Please read these terms carefully. They form a binding agreement between you (or the organisation you represent) and PulseMenu ApS, a Danish private limited company headquartered in Copenhagen ("PulseMenu", "we", "us"). For business-to-business engagements, these terms are supplemented by any signed Order Form, our Data Processing Agreement, and our Privacy Policy.
Definitions
- "Service" / "Platform" means the PulseMenu web application, APIs, mobile apps, integrations, and related documentation.
- "Customer Data" means data, including personal data, submitted by you or your users to the Platform.
- "Order Form" means any subscription order document executed between PulseMenu and the Customer.
- "Authorised User" means an individual the Customer permits to access the Platform.
- "Subscription Term" means the period during which the Customer is entitled to use the Platform.
Account and access
You must be at least 18 and authorised to bind your organisation in order to open an account. You are responsible for:
- The accuracy of registration information;
- Keeping credentials confidential and enabling multi-factor authentication for administrators;
- All activity that occurs under your Authorised Users' accounts; and
- Notifying us promptly of any unauthorised access at security@pulse-menu.com.
Licence and use of the Platform
Subject to these terms and timely payment of fees, PulseMenu grants the Customer a non-exclusive, non-transferable, non-sublicensable licence during the Subscription Term to access and use the Platform for its internal business operations.
Acceptable use
You will not, and will not allow any Authorised User to:
- Use the Platform in a way that violates applicable law or third-party rights;
- Reverse engineer, decompile, or attempt to extract the source code, except where this restriction is prohibited by law;
- Probe, scan, or test the vulnerability of the Platform without express written permission;
- Resell, rent, or commercially exploit the Platform beyond your own business operations;
- Use the Platform to send unsolicited communications or to process data unrelated to hospitality operations;
- Upload viruses, malicious code, or content that infringes the rights of others.
Subscriptions, fees, and renewals
Subscriptions are billed in advance on a monthly or annual basis as specified in the applicable Order Form or sign-up flow. Fees are quoted exclusive of VAT and other applicable taxes, which the Customer is responsible for.
- Auto-renewal — Subscriptions renew automatically for successive terms unless cancelled before the end of the current term.
- Price changes — We may revise pricing at the start of a renewal term with at least 60 days' notice.
- Non-payment — We may suspend or terminate access for accounts more than 14 days overdue, after written notice.
- Refunds — Fees are non-refundable except where required by law.
Free trials and beta features
Trial subscriptions and features marked "beta", "preview", or similar are provided "as is" and may be modified, restricted, or discontinued at any time. Limits, support obligations, and warranties for paid plans do not apply to trials or beta features.
Customer Data and intellectual property
Customer Data ownership
You retain all rights, title, and interest in Customer Data. You grant PulseMenu a limited licence to process Customer Data solely to provide and improve the Platform in accordance with these terms and the DPA.
PulseMenu's IP
PulseMenu retains all rights in the Platform, including software, models, documentation, and trademarks. We may use feedback you provide to improve the Platform without obligation to you.
Aggregate and anonymised data
We may create aggregated, de-identified data from Customer Data for analytics, benchmarking, and product improvement. Such data does not identify any individual or customer and is not Customer Data.
Service levels and support
We target 99.9% monthly uptime for production environments, measured outside scheduled maintenance and force majeure events. Subscription tiers with a published Service Level Agreement include service credits as the exclusive remedy for missed availability targets.
Support is offered via email and in-app chat during business hours; priority support is available on higher plans.
Security
PulseMenu maintains a documented information security programme aligned with ISO 27001 controls. We encrypt data in transit and at rest, conduct regular penetration tests, and notify affected customers within 72 hours of a confirmed personal data breach. Detailed measures are described in the DPA.
Third-party services and integrations
The Platform may integrate with third-party POS, booking, accounting, or marketing services. Your use of those services is governed by their own terms, and PulseMenu is not responsible for the availability, accuracy, or security of third-party services beyond the scope of our APIs.
Warranties and disclaimer
We warrant that we will provide the Platform with reasonable skill and care. To the maximum extent permitted by law, the Platform is otherwise provided "as is" and PulseMenu disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
PulseMenu provides recommendations (including AI-assisted insights) for informational purposes. You are responsible for reviewing them and for all operational decisions made in your venues.
Limitation of liability
To the maximum extent permitted by law, neither party shall be liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits, revenue, goodwill, or data.
Each party's aggregate liability arising out of or related to these terms is capped at the fees paid by the Customer to PulseMenu in the 12 months preceding the event giving rise to the claim. Nothing in these terms limits liability for fraud, gross negligence, or any other liability that cannot be limited under applicable law.
Indemnification
PulseMenu will defend the Customer against third-party claims alleging that the Platform, when used as permitted under these terms, infringes a third party's intellectual property rights, and will pay settlements or final court awards for such claims, subject to the liability cap above.
The Customer will defend PulseMenu against third-party claims arising from (a) Customer Data, (b) use of the Platform in violation of these terms, or (c) the Customer's combination of the Platform with products or services not provided by PulseMenu.
Term and termination
These terms remain in force during any active Subscription Term. Either party may terminate:
- At the end of the then-current Subscription Term, by providing notice before renewal;
- For material breach not cured within 30 days of written notice; or
- Immediately for insolvency or comparable events.
On termination, the Customer's right to access the Platform ends. PulseMenu will make Customer Data available for export for 30 days after termination, after which it will be deleted in accordance with our retention schedule, subject to backup cycles.
General provisions
Governing law and venue
These terms are governed by the laws of Denmark, excluding its conflict-of-laws rules. Disputes will be resolved exclusively before the City Court of Copenhagen, without prejudice to mandatory consumer protections.
Assignment
You may not assign these terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of substantially all of our assets.
Force majeure
Neither party is liable for failure to perform due to events beyond its reasonable control, including natural disasters, internet outages, war, and government action.
Notices
Legal notices must be sent in writing to legal@pulse-menu.com and to the email address registered on your account.
Entire agreement
These terms, together with any Order Form, the DPA, the Privacy Policy, and any policy referenced in them, constitute the entire agreement between the parties and supersede prior agreements on the subject matter.
Contact us
Questions about these terms? Email legal@pulse-menu.com.
We're happy to walk your legal or compliance team through any clause. Reach out at legal@pulse-menu.com.
