Pulseheaven Terms and Conditions of Use and Sale

Effective Date: June 28, 2025

Welcome to Pulseheaven. These Terms and Conditions ("Terms") form a legally binding agreement between you ("you," "your," or "User") and Pulseheaven LLC, a Texas limited-liability company ("Pulseheaven," "we," "our," or "us"). By accessing or using the Pulseheaven website, mobile applications, APIs, or any related services (collectively, the "Platform"), you confirm that you have read, understood, and agree to be bound by these Terms.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE PLATFORM.

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1. Definitions

2. Eligibility and Account Registration

You must meet both the age and residency requirements below to transact on Pulseheaven. If you do not meet these requirements, you may still browse public content, follow users, join public groups, and use the AI Try-On feature, but you cannot list, buy, or sell Products until you qualify.

1. Age Requirement

• Adults (18+): Users aged 18 or older may open buyer/seller accounts, list Products, purchase, and sell freely on the Platform.
• Minors (13–17): Users aged 13–17 may open buyer/seller accounts, list Products, purchase, and sell only under the active supervision of a parent or legal guardian who agrees to these Terms and the associated transaction obligations.
• Under 13: Users under 13 may not create an account or access any Platform features.

2. Residency Requirement

• Pulseheaven is offered and operated exclusively within the United States.
• Only U.S. residents with a valid U.S. shipping address and U.S. bank account can list Products for sale or purchase through the Platform.
• Non-U.S. visitors may browse, follow users, join public groups, and use the AI Try-On feature, but may not transact until Pulseheaven expands support to other regions.

3. Listing and Selling Products

1. Accuracy. You must provide truthful, complete, and non-misleading descriptions and photos of each Product, including brand, size, condition, flaws, and any alterations.
2. Prohibited Products. You may not list: counterfeit items; stolen goods; items that infringe intellectual-property rights; items containing hazardous materials; weapons; or any Product whose sale is prohibited by law or by our Prohibited Items Policy (available on the Platform).
3. Condition Standards. You must disclose wear, damage, or modifications. "New" or "NWT" labels may only be used for unused items with original tags.
4. Ownership and Authority. By listing a Product, you warrant that you own the Product and have the right to transfer title free of liens or encumbrances.
5. No External Transactions. Arranging payment or shipment outside the Platform is prohibited. All sales must be completed through Pulseheaven checkout.
6. Taxes. You are solely responsible for any federal or state taxes arising from sales you make. Where required by law, Pulseheaven will file Form 1099-K and collect or remit applicable sales taxes.

4. Buying Products

1. Obligation to Pay. By placing an order, Buyers agree to pay the stated purchase price, shipping costs, applicable taxes, and Service Fees.
2. All Sales Final. Except as provided in Section 8 (Pulse Protection) or as required by law, all sales are final and non-returnable.
3. Risk of Loss. Title and risk of loss pass to Buyer upon confirmed delivery by the carrier to the delivery address on record.

5. Fees, Payments, and Payouts

1. Commission. Pulseheaven charges Sellers a 9% commission on the total sale price (excluding taxes). Commission, credit-card fees, and any other Service Fees are deducted automatically from the Seller’s proceeds.
2. Payment Processing. Payments are processed via Stripe, Inc. By transacting, you agree to Stripe’s Connected Account Agreement and Stripe Services Agreement.
3. Payment Holds. Buyer payments are held until (a) the order status is marked delivered by the carrier and (b) the Buyer does not file a Pulse Protection claim within the review window, or we otherwise deem the transaction complete.
4. Payouts. Payouts to Sellers are initiated through Stripe Express to the bank account on file. Payout timing may vary depending on Stripe’s schedules and compliance requirements.
5. Disputed Charges and Chargebacks. If a Buyer files a chargeback, Pulseheaven will provide transaction evidence to the card issuer. Sellers may be debited for chargebacks unless covered under Pulse Protection.

6. Shipping and Fulfillment

1. Label Generation. Upon sale, Pulseheaven issues a prepaid shipping label via Shippo. Sellers must ship using that label within the stated handling time (typically 3 business days).
2. Packaging Standards. Sellers must package Products securely and include all components (e.g., shoeboxes, dust bags) disclosed in the listing.
3. Tracking. Tracking numbers are automatically provided to Buyers. Sellers must not alter labels or ship outside the Shippo system without prior written consent.
4. Returns Authorized by Pulseheaven. If a return is approved under Pulse Protection (e.g., wrong item, damaged in transit, materially inaccurate listing), Pulseheaven will generate a prepaid return label at the Seller’s expense. The cost of the return label will be automatically deducted as follows:
   (a) First from any remaining proceeds of the relevant order held in the Seller’s Stripe Express balance;
   (b) If insufficient, from the Seller’s general Stripe Express balance (including proceeds from other completed orders);
   (c) If still insufficient, from the Seller’s next payout(s) until the label cost is fully recovered.
   By using the Platform, Sellers authorize Pulseheaven and Stripe to make such deductions. Seller must accept the returned item; failure to do so may result in account sanctions, holds, or suspension.

