Terms & Conditions

1. The agreement

These Terms & Conditions (the “Terms”) are a binding agreement between you and The Booth Pulse, with its registered address at 1370 Shady Knoll Ct, Longwood, Florida, USA (“The Booth Pulse,” “we,” “us”), the operator of theboothpulse.com and its related applications and services (the “Service”) — an AI-driven analytics and business platform for working artists.

By creating an account, clicking “Get Started,” or using any part of the Service, you agree to these Terms and to our Privacy Policy, which explains how we handle your information. If you do not agree, please do not use the Service.

If you use the Service on behalf of a studio, collective, or business, you confirm that you have authority to bind that entity, and “you” refers to it as well.

2. Eligibility

You must be at least 18 years old (or the age of majority where you live) and capable of entering a binding contract to use the Service. The Service is a business tool for artists and is not directed to children.

3. Your account

• Provide accurate, current information when you register, and keep it up to date.
• You are responsible for safeguarding your password and for all activity under your account. Notify us immediately at support@theboothpulse.com if you suspect unauthorised access.
• One person or entity per account, unless your plan expressly allows additional seats.
• You may not transfer or sell your account without our written consent.

4. Plans, billing & refunds

4.1 Plans

The Service is offered in three tiers — Basic (free), Moderate, and Advanced — with the current features and prices listed on our Pricing page. The free plan is not a trial; it is a real plan we intend to support indefinitely, subject to its published limits (such as the artwork cap).

4.2 Billing

• Paid plans are billed in advance, monthly or yearly, through our payment processor (Stripe). Yearly billing includes the discount shown on the Pricing page.
• Subscriptions renew automatically at the end of each billing period until cancelled. Prices are in US dollars and exclusive of any applicable taxes, which are added where required.
• You can switch plans at any time — up or down, monthly, no penalty. Changes are prorated.
• If a payment fails, we will retry and email you. If it remains unpaid after reasonable notice, we may downgrade your account to the Basic plan (your data stays intact).
• If we change the price of your plan, we will give you at least 30 days' notice by email, and the new price takes effect at your next renewal.

4.3 Our 30-day guarantee

4.4 Cancellation

After the first 30 days, you can cancel at any time from your account settings or by emailing support@theboothpulse.com. Your subscription ends at the close of your current billing period; except as described in Section 4.3 or required by law, fees already paid are not refunded for partial periods. After cancellation your account reverts to the Basic plan and your data remains available under that plan's limits.

4.5 No commission — ever

We never charge a commission on the work you sell. Your only cost is your subscription fee. Payment platforms you connect (Square, Shopify, PayPal, Stripe, Instagram) charge their own processing fees, which are between you and them.

5. Gallery Connect & buyer payments

The Advanced plan includes Gallery Connect — a public portfolio URL with optional “Buy Now” checkout powered by Stripe. For those sales:

• Each sale is a transaction between you and your buyer. The Booth Pulse is not a party to it, is not a marketplace, and does not take a commission. You are the seller of record.
• You are responsible for fulfilling orders, handling returns and refunds to your buyers, describing your work accurately, and collecting and remitting any sales taxes that apply to your sales.
• Payments are processed by Stripe under Stripe's own terms; you may need a Stripe account, and Stripe's processing fees apply.
• You are responsible for the content you publish on your portfolio page, which must comply with Section 7.

6. Your content & your data

You own your work and your data. Everything you put into the Service — artwork images, portfolio content, sales records, receipts, inventory, customer contacts, notes (“Your Content”) — remains yours. We claim no ownership of your artwork or your business data, ever.

So that we can run the Service, you grant us a limited, non-exclusive, worldwide, royalty-free licence to host, store, process, display, and transmit Your Content solely to provide and improve the Service as described in these Terms and our Privacy Policy — for example, storing your images, rendering your dashboards, generating your analytics, and publishing the portfolio pages you choose to make public. This licence ends when you delete the content or your account, except for lawful backups that expire on a rolling schedule.

