Terms of Service
Last updated: 09-Feb-2026
These General Terms of Service ("Terms") constitute a binding agreement between ProductPulse, established in Zwolle, The Netherlands, registered at the Dutch Chamber of Commerce under number [KVK NUMBER] ("Provider"), and the legal entity or business professional signing up for the Service ("Customer").
These Terms apply exclusively to Business-to-Business (B2B) relationships. By using the Service, Customer represents and warrants that they are acting in a professional capacity and not as a consumer.
1. THE SERVICE
1.1 Description: Provider offers a SaaS platform that processes customer communication through uploaded transcripts or automated syncing to generate summaries and extract product feedback (the "Service").
1.2 Subscription Plans: The specific features, usage limits (e.g., number of uploads, evidence processed, storage capacity), and functionalities available to Customer depend on the subscription tier selected by Customer during sign-up or as specified in an applicable Order Form (the "Subscription Plan").
1.3 Access: Provider grants Customer a non-exclusive, non-transferable, revocable license to use the Service strictly for internal business purposes during the Subscription Term.
1.4 Fair Use: Usage of the Service is subject to fair use policies. Provider reserves the right to throttle or suspend access if Customer’s usage exceeds average usage patterns or the technical limits associated with their selected Subscription Plan.
2. DATA, REDACTION & PRIVACY
2.1 Nature of Data: Customer acknowledges that the Service is designed to process business data (e.g., product feedback, feature requests, meeting transcripts).
2.2 No Sensitive PII: Customer warrants that it shall not upload or process sensitive personal data (including but not limited to medical data, financial records, BSN numbers, political beliefs, or criminal records) through the Service.
2.3 Redaction "Best Effort": The Service employs automated tools (Regex scrubbing and AI-based extraction) to redact Personally Identifiable Information (PII) from transcripts. Customer acknowledges that these tools function on a "best effort" basis and are not error-free. Provider does not guarantee that all PII will be successfully detected or redacted.
2.4 Customer Responsibility: Customer remains solely responsible for the content of the data uploaded. Provider is not liable for any failure of the Service to redact PII, nor for any data leaks or privacy violations resulting from Customer uploading data in violation of clause 2.2.
2.5 Storage: While raw source transcripts are scrubbed, Provider stores the generated output—including anonymized rich summaries, canonical extractions, and metadata—for the purpose of providing the Service, similarity matching, and historical record-keeping for the duration of the Subscription Term.
3. INTELLECTUAL PROPERTY
3.1 Ownership: Provider retains all rights, title, and interest in and to the software, algorithms, source code, and underlying technology of the Service.
3.2 Customer Data: Customer retains all rights, title, and interest in the data uploaded and the summaries generated specifically for the Customer. Customer grants Provider a non-exclusive, royalty-free license to use, process, and store this data solely for the purpose of providing the Service and as further described in this Section.
3.3 Aggregated and Anonymized Data: Notwithstanding Section 3.2, Provider may collect, develop, and analyze data derived from the Service (including usage statistics and metadata) in an aggregated and anonymized form. Provider may use such anonymized data—which shall not identify the Customer, its users, or any individual—for its own internal business purposes, including improving the Service, bench-marking, and the creation of industry reports or marketing materials.
3.4 Publicity and Marketing: Customer grants Provider a non-exclusive, worldwide, royalty-free, revocable license to use Customer’s name, logo, and trademarks ("Customer Marks") on Provider's website and in marketing materials solely to identify Customer as a client of the Service. Customer may revoke this consent at any time by providing written notice to Provider via email, upon which Provider shall remove the Customer Marks within thirty (30) days.
4. FEES AND PAYMENT
4.1 Subscription Fee: The fees for the Service are determined by the Subscription Plan selected by Customer. Current pricing and plan details are published on Provider’s website (https://productpulse.ai/pricing) or set forth in an applicable Order Form. All fees are in Euros and exclude VAT, unless stated otherwise.
