Terms of Service

1. Acceptance of Terms

By creating an account, accessing our website, or using any OTA-Pulse Service, you confirm that you have read, understood, and agree to be bound by these Terms and any policies referenced here, including our Privacy Policy. If you do not agree, you must not access or use the Services. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Use License & Permitted Use

Certain OTA-Pulse components — including the core agent — are distributed as open-source software under the license included in the applicable source repository, and your use of that code is governed by that license, not these Terms. For hosted Cloud and Enterprise Services, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes, subject to these Terms and any applicable order form.

You agree not to (a) resell, sublicense, or provide the Services to third parties as a standalone service without our written consent, (b) reverse engineer or attempt to extract source code except as permitted by open-source licensing or applicable law, or (c) use the Services to build a competing product.

3. Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials, API keys, and any device provisioning tokens issued to you, and for all activity that occurs under your account. You agree to provide accurate registration information and to notify us promptly at hello@ota-pulse.com if you suspect unauthorized access to your account or any security incident involving your devices or credentials.

4. Service Availability

We aim to provide reliable, highly-available Services, but the Services are provided on an "as is" and "as available" basis, without warranty of uninterrupted or error-free operation, except to the extent a specific uptime or service-level commitment is set out in a signed order form or separate Service Level Agreement. We may perform scheduled maintenance and will use reasonable efforts to provide advance notice where practicable. We are not liable for unavailability caused by factors outside our reasonable control.

5. Intellectual Property

OTA-Pulse and its licensors retain all right, title, and interest in and to the Services, including all associated software, branding, trademarks, and documentation, except for components separately licensed under an open-source license. You retain all rights to the data, firmware artifacts, and content you upload to or process through the Services ("Customer Data"). You grant us a limited license to host, process, and transmit Customer Data solely as necessary to provide the Services.

6. Limitation of Liability

To the maximum extent permitted by applicable law, OTA-Pulse shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Services. Our total aggregate liability for any claim arising out of or relating to these Terms or the Services shall not exceed the amount actually paid by you to OTA-Pulse for the Services during the [period to be finalized] immediately preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited or excluded under applicable law.

7. Termination

You may stop using the Services, or terminate a paid subscription, in accordance with the cancellation terms in your applicable order form. We may suspend or terminate your access to the Services if you materially breach these Terms and do not cure that breach within a reasonable period after notice, or immediately where necessary to protect the security or integrity of the Services or other customers. Upon termination, your right to access the Services ends, though we will provide a reasonable opportunity to export your Customer Data except where prohibited by law or unpaid fees.

8. Governing Law

These Terms are governed by the laws of [jurisdiction to be finalized], without regard to its conflict-of-laws principles. Any disputes arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the courts located in [venue to be finalized], except where applicable law requires otherwise.

9. Changes to Terms

We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. If we make material changes, we will provide reasonable notice, such as by posting an updated version on this page or notifying you by email. Your continued use of the Services after a change becomes effective constitutes acceptance of the revised Terms.

10. Contact

Questions about these Terms? Contact us at hello@ota-pulse.com .