• You confirm that you have the rights to everything you upload, including your customers' contact information (see Section 9 of the Privacy Policy).
• We safeguard Your Content — including your customers' information — with encryption in transit and at rest, strict access controls, and the other measures described in the Privacy Policy.
• You can export your data at any time from your account settings.
• We may use aggregated, de-identified data (never identifying you or your buyers) to improve the Service and publish market insights.

7. Acceptable use

Keep it fair. When using the Service, you agree not to:

• break any applicable law, or infringe anyone's intellectual property, privacy, or other rights;
• upload content that is unlawful, deceptive, defamatory, or harmful, or misrepresent the authorship or authenticity of work you sell;
• upload malware, probe or breach our security, or interfere with the Service or other users' accounts;
• scrape, harvest, or bulk-download data from the Service, or access it by automated means other than our documented interfaces;
• reverse engineer, copy, resell, or white-label the Service, or use it to build a competing product;
• use buyer contact data from the Service to send spam or communications that violate anti-spam laws (such as CAN-SPAM or CASL);
• share one account across multiple businesses, or circumvent plan limits.

We may suspend or terminate accounts that violate this section, with notice where practicable.

8. Third-party services

The Service connects, at your option, with third-party platforms such as Square, Shopify, PayPal, Instagram, and Stripe. Those services are governed by their own terms and privacy policies, and we are not responsible for them. If a platform changes or withdraws its API, some features that depend on it may change or stop working; we will do our best to give notice and offer alternatives.

9. AI insights disclaimer

10. Our intellectual property

The Service itself — its software, design, dashboards, text, graphics, logos, and the “The Booth Pulse” name and marks — is owned by us or our licensors and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable licence to use the Service for your own business while these Terms are in effect. Feedback you send us may be used to improve the Service without obligation to you.

11. Service availability & changes

• We work hard to keep the Service available, but it is provided without an uptime guarantee; maintenance, updates, and factors beyond our control can cause interruptions.
• We continually improve the Service and may add, change, or retire features. If we materially reduce core functionality of a paid plan, we will give you at least 30 days' notice, and you may cancel with a prorated refund of prepaid, unused fees.
• We back up data regularly, but you are encouraged to export your records periodically as well.

12. Termination

• By you: delete your account or cancel at any time, as described in Section 4.4.
• By us: we may suspend or terminate your access if you materially breach these Terms, create risk or legal exposure for us or other users, or fail to pay after reasonable notice. Where practicable, we will warn you first and give you a chance to fix the problem.
• Upon termination you will have 30 days to export your data (except in cases of serious abuse or where the law prevents it), after which it is deleted as described in the Privacy Policy.
• Sections that by their nature should survive — including 6 (licence wind-down), 9, 10, 13, 14, 15, and 16 — survive termination.

13. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANALYTICS AND AI OUTPUTS WILL BE ACCURATE OR COMPLETE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL; AND (B) OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) FIFTY US DOLLARS ($50).

Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud, gross negligence, or willful misconduct, or your statutory rights as a consumer where they apply.

15. Indemnification

You agree to defend and indemnify The Booth Pulse against claims, damages, and reasonable legal fees arising from (a) Your Content, including the artwork and customer data you upload; (b) your sales to buyers, including Gallery Connect transactions; or (c) your breach of these Terms or of applicable law — except to the extent caused by our own breach or misconduct.

16. Governing law & disputes

These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-laws rules. Before filing any claim, you agree to contact us at hello@theboothpulse.com and give us 30 days to work it out informally — most issues never need to go further than that. Any dispute that cannot be resolved informally will be brought in the state or federal courts located in Seminole County, Florida, and both parties consent to their jurisdiction. If you are a consumer in a jurisdiction that grants you the right to sue in your local courts or under your local law, these Terms do not take that right away.

17. General terms

• Changes to these Terms. We may update these Terms as the Service evolves. For material changes we will give at least 14 days' notice by email or in-app notice before they take effect; continued use after that date means you accept the updated Terms. The “Last updated” date above always reflects the current version.
• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service.
• Severability. If any provision is found unenforceable, the rest remain in full effect.
• No waiver. Our not enforcing a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets, with notice to you.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.

18. Contact