Terms of Service

These Terms of Service ("Terms") are an agreement between RealTek Automation LLC, a Texas limited liability company doing business as "InnoStak" ("InnoStak", "we", "us") and the business or organization that uses InnoStak Pulse ("Customer", "you"). They cover the Pulse website, the app at http://pulse.innostak.com/, the free website health check, the status widget and related services (together, the "Service").

By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you accept on behalf of a business, you confirm that you have authority to bind it, and "you" means that business. If you don't have that authority, or don't agree, don't use the Service.

Our Privacy Policy, Cookie Policy, Cancellation & Refund Policy, Warranty Policy and any order form or plan description you accept are part of these Terms. If a signed order form conflicts with these Terms, the order form wins for that order.

• The Service is for businesses only, not for personal, family or household use.
• Every user must be at least 18 years old and act on behalf of a business.
• Sign-up requires a business email address. We may refuse or close accounts that use personal or disposable email addresses, or that give false information.
• You may not use the Service if you are barred from doing so under US or other applicable law, including sanctions laws.

• You're responsible for your users, their accounts and everything done under them, including the access you give to agency clients and invited team members.
• Keep credentials confidential and use strong, unique passwords.
• Remove access promptly when someone leaves your team.
• Tell us right away at support@innostak.com if you suspect unauthorized access.
• Accounts are for named individuals. Don't share logins.

• Fees: you agree to pay the fees for the plan you choose, as shown on our pricing page or your order form. Payments are processed by Stripe, and Stripe's terms apply to payment processing.
• Renewal: subscriptions are billed monthly in advance and renew automatically until cancelled. You authorize us, through Stripe, to charge your payment method on file at the start of each period, and you agree to keep a valid payment method on file.
• Cancellation: workspace owners can cancel at any time in the Stripe Customer Portal from the app, with no separate written notice. Cancellation takes effect at the end of the current paid period, and the Service continues until then.
• Refunds: all payments are final and non-refundable, including partial months and unused allowances, except as described in our Cancellation & Refund Policy (for example, billing errors reported within 7 days of the charge, or termination for our convenience) or where the law requires.
• No overage charges: when you reach a plan limit (for example, AI questions or SMS segments), that feature pauses until your next period or an upgrade. We won't charge you extra for going over. Any future automatic top-up would require your explicit opt-in.
• Plan changes: upgrades take effect right away with the proration shown before you confirm. Downgrades take effect at the end of the current period.
• Price changes: we'll give you at least 30 days' notice of a price increase, effective at your next renewal. You can cancel before it applies.
• Taxes: fees don't include taxes. You're responsible for sales, use, VAT and similar taxes, other than taxes on our income.
• Late payment: if a payment fails, Stripe may retry it and we'll send reminders. If it isn't resolved within the grace period (currently 7 days), we stop new monitoring, alerts and AI features while you keep read, export and billing access for the retention period. Access returns when the balance is paid, with no reactivation fee.
• Payment disputes: please contact us before opening a chargeback. While a chargeback or payment dispute is open we may suspend the workspace, and if it is decided in our favor or withdrawn you're responsible for the fees owed and any dispute fees, as our Cancellation & Refund Policy describes.

Pulse is in a pilot program. During the pilot, features, limits and prices may change, and some features may be removed. We'll tell you before a change that materially reduces your paid plan.

Features marked "Rolling out", "beta", "preview" or similar are provided AS IS, may not work as described, may not reach your workspace, and aren't covered by any commitments in an order form unless it says so.

You agree not to, and not to let anyone else:

• Monitor, check or connect any website, app, server or account that you don't own or aren't authorized to monitor.
• Use the Service, including the free health check, to attack, scan, probe, load-test, overload or look for vulnerabilities in any system, or to get around another party's security.
• Abuse the free health check, including automated or bulk use, using it as a proxy, or evading its rate limits.
• Circumvent plan limits, usage caps, rate limits or access controls, or create multiple accounts to avoid them.
• Reverse engineer, decompile or try to extract the source code of the Service, except where the law expressly allows it despite this restriction.
• Copy, resell, sublicense or offer the Service to others as a standalone service, except that agencies may give their clients access through client organizations as the Service allows.
• Upload malware, or content that is unlawful, infringing or harmful.
• Use the Service to build a competing product, or to benchmark it for publication without our written permission.
• Access another customer's data, or interfere with the Service or its infrastructure.
• Use the Service in violation of any law, including privacy, anti-spam and telemarketing laws.

We may investigate suspected violations and suspend access, block targets or remove content as described below.

"Customer Data" means the data you or your users submit to the Service or authorize us to collect, such as monitored URLs, data from connected providers, check results, incidents and reports about your systems.

