Terms & Conditions

Last updated: October 3, 2025

READ THIS CAREFULLY. By creating an account, selecting a subscription plan (Starter, Pro, Commercial Lite, or Commercial Pro), linking a show controller (FPP, xSchedule, Light-O-Rama, or similar), uploading or causing audio to be uploaded, downloading the PulseMesh mobile app, or using any PulseMesh service, you (the Display Owner or other user, as defined below) agree to these Terms. If you do not agree, do not use the Services.

Quick Navigation

1. Plain‑Language Summary (Non‑Binding)
2. Definitions
3. Eligibility & Accounts
4. Plans & Eligibility (Starter, Pro, Commercial Lite, Commercial Pro)
5. Fees, Payments, Renewals & Overage
6. User Content & Licenses to PulseMesh
7. Music & Display Audio Addendum
8. Prohibited Conduct
9. Intellectual Property
10. Service Availability
11. Data Retention & Deletion
12. API Usage Terms
13. DMCA / Copyright Policy & Global Notice
14. Indemnification
15. Disclaimers
16. Limitation of Liability
17. Dispute Resolution (Binding Arbitration; Class Waiver)
18. Governing Law
19. General Provisions
20. Changes to These Terms
21. Contact Information
22. App Store Terms

1. Plain‑Language Summary (Non‑Binding)

This summary is for convenience only. The full contract below governs.

• Anyone 13+ can listen; accounts required to host Displays.
• Choose a plan: Starter (Free, residential); Pro ($36/yr, residential); Commercial Lite ($295/yr); Commercial Pro ($995/yr).
• Plans include limits on concurrent listeners, total viewer sessions, and number of Displays; see Section 4.
• Commercial overage: $20 per additional 1,000 viewer sessions per subscription year (rounded up), billed monthly in arrears. See Section 4.5 & 5.8.
• When you host a show, you are responsible for having rights to the music in each enabled Territory. See Section 7.3.
• PulseMesh stores an encrypted copy & briefly (~1 hour default) delivers audio to nearby viewer devices for synchronized playback. See Section 7.7.
• PulseMesh maintains certain U.S. PRO performance coverage (ASCAP/BMI/SESAC, subject to change) that may help with licensing of in‑app / on‑device PulseMesh playback in the U.S. only. It does not cover your venue loudspeakers/PA systems, FM rebroadcasts, or other non‑PulseMesh playback paths. You remain responsible for all other music rights—especially outside the U.S. See Section 7.4.
• If rights lapse or we get a copyright complaint, the affected track may be disabled. See Sections 7.3 & 7.12 and 13.
• Limited promotional use: We may show your Display name & image (but no audio clips) in in‑app directories and marketing unless you opt out. See Section 6.4.
• Disputes go to binding arbitration in Ohio (consumer vs. commercial rules based on plan). See Section 17.

2. Definitions

"PulseMesh", "we", "us", "our" – PulseMesh LLC, an Ohio limited liability company.

"Services" – The PulseMesh website, mobile applications, APIs, synchronization services, show controller integrations, hosted audio delivery, analytics, and any related hardware, software, or media features we operate.

"Account Holder" – The person or entity that creates a PulseMesh account. May be an individual (Starter/Pro) or organization (Commercial Lite/Pro).

"Display" – A light show, holiday display, drive‑through event, or similar audiovisual installation that can be associated with a physical location in PulseMesh.

"Display Owner" – The Account Holder responsible for a Display. Enrolled in one of the Plans (Starter, Pro, Commercial Lite, Commercial Pro).

"Show Controller" – A supported external system capable of transmitting show timing data and/or media files to PulseMesh (e.g., Falcon Player / FPP, xSchedule, Light‑O‑Rama, and others we may support).

"Submitted Audio" – Any audio file (music, narration, sound effects) uploaded directly or indirectly (including via Show Controller auto‑ingest) by or on behalf of a Display Owner.

"Attendee Device" – A viewer's phone or other receiving device that downloads Submitted Audio for synchronized playback while near a Display.

"Viewer Session" – A successful device connection to a Display audio stream or download instance (session) counted for plan limit and overage purposes. (See Section 5.7.)

