Terms of Service

Effective Date: May 13, 2026  ·  Version 8.4

1. Overview & Acceptance

These Terms of Service (“Terms”) are a binding legal agreement between you (“User,” “you,” or “your”) and Emmber, Inc., a Delaware corporation qualified to do business in the State of Florida, which operates the Pluse platform at pluse.to and the Pluse iOS application available on the Apple App Store (“Emmber,” “Pluse,” “we,” “us,” or “our”). These Terms govern your access to and use of the Pluse platform, the Pluse iOS application, any other mobile applications, APIs, and all related services (collectively, the “Service”).

“Pluse” is the consumer brand and product name under which Emmber, Inc. provides the Service; “Emmber, Inc.” is the legal entity. References in these Terms to either “Emmber” or “Pluse” identify the same legal entity. Trademarks identified as “Pluse™” or “Lux™” are owned by, and (when registered) will be filed in the name of, Emmber, Inc.

By creating an account, clicking “I Agree,” or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Data Processing Agreement, each of which is incorporated herein by reference.

If you are using the Service on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms, and “you” refers to both you individually and that entity.

If you do not agree to these Terms, do not create an account or use the Service.

Key Definitions

For the purposes of these Terms, the following definitions apply:

“Pluse IP” means all intellectual property owned by or licensed to Emmber, Inc., including but not limited to: the Service and its underlying technology; all source code, object code, software, algorithms, machine learning models, training data, neural network architectures, and weights; trade secrets, proprietary methodologies, processes, and know-how; trademarks, service marks, trade dress, logos, and brand elements; patents and patent applications; copyrights in the Service, documentation, and all derivative works thereof; and any and all improvements, modifications, enhancements, or derivative works of the foregoing, regardless of who conceives or develops them in connection with the Service.

“User Content” means any data, text, prompts, images, files, invoices, client records, financial data, time entries, or other materials that you upload, input, submit, or transmit to or through the Service. User Content includes “Your Data” as used throughout these Terms and the Privacy Policy. The terms “User Content” and “Your Data” are used interchangeably and carry the same meaning in both this document and the Privacy Policy.

“Output” means any content, results, data, analyses, reports, suggestions, or other materials generated by the Service — including output from the Lux AI assistant — in response to User Content or your use of the Service.

“Confidential Information” means any non-public information disclosed by Pluse in connection with the Service, including but not limited to technical specifications, business plans, product roadmaps, pricing, algorithms, source code, training methodologies, and customer data. The full scope and obligations regarding Confidential Information are set forth in Section 8.22.

“Authorized User” means any individual who is granted access to the Service under your account, including employees and team members added through Pluse’s multi-user features.

“Data Processing Agreement” or “DPA” means the data processing agreement published at pluse.to/legal/dpa, which governs Pluse’s processing of personal data on your behalf and is incorporated herein by reference.

2. Eligibility

To use the Service, you must:

• Be at least 18 years of age;
• Have the legal capacity to enter into a binding contract under applicable law;
• Be operating a lawful business or be duly authorized to act on behalf of one;
• Not be a person barred from using the Service under the laws of the United States or any other applicable jurisdiction;
• Not be on any U.S. government sanctions list (e.g., OFAC SDN List); and
• Provide accurate, complete, and current registration information.

Pluse is intended for business use. The Service is designed for business owners, freelancers, independent contractors, and professionals to manage their business operations. You agree that your use of the Service is for business, commercial, or professional purposes.

3. Account Registration & Security

You must register an account to access most features of the Service. You agree to provide accurate and complete information and to keep it updated. You are solely responsible for:

• Maintaining the confidentiality of your login credentials;
• All activities that occur under your account, whether authorized by you or not;
• Immediately notifying us at support@pluse.to if you suspect unauthorized access or a security breach.

We will not be liable for any loss or damage resulting from your failure to maintain the security of your account. We reserve the right to suspend or terminate accounts that violate these Terms, contain fraudulent information, or are used for unlawful purposes, with or without prior notice.

4. Subscription Plans & Billing

4.1 Free Plan

Pluse offers a free plan with limited features. No payment method is required for the free plan.

4.2 Paid Subscriptions — Auto-Renewal Disclosure

By subscribing to a paid plan, you authorize Pluse to charge your payment method on each billing cycle without further authorization from you. You can cancel at any time in Settings → Billing. Cancellation takes effect at the end of your current paid period; you will not receive a refund for the remaining period (see Section 6).

Pre-Renewal Notification. For annual subscriptions, Pluse will send you a renewal reminder via email no fewer than five (5) and no more than thirty (30) calendar days before your renewal date, disclosing the renewal charge amount, the date the charge will occur, and instructions for canceling. For monthly subscriptions, this information is provided in your subscription confirmation email and is accessible at any time in Settings → Billing.

Cancellation. You may cancel your subscription at any time through the same medium used to subscribe: (a) if you subscribed through the Pluse website or web application, you may cancel at Settings → Billing on the website; (b) if you subscribed through the iOS application via Apple’s In-App Purchase, you may cancel through your Apple ID Account Settings. Cancellation will be confirmed by email. No telephone call, letter, or in-person visit is required to cancel.

Total Price. The subscription price displayed at the time of purchase is the total recurring charge, inclusive of all Payment Processing fees (exclusive of applicable taxes). No additional mandatory fees will be assessed beyond the displayed subscription price. Applicable taxes, if any, are itemized separately at checkout.

California residents: The above automatic renewal terms are disclosed pursuant to the California Automatic Renewal Law (Business & Professions Code §§ 17600–17606). You may cancel at any time to avoid future charges.

Massachusetts residents: The above terms comply with 940 CMR 38.05 (Recurring Fees and Trial Offers). You may cancel at any time using the simple cancellation mechanism described above.

4.3 iOS App Store Subscriptions

If you subscribe to a paid plan through the Pluse iOS application via Apple’s In-App Purchase system, the following additional terms apply:

• Payment will be charged to your Apple ID account at confirmation of purchase;
• Your subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current billing period;
• You may manage your subscription and turn off auto-renewal in your Apple ID Account Settings;
• Any unused portion of a free trial, if offered, will be forfeited when you purchase a subscription;
• Subscription prices are set in accordance with Apple’s pricing tiers and may vary by region.

Apple is not a party to these Terms and is not responsible for the Service or its content. To the extent required by the Apple Media Services Terms and Conditions, Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

For subscriptions purchased through the App Store, Apple’s refund policies apply in lieu of Section 6.1 of these Terms. All other provisions of these Terms apply regardless of where the subscription was purchased.

4.4 Plan Changes

You may upgrade or downgrade your plan at any time through Settings. Upgrades take effect immediately (with prorated charge); downgrades take effect at the start of the next billing cycle.

4.5 Failed Payments

If a payment fails, we may retry the charge and/or suspend access to paid features until payment is received. We will notify you of failed payments via the email on your account.

4.6 Taxes on Subscription Fees

Subscription fees are exclusive of all applicable taxes. You are responsible for all taxes associated with your purchase, except for taxes on Pluse’s net income. Where required by law, Pluse may collect and remit applicable taxes on your behalf.

4.7 Your Responsibility for Sales Tax on Customer Transactions

Pluse is a business management tool, not a tax compliance service. Pluse does not determine, calculate, collect, or remit sales tax, use tax, VAT, GST, or any other transaction tax on your behalf in connection with sales or invoices you issue to your customers.

You are solely responsible for:

• Determining whether you are required to collect sales tax or other transaction taxes from your customers under applicable federal, state, local, and international law;
• Registering with the appropriate tax authorities in any jurisdiction where you have nexus or a collection obligation;
• Calculating the correct tax rate(s) for each transaction;
• Collecting the appropriate tax from your customers;
• Remitting collected taxes to the appropriate tax authorities on time; and
• Filing all required tax returns and maintaining records as required by law.

Any tax rate you configure in Pluse (such as a default tax rate applied to invoices or sales) is set entirely by you. Pluse applies that rate as a convenience — it does not validate whether the rate is correct for any particular transaction, customer location, product type, or jurisdiction. Pluse makes no representation that the tax rate you have configured is legally accurate or sufficient.

Pluse expressly disclaims all liability for any failure to collect, remit, or accurately calculate taxes on your customer transactions, including any penalties, interest, audits, or assessments resulting from your tax obligations. You should consult a qualified tax professional or CPA to determine your obligations.

5. Payment Processing Fees

5.1 Payment Processor

Pluse uses Stripe, Inc. as its third-party payment processor. When your customers pay invoices through Pluse’s payment links, the transaction is processed by Stripe under Stripe’s own terms. By enabling payment collection through Pluse, you agree to the Stripe Services Agreement and the Stripe Connected Account Agreement, as applicable.

