SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION

We respect your privacy and the use and protection of your non-public personal information. Your submission of personal information through the Website is governed by our Privacy Statement, available at pulsedigitallabs.com/privacy-policy. Pulse Digital Labs reserves the right to modify its Privacy Statement in its reasonable discretion from time to time. Our Privacy Statement is incorporated into this Agreement by reference.

SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION, PASSWORDS

To access certain products and services, you will be required to create an account. You warrant that the information you provide us is truthful and accurate and that you are not impersonating another person. You are responsible for maintaining the confidentiality of your password, and you agree not to transfer your password or username, or lend or otherwise transfer your use of or access to your account, to any third party. Memberships are for one individual unless your purchase expressly includes additional seats. Should your usage data indicate, in Pulse Digital Labs' sole and exclusive discretion, that your account is being shared, you will be subject to cancellation of your account or additional charges for each additional user. You are fully responsible for all transactions with, and information conveyed to, Pulse Digital Labs under your account. You agree to immediately notify Pulse Digital Labs of any unauthorized use of your password or username or any other breach of security related to your account. You agree that Pulse Digital Labs is not liable, and you will hold Pulse Digital Labs harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 24 below for additional information.

SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE

If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at [email protected] to modify or cancel a pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.

All items are subject to availability. We will notify you if any item is not available and of the expected availability date, and we may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute it, upon your request we will cancel your order and, if previously charged, refund your payment card for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction, on a case-by-case basis, at our sole and exclusive discretion.

Your purchase of products and services is conditioned on you re-affirming your acceptance of this Agreement.

All advertised prices are in, and all payments shall be in, U.S. Dollars.

SECTION 6 – ALL SALES FINAL; NO REFUNDS

All sales are final. Because our memberships, courses, digital products, templates, prompts, AI tools, coaching, consulting, and done-for-you services deliver immediate access to proprietary content or reserve our time, we do not offer refunds, credits, or prorated charges for any purchase, including partial months, unused time, unused sessions, or services you choose not to use, except where a refund is required by applicable law or expressly offered in writing by Pulse Digital Labs for a specific product.

If you purchased a physical product that arrives damaged or defective, contact us at [email protected] within thirty (30) days of delivery, and we will replace it.

Chargebacks. If you have a billing concern, you agree to contact us first so we can resolve it. Initiating a chargeback or payment dispute for a charge authorized under these Terms is a breach of this Agreement. If you initiate a chargeback, we may immediately suspend or terminate your access to all products and services, and you remain liable for all amounts owed, plus any fees and collection costs we incur.

SECTION 7 - FREE TRIALS, AUTOMATIC RENEWAL, AND CANCELLATION

Free trials. If you do not want to continue your subscription after a free trial ends, you must cancel at least twenty-four (24) hours before your trial period ends, either through your Client Portal or by emailing [email protected]. If you do not cancel at least twenty-four (24) hours before your trial period ends, your subscription will automatically continue, and the payment method you provided at enrollment will be charged the full subscription rate disclosed at the time of enrollment each billing period until you cancel.

Cancellation. You may cancel any subscription (including subscriptions for services and payment plans) at any time through your Client Portal or by emailing [email protected]. Cancellation must be received at least twenty-four (24) hours before your next billing date to avoid the next charge. After you cancel, you keep access through the end of your current paid billing period. You will not be entitled to prorate your final billing period or receive any refund, as described in Section 6. If you are canceling in order to transfer your GoHighLevel sub-account to another agency, the account transfer terms in Section 15 apply instead.

Payment plans. If you purchased a program or service on a payment plan, the payment plan is an installment arrangement for the full purchase price, not a month-to-month subscription. Canceling your access does not cancel your obligation to complete the remaining payments.

Price changes. If your subscription rate changes after you subscribe, we will notify you by email before the new rate takes effect and give you an opportunity to cancel.

