Terms of Service

These Terms of Service ("Terms") are a legally binding agreement between you ("User," "Customer," "Client," or "you") and ArkPulse, LLC ("ArkPulse," "we," "us," or "our"). By accessing or using the ArkPulse platform, you agree to the following Terms.

If you do not agree, do not use the service.

1. Eligibility

ArkPulse is a business-to-business (B2B) platform intended for use by:

• Businesses
• Authorized agents of businesses
• Individuals at least 18 years old with legal authority to enter agreements

ArkPulse does not provide services for personal or consumer use.

2. Description of Services

ArkPulse provides AI-powered Google Business Profile review management including:

• Automated AI reply generation for Google reviews
• AI model integration (OpenAI, xAI/Grok)
• Google Business Profile OAuth integration
• Nightly batch reply processing
• Custom brand voice prompts
• Review dashboards and analytics
• Optional manual approval workflow for AI-generated replies via email
• Secure Stripe subscription billing
• HIPAA-aware templates (Health plan)

ArkPulse may modify or discontinue any features at any time.

3. Account Registration & Security

3.1 Registration Requirements

To register, you must provide:

• Valid email address
• Business name and verified Google Business Profile
• Login credentials
• Google OAuth credentials (securely stored)
• Valid payment method via Stripe

3.2 Verification

All users must complete:

• Email verification
• Google Business Profile ownership verification
• Two-factor authentication setup

3.3 Responsibility for Your Account

You are responsible for:

• Keeping login credentials secure
• Maintaining verified Google Business Profile ownership
• All activities under your account

ArkPulse is not liable for unauthorized access resulting from your actions.

4. Free Trial

New accounts receive a 14-day free trial with full feature access.

During the trial:

• No charges apply
• Credit card required upfront (no charges during trial)
• Cancel anytime before trial ends

Trial automatically converts to paid subscription unless cancelled.

5. Billing, Subscription & Payments

5.1 Monthly Subscriptions

ArkPulse offers monthly billing only:

• Starter: $50/month
• Pro: $100/month (regular $200)
• Resolve: $150/month (regular $300)
• Health: $200/month (regular $400)

5.2 Automatic Renewals

Subscriptions automatically renew monthly via Stripe.

5.3 Failed Payments

ArkPulse may suspend accounts with failed payments.

5.4 No Refunds

All charges after trial are final and non-refundable. Cancel to stop future billing.

6. User Obligations

You agree not to:

• Use unverified Google Business Profiles
• Post replies violating Google policies
• Offer coupons/discounts via AI replies unless authorized
• Attempt to reverse-engineer AI models
• Use service for illegal activities

7. AI-Generated Content

7.1 Automated Reply Posting

By default, ArkPulse posts fully automated nightly replies to verified Google Business Profiles. BY USING THIS SERVICE, YOU ACCEPT FULL RESPONSIBILITY FOR ALL AI-GENERATED CONTENT POSTED TO YOUR GOOGLE BUSINESS PROFILE.

You acknowledge and agree that:

• AI-generated replies are created using your custom prompts, brand voice settings, and instructions
• AI content may contain errors, inaccuracies, inappropriate language, or unintended meanings
• Google may reject, remove, or penalize AI-generated replies at any time
• Once posted, ArkPulse cannot edit, delete, or retract replies from Google
• You are solely responsible for the quality and appropriateness of custom prompts you provide
• ArkPulse does not review, approve, or verify AI-generated content before posting (unless you enable manual approval)

7.2 Release of Liability for AI Content

YOU HEREBY RELEASE AND FOREVER DISCHARGE ARKPULSE FROM ANY AND ALL CLAIMS, DAMAGES, OR CAUSES OF ACTION ARISING FROM AI-GENERATED CONTENT, including but not limited to: negative customer reactions, business reputation harm, Google policy violations, lost revenue, legal claims from third parties, or any other consequences of AI-generated replies posted to your Google Business Profile.

7.3 Manual Approval Option

Users may enable manual approval for AI-generated replies:

• Choose to approve all replies manually, or only negative reviews (1-3 stars)
• Receive email notifications with one-click approve/reject links
• Edit replies in the dashboard before approving
• Replies pending approval will not be posted until approved or rejected
• Unapproved replies remain pending indefinitely until action is taken
• If you choose not to enable manual approval, you accept all risks of fully automated posting

7.4 ArkPulse's Own AI-Assisted Sales & Support Communications

Separately from the review-reply features described above, ArkPulse uses AI in how we market and support our own service. These systems are operated by ArkPulse, not by you, and are not used to contact your end customers on your behalf:

• Outbound sales calls: ArkPulse's AI voice agent ("Ark") may place outbound calls to businesses we identify as prospective customers to introduce ArkPulse and offer a demo. Ark identifies itself as an automated calling system at the start of the call.
• Inbound line & demo scheduling: Calls to ArkPulse's own phone number, and demo/visit-scheduling emails we send to prospective customers, are triaged or generated with AI assistance as part of our sales and support process.
• Review replies: As described in Sections 7.1–7.3 above — this is the one AI communication feature you directly control, and it is limited to posting replies to your own Google Business Profile.