5.2 Payment Processing Fee Details

The Payment Processing fee is a percentage-based charge by Pluse for platform infrastructure, payment facilitation, and service costs. The rate depends on your subscription tier:

• Free: 2.9% (subject to the Transition Period for grandfathered accounts described below)
• Pro: 1.5%
• Crew: 0.5%
• MAX: 0%

When a non-zero fee applies, it is:

• Deducted from the business owner’s Stripe payout as an application fee;
• Not charged separately to the payer (your customer);
• Separate from and in addition to Stripe’s standard processing fees; and
• Subject to the refund provisions in Section 6.3.

Free-tier Transition Period. Free-tier accounts created on or before May 5, 2026 continue to be charged a 0% Payment Processing fee through June 4, 2026 (the “Transition Period”). On June 5, 2026, the 2.9% Free-tier rate will apply to all Free-tier accounts, including grandfathered accounts. New Free-tier signups on or after May 5, 2026 are subject to the 2.9% rate immediately, except that Pluse may, at its sole discretion, also extend the Transition Period to such signups. To preserve a lower fee, eligible users may upgrade to a paid tier at any time during the Transition Period.

We reserve the right to modify the Payment Processing fee with at least 30 days’ prior written notice to active users. Changes will not apply to invoices already sent at the time the change takes effect.

5.3 Stripe Processing Fees

Standard Stripe payment processing fees are charged by Stripe separately, are not collected by or paid to Pluse, and are subject to Stripe’s pricing terms in effect at the time of the transaction. Stripe’s published rates vary by payment method, card region (domestic vs. international), presentation (online vs. in-person), payout type (standard vs. instant), and dispute outcome — categories include, without limitation, U.S. online card payments, international card payments, currency conversion, ACH Direct Debit, Stripe Terminal and Tap to Pay (card-present) transactions, instant payouts, and disputes/chargebacks. As of the Effective Date of this version, Stripe’s headline rate for standard U.S. online card payments is 2.9% + $0.30 per transaction; this figure is illustrative only and is not a complete statement of Stripe’s pricing. For the complete and current Stripe fee schedule, see stripe.com/pricing and your Stripe Dashboard. Stripe’s charges are governed by the Stripe Services Agreement and the Stripe Connected Account Agreement referenced in Section 5.1, not by these Terms.

5.4 Payouts

Invoice payment funds are deposited to your connected Stripe account and paid out to your bank account per Stripe’s standard payout schedule. Pluse does not hold, custody, or control your funds.

5.5 Regulatory Status

Pluse is not a money transmitter, money services business, or payment facilitator as defined under federal or state law. Pluse is a software platform that facilitates the creation and delivery of invoices and provides a technology integration with Stripe, Inc. — a licensed money transmitter and registered payment facilitator — to enable payment processing. All payment transactions are initiated, processed, settled, and paid out by Stripe. At no point does Pluse receive, hold, pool, transmit, or exercise control over user funds or customer payment funds. The Payment Processing fee described in Section 5.2 is a software service fee collected by Stripe on Pluse’s behalf as an application fee and does not constitute money transmission.

To the extent applicable, Pluse operates within the agent-of-the-payee exemption under the Massachusetts Money Transmission Modernization Act (M.G.L. c. 169B, § 2(a)(ii)), the payment processor exemption under FinCEN guidance (FIN-2013-R002), and equivalent exemptions under the money transmission laws of each state in which the Service operates.

5.6 Financial Data Accuracy & Source of Truth

Pluse displays financial totals (including but not limited to revenue, sales, payments received, outstanding balances, expenses, and related aggregate figures) derived from records stored in your Pluse account. These displayed totals are provided for operational convenience and are not a system of record for tax, accounting, legal, or audit purposes.

Stripe-processed transactions. For any transaction processed through Stripe (including, without limitation, online invoice payments, Quick Charge payment links, and Stripe Terminal in-person payments), the authoritative record is your Stripe Dashboard and Stripe’s underlying transaction ledger. Totals shown in Pluse for such transactions are a best-effort reflection of Stripe’s records and may briefly lag the authoritative source due to webhook delivery timing, network latency, reconciliation delays, display-refresh intervals, or cached browser state. Pluse provides a “Reconcile with Stripe” tool under Settings › Payments that compares your Pluse records against Stripe; any discrepancy identified by that tool or otherwise must be resolved against the Stripe record.

User-entered transactions. For transactions recorded manually in Pluse — including cash, check, bank transfer, manual card entry, historical imports, and any other entry not processed through Stripe — the authoritative record is the entry you made in Pluse. You are responsible for the accuracy, timeliness, and completeness of manually entered data.

Your reconciliation responsibility. You are solely responsible for reconciling the financial information shown in Pluse against your Stripe Dashboard, bank statements, tax records, and any other authoritative source you rely on. Pluse makes no representation or warranty that any displayed total is exact, real-time, or suitable for any particular purpose. All displayed totals are provided “as is” without warranty of real-time accuracy. To the maximum extent permitted by applicable law, Pluse shall have no liability for any decision, report, filing, or transaction made in reliance on a displayed total that differs from the authoritative source described in this Section 5.6.

6. Refund Policy

6.1 Subscription Fees

Subscription fees are non-refundable except as required by applicable law or as expressly stated in these Terms. If you cancel a paid subscription, you retain access to paid features until the end of your current billing period. No partial-period refunds are issued. For subscriptions purchased through the Apple App Store, Apple’s refund policies apply.

6.2 Invoice Payment Refunds

Refunds for payments made on invoices you issue are a matter between you (the business) and your customer. Pluse provides tools to initiate refunds through Stripe, but Pluse makes no refund decisions on your behalf and assumes no liability for disputes between you and your customers.

6.3 Payment Processing Fee Refunds

If the underlying invoice payment is refunded in full within sixty (60) calendar days of the original transaction date, the Payment Processing fee for that transaction will be automatically refunded to you. For full refunds processed after sixty (60) calendar days, Pluse may, at its sole discretion, refund the Payment Processing fee. Partial refunds of the underlying payment do not entitle you to a partial refund of the Payment Processing fee.

7. Your Responsibilities & Prohibited Uses

7.1 Your Responsibilities

You agree to:

• Provide accurate, truthful business and financial information;
• Comply with all applicable federal, state, and local laws, including tax, employment, and consumer protection laws;
• Be solely responsible for the accuracy of all invoices, financial reports, and data you create through the Service;
• Maintain appropriate records as required by law;
• Obtain any necessary consents before submitting third-party personal data (e.g., employee or customer information) to the Service; and
• Keep your contact and billing information current.

7.2 Prohibited Uses

You agree not to use the Service to:

• Violate any law, regulation, or third-party right;
• Submit false, misleading, or fraudulent invoices or information;
• Invoice for illegal goods, services, or activities;
• Process payments for businesses or activities prohibited by Stripe’s terms (e.g., gambling, weapons, controlled substances);
• Engage in money laundering, fraud, or any other financial crime;
• Attempt to reverse engineer, decompile, or extract source code from the Service;
• Use automated scraping, bots, or crawlers without our written consent;
• Introduce malware, viruses, or malicious code;
• Circumvent any security or access controls;
• Resell, sublicense, or commercially exploit the Service without written authorization; or
• Harass, impersonate, or harm any person.

7.3 Lux AI Acceptable Use

In addition to the general prohibited uses above, you agree not to use the Lux AI assistant to:

• Submit third-party confidential or proprietary information that you do not have authorization to process;
• Generate or solicit content intended to defraud, mislead, or deceive any person, including fraudulent financial projections, fabricated business records, or misleading investor materials;
• Generate tax evasion strategies, money laundering schemes, or other content designed to evade legal obligations;
• Use Lux output as a substitute for licensed professional advice (including legal, accounting, tax, or financial advisory services) without independent verification by a qualified professional;
• Attempt to extract, reconstruct, or reverse-engineer Lux’s underlying models, prompts, training data, or system architecture through adversarial prompting or systematic querying; or
• Use Lux output to train, fine-tune, or improve any third-party artificial intelligence or machine learning model.

7.4 Non-Circumvention

You agree not to circumvent, avoid, or bypass, directly or indirectly, any contractual obligation under these Terms, including but not limited to Pluse’s intellectual property rights, licensing restrictions, or fee obligations. This includes engaging with Pluse’s customers, partners, or technology independently to avoid obligations owed to Pluse.

We reserve the right to investigate suspected violations and to suspend or terminate accounts and report activity to law enforcement without prior notice.

