These Terms of Service (the “Terms”) are a legal agreement between AMP IP Holdings LLC, a New Jersey limited liability company doing business as Pulse Pilot (“Pulse Pilot,” “we,” “us,” or “our”), and you, the individual or entity that creates an account or otherwise accesses or uses Pulse Pilot (“you” or “customer”). By creating an account, by clicking a button to indicate acceptance, or by accessing or using the service, you agree to these Terms. If you do not agree, do not use the service.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and the words “you” and “customer” in that case refer to the entity.
Pulse Pilot is a software-as-a-service product for Amazon sellers. It connects to your Amazon Advertising account and (where you have authorized it and where Amazon has approved our developer access) your Amazon Selling Partner account, reads data on your behalf, presents that data in dashboards and reports, and lets you automate or trigger changes to your advertising campaigns — for example, by adjusting bids or budgets, harvesting search terms, or applying rules. Specific features may evolve over time.
To use the service you must create an account using a valid email address. You agree to provide accurate information, to keep it up to date, and to keep your login credentials confidential. One account per user. You are responsible for everything that happens under your account, whether or not you authorized it. Notify us promptly at the contact email below if you suspect unauthorized use.
You agree not to:
We may suspend or terminate access for any account we reasonably believe is in violation of this section.
Pulse Pilot acts on your behalf with respect to your Amazon Advertising and (if authorized) Selling Partner accounts. By connecting an Amazon account to the service, you represent and warrant that:
You can revoke our access to your Amazon account at any time through the Amazon Login with Amazon console or by disconnecting the account inside Pulse Pilot. We will stop calling Amazon APIs on your behalf promptly after receiving such a revocation.
The standard subscription is $149 per month per connected Amazon seller account, billed monthly in advance. Subscriptions automatically renew at the end of each billing period unless cancelled. You can cancel your subscription at any time from your account settings; cancellation will take effect at the end of the then-current billing period. Refunds are issued at our discretion, generally limited to billing errors and good-faith cases such as service unavailability.
Fees do not include any taxes, levies, or duties imposed by taxing authorities, and you are responsible for paying those except for taxes based on our net income. Late payments may accrue interest at the lower of 1% per month or the maximum rate permitted by law.
We may modify, add to, or remove features of the service at any time. If a change materially reduces the functionality of a feature you actively use, we will give you reasonable advance notice. We may suspend or terminate the service or your account if you breach these Terms, if your use creates a security or legal risk for us or our other customers, or if continued provision of the service to you becomes commercially impractical (for example, because Amazon revokes our developer access). Upon termination, your right to use the service ends immediately. You may export your data for a reasonable period after termination on request.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, AND WE DO NOT GUARANTEE ANY PARTICULAR ADVERTISING PERFORMANCE, RETURN ON AD SPEND, OR OTHER BUSINESS RESULT. ANY RECOMMENDATION OR AUTOMATION OFFERED BY THE SERVICE IS A TOOL TO ASSIST YOUR JUDGMENT, NOT A SUBSTITUTE FOR IT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION.
You will defend, indemnify, and hold harmless Pulse Pilot and its officers, members, employees, and agents from and against any third-party claims, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of these Terms; (b) your breach of any agreement between you and Amazon, including any policy, agreement, or term of service governing your seller or advertiser account; (c) your misuse of the service; or (d) your violation of applicable law. We will give you reasonable notice of any such claim and will cooperate in your defense at your expense; we may participate in the defense with counsel of our choice at our own expense.
These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws principles. Except for the carve-outs below, you and we agree to resolve any dispute arising out of or relating to these Terms or the service through binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, if applicable, its Supplementary Procedures for Consumer-Related Disputes. The arbitration will take place in New Jersey unless you and we agree otherwise. The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction.
Class action waiver. You and we agree that any dispute will be resolved on an individual basis only, and not in a class, collective, or representative action.
Carve-outs. Either party may bring (i) a claim for injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or trade secrets, or (ii) a claim that qualifies for small-claims-court jurisdiction.
We may update these Terms from time to time. If we make material changes, we will notify you by email at least 30 days before the changes take effect, unless a shorter notice period is required by law or by a security or legal exigency. Continued use of the service after the effective date of an update means you accept the updated Terms. The most recent version of these Terms is always available at this URL.
These Terms, together with the Privacy Policy and any other policies referenced here, are the entire agreement between you and us regarding the service and supersede any prior or contemporaneous understanding on that subject. If a court of competent jurisdiction finds any provision unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce a provision is not a waiver of our right to enforce it later. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of substantially all of our assets.
Questions about these Terms can be sent to:
AMP IP Holdings LLC
dba Pulse Pilot
State of New Jersey, United States
Email: support@pulsepilotppc.com