"Concurrent Viewer" – A device actively authorized for playback at the same time.

"Territory" – The country in which a Display is physically located, auto‑derived from its coordinates unless the Display Owner enables multi‑country distribution and provides rights documentation. Also referred to herein as the Enabled Territory for that Display. See Sections 6.2 & 7.6.

3. Eligibility & Accounts

Minimum Age: 13 years. Users under 18 must have parent/guardian consent where required by law.

Account Optional for Listening: Visitors may listen to Displays without creating an account (where supported).

Account Required to Host: You must create an account and select a Plan to host, manage, or associate Submitted Audio with a Display.

Accurate Information: Provide true, current, and complete registration information and keep it updated.

Account Security: You are responsible for actions taken under your credentials. Notify us of unauthorized use.

Termination: We may suspend or terminate accounts (with or without notice) for policy violations, legal risk, non‑payment, plan abuse, or prolonged inactivity.

4. Plans & Eligibility (Starter, Pro, Commercial Lite, Commercial Pro)

When creating a Display you must choose (or inherit) a subscription Plan. Some plans restrict use to residential (non‑commercial) displays. We may auto‑suggest an upgrade if usage signals exceed plan scope.

4.1 Starter (Free – Residential Only)

Intended Use: Try PulseMesh with a small home/yard display.

Key Limits:

• Up to 5 concurrent viewers.
• Up to 250 viewer sessions per subscription year.
• 1 Display.
• Custom display page (basic).
• Basic viewer statistics.
• Shows song title & artist.
• Community support only.
• Directory listing (name & image; no audio clips) unless you opt out. See Section 6.4.

Rights Expectation: Good‑faith personal use. You remain responsible for music rights.

4.2 Pro ($36/year – Residential Only)

Intended Use: Advanced home displays; seasonal neighborhood shows.

Key Limits:

• Up to 25 concurrent viewers.
• Up to 2,500 viewer sessions per subscription year.
• Up to 2 Displays.
• Custom display page.
• Advanced viewer statistics.
• Customizable display range (geo radius).
• Seamless car audio sync; album art; time remaining.
• Priority email support.
• Directory listing (name & image; no audio clips) unless you opt out. See Section 6.4.

Rights Expectation: Same as Starter; higher usage may trigger upgrade request if traffic appears to be commercial in nature.

4.3 Commercial Lite ($295/year)

Intended Use: Small drive‑through shows, community events, hybrid FM + app audio.

Key Limits:

• Up to 50 concurrent viewers.
• 5,000 viewer sessions per subscription year included with the plan.
• 1 Display.
• Custom display page.
• Advanced viewer statistics.
• Customizable display range.
• Seamless car audio sync; album art; time remaining.
• Licensed for commercial use of the PulseMesh Service (see Section 7 for music licensing information).
• Custom branding support.
• Phone + email support.
• Directory listing (name & image; no audio clips) unless you opt out. See Section 6.4.

4.4 Commercial Pro ($995/year)

Intended Use: High‑traffic, ticketed attractions; multi‑lane drive‑throughs; PulseMesh replacement for FM.

Key Limits:

• Unlimited concurrent viewers (fair use; technical capacity limits may apply).
• 50,000 viewer sessions per subscription year included with the plan.
• Up to 5 Displays.
• Custom display page.
• Advanced viewer statistics.
• Customizable display range.
• Seamless car audio sync; album art; time remaining.
• Licensed for commercial use of the PulseMesh Service (see Section 7 for music licensing information).
• Custom branding support.
• Phone + email support.
• Eligible for Commercial Pro SLA (if separately executed).
• Directory listing (name & image; no audio clips) unless you opt out. See Section 6.4.

4.5 Overage & Scaling

If a Commercial Lite or Commercial Pro account exceeds its per subscription year viewer session allotment, additional usage is automatically billed monthly in arrears at $20 per 1,000 viewer sessions (rounded up). Concurrency caps may also trigger scale recommendations; we will contact you if sustained demand exceeds plan design.

