Terms of Service

Welcome to HeyPulse! These Terms of Service ("Terms") govern your access to and use of the websites, mobile messaging channels, applications, and dashboards operated by HeyPulse, Inc. ("HeyPulse," "we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you are entering into this agreement on behalf of a company or other legal entity (such as an employer configuring a workspace roster), you represent that you have the authority to bind such entity to these Terms.

1. Description of Service

HeyPulse provides a text-based sentiment and retention surveying tool. Employers upload employee rosters, configure survey intervals, and review aggregated employee responses on their dashboard. Employees receive automated check-in messages over text protocols (SMS/RCS) and submit ratings anonymously.

2. Employer Roster Requirements & Consent

As an employer utilizing the Services, you are responsible for maintaining the accuracy of your employee roster.

Important Compliance Requirement:You represent and warrant that you have obtained all necessary consents, authorizations, and permissions required by applicable federal, state, and local laws (including the Telephone Consumer Protection Act - TCPA) to upload your employees' mobile phone numbers and to authorize HeyPulse to dispatch survey check-ins to those numbers. You agree to indemnify and hold harmless HeyPulse from any claims resulting from your failure to secure valid employee consent.

3. Text Messaging (SMS/RCS) Program Terms

By participating in the HeyPulse check-in program, users agree to the following terms regarding text messaging:

• Opt-in Process: Users are subscribed to the messaging program when added to the HeyPulse directory by their employer.
• Opt-out / Cancellation: You can cancel the SMS service at any time. Simply reply STOPto any message you receive. After you send "STOP," we will send you an SMS confirming that you have been unsubscribed. No further messages will be sent unless you or your employer re-registers your profile.
• Help / Assistance: For help, reply HELP to any message, or email support@tryheypulse.com.
• Message Frequency: Check-in surveys are dispatched automatically based on the schedule set by your employer (typically 1 to 3 times per week).
• Message & Data Rates: Standard message and data rates from your mobile carrier may apply to all incoming and outgoing messages.
• Carrier Limitations:Delivery of text messages is subject to the performance of your mobile carrier. Neither HeyPulse nor the mobile networks (including T-Mobile, AT&T, and Verizon) are liable for delayed or undelivered messages.

4. Billing, Subscriptions, and Cancellation

• Paid Plans: Certain dashboard features and employee roster limits require a paid subscription. Billing is managed on a recurring monthly basis.
• Payment and Renewals: Your subscription will automatically renew at the end of each billing cycle unless you cancel or downgrade your plan.
• Cancellation: You can cancel your subscription at any time through your dashboard settings. Refunds are not provided for partial billing cycles.

5. Prohibited Use

You agree not to use the Services to:

• Upload phone numbers without authorization or send spam messaging.
• Transmit any harassing, defamatory, abusive, or unlawful content.
• Impersonate any person or entity, or falsify your association with a company.
• Interfere with or disrupt the technical integrity of the automated messaging gateways.

6. Limitation of Liability

To the maximum extent permitted by law, in no event shall HeyPulse, Inc. or its suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from: (a) your use or inability to use the Services; (b) any unauthorized access to our servers or stored data; or (c) any delivery failures or delays of SMS text messages due to carrier operations.

7. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any legal action arising out of these Terms shall be filed in the courts of Delaware.

8. Contact Us

If you have any questions or feedback regarding these Terms, please reach out to us at:

HeyPulse, Inc.
Email: legal@tryheypulse.com