PubPulse Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the PubPulse website, software applications, services and related features (“PubPulse”, the “Platform” or the “Services”).

By creating an account, starting a free trial, purchasing a subscription or otherwise using PubPulse, you agree to these Terms.

If you do not agree to these Terms, you must not use the Services.

PubPulse is a product of Enorme Limited, a company registered in England and Wales under company number 14608315, whose registered office is at Market House, Church Street, Harleston, Norfolk, IP20 9BB. Our VAT registration number is GB 497 4987 05.

Enorme Limited is the provider of the Services and is the party with whom you contract.

For questions regarding these Terms or the PubPulse Services, please contact:

Enorme Limited
Market House, Church Street, Harleston, Norfolk, IP20 9BB
Company number 14608315 · VAT registration number GB 497 4987 05
Email: info@pubpulse.co.uk

1. About PubPulse

PubPulse provides cloud-based software and digital tools designed primarily for pubs, licensed premises and hospitality businesses.

The PubPulse platform may include individual applications, modules and features designed to assist with matters such as supplier price monitoring, selling-price calculations, staff rotas, task management, business diaries, event management, document storage, notifications and other operational functions.

Features may be introduced, changed, improved or withdrawn from time to time as the PubPulse platform develops.

PubPulse is provided as Software as a Service (“SaaS”). You do not purchase or own the underlying software. Your subscription provides a limited right to access and use the Services during the period in which you have an active account.

2. Business Use

PubPulse is principally intended for use by businesses and persons acting in the course of a trade, profession or business.

By creating a PubPulse business account, you confirm that you have authority to enter into these Terms on behalf of the business or organisation using the account.

Where you create users for employees, managers or other authorised persons, you are responsible for their use of PubPulse and for ensuring that they comply with these Terms.

3. 30-Day Free Trial

New customers may be offered a 30-day free trial of PubPulse or selected PubPulse applications.

Unless otherwise stated at the time you register:

• the trial lasts for 30 days from activation;
• no subscription charge is made for the trial period;
• the trial is intended to allow you to evaluate the Services before committing to an ongoing subscription; and
• only one free trial may normally be claimed by the same customer, business or premises unless PubPulse agrees otherwise.

Where a payment method is provided when starting the trial and you are informed that the trial will convert automatically, your selected paid subscription will begin at the end of the 30-day trial unless you cancel before the trial expires.

The price and billing frequency applicable after the trial will be displayed when you select your subscription.

You may cancel during the trial to prevent the paid subscription from commencing.

PubPulse reserves the right to modify, suspend or withdraw free-trial offers or to refuse a free trial where we reasonably believe that the offer is being abused.

4. Subscriptions

Following any applicable free trial, continued use of PubPulse requires an active paid subscription.

Subscriptions may be offered on a monthly, annual or other recurring basis.

Prices displayed on the PubPulse website and within the Services are stated exclusive of VAT. VAT is charged in addition at the prevailing rate, and the VAT-inclusive total is shown before you confirm your subscription.

The price of your subscription will be the price displayed when you subscribe, together with any applicable VAT or other taxes.

A VAT invoice showing our VAT registration number, the rate applied and the VAT amount is made available for each payment.

Different PubPulse applications, modules, service levels, usage allowances or numbers of users or products may attract different subscription charges.

Your subscription gives you access only to the products, modules, usage levels and features included within the plan you have selected.

Unless otherwise stated, subscriptions automatically continue for successive billing periods until cancelled.

5. Subscription Changes and Pricing

PubPulse may change its subscription plans, product limits, features or prices from time to time.

Where a price change affects an existing paid subscription, we will provide reasonable notice before the new price takes effect.

If you do not wish to continue at the revised price, you may cancel your subscription before the new price becomes effective.

Continuing to use the Services after a notified price change takes effect constitutes acceptance of the revised price.

6. Payment

Subscription fees are payable in advance for the applicable billing period unless otherwise stated.

You authorise PubPulse and its appointed payment provider to collect subscription charges using the payment method associated with your account.

You are responsible for ensuring that your payment information remains current and that sufficient funds are available.

