Terms of Service

These terms are the agreement between you and 18328455 Canada Inc., operating as GetPulse ("GetPulse", "we", "us") for using GetPulse: our websites, the GetPulse app, the GetPulse WordPress plugin, and the websites, listings and lead tools we provide. By signing up or using GetPulse, you agree to them. Our Privacy Policy explains how we handle personal information.

1. Who can use GetPulse, and your account

GetPulse is for real estate professionals and their businesses, not for personal or household use. To use it, you must be at least 18 and able to enter a contract. If you sign up for a company, team or brokerage, you confirm you're allowed to accept these terms for it, and "you" means that business.

You're responsible for your account:

• keep your details accurate and your password private;
• the account owner decides who joins the team and what they can see, and is responsible for what team members do;
• tell us right away at support@getpulse.cc if you think someone has used your account without permission.

2. Plans, free trial, billing and refunds

Free trial. New accounts get a 14-day free trial with no card required. When it ends, you choose a plan to keep using GetPulse.

Subscriptions renew automatically. You pay monthly or yearly, in advance, at the price shown when you choose your plan: in US dollars for US customers and Canadian dollars for Canadian customers. Your subscription renews each period, and Stripe charges your card, until you cancel. Prices don't include sales taxes (such as GST/HST), which we add where required.

Changing plans. You can upgrade or downgrade in the app. Changes start right away, and the difference is charged or credited on your next invoice. Information created with features of a higher plan is kept, even if you can no longer use those features.

Price changes. We'll tell you at least 30 days before a price change affects your subscription. It applies from your next renewal after that, and you can cancel before then.

One-time services. Services such as the brand touch-up or custom design are charged once, at the price shown or agreed with you before we start, plus sales taxes where required. We send an invoice, which you pay by card.

Failed payments. If a payment fails, we'll retry it and let you know. If it still isn't paid, we may suspend your account, including websites we host for you, until it is. Paying restores them.

Refunds. Payments are non-refundable, including for partly used periods, except where the law requires otherwise. If you cancel an annual plan within 30 days of paying for it, we'll refund that payment. A one-time service can be refunded if you cancel before we start the work.

3. Cancelling and deleting your account

Cancelling. You can cancel any time in the app. Your plan stays active until the end of the period you've paid for, then stops renewing.

Deleting your account. You can delete your account in the app, under My account. Billing stops right away and your websites stop showing GetPulse content. We keep everything for 14 days in case you change your mind; signing in during that time lets you restore it. After 14 days, we delete it for good. You can also choose to delete it immediately.

Your data is yours to take. You can export your contacts as a CSV file at any time, on every plan. Please export anything you want to keep before you delete your account.

Websites we host. If we host your website, the hosting account is suspended when your account is deleted or your subscription ends unpaid. We don't delete a hosting account automatically, because it may hold your email. Contact us to move your website or email elsewhere, or to have it deleted.

4. Listings and MLS rules

Property listings come from MLS boards and their data providers, which license them for display under their own rules. To show live listings, you must:

• be a licensed real estate professional and a participant or subscriber of the board, with any agreements the board requires, such as an IDX or data licence agreement;
• follow the board's display rules, which our websites are built to meet;
• keep the required attribution, disclaimers and notices on your pages, and not edit listing data.

We may change how listings are shown, or stop showing a board's listings, when the board or its data provider requires it. We can't guarantee that listing information is accurate, complete or current; it is provided by the boards and the brokers who list the properties.

Demo listings. Trial and sample websites can show GetPulse demo listings. They are made-up sample properties, marked as demo listings, and are not for sale or rent.

5. Your content and leads

You own your content. Your profile, photos, website content, contacts and leads belong to you. You give us permission to store, copy, display and process them only as needed to run GetPulse for you, and to show your website content publicly where you publish it. You confirm you have the rights to everything you upload, including photos.

