1. Who you're contracting with

SizePulse ("SizePulse," "we," "us," or "the Service") is currently operated as an early-stage startup, an individual based in Lausanne, Switzerland ("the Operator"), operating as a sole proprietorship (Einzelunternehmen) under Swiss law. SizePulse has not been incorporated as a separate legal entity (e.g., a GmbH or AG). Until it is, any agreement you enter into by using SizePulse is directly with the Operator, personally, and not with a corporate entity.

We intend to incorporate a company (likely a Swiss GmbH or AG) to operate SizePulse in the future. If and when that happens, these Terms — and any agreements formed under them — will transfer to that entity, and we will notify registered users of the change.

2. Early access / soft launch status

SizePulse is currently in an early access, invite-based soft launch. By using it, you acknowledge and agree that:

The Service is provided to a limited number of early adopters and testers for the purpose of evaluation and feedback, and is not a generally available commercial product.
Features, pricing, integrations, and functionality described on the website or in demos are subject to change without notice, and some advertised capabilities (e.g., certain integrations, SSO/SAML, formal SLAs, or compliance certifications) may be in progress or not yet fully implemented.
The Service may contain bugs, incomplete features, or downtime, and is provided on an "as is" and "as available" basis during this phase.
We may pause, modify, or discontinue the Service, or any part of it, at any time during the early access period, with reasonable notice where practical.

3. Eligibility and accounts

You must be at least 18 years old and have the authority to bind your organization (if applicable) to use SizePulse.
You are responsible for maintaining the confidentiality of your workspace credentials and for all activity under your account, and must not share login credentials between individuals.
You agree to provide accurate, current information when creating an account and to keep it up to date.
You are responsible for the actions of any Contributors you invite into your workspace, and for ensuring they comply with these Terms.
Workspaces are provisioned per company (e.g. yourcompany.backstage.sizepulse.com). You agree not to attempt to access another organization's workspace or data without authorization.

4. What SizePulse does

SizePulse provides a collaborative workspace for capturing, validating, and preserving the business assumptions, sizing metrics, and deal reasoning behind enterprise sales opportunities, including features that allow a vendor's sales/presales team and their prospective customer to contribute information into a shared or linked interface.

You understand that SizePulse is a tool to help organize and preserve this information — it does not provide financial, legal, tax, or investment advice, and does not guarantee any sales outcome, deal closure, or business result.

5. Acceptable use

You agree not to:

attempt to gain unauthorized access to the Service, other workspaces, or underlying infrastructure;
upload or transmit malware, or use the Service to conduct phishing, spamming, or similar abuse;
reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent this restriction is prohibited by applicable law;
scrape, systematically extract, or use automated means to access the Service without our prior written consent;
upload unlawful content, or content that infringes a third party's intellectual property or other rights;
use the Service in a way that could disable, overburden, or impair it, or interfere with other users' use of it.

We may suspend or terminate access for violations of this section, in accordance with Section 14 (Termination).

6. Free trial and fees

We currently offer a free trial period (as described on the pricing page) with no payment card required to start.
Any paid plans, pricing per "governed opportunity," or billing terms are as described on the Service's pricing page at the time you subscribe, typically denominated in CHF (with other currencies shown for convenience only). We reserve the right to change pricing for future terms, with notice before it affects you.
Because we operate as a sole proprietorship rather than an incorporated company, invoices will be issued in the name of [YOUR FULL NAME], and this will be disclosed clearly at checkout so it's clear who the payment is legally made to. Depending on annual turnover, invoices may or may not include Swiss VAT (MWST/TVA) — this will be reflected accurately once applicable (registration is generally required above CHF 100,000 in annual worldwide turnover).
Once paid plans are introduced, invoices will be due within [30] days of issue unless otherwise agreed in writing. Late payments may result in suspension of access after reasonable notice. If we make a billing error, we will correct it promptly upon notice from you.
At the end of a free trial, you may be given the option to subscribe to a paid plan or continue on a limited free tier, as described on the pricing page at the relevant time; any Customer Content associated with a trial that isn't converted may be subject to the deletion timeline in Section 13.

7. Your data and content

You retain ownership of the deal data, business assumptions, metrics, documents, and other content you or your invited contacts ("Contributors," including customer-side users you invite) submit into SizePulse ("Customer Content").
You grant us a limited license to host, process, and display Customer Content solely for the purpose of operating and improving the Service for you.
If you invite a third party (e.g., a prospect or customer contact) to fill in information via a secure link, you are responsible for having the appropriate basis and permission to invite them and to process their input.
Processing of personal data submitted through the Service is additionally governed by our [Privacy Policy], which forms part of these Terms.
Data protection status: As the Operator is based in Switzerland, personal data processed through SizePulse is handled in accordance with the Swiss Federal Act on Data Protection (revised FADP/nDSG, in force since September 2023). Where Customer Content includes personal data of individuals located in the EU/EEA, the EU GDPR may also apply to that data, and we are working toward aligning our practices with it. During this early access phase, we do not yet offer a signed Data Processing Agreement (DPA) or formal compliance certification under either framework. Please avoid submitting highly sensitive personal data (e.g., special-category personal data under the FADP, such as health, religious, or biometric data) into the Service at this stage, and contact us if your organization requires a DPA before onboarding.
Cross-border transfers: our hosting and service providers may be located outside Switzerland and the EU/EEA, including in the United States. Where required, we rely on recognized safeguards for such transfers (e.g., Standard Contractual Clauses or transfers to jurisdictions recognized as offering adequate protection) — see the Privacy Policy for current details.
Security: we implement reasonable technical and organizational security measures appropriate to our current stage (e.g., encrypted connections, access controls). We do not yet hold formal security certifications (e.g., SOC 2, ISO 27001) during this early access phase.
We do not sell Customer Content to third parties.

