These Terms of Service ("Terms") govern your access to and use of the KX Pulse website, applications, and services (collectively, the "Service") provided by Kaizen Edge X LLC ("KX Pulse," "we," "us," or "our"). By creating an account or using the Service, you agree to these Terms. If you use the Service on behalf of a company, you represent that you have authority to bind that company, and "you" refers to that company.
1. The Service
KX Pulse is a B2B lead intelligence platform for service companies. The Service may include territory scanning, company and contact discovery, website analysis, trigger and intent scoring, AI-generated outreach drafts, email sending through connected accounts, CRM synchronization, and related features. Features may change over time as we improve the product.
We may offer free trials or paid subscriptions. Specific plan terms, pricing, and billing details will be presented at signup or in a separate order form when available.
2. Eligibility
You must be at least 18 years old and use the Service for lawful business purposes. The Service is intended for businesses selling B2B services in the United States unless we expressly agree otherwise in writing.
3. Accounts and security
You must provide accurate registration information and keep your account credentials secure. You are responsible for all activity under your account, including actions taken by users you authorize within your organization or tenant.
You must notify us promptly at legal@kxpulse.com if you believe your account has been compromised.
4. Acceptable use
You agree not to:
- Use the Service for unlawful, fraudulent, harassing, or deceptive purposes.
- Send unsolicited commercial email or messages that violate CAN-SPAM, state anti-spam laws, the Telephone Consumer Protection Act (TCPA), or similar regulations.
- Contact individuals or businesses without a lawful basis, required notices, or valid opt-out mechanisms where applicable.
- Misrepresent your identity, affiliation, or the source of any outreach sent through the Service.
- Attempt to access data belonging to another tenant, probe or scan our systems without authorization, or interfere with the Service's operation.
- Resell, sublicense, or provide unauthorized access to the Service except as expressly permitted by us.
- Use the Service to build or train a competing product using our proprietary outputs, models, or non-public interfaces.
We may suspend or terminate access if we reasonably believe you have violated these Terms or applicable law.
5. Lead data and your responsibilities
The Service helps you identify and analyze publicly available or licensed business information. KX Pulse does not guarantee the accuracy, completeness, or timeliness of company, contact, or trigger data. You are solely responsible for verifying information before relying on it or contacting prospects.
You are the controller of prospect and outreach data processed through your account. You represent that you will:
- Comply with all applicable privacy, marketing, and employment laws.
- Honor unsubscribe and opt-out requests promptly.
- Use enrichment and contact data only for legitimate B2B sales and marketing purposes permitted by law.
- Maintain records and policies appropriate for your industry, including regulated sectors such as healthcare or financial services where additional rules may apply.
6. Outreach and connected accounts
If you connect an email account or use outreach features, you authorize us to send messages on your behalf according to your instructions. You remain the sender of record for those communications.
AI-generated drafts are suggestions only. You must review content for accuracy, compliance, and tone before sending. We are not responsible for the legal or commercial consequences of messages you approve or send.
You grant us permission to access connected third-party accounts only as needed to provide the features you enable, such as sending mail or syncing CRM records.
7. Intellectual property
We and our licensors own the Service, including software, design, branding, and documentation. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.
You retain ownership of content you submit to the Service, including business configuration and custom messaging. You grant us a non-exclusive license to host, process, and display that content solely to operate and improve the Service for you.
8. Feedback
If you provide suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or compensation to you.
9. Third-party services
The Service integrates with third-party providers such as search, enrichment, AI, email, and CRM platforms. Your use of those services may be subject to their own terms and policies. We are not responsible for third-party services outside our reasonable control.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT IT WILL GENERATE REVENUE, MEETINGS, OR SALES. PUBLIC DATA SOURCES AND AI OUTPUTS MAY CONTAIN ERRORS OR BECOME OUTDATED.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER KX PULSE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
12. Indemnification
You will defend, indemnify, and hold harmless KX Pulse and its affiliates from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your outreach or marketing activities, your violation of these Terms, or your violation of applicable law or third-party rights.
13. Suspension and termination
You may stop using the Service at any time. You may delete your account from Settings, which initiates removal of tenant data subject to our Privacy Policy.
We may suspend or terminate your access immediately if you breach these Terms, create risk for us or other users, or if required by law. Upon termination, your right to use the Service ends, but sections that by their nature should survive will remain in effect.
14. Changes to the Service or Terms
We may modify the Service or these Terms from time to time. If we make material changes to these Terms, we will provide notice by posting the updated Terms and updating the "Last updated" date. Continued use after changes become effective constitutes acceptance. If you do not agree, you must stop using the Service.
15. Governing law and disputes
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Except where prohibited, the exclusive venue for disputes arising out of or relating to these Terms or the Service will be the state or federal courts located in California, and you consent to personal jurisdiction there.
16. General
These Terms, together with our Privacy Policy and any order form or plan terms presented at purchase, constitute the entire agreement between you and KX Pulse regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
17. Contact
Questions about these Terms may be sent to:
Kaizen Edge X LLC
Email: legal@kxpulse.com