If payment cannot be collected, we may:

• retry the payment;
• contact you regarding the outstanding amount;
• restrict access to some or all of the Services; or
• suspend or terminate the subscription.

You remain responsible for charges properly incurred before termination or suspension.

7. Cancellation

You may cancel your subscription through the facilities provided within your account where available, or by contacting: info@pubpulse.co.uk

Unless specifically stated otherwise for your subscription, cancellation takes effect at the end of the billing period for which you have already paid.

You may continue using the relevant Services until that date.

Subscription fees already paid are not normally refundable for partially used billing periods unless required by law or expressly agreed by PubPulse.

Cancellation prevents future subscription renewals; it does not automatically result in reimbursement of charges already properly incurred.

8. Your Account

You are responsible for:

• providing accurate account information;
• keeping your login credentials secure;
• controlling who has access to your account;
• maintaining appropriate permissions for staff and users;
• promptly removing access when a member of staff or other authorised user should no longer have access; and
• notifying us if you believe your account has been compromised.

You must not share login credentials in a way that circumvents user or subscription limits.

You are responsible for activity carried out through your account unless the activity results directly from a security failure for which PubPulse is legally responsible.

9. Acceptable Use

You must not use PubPulse:

• for any unlawful or fraudulent purpose;
• to upload malicious software, viruses or harmful code;
• to attempt to gain unauthorised access to PubPulse systems or another customer's data;
• to interfere with the operation or security of the Platform;
• to reverse engineer, decompile or attempt to extract source code except where such restriction is prohibited by law;
• to copy, resell or commercially exploit the Services except where expressly authorised by PubPulse;
• to conduct automated scraping or excessive automated querying without our permission;
• to impersonate another person or business; or
• in a way that may damage PubPulse, its systems, customers or reputation.

We may suspend or restrict an account where we reasonably believe these Terms have been breached or where action is necessary to protect the Platform, its users or its security.

10. Customer Data

You retain ownership of the business information, documents and other data that you upload to PubPulse (“Customer Data”).

You grant PubPulse the rights necessary to host, store, copy, process, analyse and transmit Customer Data solely as required to provide, secure, maintain, support and improve the Services and to meet our legal obligations.

You are responsible for ensuring that:

• you have the right to upload and process the information you provide;
• the information is lawful and reasonably accurate;
• you do not upload data that you are prohibited from processing; and
• your use of personal information through PubPulse complies with applicable data-protection legislation.

Our handling of personal data is also governed by our Privacy Policy and, where applicable, any Data Processing Agreement entered into between PubPulse and the customer.

Where PubPulse processes personal data on your behalf, you are the data controller and PubPulse is the data processor. That processing is governed by our Data Processing Agreement, which is incorporated into and forms part of these Terms. By accepting these Terms you also accept the Data Processing Agreement.

11. Supplier Invoices and Uploaded Documents

Certain PubPulse applications may allow you to upload supplier invoices, receipts, documents, photographs or other records.

PubPulse may use automated document-reading, data-extraction, optical character recognition, artificial intelligence or similar technologies to interpret information contained in those documents.

While these systems are designed to assist users, automated extraction is not infallible.

You remain responsible for checking important information extracted from invoices or other documents before relying upon it.

Original supplier invoices and accounting records should be retained in accordance with your own legal, accounting and record-keeping obligations.

PubPulse should not be treated as the sole repository for documents that you are legally required to retain unless we expressly state otherwise.

12. Prices, Margins, Calculations and Recommendations

Some PubPulse applications may calculate or display supplier prices, margins, suggested selling prices, percentages, trends, alerts or other commercial information.

These facilities are intended as business-management tools only.

Calculations and recommendations may depend upon:

• information supplied by you;
• data extracted from uploaded documents;
• assumptions configured within your account;
• tax rates;
• product quantities or measures;
• supplier information; and
• other variables.

You are responsible for checking the accuracy and suitability of this information before making commercial decisions.

Suggested selling prices, margin calculations and alerts are not instructions to change your prices and do not constitute financial, accounting, tax or professional advice.

The final decision concerning what your business buys, sells or charges always remains with you.