8. Intellectual Property

8.1 Software Ownership & Copyright

All software comprising the Service — including the Pluse iOS application distributed via the Apple App Store, the web platform at pluse.to, source code, object code, APIs, algorithms, data models, database schemas, documentation, user interface designs, and visual elements — is the exclusive property of Emmber, Inc. and is protected under the United States Copyright Act (17 U.S.C. § 101 et seq.) and applicable international copyright treaties, including the Berne Convention for the Protection of Literary and Artistic Works, the WIPO Copyright Treaty, the TRIPS Agreement, and the Paris Convention for the Protection of Industrial Property.

© 2024–2026 Emmber, Inc. All rights reserved. The Service is licensed, not sold. Nothing in these Terms transfers ownership of any Emmber intellectual property to you or any third party.

8.2 Trademarks

You may not use any Pluse Mark without prior written permission, except for nominative fair use (e.g., “integrates with Pluse”) that does not imply endorsement. You may not incorporate any Pluse Mark into your own trademarks, domain names, or social media handles, or register any confusingly similar mark. All other trademarks appearing on the Service (including QuickBooks®, Stripe®, Apple®, and Google™) are the property of their respective owners.

8.3 Patents & Trade Secrets

The Service contains proprietary algorithms, methodologies, and business logic that constitute trade secrets of Emmber, Inc., including but not limited to:

• The Pluse™ — Pluse’s proprietary business health scoring algorithm, including its data inputs, weighting methodology, and predictive models
• Lux™ AI Architecture — The prompt engineering, system design, business-domain tuning, and conversational intelligence underlying the Lux AI assistant
• Data Processing Pipelines — Proprietary methods for processing, normalizing, and analyzing business financial data

These trade secrets are protected under the Defend Trade Secrets Act of 2016 (18 U.S.C. § 1836 et seq.) and the Delaware Uniform Trade Secrets Act (6 Del. C. § 2001 et seq.). You agree not to attempt to discover, derive, reverse-engineer, decompile, or otherwise extract any trade secrets from the Service. Pluse reserves all rights to seek patent protection for its innovations.

8.4 Your Data

You retain full ownership of all data, content, and information you upload to or create through the Service (“Your Data”), including invoices, client records, financial data, time entries, and uploaded files. You grant Pluse a limited, non-exclusive, worldwide, royalty-free license to process, store, transmit, and display Your Data solely to the extent necessary to provide the Service. This license terminates when your account is closed, except as required for legal retention obligations.

Pluse may create aggregated, de-identified, or anonymized data derived from Your Data (“Aggregated Data”). Aggregated Data does not identify you or any individual user and may be used by Pluse for analytics, benchmarking, and product improvement.

8.5 License Grant to Users

Subject to your compliance with these Terms, Pluse grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your business purposes during your active subscription period.

8.6 License Limitations

Your license does not include the right to:

• Sublicense, sell, resell, transfer, assign, or distribute the Service
• Create derivative works based on the Service or any portion thereof
• Use the Service to develop a competing product or service
• Reverse engineer, decompile, disassemble, or extract source code or algorithms from the Service
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Use automated tools (bots, scrapers, crawlers) to extract content or data from the Service
• Frame, mirror, or replicate any portion of the Service on another site or device
• Use the output of the Lux AI assistant to train or improve other AI or machine learning models
• Access the Service for benchmarking or competitive analysis without prior written consent

8.7 Third-Party Intellectual Property & Attributions

Inclusion of third-party components does not imply endorsement by or affiliation with their creators. Complete open-source license texts are available upon request at support@pluse.to.

8.8 DMCA / Copyright Infringement Reporting

In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), Pluse has designated an agent to receive copyright infringement notifications. Your notice must include: (1) a signature of the copyright owner or authorized agent; (2) identification of the copyrighted work; (3) identification and location of the infringing material; (4) your contact information; (5) a good faith belief statement; and (6) a statement of accuracy under penalty of perjury.

Send DMCA notices to: legal@pluse.to with subject “DMCA Notice.” Counter-notifications may be submitted to the same address. Pluse will terminate accounts of repeat infringers in appropriate circumstances.

8.9 Restrictions

In addition to the restrictions in Section 7 (Prohibited Uses) and Section 8.6 above, you agree not to circumvent, disable, or interfere with any security, access control, or technical protection measures of the Service. Unauthorized use of Pluse’s intellectual property may result in immediate account termination without notice or refund, and Pluse reserves the right to seek injunctive relief, actual and statutory damages, and attorneys’ fees.

8.10 International IP Protections

Pluse’s intellectual property is protected under U.S. law and the following international treaties: the Berne Convention, the TRIPS Agreement, the WIPO Copyright Treaty, the WIPO Performances and Phonograms Treaty, the Paris Convention, and the Madrid Protocol. Users outside the United States acknowledge that U.S. intellectual property laws govern the Service.

8.11 AI-Generated Content (Lux Output)

The Lux AI assistant generates text, suggestions, insights, and other output (“Lux Output”) in response to your queries and business data. You acknowledge and agree that:

a) License to Use Lux Output. Lux Output is licensed to you for your business purposes, including use in client-facing communications, proposals, reports, deliverables, and business decision-making. You do not acquire exclusive ownership of any Lux Output. For the avoidance of doubt, “business purposes” includes any use in the ordinary course of operating your business, communicating with clients and customers, and creating business deliverables.

b) Pluse’s Retained Rights. Pluse retains all rights, title, and interest in the underlying AI models, algorithms, prompt engineering, training methodologies, and system architecture that produce Lux Output.

c) Non-Uniqueness. Lux Output is generated algorithmically and may be similar or identical to output provided to other users. Pluse makes no guarantee that Lux Output is unique to you.

d) AI Training Practices.

• Your business data (Your Data) is never used to train or fine-tune Lux’s underlying AI models. Your invoices, client records, financial data, and the specific content of your Lux conversations are not used as training data.
• Pluse may use anonymized, aggregated interaction metadata — meaning statistical patterns such as feature usage frequency, query category distribution, average conversation length, and error rates — to monitor Service performance, improve Lux’s capabilities, and develop new features. This metadata does not contain your business data, the content of your prompts, or identifiable information.
• You may request additional details about Pluse’s AI training practices by contacting legal@pluse.to.

e) Professional Representation. You may not represent Lux Output as the work of a human professional (e.g., a licensed accountant, attorney, or financial advisor) or remove any attribution indicating the output was AI-generated.

f) No IP Warranty for Output. Pluse makes no representation or warranty that Output does not infringe, misappropriate, or violate any third-party intellectual property rights. You are solely responsible for evaluating and verifying the originality and non-infringing nature of any Output before using it in your business operations.

g) Prohibition on AI Model Training. You may not use Lux Output to train, fine-tune, benchmark, or improve any third-party artificial intelligence or machine learning model.

8.12 User Content Display License

In the course of providing the Service, Pluse displays content you create or upload — including your business name, logo, branding, product and service descriptions, invoice line items, and contact information — to your end customers and other third parties through invoice payment pages, email notifications, shared reports, and other Service features.

You grant Pluse a non-exclusive, royalty-free, worldwide license to display, format, resize, transmit, and render your content as necessary to provide these features. This license is limited solely to operating the Service on your behalf and terminates when your account is closed, except as required for legal retention obligations or to fulfill pending transactions.

8.13 Data Portability & Export

You have the right to export Your Data from the Service at any time during your active subscription. Pluse provides export functionality within the platform for invoices, client records, time entries, expenses, and other business data in standard formats (e.g., CSV, PDF).

Upon account termination or cancellation, you may request a full data export by contacting support@pluse.to within thirty (30) days of termination (“Export Window”). After the Export Window, self-service data export is no longer available.

Continued Access Rights Under Applicable Law. Notwithstanding the expiration of the Export Window, if you are entitled to access your personal data under applicable privacy law (including the CCPA/CPRA, GDPR, Florida DPSA, or other applicable data protection law), you may submit a data subject access request at any time during the applicable data retention period described in the Privacy Policy. Such requests will be processed in accordance with the Privacy Policy and applicable law, may require identity verification, and may be fulfilled in a format different from the self-service export.

Pluse may permanently delete Your Data after the applicable retention periods set forth in the Privacy Policy have expired. Pluse is not obligated to maintain Your Data beyond those periods.

8.14 Beta & Pre-Release Features

Pluse may, from time to time, offer beta, preview, early access, or pre-release features (“Beta Features”). If you choose to use Beta Features, you acknowledge and agree that:

• Beta Features are provided “as is” and “as available” without any warranty of any kind, including warranties of reliability, accuracy, or fitness for a particular purpose;
• Pluse may modify, suspend, or permanently discontinue any Beta Feature at any time, with or without notice, and without liability to you;
• Beta Features may contain bugs, errors, or incomplete functionality that could cause data loss or service interruption;
• To the extent commercially reasonable and not otherwise publicly disclosed by Pluse, you agree to treat the existence, functionality, and details of Beta Features as confidential information of Pluse; and
• Any feedback, bug reports, or suggestions you provide regarding Beta Features are governed by Section 9 (Feedback) of these Terms.

