Terms of Service
1. Acceptance of Terms
By accessing, using, or engaging with DataPulse Analytics Consulting ("DataPulse", "we", "us", or "our"), you ("Client", "you", or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you must not use our services.
These Terms constitute a legally binding agreement between you and DataPulse Analytics Consulting. We reserve the right to update these Terms at any time, and continued use of our services following such updates constitutes acceptance of the revised Terms.
2. Description of Services
DataPulse provides professional analytics consulting, data engineering, business intelligence, artificial intelligence/machine learning model development, and related advisory services. All services are delivered based on mutually agreed-upon Statements of Work (SOW), project scopes, and engagement agreements.
We do not guarantee specific business outcomes, ROI figures, or predictive accuracy levels unless explicitly stated in a signed SOW. Our deliverables may include data dashboards, analytical models, data pipelines, strategic recommendations, and implementation support.
3. Client Obligations
To ensure successful project delivery, you agree to:
- Provide timely access to necessary data systems, APIs, datasets, and business context.
- Assign a dedicated point of contact for project coordination and approval workflows.
- Ensure all provided data complies with applicable laws and your internal compliance standards.
- Communicate any material changes to project scope, timelines, or data sources within 48 hours.
Failure to meet these obligations may result in project delays, additional costs, or suspension of services without penalty to DataPulse.
4. Intellectual Property
Pre-existing IP: DataPulse retains all rights to our proprietary methodologies, frameworks, code libraries, templates, and analytical models developed prior to or independently of your engagement.
Deliverables: Upon full payment of all invoices, ownership of custom-built deliverables explicitly created for your engagement will transfer to you, excluding any underlying pre-existing IP, third-party components, or generalized frameworks.
Licenses: Third-party software, datasets, or open-source components used in deliverables remain subject to their respective licenses. DataPulse will provide attribution and license documentation where applicable.
5. Data Privacy & Security
DataPulse treats all Client data as strictly confidential. We implement industry-standard security measures including encryption at rest and in transit, role-based access controls, regular security audits, and secure data disposal protocols.
We will not sell, rent, or share your data with third parties except as necessary to fulfill service obligations or as required by law. All data processing activities comply with applicable data protection regulations (including GDPR, CCPA, and HIPAA where relevant). Specific data handling procedures are outlined in our Data Processing Agreement (DPA).
6. Fees & Payment
All fees, payment schedules, and invoicing terms are defined in the relevant SOW or Master Services Agreement. Unless otherwise agreed in writing:
- Invoices are due within 30 days of the invoice date.
- Late payments incur interest at 1.5% per month or the maximum rate permitted by law, whichever is lower.
- Scope changes may result in adjusted pricing, which requires mutual written approval before implementation.
DataPulse reserves the right to pause or suspend services if payments are overdue by more than 15 days.
7. Limitation of Liability
To the maximum extent permitted by applicable law, DataPulse's total liability arising from or related to these Terms or our services shall not exceed the total fees paid by you for the specific service giving rise to the claim during the 12 months preceding the claim.
In no event shall DataPulse be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities. This limitation applies regardless of the legal theory, including breach of contract, tort, or strict liability.
8. Termination
Either party may terminate an engagement for convenience with 30 days written notice, subject to completion of any ongoing critical milestones. Immediate termination may occur for material breach, insolvency, or violation of data security policies.
Upon termination, you will be invoiced for all work completed and non-cancellable expenses incurred up to the termination date. DataPulse will securely return or destroy your data within 30 days, unless otherwise required by law or contract.
9. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall first be subject to good-faith negotiation. If unresolved within 30 days, disputes shall be settled through binding arbitration in Wilmington, Delaware, under the rules of the American Arbitration Association.
10. Amendments
DataPulse may modify these Terms at any time to reflect changes in our services, legal requirements, or business practices. Material changes will be communicated via email or posted on our website with a revised effective date. Your continued engagement within 14 days of such changes constitutes acceptance.
11. Contact Information
If you have questions, concerns, or require a copy of these Terms for your records, please contact our legal or client services team:
- Email: legal@datapulse-analytics.com
- Address: DataPulse Analytics Consulting, 1200 Analytics Way, Suite 400, San Francisco, CA 94105
- Phone: +1 (888) 555-0198
By proceeding with our services, you acknowledge that you have read these Terms of Service and agree to be bound by them.