SECTION 8 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT

You are responsible for paying all sums due to Pulse Digital Labs in connection with your subscription in accordance with these Terms. The first fee is due when your account is set up, or when your free trial ends if you have not canceled. Each billing period, your account will be charged the subscription fee plus applicable tax for the following period, together with any other fees for that period and any accumulated charges for the past period (collectively, "Fees"). Failure to use any of the products or services available through your subscription does not relieve you of your payment obligations under these Terms.

You may pay by credit card or debit card. Payment details are collected by our third-party payment processors through their secure systems. You acknowledge and agree that we hold data relating to the transaction, including the card type, last four digits, and expiration date of the card used, together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific product or service purchased (unless the subscription is canceled in accordance with these Terms), and you authorize the automatic payment collection terms applicable to that product or service (for example, monthly and for a specific amount).

IF YOU HAVE A SUBSCRIPTION AND HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED ON YOUR DESIGNATED PAYMENT DATE AND BILLED TO THE PAYMENT METHOD YOU PROVIDED. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION, YOU MAY DO SO THROUGH YOUR CLIENT PORTAL OR BY EMAILING [email protected] AT LEAST TWENTY-FOUR (24) HOURS BEFORE YOUR NEXT BILLING DATE.

Pulse Digital Labs reserves the right to immediately suspend or terminate your account and/or services for any unpaid (in whole or part) amount, with or without notice. Termination of service does not relieve or excuse you from any obligation to pay outstanding charges or expenses. If Pulse Digital Labs starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 24 below.

SECTION 9 – SHIPPING FEES

Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Delivery or shipment dates we provide are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the email address you provided when placing your order. If we are unable to contact you, or you would like to cancel a delayed order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.

SECTION 10 – PRODUCTS, SERVICES, AND PRICES

Products, services, and prices are posted on the Website and are subject to change. Pulse Digital Labs reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided in these Terms, any price change to your existing subscription takes effect only after email notice to you.

By accessing, using, subscribing, or placing an order, you authorize Pulse Digital Labs to charge your account in the amount indicated for the products and services you select. If you request a downgrade, the downgrade (and corresponding price reduction) will become effective on your next billing date following your request. By your continued use of our services, and unless you cancel as provided in Section 7, you agree that Pulse Digital Labs may charge your payment method each billing period for the products and services you have selected, and you consent to any price changes after email notice has been provided to you.

Pulse Digital Labs takes reasonable steps to ensure that prices on the Website are correct and that items are accurately described and displayed. If the correct price of a product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of the cancellation.

Pulse Digital Labs does not warrant that product or service descriptions are accurate, complete, current, or error-free. Our descriptions of, or references to, products or services not owned by Pulse Digital Labs, including third-party software such as GoHighLevel, ChatGPT, Claude, or other AI tools, are not intended to imply endorsement of that product or service or constitute a warranty by Pulse Digital Labs.

SECTION 11 – SALES TAX

Applicable sales, use, value-added, or similar taxes may be added to the purchase price where required by law. The amount of tax charged depends on the jurisdiction associated with the transaction, such as the billing address. You are responsible for any taxes that apply to your purchase unless a valid exemption certificate is provided and accepted. Tax amounts calculated through third-party payment or tax services are provided for convenience, and we do not warrant their accuracy.

SECTION 12 – DISCLAIMER: YOUR INDIVIDUAL RESULTS WILL VARY

Every person and every business is different, with different skills, experience, strategies, markets, and products. Therefore, individual results will vary. YOUR INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOU AND YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR EFFORT, CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.

Pulse Digital Labs does not promise, guarantee, or warrant your success, income, sales, followers, leads, or any other outcome. You understand and acknowledge that Pulse Digital Labs will not provide sales leads or referrals to you or your business. Customers who purchase our products or services receive education, training, coaching, templates, AI tools, and, where purchased, implementation services designed to help with AI adoption, marketing, and business automation. Based upon many factors we cannot control, what we teach or build may or may not apply to your specific situation. We do not make earnings claims, effort claims, return-on-investment claims, or claims that our products or services will make you or your business any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity, "get rich quick" program, guaranteed system, franchise, or business in a box. You should not purchase our products or services if that is your expectation. Instead, you should purchase with the understanding that using what you learn and receive will take time and effort and will apply in some situations but not others.