13. Third-Party Services

PubPulse may connect with or rely upon third-party services including payment processors, hosting providers, communications providers, email services, SMS providers, document-processing services, authentication services and other technology suppliers.

Some functions may therefore depend upon services that are outside PubPulse's direct control.

We are not responsible for failures caused solely by a third-party service provider where those failures are outside our reasonable control, although we will take reasonable steps to restore affected PubPulse services where practical.

Your use of certain third-party services may also be subject to that provider's own terms.

14. Service Availability

PubPulse aims to provide a reliable and useful service, but no internet-based software platform can be guaranteed to operate continuously without interruption.

The Services may occasionally be unavailable because of:

• maintenance;
• upgrades;
• technical faults;
• internet or telecommunications failures;
• third-party service failures;
• cybersecurity incidents;
• emergency maintenance; or
• circumstances outside our reasonable control.

We may carry out maintenance and software updates where reasonably necessary.

Unless expressly agreed in a separate written Service Level Agreement, PubPulse does not guarantee any particular percentage of uptime or uninterrupted availability.

15. Changes to the Services

PubPulse is an evolving software platform.

We may add, change, redesign or remove features where reasonably necessary to:

• improve the Services;
• respond to customer requirements;
• improve security;
• comply with law;
• integrate new technologies;
• discontinue obsolete functionality; or
• develop the PubPulse product range.

We will take reasonable steps to avoid making changes that materially undermine the core functionality of a paid subscription without appropriate notice.

16. Intellectual Property

All intellectual-property rights in PubPulse and the Services, including software, databases, designs, interfaces, logos, trademarks, graphics, documentation, workflows and underlying technology, belong to PubPulse or its licensors.

Your subscription grants you a limited, non-exclusive, non-transferable and revocable right to use the Services for your internal business purposes while your subscription remains active.

No ownership rights in the PubPulse software or intellectual property are transferred to you.

“PubPulse”, “PricePulse”, “RotaPulse”, “TaskPulse”, “DiaryPulse” and other PubPulse product names, logos and branding may not be reproduced or used commercially without permission.

17. Feedback and Suggestions

If you provide ideas, suggestions or feedback about PubPulse, we may use that feedback to develop or improve the Services without creating an obligation to compensate you.

This does not give PubPulse ownership of your confidential business information or Customer Data.

18. Confidentiality

Each party must take reasonable steps to protect confidential information received from the other party.

This obligation does not apply to information that:

• is already lawfully in the public domain;
• was already lawfully known to the receiving party;
• is independently developed without use of the confidential information; or
• must be disclosed by law or by a competent authority.

19. Data Backups and Exports

PubPulse may operate backup and disaster-recovery procedures as part of its normal service operations.

However, you should maintain appropriate independent records and backups of information that is critical to your business.

Where export facilities are provided, you are responsible for exporting information you wish to retain before your account is permanently closed.

Following termination, PubPulse may delete or anonymise Customer Data after a reasonable retention period, subject to legal, regulatory, security and backup requirements.

20. No Professional Advice

PubPulse provides software tools and business information.

Nothing provided through PubPulse constitutes legal, financial, accounting, tax, employment, health and safety or other regulated professional advice.

Where professional advice is required, you should consult an appropriately qualified adviser.

You remain responsible for the management and operation of your business and for decisions made using information provided through the Platform.

21. Warranties and Disclaimers

We will provide the Services with reasonable care and skill.

However, subject to rights which cannot legally be excluded, we do not warrant that:

• the Services will always be uninterrupted or error-free;
• every calculation or automated extraction will be correct;
• every supplier price change or business issue will be detected;
• use of PubPulse will increase profits or reduce costs;
• the Services will meet every individual business requirement; or
• third-party services will always remain available.

PubPulse is a management aid and does not replace appropriate business controls, checking procedures or professional judgement.

22. Limitation of Liability

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

Subject to the above, to the maximum extent permitted by law, PubPulse will not be liable for:

• loss of profit;
• loss of revenue;
• loss of anticipated savings;
• loss of business;
• loss of opportunity;
• loss of goodwill or reputation;
• business interruption;
• indirect or consequential loss;
• losses resulting from inaccurate information supplied by the customer;
• losses resulting from the customer's failure to verify automatically extracted information or calculations; or
• losses caused by events outside PubPulse's reasonable control.

