BlueSphere Pulse™
Terms of Service
1. Acceptance of Terms
By clicking “I agree to the BlueSphere Pulse Terms of Service,” accessing, or using Pulse Services, the individual accepting this Agreement on behalf of an organization represents and warrants that:
They are duly authorized to bind such organization to this Agreement; and
The organization for which Pulse Services are requested (the “Participant”) agrees to be bound by these Terms.
If the individual does not have such authority, or if the Participant does not agree to these Terms, Pulse Services may not be accessed or used.
2. Purpose and Nature of Services
Pulse Services provide a limited-duration cybersecurity visibility and risk snapshot engagement. Pulse Services are informational and evaluative only. They do not constitute:
- A comprehensive security program
- Managed detection and response (MDR) services
- Continuous monitoring
- Incident response services
- Legal, regulatory, or compliance certification
- A guarantee of security or threat prevention
Pulse Services are exploratory in nature and do not create an ongoing managed services relationship.
3. Description of Services
During the seven (7) business day engagement period (“Pulse Period”), Simulint may:
- Deploy lightweight assessment tooling
- Review selected telemetry
- Perform limited configuration analysis
- Conduct one simulated phishing exercise (if selected)
- Conduct external vulnerability scanning
- Provide a summary report of observations
Out of scope are:
- 24×7 monitoring guarantees
- Remediation execution
- Forensic investigation
- Regulatory reporting
- Legal advisory services
- Compliance certification
- Any warranty of protection
Simulint may modify the scope of Pulse Services at its discretion.
4. Term and Termination
Pulse Services begin upon activation and continue for seven (7) business days unless earlier terminated. Either party may terminate Pulse Services at any time for any reason. Pulse Services do not automatically convert into paid services. Any future engagement must be documented in a separate written agreement.
5. Fees
Pulse Services are provided at no charge during the Pulse Period unless otherwise agreed in writing. Participant remains solely responsible for:
- Internal labor and operational costs
- Third-party software or platform costs
- Remediation expenses
- Any actions taken or not taken in response to recommendations
6. Participant Responsibilities and Authorization
Participant shall:
- Provide accurate system and environment information
- Provide necessary credentials or access permissions
- Maintain administrative control over its systems and accounts
Participant represents and warrants that:
- It has full legal authority to authorize Simulint to access, analyze, scan, and test the systems, networks, applications, accounts, and data submitted for Pulse Services;
- It has obtained all required internal approvals and third-party consents;
- Its participation does not violate any contractual or legal obligations.
Participant retains full control, responsibility, and decision-making authority over its systems, data, and security posture. Participant is solely responsible for implementing or declining any recommendations.
7. Data Processing and Confidentiality
Each party shall protect Confidential Information using reasonable administrative, technical, and physical safeguards. Simulint may process system telemetry and related data solely to deliver Pulse Services. Simulint may use anonymized and aggregated data for analytics, benchmarking, service improvement, and product development, provided such data does not identify Participant. Participant represents it has lawful authority to provide any data submitted for analysis.
8. Intellectual Property
Participant retains ownership of its systems, networks, and data. Simulint retains exclusive ownership of:
- Methodologies
- Tools
- Software
- Reports
- Documentation
- Trade secrets
- Intellectual property
- Derivative works created in connection with Pulse Services
No license is granted except as necessary to deliver Pulse Services.
9. No Security Guarantee
Participant acknowledges that cybersecurity risk cannot be eliminated. Simulint does not guarantee:
- Detection of all threats
- Prevention of incidents
- Continuous availability
- Compliance with any regulatory framework
- That vulnerabilities will not exist
Pulse Services provide limited visibility only.
10. Disclaimer of Warranties
PULSE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
11. Limitation of Liability
To the maximum extent permitted by law, Simulint’s total cumulative liability arising out of or relating to Pulse Services shall not exceed One Thousand U.S. Dollars (US $1,000). Simulint shall not be liable for:
- Indirect damages
- Incidental damages
- Consequential damages
- Special damages
- Punitive damages
- Exemplary damages
- Loss of profits
- Business interruption
- Loss of data
- Reputational harm
This limitation applies regardless of the legal theory asserted.
12. Indemnification
Participant agrees to indemnify, defend, and hold harmless Simulint and its officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, or expenses arising out of:
- Participant’s systems or data
- Unauthorized participation
- Breach of this Agreement
- Misuse of Pulse Services
- Failure to act on recommendations
13. Compliance with Laws
Participant represents that it will use Pulse Services in compliance with all applicable laws and regulations. Participant further represents that it has obtained all necessary legal authority and approvals to permit testing and analysis of its systems.
14. Relationship of Parties
Nothing in this Agreement creates a partnership, joint venture, agency, fiduciary, employment, or reseller relationship between the parties. Simulint acts as an independent contractor.
15. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located in Delaware.
16. Entire Agreement
This Agreement constitutes the entire agreement regarding Pulse Services and supersedes all prior or contemporaneous discussions, representations, or agreements relating to Pulse Services.