• You own your Customer Data. We don't claim any ownership of it.
• You give InnoStak a limited, non-exclusive, worldwide license to host, copy, process, transmit and display Customer Data only as needed to provide, secure and support the Service, and as the law requires.
• You're responsible for your Customer Data, including having the rights, permissions and notices needed for us to process it (for example, if you add our optional telemetry snippet to your site, you're responsible for telling your visitors).
• We process personal data in Customer Data as your processor or service provider under our Privacy Policy and its data processing terms.

Usage data

We may collect and use information about how the Service is used, and aggregated or de-identified data derived from Customer Data, to run, secure and improve the Service. We won't use it to identify you, your users or your customers, or disclose it in a way that does.

• AI reports, summaries, answers, effort estimates and recommendations ("AI Output") are for information only. They're generated automatically and may be incomplete, out of date or wrong, even when they link to evidence.
• Effort estimates, such as "1–4 hours", are rough estimates, not quotes or promises.
• You're responsible for reviewing AI Output and for every decision and change you make based on it. Have qualified people check recommendations before acting on them.
• Pulse does not make changes to your systems. It reads and reports; it doesn't deploy, modify, repair or tune anything.
• Between you and us, you may use AI Output about your systems for your business. Similar output may be generated for other customers.

The Service works with third-party services such as Vercel, Supabase, Stripe, Twilio and email providers. When you connect or use them, their own terms and privacy policies govern your relationship with them. We don't control them and aren't responsible for them.

What Pulse can show depends on what each provider makes available to your account and plan. Some data may be unavailable, delayed or limited, and providers can change or withdraw access at any time. Pulse shows unavailable data as unknown or stale, never as healthy.

By connecting a provider, you authorize us to access it on your behalf with the permissions you grant, and you can disconnect at any time.

• Checks run at intervals (every 5 minutes on the pilot plan), and incidents open after a set number of failed checks. Pulse detects problems within minutes, not instantly, and it can miss short outages or problems it can't see.
• We don't guarantee that Pulse will detect every problem, that alerts will arrive on time, or that email or SMS carriers will deliver them.
• Pulse is not a substitute for backups, disaster recovery, security programs, penetration testing or your own monitoring of critical systems.
• Pulse is not designed for life-safety, emergency or other uses where a missed alert could cause death, injury or environmental damage.
• There's no uptime or availability commitment (SLA) for the Service unless a signed order form includes one.

While your subscription is active, we give you a limited, non-exclusive, revocable, non-transferable license to embed the Pulse status widget on websites you control, only to show your service status. Don't modify it in a way that misrepresents status or removes attribution the widget includes. You're responsible for what you choose to publish through it. The license ends when your subscription ends.

Pulse may offer to connect you with InnoStak engineers for help with issues it finds. Those professional services are optional, separate from the Service, quoted separately and governed by a separate written agreement or statement of work, together with InnoStak's company policies at innostak.com (including its 45-day workmanship warranty and its refund policy for one-time services). These Terms don't oblige us to provide them, or you to buy them.

• You can stop using the Service and cancel at any time as described above.
• Either party may end these Terms if the other materially breaches them and doesn't fix the breach within 30 days of written notice.
• We may suspend or limit access right away, with notice where practical, if we reasonably believe it's needed to prevent harm to the Service, other customers, third parties or InnoStak; to address a violation of the acceptable use rules; for non-payment after any grace period; or to comply with law.
• We may end a free or pilot account, or stop offering the Service, with at least 30 days' notice, and if we end your paid subscription for convenience, we'll refund the prepaid fees for the period after termination, as our Cancellation & Refund Policy describes.
• Sections that by their nature should survive termination (including fees owed, data, confidentiality, disclaimers, limitation of liability, indemnification and governing law) survive.

While your account is active, and for at least 30 days after it ends, workspace owners can export Customer Data from the app. After a workspace is deleted or the post-termination period ends, we delete Customer Data following the 30-day recovery period and retention schedule in our Privacy Policy. Backups roll off on their own schedule, and we may keep minimal records the law requires. We have no obligation to keep Customer Data after that.

"Confidential Information" means non-public information one party shares with the other that is marked confidential or that a reasonable person would understand to be confidential, including Customer Data and non-public details about the Service. It doesn't include information that is or becomes public through no fault of the recipient, was already known to or independently developed by the recipient, or was rightfully received from someone else without a duty of confidentiality.

The recipient will use Confidential Information only to perform under these Terms, protect it with at least reasonable care, and share it only with its employees, contractors and service providers who need to know it and are bound by similar obligations. The recipient may disclose it if the law requires, after giving notice where legally allowed.

These obligations last during your use of the Service and for two (2) years after it ends, except that they continue for as long as the information remains a trade secret, and our obligations for Customer Data continue for as long as we hold it.

InnoStak and its licensors own the Service, including its software, design, documentation, trademarks and everything we develop, except your Customer Data. Subject to these Terms, we give you a limited, non-exclusive, non-transferable right to use the Service for your business during your subscription. We reserve all rights not expressly granted.