Subject to liabilities which cannot legally be limited, PubPulse's total aggregate liability arising out of or in connection with the Services or these Terms shall not exceed the total subscription fees actually paid by the customer to PubPulse during the 12 months immediately preceding the event giving rise to the claim.

If the customer has used PubPulse for less than 12 months, the limit will be the total subscription fees actually paid during that shorter period.

Nothing in this section affects any rights that cannot lawfully be excluded or restricted.

23. Indemnity

To the extent permitted by law, you will be responsible for losses, claims or reasonable costs incurred by PubPulse resulting directly from:

• your unlawful use of the Services;
• your deliberate infringement of another person's intellectual-property rights;
• unlawful Customer Data uploaded by you; or
• a material breach of these Terms by you.

This provision does not make you responsible for losses caused by PubPulse's own negligence or breach of these Terms.

24. Suspension

We may temporarily suspend or restrict your access where reasonably necessary because of:

• non-payment;
• suspected fraudulent activity;
• a serious breach of these Terms;
• a security risk;
• misuse of the Platform;
• unlawful activity; or
• a requirement imposed by law or a competent authority.

Where reasonably possible, we will give you an opportunity to remedy a breach before permanently terminating your account.

25. Termination

You may terminate your subscription by cancelling it in accordance with Section 7.

PubPulse may terminate an account or subscription where:

• subscription charges remain unpaid;
• these Terms are materially or repeatedly breached;
• the Services are being used unlawfully;
• continued provision creates a material security or legal risk; or
• PubPulse permanently discontinues the relevant service.

Where PubPulse discontinues a paid service for reasons unrelated to a customer's breach, we will provide reasonable notice where practical and, where appropriate, refund any prepaid subscription charges relating to a period during which the discontinued service will no longer be available.

26. Force Majeure

PubPulse will not be liable for delay or failure to perform its obligations where caused by events outside its reasonable control.

These may include natural disasters, fire, flood, power failure, telecommunications failure, internet outages, industrial disputes, government action, war, terrorism, civil disturbance, epidemics, pandemics, major cyber incidents or failure of critical third-party infrastructure.

27. Transfer of the Agreement

You may not transfer your subscription or your rights under these Terms to another person or business without our written consent.

PubPulse may transfer its rights and obligations under these Terms as part of a corporate restructuring, financing, merger, acquisition, sale of the PubPulse business or transfer to another company within the same corporate group, provided that doing so does not materially reduce your contractual rights.

28. Changes to These Terms

We may update these Terms from time to time to reflect:

• changes to PubPulse;
• new products or technology;
• changes in law or regulation;
• security requirements; or
• changes to our business practices.

The latest version will be published on the PubPulse website.

Where a change materially affects an existing paid customer's rights or obligations, we will take reasonable steps to provide advance notice.

Your continued use of the Services after the revised Terms become effective constitutes acceptance of those Terms.

29. Entire Agreement

These Terms, together with your subscription details, Privacy Policy and any other terms expressly incorporated into your subscription, form the agreement between you and PubPulse relating to the Services.

They replace previous discussions or representations concerning the same subject matter, except in cases of fraud or fraudulent misrepresentation.

30. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be treated as modified to the minimum extent necessary to make it enforceable.

If that is not possible, it will be removed without affecting the remaining provisions.

31. No Waiver

If either party does not immediately enforce a right under these Terms, that does not mean the right has been waived.

32. Third-Party Rights

Unless expressly stated otherwise, no person other than you and PubPulse has any right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.

33. Governing Law and Jurisdiction

These Terms and any dispute or claim arising from them are governed by the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction over disputes arising from or connected with these Terms, subject to any rights that cannot lawfully be excluded.

34. Contact Us

If you have any questions about these Terms, your subscription or the PubPulse Services, please contact:

PubPulse
Email: info@pubpulse.co.uk

We aim to resolve customer queries and disputes promptly and fairly.