8.15 User-Uploaded Media

You may upload media files to the Service, including but not limited to business logos, profile photos, document attachments, and images (“Uploaded Media”). You retain full ownership of all Uploaded Media. By uploading media to the Service, you:

• Grant Pluse a non-exclusive, royalty-free license to store, process, display, resize, format, and transmit Uploaded Media as reasonably necessary to provide the Service, including displaying your logo on invoices, payment pages, and other customer-facing features;
• Represent and warrant that you own or have obtained all necessary rights, licenses, and permissions for any media you upload, and that such media does not infringe any third-party intellectual property rights, privacy rights, or other legal rights; and
• Acknowledge that Pluse may remove or disable access to Uploaded Media that violates these Terms, infringes third-party rights, or is otherwise objectionable, without prior notice.

This license terminates when you delete the media or close your account, except where copies are retained as part of routine backups or as required by law.

8.16 Sole Ownership Declaration

All intellectual property embodied in or related to the Service — including without limitation all software source code, object code, compiled binaries, algorithms, data models, database schemas, APIs, system architecture, user interface designs, visual elements, documentation, training data, AI models, prompt engineering, business logic, and all improvements, modifications, enhancements, and derivative works thereof — is and shall remain the sole and exclusive property of Emmber, Inc. This ownership vests immediately upon creation and applies regardless of who conceives, creates, develops, or contributes to the work.

Nothing in these Terms, or in any course of dealing, usage of trade, or communications between you and Pluse, transfers or conveys any ownership interest in Pluse’s intellectual property to you or any third party, except for the limited license expressly granted in Section 8.5. All rights not expressly granted herein are reserved by Pluse.

8.17 Work Made for Hire & Assignment

To the extent that any work, contribution, code, design, improvement, or other material is created by any employee, contractor, or agent of Pluse, or by any person acting under a written contributor agreement with Pluse, in connection with the development, improvement, or maintenance of the Service (collectively, “Contributions”), such Contributions are intended to be and shall be deemed “works made for hire” as defined in 17 U.S.C. § 101 of the United States Copyright Act, with Pluse as the author and owner of all rights therein.

To the extent that any Contribution does not qualify as a work made for hire under applicable law, the contributor hereby irrevocably assigns, transfers, and conveys to Pluse all right, title, and interest in and to such Contribution, including all patent rights, copyrights, trade secret rights, trademark rights, and all other intellectual property rights worldwide, in perpetuity. This assignment is effective immediately upon creation of the Contribution and requires no further action or documentation. You agree to execute any documents and take any actions reasonably requested by Pluse to perfect, evidence, or record such assignment.

Carve-Out. This Section 8.17 applies solely to Contributions to the Service itself — that is, to Pluse’s platform, codebase, features, and system functionality. It does not apply to, and does not create any ownership interest in: (a) Your Data as described in Section 8.4; (b) User Content you upload, input, or create through the Service; (c) business processes, workflows, methodologies, or operational practices you develop using the Service; or (d) any deliverables, reports, or outputs you create for your clients using the Service.

8.18 Moral Rights Waiver

To the maximum extent permitted by applicable law, you irrevocably waive all “moral rights” or “droit moral” with respect to any Contributions, including the right to be identified as the author, the right to object to modifications or adaptations, and the right to object to derogatory treatment of such works, whether arising under the Berne Convention for the Protection of Literary and Artistic Works, the WIPO Copyright Treaty, the Visual Artists Rights Act (17 U.S.C. § 106A), or any similar rights under the laws of any jurisdiction.

To the extent that moral rights cannot be waived under the laws of any applicable jurisdiction, you agree not to assert such rights against Pluse or its successors, assigns, licensees, or sublicensees.

8.19 Specific Performance & Injunctive Relief

You acknowledge and agree that any unauthorized use, disclosure, reproduction, distribution, or misappropriation of Pluse’s intellectual property, trade secrets, or confidential information would cause irreparable harm to Pluse that cannot be adequately compensated by monetary damages alone. Accordingly, you consent to Pluse seeking immediate injunctive relief, temporary restraining orders, specific performance, and any other equitable remedies from any court of competent jurisdiction, including the state and federal courts of the State of Delaware and the Delaware Court of Chancery, without the necessity of proving actual damages or posting any bond or other security.

These equitable remedies are in addition to, and not in lieu of, any other remedies available to Pluse at law or in equity, including the recovery of actual damages, statutory damages, and reasonable attorneys’ fees and costs.

8.20 Representations & Warranties

By using the Service, you represent and warrant that:

• You have full legal authority and capacity to enter into these Terms and to perform your obligations hereunder;
• Your use of the Service does not and will not conflict with or violate any other agreement, obligation, court order, or applicable law to which you are bound;
• You will not introduce into the Service any material, content, or code that is subject to third-party intellectual property rights that would restrict or impair Pluse’s ability to provide, maintain, or improve the Service;
• Any content, data, or media you submit to the Service does not infringe, misappropriate, or violate any patent, copyright, trade secret, trademark, right of publicity, right of privacy, or other intellectual property or proprietary right of any third party; and
• You have obtained all necessary rights, licenses, consents, and permissions for any content you upload or submit to the Service.

8.21 Survival of IP Provisions

All intellectual property provisions set forth in this Section 8, together with the Feedback provisions in Section 9, the confidentiality obligations contained herein, and all related indemnification obligations in Section 16, shall survive the termination or expiration of these Terms and your account for any reason, and shall continue in full force and effect indefinitely. This survival obligation applies to all subsections of Section 8 (Sections 8.1 through 8.24, inclusive) and is in addition to, and consistent with, the survival provisions set forth in Section 17 (Termination).

8.22 Confidential Information & Trade Secret Protections

“Confidential Information” means any non-public information disclosed by or on behalf of Pluse, whether in written, oral, electronic, visual, or other form, that derives independent economic value, actual or potential, from not being generally known to or readily ascertainable by other persons who can obtain economic value from its disclosure or use. Confidential Information includes, without limitation:

• Source code, object code, algorithms, data models, database schemas, system architecture, and software design documents;
• The Pluse™ business health scoring methodology, Lux™ AI architecture, prompt engineering, and training methodologies;
• Business plans, financial projections, pricing strategies, customer lists, vendor relationships, and marketing strategies;
• User data, analytics, aggregated insights, and proprietary data processing pipelines; and
• Any information that Pluse designates as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.

You agree to: (a) hold all Confidential Information in strict confidence and not disclose it to any third party without Pluse’s prior written consent; (b) use Confidential Information solely for the purpose of using the Service as authorized under these Terms; (c) take all reasonable precautions to prevent unauthorized disclosure or use of Confidential Information, using at least the same degree of care you use to protect your own confidential information (but in no event less than reasonable care); and (d) upon termination of your account, promptly return or destroy all Confidential Information in your possession or control.

Confidential Information does not include information that: (i) is or becomes publicly available through no fault of yours; (ii) was rightfully in your possession before disclosure by Pluse, without restriction on disclosure; (iii) is independently developed by you without use of or reference to Confidential Information; or (iv) is rightfully received from a third party without restriction on disclosure and without breach of any obligation of confidentiality.

Enterprise Mutual Confidentiality. Pluse recognizes that enterprise customers may require mutual confidentiality obligations. Pluse offers a separate Mutual Non-Disclosure Agreement for enterprise accounts. Contact legal@pluse.to to request a mutual NDA.

These contractual confidentiality obligations are in addition to, and do not limit, any protections available under the Defend Trade Secrets Act of 2016 (18 U.S.C. § 1836 et seq.), the Delaware Uniform Trade Secrets Act (6 Del. C. § 2001 et seq.), or any other applicable federal or state trade secret law.

8.23 No Implied Licenses

Except for the express licenses granted in these Terms, nothing herein shall be construed to grant, by implication, estoppel, or otherwise, any license or right under any Pluse IP. All rights not expressly granted are reserved by Emmber, Inc.

8.24 IP Acknowledgment

You acknowledge and agree that the Service, its underlying technology, algorithms, AI models, and business logic represent significant trade secrets and proprietary intellectual property of Emmber, Inc. You agree not to challenge, contest, or take any action inconsistent with Pluse’s ownership of any Pluse trade secrets or trademarks, whether during or after the term of your use of the Service. Nothing in this Section limits your rights under applicable law to challenge the validity of any issued patent.

9. Feedback

If you submit ideas, suggestions, recommendations, or other feedback about the Service (“Feedback”), you grant Pluse a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, and otherwise exploit the Feedback for any purpose, including improving the Service or developing new products, without any obligation to compensate you. You represent that any Feedback you provide does not violate any third-party rights.