4.6 Plan Transitions & Enforcement

We may require you to upgrade from Starter/Pro to a Commercial tier if usage indicates commercial behavior (ticketing, sponsorship, promoted public attraction, or repeated cap overruns). Failure to upgrade may result in throttling, suspension, or termination.

5. Fees, Payments, Renewals & Overage

This section consolidates and replaces prior "Fees and Payments" and "Subscription Terms" language.

5.1 Pricing & Taxes

Current pricing appears in your account and/or on our pricing page. Prices are in U.S. dollars unless stated otherwise and exclude taxes, duties, or regulatory fees.

5.2 Billing Cadence

Subscriptions bill in advance (annually by default; monthly where offered). Renewal is automatic unless cancelled before renewal date.

5.3 Free Starter Plan

Starter carries no subscription fee but remains subject to these Terms and plan limits. We may change or discontinue Starter at any time.

5.4 Upgrades & Downgrades

You may upgrade at any time; prorated charges or credits are applied as described at checkout. Downgrades take effect at next renewal period; usage limits for lower plans apply at renewal.

5.5 Cancellation

Cancel in account settings; service continues through the paid period; no partial refunds unless required by law or offered at our discretion.

5.6 Failed Payments

If payment fails we may suspend paid features, revert to Starter limits, or terminate the account after notice.

5.7 Usage Measurement

Viewer sessions and concurrency counts are measured by our systems based on successful device authorizations. Diagnostic variance may occur; our reported numbers control for billing.

5.8 Commercial Overage Charges

Commercial Lite & Commercial Pro accounts that exceed included annual (per subscription year) viewer session allotments incur $20 per additional 1,000 viewer sessions (rounded up), billed monthly in arrears based on measured usage. Charges may appear mid‑term or on the next monthly billing statement, depending on billing cycle.

5.9 Price Changes

We may change plan pricing on 30 days' notice for renewing subscribers (Starter excluded). Continued use after renewal constitutes acceptance.

6. User Content & Licenses to PulseMesh

(Audio‑specific rules are in Section 7.)

6.1 Ownership

You retain ownership of all content you submit.

6.2 Operational License (Territory‑Limited Service Operation)

You grant PulseMesh a non‑exclusive, worldwide (infrastructure) operational license to host, store, encrypt, reproduce, reformat, process, cache, transmit, display, perform, and deliver your submitted content as necessary to provide the Services within each enabled Territory for your Displays. We may process and transiently store content on systems located outside the Territory for technical reasons, but we will not intentionally make Submitted Audio playable outside the enabled Territory unless you (i) enable multi‑country distribution and (ii) provide evidence of sufficient rights. Geo‑restriction tools may be used to enforce this scope.

6.3 Service Improvement License (Narrow; Privacy‑Protective)

You grant PulseMesh a limited license to use anonymized and/or aggregated data derived from your content and usage (excluding raw Submitted Audio) to: maintain and secure the Services; perform internal quality assurance, troubleshooting, and performance testing; develop analytics features; and improve user experience. We will not use Submitted Audio files for AI/ML model training, music recognition model development, or similar data mining beyond fingerprinting/identification strictly necessary for rights management, unless you enter a separate written agreement that expressly permits such use.

6.4 Publicity License (Limited / Opt‑Out; No Audio Clips)

If you upload or configure a Display name, logo, image, or other non‑audio promotional materials, you grant PulseMesh permission to display them in in‑app/website directories, case studies, customer lists, social posts, and similar marketing references without using your audio. You may opt out at any time in account settings or by written notice; we will apply opt‑outs within a reasonable time (not to exceed 10 business days for new marketing materials; already‑printed materials may persist through existing runs).

6.5 Territory Governance; Multi‑Country Enablement

Licenses granted to PulseMesh are tied to the Enabled Territory for each Display. Unless multi‑country distribution is enabled and documented, Submitted Audio is authorized only for end‑user playback within that Territory. You are responsible for securing all additional rights before enabling multi‑country distribution and for providing proof of those rights upon request. PulseMesh may suspend or geo‑restrict if rights proof is insufficient.