We process leads for you. When your websites collect information from visitors, you're responsible for that information, and we process it on your behalf as our Privacy Policy describes. You agree to:

• have a privacy policy on your websites that explains how you use visitors' information;
• contact people only as the law allows, including anti-spam and telemarketing laws such as Canada's CASL, the US CAN-SPAM Act and the TCPA, and do-not-call rules;
• follow fair housing and real estate advertising laws, and your board's and regulator's rules, in your listings, websites and messages.

Our lead forms record the consent wording each person agreed to, to help you show you had permission. Whether you have consent for a particular message remains your responsibility.

6. Acceptable use

Don't use GetPulse to:

• break the law, or infringe anyone's rights, including copyright and privacy;
• send spam, or messages to people who haven't agreed to receive them;
• publish false, misleading or discriminatory content;
• copy, scrape, resell or redistribute listing data, or use it for anything other than showing it to consumers as your board allows;
• upload malware, or try to get around our security, limits or other customers' data;
• resell or share GetPulse itself, or let people outside your team use your account.

7. Websites we host, and third-party services

Hosting. If we host your WordPress website, we keep the server and its software up to date and back it up. You're responsible for what you add to the site, such as content, extra plugins and other users' accounts. We may suspend a site that has been hacked or is harming others, to protect our servers and other customers, and we'll tell you when we do. Keep your own copy of anything important; backups can't guarantee every change is saved.

Your own host. If your website is hosted elsewhere, your host is responsible for it. Our plugin needs a supported version of WordPress and PHP to work.

Other services. GetPulse works with services run by others, such as Stripe for payments, Google for sign-in, WordPress and themes or plugins you choose. Their own terms apply to your use of them, and we're not responsible for them.

8. Changes to the service, ownership and feedback

Changes. We improve GetPulse all the time, so features may change. If we remove a major feature of your plan, we'll tell you in advance. We aim to keep GetPulse available around the clock, but we don't promise it will be uninterrupted, and we sometimes need maintenance windows.

Ownership. GetPulse, including its software, designs and brand, belongs to us and our licensors. These terms give you the right to use it while your subscription is active; they don't transfer any ownership.

Feedback. If you send us ideas or suggestions, we may use them without owing you anything.

9. Disclaimers, limit of liability and indemnity

Disclaimers. GetPulse is provided "as is" and "as available". To the extent the law allows, we disclaim all warranties not stated in these terms, including merchantability, fitness for a particular purpose and non-infringement. We don't guarantee results, such as a number of leads or sales.

Limit of liability. To the extent the law allows:

• neither of us is liable for indirect, incidental, special or consequential losses, or for lost profits, revenue, data or goodwill;
• our total liability for all claims about GetPulse is limited to the amount you paid us in the 12 months before the claim arose.

These limits don't apply to liability that can't be limited by law, such as for fraud.

Indemnity. You'll defend and compensate us against claims by others that arise from your content, your use of leads or listing data, or your breaking these terms or the law.

10. Suspension, changes to these terms, law and contact

 

Suspension and ending. We may suspend or close your account if you seriously or repeatedly break these terms, don't pay, or put GetPulse, other customers or the public at risk. Where we reasonably can, we'll warn you first and give you time to fix the problem. Sections 3, 5, 9 and 10 continue after these terms end.

Changes to these terms. We may update these terms. We'll post the new version here with its date, and tell you by email or in the app at least 30 days before a significant change takes effect. If you keep using GetPulse after that, the new terms apply; if you don't agree, you can cancel.

Law and disputes. These terms are governed by the laws of Ontario and the federal laws of Canada that apply there. Disputes will be heard in the courts of Toronto, Ontario, unless the law where you are requires otherwise.

General. These terms and the documents they mention are the whole agreement between us about GetPulse. If part of them can't be enforced, the rest still applies. You can't transfer them without our permission; we may transfer them as part of a merger or sale of our business.

Contact. support@getpulse.cc, or 18328455 Canada Inc. (GetPulse), 55 Village Centre Place, Mississauga, Ontario L4Z 1V9.