10. Data & Privacy

10.1 Privacy Policy

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

10.2 Data Processing Agreement

To the extent that you submit, upload, or make accessible personal data of your customers, employees, or other third parties through the Service, Pluse processes such data on your behalf as a data processor (as defined under applicable data protection law). The processing of such data is governed by the Data Processing Agreement (“DPA”) published at pluse.to/legal/dpa, which is incorporated into these Terms by reference. In this context:

• You are the data controller (or “business” under CCPA) — you determine the purposes and means of processing your customers’ and employees’ personal data.
• Pluse is the data processor (or “service provider” under CCPA) — we process such personal data only on your behalf, in accordance with your instructions, and as necessary to provide the Service.

The DPA sets forth Pluse’s obligations with respect to data security, subprocessor management, data subject requests, cross-border data transfers, and data breach notification.

For personal data that Pluse collects directly from you for account management, billing, and Service improvement purposes, Pluse acts as the data controller. Such processing is governed by the Privacy Policy.

10.3 Information Security Program

Pluse maintains a comprehensive Written Information Security Program (“WISP”) that establishes administrative, technical, and physical safeguards for the protection of personal information, including personal information of residents of all U.S. states. Pluse’s WISP is designed to comply with 201 CMR 17.00 (Standards for the Protection of Personal Information of Residents of the Commonwealth of Massachusetts), which imposes the most prescriptive state-level data security requirements in the United States, and is maintained as the baseline standard for all users regardless of location. The WISP includes, without limitation: designation of a responsible employee; ongoing risk assessment; encryption of personal information in transit and at rest; role-based access controls; multi-factor authentication for administrative access; regular security monitoring and testing; service provider oversight; incident response procedures; and annual program review. The WISP is an internal compliance document and is available for review by regulators upon request.

10.4 Data Disposal

Upon termination of your account and expiration of the applicable data retention periods described in the Privacy Policy, Pluse will dispose of records containing personal information in a manner that ensures such information cannot practicably be read or reconstructed, in accordance with M.G.L. c. 93I, § 2 and any other applicable data disposal law. Electronic records will be destroyed through secure deletion methods. Paper records, if any, will be shredded, pulverized, or otherwise rendered unreadable.

10.5 Security Incidents

In the event of a security incident affecting Your Data, Pluse will notify you as described in Section 15 of the Privacy Policy (Data Breach Notification) and as further detailed in the DPA.

11. Third-Party Integrations

The Service integrates with and relies on the following categories of third-party services:

• Payment Processing: Stripe, Inc. (payment processing, Stripe Connect, payout facilitation)
• Accounting Synchronization: Intuit QuickBooks Online (with your explicit authorization)
• Authentication: Google and Apple (OAuth sign-in)
• Cloud Infrastructure: DigitalOcean, LLC (hosting, database infrastructure, AI processing)

Your use of these services is governed by their respective terms and privacy policies. Pluse is not responsible for the availability, accuracy, actions, or policies of any third-party service. We are not liable for any loss or damage caused by your reliance on third-party services.

A current list of subprocessors who process personal data on Pluse’s behalf is maintained at pluse.to/legal/subprocessors. Pluse will provide at least thirty (30) days’ prior notice (via email or in-app notification) before adding a new subprocessor that processes personal data.

12. Lux AI Assistant

Pluse includes “Lux,” an AI-powered business assistant. Lux processes your business data to provide insights, suggestions, and analysis. You understand and agree that:

• Lux’s output is informational only. Nothing Lux says constitutes professional financial, legal, tax, or accounting advice.
• You are solely responsible for verifying any information, estimates, or recommendations provided by Lux before acting on them.
• Lux may produce inaccurate or incomplete results. Pluse makes no warranty regarding the accuracy of Lux’s output.
• Lux processes your business data as described in our Privacy Policy.
• You should consult qualified professionals (CPAs, attorneys, financial advisors) for advice on which Lux’s output touches.

12.1 AI Processing Consent and Disclosure

Lux is powered by large language model technology that has been configured with business-domain knowledge and integrated with Pluse’s platform data. When you interact with Lux:

(a) Your text-based inputs (prompts, queries, and instructions) are transmitted to and processed by Pluse’s AI infrastructure to generate responses. This processing constitutes an interception and recording of your communications for the purposes of providing the Service.

(b) Your business data (including invoices, client records, employee data, expenses, and financial summaries stored in your Pluse account) may be accessed and analyzed by the AI system to generate context-aware responses to your queries.

(c) Your Lux conversation history (the content of your queries and Lux’s responses) is recorded and stored for the duration of your active account to provide conversation continuity and to improve your in-session experience. Conversation history is deleted within thirty (30) days of account closure.

(d) This disclosure serves as notice that your interactions with Lux are processed, recorded, and stored as described herein. Your continued use of the Lux AI assistant after receiving this notice constitutes your informed consent to such processing. This notice is provided to satisfy the requirements of all-party consent and notification statutes, including without limitation M.G.L. c. 272, § 99 (Massachusetts), Cal. Penal Code § 632 (California), 720 ILCS 5/14-2 (Illinois), Fla. Stat. § 934.03 (Florida), and equivalent statutes in any jurisdiction that requires notification or consent before interception, recording, or processing of communications.

(e) If you submit communications to Lux that contain information about third parties (such as your clients, customers, or employees), you represent and warrant that you have provided adequate notice to, and obtained any required consent from, those third parties regarding the AI processing of their information, to the extent required by applicable law.

12.2 AI Transparency Disclosure

How Lux generates output: Lux processes your natural language queries against your business data, applies pattern recognition and language generation capabilities, and produces text-based responses. Lux output is algorithmically generated and has not been reviewed by a human before delivery to you. All Lux output requires your independent review and professional judgment before you rely on it for any business decision.

Human oversight: Lux is designed as a decision-support tool, not a decision-making tool. No business action, financial decision, invoice, or customer communication should be based solely on Lux output without your review and approval. Lux does not autonomously modify records, send communications, execute transactions, or take any action without your explicit initiation.

No automated decision-making with legal effect: Lux does not make decisions that produce legal or similarly significant effects on any person. All decisions remain with you, the user.

Compliance with state AI requirements: Pluse’s AI practices are designed to comply with the Massachusetts Attorney General’s April 2024 Advisory on the Application of Consumer Protection Laws to Artificial Intelligence, the Colorado AI Act, and all applicable state and federal laws governing the use of artificial intelligence in commercial products. If you operate in a jurisdiction that requires disclosure of AI-generated content to your customers, employees, or other third parties, you are solely responsible for making such disclosures.

13. Service Levels & Availability

13.1 Uptime Commitment

For users on paid subscription plans (Pro, Crew, and MAX), Pluse commits to a monthly uptime target of 99.5% for the core Service, measured as the percentage of total minutes in a calendar month during which the Service is available and functional (“Monthly Uptime Percentage”). Uptime is measured by Pluse’s internal monitoring systems.

“Downtime” means any period during which the core Service (invoice creation, payment processing, client management, and Lux AI) is materially unavailable to users, excluding: (a) scheduled maintenance with at least 24 hours’ advance notice; (b) downtime caused by factors outside Pluse’s reasonable control, including force majeure events as described in Section 19.4; (c) outages or failures of third-party services (including Stripe, QuickBooks, DigitalOcean, or cloud infrastructure providers); and (d) downtime resulting from your actions, equipment, or internet connectivity.

13.2 Service Credits

If the Monthly Uptime Percentage for any calendar month falls below the uptime target, affected paid users may request a service credit as follows:

Service credits are applied to future billing cycles and do not entitle you to a cash refund. To request a service credit, you must submit a request to support@pluse.to within thirty (30) days after the end of the affected month. Service credits are your sole and exclusive remedy for failure to meet the uptime target.

13.3 Free Plan

The uptime commitment and service credits in this Section 13 apply only to paid subscription plans. The Free plan is provided without any uptime guarantee or service level commitment.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLUSE, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE, INCLUDING OUTPUT FROM THE LUX AI ASSISTANT; AND ANY WARRANTY REGARDING RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE.