SECTION 13 – COACHING AND EDUCATION DISCLAIMER

Our coaching, consulting, courses, communities, and AI education are provided for educational and informational purposes only. Leonard DeCarmine is not acting as your attorney, accountant, financial advisor, licensed therapist, counselor, physician, or other licensed professional. Coaching, including business and life coaching, is not therapy, counseling, mental health treatment, or medical care, and it is not a substitute for any of them. We do not offer tax, accounting, financial, investment, legal, medical, or mental health advice. You should consult your own qualified professional for advice on these topics. You are solely responsible for your decisions, actions, and results. If you are experiencing a mental health crisis, contact a licensed professional or call or text 988 in the United States.

SECTION 14 – YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS

If you use our products or services for a business, you represent and warrant that you operate that business in good standing and that there are no prior or pending government investigations or prosecutions against you or your business. You agree that you and your business will use Pulse Digital Labs' products and services only for lawful purposes and will not use them, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. You are solely and exclusively responsible for complying with all applicable laws and regulations in running your business, including all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, text messaging, email, privacy, and taxes. You agree to notify Pulse Digital Labs if any investigation or lawsuit is threatened or filed against you, whereupon Pulse Digital Labs shall have the right to terminate this Agreement without liability. Pulse Digital Labs shall have no liability for your violation of any laws. You are solely and exclusively responsible for collecting, reporting, and remitting all sales, use, and other taxes that apply to sales of products or services made by your business. This provision applies to your business activities and not to taxes Pulse Digital Labs collects on its own sales to you as described in Section 11. You agree to indemnify Pulse Digital Labs as set out in Section 24 below if you or your business violates any law and a claim is threatened or asserted against Pulse Digital Labs as a result.

SECTION 15 – HIGH LEVEL ACCOUNTS AND DONE-FOR-YOU SERVICES

When you purchase done-for-you, implementation, or managed services, or a GoHighLevel sub-account provided by or through Pulse Digital Labs, the following terms apply in addition to the rest of this Agreement:

Third-party platform. GoHighLevel (also known as HighLevel or LeadConnector) is a third-party platform not owned or controlled by Pulse Digital Labs. Your use of any sub-account is also subject to HighLevel's terms of service and acceptable use policies. We are not responsible for platform outages, feature changes, pricing changes, data loss, deliverability issues, or account actions taken by HighLevel, carriers, email providers, or other third parties.

Your content and compliance. You are solely responsible for the contacts, content, messages, campaigns, automations, and offers in your account, including obtaining all required consent. You are responsible for compliance with the TCPA (Telephone Consumer Protection Act), CAN-SPAM Act, A2P 10DLC (carrier text messaging registration) requirements, and all other messaging and privacy laws. When we build or configure systems for you, we do so based on your instructions and the information you provide, and you remain responsible for reviewing and approving them before use.

Usage charges. Text messages, phone calls, emails, AI features, and other usage within a sub-account may incur usage charges in addition to your subscription fee. You agree to pay all usage charges billed to your account or rebilled to you by Pulse Digital Labs.

Access and non-payment. You grant Pulse Digital Labs access to your accounts as needed to perform the services you purchased. If you fail to pay any amount when due, we may suspend or remove your access to the sub-account and any systems we built. Upon termination, you may request an export of your contact data within thirty (30) days. After that period, we may delete the sub-account and its data.

Ownership of deliverables. Upon full payment, you own the final custom content we create specifically for you, such as your copy and branded assets. Pulse Digital Labs retains ownership of its pre-existing templates, snapshots, workflows, prompts, frameworks, and know-how, and grants you a non-exclusive, non-transferable license to use them within your own business for as long as you remain a paying client, unless otherwise agreed in writing. You may not resell, share, or distribute our snapshots or templates.