Because ArkPulse's outbound calling and demo-scheduling systems are ArkPulse's own operations directed at prospective customers (not something you enable or control), ArkPulse — not you — is responsible for its own compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and applicable state consumer-protection laws in connection with those systems.

Controls ArkPulse applies to its own outbound calling:

• Do-not-call list: If a prospect asks not to be called again, their number is permanently added to an internal suppression list and will never be dialed by Ark again, regardless of campaign.
• Calling hours: Outbound calls are only placed between 8:00 AM and 9:00 PM in the target region's local time.
• National DNC Registry: ArkPulse maintains a process to load National Do Not Call Registry results into its suppression list once it has obtained registry access; this is a periodic import, not a real-time check performed on every call.

7.5 Biometric Data & State Privacy Laws (BIPA / CUBI)

The AI voice systems described in Section 7.4 (Ark's outbound calls and ArkPulse's inbound line) process voice audio in real time to generate responses. Voice data may constitute biometric information under the Illinois Biometric Information Privacy Act (BIPA), the Texas Capture or Use of Biometric Identifier Act (CUBI), and similar laws.

Because these calls are placed and received by ArkPulse itself, ArkPulse — not you — is responsible for obtaining any consent required and for complying with applicable biometric privacy laws in connection with them. Raw audio is streamed to our voice provider, ElevenLabs, in real time to generate responses; ArkPulse separately retains the resulting call recording URL and text transcript in its own systems and automatically purges them 90 days after the call (see the Privacy Policy for full retention practices). ElevenLabs' own handling of audio is governed by ElevenLabs' Privacy Policy.

7.6 Automated Decision-Making & Profiling

ArkPulse uses automated systems to generate review replies and determine reply posting schedules. These automated processes affect content published under your business name. You have the right to:

• Enable manual approval mode to review all AI decisions before they take effect (see Section 7.3)
• Opt out of automated reply posting entirely by disabling automation in your account settings
• Request human review of any specific AI-generated content by contacting support@ark-pulse.com

Pursuant to the Texas Data Privacy and Security Act (TDPSA) and similar state laws, you may opt out of profiling that produces legal or similarly significant effects by emailing support@ark-pulse.com with the subject line "TDPSA Privacy Request." We will respond within 45 days (extendable by 45 additional days with notice), consistent with the process described in our Privacy Policy.

7.7 Limitation of Liability Regarding End Customers

These Terms govern only the relationship between ArkPulse and its registered business customers. ArkPulse has no direct contractual relationship with your end customers (i.e., individuals who interact with your Google Business Profile). You are solely responsible for your obligations to your end customers, including compliance with consumer protection laws, privacy notices, and opt-out mechanisms required by applicable law. ArkPulse shall have no liability to any third party who is not a registered ArkPulse customer.

8. Third-Party Services

ArkPulse integrates with:

• Google Business Profile APIs
• Stripe payment processing (PCI DSS compliant)
• AWS infrastructure (EC2, RDS, ACM)
• Multiple AI providers

ArkPulse is not responsible for third-party downtime or policy changes.

9. Data Security

9.1 Google Credentials

Google OAuth tokens stored encrypted via AWS security services.

9.2 Payment Data

No card data touches ArkPulse servers—handled exclusively by Stripe.

9.3 Review Data

Google reviews and their reply history are retained in ArkPulse's database for as long as your account is active, to power your dashboard and analytics. See the Privacy Policy's Data Retention section for details.

10. HIPAA & Business Associate Agreement

ArkPulse offers HIPAA-aware reply templates under the Health subscription plan — features designed with healthcare use cases in mind. This is not a claim that ArkPulse or its AI subprocessors are HIPAA-compliant, and use of these templates does not by itself make ArkPulse HIPAA-compliant for your specific use case.

If your use of ArkPulse involves the processing of Protected Health Information (PHI) as defined under HIPAA:

• You must execute a Business Associate Agreement (BAA) with ArkPulse before processing any PHI through the platform
• Using the Health plan without an executed BAA does not create a BAA relationship
• Do not submit PHI unless (a) you have an executed BAA with ArkPulse, and (b) ArkPulse's own vendor agreements and safeguards with its AI subprocessors are confirmed active — see the BAA template's Subcontractors section for current status, as of this writing ArkPulse has not executed subcontractor agreements meeting HIPAA's BAA requirements with its AI providers
• ArkPulse will not be liable for HIPAA violations arising from your failure to execute a BAA before processing PHI

To request a BAA, email support@ark-pulse.com with the subject line "BAA Request." You may also review our standard Business Associate Agreement template, including its current subcontractor disclosures. The BAA is not effective until signed by an authorized representative of both parties.

