Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Pulse platform ("Pulse" or the "Service") operated by Whatley Mill, Inc. ("Whatley Mill," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.
1. The Service
Pulse is an AI-powered recruitment engagement platform that helps healthcare organizations (hospitals, clinics, and health systems) identify and contact licensed healthcare providers about open clinical roles at their institutions. The Service includes provider directory and search tools, list management, multi-channel outreach campaigns (SMS and email), AI-assisted message generation and classification, and conversation management.
2. Accounts and eligibility
You must be at least 18 years old and authorized to act on behalf of your organization to use the Service. You are responsible for maintaining the confidentiality of your sign-in credentials and for all activity that occurs under your account.
You agree to provide accurate and current information about yourself and your organization, and to update that information as it changes.
3. Acceptable use
You agree not to:
- Use the Service to send any message that is unlawful, deceptive, fraudulent, defamatory, harassing, threatening, obscene, or otherwise objectionable
- Use the Service to send messages to recipients who have not consented to receive them where consent is required by applicable law
- Use the Service to send messages relating to S.H.A.F.T. content (Sex, Hate, Alcohol, Firearms, Tobacco), gambling, illegal substances, cannabis (regardless of state legality), payday or short-term lending, cryptocurrency, debt forgiveness, or any other use case that is restricted or prohibited by U.S. mobile carriers or by Twilio
- Send messages without functional opt-out instructions
- Continue to send messages to recipients who have opted out
- Attempt to circumvent rate limits, throttling, or abuse-prevention controls
- Reverse-engineer, decompile, or attempt to extract source code from the Service
- Use the Service to develop or train any product or model that competes with the Service
- Resell, sublicense, or otherwise make the Service available to third parties without our prior written consent
Violation of these terms may result in immediate suspension or termination of your account and reporting to relevant authorities, including Twilio and mobile carriers.
4. SMS and mobile messaging terms
The Service sends SMS messages to recipients on behalf of customer organizations. By using the SMS features of the Service, customer organizations represent and warrant that:
- They have obtained any consent required by applicable law (including the Telephone Consumer Protection Act and any state equivalents) before initiating outreach
- They will honor opt-out requests promptly across all channels
By receiving SMS messages sent through the Service, recipients acknowledge:
- Message frequency varies and is determined by the customer organization initiating outreach
- Message and data rates may apply. Your mobile carrier may charge for messages you send or receive
- Reply STOP, UNSUBSCRIBE, CANCEL, END, or QUIT to any message to stop receiving SMS messages from the Service
- Reply HELP to receive help, or contact us at the address in Section 16
- Mobile carriers are not liable for delayed or undelivered messages
- Supported carriers include all major U.S. carriers (AT&T, T-Mobile, Verizon, and others)
5. Customer content and data
You retain all rights in the content you submit to the Service ("Customer Content"), including lists, campaign settings, message templates, and replies from recipients. You grant us a worldwide, non-exclusive, royalty-free license to use Customer Content solely to provide, operate, secure, and improve the Service.
You are responsible for ensuring you have the legal right to use the Customer Content you submit to the Service.
6. AI-generated content
The Service uses third-party AI models to generate and classify outreach messages. AI-generated content may be inaccurate or inappropriate. You are responsible for reviewing AI-generated content before it is sent, configuring the Service's AI guardrails and tone settings appropriately, and complying with any disclosure requirements that may apply to AI-generated communications under applicable law.
We are not liable for outcomes arising from AI-generated content sent on your behalf.
7. Third-party services
The Service depends on third-party services (including Twilio, Google, Microsoft, Cloudflare, Anthropic, OpenAI, and others. See the Privacy Policy for the current list). Your use of those services through the Service is also subject to their respective terms. We are not responsible for the acts or omissions of third-party providers.
8. Fees and payment
Fees for the Service, if any, are described in your order form or subscription agreement with us. All fees are non-refundable except as expressly stated. We may suspend the Service for non-payment.
9. Intellectual property
The Service, including all software, designs, text, images, and other content (excluding Customer Content), is owned by Whatley Mill, Inc. and its licensors and is protected by intellectual property laws. These Terms do not grant you any right or license to our trademarks, logos, or service marks.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WHATLEY MILL, INC. OR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).
12. Indemnification
You agree to defend, indemnify, and hold harmless Whatley Mill, Inc. and its affiliates from any claim, demand, loss, or damage (including reasonable attorneys' fees) arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any applicable law, or (d) any Customer Content you submit.
13. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms or if your use of the Service creates risk or possible legal exposure for us, our partners, or other users.
You may stop using the Service at any time. Upon termination, your right to access the Service ends; sections that by their nature should survive (including Sections 5, 9, 10, 11, 12, 14, and 15) will survive.
14. Governing law and dispute resolution
These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Service will be resolved exclusively in the state or federal courts located in Cherokee County, Georgia, and you consent to the personal jurisdiction of those courts.
15. Changes to these terms
We may modify these Terms from time to time. When we do, we will update the "Last updated" date above and, where material changes are made, provide additional notice via the Service or by email. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.
16. Contact us
- Email: contact@pulseplacement.ai
Whatley Mill, Inc. is registered in the United States. Postal mail address available on request via the email above.