Terms of Use

This website and the data, information and software it makes available (collectively, the “Site”) is operated by or for Pulse Profile Analytics Inc. and its licensees and subsidiaries, under the tradename HexIQ  (“HexIQ”, “Pulse” or “we” or “us”). By accessing or using the Site (including any current and future version of the Site) and/or using the Site to purchase licenses or access to, to download, use or obtain any dataset, material, information, measurements, software or services available thereon (collectively “Content”), you agree to the terms and conditions that follow as they may be modified from time to time by Pulse in its sole discretion or Pulse’s licensor(s) (collectively, this “Agreement”) and acknowledge that you are forming a binding, enforceable legal contract between you and Pulse.

By indicating your acceptance below or by accessing or using the Site and/or downloading/using Content, you represent and warrant that you have the right, power and authority to agree to and to be bound by this Agreement and to enter into a legal contract on your own behalf and that of any organization you purport to represent, and, further, YOU INDICATE YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. 

If you do not agree to all of the terms of this Agreement, or if you do not have the right, power, and authority to agree to and to be bound by this Agreement and/or enter into a legal contract, you must immediately cease use of the Site and are not permitted to use it to view, access, use, refer to or obtain Content.

You are referred to below as the Client if you are purchasing access or licenses to the Content. If you are accessing the Content on behalf of a Client, then you are referred to as the User or, as regards our sublicensing relationship with the American Medical Association, as the End User.

LICENSE

Upon payment of the applicable fees and compliance with all of the terms of this Agreement, Pulse grants to Client and its Users a limited, nonexclusive, non-transferable license to access and use the Content for Client’s internal, lawful use. The Content contains proprietary datasets and calculations based on datasets from Pulse and Pulse’s third-party licensors. Pulse is and at all times remains the sole and exclusive owner of the Content, except where and to such extent as it acts as the sublicensor as more fully set forth below. 

Client acquires no right to the Content beyond the nonexclusive, limited right to use such information and data solely for Client’s own internal purposes in accordance with this Agreement. Client shall have no right to allow any person or entity that is not an employee, contractor, or consultant of Client to access the Content, directly or indirectly in any way, and Client must at all times ensure that anyone with access to the Content via its system or credentials will comply with the provisions of this Agreement. Client will not sell, share, reproduce, copy, publish, translate or transfer possession of the Content in whole or in part.

PRICING and USERS

Absent contrary provision, the pricing of a license under this Agreement is based on use of the Content by only one (1) single User at a time. Client agrees and undertakes to promptly report to Pulse any use of the Content by any additional Users, and to pay to Pulse the applicable additional fees. Client acknowledges and agrees that use of the Content by any unlicensed or additional Users without such reporting to Pulse and payment of applicable fees is a violation of this Agreement and of the sublicenses hereunder, consents to any reasonable audit thereof and agrees to promptly pay any and all legal penalties associated therewith. Client agrees to indemnify and hold Pulse harmless for and against any penalties arising from its or its Users undisclosed, unlicensed or unauthorized access to or use of the Content.

ACCESS

A User may access and use the Content from one computer at any given time. This means that only one single User of Client is permitted to use the Content from any single computer at a time. If more than one User is able to simultaneously access the Content from a shared computer or network, each such User must either obtain their own individual license to use the Content under the Client’s account, or obtain their own individual Client subscription to the Content. The use of a single User’s credentials for simultaneous use by multiple individuals is not permitted hereunder and, without limiting Pulse’s recourses, is subject to the provisions of the preceding section of this Agreement.

No Client or User may:

  • Sublicense, loan, assign, or transfer the Content, their license, or any data or dataset produced by the Content to any person or third party;
  • Publicly display, share or otherwise make available the Content or any part thereof;
  • Create derivative works (including translations), transfer, sell, lease, license or otherwise make available to any unauthorized party a copy or portion of Content;
  • Use or access the Content on any public computer, system or network not owned by Client and located upon Client’s premises by a registered User with that User’s credentials;
  • Modify, reverse engineer, decompile, or disassemble the Content;
  • Scrape, record, copy or redisplay all or part of the Content, or otherwise contravene or exploit the Site’s intended functionality or workflow;
  • Use or access the Content for any purpose for which it was not specifically offered, nor create any derivative work based on the Content.

ACCURACY AND ERRORS

Client and its Users agree that neither Pulse nor any of its respective owners, officers, agents, directors, partners, and employees (hereinafter “Pulse Personnel”) shall be held responsible or liable for any actions taken by Client or its Users, nor for any error, inaccuracy, or omission in any dataset, analysis, calculation or report that Client access or prepares through use of the Content, nor for any damage (including, but not limited to consequential damages) resulting from same. 

