These Terms of Service ("Terms") govern your access to and use of the pulse platform and related services provided by wemark ("wemark", "we", "us", or "our"), based in Toronto, Ontario, Canada. By creating an account, accessing, or using pulse, you agree to these Terms. If you are agreeing on behalf of a dental practice or other organization ("you" or the "clinic"), you represent that you have authority to bind that organization.
1. The service
pulse is a modular software platform for dental practices. Clinics can enable individual features, including the track feature, which lets a clinic connect its own third-party accounts (such as Google and Meta) to view its marketing and online-presence performance in one place. We may add, change, or remove features over time.
2. Accounts and eligibility
pulse is intended for use by dental practices and their authorized staff. You must provide accurate account information, keep your credentials confidential, and are responsible for activity that occurs under your account. You must be able to form a binding contract and use pulse in compliance with applicable laws and professional obligations.
3. Your data and your responsibilities
As between you and wemark, you retain all rights to the data you provide or connect ("your data"). You grant us the limited rights needed to host, process, and display your data in order to provide the service. You are responsible for:
- Obtaining any consents and providing any notices required for the data you put into or connect to pulse, including patient consents under applicable health-privacy law;
- Your role as the health-information custodian for your patients (wemark acts only as your service provider for that information); and
- Ensuring you are authorized to connect any third-party account you connect to pulse.
4. Acceptable use
You agree not to: use pulse for any unlawful purpose; attempt to access another clinic's data or any system you are not authorized to access; interfere with or disrupt the service; reverse engineer or copy the platform except as permitted by law; or use the service to send unlawful, infringing, or harmful content.
5. Third-party services
pulse can connect to third-party services such as Google and Meta. Your use of those services is governed by their own terms and privacy policies, and your authorization is required for each connection. We are not responsible for third-party services, and a third party may change or discontinue access to its data at any time. pulse accesses connected Google data on a read-only basis, as described in our Privacy Policy.
6. Fees
Access to pulse and to wemark services is provided on the subscription or engagement terms agreed between you and wemark. Unless otherwise agreed in writing, fees are payable as set out in your order or subscription, and are non-refundable except where required by law.
7. Intellectual property
pulse, the wemark and pulse names and logos, and all related software, content, and design are owned by wemark or its licensors and are protected by intellectual-property laws. These Terms do not grant you any right to our intellectual property except the limited right to use the service as permitted here.
8. Confidentiality
Each party may receive confidential information from the other. The receiving party will use it only to perform under these Terms and will protect it with reasonable care. This does not apply to information that is public, independently developed, or rightfully obtained from another source.
9. Disclaimers
pulse 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, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that data retrieved from third parties will be accurate or complete. pulse is a measurement and operations tool and is not a substitute for professional, legal, or clinical judgment.
10. Limitation of liability
To the fullest extent permitted by law, wemark will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, or data. Our total liability arising out of or relating to the service or these Terms will not exceed the amounts you paid to wemark for the service in the twelve months before the event giving rise to the claim.
11. Indemnification
You agree to indemnify and hold wemark harmless from claims, losses, and expenses arising out of your data, your use of the service, your breach of these Terms, or your violation of any law or third-party right.
12. Term and termination
These Terms apply while you use pulse. You may stop using the service and close your account at any time. We may suspend or terminate access if you breach these Terms, if required by law, or if we discontinue the service. On termination, your right to use the service ends; provisions that by their nature should survive (such as ownership, disclaimers, and limitation of liability) will survive.
13. Changes to the service and these Terms
We may update these Terms from time to time. When we make material changes, we will revise the "Last updated" date above and, where appropriate, provide additional notice. Your continued use of pulse after a change takes effect means you accept the updated Terms.
14. Governing law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. The courts of Ontario will have exclusive jurisdiction over any dispute, subject to any non-waivable rights you have under applicable law.
15. Contact us
Questions about these Terms can be sent to:
wemark
Toronto, Ontario, Canada
legal@wemark.ca