6.6 Revocation, Suspension & Survival

You may remove content at any time; operational copies may persist in backups for a reasonable period. Licenses granted herein survive to the extent needed to honor viewer download expirations, comply with law, resolve disputes, and maintain audit logs.

7. Music & Display Audio Addendum

Applies automatically once you link a Show Controller or upload audio.

7.1 Automated Submissions from Show Controllers

When you link a Show Controller (FPP, xSchedule, Light‑O‑Rama, or other supported system), that controller may automatically transmit audio files and timing data to PulseMesh. All audio received in this way is Submitted Audio and is treated as submitted by the Display Owner.

7.2 Acceptance Events

You accept this Addendum by any of: (i) creating a Display; (ii) selecting a Plan and linking/authorizing a Show Controller; (iii) enabling "Upload music to PulseMesh" or equivalent in controller settings; (iv) continuing to operate a Display after notice of updated Terms; or (v) manually uploading audio.

7.3 Music Rights & Licensing

You are responsible for determining and securing all music rights required for your Display's location and use case. Depending on your jurisdiction, business model, and specific circumstances, this may include (but is not limited to): sound recording (master) rights, musical work mechanical rights, public performance rights, synchronization rights, and neighboring rights or equitable remuneration.

By uploading music, you confirm you have identified and secured all necessary rights on an ongoing basis. If any license expires or you discover a rights issue, you will promptly disable the affected track(s) and notify us. We may also disable, block, or geo‑restrict content as needed to manage legal risk.

7.4 PulseMesh PRO Coverage (Limited Scope; Subject to Change)

PulseMesh maintains blanket agreements with certain U.S. performance rights organizations (currently ASCAP, BMI, SESAC; subject to change). To the extent permitted by those agreements, public performance of musical works via the PulseMesh‑delivered playback path (our mobile apps and authorized integrations delivering audio directly to Attendee Devices) for Displays located in the United States may be covered under our PRO licenses.

Important Limitations:

• Coverage does not extend to venue loudspeakers / PA systems, FM/AM or other radio rebroadcasts, webcast/streaming outside the PulseMesh App, social media streams, or any non‑PulseMesh playback path.
• We do not provide coverage for any mechanical, master, sync, neighboring, or other non‑performance rights that may be required for your specific use case.
• Performance coverage details may change as PRO agreements change; we will inform you in writing of material changes.
• Where a particular use falls outside our PRO scope, you must secure performance rights directly.

7.5 Source Restrictions

Do not upload or auto‑ingest music obtained solely under personal‑use, consumer streaming, or subscription services (e.g., personal Spotify, Apple Music, Amazon Music, YouTube Music) unless you have separately cleared public playback rights sufficient for the Enabled Territory. Ripped or captured streams without rights are prohibited.

7.6 Territory Auto‑Derived & Geo‑Restriction

Unless you enable multi‑country rights, your license to PulseMesh is limited to the country auto‑detected from your Display's coordinates. We may automatically geo‑restrict listener downloads accordingly. Enabling multi‑country requires you to certify and, on request, document adequate rights. See Section 6.5.

7.7 Download Persistence (Default ~1 Hour)

PulseMesh may deliver a copy of Submitted Audio to Attendee Devices for synchronized playback. By default, listener authorization tokens expire ~1 hour after download (or earlier upon leaving the Display geofence). Devices may re‑request while in range; renewed access counts toward Viewer Sessions.

7.8 Starter & Pro (Residential Plans) – Simplified Use

If you are on a Starter or Pro plan, you confirm you have a lawful copy and a good‑faith belief you may use Submitted Audio in your personal display. We reserve the right to disable high‑risk tracks (e.g., frequently claimed major label titles) to protect the platform.

7.9 Commercial Lite & Commercial Pro – Licensing Records

Keeping organized licensing records protects your Display and helps us maintain a compliant platform. Commercial Display Owners agree to maintain documentation of music rights (invoices, agreements, PRO confirmations, cue sheets, etc.) for all Submitted Audio for at least two (2) years after last use. In the event of a rights question, we may request relevant proof within ten (10) business days. This is standard practice for commercial music services and helps us respond efficiently to any third-party inquiries.

