Terms of Use

Effective Date: January 15, 2025 | Last Updated: January 15, 2025

These Terms of Service ("Terms") govern your access to and use of Pulse Visuals ("we," "us," or "our"), a web-based platform that creates beat-synchronized video content. By accessing or using our services, you agree to be bound by these Terms.

1. Service Description and Acceptance

Pulse Visuals provides a subscription-based platform that automatically generates visually engaging video clips synchronized to your music's rhythm. Our services include audio analysis, automated video generation using AI technology, integration with third-party content APIs, and video export capabilities.

Key Features Include:

  • Automated beat-synchronized video generation
  • Audio file processing and analysis
  • Third-party stock footage integration (Pexels and other providers)
  • Multiple export formats and sharing options
  • User account management and video library storage

By creating an account or using our services, you confirm you are at least 18 years old or have parental consent if between 13-17 years old, and agree to these Terms.

2. User Accounts and Access

You must create an account to access our services. You are responsible for:

  • Providing accurate account information
  • Maintaining account security and password confidentiality
  • All activities that occur under your account
  • Notifying us immediately of unauthorized access

We reserve the right to suspend or terminate accounts that violate these Terms or pose security risks.

3. Subscription Plans and Payment Terms

Billing and Payments

  • Subscription fees are billed in advance according to your selected plan (monthly or annual)
  • Payments are automatically charged to your selected payment method on each billing cycle
  • All fees are non-refundable except as expressly stated or required by law
  • We reserve the right to change pricing with 30 days' notice

Credits System

Free Tier: 5 videos per month + 2 welcome bonus credits (7 total first month)

Pro Tier: Unlimited video generation at $19/month

  • Free tier credits reset on the 1st of each month
  • Unused credits do not roll over to subsequent billing periods
  • Credit usage is tracked in real-time through your account dashboard

Storage Limits

Free Tier: 300MB total storage for uploaded content

Pro Tier: 10GB total storage for uploaded content

  • Storage includes audio files, video uploads, and generated content
  • Storage usage is tracked in real-time through your account dashboard
  • Exceeding storage limits will prevent new uploads until space is freed or plan is upgraded

Subscription Management

  • You may cancel your subscription at any time through your account settings
  • Cancellation takes effect at the end of your current billing period
  • Upon cancellation, you retain access to your account and videos until the billing period expires
  • Downgrading plans may result in feature limitations but preserves existing content

Refund Policy

  • Subscription fees are generally non-refundable except as expressly stated or required by law
  • We may provide pro-rated refunds for annual subscriptions cancelled within 30 days, minus any usage charges
  • Refund requests should be submitted to [email protected] with your account details
  • Processing of approved refunds may take 5-10 business days

4. User-Generated Content and Intellectual Property

Your Content Rights

  • You retain all ownership rights to original music, audio files, and other content you upload
  • You grant us a limited, worldwide, royalty-free license to process, display, and distribute your content solely to provide our services
  • This license includes the right to make technical modifications necessary for service delivery (format conversion, compression, etc.)
  • Our license to your content terminates when you delete content from our platform, except for legally required retention

Platform Content and AI Generation

  • We own all rights to our platform technology, software, and proprietary algorithms
  • AI-generated video content created through our platform becomes your property upon generation
  • Our AI systems may use aggregated, anonymized usage data to improve service quality
  • You may opt out of AI training data usage by emailing [email protected] - this does not affect our right to use aggregated, anonymized analytics for service improvement

Third-Party Content Integration

  • Stock footage and media accessed through our APIs (Pexels, etc.) are subject to third-party licensing terms
  • You are responsible for ensuring compliance with third-party license requirements
  • We provide access to third-party content but do not guarantee its continued availability
  • Commercial use restrictions may apply to certain third-party content

Copyright Compliance

  • You warrant that all uploaded content is original or properly licensed
  • You agree not to upload copyrighted material without proper authorization
  • We comply with the Digital Millennium Copyright Act (DMCA) and maintain a repeat infringer policy
  • Copyright infringement reports should be sent to: [email protected]

5. Acceptable Use Policy

Prohibited Uses

You may not use our platform to:

  • Upload or create illegal, harmful, or offensive content
  • Generate content that infringes third-party intellectual property rights
  • Attempt to reverse engineer, modify, or circumvent our security measures
  • Use our services for spam, malware distribution, or security attacks
  • Create deepfakes, synthetic media, or deceptive manipulated content
  • Generate content that promotes discrimination, harassment, or violence
  • Violate any applicable laws or regulations

AI Content Generation Responsibilities

  • You are solely responsible for reviewing and approving all AI-generated content before use
  • Our AI systems may produce biased, inaccurate, or inappropriate content despite our safeguards
  • You must ensure AI-generated content complies with applicable laws and platform policies
  • We disclaim responsibility for AI-generated content accuracy, appropriateness, or legal compliance

Account Suspension and Termination

We may suspend or terminate accounts that violate these terms, including:

  • Repeat copyright infringement
  • Abusive or harmful behavior toward other users
  • Attempting to compromise platform security
  • Commercial use violations or unauthorized resale

6. Privacy and Data Protection

Our Privacy Policy, incorporated by reference, describes how we collect, use, and protect your information. By using our services, you consent to our data practices as described in our Privacy Policy.

