal notices may be provided by email, in-app notice, or posting within the Services.

21.2 Severability. If any provision is unenforceable, the remainder remains in effect.

21.3 Assignment. MachinePulse may assign these Terms in connection with a corporate transaction. The User may not assign without consent, except where mandatory law provides otherwise.

21.4 Force majeure. MachinePulse is not liable for delays or failures caused by events beyond reasonable control.

21.5 Entire agreement. These Terms and incorporated documents form the entire agreement regarding the Services.

22. Governing law and dispute resolution

22.1 These Terms are governed by the laws of Singapore, excluding conflict-of-law rules, subject to mandatory consumer protection laws that apply based on residence.

22.2 Except as provided in the U.S. Dispute Resolution Addendum, disputes will be resolved by binding arbitration seated in Singapore, administered by SIAC under the SIAC Rules, in English, by one arbitrator.

22.3 Injunctive relief may be sought in any court of competent jurisdiction to prevent misuse, infringement, or unauthorised access, to the extent permitted by law.

22.4 For EEA/UK consumers, arbitration does not limit rights to bring claims in local courts where mandatory law provides such rights.

A. Agreement to arbitrate

A.1 Except as set out in Section C (Small claims) and Section D (Injunctive relief), any dispute, claim, or controversy arising out of or relating to the Services or these Terms (including formation, validity, breach, termination, and enforceability) will be resolved by binding individual arbitration, not in court.

A.2 The arbitration will be administered by the American Arbitration Association (AAA) under its applicable consumer arbitration rules, unless the parties agree to another administrator.

A.3 The Federal Arbitration Act governs interpretation and enforcement of this arbitration agreement.

B. Class action waiver and representative actions prohibited

B.1 All proceedings must be conducted on an individual basis. Neither party may bring or participate in any class, collective, representative, or private attorney general action in arbitration or court.

B.2 The arbitrator may award relief only in favour of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.

B.3 If a court determines that any part of this Section B is unenforceable as to a particular claim, that claim (and only that claim) must be brought in court, and the remainder of the Addendum remains in effect.

C. Small claims

Either party may bring an individual action in small claims court if the claim qualifies and remains an individual action.

D. Injunctive relief

Either party may seek temporary injunctive relief in court to prevent unauthorised access, misuse, or infringement, pending arbitration.

E. Informal resolution first

Before initiating arbitration, the complaining party must send a notice describing the dispute and requested relief to legal@machinepulse.ai. The parties will attempt in good faith to resolve the dispute within 30 days.

F. Arbitration procedures, venue, and fees

F.1 The arbitration may be conducted by video, phone, or based on written submissions, unless an in-person hearing is required.

F.2 Unless the parties agree otherwise, an in-person hearing will take place in the county of the User's residence (or a reasonably convenient location).

F.3 Fees will be allocated under AAA rules and applicable law. If required, MachinePulse will pay arbitration fees for consumer claims to the extent mandated by AAA rules or applicable law.

G. Mass arbitration and batching

To promote efficient resolution, if 25 or more similar arbitration demands are filed against MachinePulse by the same counsel or coordinated parties, the parties agree to a batching process that groups claims into sets for bellwether and settlement discussions, consistent with due process.

H. Opt-out

A U.S. User may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending an email to legal@machinepulse.ai with the subject "Arbitration Opt-Out", including the Account identifier and a clear statement of opting out. Opting out does not affect any other term.