Account transfers. If you cancel your Pulse Digital Labs subscription and request that your GoHighLevel sub-account be transferred to another agency, the following applies: (1) your subscription will be canceled within forty-eight (48) hours of our receipt of your written transfer request; (2) your access to all tools, memberships, communities, AI Features, and other resources Pulse Digital Labs provides outside of your sub-account will end at cancellation; (3) before the transfer, Pulse Digital Labs will remove its proprietary snapshots, templates, workflows, automations, prompts, AI agents, and other pre-existing materials described under "Ownership of deliverables" above, and the final custom content you paid for remains in your sub-account; (4) all outstanding Fees, usage charges, and remaining payment plan installments must be paid in full before the transfer is released, and we will hold the transfer until payment is received; and (5) once these steps are complete, your sub-account will be transferred to the agency identified by the agency ID or relationship number you provide. You are responsible for providing an accurate agency ID or relationship number. Pulse Digital Labs is not responsible for delays or errors caused by inaccurate information, by the receiving agency, or by HighLevel. No refunds, credits, or prorated charges will be issued for any portion of the current billing period, as described in Section 6. Submit transfer requests through your Client Portal or by email to [email protected].

Separate agreements. If you sign a separate written service agreement with us, that agreement controls where it conflicts with this Section.

SECTION 16 – AFFILIATE PROGRAM

Pulse Digital Labs may offer you an opportunity to become an independent Pulse Digital Labs affiliate ("Affiliate") and earn commissions for referring customers. If we offer an affiliate program, participation will be subject to a separate Affiliate Agreement, and Pulse Digital Labs reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive.

Affiliates are independent contractors and are not employees, partners, or agents of Pulse Digital Labs. Affiliates have no authority to act on behalf of or bind Pulse Digital Labs and are solely responsible for all costs and expenses they incur. Affiliates are responsible for following all local, state, and federal laws, including those described in Section 18, disclosing their affiliate relationship as required by the FTC, and avoiding misrepresentations or creating the wrong net impression of our products and services. All Sections of these Terms apply to you in your role as Affiliate, unless expressly provided otherwise, including Sections 22 and 24 in their entirety.

SECTION 17 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEO

Pulse Digital Labs welcomes your comments regarding our services and products. Pulse Digital Labs may use testimonials and product reviews, in whole or in part, together with the name, city, and state of the person submitting them, in any form of activity relating to our services or products, in printed and online media, as Pulse Digital Labs determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting them and do not necessarily reflect the experience that you will have. As set forth in Section 12, your results will vary depending upon factors unique to you and market forces beyond Pulse Digital Labs' control.

Testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and by providing them, you grant Pulse Digital Labs a royalty-free, worldwide, perpetual, non-exclusive, and irrevocable license to use them. Pulse Digital Labs reserves the right to correct grammatical and typing errors, shorten testimonials, and review all testimonials prior to publication or use. Pulse Digital Labs is under no obligation to use any testimonial or review submitted.

SECTION 18 – COMPLIANCE WITH THE LAW; COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS

As a Pulse Digital Labs customer or Affiliate, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing; email marketing laws (including the federal CAN-SPAM Act, 15 U.S.C. § 7701); telemarketing and text messaging laws (including the federal Telephone Consumer Protection Act, 47 U.S.C. § 227, and the Federal Trade Commission's Telemarketing Sales Rule, 16 C.F.R. Part 310); laws governing endorsements and testimonials (including the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255); and laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, and import/export. You are solely responsible for ensuring your compliance with all laws, rules, regulations, and court orders of any jurisdiction applicable to you, your business, and any recipient to whom you send digital messages using our products or services, and for ensuring that all users of your account comply with them at all times.

