Terms of Service

Last updated: 26 October 2026

Public offer agreement for access to the PulseMarko service. This document is a public offer by [Service owner — fill in the details in Admin → Documents] to enter into an agreement on the terms below, under Articles 633, 634 and 641 of the Civil Code of Ukraine and the Law of Ukraine «On Electronic Commerce». Contact: [email protected]. The Ukrainian version prevails in case of discrepancies.

1. Definitions

• Service — the PulseMarko online platform: messaging inbox, chatbots, website chat, AI replies, broadcasts, post planner, link-in-bio pages, websites, online courses and related features available on the Provider's website.
• Customer — a person who registered an account and accepted this offer.
• Customer's Audience — people who message the Customer through connected channels, leave requests, buy or study on the Customer's pages, sites and courses.
• Customer Content — texts, files, images, video, flows, knowledge bases, contact data and messages that the Customer or its staff upload or send through the Service.
• Module — a separately priced part of the Service with its own limits (plan).

2. Conclusion of the agreement

• Registering an account with the consent checkbox, or any actual use of the Service, is acceptance of this offer. The agreement is concluded electronically upon acceptance and is equivalent to a written agreement.
• The Service is intended for business, professional or creative activity. By accepting, the Customer confirms they are at least 18, have full legal capacity and the authority to act for the company they register.
• The Customer warrants that it is not a resident of an aggressor state or a state supporting it, is not subject to sanctions of Ukraine, the EU, the UK or the USA and does not act for such persons. If this proves untrue, the Provider may refuse or terminate service without refund.

3. Subject

The Provider gives the Customer online access to the Service features under the chosen plan (software as a service); the Customer uses them under this agreement and pays for paid Modules. No rights to the Service source code are transferred. Features, limits and prices are listed on the pricing page in the Service and form part of this agreement.

4. Plans, payment and refunds

• Prices are set in US dollars; amounts in hryvnias are shown for reference at the National Bank of Ukraine rate on the invoice date. Payment is made in advance for the chosen period (month or year) through the payment providers listed in the Service. There are no automatic charges.
• Services are deemed duly provided and accepted on the last day of the paid period unless the Customer sends a reasoned written claim before then. No acceptance certificate is drawn up; an electronic invoice or certificate is provided on request.
• The free plan and the trial let the Customer evaluate the Service before paying. Therefore fees for a started paid period are non-refundable, except when the Service was unavailable through the Provider's fault for more than 72 consecutive hours, when the Provider terminated the agreement without the Customer's breach, or where the law requires a refund; in these cases the unused part is refunded pro rata.
• If a paid period ends without renewal, the account moves to the free plan; data above free limits is kept for at least 30 days and may then be unpublished or deleted under the Privacy Policy.
• The Provider may change prices; new prices apply from the next paid period after notice, not to a period already paid.
• Bank and payment provider fees, currency differences and the Customer's taxes are borne by the Customer.

5. Payments from the Customer's Audience

• Payments for the Customer's goods, services and courses go directly to the Customer's own accounts with the payment providers it connected (monobank, LiqPay, WayForPay, NovaPay, Heleket, etc.). The Provider is not a payment institution, does not receive or hold these funds, takes no commission on sales and is not a party to transactions between the Customer and its buyers or students.
• The Customer alone is responsible for its contracts with buyers and students, quality of goods and services, refunds, consumer rights, taxes, fiscal receipts (RRO/PRRO), licences and permits, and for complying with the rules of connected payment providers.

6. Customer obligations

• Provide accurate data, keep passwords and access codes secret and control the actions of its staff. All actions in the account are deemed the Customer's actions.
• Connect only accounts, Pages, bots, numbers and domains the Customer owns or is authorised to manage, and follow the rules of the respective platforms (Meta, Telegram, Viber, TikTok, telecom operators, payment providers).
• Send messages, broadcasts, SMS and emails only to people who contacted the Customer first or agreed to receive messages, with a way to unsubscribe; comply with laws on electronic communications, advertising and personal data protection.
• Inform the Audience about call recording and the use of chatbots and AI where required by law or platform rules.
• Hold all rights to Customer Content (copyright, related rights, trademarks, images of people), including course and website materials.
• Keep its own copies of important Content; on request the Provider provides an export of the account data.

7. Prohibited use

• Spam, unsolicited bulk messages, circumventing platform limits and rules, including the 24-hour messaging window in Instagram, Facebook and WhatsApp.
• Selling or inflating followers, likes, views or comments; fake reviews; phishing; collecting passwords or payment data; malware.
• Illegal content: infringing intellectual property, defamatory, inciting violence, justifying aggression against Ukraine, child sexual abuse material; sale of prohibited goods and services, unlicensed gambling, pyramid schemes.
• Using the Service to analyse, copy or build a competing product; decompiling, reverse engineering, automated data collection (scraping), bypassing technical protections, load testing without written consent.
• Reselling or giving third parties access to the Service as one's own product without a separate written agreement with the Provider. Agencies may work with their clients' accounts through the Service's projects and roles.
• Transferring data obtained via platform APIs to data brokers or ad networks, or using it for anything other than serving the Customer's own Audience.

