Review Pulse Terms of Service

SOFT BETA — Operational draft. These Terms apply to soft-beta use of Review Pulse. The Service is provided AS IS. This draft is not a formal Florida counsel opinion and is not counsel-cleared for paid production. Soft beta may display visible placeholders (for example [NOTICES_EMAIL]). Soft-beta features may change without notice. Obtain Florida counsel review and replace placeholders before paid / full production.

Version: 1.1-soft-beta-draft (no AI) Effective date: September 21, 2026 Status: Soft-beta operational draft — pending Florida counsel review before paid production Changelog 1.1: Automated draft-reply / LLM features removed from product and these Terms (Boris + Lead Engineer).

Provider: OSHER PULSE LLC (“Osher Pulse,” “we,” “us,” or “our”), a Florida limited liability company Document No.: L26000375612 Address: [PHYSICAL_ADDRESS], Boca Raton, FL area Product: Review Pulse (“Service”) Public URL: https://reviews.osherpulse.com Notices: [NOTICES_EMAIL]

These Terms of Service (“Terms”) govern your access to and use of Review Pulse. By creating an account, accessing, or using the Service, you agree to these Terms and acknowledge the Privacy Policy. If you use the Service on behalf of a business, you represent that you have authority to bind that business, and “you” or “Customer” includes that business.

Language. These Terms may be provided in English and Spanish. If both are presented, the English version prevails in case of conflict or ambiguity.

1. What Review Pulse Is

Review Pulse is B2B software only. It helps merchants and similar commercial users:

Request post-service feedback from end customers via links delivered over channels such as WhatsApp and/or SMS;
Collect private feedback and support compliant public-review workflows (the Google review / public review path must remain available — see Section 5);
View a dashboard of feedback and reviews;
Connect integrations such as Google Business Profile (OAuth/API), messaging providers, and Stripe billing when enabled;
Use the Service as a web app and, where offered, as a PWA.

We are not:

A party to any relationship between you and your end customers;
A law firm, attorney, or provider of legal advice;
A guarantor of review volume, ratings, SEO outcomes, message delivery, or platform approval (Google, Meta/WhatsApp, carriers, etc.);
Claiming HIPAA, SOC 2, ISO 27001, or similar certifications in these Terms.

You are solely responsible for how you solicit reviews, the content of messages you instruct us to send, and any replies you publish.

2. Soft Beta; AS-IS Service

Soft beta is early access. Features, limits, integrations, and UI may change, break, or be withdrawn without notice.
Soft beta is intended for evaluation and limited commercial use under these Terms, not as a warranty of production-grade readiness.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” (see Disclaimers below).
Visible placeholders (notices email, address, providers) may appear until filled for paid production.

3. Eligibility and Acceptance

You must be at least 18 years old.
The Service is intended for commercial / B2B use by merchants and their authorized staff, not for consumer household use as a primary design.
You must provide accurate account and business information and keep it updated.
By checking the signup acceptance box (or similar) and using the Service, you accept these Terms and the Privacy Policy.

4. Accounts, Plans, and Fees

4.1 Free / soft-beta tiers

Soft beta may include free tiers or limited usage as described in the product UI or pricing page.

4.2 Paid plans (when enabled)

When paid subscriptions are enabled, fees are as stated at purchase or on the pricing page. Billing is processed by Stripe. Taxes may apply. Unless required by law or expressly stated otherwise, subscription fees are non-refundable once a billing period starts.

4.3 Changes

We may change plan features, limits, or pricing with reasonable notice for paid plans where practicable, except where change is required for security, legal compliance, or soft-beta iteration (soft beta may change with limited notice).

4.4 Failed payments

We may suspend access for non-payment or failed Stripe charges after reasonable attempts to notify you.

5. Anti-Gating and Review Integrity

Customer must not use the Service to suppress, filter, block, or selectively solicit public reviews based on star rating or sentiment in a manner that violates the FTC Endorsement Guides, Google anti-gating / review policies, or other applicable platform rules or laws.
Review Pulse is designed and must be configured so that a public review link remains available to end customers (or there is no selective deep-link that hides public review options based on rating). Policies and product copy assume this compliant redesigned flow. Do not instruct staff or systems to send “only 4–5★” customers to Google while blocking others.
Customer is solely responsible for compliant review solicitation, including any incentives (which must also comply with FTC/Google rules — soft beta does not endorse paid or conditioned reviews).
Osher Pulse may suspend or terminate accounts for abusive, deceptive, or policy-violating review practices, or for configurations that implement illegal or platform-prohibited gating.
We do not guarantee that your use will satisfy every platform review; you remain responsible for your Google Business Profile and other public profiles.

6. End-Customer Messaging; Consent; Indemnity

When you use messaging features, you instruct Osher Pulse and its providers to send messages to phone numbers or contacts you supply.
You represent and warrant that you have obtained all consents and have a lawful basis required under applicable law — including the U.S. TCPA, state telemarketing and privacy laws, and WhatsApp / Meta Business and template rules — before messages are sent.
You will include required identification and STOP / opt-out language in templates where required, and honor opt-outs.
Distinguish transactional and marketing uses at your own legal risk; soft beta does not classify messages for every jurisdiction.
You will defend and indemnify Osher Pulse against claims, damages, fines, and expenses (including reasonable attorneys’ fees) arising from consent failures, unlawful messaging, template misuse, or your instructions to message end customers.