If you use any messaging software or system, whether provided by you, by Pulse Digital Labs, or by a third party, you agree to follow all applicable laws with respect to sending messages, including without limitation the Telephone Consumer Protection Act. You agree to indemnify and defend Pulse Digital Labs from any claims, damages, losses, and lawsuits of any kind that may be made or brought against Pulse Digital Labs relating in any way to your violation of law or third-party rights through use or misuse of any messaging software or hardware, whether or not provided by Pulse Digital Labs. You understand and agree that Pulse Digital Labs has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation GoHighLevel, Facebook, Facebook Messenger, Instagram, and internet browser notifications. PULSE DIGITAL LABS DOES NOT WARRANT THAT ANY MESSAGING SOFTWARE OR SYSTEM WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND HARDWARE.

Commitment Against Harassment and Interference With Others. You must not use our services, whether alone or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive. Non-limiting examples include emails or other digital messages that promote violence, harassment, discrimination, or fraud.

SECTION 19 – COMMUNITGY GUIDELINES

Our communities, including the AI Prompt Creators community and any membership forums, chats, or live sessions, exist for learning and support. When you participate, you agree to treat other members with respect; not harass, threaten, or discriminate against anyone; not post spam, unsolicited promotions, or affiliate links without permission; not recruit members to other programs or communities; not share other members' personal information or private posts outside the community; and not record or redistribute live sessions or community content without our written permission. Content you post in a community is visible to other members. We may remove any content and suspend or remove any member who violates these guidelines, at our sole discretion, without refund.

SECTION 20 – DISCLAIMERS OF OTHER WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:

THE WEBSITE AND ALL CONTENT, PRODUCTS, SERVICES, AND TOOLS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM, THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED; OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

You agree to protect, defend, indemnify, and hold harmless Pulse Digital Labs, its owner, contractors, agents, and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of your conduct. Your indemnity obligation includes, but is not limited to, any third-party claim against Pulse Digital Labs for liability for payments for, damages caused by, or other liability relating to you.

SECTION 21 – LIMITATIONS OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL PULSE DIGITAL LABS OR ITS OWNER, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS, OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE SERVICES OR PRODUCTS, OR YOUR OR A THIRD PARTY'S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER PULSE DIGITAL LABS HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

IN NO EVENT SHALL PULSE DIGITAL LABS' TOTAL LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO PULSE DIGITAL LABS FOR THE MONTH PRECEDING THE DATE ON WHICH THE FACTS GIVING RISE TO A CLAIM OCCURRED OR TWO THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.

SECTION 22 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS' RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

If you have a complaint, dispute, or controversy, you agree to first contact us at [email protected] to attempt to resolve it informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within one hundred twenty (120) days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association ("AAA"), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 23 and 24 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Pinal County, Arizona, unless we both agree to conduct the arbitration by telephone, video conference, or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the AAA. The arbitration will be conducted in accordance with the AAA's Commercial Arbitration Rules and Procedures in effect at the time the demand for arbitration is submitted. The AAA's Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Statement, this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable, whether this arbitration agreement can be enforced against a non-signatory, and whether a non-signatory can enforce this provision against you or Pulse Digital Labs.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of Arizona without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award may be entered in any court of competent jurisdiction.

You and Pulse Digital Labs agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, conducted on a class-wide or representative basis, or combined with any other arbitration or proceeding that involves any claim or controversy of any other party. You and Pulse Digital Labs expressly waive any right to pursue any class or other representative action against each other.

Failure or delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any right to require arbitration at a later time or in connection with any other claims. All claims must be brought within one (1) year after the claim arises (the one-year period includes the 120-day informal resolution period described above).

This arbitration provision is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.

This provision survives termination of your account or relationship with Pulse Digital Labs, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (that is, unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions shall remain in full force and effect.

YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

SECTION 23 – PULSE DIGITAL LABS' ADDITIONAL REMEDIES

To prevent or limit irreparable injury to Pulse Digital Labs, in the event of any breach or threatened breach by you of this Agreement, or any infringement or threatened infringement by you of the intellectual property of Pulse Digital Labs or a third party, Pulse Digital Labs shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Pinal County, Arizona, restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement prohibits Pulse Digital Labs from pursuing in court any other remedies available to it, including the recovery of monetary damages from you and your business. You and your business irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Pinal County, Arizona for all such claims, and forever waive any challenge to those courts' exclusive jurisdiction or venue.

