Terms of Service

Effective 20 September 2026 · Scale With Data, LLC

1. Agreement

These Terms of Service govern your access to and use of the Pulse platform and any related services provided by Scale With Data, LLC ("Scale With Data", "we", "us"). By creating an account, signing an order form, completing checkout, or using the platform, you agree to these terms on behalf of the entity you represent ("Customer", "you"). Pulse is offered to businesses, not to consumers.

1.1 Which document controls

More than one document can apply to your account. Where they conflict, the more specific one controls, in this order:

1. a master services agreement or order form signed by both parties;
2. the checkout screen, subscription confirmation, or other transaction specific terms presented to you at the time of purchase;
3. these Terms of Service.

A conflict is resolved only for the specific point on which the documents disagree. Everything else in these terms continues to apply.

2. The service

Pulse is a business to business software platform that provides customer operated sales operations, communications, workflow, analytics, call review, and revenue verification tools. Scale With Data is not a telemarketing agency, outsourced call center, or sales representative, and does not independently contact prospects or make sales on a Customer's behalf.

The platform includes dialing, messaging, customer records, workflow automation, analytics, call review, and a revenue ledger that reconciles sales against payment processor records and call recordings. Those calling and messaging capabilities are real, and we do not describe them as anything else. What they are is software you operate: you and your authorized users choose the recipients, write the content, build the campaigns, set the timing, establish the lawful basis or consent, and connect the carrier and third party accounts the communications travel over. Communications initiated or automated through Pulse are your activity, not ours.

We may modify, add, or remove features. We will not materially degrade a core capability you are actively relying on without reasonable notice.

3. Accounts and access

You are responsible for the accuracy of your account information, for all activity under your account, and for the conduct of every user you grant access to. You must notify us promptly at security@scalewithdata.ai if you believe an account has been compromised.

You will not share credentials between individuals, circumvent access controls, or permit access by anyone other than your personnel and authorized contractors.

4. Fees

4.1 Subscription billing

Unless the applicable Checkout, Order Form, or other written agreement states otherwise, recurring plan fees and recurring add on fees are charged in advance at the beginning of each monthly or annual billing period. Usage based overages, if any, are calculated and charged in arrears after the applicable usage period. The amount, currency, billing interval, first charge date, and any applicable trial or promotional terms are disclosed before purchase in the applicable Checkout or Order Form.

Subscriptions renew automatically for successive billing periods of the same length until cancelled in accordance with our cancellation policy or the applicable agreement. By completing checkout you authorize us, and our payment processor, to charge the payment method you supply for the fees then due and for each renewal, until you cancel.

Charges are in United States dollars (USD) unless a Checkout or Order Form expressly states another currency.

A custom Order Form or negotiated agreement may establish a different amount, start date, billing frequency, trial, payment schedule, minimum commitment, or term than the published plans. Where it does, that document controls under Section 1.1.

4.2 Published rates, add ons and overages

For self service subscriptions, and unless your Order Form states otherwise, fees are a flat plan fee plus any add ons you choose, at the rates published on our pricing page and served by our public rate card endpoint. Exactly seven kinds of charge can appear on an invoice: the plan fee, Pulse Lines, additional brands, and the four published overages for verified sales, contacts, recording storage, and AI call transcription.

The invoice guarantee. If a charge of any kind other than the seven published above appears on an invoice for your Pulse subscription, we refund that entire invoice. It applies however you bought the subscription, self service or under an Order Form. It does not extend to a separate engagement quoted on its own, such as the sales operations enablement services in Section 4.4 or a pre existing growth share agreement, which are invoiced on the terms of that document.

Overages are computed on the period's closing values and charged in arrears at the published rates, and you are alerted in the application at 80 percent and again at 100 percent of an included limit before an overage can bill. We do not charge for setup, migration, onboarding, training, support, seats, messages, segments, carrier surcharges, or telephony markup, and there is no wallet or automatic balance recharge. Artificial intelligence usage is not metered and there are no credits to buy; transcription of completed call recordings is the single exception, measured in hours of audio, included in every plan up to the published allowance, and billed in arrears beyond it at the published rate.

