Terms of Service

Last updated: May 8, 2026

This is a working draft. Pulsera Talent Group LLC may update these terms. Material changes will be announced to account holders by email.

1. Agreement

These Terms of Service ("Terms") are a binding agreement between you and Pulsera Talent Group LLC ("Pulsera," "we," "us"). By creating an account, accessing assess.pulseratalent.com, or using Pulsera Assess (the "Service"), you agree to these Terms. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Accounts and security

You are responsible for safeguarding your password and for all activity under your account. Notify us immediately at info@pulseratalent.com if you suspect unauthorized access. We may suspend or terminate accounts that show signs of compromise.

4. Acceptable use

You agree not to:

Use the Service to violate any law or third-party right
Upload Protected Health Information (PHI). Pulsera Assess is not a HIPAA-compliant platform.
Issue access codes to anyone under 18
Attempt to reverse-engineer, scrape, or interfere with the Service
Use the Service to send spam or unsolicited messages
Resell or sublicense the Service without our written consent

5. Customer content and candidate data

"Customer Content" means the assessments you create, the access codes you issue, and the candidate responses you collect. You retain all rights to Customer Content. You grant Pulsera a limited license to host, process, and display Customer Content as needed to provide the Service.

You are responsible for the lawfulness of Customer Content, including obtaining any consents required to collect, process, and store candidate information.

6. Pulsera Assess is a tool, not legal or HR advice

Pulsera Assess provides software for skills assessment. We do not provide legal, employment, or HR advice. You are solely responsible for how you use assessment results in hiring decisions.

FCRA

Pulsera is not a "consumer reporting agency" as defined by the federal Fair Credit Reporting Act ("FCRA"), and assessment reports generated by the Service are not "consumer reports" under FCRA. You are responsible for any FCRA, state consumer-reporting, or background-check compliance obligations that may apply to your hiring process.

EEOC and Title VII

You are responsible for ensuring that any assessment you administer meets validation, fairness, and disparate-impact requirements under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and any other applicable employment laws. Pulsera makes no representation that any template or custom assessment is legally validated for any particular role or jurisdiction.

Accommodations

You are responsible for offering reasonable accommodations to candidates who request them under the ADA or applicable state laws.

7. Subscription, fees, and refunds

Paid plans are billed in advance on a monthly or annual basis. Fees are non-refundable except where required by law. You may cancel at any time; cancellation takes effect at the end of your current billing period. We may change pricing on at least 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new price.

8. Service availability

We strive to keep the Service available but do not guarantee any specific level of uptime, performance, or response time during this stage of the product. We may perform maintenance and may modify or discontinue features at our discretion.

9. Termination

You may terminate your account at any time. We may suspend or terminate access immediately if you breach these Terms, fail to pay fees, or use the Service in a way that puts the platform or other users at risk. After termination, we may retain or delete Customer Content as described in our Privacy Policy.

10. Disclaimer of warranties

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy of assessment scoring, or hiring outcomes. We do not warrant that assessment results will identify the best candidate or any qualified candidate.

11. Limitation of liability

To the maximum extent permitted by law, Pulsera will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or business interruption, arising out of or relating to the Service. Our total liability for any claim relating to the Service is limited to the amounts you paid Pulsera in the 12 months preceding the claim, or one hundred US dollars ($100), whichever is greater.

12. Indemnification

You agree to indemnify and hold Pulsera harmless from any claim, damage, or expense (including reasonable attorneys' fees) arising out of your Customer Content, your use of the Service, your hiring decisions, or your breach of these Terms.

13. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. The state and federal courts located in Delaware will have exclusive jurisdiction over any dispute, except that either party may seek injunctive relief in any court of competent jurisdiction.

14. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the latest version. Material changes will be announced to account holders by email. Continued use of the Service after a change constitutes acceptance.

15. Contact

Questions about these Terms: info@pulseratalent.com

Pulsera Talent Group LLC