Terms of service
The agreement for organizations and authorized people using FaciliPulse.
These Terms of Service (the "Terms") are an agreement between Palm Technologies LLC ("Palm Technologies," "FaciliPulse," "we," "us," or "our") and the person or organization accepting them ("Customer," "you," or "your"). They govern your access to and use of FaciliPulse websites, applications, APIs, integrations, devices, and related services (collectively, the "Services"). By creating an account, starting a trial, purchasing a plan, or using the Services, you agree to these Terms. If you accept for an organization, you represent that you have authority to bind it.
1. The Services and account access
FaciliPulse helps facilities publish operating information, estimate area occupancy, manage member updates, review attendance trends, and connect operational systems. Features vary by plan, configuration, region, device, and third-party availability. We may update, improve, or discontinue features; if we make a material change to a paid Service, we will use reasonable efforts to provide advance notice when practical.
Customer may permit its employees, contractors, and other authorized people to use the Services ("Authorized Users"). Customer is responsible for their use and for keeping account details current. You must protect passwords, multi-factor methods, API keys, camera credentials, launch links, webhook secrets, and integration tokens; notify us promptly at support@facilipulse.com of suspected unauthorized access.
2. License and acceptable use
Subject to these Terms and timely payment of applicable fees, Palm Technologies grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right for its Authorized Users to access and use the Services for Customer's internal facility operations during the applicable subscription period.
You will not, and will not allow anyone else to:
- use the Services unlawfully, deceptively, to harass others, or to violate another person's privacy or rights;
- access another organization's data, probe or bypass security controls, or interfere with the Services, networks, or other users;
- reverse engineer, copy, rent, resell, or create a competing service from the Services except where law prohibits that restriction;
- upload malware or use automated means to scrape, overload, or disrupt the Services;
- send spam, deceptive content, or unapproved high-risk or emergency communications; or
- remove proprietary notices or misrepresent that a feature, count, notification, or integration is independently certified when it is not.
3. Customer data and privacy
"Customer Data" means information Customer or its Authorized Users, members, recipients, devices, or integrations provide to or make available through the Services. As between the parties, Customer retains its rights in Customer Data. Customer grants Palm Technologies a worldwide, non-exclusive right to host, copy, transmit, analyze, and otherwise process Customer Data only as necessary to provide, secure, support, and improve the Services; comply with law; and enforce these Terms.
The facility that determines why and how member, visitor, notification, or camera-related information is used is generally responsible for that information. Customer represents that it has all necessary rights, notices, permissions, and legal bases to provide Customer Data and instruct us to process it. Our handling of personal information is described in the Privacy Policy, and the Data Processing Addendum supplements these Terms for Customer Personal Data. We may use de-identified or aggregated information that does not reasonably identify Customer or an individual to operate, analyze, and improve the Services.
4. Camera, occupancy, and public-status features
Customer is responsible for camera placement, signage, consent, permits, labor obligations, and all other requirements that apply where it operates. Customer must not configure the Services to identify people with facial recognition. Exclusion zones help restrict areas used for counting but do not guarantee redaction of every image or eliminate Customer's compliance responsibilities.
Occupancy and attendance values are estimates based on configured inputs. They can be inaccurate, delayed, unavailable, or affected by camera angle, lighting, connectivity, crowds, configuration, or third-party systems. Customer must independently verify operating conditions and capacity requirements. FaciliPulse is not an emergency notification, life-safety, access-control, security-monitoring, medical, or legally certified capacity-control system, and must not be relied on as one.
5. Messaging and recipient consent
Customer controls the audiences, content, channels, timing, and sender identity for messages it initiates. Before sending SMS, email, voice, or similar communications, Customer must obtain and retain any consent required by applicable law; provide legally required disclosures; honor opt-outs; use accurate sender information; and comply with carrier, platform, and anti-spam rules. Entering a phone number or importing a roster by itself is not consent.
Customer must not use the Services for unlawful telemarketing, deceptive or harmful messages, or emergency dispatch. SMS recipients may reply STOP to a supported number to opt out and HELP for help; Customer must test its configured enrollment, help, and opt-out flows before launch. Delivery, timing, filtering, and voice rendering depend on carriers and third-party providers and are not guaranteed. See Messaging and consent for additional operational information.
6. Integrations, APIs, and AI features
Customer may connect Slack, Microsoft Teams, Zapier, webhooks, or other third-party services at its own direction. Customer is responsible for its integration configuration, the data it sends, its credentials, and compliance with the third party's terms. We are not responsible for third-party services, their availability, their security, or their handling of information after Customer directs a transfer.