Rate changes take effect no sooner than 90 days after notice, and existing subscriptions keep the rates they signed under. Telephony is billed to you directly by your own carrier account at your own rates and never passes through our invoice.

Customers on a growth share agreement made before this pricing model keep that agreement at its existing terms for as long as they choose to remain on it. Verified revenue under such agreements means cash actually collected and reconciled to a payment processor, net of refunds and chargebacks.

4.3 Trials and promotions

Scale With Data may offer a free trial, promotional period, discount, or other introductory arrangement from time to time. A trial or promotion applies only when it is expressly displayed at signup or Checkout or included in an applicable Order Form. The applicable offer will state its eligibility requirements, duration, payment method requirements, price, and the date on which paid billing begins. If no trial or promotion is expressly offered, billing begins on the date stated at Checkout or in the Order Form.

Where an offer requires a payment method up front, the payment method you supplied is charged automatically when the trial or promotional period ends, at the price stated in that offer, unless you cancel before that date.

4.4 Sales operations enablement services

Optional sales operations enablement services may include hiring support, onboarding, training, process design, accountability systems, call coaching, and administration of the Pulse platform. Unless a separate signed agreement expressly and lawfully states otherwise, these services do not include Scale With Data personnel selecting prospects, originating sales calls or messages, making offers, closing sales, or otherwise acting as a telemarketer, outsourced call center, or sales representative for the Customer.

Fees for these services are custom quoted and stated on your Order Form, and the scope of the engagement is defined in that document.

4.5 Service delivery and activation

Pulse is delivered electronically. There is nothing to ship. After a successful signup or payment, or on the schedule set out in your Order Form, we provide access credentials or account setup instructions to the administrator email on the account.

Activation can depend on things only you can supply: account information, user records, data for import, integration credentials, payment processor authorization, and your own carrier accounts and numbers. Where an Order Form states an implementation date or a service level, that document controls.

Statements elsewhere on this site about how quickly an account can be set up, including any reference to going live within a stated number of minutes, describe a target based on our experience of guided onboarding sessions. They are not a guarantee, and they do not create a service level.

4.6 Refunds and cancellation

Our refund and cancellation practices, including the invoice guarantee above, are stated in plain language on our Billing, Refunds, and Cancellation page at /refunds, which forms part of these terms. Where that page and this document conflict, this document controls, subject to Section 1.1.

4.7 Billing and disputes

Invoices are due within the period stated at Checkout or on your Order Form. If you dispute an amount in good faith, notify us within 30 days of the invoice with the specific entries in question. We will provide the underlying ledger lineage for every disputed figure. Undisputed amounts remain due.

We do not charge setup, migration, integration, or onboarding fees on a Pulse subscription. Optional sales operations enablement services under Section 4.4 are a separate engagement and are quoted separately on an Order Form.

5. Your data

You own your data. That includes your customer records, sales records, call recordings, messages, and everything derived from them that identifies your business or your customers.

We process that data to provide the service, to maintain and improve reliability and security, and to produce the analytics and verification you have asked for. We do not sell it, and we do not disclose customer identifiable data to any other customer.

We may publish aggregate, anonymized platform statistics that cannot be attributed to any individual customer or reconstructed to identify one.

Where we process personal data on your behalf, you are the controller and we act as processor. Our Privacy Policy and, where applicable, a data processing addendum govern that relationship.

6. Acceptable use and communications compliance

6.1 Who is responsible for what

Scale With Data supplies customer operated software. You and your authorized users determine the recipients, the content, the campaigns, the timing, and the lawful basis or consent for every call, message, and recording made or sent through the platform.

You are solely responsible for complying with the law that applies to those communications. That includes telemarketing, marketing, messaging, recording, and privacy law; consent requirements; do not call registries; opt out requests; permitted calling hours in the recipient's jurisdiction; messaging registration schemes; and the policies of the carriers and third party services you connect.

Where the platform provides compliance features such as dialing windows, opt out handling, consent records, or recording disclosures, those are tools to assist you. They do not transfer legal responsibility to us, they do not guarantee that any particular use is lawful, and they do not constitute legal advice.

