Terms of Use

Please read these terms carefully before using CX Pulse.

Effective Date: February 2025 · Last Updated: February 2025

1. Acceptance of Terms

Welcome to CX Pulse (www.cxpulse.app). These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and CX Pulse ("Company," "we," "us," or "our"), governing your access to and use of the CX Pulse platform, including all associated websites, applications, services, and APIs (collectively, the "Service").

By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Notice, and any additional guidelines or policies referenced herein. If you do not agree to these Terms, you must not access or use the Service.

If you are accepting these Terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and references to "you" shall include that organisation.

2. Description of Service

CX Pulse is a software-as-a-service (SaaS) platform that provides AI-powered survey and forms creation, distribution, and analytics. Our Service includes, but is not limited to:

  • Creation and management of surveys, forms, and questionnaires
  • AI-driven conversational follow-up questions to gather deeper insights from respondents
  • Collection, storage, and processing of survey responses
  • Real-time analytics dashboards including NPS, CSAT, and sentiment analysis
  • AI-generated insights and summaries from survey response data
  • Data export capabilities (CSV and other formats)
  • Webhook integrations and API access (on applicable plans)
  • Multi-language survey support and translation features
  • Survey templates and AI-assisted survey generation

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

3. User Accounts & Registration

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to immediately notify us at support@cxpulse.in of any unauthorised use of your account or any other security breach. We shall not be liable for any loss arising from unauthorised use of your account.

3.3 Account Eligibility

You must be at least 18 years of age to create an account and use the Service. By creating an account, you represent and warrant that you meet this age requirement and that the information you provide is truthful.

3.4 One Account Per User

Each individual may maintain only one free-tier account. Creating multiple free accounts to circumvent usage limits is a violation of these Terms and may result in termination of all associated accounts.

4. User Content & Data

4.1 Your Content

You retain all ownership rights in the content you create, upload, or submit through the Service, including survey questions, form configurations, branding assets, and any other materials ("User Content"). By using the Service, you grant CX Pulse a non-exclusive, worldwide, royalty-free licence to host, store, process, and display your User Content solely as necessary to provide and improve the Service.

4.2 Survey Response Data

Survey responses collected through your forms ("Response Data") are owned by you, the form creator. We act as a data processor with respect to Response Data, processing it solely on your behalf and in accordance with your instructions as manifested through your use of the Service. You are responsible for ensuring that you have the necessary rights and consents to collect Response Data from your respondents.

4.3 Aggregated and Anonymised Data

We may use aggregated and anonymised data derived from your use of the Service (which does not identify you or any individual respondent) for purposes of improving the Service, developing new features, conducting research, and generating industry benchmarks.

4.4 Data Portability

You may export your data at any time using the export features available within the Service. We support CSV export on all plans and may offer additional export formats on paid plans.

5. Intellectual Property

5.1 Our Intellectual Property

The Service, including its software, design, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and the compilation thereof, is the exclusive property of CX Pulse and its licensors and is protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 Licence to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your internal business or personal purposes. This licence does not include any right to: (a) resell or commercially use the Service or its contents; (b) modify or create derivative works based on the Service; (c) use data mining, robots, or similar data gathering methods; or (d) download or copy account information for the benefit of a third party.

5.3 Feedback

If you provide us with any suggestions, ideas, feedback, or recommendations regarding the Service ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we may use and share such Feedback for any purpose without compensation or obligation to you.

6. AI Features & Automated Processing

6.1 AI-Powered Features

The Service utilises artificial intelligence and machine learning technologies (including third-party AI models from providers such as OpenAI and Anthropic) to provide features including, but not limited to, conversational follow-up questions, survey generation, sentiment analysis, response summarisation, and AI-generated insights.

6.2 AI Output Disclaimer

AI-generated content, insights, and suggestions are provided on an "as is" basis and should be used as supplementary tools, not as sole decision-making instruments. AI-generated outputs may be inaccurate, incomplete, or inappropriate. You are responsible for reviewing and validating any AI-generated content before relying on it or sharing it with others.

6.3 Data Processing by AI

To deliver AI features, portions of your User Content and Response Data may be processed by third-party AI service providers. We ensure that such processing is governed by appropriate data processing agreements with these providers. Our AI providers are contractually prohibited from using your data to train their general models. For more details, please refer to our Privacy Notice.

6.4 No Guarantee of AI Availability

AI features depend on third-party service availability. We do not guarantee uninterrupted access to AI-powered features and shall not be liable for any temporary unavailability or degradation of AI functionality.