If you give us feedback or suggestions, we may use them freely without obligation to you.

Paid subscriptions include the limited service warranty described in our Warranty Policy: if a paid feature doesn't perform materially as documented because of our error and you tell us within 45 days, we'll fix it or, if we can't within a reasonable time, you may cancel and receive a refund of the fees for the affected period. That is your sole and exclusive remedy for breach of that warranty.

EXCEPT FOR THAT LIMITED WARRANTY, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, THE FREE HEALTH CHECK, AI OUTPUT AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND INNOSTAK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. WE DON'T WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT IT WILL DETECT EVERY PROBLEM, OR THAT AI OUTPUT WILL BE CORRECT.

TO THE FULLEST EXTENT PERMITTED BY LAW:

• NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, OR BUSINESS INTERRUPTION, HOWEVER CAUSED, EVEN IF ADVISED OF THEIR POSSIBILITY.
• EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES YOU PAID TO INNOSTAK FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. [Attorney to confirm cap: 12-month fees, any minimum amount, and treatment of free accounts]
• THESE LIMITS DON'T APPLY TO YOUR PAYMENT OBLIGATIONS, EITHER PARTY'S INDEMNIFICATION OBLIGATIONS, YOUR BREACH OF THE ACCEPTABLE USE RULES, A PARTY'S GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, OR LIABILITY THAT CAN'T BE LIMITED BY LAW. [Attorney to confirm: carve-outs, and whether data-breach claims get a separate higher cap]

These limits apply to all claims together, under any theory (contract, tort, including negligence, or otherwise), and are an essential basis of the bargain.

By you: you will defend InnoStak and its members, officers, employees and contractors against third-party claims, and pay resulting damages, costs and reasonable attorneys' fees, arising from your Customer Data, your monitoring or connection of any system you don't own or aren't authorized to monitor, your use of the Service in violation of these Terms or law, or your products and services (including an agency's services to its clients).

By us: we will defend you against third-party claims that the Service, as we provide it, infringes a US patent, copyright or trademark or misappropriates a trade secret, and pay resulting damages and costs finally awarded or agreed in settlement. This doesn't cover claims arising from Customer Data, AI Output, third-party services, combinations with things we didn't provide, or modifications or use not allowed by these Terms. If a claim is made or likely, we may modify the Service, get you the right to keep using it, or end your subscription and refund prepaid fees for the unused period. This paragraph is our entire obligation for infringement claims. [Attorney to confirm: indemnity scope for both parties]

The party seeking defense must promptly notify the other, give it control of the defense and settlement (no settlement that admits fault or imposes obligations on the defended party without its consent), and reasonably cooperate.

Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, war, terrorism, civil unrest, labor disputes, government action, internet or utility failures, or outages of third-party hosting and cloud providers. This doesn't excuse payment obligations.

You will comply with US export control and sanctions laws. You confirm that you and your users are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive US sanctions, and are not on any US government restricted-party list, and you won't use or allow access to the Service in violation of those laws.

We may update these Terms. For material changes, we'll notify workspace owners by email or in the app at least 30 days before they take effect. Other changes take effect when posted. If you keep using the Service after changes take effect, you accept them. If you don't agree to a material change, you can cancel before it takes effect. Changes won't apply to disputes that arose before they took effect.

These Terms are governed by the laws of the State of Texas and applicable US federal law, without regard to conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods doesn't apply.

Any dispute arising from these Terms or the Service will be resolved exclusively in the state and federal courts located in Montgomery County, Texas, and both parties consent to personal jurisdiction and venue there. Either party may seek temporary injunctive relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

There is no arbitration. Before filing a claim, each party agrees to try to resolve the dispute informally for 30 days after written notice.

Individual claims only: to the extent the law allows, each party may bring claims against the other only in its individual capacity, not as a plaintiff or class member in any class, collective or representative action. [Attorney to confirm: enforceability of the class-action waiver without arbitration, and whether to add a jury-trial waiver]

• Assignment: you may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets. Any other attempted assignment is void.
• Notices: we'll send notices to the account owner's email address or through the app. Send notices to us at support@innostak.com. Legal notices should also be sent to RealTek Automation LLC, Spring, Texas, USA. Email notices are effective when sent.
• Entire agreement: these Terms, with the documents they reference and any order form, are the entire agreement about the Service and replace earlier agreements on the subject. Terms in your purchase orders don't apply.
• Severability: if a provision is unenforceable, it will be changed to the minimum extent needed and the rest stays in effect.
• No waiver: not enforcing a provision isn't a waiver of it.
• Relationship: the parties are independent contractors. There are no third-party beneficiaries.
• Publicity: we will only name you as a customer, or use your logo, with your written permission.

Questions about these Terms: email support@innostak.com or call 346-480-7666.

RealTek Automation LLC, doing business as InnoStak. Spring, Texas, USA.