7.10 Fingerprinting & Metadata

PulseMesh may fingerprint Submitted Audio (acoustic / hash / metadata matching) to assist with identification, reporting, and risk alerts. Identification is informational only and does not replace your duty to secure rights.

7.11 Removal & Suspension

PulseMesh may disable or remove Submitted Audio without notice if we receive a complaint, detect likely infringement, receive a rights holder demand, see repeated failures to document rights, observe plan abuse, or identify legal risk. We may also geo‑restrict pending investigation.

7.12 Limited License Back to Display Owner & Viewers

PulseMesh grants you (and your authorized Display viewers) a limited, revocable, non‑exclusive license to download and play Submitted Audio through the PulseMesh app in sync with your Display, solely during your active show season and within the Enabled Territory.

8. Prohibited Conduct

Violations may result in immediate suspension.

You agree not to:

• Upload infringing, unlawful, or unlicensed music or other media;
• Circumvent geofencing, download expirations, or plan limits;
• Export Submitted Audio out of scope (ripping, redistribution);
• Resell listener access on non‑Commercial plans;
• Tamper with playback timing to misrepresent plays/royalties;
• Interfere with or overload the Services;
• Use bots for bulk downloading or scanning;
• Data scrape or mass export without API authorization;
• Create fake accounts or impersonate others;
• Violate any applicable law.

9. Intellectual Property

PulseMesh IP: Software, code, trademarks, UI, documentation, and analytics belong to PulseMesh.

Marks: PulseMesh name, logo, and related marks owned by PulseMesh LLC; no use without permission.

Feedback: Suggestions you submit may be used by us without obligation.

10. Service Availability

We may perform maintenance, updates, or emergency work that affects availability.

• Starter & Pro: No uptime guarantee; community / email support only.
• Commercial Lite: Enhanced support (phone + email); no formal SLA unless stated.
• Commercial Pro: Eligible for uptime commitments & priority routing.

11. Data Retention & Deletion

We retain account and Submitted Audio data while active and for a reasonable post‑termination period for backup, compliance, or legal purposes.

Request deletion at [email protected]; we will delete or anonymize data as legally required (some system logs may persist). Submitted Audio removed for infringement may be retained internally as evidence.

12. API Usage Terms

If you access PulseMesh via API or developer tools:

• Rate Limits: We may rate‑limit or revoke keys.
• Security: Keep credentials secure.
• Acceptable Use: Use APIs only for authorized integrations; no scraping.
• Compliance: API usage is subject to these Terms and posted developer documentation.

13. DMCA / Copyright Policy & Global Notice

PulseMesh respects IP rights.

13.1 DMCA Notices (U.S.)

PulseMesh maintains a Designated DMCA Agent registered with the U.S. Copyright Office (Registration Number: DMCA-1065045).

To report copyright infringement, send a written takedown notice to:

Copyright Compliance Department
PulseMesh LLC
8537 Morningcalm Dr
Cincinnati, OH 45255
Phone: 513-258-2626
Email: [email protected]

Alternatively, you may email [email protected] with "DMCA" in the subject line.

Your notice must include: (1) identification of the copyrighted work; (2) location of the allegedly infringing material (Display name, track ID, URL or hash); (3) your contact info; (4) a statement of good‑faith belief that the use is not authorized; (5) a statement under penalty of perjury that you are authorized to act; and (6) your physical or electronic signature.

13.2 Counter‑Notices

If your Submitted Audio was removed and you believe that was a mistake or authorized, submit a counter‑notice compliant with 17 U.S.C. §512(g)(3). If valid, we will restore the material in 10–14 business days unless the original claimant files a court action and notifies us.

13.3 Repeat Infringer Policy (17 U.S.C. §512(i))

In accordance with the DMCA, PulseMesh implements a policy to terminate, in appropriate circumstances, Account Holders who are repeat infringers. As a baseline, accounts (including linked Displays and Show Controllers under common control) that receive three (3) valid copyright strikes within any rolling 12‑month period are subject to suspension or termination. We reserve the right to take immediate action (including temporary disablement) in egregious cases (e.g., large catalogs of obviously unlicensed commercial music).