SECTION 24 – INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Pulse Digital Labs, its owner, employees, licensors, independent contractors, subcontractors, suppliers, and agents from and against any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, attorneys' fees, collection costs, and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to: (1) your use, misuse, or attempted use of the Website, software, products, or services; (2) information you submit or transmit through the Website or any account we provide or manage; (3) your breach of these Terms, the documents they incorporate by reference, or the representations and warranties you provide in this Agreement; (4) your violation of any law or the rights of a third party; or (5) amounts you owe us, including collection of unpaid Fees.

SECTION 25 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT

If you believe that materials or content available on the Website infringe any copyright you own, you or your agent may send Pulse Digital Labs a notice requesting removal. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Pulse Digital Labs a counter-notice. Notices and counter-notices should be sent to Pulse Digital Labs, Attention: Legal, 29617 N Blackfoot Daisy Dr, San Tan Valley, AZ 85143, or by email to [email protected]. These Terms incorporate by reference our DMCA Policy.

SECTION 26 – THIRD-PARY LINKS AND PLATFORMS

The Website may contain links to other websites and may integrate with or rely on third-party platforms, including GoHighLevel, payment processors, community platforms, and AI providers. Pulse Digital Labs assumes no responsibility for the content, functionality, availability, or privacy practices of any website or platform it does not own. Your use of third-party platforms is subject to their own terms and policies. Please see our Privacy Statement for more details.

SECTION 27 – TERMINATION

This Agreement takes effect (or re-takes effect) at the time you click "ACTIVATE MY ACCOUNT NOW," "PAY NOW," "ORDER NOW," "SUBMIT," "BUY NOW," "PURCHASE," "I ACCEPT," "I AGREE," or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, or enter payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or have violated any law, whether in connection with your use of our products and services or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you and without refund. Sections 6, 12, 13, 14, 15, 20 through 25, 28 through 36, 39, and 41 of this Agreement, as well as any representations, warranties, payment obligations, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Pulse Digital Labs.

Upon termination, you remain responsible for any outstanding payments to Pulse Digital Labs, including remaining payment plan installments.

SECTION 28 – NO WAIVER

No failure or delay on the part of Pulse Digital Labs in exercising any right, power, or remedy under this Agreement operates as a waiver, nor does any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of it or of any other right, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement is effective only if in writing and signed by Pulse Digital Labs.

SECTION 29 – GOVERNING LAW AND VENUE

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement, your access to or use of the Website, our Privacy Statement, or any matter concerning Pulse Digital Labs, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of the State of Arizona without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 22 above, the parties agree that such claim or dispute shall be brought exclusively in and decided by the state or federal courts located in Pinal County, Arizona, and you irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, those courts and forever waive any challenge to their exclusive jurisdiction or venue. All such claims must be brought on an individual, non-class, non-representative basis, and you forever waive any right to bring such claims on a class-wide or representative basis.

SECTION 30 – FORCE MAJEURE

Pulse Digital Labs will not be responsible to you for any delay, damage, or failure caused by any act of nature, illness, platform or internet outage, third-party service failure, or other cause beyond our reasonable control.

SECTION 31 – ASSIGNMENT

Pulse Digital Labs may assign its rights under this Agreement at any time without notice to you, including to any business entity Pulse Digital Labs forms or acquires. Your rights arising under this Agreement may not be assigned without the express written consent of Pulse Digital Labs or its assigns.

SECTION 32 – ELECTRONIC SIGNATURE

All information communicated on the Website is considered electronic communication. When you communicate with Pulse Digital Labs through or on the Website or via other forms of electronic media, such as email or text message, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications we provide electronically, are equivalent to communications in writing and have the same force and effect as if they were in writing and signed by the party sending them.