Key Data Practices:

  • We process uploaded audio/video files solely to provide requested services
  • Files are encrypted in transit and at rest
  • We do not sell or rent your personal information to third parties
  • You may request deletion of your account and associated data at any time

7. Third-Party Integrations and APIs

Third-Party Services

  • Our platform integrates with third-party APIs including Pexels for stock footage
  • Third-party services have their own terms of service and privacy policies
  • We are not responsible for third-party service availability, content, or policies
  • Third-party integrations may be modified or discontinued without notice

API Usage Compliance

  • We maintain compliance with all integrated API terms and usage limits
  • API access may be subject to rate limiting or temporary unavailability
  • We will notify users of significant changes to third-party integrations when possible

8. Limitation of Liability and Disclaimers

Service Availability

  • Our services are provided "as is" without warranties of any kind
  • While we strive for 99.9% uptime, we do not guarantee continuous, uninterrupted, or error-free service availability
  • Planned maintenance will be announced 24 hours in advance when possible and may cause temporary service interruptions
  • We are not liable for data loss during service outages or technical issues, though we maintain regular backups

Liability Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total liability for all claims shall not exceed the fees paid by you in the 12 months preceding the claim
  • We exclude liability for indirect, incidental, special, or consequential damages
  • We are not liable for loss of profits, data, business opportunities, or reputation
  • These limitations apply regardless of the theory of liability (contract, tort, etc.)

AI-Generated Content Disclaimers

  • AI-generated content may contain errors, biases, or inappropriate material
  • Users must review and validate all AI outputs before use
  • We do not warrant the accuracy, completeness, or suitability of AI-generated content
  • Users assume full responsibility for AI-generated content use and distribution

Beta and Early Access Features

  • New features may be released in beta or early access versions
  • Beta features are provided "as-is" and may contain bugs or incomplete functionality
  • Beta features may be modified, discontinued, or changed without notice
  • We disclaim all warranties for beta features and assume no liability for their performance

9. Indemnification

You agree to indemnify, defend, and hold harmless Pulse Visuals, its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorney fees) arising from:

  • Your use of our services or violation of these Terms
  • Your uploaded content or claims that it infringes third-party rights
  • Your violation of any law or third-party rights
  • Any false or misleading information provided to us

10. Dispute Resolution

Informal Resolution

Before pursuing formal dispute resolution, you agree to contact us at [email protected] to attempt informal resolution for at least 60 days.

Binding Arbitration

Any disputes arising from these Terms or our services shall be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Michigan or via video conference if mutually agreed.

Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions, collective actions, or representative proceedings.

Small Claims Exception

Either party may bring qualifying claims in small claims court instead of arbitration.

11. Termination

Termination by You

  • You may terminate your account at any time through account settings
  • Subscription billing stops at the end of your current billing period
  • We will retain your data for 30 days after termination to allow for account recovery
  • Upon account termination, you have 30 days to export your content and we will provide reasonable assistance with data export in standard formats

Termination by Us

  • We may terminate accounts for Terms violations, non-payment, or at our discretion with notice
  • Upon termination, your right to use our services ceases immediately
  • We will provide reasonable opportunity to export your content before permanent deletion

Effect of Termination

  • Outstanding fees remain due
  • Limitation of liability and indemnification clauses survive termination
  • Third-party licenses and obligations continue per their terms

12. General Provisions

Terms Updates

We may modify these Terms with 30 days' notice via email or platform notification. Continued use after the effective date constitutes acceptance of updated Terms.

Severability

If any provision is found unenforceable, the remainder of these Terms remain in full effect.

Governing Law

These Terms are governed by Michigan law without regard to conflict of law principles.

Force Majeure

Neither party shall be liable for any failure to perform due to unforeseen circumstances or causes beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or other acts of God.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the complete agreement between you and Pulse Visuals.

Contact Information

For questions about these Terms, contact us at:

Email: [email protected]

Company: Catalinax Inc., DBA Fusionary

Address: 89 Monroe Center Northwest, Suite 400, Grand Rapids, MI 49503