7. Use of AI and Experimental Features

1. Virtual Try-On. The AI "Try On" tool is for visualization only and does not guarantee fit, color accuracy, or appearance. Pulseheaven disclaims all liability arising from use of the tool.
2. Future Authentication Service. Pulseheaven may introduce AI-assisted authentication. Until formally launched and described in a separate policy, no statement herein should be construed as a guarantee of authentication accuracy.

8. Pulse Protection — Dispute Resolution, Returns, and Refunds

1. Coverage. Pulse Protection protects Buyers against (i) non-delivery, (ii) Products that are materially not as described, and (iii) undisclosed counterfeit items. It protects Sellers against unjustified chargebacks and frivolous returns.
2. Claim Window. Buyers must initiate a claim through the Platform within 3 days of delivery. After that window, the transaction is deemed complete.
3. Resolution Process. Both parties must cooperate and provide requested evidence (photos, tracking, communication logs). Pulseheaven’s decision is final and binding.
4. Refunds. If a claim is granted, Buyer will receive a full refund to the original payment method. Seller forfeits proceeds for that order.
5. No Buyer’s Remorse. Claims based on fit, style preference, or change of mind are not covered.

9. User Conduct and Community Guidelines

1. Prohibited Conduct. You agree not to:
   • Violate any applicable law;
   • Infringe intellectual-property rights;
   • Upload or transmit malware;
   • Engage in fraud, misrepresentation, or price manipulation;
   • Harass, threaten, or abuse other Users;
   • Use hate speech, discriminatory language, or obscene content;
   • Circumvent fees or Platform processes.
2. Groups and Messaging. You may not post content that is defamatory, pornographic, or otherwise unlawful. Group admins may set additional rules. Pulseheaven may monitor or remove content at its discretion.

10. Intellectual Property; User Content License

1. Pulseheaven IP. The Platform and all related marks, code, and content are the property of Pulseheaven or its licensors and are protected by U.S. and international IP laws.
2. User Content. By uploading photos, text, or other content, you grant Pulseheaven a perpetual, worldwide, royalty-free, sublicensable license to use, display, reproduce, adapt, and distribute that content for the purpose of operating and promoting the Platform.
3. DMCA Policy. If you believe content on the Platform infringes your copyright, submit a notice to our support team at [email protected].

11. Third-Party Services and Links

The Platform integrates third-party services such as Stripe (payments) and Shippo (shipping). Use of those services is subject to their respective terms and privacy policies. Pulseheaven is not responsible for third-party services or websites.

12. Termination and Suspension

We may suspend or terminate your account, listings, or access to any part of the Platform at any time, with or without notice, for violation of these Terms, fraud, or any activity that may harm Pulseheaven or its Users. Upon termination, outstanding obligations (e.g., ongoing transactions) survive.

13. Disclaimer of Warranties

THE PLATFORM AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PULSEHEAVEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE CONTINUOUS, ERROR-FREE, OR SECURE ACCESS TO THE PLATFORM.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PULSEHEAVEN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) USD 100 OR (B) THE AMOUNT OF SERVICE FEES YOU PAID TO PULSEHEAVEN IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15. Indemnification

You agree to indemnify, defend, and hold harmless Pulseheaven, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your breach of these Terms; (b) your listings or content; (c) your transactions; or (d) your violation of any law or the rights of a third party.

16. Governing Law and Jurisdiction

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles. You agree to submit to the exclusive jurisdiction of the state or federal courts located in Travis County, Texas, for any lawsuit arising from these Terms or the Platform.

17. Changes to Terms

We may modify these Terms at any time by posting the revised version on the Platform and updating the “Effective Date.” Material changes will be announced via the Platform or email at least 30 days before they take effect. Your continued use of the Platform constitutes acceptance of the updated Terms.

18. Miscellaneous

1. Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force.
2. Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
3. Entire Agreement. These Terms, together with our Privacy Policy, Pulse Protection Policy, and any other policies referenced herein, constitute the entire agreement between you and Pulseheaven.
4. Survival. Sections that by their nature should survive termination (including, but not limited to, intellectual property, disclaimers, limitation of liability, indemnity, and governing law) shall survive.
5. Headings. Headings are for convenience only and do not affect interpretation.

19. Contact Us

If you have questions about these Terms, contact Pulseheaven LLC at:

• Email: [email protected]
• Postal Address: P.O. Box 13697, Austin, TX 78711-3697 (Secretary of State - Registered Agent Address)