SECTION 33 – CHANGES TO AGREEMENT

You can review the most current version of these Terms at any time at pulsedigitallabs.com/ts. We reserve the right, at our sole discretion, to update, change, or replace any part of the Agreement, including the Privacy Statement, by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

SECTION 34 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES

You further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that if you use the Website for a business, you own, operate, and/or have the right to bind that business; (3) that you have read this Agreement and thoroughly understand and agree to its terms; and (4) that you will not resell, redistribute, or export any product or service you order from the Website except as expressly permitted in these Terms. You further represent that Pulse Digital Labs has the right to rely upon all information you provide, and that Pulse Digital Labs may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed or considered placing. Text messages are sent only with your consent, as described in our SMS Terms.

You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against, you or any business related to you by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to you, become the subject of such an investigation, inquiry, prosecution, or lawsuit, you will notify Pulse Digital Labs within twenty-four (24) hours. Pulse Digital Labs, at its sole discretion, may terminate the Agreement based on any such investigation, proceeding, or lawsuit without incurring any obligation or liability to you.

SECTION 35 – SEVERAVILITY

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected and shall continue in full force and effect, and such provision shall be modified or severed to the extent necessary to make it enforceable and consistent with the remainder of the Agreement.

SECTION 36 – ENITRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on the Website constitute the entire agreement and understanding between you and your business and Pulse Digital Labs, govern your access to and use of the Website and your ordering, purchasing, and use or attempted use of any service or product, and supersede and replace any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Pulse Digital Labs, except for any separate written service or affiliate agreement signed by both parties. New services and features we offer through the Website are also subject to these Terms. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

SECTION 37 – CONTACTING US

We encourage you to contact us with questions or comments about our products and services, or about these Terms, by email at [email protected] or by mail at:

Pulse Digital Labs

Attention: Legal

Leonard DeCarmine, dba Pulse Digital Labs

29617 N Blackfoot Daisy Dr

San Tan Valley, AZ 85143

For compliance, spam or abuse reports, affiliate questions, and general support, email [email protected] and include the topic in your subject line.

Notices to you may be made by posting a notice (or a link to a notice) on this page, by email, or by regular mail, at Pulse Digital Labs' discretion.

SECTION 38 – GDPR AND INTERNATIONAL USERS

The General Data Protection Regulation ("GDPR") is the European Union's data protection law, in effect since May 25, 2018. It applies to businesses that offer goods or services to, or monitor the behavior of, individuals in the European Economic Area, and it defines "personal data" broadly to include any information relating to an identified or identifiable person. The United Kingdom has its own version, the UK GDPR. We handle personal data of individuals in these regions as described in our Privacy Statement, which explains your rights and how to exercise them. Pulse Digital Labs is based in the United States, and by using the Website you understand that your information will be processed in the United States.

SECTION 39 – INTELLECTUAL PROPERTY AND YOUR CONTENT

Our content. Pulse Digital Labs reserves all intellectual property rights in the materials, courses, videos, recordings, prompts, templates, snapshots, frameworks, images, designs, and sounds it creates or provides. This content is licensed to you, not sold, under Section 2.

Your content. You own the content you create, including content you create using our prompts, templates, trainings, and AI tools, and any materials you upload. If you post or upload content to the Website or our communities, you grant Pulse Digital Labs a limited, non-exclusive, royalty-free license to host, store, display, and process that content as needed to operate the Website and provide our services to you. You are responsible for ensuring you have the rights to any content you upload. You may request that Pulse Digital Labs delete any of your content from the Website at any time by emailing [email protected], and we will remove it within sixty (60) days of your request.

SECTION 40 – ONLINE TRACKING TECHNOLOGIES AND ADVERTISING

We, service providers operating on our behalf, and third parties such as Google, Meta, and GoHighLevel collect information about your activity on the Website using cookies, pixels, tags, and similar technologies. We use this information to operate and improve the Website, remember your preferences, measure performance, and show you relevant advertising on third-party platforms. Our Privacy Statement describes these technologies and your choices in detail.