4.2 Payment Term: Invoices are charged automatically or must be paid within fourteen (14) days of the invoice date.
4.3 Late Payment: If payment is not received by the due date, Provider reserves the right to suspend access to the Service until payment is made in full.
4.4 Plan Changes: If Customer upgrades to a higher Subscription Plan, the new rate will apply immediately (pro-rated). If Customer downgrades, the new rate applies from the start of the next billing cycle.
5. LIMITATION OF LIABILITY
5.1 Indirect Damages: To the maximum extent permitted by applicable law, Provider shall never be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business, or reputational damage.
5.2 Liability Cap: In any event, Provider’s total cumulative liability arising out of or related to these Terms (whether in contract, tort, or otherwise) shall be limited to the total amount of fees actually paid by Customer to Provider during the twelve (12) months immediately preceding the event giving rise to the claim.
5.3 Exceptions: The limitations in this section do not apply in cases of intent (opzet) or conscious recklessness (bewuste roekeloosheid) by Provider’s management.
6. INDEMNIFICATION
Customer agrees to indemnify, defend, and hold Provider harmless from any third-party claims, damages, or costs (including reasonable legal fees) arising out of: (i) Customer’s use of the Service in violation of these Terms; or (ii) claims regarding the content or privacy of the data uploaded by Customer (including GDPR violations).
7. TERM AND TERMINATION
7.1 Term: The agreement is entered into for the period specified in the Subscription Plan (usually one month or one year) and renews automatically for the same duration. 7.2 Cancellation: Customer may cancel the subscription at any time. Cancellation takes effect at the end of the current billing cycle. No refunds are provided for pre-paid periods. 7.3 Termination for Cause: Provider may terminate this agreement immediately if Customer breaches any material term of these Terms (e.g., non-payment or violation of the Fair Use Policy).
8. GOVERNING LAW
8.1 Jurisdiction: These Terms are governed by Dutch law. 8.2 Dispute Resolution: All disputes arising out of or in connection with these Terms shall be submitted exclusively to the competent court in Zwolle, The Netherlands.
DPA (Data Processing Addendum)
1. SCOPE AND ROLES This DPA applies to the processing of Personal Data by Provider ("Processor") on behalf of Customer ("Controller") via the Service. Processor shall process Personal Data only on documented instructions from Controller (i.e., to provide the Service in accordance with the Terms).
2. SECURITY Processor shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including encryption of sensitive data at rest using AES-256-GCM, data isolation via Row Level Security (RLS), and encryption in transit.
3. SUB-PROCESSORS (GENERAL AUTHORIZATION) Controller grants Processor a general authorization to engage third-party sub-processors (e.g., Database hosting provider, and LLM provider for AI synthesis and extraction) to support the Service. A current list of sub-processors is available upon request. Processor shall ensure sub-processors are bound by data protection obligations compatible with this DPA.
4. ASSISTANCE & COSTS
4.1 Taking into account the nature of processing, Processor shall assist Controller, insofar as possible, in fulfilling Controller's obligations regarding: (a) responding to data subject requests; (b) data breach notifications; and (c) data protection impact assessments.
4.2 Cost Recovery: To the extent such assistance requires significant resources or falls outside standard support, Processor reserves the right to charge Controller for such assistance at Processor’s then-current professional hourly rates.
5. AUDIT
5.1 Upon request, Processor shall provide written documentation (e.g., self-assessments or security summaries) to demonstrate compliance. Controller agrees that this documentation satisfies its audit rights under GDPR.
5.2 On-site audits are excluded unless strictly required by a Supervisory Authority. Any audit shall be at Controller’s sole expense, including compensation for Processor's time.
6. DATA BREACHES Processor shall notify Controller without undue delay after becoming aware of a Personal Data Breach affecting Controller’s data.
7. INTERNATIONAL TRANSFERS If Personal Data is transferred outside the EEA (e.g., for processing by OpenAI), Processor ensures compliance via Standard Contractual Clauses (SCCs) or adequacy decisions.
8. TERMINATION Upon termination of the Service, Processor shall delete all Personal Data, unless EU/Member State law requires storage.