Optional AI review features may send the submitted text and limited request context to the configured AI provider. AI output may be inaccurate, incomplete, or unsuitable. Customer must have a qualified person review output before using it and must not use it as legal, medical, safety, employment, or emergency advice. Do not enter sensitive personal information, payment information, or credentials into AI review fields.
7. Plans, trials, fees, and taxes
The current plan descriptions and prices are shown on our Pricing page and at checkout. Fees are stated in U.S. dollars unless we specify otherwise, are due in advance, and are non-refundable except where required by law or expressly stated at checkout. Customer is responsible for applicable taxes other than taxes based on our net income. We may change future prices by giving reasonable advance notice before the next renewal.
Paid plans renew monthly unless canceled before the renewal date. Eligible organizations may receive a 14-day Pro trial with the trial limits shown at enrollment. Unless canceled before the trial ends, the trial converts to the paid Pro plan and the payment method provided at checkout is charged. One trial may be available per eligible organization; we may deny, limit, or end a trial to prevent abuse. Usage credits and add-ons are subject to the terms shown when purchased and expire only if their purchase terms say they do.
Stripe, not FaciliPulse, processes payment-card information, checkout, and customer-portal actions. Customer may manage or cancel an eligible paid subscription through the Stripe customer portal or by contacting support. Cancellation stops future renewals but does not undo charges already incurred for the current period.
8. Suspension and termination
Customer may stop using the Services at any time and may cancel a paid subscription as described above. We may suspend or limit access immediately if reasonably necessary to protect the Services, users, data, or third parties; investigate a suspected breach; comply with law; or address nonpayment or misuse. Where practical, we will provide notice and an opportunity to cure.
Either party may terminate these Terms for a material breach that is not cured within 30 days after written notice, unless the breach cannot reasonably be cured. On termination, Customer's right to use the Services ends. Customer should export needed operational data before its access ends. Deletion and retention are subject to the Privacy Policy, Customer's settings, legal obligations, security needs, backups, and third-party provider controls.
9. Confidentiality and feedback
Each party may receive non-public information of the other party that is identified as confidential or should reasonably be understood as confidential. The receiving party will use reasonable care to protect it and use it only to perform under these Terms. This does not apply to information that is public through no breach, already known without a duty of confidence, independently developed, or rightfully received from a third party. A party may disclose confidential information when required by law after providing notice where legally permitted.
Customer may provide ideas, suggestions, or feedback. We may use that feedback without restriction or compensation. Palm Technologies and its licensors retain all rights in the Services, software, branding, documentation, and improvements.
10. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." PALM TECHNOLOGIES DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT OCCUPANCY ESTIMATES, MESSAGES, INTEGRATIONS, AI OUTPUT, OR THIRD-PARTY CONTENT WILL BE ACCURATE, COMPLETE, TIMELY, OR AVAILABLE.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. PALM TECHNOLOGIES' TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS CUSTOMER PAID TO PALM TECHNOLOGIES FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
12. Indemnity
Customer will defend, indemnify, and hold harmless Palm Technologies and its officers, directors, employees, and agents from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from Customer Data, Customer's use of the Services, Customer's messaging or camera practices, Customer's integrations, or Customer's breach of these Terms or applicable law. We will promptly notify Customer of a claim and reasonably cooperate at Customer's expense; Customer may not settle a claim in a manner that admits fault by or imposes obligations on Palm Technologies without our written consent.
13. Governing law and general terms
These Terms are governed by the laws of the State of Michigan, excluding its conflict-of-law rules. The state and federal courts located in Michigan have exclusive jurisdiction over disputes arising from these Terms, and each party consents to their jurisdiction. These Terms, the Privacy Policy, and any order or plan terms accepted at checkout are the entire agreement about the Services and replace prior understandings on that subject. If a provision is unenforceable, the remaining provisions remain in effect. A waiver must be in writing and applies only to the stated instance. Customer may not assign these Terms without our consent, except in connection with a merger, acquisition, or sale of substantially all of its assets; we may assign these Terms as part of a corporate transaction.
14. Changes and contact
We may update these Terms by posting the revised version and changing the “Last updated” date. Material changes to paid Services will apply no earlier than the next renewal period unless a change is required for security, law, or a feature Customer elects to use. Continuing to use the Services after updated Terms take effect means you accept them. Questions about these Terms can be sent to support@facilipulse.com.