Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Ministry Pulse, a DBA of Hey Hud LLC, an Indiana limited liability company ("Ministry Pulse", "we", "us", or "our"). By accessing or using the Ministry Pulse platform, services, or website (collectively, the "Service"), you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Service.

2. Service Description

Ministry Pulse is a software platform/tool that enables ministry leaders to manage their ministry operations.Ministry Pulse provides tools and services including, but not limited to, student management, conversation logging, event planning, and communication tools.

CRITICAL: Ministry Pulse provides tools and services, but does NOT provide ministry services, oversight, compliance management, legal advice, or any other services beyond the software platform itself. Ministry Pulse is a tool/service provider only.

3. User Responsibility and Liability

YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICE. You acknowledge and agree that:

• You are solely responsible for your use of the Service and compliance with all applicable laws, regulations, and standards, including but not limited to child protection laws (including COPPA), FERPA (if applicable), and all other federal, state, and local laws.
• You are responsible for ensuring your use of the Service complies with all child protection laws, including COPPA, and for obtaining all necessary parental consents and permissions.
• Ministry Pulse is NOT responsible for your actions, misuse, abuse, or illegal use of the Service.
• Ministry Pulse provides tools only; you are responsible for how you use those tools.
• Any violation of laws or regulations by you is solely your responsibility.
• Ministry Pulse is not responsible for your ministry decisions, practices, or compliance with any laws or regulations.

4. Account Registration and Requirements

To use the Service, you must:

• Be at least 18 years of age
• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate, current, and complete
• Maintain the security of your account credentials
• Notify Ministry Pulse immediately of any unauthorized use of your account
• Be responsible for all activities that occur under your account

5. Subscription Terms

5.1 Free Trial

Ministry Pulse may offer a free trial period. At the end of the free trial, you will be required to select a paid subscription plan to continue using the Service.

5.2 Billing and Payment

Subscription fees are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law or as otherwise stated in these Terms.

5.3 Auto-Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel prior to the renewal date.

5.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. No refunds will be provided for the remainder of the billing period.

6. Prohibited Uses

You agree NOT to use the Service to:

• Violate any applicable laws or regulations, including child protection laws (COPPA), FERPA, or any other laws
• Harass, abuse, harm, or threaten others
• Collect or store personal data of children under 13 without proper parental consent
• Violate any third-party rights, including intellectual property rights
• Transmit spam, unsolicited messages, or unauthorized advertising
• Attempt to gain unauthorized access to the Service or related systems
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service in any way that could damage, disable, or impair the Service
• Use automated systems (bots, scrapers, etc.) to access the Service without permission

7. Intellectual Property

The Service, including all software, code, designs, text, graphics, and other content, is owned by Ministry Pulse or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You retain ownership of any data, content, or materials you upload to the Service. However, by using the Service, you grant Ministry Pulse a license to use, store, and process your data solely for the purpose of providing the Service.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Ministry Pulse's total liability to you for any claims arising from or related to the Service shall not exceed the amount you paid to Ministry Pulse in the 12 months preceding the claim.
• Ministry Pulse shall NOT be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.
• Ministry Pulse provides the Service "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied.
• Ministry Pulse does not warrant that the Service will be uninterrupted, error-free, or secure.
• Ministry Pulse shall NOT be liable for any misuse, abuse, or illegal use of the Service by users.
• Ministry Pulse is NOT responsible for user violations of laws or regulations.
• Ministry Pulse is NOT liable for consequences of user actions or decisions.

9. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Ministry Pulse, Hey Hud LLC, and their officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any laws or regulations, including child protection laws (COPPA), FERPA, or any other laws
• Your violation of any third-party rights
• Any content or data you upload, post, or transmit through the Service
• Your failure to obtain necessary consents or permissions (including parental consent for COPPA compliance)

This indemnification obligation will survive termination of these Terms and your use of the Service.

10. Termination

Ministry Pulse may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including but not limited to your violation of these Terms.

Upon termination, your right to use the Service will cease immediately. You may export your data prior to termination. Ministry Pulse may delete your data after a reasonable retention period.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law provisions.

Any disputes arising from or related to these Terms or the Service shall be resolved in the state and federal courts located in Indiana, and you consent to the personal jurisdiction of such courts.

12. Changes to Terms

Ministry Pulse reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date.

Your continued use of the Service after such modifications constitutes your acceptance of the modified Terms.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. Entire Agreement

These Terms constitute the entire agreement between you and Ministry Pulse regarding the Service and supersede all prior agreements and understandings.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Ministry Pulse (Hey Hud LLC)
Email: [email protected]
Email: [email protected]