13.4 Standard Technical Measures

PulseMesh will accommodate and not interfere with industry‑accepted standard technical measures used by copyright owners to identify or protect their works, consistent with 17 U.S.C. §512(i)(1)(B) and applicable law.

13.5 Non‑U.S. Notices

Outside the U.S., we follow a good‑faith notice‑and‑takedown process consistent with local law. Provide sufficient proof of rights and the specific content location (Display name, track ID, URL or hash). Local process variations may apply.

14. Indemnification

14.1 Scope; Defense Control; Cooperation

You agree to indemnify, reimburse, and hold harmless PulseMesh and its officers, directors, employees, and agents from third‑party claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) to the extent arising from: (i) your Submitted Audio; (ii) your breach of these Terms (including Section 7 rights warranties); or (iii) your unlawful conduct or violation of third‑party rights. This indemnity does not extend to claims caused solely by PulseMesh's independent negligence, gross negligence, or willful misconduct.

PulseMesh will control the defense of any indemnified claim (counsel of our choosing, acting reasonably). You must cooperate—provide information, documents, and reasonable assistance. We may allow you to participate at your expense. If you decline to cooperate, your indemnity obligations remain.

14.2 Starter & Pro Cap (Residential Plans)

For Starter & Pro accounts, your total indemnity reimbursement obligation for third‑party IP claims is capped at the greater of (a) US $500 or (b) ten (10) times the annual subscription fees paid (or payable) for the then‑current term, excluding intentional or willful misconduct. This cap does not limit injunctive relief, content takedown, or your obligation to cease use of infringing content.

14.3 Commercial Lite Cap

For Commercial Lite accounts, your total indemnity reimbursement obligation is capped at ten (10) times the annual subscription fees paid (or payable) for the then‑current term. Willful infringement is uncapped.

14.4 Commercial Pro Cap

For Commercial Pro accounts, your total indemnity reimbursement obligation is capped at twenty (20) times the annual subscription fees paid (or payable) for the then‑current term, unless a different amount is specified in an order form signed by both parties. Willful infringement is uncapped.

14.5 PulseMesh Election to Assume Defense at Our Expense

We may, at our sole election and expense, assume the defense of any claim that would otherwise fall under your indemnity. If we do so, your reimbursement obligations under the applicable cap are suspended for covered defense costs, but you remain responsible for indemnity amounts (judgments/settlements) up to the applicable cap unless we agree otherwise in writing.

14.6 Exclusions & Limitations

Indemnity caps do not apply to (i) your fraud or willful infringement, or (ii) amounts arising from uses of Submitted Audio outside the scope you authorized that were caused by PulseMesh unilaterally modifying the material after you expressly declined or prohibited such modification in writing. In that case, liability (if any) will be allocated proportionally based on fault.

15. Disclaimers

AS IS. The Services are provided on an "AS IS" and "AS AVAILABLE" basis.

We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non‑infringement, and that the Services will be uninterrupted, timely, secure, or error‑free. Use at your own risk.

Carve‑Outs / Savings: We do not disclaim liability for our own gross negligence, willful misconduct, or infringement of PulseMesh‑owned intellectual property. Where we have executed a Commercial Pro Service Level Agreement (SLA), the express commitments in that SLA survive and control to the extent of any conflict. Some jurisdictions do not allow implied‑warranty disclaimers; to the extent a consumer law applies and prohibits disclaimer, the minimum legally required warranty applies.

16. Limitation of Liability

To the fullest extent permitted by law, PulseMesh is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, goodwill, or use, even if advised of the possibility.

Our total liability arising out of or related to the Services or these Terms will not exceed the greater of: (a) amounts you paid to us in the 12 months prior to the claim; or (b) $100 (if you paid nothing). These limits apply to all theories of liability except to the extent such limitations are prohibited for claims resulting from our gross negligence, willful misconduct, or infringement of PulseMesh‑owned intellectual property, or as otherwise expressly set out in a signed Commercial Pro SLA. Some jurisdictions do not allow certain exclusions; where prohibited, the minimum legally permitted limitation applies.