Some states give residents the right to opt out of the "sale" or "sharing" of personal information or of "targeted advertising." To opt out, email [email protected] with the subject line "Do Not Sell or Share My Personal Information" and include your first name, last name, email address, country, and state. We also treat a Global Privacy Control ("GPC") signal sent by your browser as a valid opt-out request for that browser. You may also opt out of targeted advertising directly with many ad networks and through the settings on your devices and social media accounts.

SECTION 41– AI-POWERED FEATURES

Pulse Digital Labs uses AI to improve its products, services, and business operations, and provides AI-powered features, including prompt tools, chat assistants, content generators, and automation tools (the "AI Features"). The AI Features rely on third-party AI providers, such as OpenAI, Anthropic, Google, and ElevenLabs. Your use of the AI Features is also subject to our Privacy Statement, which explains how your inputs are handled.

We review the AI tools we use and offer for accuracy, privacy, and security before making them available, and we monitor them for misuse. AI systems can produce outputs that are incomplete, outdated, biased, or incorrect. AI-generated responses are informational only and are not a substitute for professional advice or direct communication with Pulse Digital Labs.

Ownership of outputs. As between you and Pulse Digital Labs, you own the content you submit to the AI Features ("Inputs") and the content the AI Features generate for you ("Outputs"), subject to the terms of the underlying AI provider. Outputs are not unique, and other users may receive similar Outputs. You are responsible for reviewing Outputs before you use them and for ensuring your use does not infringe the rights of others or violate any law. If you believe your copyright-protected work was used through the AI Features without your consent, contact [email protected] to request removal.

Acceptable use. You may not use the AI Features to create content that is unlawful, deceptive, defamatory, harassing, or sexually explicit; to impersonate any person without their consent; to create a voice or likeness replica of anyone other than yourself without that person's written consent; or to generate spam or misleading marketing claims.

DISCLAIMERS. IN ADDITION TO THE DISCLAIMERS IN SECTION 20, THE AI FEATURES AND ANY OUTPUTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PULSE DIGITAL LABS, ON BEHALF OF ITSELF AND APPLICABLE THIRD-PARTY PROVIDERS (COLLECTIVELY, THE "RELEASEES," AND EACH A "RELEASEE"), MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AI FEATURES, THE CONTENT OF ANY OUTPUT, OR THE USE OF ANY INPUT, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, AVAILABILITY, SUITABILITY, OR RELIABILITY OF ANY OUTPUT, ANY RECOMMENDATION, AND WHETHER ANY OUTPUT MAY INFRINGE, MISAPPROPRIATE, OR VIOLATE ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. THE RELEASEES WILL HAVE NO LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM YOUR USE OF THE AI FEATURES OR ANY ERRORS OR OMISSIONS IN THEM. YOU SHOULD SEEK INDEPENDENT ADVICE BEFORE YOU RELY ON ANY OUTPUT.

LIMITATION OF LIABILITY. IN ADDITION TO THE LIMITATIONS IN SECTION 21, YOU AGREE THAT YOUR USE OF THE AI FEATURES IS AT YOUR OWN RISK AND THAT THE RELEASEES' SOLE OBLIGATION TO YOU IS TO PROVIDE THE AI FEATURES "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THAT ARISE OUT OF OR RESULT FROM THE USE OF, INABILITY TO USE, OR ERRORS OR OMISSIONS IN THE AI FEATURES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF A RELEASEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE RELEASEES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RELATING TO THE AI FEATURES EXCEED ONE HUNDRED DOLLARS ($100.00). IF ANY PART OF THIS LIMITATION IS DETERMINED TO BE UNENFORCEABLE OR INVALID, THE RELEASEES' LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.

Changes to the AI Features. Pulse Digital Labs reserves the right to add, change, discontinue, remove, or suspend any AI Feature, temporarily or permanently, at any time, without notice and without liability, including when a third-party AI provider changes or discontinues its service. We may change this Section from time to time by posting the updated Terms on the Website. By continuing to use the AI Features after changes are posted, you accept those changes. If you object to any change, your sole recourse is to stop using the AI Features. We may also require you to accept additional terms before accessing certain AI Features.