8. Feedback

As an early adopter, you may provide suggestions, bug reports, or feedback about SizePulse. You agree that we may use this feedback to improve the Service without any obligation or compensation to you, and without attributing it to you unless you ask us to.

9. Intellectual property

SizePulse's software, design, branding, and underlying technology are owned by the Operator (and, upon incorporation, will transfer to the incorporated entity). Nothing in these Terms transfers any of our intellectual property rights to you, other than the limited right to use the Service as intended. You agree not to copy, resell, sublicense, or create derivative works from the Service except as expressly permitted.

If the Service includes open-source components, applicable license notices will be made available at [LINK/LOCATION], and those licenses govern the relevant components to the extent they apply.

10. Confidentiality

Deal data, business assumptions, and sizing metrics stored in a workspace are treated as confidential information belonging to the workspace owner ("Confidential Information"). The Operator agrees to:

use Confidential Information only to operate, maintain, and improve the Service for you;
not disclose Confidential Information to other customers or unrelated third parties, except as required by law or valid legal process;
restrict access to Confidential Information to those who need it to operate the Service; and
require any sub-processors or service providers who may access Confidential Information to be bound by confidentiality obligations at least as protective as those in this section.

This section does not apply to information that is or becomes publicly available through no fault of the Operator, or that the Operator already lawfully held without confidentiality restrictions.

11. No warranty

Because SizePulse is in early access, the Service is provided "as is" and "as available," to the fullest extent permitted under Swiss law, without warranties of any kind, whether express or implied, including any warranty of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted/error-free operation. We do not guarantee any specific uptime, response time, or data recovery commitment during the early access phase, regardless of any target figures referenced in marketing materials, which are aspirational goals rather than contractual guarantees at this stage.

12. Limitation of liability

To the extent permitted under Swiss law (in particular Article 100 of the Swiss Code of Obligations):

The Operator's total liability arising out of or related to your use of SizePulse will not exceed the greater of (a) the amount you paid us in the three (3) months preceding the claim, or (b) CHF 100.
The Operator will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost deals, or loss of business data, even if advised of the possibility of such damages.
The Operator is not liable for delays or failures caused by events outside its reasonable control, including internet or hosting-provider outages, third-party service failures, power outages, natural events, war, or government action (see Section 18, Force Majeure).
This limitation applies only to slight (ordinary) negligence. Under Swiss law, liability for gross negligence, willful misconduct (intent), or unlawful instructions given to auxiliary persons cannot be validly excluded or limited in advance, and nothing in these Terms limits liability in those cases, or for death or personal injury.

13. Indemnification

You agree to indemnify and hold the Operator harmless from third-party claims directly arising out of: (a) your violation of these Terms; (b) Customer Content that infringes a third party's intellectual property or other rights or violates applicable law; or (c) your misuse of the Service, in each case to the extent permitted by applicable law.

14. Termination

You may stop using SizePulse and request deletion of your workspace data at any time by contacting us at hi [ @ ] communication.sizepulse.com.
We may suspend access immediately, without prior notice, where reasonably necessary to prevent harm to the Service, other users, or third parties (e.g., suspected security breach, abuse, or illegal activity), and will notify you as soon as practicable.
In other cases, we may suspend or terminate access to the Service — particularly during this early access phase — if you violate these Terms or misuse the Service, or if we discontinue the early access program, with reasonable notice and an opportunity to export your Customer Content where practical.
Upon termination, you may request an export of your Customer Content within [30] days. After that period, we will delete or anonymize Customer Content within a reasonable time, except data retained in routine backups (deleted on our normal backup rotation cycle, currently up to [90] days) or as required by law.
Sections covering Confidentiality, Intellectual Property, Limitation of Liability, Indemnification, and Governing Law survive termination of these Terms.

15. Changes to these terms

We may update these Terms from time to time as SizePulse evolves during early access. For material changes, we will provide reasonable advance notice (e.g., at least [30] days, where practical) by posting the update here with a new "Last updated" date and, where we have your contact details, by email. Continued use of the Service after a change takes effect constitutes acceptance of the updated Terms, except where mandatory law requires your express consent to a specific change (e.g., certain data processing changes), in which case we will seek that consent separately.

16. Governing law

These Terms are governed by substantive Swiss law, excluding its conflict-of-law rules and excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Any disputes arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the ordinary courts at the Operator's place of business/domicile in [CITY], Switzerland, unless a mandatory consumer-protection venue applies (e.g., for consumers based elsewhere, whose local mandatory rules may give them the right to bring proceedings in their own country of residence).

17. General provisions

Entire agreement. These Terms (together with the Privacy Policy and any order form or plan description you accept) constitute the entire agreement between you and the Operator regarding the Service, and supersede any prior discussions or agreements on the same subject.
Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be construed to reflect the parties' original intent as closely as possible.
Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or transfer of substantially all our assets relating to the Service (including a future incorporation), including to the entity described in Section 1.
Notices. We may send you notices under these Terms by email to the address associated with your account; such notices are deemed received when sent, absent evidence of non-delivery. You may send notices to us at hi [ @ ] communication.sizepulse.com.
No waiver. Failure to enforce any provision of these Terms is not a waiver of our right to do so later.

18. Force majeure

The Operator is not liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including but not limited to hosting or internet infrastructure outages, third-party service provider failures, power failures, natural disasters, pandemics, war, or governmental action.

19. Contact

Questions about these Terms can be sent to hi [ @ ] communication.sizepulse.com.

SizePulse is currently an early-stage, pre-incorporation project. These Terms will be updated once the operating entity is formally incorporated.

Terms and conditions