PLUSE IS NOT A FINANCIAL ADVISOR, ACCOUNTANT, ATTORNEY, OR TAX PROFESSIONAL. THE SERVICE DOES NOT PROVIDE FINANCIAL, LEGAL, OR TAX ADVICE. YOU SHOULD CONSULT QUALIFIED PROFESSIONALS FOR SUCH MATTERS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

15. Limitation of Liability

15.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLUSE, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION: LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES — EVEN IF PLUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15.2 Liability Cap

PLUSE’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE APPLICABLE CAP FOR YOUR SUBSCRIPTION TIER:

15.3 Exceptions to Liability Cap

The liability caps in Section 15.2 do not apply to liability arising from: (a) Pluse’s breach of its confidentiality or data security obligations under these Terms, the Privacy Policy, or the DPA; (b) Pluse’s obligations under Section 16.2 (Pluse’s Indemnification Obligations); or (c) Pluse’s gross negligence or willful misconduct. Liability arising from such excluded claims shall not exceed the greater of: (i) three (3) times the applicable liability cap for your subscription tier, or (ii) One Hundred Thousand U.S. Dollars ($100,000.00).

15.4 Consumer Protection Statute Preservation

Nothing in this Section 15 shall be construed to limit, waive, or restrict any remedies — including statutory damages, treble damages, punitive damages, or attorneys’ fees — that are mandated by and not waivable under applicable consumer protection law, including without limitation M.G.L. c. 93A (Massachusetts Consumer Protection Act), the applicable state consumer protection or unfair and deceptive trade practices act of the state in which you reside, or any comparable federal statute. To the extent that any court or arbitrator of competent jurisdiction determines that a limitation or exclusion in this Section 15 is unenforceable as applied to a specific claim under mandatory consumer protection law, that limitation or exclusion shall be deemed inapplicable to such claim, and the remainder of this Section 15 shall remain in full force and effect. This provision is included to ensure compliance with, among other authorities, the holding in H1 Lincoln, Inc. v. South Washington Street, LLC, 489 Mass. 1 (2022), and similar precedent in other jurisdictions.

15.5 Specific Exclusions

Pluse is not liable for: (i) errors in invoices, financial calculations, or reports generated through the Service; (ii) payment processing failures, delays, or errors caused by Stripe or other third-party providers; (iii) unauthorized access to your account resulting from your failure to maintain credential security; or (iv) your failure to comply with applicable law.

Some jurisdictions do not allow the limitation of certain types of damages, so some of the above limitations may not apply to you.

16. Indemnification

16.1 Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless Emmber, Inc. and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your use of, or inability to use, the Service;
• Your violation of these Terms or any applicable law;
• Your violation of any third-party right, including intellectual property rights or privacy rights;
• Any content or data you submit to the Service;
• Any dispute between you and your customers, employees, or other third parties arising from your use of the Service; or
• Your negligence or willful misconduct.

16.2 Pluse’s Indemnification Obligations

Pluse will defend, indemnify, and hold harmless you and your officers, directors, and employees from and against any third-party claim alleging that the Service itself (excluding any User Content, Your Data, or third-party integrations) infringes a valid United States patent, copyright, or trademark, provided that you: (a) promptly notify Pluse in writing of such claim; (b) grant Pluse sole control of the defense and settlement of such claim; and (c) provide reasonable cooperation at Pluse’s expense.

If the Service becomes, or in Pluse’s reasonable opinion is likely to become, the subject of an infringement claim, Pluse may at its option and expense: (i) procure for you the right to continue using the Service; (ii) modify the Service to make it non-infringing without materially diminishing functionality; or (iii) if neither (i) nor (ii) is commercially reasonable, terminate your subscription and refund any prepaid fees for the unused portion of the subscription term.

Pluse shall have no obligation under this Section 16.2 to the extent that an infringement claim arises from: (a) your modification of the Service; (b) your combination of the Service with non-Pluse products or services; (c) your use of the Service after Pluse has notified you to cease such use; or (d) your use of the Service in violation of these Terms.

This Section 16.2 states Pluse’s entire liability and your exclusive remedy with respect to any claim of intellectual property infringement.

16.3 Defense Control

Pluse reserves the right to assume exclusive control over the defense of any matter subject to indemnification by you under Section 16.1, at your expense. You agree to cooperate with our defense of such claims.

17. Termination

You may cancel your account at any time through Settings or by emailing support@pluse.to. Cancellation is effective at the end of your current billing period. We do not issue refunds for unused portions of a billing period.

Pluse may suspend or terminate your access immediately, with or without notice, if we determine in our sole judgment that you have violated these Terms, engaged in fraudulent or illegal activity, or pose a risk to Pluse, other users, or third parties.

Upon termination for any reason:

• Your right to access and use the Service ceases immediately;
• We may delete Your Data in accordance with our Privacy Policy, the DPA, and applicable law;
• Stripe Connect Account: Your Stripe Connected Account will be disconnected from the Pluse platform. Pending payouts at the time of disconnection will be processed by Stripe in accordance with Stripe’s standard terms. Active payment links generated through Pluse will be deactivated within forty-eight (48) hours of termination. You are solely responsible for managing your Stripe account directly after disconnection from Pluse, including any ongoing disputes, chargebacks, or refund obligations related to transactions processed through the Service;
• Your right to request a data export is subject to the timelines in Section 8.13;
• Data Disposal: Upon expiration of the applicable data retention periods described in the Privacy Policy, Pluse will dispose of records containing your personal information in accordance with Section 10.4 and applicable data disposal laws, including M.G.L. c. 93I, § 2;
• Provisions of these Terms that by their nature should survive termination will survive, including Sections 7, 8, 9, 14, 15, 16, 18, 19, 20, 22, and 23.

18. Dispute Resolution and Arbitration

A. Informal Dispute Resolution

Before initiating arbitration or any court proceeding, you and Emmber, Inc. (“Pluse,” “Company,” “we,” or “us”) each agree to attempt to resolve any Dispute (as defined in Section B) informally for at least sixty (60) calendar days. The informal dispute resolution process begins when one party sends a written Notice of Dispute (“Notice”) to the other. A Notice to Pluse must be sent by certified mail to: Emmber, Inc., c/o Registered Agent, 131 Continental Dr, Suite 305, Newark, Delaware 19713, Attn: Legal — Dispute Resolution. A Notice to you will be sent to the most recent email address or physical address associated with your Pluse account.

Each Notice must include: (a) the sending party’s full legal name; (b) the email address and physical address associated with the account; (c) a detailed description of the Dispute, including the factual basis for each claim and the specific relief sought, including any calculation of damages; and (d) the sending party’s personal signature (an electronic signature executed through a recognized electronic signature service, such as DocuSign or Adobe Sign, is acceptable for this purpose).

During the sixty (60)-day informal resolution period, all applicable statutes of limitations and any filing-fee deadlines shall be tolled. If the Dispute is not resolved within sixty (60) calendar days after a complete Notice is received, either party may proceed to arbitration in accordance with this Section. Compliance with this informal dispute resolution process is a condition precedent to initiating arbitration; the arbitrator shall have the authority to dismiss without prejudice any claim that has not complied with this requirement.

Statutory Demand Letter Compliance. The Notice of Dispute described in this Section A is intended to satisfy, and shall be deemed to constitute, a demand letter under M.G.L. c. 93A, § 9(3) (Massachusetts), and any comparable pre-suit demand requirement under the consumer protection laws of any other state. If you are a Massachusetts resident asserting a claim under Chapter 93A, the sixty (60)-day informal resolution period described herein satisfies the thirty (30)-day demand letter requirement of § 9(3). Pluse will investigate and respond to any Notice in good faith within thirty (30) calendar days of receipt, including, where appropriate, a reasonable settlement offer. A good-faith settlement offer made during the informal resolution period may be presented to the arbitrator as relevant to the determination of damages and fee-shifting, consistent with M.G.L. c. 93A, § 9(3) and § 11, and similar statutes in other jurisdictions.

B. Binding Arbitration Agreement

Agreement to Arbitrate. You and Pluse mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, the Pluse Services (including the consumer mobile application, the AI SaaS platform, and the enterprise tools), your use of or access to the Services, any data or content you submit to or receive from the Services, any transaction or relationship between you and Pluse arising from these Terms, or the formation, validity, enforceability, scope, interpretation, breach, or termination of these Terms — including any claim that all or any part of these Terms is void or voidable — (each, a “Dispute”) shall be exclusively resolved through final and binding individual arbitration, rather than in court, except as set forth in Sections F and G.

Federal Arbitration Act. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), and federal arbitration law, to the maximum extent permitted by law. The FAA, and not state arbitration law, shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration agreement, and shall preempt any inconsistent state law or rule.

Parties Covered. As used in this Section, “you” means you individually and, if applicable, the entity on whose behalf you accepted these Terms. “Pluse” means Emmber, Inc. and its present and future parents, subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns. Each of the foregoing persons and entities is an intended third-party beneficiary of this arbitration agreement with full rights to enforce it. You agree that any Dispute you have with any such person or entity that arises out of or relates to these Terms or the Services shall be resolved exclusively through arbitration as provided in this Section.