Notwithstanding the foregoing, Client and User agree to deploy their best reasonable efforts to notify Pulse in writing of any known or suspected errors affecting the Content they may encounter. Pulse may in its sole discretion but is under no obligation to adjust, correct or modify the Content pursuant thereto.

LIMITED WARRANTY

Pulse warrants that the Content will perform substantially in accordance with the documentation on the Site. To the extent that the Content contains data or information Pulse has received from third parties, Pulse warrants only that the Content contains a reasonably accurate reproduction, distillation or summarization of the information that was delivered to or accessed by Pulse, as the case may be  Client and its Users acknowledge and accept that the Content is voluminous, complex, and subject to frequent modification and amendment. 

Except as expressly provided in this Agreement and to the fullest extent permitted under applicable law, Pulse DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND RELATING TO THE CONTENT, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF DAMAGES

To the fullest extent permitted under applicable law, neither Pulse, Pulse’s licensors nor Pulse Personnel shall be responsible or liable for any decision or action taken by Client or its Users as a result of Client’s use of the Content, nor for any error, inaccuracy, or omission in the Content or in any dataset, analysis, calculation or report that Client access or prepares through use of the Content, nor for any damage (including but not limited to consequential damages) resulting from same. 

In any event and notwithstanding any contrary provision or interpretation, any direct damages payable by Pulse or Pulse’s licensors or Pulse Personnel arising out of this Agreement shall not exceed the amount Client has paid or owes to Pulse under this Agreement in the year in which the cause of action arose to the moment of the facts giving rise to such claim. Under no circumstances will Pulse or Pulse’s licensors or Pulse Personnel be responsible under this Agreement or any legal theory for any indirect, incidental, special or consequential damages resulting from either party’s performance or failure to perform under this Agreement, including, without limitation, the use of or inability to timely access or use the Site or the Content, any damage to equipment and any cost of recovering lost data or of reprogramming. Pulse, Pulse’s licensors and Pulse Personnel do not warrant that the Content will meet Client’s requirements or that the operation of or access to the Site or the Content will be uninterrupted or without error.

IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, IN THE UNITED STATES, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF PULSE OR PULSE PERSONNEL HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCE WILL PULSE, PULSE’S LICENSORS OR PULSE PERSONNEL BE LIABLE IN ANY WAY FOR ANY CLIENT OR CLIENT’S USER’S USE OR INTERPRETATION OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN THE CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE CONTENT. PULSE, PULSE’S LICENSORS AND PULSE PERSONNEL SHALL HAVE NO LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND PULSE’S CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES OF WHATEVER NATURE, ACTS OF GOD, PANDEMIC, PUBLIC ENEMY, WAR, ACTS OF GOVERNMENT, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING CONTENT OR SERVICES.

THE PARTIES AGREE THAT THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

DAMAGES FOR LOST PROFITS ARE EXCLUDED REGARDLESS OF WHETHER THEY ARE CHARACTERIZED AS DIRECT OR CONSEQUENTIAL DAMAGES.

CLIENT’S LIABILITY

If Client or Client’s User causes a technical disruption of the Content or the Site, software or services or the systems transmitting them, or contravenes any provision of this Agreement, Client agrees to be responsible for any and all liabilities, costs and expenses (including attorneys’ fees) arising from that disruption, as such may be assessed by Pulse in its sole reasonable discretion.

COPYRIGHT, TRADEMARK AND CONFIDENTIALITY

Client acknowledges that the Content, including but not limited to the process and technologies it contains and employs, as well as all other information or materials made available to Client by Pulse, are valuable intellectual property, assets, trade secrets, and/or copyrighted material of Pulse and/or Pulse’s licensors, and that Pulse and its licensors at all times retain right and title to them. Under no circumstances may Client copy the Content or the accompanying documentation for the purposes of complete or partial distribution to others, nor may Client remove any copyright notice on the Content, the Site, or the accompanying documentation. Client agrees not to decompile, reverse engineer, extract, analyze, expose or otherwise attempt to discover the source code of the Content.

The Site employs various trademarks and service marks of Pulse. Client may not use or display such marks in any manner without the prior express written permission of Pulse. The Site also employs other trademarks and service marks that are the property of third parties, or are licensed to, or owned by Pulse. All of these trademarks and service marks are the property of their respective owners. Client agrees not to use or display them in any manner without the prior express written permission of the applicable trademark owner.

Without limiting the foregoing, the Site contains the following notice, which Client acknowledges:

CPT copyright 2021 American Medical Association. All rights reserved.

TERMINATION FOR BREACH

Client agrees that Pulse may access and inspect Client’s business records to investigate Client’s compliance with this Agreement. Pulse may terminate Client’s access to the Site and/or the Content at any time if Pulse believes that Client is in violation of this Agreement. This Agreement shall automatically terminate if Client fails to comply with any provision of this Agreement.