7. Customer Warranties and Acceptable Use

You represent, warrant, and agree that you will:

Use the Service only for lawful purposes and accurate business information;
Comply with Google API / Google Business Profile terms and policies when you connect OAuth;
Comply with Twilio, carrier, and WhatsApp/Meta terms applicable to your messaging;
Not upload malware, attempt to disrupt or reverse engineer the Service (except as permitted by law), scrape beyond fair use of your plan, or resell/white-label without our written consent;
Not use the Service to target minors under 18;
Not violate export, sanctions, anti-spam, or deceptive-practices laws;
Not misrepresent ratings, fabricate reviews, or coerce reviews in violation of law or platform rules.

We may suspend or terminate accounts for violations or risk to the Service, platforms, or others.

8. Your Content; License; Feedback

You retain ownership of content you submit (business info, templates, end-customer data you upload, reply text you author or approve), subject to the licenses below.
You grant Osher Pulse a worldwide, non-exclusive license to host, process, transmit, display, and create technical copies of that content solely to operate and improve the Service (including messaging, sync, and support).
For end-customer personal data, see Section 11 (Data Processing).
Feedback you provide about the Service may be used by us without obligation to you.
You are responsible for backing up content you need. Export features may be limited in soft beta.

9. Intellectual Property

Review Pulse, including software, branding, and UI (excluding your content), is owned by Osher Pulse or its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service during your authorized soft-beta or subscription term according to these Terms.

10. Third-Party Services

The Service may integrate with third parties including Stripe, Twilio, WhatsApp/Meta, Google, hosting, and email providers. Your use of those services is also subject to their terms. Osher Pulse is not responsible for third-party outages, policy changes, account bans, or data handling beyond our contractual relationship with those providers.

11. Data Processing (End-Customer PII)

For personal data of your end customers processed through Review Pulse, you are the controller and Osher Pulse is the processor (or “service provider” under applicable U.S. state privacy laws), processing data on your documented instructions to provide the Service.
We will not sell such end-customer personal data or use it for our own independent marketing.
We will implement reasonable security measures and assist with deletion/access requests you convey to us where feasible, subject to the Privacy Policy and technical limits of soft beta.
You authorize engagement of subprocessors in the categories listed in the Privacy Policy (hosting, messaging, payments, email). A fuller DPA is available on request during soft beta via [NOTICES_EMAIL].
International transfers may occur as described in the Privacy Policy.

12. Confidentiality

Each party may receive non-public information from the other. The receiving party will use reasonable care to protect that information and use it only to perform under these Terms, except for information that is public, independently developed, or required to be disclosed by law.

13. Privacy

Our Privacy Policy explains how we handle personal information. By using the Service, you acknowledge that Policy.

14. Disclaimers (AS-IS)

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, OSHER PULSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT REVIEW VOLUME OR RATINGS WILL IMPROVE, THAT MESSAGES WILL BE DELIVERED, THAT INTEGRATIONS WILL REMAIN AVAILABLE, THAT YOUR USE WILL COMPLY WITH FTC, GOOGLE, TCPA, OR WHATSAPP RULES, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SOFT BETA MAY CHANGE WITHOUT NOTICE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

OSHER PULSE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO REVIEW PULSE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US $100) — reflecting soft-beta / early-access use where fees may be zero or nominal.
Carve-outs: The limitations above do not limit liability for willful misconduct or other liability that cannot be limited under applicable law.
We are not liable for disputes between you and your end customers, platform enforcement actions, messaging consent claims (except to the extent caused by our willful misconduct), or third-party service failures.

16. Indemnification

You will defend and indemnify Osher Pulse and its officers, members, and agents against claims, damages, and expenses (including reasonable attorneys’ fees) arising from: (a) your content, messages, or published replies; (b) your use of the Service; (c) your relationships with end customers; (d) consent, TCPA, WhatsApp, or anti-spam claims related to messages you instructed; (e) review-gating or deceptive review practices; (f) your Google/API or other integration use; or (g) your violation of these Terms or law.

17. Suspension and Termination

These Terms apply while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate access for breach, risk, non-payment, abusive review solicitation, platform demands, or discontinuation of soft beta or the Service. Provisions that by nature should survive (including ownership, data-processing duties that survive, disclaimers, limitations, indemnity, and governing law) survive termination. Retention is described in the Privacy Policy.

18. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Exclusive venue for disputes is the state courts located in Palm Beach County, Florida, or the United States District Court for the Southern District of Florida, as applicable. You consent to personal jurisdiction there. Optional arbitration or class-action waivers are not included in this soft-beta draft and may be added after counsel review.

19. Notices

Notices to Osher Pulse under these Terms must be sent to [NOTICES_EMAIL] and, if by mail, to: OSHER PULSE LLC, [PHYSICAL_ADDRESS], Boca Raton, FL area. We may notify you via the Service or the email associated with your account.

20. Changes

We may modify these Terms. Soft beta may change with limited notice. We will post updated Terms with a new effective date and, for material changes to paid plans, provide reasonable notice where practicable. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Service.

21. Miscellaneous

These Terms plus the Privacy Policy and any order/plan terms are the entire agreement regarding the Service.
If a provision is unenforceable, the remainder stays in effect.
Failure to enforce a provision is not a waiver.
You may not assign these Terms without our consent; we may assign to an affiliate or successor.
No third-party beneficiaries except as expressly stated.
Headings are for convenience only.
English prevails if English and Spanish versions are both presented.

22. Contact

OSHER PULSE LLC [PHYSICAL_ADDRESS] Boca Raton, FL area Email: [NOTICES_EMAIL] Product: Review Pulse — https://reviews.osherpulse.com

English prevails if English and Spanish versions are both presented.