Delegation Clause. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable (each, a “Gateway Dispute”). This delegation of Gateway Disputes to the arbitrator shall be interpreted and enforced in accordance with the FAA. This delegation is intended to be the broadest permitted under law and includes claims challenging the validity of the delegation clause itself, subject only to 9 U.S.C. § 10. This arbitration agreement, including this delegation clause, is the sole and exclusive agreement between you and Pluse regarding the forum for resolving Disputes, and no other agreement, promotion, campaign, contest, or other document between you and Pluse shall be construed to establish a conflicting forum for the resolution of Disputes or Gateway Disputes, unless such other document explicitly references this Section by name and expressly supersedes this delegation clause.

C. Mass Arbitration Procedures

Applicability. If, at any time, twenty-five (25) or more claimants (including you, if applicable) submit Notices of Dispute or demands for arbitration raising substantially similar claims against Pluse, and the claimants are represented by the same counsel or coordinated counsel, the Disputes shall be designated as “Mass Arbitration” and shall be subject to the additional procedures in this Section C. The parties agree that, for purposes of administering Mass Arbitration under JAMS, the threshold of twenty-five (25) similar claims shall replace the default threshold specified in the JAMS Mass Arbitration Procedures and Guidelines.

Process Arbitrator. Upon designation of a Mass Arbitration, the arbitration administrator shall appoint a single Process Arbitrator to oversee and coordinate the Mass Arbitration. The Process Arbitrator shall have the exclusive authority to: (a) determine whether the conditions for a Mass Arbitration are satisfied; (b) resolve disputes regarding compliance with conditions precedent, including the pre-filing verification and informal dispute resolution requirements; (c) organize claims into batches; (d) oversee the bellwether selection and mediation processes; and (e) resolve all procedural disputes related to the administration of the Mass Arbitration.

Pre-Filing Verification. Before any individual demand for arbitration may be filed as part of a Mass Arbitration, each claimant must comply fully with the informal dispute resolution process described in Section A and must submit a completed, individualized demand that includes: (a) the claimant’s full legal name, physical address, and email address associated with the claimant’s Pluse account; (b) a detailed, claimant-specific description of the factual basis for each claim and the specific relief sought; (c) a copy of the relevant arbitration agreement; and (d) a sworn declaration, signed by the claimant (not solely by counsel), affirming that the information in the demand is true and correct to the best of the claimant’s knowledge, information, and belief formed after a reasonable inquiry. Counsel representing multiple claimants must also submit a sworn declaration affirming that counsel has conducted an individualized review of each claimant’s claims and that, to the best of counsel’s knowledge, each demand is supported by a good-faith factual and legal basis. The Process Arbitrator may dismiss without prejudice any demands that do not comply with these requirements.

Bellwether Process. After the Process Arbitrator has confirmed compliance with the pre-filing requirements, the parties shall select bellwether cases as follows: (a) each side shall select up to ten (10) individual claims to serve as bellwether cases; (b) if the parties cannot agree on additional bellwether cases, the Process Arbitrator shall select up to five (5) additional claims, for a total of no more than twenty-five (25) bellwether cases per round; (c) each bellwether case shall be assigned to an individual arbitrator and shall proceed to a full hearing on the merits in accordance with the applicable arbitration rules; (d) the outcome of any bellwether case shall not be binding on any claimant who is not a party to that specific bellwether proceeding — bellwether outcomes are intended solely to inform the parties’ settlement negotiations and to promote the efficient resolution of remaining claims.

Mandatory Mediation. Within thirty (30) calendar days after all bellwether cases in a round have been resolved, the parties shall participate in a single global mediation session before a JAMS mediator to attempt to resolve the remaining claims. If mediation does not resolve all remaining claims, the parties shall proceed to batched arbitration as described below.

Concurrent Batching. Remaining claims shall be randomly assigned by the Process Arbitrator to batches of no fewer than fifty (50) claims each (or all remaining claims if fewer than fifty remain). Multiple batches shall proceed concurrently — no batch shall be required to wait for the resolution of any other batch before commencing. Each batch shall be assigned to a separate individual arbitrator and shall proceed in accordance with the applicable arbitration rules. The Process Arbitrator shall set a schedule that ensures a new round of batches commences at least every ninety (90) calendar days until all claims are resolved.

Escalation Opt-Out. If any individual claimant’s demand has not been selected for a bellwether case or assigned to an active batch within one hundred and eighty (180) calendar days after the claimant’s demand was accepted by the arbitration administrator, that claimant may, by written notice to Pluse and the arbitration administrator, elect to withdraw the claimant’s demand from the Mass Arbitration and pursue the claim in individual arbitration outside the Mass Arbitration or in small claims court, at the claimant’s election. Exercise of this escalation opt-out does not waive any other rights under this Section.

Tolling During Mass Arbitration. All applicable statutes of limitations and filing-fee deadlines are tolled as to all claims designated as part of a Mass Arbitration from the date the first Notice of Dispute in the Mass Arbitration is received by Pluse through the date the claimant’s individual claim is finally resolved, withdrawn, or the claimant exercises the escalation opt-out described above.

Fees in Mass Arbitration. Filing fees, arbitrator compensation, and administrative costs in Mass Arbitration shall be governed by the arbitration administrator’s applicable mass arbitration fee schedule. Pluse shall pay all fees and costs that it is required to pay under the applicable mass arbitration rules and fee schedules of the administering organization.

D. Class Action and Representative Action Waiver

YOU AND PLUSE EACH AGREE THAT ANY DISPUTE SHALL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS, CONSOLIDATED, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. NEITHER YOU NOR PLUSE MAY PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR COLLECTIVE ARBITRATION OR PROCEEDING, OR SERVE AS A CLASS REPRESENTATIVE OR CLASS MEMBER. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS (EXCEPT AS PART OF THE MASS ARBITRATION PROCEDURES IN SECTION C) AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, CLASS, OR COLLECTIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE ARBITRATION.

Poison-Pill Non-Severability. If any court or arbitrator determines that the class action waiver set forth in this Section D is void, unenforceable, or unlawful in whole or in part as to any Dispute, then this entire arbitration agreement (Sections A through O) shall be deemed null and void with respect to that Dispute, and such Dispute shall proceed exclusively in a court of competent jurisdiction in the State of Delaware, subject to Section K, rather than in arbitration. Under no circumstances shall any Dispute proceed as a class, collective, or representative arbitration. For the avoidance of doubt, if this class action waiver is found unenforceable, the parties do not consent to class arbitration.

Exceptions. This waiver does not prevent you from participating in a settlement of a class or collective action. This waiver does not apply to claims brought under the Private Attorneys General Act (Cal. Lab. Code § 2698 et seq.) or similar state representative-action statutes to the extent that a waiver of such claims is prohibited by applicable law that is not preempted by the FAA.

E. Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PLUSE EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES. THIS JURY TRIAL WAIVER APPLIES WHETHER OR NOT THE ARBITRATION AGREEMENT IS FOUND TO BE VOID, UNENFORCEABLE, OR INAPPLICABLE TO A PARTICULAR DISPUTE. YOU AND PLUSE EACH ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS KNOWING AND VOLUNTARY.

F. Small Claims Court Exception

Notwithstanding the foregoing arbitration agreement, either you or Pluse may bring an individual claim in small claims court (or the equivalent court of limited jurisdiction) if the claim qualifies for such court under its jurisdictional requirements. If a claim is filed in small claims court and then transferred, removed, or appealed to a court of general jurisdiction, either party may elect to enforce this arbitration agreement.

G. Injunctive and Equitable Relief Carve-Out

Notwithstanding the foregoing arbitration agreement, either party may seek temporary or preliminary injunctive relief, specific performance, or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights, trade secrets, copyrights, trademarks, patents, or confidential information, without first engaging in the informal dispute resolution process described in Section A and without waiving the right to arbitrate any remaining claims. Any such court proceeding shall be limited solely to the request for equitable or injunctive relief and shall not extend to the merits of any underlying Dispute, which shall remain subject to arbitration. A request for equitable or injunctive relief under this Section G shall not constitute a waiver of, or be deemed inconsistent with, the right to compel arbitration of any Dispute under this Section.

Nothing in this arbitration agreement shall prevent, limit, or otherwise impair any investigation, enforcement action, or proceeding brought by a federal, state, or local governmental body or agency (including the Federal Trade Commission, the Consumer Financial Protection Bureau, or any state attorney general) exercising its statutory or regulatory authority. You retain the right to file a complaint with or communicate with any governmental body, agency, or regulatory authority.