COOKIES

Pulse may employ a use of a cookie that collects traffic data to store temporary settings information on Users computers to facilitate a more efficient use of the Content.

PRIVACY

The Parties agree to the Privacy Policy located at https://pulse.app/privacy-policy/.

AMERICAN MEDICAL ASSOCIATION CURRENT PROCEDURAL TECHNOLOGY (CPT®) CODE TERMS

Pursuant to Pulse’s agreement with the American Medical Association (AMA), an End User is an individual, individual employee, or contractor of a Client who:

  • Accesses, uses or manipulates Current Procedural Terminology (CPT®) coding contained in the Content;
  • Accesses, uses, or manipulates the Content to produce or enable an output (data, reports or the like) that could not have been created without the CPT® embedded in the Content even though CPT® coding may not be visible or directly accessible; or who
  • Makes use of an output of the Content that relies on or could not have been created without the CPT® coding embedded in the Content even though CPT® coding may not be visible or directly accessible.


Data obtained from the Content may contain CPT® owned by the American Medical Association (AMA) and licensed to Pulse. The terms of this Section apply only to CPT® codes and related content.

  1. Licensed Content is copyrighted by the American Medical Association (“AMA”) and CPT® is a registered trademark of the AMA.
  2. Pulse, as a party to a license agreement with the AMA, is authorized to grant End User a limited, non-exclusive, non-transferable, non-sublicensable license for End User to use Licensed Content in Pulse’s Licensed Product(s), for the sole purpose of internal use by End User within the Territory (such latter as defined in the section on Export Control hereinbelow). Upon termination or expiration of the Agreement between Pulse and AMA, Pulse shall notify End User. End User shall continue to have the right to use Licensed Content in the Pulse’s Licensed Product(s) for the remainder of year of the then-current annual release (e.g., through the end of the applicable calendar year)(“End User Tail Period”). End User’s continued use of the Licensed Content during the End User Tail Period is subject to End User’s continued compliance with all its obligations under these terms. Upon the expiration of the End User Tail Period, the sublicense granted under these terms shall automatically terminate.  
  3. The provision of updated Licensed Content in the Licensed Product(s) is dependent on a continuing contractual relationship between Pulse and the AMA.
  4. End User is prohibited from making Licensed Content publicly available, creating derivative works (including translating), transferring, selling, leasing, licensing, or otherwise making available to any unauthorized party the Licensed Product(s), or a copy or portion of Licensed Content to any unauthorized party, including a subsidiary, affiliate, or other legal entity, however designated, for any purpose whatsoever except as expressly permitted in this Agreement.
  5. End User expressly acknowledges and agrees to the extent permitted by applicable law, use of the Licensed Content is at End User’s sole risk and the Licensed Content is provided “as is” without warranty of any kind. The AMA does not directly or indirectly practice medicine or dispense medical services. Fee schedules, relative value units, conversion factors and/or related components are not assigned by the AMA, are not part of CPT®, and the AMA is not recommending their use. The Licensed Content does not replace the AMA’s Current Procedural Terminology book or other appropriate coding authority. The coding information contained in the Licensed Content should be used only as a guide. 
  6. End User is required to keep records and submit reports including information necessary for the calculation of royalties payable to the AMA by Pulse, of the same type as required of Pulse under this Agreement. End User consents to the release of such information to the AMA. End User further agrees to provide, without delay, additional information that the AMA (as a third-party beneficiary) may reasonably request, to verify the information. Nothing herein shall require End User to submit or release information that would cause End User to be in violation of applicable federal or state privacy laws. 
  7. The following U.S. Government End Users notice shall be included:

    U.S. Government End Users. CPT® is commercial technical data, which was developed exclusively at private expense by the American Medical Association (AMA), 330 North Wabash Avenue, Chicago, Illinois 60611.  This agreement does not grant the Federal Government a direct license to use CPT® based on FAR 52.227-14 (Data Rights – General) and DFARS 252.227-7015 (Technical Data – Commercial Items). End User must ensure that anyone with authorized access to the Licensed Product(s) will comply with the provisions of the End User Agreement.
  8. AMA shall be named as a third-party beneficiary of the End User Agreement.
  9. End User expressly consents to the release of its name to the AMA.

THIRD PARTY SOFTWARE AGREEMENTS 

The Content may contain third party software, data, and/or tools, that if included by the Client in Client’s Subscription may require the Client to agree to that third party’s user agreements. These agreements will be displayed at time of checkout, and will require the Client’s agreement to proceed with that purchase selection.