17. Dispute Resolution (Binding Arbitration; Class Waiver)

17.1 Informal Resolution First

Before filing a claim, contact [email protected] and attempt informal resolution for 30 days.

17.2 Binding Arbitration

Except for small‑claims actions and certain IP/injunctive relief claims, disputes will be resolved by binding arbitration administered by the American Arbitration Association (AAA):

• Starter & Pro (consumer context): AAA Consumer Arbitration Rules.
• Commercial Lite & Commercial Pro (business context): AAA Commercial Arbitration Rules.

Seat: Columbus, Ohio. One arbitrator unless rules require otherwise. Proceedings in English.

17.3 Class Action Waiver

You and PulseMesh agree disputes will be resolved only on an individual basis and not in a class, consolidated, or representative action.

17.4 Small Claims Carve‑Out

Either party may bring an individual action in a court of competent jurisdiction (e.g., small claims court) for disputes within that court's monetary limits.

17.5 Injunctive Relief

Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property or prevent misuse of confidential information pending arbitration.

18. Governing Law

These Terms are governed by the laws of the State of Ohio, U.S.A., without regard to conflict‑of‑laws principles. Venue for any court action permitted under these Terms lies in the state or federal courts located in or for Franklin County, Ohio, and you consent to jurisdiction there.

19. General Provisions

Severability: Unenforceable terms will be modified or severed; remainder survives.

No Waiver: Failure to enforce a term is not a waiver.

Assignment: You may not assign without our consent; we may assign in connection with merger, acquisition, or corporate restructuring.

Force Majeure: We are not liable for delays or failures due to causes beyond our reasonable control (disasters, acts of government, power or network outages, labor disputes, etc.).

Export Compliance: You agree to comply with U.S. export laws and local import laws when using PulseMesh internationally.

20. Changes to These Terms

We may update these Terms from time to time. We will post changes here and update the "Last Updated" date. Material changes may also appear in‑product or be sent by email. Continued use after changes become effective constitutes acceptance.

21. Contact Information

Questions? Email [email protected].

For DMCA or copyright notices: Copyright Compliance Department PulseMesh LLC 8537 Morningcalm Dr Cincinnati, OH 45255 Phone: 513-258-2626 Email: [email protected] (or [email protected] with "DMCA" in subject line)

22. App Store Terms

22.1 Platform Acknowledgment

The PulseMesh mobile application is made available through third-party platforms such as the Apple App Store and Google Play Store. You acknowledge that these Terms are solely between you and PulseMesh LLC, not with Apple Inc., Google LLC, or any of their affiliates ("Platform Providers"). PulseMesh LLC is solely responsible for the app, its content, and the services provided through it.

22.2 Apple-Specific Terms

If you access or download the PulseMesh mobile app from the Apple App Store, the following additional terms apply:

You acknowledge that Apple is not a party to these Terms and is not responsible for the app or its content.

PulseMesh LLC is solely responsible for providing maintenance and support services with respect to the app, as specified in these Terms or as required under applicable law. Apple has no obligation to furnish any maintenance or support services.

In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the app.

Apple is not responsible for addressing any claims you or any third party may have relating to the app or your possession and/or use of the app, including but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

In the event of any third-party claim that the app or your possession and use of the app infringes that third party's intellectual property rights, PulseMesh LLC will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

You agree to comply with all applicable third-party terms of agreement when using the app (e.g., your wireless data service agreement).

Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

22.3 Google-Specific Terms

If you access or download the PulseMesh mobile app from Google Play:

You acknowledge that Google is not a party to these Terms and is not responsible for the app or its content.

Google has no obligation to provide any maintenance or support services in connection with the app.

Google disclaims all warranties related to the app to the maximum extent permitted by law.

You agree to use the app in compliance with all applicable Google Play Terms of Service and content policies.

22.4 Free Download; No In-App Purchases

The PulseMesh mobile app is currently free to download and use. It does not include in-app purchases. If this changes in the future, such purchases would be handled by the respective Platform Provider and subject to their terms and policies.

22.5 Updates and Continued Use

Your continued use of the app after an update is released constitutes acceptance of any modified terms and updated functionality. We may notify you of changes via the app, website, or other communication channels.