6.2 What you may not do

You will not use the platform to:

• send unlawful, deceptive, harassing, fraudulent, or non consensual communications;
• send unsolicited communications, spam, or bulk outreach to people who have not given a legally valid basis for contact where one is required;
• contact anyone who has opted out, revoked consent, or appears on a do not call list that applies to them;
• misrepresent the identity of the caller or sender, spoof a number or identity, or otherwise disguise who is contacting a recipient;
• evade a legally required registration, circumvent a carrier safeguard, or use number rotation, number cycling, content alteration, or any other feature to defeat applicable law, carrier policy, opt out handling, or filtering controls;
• upload data you do not have the right to process, reverse engineer the platform, or build a competing service using our confidential information.

Where consent or another lawful basis is required for your outreach, you must obtain it before you contact the recipient and maintain records of it. We may ask you for evidence of consent and of your compliance with this section, and you will provide it within a reasonable period.

6.3 Suspension

We may suspend or limit activity, an account, or a connected number where it reasonably appears to be unlawful, abusive, fraudulent, or likely to cause material harm to the platform, to a carrier relationship, to a third party, or to our legal standing or reputation. We may also suspend or limit it where you cannot demonstrate compliance with this section on reasonable request. Either ground is enough on its own. We will tell you why, and we will restore service where the issue is resolved. Repeated or serious breaches may result in termination under Section 10.

7. Third party services

The platform integrates with third party services including payment processors, calendar providers, recording tools, advertising platforms, and communication carriers. Your use of those services is governed by their own terms, and where you connect your own carrier or processor account, your relationship is with that provider. We are not responsible for their availability, accuracy, or changes to their interfaces, though we will make reasonable efforts to maintain working integrations.

8. Availability and support

We aim for continuous availability and will provide reasonable advance notice of planned maintenance where practical. Specific uptime commitments and support response targets, if any, are stated on your order form.

9. Confidentiality

Each party will protect the other's confidential information with at least the care it uses for its own, and will disclose it only to personnel who need it and are bound by equivalent obligations. This does not apply to information that is public, independently developed, or lawfully received from a third party, or to disclosures required by law.

10. Term, termination, and export

Either party may terminate for convenience on 30 days written notice unless your order form states a fixed term. Either party may terminate immediately for material breach that remains uncured 15 days after written notice.

On termination we will make your data available for export in a portable format for 30 days at no charge. After that period we will delete or anonymize it in line with our retention schedule, except where we are required to retain records by law.

Fees accrued before termination remain payable. Sections on data ownership, confidentiality, disclaimers, liability, and governing law survive.

11. Warranties and disclaimers

We warrant that we will provide the service with reasonable skill and care and in line with the documentation.

Except as expressly stated, the platform is provided as is. We do not warrant that it will be uninterrupted or error free, we do not guarantee any particular revenue outcome, growth figure, close rate, or return, and we do not warrant that your use of the platform will comply with any law that applies to you. Verification and reconciliation improve the accuracy of your records, but they depend on the completeness and accuracy of the data your connected systems provide.

12. Limitation of liability

Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility.

Each party's total aggregate liability arising out of or related to these terms is limited to the total fees paid or payable by you to us in the 12 months preceding the event giving rise to the claim.

These limits do not apply to your payment obligations, to either party's breach of confidentiality, or to liability that cannot be limited under applicable law.

13. Indemnification

You will defend and indemnify us against third party claims arising from your data, your communications, your use of the platform in breach of these terms, or your failure to comply with telephony, marketing, recording, or privacy law.

We will defend and indemnify you against third party claims that the platform, used as permitted, infringes that party's intellectual property rights.

14. Governing law

These terms are governed by the laws applicable in the Emirate of Dubai and the United Arab Emirates, without regard to conflict of laws principles. The parties submit to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.

15. Changes

We may update these terms. For material changes we will give at least 30 days notice by email or in the platform. Continued use after the effective date constitutes acceptance. If you do not accept a material change, you may terminate before it takes effect.

16. Contact

Our legal and billing address is below. Dubai is where our team operates; it is not our legal or billing address.

Scale With Data, LLC
5830 East 2nd Street, Suite 700
Casper, WY 82609
United States
Operating location: Dubai, United Arab Emirates
General: ops@scalewithdata.ai
Security: security@scalewithdata.ai
Legal: legal@scalewithdata.ai