8. Restriction and suspension

• In case of a breach of this agreement, platform rules or law, a complaint from a rights holder or authority, or a threat to the security of the Service or other customers, the Provider may without prior notice restrict features, stop broadcasts, hide content or suspend the account. We will say which rule was broken and how to fix it unless the law prohibits it.
• For serious or repeated breaches (spam, fraud, illegal content, sanctions) the Provider may terminate the agreement unilaterally without refunding the paid period.
• Report infringing content to [email protected] with a link to the page and proof of rights; we review reports within a reasonable time.

9. Third-party platforms and AI

• Instagram, Facebook, WhatsApp, Telegram, Viber, TikTok, telephony, SMS, email, video hosting and payment providers are used only through their official APIs and depend on their rules and availability. They may change or restrict their APIs or block the Customer's account, number or bot at any time. The Provider is not liable for such third-party decisions and their consequences and does not guarantee approval of access (for example, Meta App Review).
• AI replies, suggestions and drafts are generated automatically by an artificial intelligence model and may contain errors. The Customer decides whether to enable them, configures the knowledge base and is responsible for replies sent on its behalf. AI does not provide legal, medical or financial advice.
• Course video protection (watermark, device limits, protected players) makes copying harder but cannot technically prevent it completely.

10. Intellectual property

• The Service, its code, design, texts, templates and the PulseMarko name belong to the Provider. The Customer receives a non-exclusive, non-transferable right to use the Service during the agreement for its own activity only.
• Customer Content remains the Customer's. The Customer grants the Provider a free non-exclusive licence to store, process, reproduce and display it only as needed to run the Service, for the term of the agreement and data retention.
• The Provider may use suggestions and feedback about the Service without restriction or compensation.
• On the free plan some Modules (for example, website chat) may show a «Powered by PulseMarko» label.

11. Personal data (data processing terms)

• For the Customer's account and staff data the Provider is the controller; processing is described in the Privacy Policy.
• For personal data of the Customer's Audience the Customer is the controller and the Provider is the processor, acting only on the Customer's instructions given by this agreement and the Service settings, and only to provide the Service.
• The Customer warrants it has a lawful basis to process Audience data (consent, contract, etc.) and has informed people about processing and transfer to a processor.
• The Provider: applies reasonable organisational and technical security measures; gives access only to persons who need it; uses the sub-processors listed in the Privacy Policy, to which the Customer consents; notifies the Customer of a personal data breach affecting its Audience without undue delay, where feasible within 72 hours; helps respond to data subject requests within the Service features; deletes data after termination within the periods in the Privacy Policy unless the law requires retention.

12. Availability and liability

• The Service is provided «as is» and «as available». The Provider makes reasonable efforts to keep it running but does not guarantee the absence of outages and errors, delivery of messages by third-party platforms or fitness for the Customer's particular expectations. Planned maintenance usually takes place at night Kyiv time.
• The Provider is not liable for indirect damages and lost profits, loss of data, reputation, customers or revenue, account blocks by third-party platforms, or actions of the Audience, the Customer's staff and third parties, nor for consequences of using the Service in breach of this agreement.
• The Provider's total liability for all claims related to the agreement is limited to the amount actually paid by the Customer for the 3 months preceding the event; for the free plan, to the equivalent of USD 10. This limit does not apply where the law expressly prohibits it (for example, wilful misconduct).
• The Customer shall indemnify the Provider for documented losses, fines and costs (including legal fees) caused by the Customer's breach of this agreement, third-party rights or law, including claims by the Audience, rights holders, platforms and authorities.

13. Force majeure

The parties are released from liability for non-performance caused by force majeure (Article 617 of the Civil Code of Ukraine): hostilities and martial law, attacks on energy or telecom infrastructure, power or communication outages, cyberattacks, acts of authorities, decisions of third-party platforms, natural disasters. If such circumstances are publicly known, a certificate of the Ukrainian Chamber of Commerce and Industry is not required.

14. Term, changes and termination

• The agreement is valid indefinitely from acceptance until the account is deleted or the agreement is terminated.
• The Customer may terminate at any time by deleting the account or writing to us. Fees for a started period are refunded only in the cases in section 4.
• The Provider may amend these terms. We notify about material changes by email or in the Service at least 10 days before they take effect. Continued use after that means acceptance; if the Customer disagrees, it may terminate the agreement.
• The Provider may discontinue the Service entirely with at least 30 days' notice, refunding the unused part of paid periods pro rata.

15. Notices and disputes

• Notices are exchanged by email (the one in the Customer's account and the one on this page) or in the Service and have the force of written notices.
• Disputes are settled by negotiation. Send claims to [email protected]; we answer within 30 days. Otherwise the dispute is heard by the court at the Provider's location under Ukrainian law.
• This agreement is governed by the law of Ukraine. If any provision is held invalid, the rest remains in force.

16. Provider details

[Service owner — fill in the details in Admin → Documents]
Email: [email protected]