USER ID AND SECURITY

Upon successful acceptance of this Agreement, payment of the fees and completion of the registration process, Pulse will provide Client’s registered Users with access to the Content on the Site. Client agrees to adhere to best security practices and in any event to prevent unauthorized use or disclosure of all access credentials provided by Pulse to it and its Users, and to protect the Site from improper access, against all of which Client undertakes and agrees to indemnify and hold Pulse harmless.

PAYMENT AND CANCELLATION OF SUBSCRIPTION SERVICES

  1. Client’s and its Users’ access to the Site and the Content shall be on a subscription basis, paid in advance on either a monthly or annual basis as described more fully below. Subscriptions must be set up with an approved electronic payment method and will be automatically charged on the day the original product was purchased by the Client. If payment is refused for any reason, Client will lose access to the Content until payment has been provided. 
  2. Subscriptions will be renewed automatically at the end of their current paid period either for an additional month in the case of monthly subscriptions, or an additional year for annual subscriptions.
  3. Cancellations
    • Clients who pay on a Monthly basis and who cancel their subscription in full or in part will have access to those products and accounts until the end of the current paid subscription period without proration to the end of the then-current period. No refunds will be issued for monthly accounts.
    • Clients with Annual subscriptions who cancel a product, or their account, will have access to those products and accounts until the end of the then-current subscription period without proration. No refund will be issued under any other circumstances not expressly described herein.
  4. Refunds. No refund will be given for any Monthly subscription accounts. Annual subscription accounts may only be cancelled within 30 days of initial payment and account activation. No refunds will be payable after the said 30 day period for any reason whatsoever. 
  5. Account Cancellation. It is solely up to the Client to cancel its account when and if the Client no longer wishes to continue to use the Content. Unless terminated at Pulse’s discretion for a violation of the terms of this Agreement, Pulse will not under any other circumstances deactivate a User’s access or a Client’s account without specifically being instructed to do so by the Client. A “Cancel Account” button is available to the Client in its account settings. If a Client wishes to cancel their account by any other method of communication, it is the Client’s sole responsibility to ensure that Pulse receives that communication and that the Client’s account is canceled accordingly. Pulse is under no obligation to refund any subscription payment due to Client’s failure to properly cancel their subscription.
EXPORT CONTROL

For the purposes of this Agreement, “Territory” is defined as the following: Algeria, Argentina, Australia, Bahamas, Bahrain, Belgium, Bermuda, Brazil, British Virgin Islands, Canada, Cayman Islands, Chile, China, Colombia, Costa Rica, Cyprus, Denmark, Dominican Republic, Ecuador, El Salvador, Finland, France, Germany, Guatemala, Hong Kong, India, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kenya, Republic of Korea (South Korea), Kuwait, Lebanon, Mexico, New Zealand, Nigeria, Norway, Pakistan, Panama, Peru, Philippines, Portugal, Qatar, Saudi Arabia, Singapore, South Africa, Spain, Sweden, Switzerland, Thailand, Tunisia, Turkey, United Arab Emirates, United Kingdom, and United States and its territories.

Countries may be added to the Territory upon written notice from Pulse  Pulse reserves the right to remove countries from the Territory (a) where trade is prohibited by U.S. law or regulation (e.g., export control or national security laws or regulations); or (b) when Pulse, in its reasonable judgment, determines that it cannot protect its copyright. If Pulse removes a country from the Territory due to a prohibition by U.S. law, it will immediately cease distributing the Content in that country, and thereafter will not provide existing Client in that country with any updates to the Content.

The Content and other materials from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Pulse does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Laws.

GENERAL TERMS

This Agreement constitutes the entire agreement between Client and Pulse with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. 

The Site and/or the Content may include links to other online sites or locations, some of which may be operated by Pulse and others of which by third parties. These links are provided as a convenience and as an additional avenue of access to the information contained therein. Pulse has not reviewed the information on other sites and is not responsible for the content of any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites and it is your responsibility to comply with such other terms and conditions.

These terms of use shall be construed in accordance with the laws of the State of Maine, without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of the State of Maine, acknowledge that venue is proper in any state or Federal court in the State of Maine, agree that any action related to these terms of use must be brought in a state or Federal court in the State of Maine, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. You further agree to submit any dispute to binding arbitration, if Pulse in its sole and absolute discretion elects to submit the dispute to binding arbitration. In such event, the binding arbitration proceedings shall be conducted in accordance with the rules of the American Arbitration Association in the State of Maine, and the decision rendered in arbitration may be submitted in any court in the State of Maine having jurisdiction. The cost of arbitration shall be borne by the party that does not prevail, unless it is determined in arbitration that the costs should be shared in some proportion by both parties. IF YOU DO NOT AGREE WITH THE TERMS OF THIS SECTION, THEN DO NOT USE THE CONTENT OR THE SITE.

No waiver by Pulse of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Statement effective as of January 10, 2023.