11. Intellectual Property

All ArkPulse software, AI models, and branding are proprietary. You may not copy, reverse-engineer, or redistribute.

12. Suspension & Termination

ArkPulse may suspend/terminate for:

• Google Business Profile suspension
• Payment failures
• Policy violations
• Security risks

13. Limitation of Liability

13.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARKPULSE SHALL NOT BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, business opportunities, or goodwill
• Business reputation impact from AI-generated content
• Google rejecting, removing, or penalizing AI-generated replies
• Third-party service failures, outages, or policy changes
• Unauthorized access to your account due to your security practices
• Any damages arising from data breaches beyond ArkPulse's reasonable control

13.2 Liability Cap

IN NO EVENT SHALL ARKPULSE'S TOTAL AGGREGATE LIABILITY EXCEED THE LESSER OF: (A) THE TOTAL FEES PAID BY YOU TO ARKPULSE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD). This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARKPULSE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the service will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or quality of AI-generated content
• Warranties that AI replies will be accepted by Google or improve your business reputation
• Warranties regarding the availability or performance of third-party services (Google, Stripe, AWS, AI providers)

You acknowledge that AI-generated content may contain errors, inaccuracies, or inappropriate responses. You use the service at your own risk.

15. Indemnification

You agree to defend, indemnify, and hold harmless ArkPulse, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the service and AI-generated content posted to your Google Business Profile
• Your custom prompts, brand voice settings, or instructions provided to the AI
• Any violation of these Terms by you or anyone using your account
• Any claim that AI-generated replies violated third-party rights or Google policies
• Your failure to maintain accurate Google Business Profile information
• Any dispute between you and your customers arising from AI-generated replies
• Any HIPAA violation arising from your failure to execute a BAA before processing PHI

16. Dispute Resolution & Arbitration

16.1 Notice and Informal Resolution

Before filing an arbitration demand or a small-claims action, the complaining party must send the other a written notice describing the dispute and the relief sought, to support@ark-pulse.com (for notices to ArkPulse) or the business address on file (for notices to you). The parties will attempt in good faith to resolve the dispute for 30 days after notice is received before starting a formal proceeding.

16.2 Binding Arbitration

If a dispute is not resolved under Section 16.1, it shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or, for individual/sole-proprietor customers, the AAA Consumer Arbitration Rules where applicable). The arbitration shall take place in Dallas County, Texas, or by videoconference if either party requests, and the arbitrator's decision shall be final and binding.

Fees: For claims under $10,000, ArkPulse will pay the AAA filing and administrative fees, except for claims AAA determines are frivolous. Each party otherwise bears its own attorneys' fees unless the arbitrator awards them under applicable law.

16.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES WITH ARKPULSE ON AN INDIVIDUAL BASIS ONLY. You waive any right to participate in a class action, collective action, or representative proceeding against ArkPulse. This waiver applies to claims in arbitration or court.

16.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the service, and either party may bring an individual claim in small-claims court instead of arbitration if the claim qualifies for that court's jurisdiction.

16.5 Right to Opt Out

You may opt out of this arbitration agreement (Sections 16.1–16.4) by emailing support@ark-pulse.com with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms, including your business name and account email. If you opt out, disputes will instead be resolved in the courts identified in Section 18, and the Class Action Waiver in Section 16.3 continues to apply.

17. Force Majeure

ArkPulse shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, government actions, war, terrorism, riots, labor disputes, internet or telecommunications failures, power outages, third-party service provider failures (including Google, AWS, Stripe, and AI providers), cyberattacks, or any other event outside ArkPulse's reasonable control.

18. Governing Law

These Terms shall be governed by the laws of the State of Texas, without regard to conflict of law principles. Any legal proceedings not subject to arbitration shall be brought exclusively in the state or federal courts located in Dallas County, Texas, and you consent to personal jurisdiction in such courts.

19. Changes to Terms

ArkPulse reserves the right to modify these Terms. Updated terms will be posted on this page with a new "Last Updated" date. For material changes (including changes to Section 16, Dispute Resolution & Arbitration), we will additionally notify you by email at least 30 days before the change takes effect. Your continued use of the service after a change takes effect constitutes acceptance of the modified Terms; if you do not agree, you may cancel your subscription before the effective date.

20. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

21. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and ArkPulse regarding the service and supersede all prior agreements, representations, and understandings.

22. Contact

ArkPulse, LLC
1846 E Rosemeade Pkwy #1037
Carrollton, TX 75007-2637
support@ark-pulse.com

Website: Contact Form