7. Acceptable Use Policy

You agree not to use the Service to:

  • Violate any applicable law, regulation, or third-party right, including Indian laws and regulations
  • Collect personal data from respondents without appropriate legal basis or consent
  • Distribute spam, unsolicited communications, or phishing content through surveys
  • Upload or transmit viruses, malware, or any other malicious code
  • Attempt to gain unauthorised access to the Service, other users' accounts, or related systems and networks
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
  • Use the Service to collect sensitive personal data (such as financial information, health data, or government-issued identification numbers) without implementing appropriate security measures and obtaining explicit consent
  • Conduct surveys that are deceptive, fraudulent, or designed to mislead respondents
  • Scrape, crawl, or use automated means to access the Service outside of the provided APIs
  • Interfere with or disrupt the integrity or performance of the Service
  • Use the Service for any purpose that is harmful, abusive, defamatory, obscene, or otherwise objectionable
  • Resell, redistribute, or sublicense any part of the Service without our prior written consent

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including removing content, suspending or terminating accounts, and reporting to law enforcement authorities.

8. Free Tier & Paid Plans

8.1 Free Tier

We offer a free tier of the Service with certain usage limitations (currently up to 3 forms and 500 responses per month). The free tier is provided "as is" without any service level commitments. We reserve the right to modify free tier limits or features at any time.

8.2 Paid Plans

Paid plans (Pro and Enterprise) offer enhanced features, higher usage limits, and priority support. Pricing, features, and terms for paid plans are described on our Pricing page. Paid plan pricing is denominated in Indian Rupees (INR) unless otherwise specified.

8.3 Billing and Payment

Paid plans are billed on a recurring basis (monthly or annually, as selected). All fees are exclusive of applicable taxes including Goods and Services Tax (GST). You are responsible for providing accurate billing information and ensuring timely payment.

8.4 Refunds

Except as required by applicable Indian consumer protection laws, all fees are non-refundable. If you downgrade or cancel a paid plan, you will retain access to paid features until the end of your current billing period.

8.5 Exceeding Limits

If you exceed the response or form limits of your plan, your forms may stop accepting new responses until the next billing cycle or until you upgrade your plan. Existing data is never deleted due to exceeding limits.

9. Termination

9.1 Termination by You

You may terminate your account at any time by contacting us at support@cxpulse.in or through the account settings within the Service. Upon termination, your right to access the Service will cease immediately.

9.2 Termination by Us

We may suspend or terminate your account and access to the Service, with or without notice, for any reason, including but not limited to: (a) violation of these Terms; (b) non-payment of applicable fees; (c) conduct that we determine is harmful to other users, us, or third parties; or (d) extended inactivity.

9.3 Effect of Termination

Upon termination, we will retain your data for a period of 30 days, during which you may request data export. After 30 days, we reserve the right to delete all data associated with your account. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, limitation of liability, and indemnification.

10. Limitation of Liability

10.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO 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, OR THAT ANY DEFECTS WILL BE CORRECTED.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CX PULSE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE THOUSAND INDIAN RUPEES (INR 1,000).

10.3 Essential Basis

The limitations of liability in this section are a fundamental element of the basis of the bargain between you and CX Pulse. The Service would not be provided without such limitations.

11. Indemnification

You agree to indemnify, defend, and hold harmless CX Pulse, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

  • Your access to or use of the Service
  • Your User Content or Response Data
  • Your violation of these Terms
  • Your violation of any third-party right, including intellectual property, privacy, or other proprietary rights
  • Your violation of any applicable law or regulation
  • Any claim that your surveys or data collection practices caused damage to a third party

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, including but not limited to:

  • The Indian Contract Act, 1872 — governing the formation, validity, and enforcement of contractual obligations under these Terms
  • The Information Technology Act, 2000 (and rules thereunder) — governing electronic contracts, data protection, cybersecurity, and intermediary obligations applicable to the Service
  • The Consumer Protection Act, 2019 — governing consumer rights and protections in relation to the Service
  • The Digital Personal Data Protection Act, 2023 — governing the processing and protection of personal data collected through the Service

Subject to the arbitration provisions below, the courts of Bengaluru, Karnataka, India shall have exclusive jurisdiction over any disputes arising out of or relating to these Terms or the Service.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact us at support@cxpulse.in and attempt to resolve any dispute informally within thirty (30) days.

13.2 Arbitration

If a dispute cannot be resolved informally, it shall be finally settled by binding arbitration administered in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties. The seat and venue of arbitration shall be Bengaluru, Karnataka, India. The language of arbitration shall be English. The arbitral award shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction.

13.3 Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13.4 Exception

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of that party's intellectual property rights.

14. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email (if you have an account) and by posting the updated Terms on this page with a new "Last Updated" date. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the updated Terms, you must stop using the Service and terminate your account.

15. Contact Information

If you have any questions, concerns, or feedback regarding these Terms, please contact us:

For grievance-related matters as required under the Information Technology Act, 2000 and the rules thereunder, please refer to the Grievance Officer details in our Privacy Notice.

By using CX Pulse, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

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