H. Arbitration Administrator and Rules

Any arbitration under this Section shall be administered by JAMS under its Comprehensive Arbitration Rules and Procedures then in effect, as modified by this Section. For any Dispute arising out of or relating to the functionality, outputs, training data, algorithmic behavior, or performance of any Pluse artificial intelligence system or model, the JAMS Artificial Intelligence Dispute Rules (effective June 14, 2024, or as subsequently amended) shall apply in lieu of the JAMS Comprehensive Arbitration Rules. If the Dispute is designated as a Mass Arbitration, the JAMS Mass Arbitration Procedures and Guidelines then in effect shall also apply. JAMS’s rules are available at www.jamsadr.com. If JAMS is unavailable or declines to administer the arbitration, the parties shall mutually agree on a substitute administrator; if the parties cannot agree, a court with jurisdiction shall appoint one.

Format and Location. For claims of $25,000 or less, the arbitration shall be conducted solely on the basis of written submissions and documentary evidence, unless you request an in-person or telephonic hearing, or the arbitrator determines that a hearing is necessary. For claims exceeding $25,000, the right to a hearing shall be governed by the applicable arbitration rules. Any in-person hearing shall be held in the county where you reside, at a JAMS facility in Wilmington, Delaware, or at any other location mutually agreed upon in writing. You may request that the arbitration be conducted by telephone or videoconference if you reside more than one hundred (100) miles from a JAMS facility.

I. Arbitration Fees and Premium Award

Fee Allocation. Arbitration fees and costs shall be allocated in accordance with the applicable JAMS fee schedule and the JAMS Comprehensive Arbitration Rules (or JAMS AI Dispute Rules, as applicable). Each party shall bear its own attorneys’ fees except as otherwise provided by applicable law or this Section.

Fee Subsidy for Small Claims. For users asserting non-frivolous claims where the amount in controversy is $75,000 or less, Pluse shall pay all arbitration filing fees, arbitrator compensation, and administrative fees assessed by the arbitration administrator beyond the initial filing fee required by the administrator’s fee schedule. If a user demonstrates financial hardship to the arbitration administrator’s satisfaction, Pluse shall pay the user’s initial filing fee as well.

Premium Award. If the arbitrator issues an award in your favor that is greater than the value of Pluse’s last written settlement offer made before the arbitrator was selected (or if Pluse did not make a written settlement offer before the arbitrator was selected), then Pluse shall pay you the greater of: (a) the amount of the award, or (b) One Thousand U.S. Dollars ($1,000.00). In addition, Pluse shall pay your counsel, if any, two times (2×) the reasonable attorney’s fees incurred, and shall reimburse any reasonable expenses (including expert witness fees and costs) that your counsel incurred in investigating, preparing, and pursuing the claim in arbitration.

Frivolous Claims. If the arbitrator determines that a Dispute or defense was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the arbitrator may award the prevailing party its reasonable attorneys’ fees and costs incurred in responding to or defending against such frivolous claim or defense.

J. Arbitrator Authority and Standards

The arbitrator shall be a single, neutral arbitrator who is a retired judge or an attorney with at least ten (10) years of experience in technology law, commercial law, or consumer protection law. For arbitrations under the JAMS AI Dispute Rules, the arbitrator shall additionally have demonstrated experience in disputes involving artificial intelligence systems.

The arbitrator shall apply the substantive law designated in Section K, including applicable statutes of limitations. The arbitrator shall have the authority to grant any remedy that would be available in court, including temporary and permanent injunctive relief, declaratory relief, and monetary damages, subject to the limitations in Section D. The arbitrator shall issue a written, reasoned decision sufficient to explain the essential findings and conclusions on which the award is based.

The arbitrator may not award punitive damages except to the extent such damages are expressly authorized by a statute applicable to the claims at issue. The arbitrator shall have no authority to award damages that are inconsistent with these Terms, applicable law, or the limitations set forth in these Terms. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

K. Governing Law and Venue

Governing Law. These Terms of Service, and all Disputes arising out of or relating to these Terms or the Services, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles. Notwithstanding the foregoing, the arbitration provisions in this Section shall be governed exclusively by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and applicable federal arbitration law, which shall preempt any inconsistent state law, rule, or judicial decision.

Venue. For any Dispute that is not subject to arbitration (including any Dispute directed to court under the poison-pill non-severability provision of Section D, any claim brought in small claims court under Section F, or any action for injunctive or equitable relief under Section G), the exclusive venue and jurisdiction shall be the state and federal courts located in New Castle County, Delaware. You and Pluse each irrevocably consent to personal jurisdiction and venue in such courts and waive any objection based on inconvenient forum.

Supremacy. If there is any conflict between the FAA and any other applicable law with respect to the enforcement of this arbitration agreement, the FAA shall control. If any provision of these Terms is held to conflict with a mandatory consumer protection statute of the state in which you reside, such mandatory statute shall apply solely to the extent required by law, without invalidating the remaining provisions of this Section.

L. Opt-Out Procedure

You may opt out of this arbitration agreement (Sections A through O) by sending a written opt-out notice to Pluse within thirty (30) calendar days after the date you first create an Pluse account. To be effective, the opt-out notice must be delivered by one of the following methods:

(a) U.S. Mail: Sent via certified mail with return receipt requested, postmarked no later than the thirtieth (30th) calendar day, to: Emmber, Inc., c/o Registered Agent, 131 Continental Dr, Suite 305, Newark, Delaware 19713, Attn: Legal — Arbitration Opt-Out; or

(b) Email: Sent to arbitration-optout@pluse.to no later than 11:59 PM Eastern Time on the thirtieth (30th) calendar day. Pluse will send an automated confirmation receipt. If you do not receive a confirmation receipt within two (2) business days, you must follow up or send via U.S. Mail to preserve your opt-out.

The opt-out notice must include: your full legal name, the email address associated with your Pluse account, the date of account creation, and the following signed statement: “I wish to opt out of the arbitration agreement contained in the Pluse Terms of Service.” For email submissions, a typed signature is acceptable; for U.S. Mail submissions, a handwritten or recognized electronic signature is required.

If you timely and validly opt out, neither you nor Pluse will be bound by this arbitration agreement, but all other provisions of these Terms (including the governing law and venue provisions of Section K and the jury trial waiver in Section E, to the extent separately enforceable) shall remain in full force and effect. Opting out will not affect any other current or future arbitration agreement you may enter into with Pluse.

M. Material Updates to Arbitration Terms

If Pluse makes any material change to this arbitration agreement after the date you first accepted these Terms, Pluse shall provide you with at least thirty (30) calendar days’ written notice of the change, sent to the email address or physical address associated with your account. You shall have thirty (30) calendar days from the date of such notice to reject the material change by sending a written rejection notice by U.S. Mail or email to Pluse at the addresses specified in Section L. If you timely reject the material change, you shall remain bound by the most recent version of this arbitration agreement that you previously accepted.

For purposes of this Section, a “material change” means any amendment that: (a) alters the scope of Disputes subject to arbitration; (b) modifies the class action waiver in Section D; (c) changes the arbitration administrator; (d) significantly modifies the fee allocation or premium award structure; (e) materially alters the mass arbitration procedures; (f) changes the opt-out procedure or its timing; or (g) otherwise materially diminishes your rights under this arbitration agreement.

N. Severability

Except as expressly provided in the poison-pill non-severability provision of Section D, if any provision of this arbitration agreement is found to be illegal, invalid, or unenforceable, such provision shall be severed, and the remainder of this arbitration agreement shall remain in full force and effect. The arbitrator (or court, if applicable) shall reform any unenforceable provision to the minimum extent necessary to make it enforceable while preserving the parties’ intent to resolve Disputes through binding individual arbitration.

O. Survival

This arbitration agreement (Sections A through O), including the class action waiver, jury trial waiver, and governing law provisions, shall survive the termination, expiration, or cancellation of your Pluse account, your subscription or license to the Services, and these Terms of Service. Any Dispute that arose during the term of your relationship with Pluse or that arises from events occurring during such term shall remain subject to this arbitration agreement regardless of when the Dispute is asserted.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy, the Data Processing Agreement, and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Pluse with respect to the Service and supersede all prior and contemporaneous agreements, representations, and understandings.

19.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the validity and enforceability of the remaining provisions.

19.3 Waiver

No failure or delay by Pluse in exercising any right under these Terms shall constitute a waiver of that right. No waiver of any breach shall be deemed a waiver of any subsequent breach.

19.4 Force Majeure

Pluse shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, acts of government, war, terrorism, labor disputes, internet outages, power failures, or actions of third-party service providers (including Stripe, QuickBooks, and DigitalOcean).

19.5 Assignment

You may not assign or transfer these Terms or any rights hereunder without Pluse’s prior written consent. Pluse may assign these Terms, including in connection with a merger, acquisition, or sale of assets, without your consent. These Terms shall bind and inure to the benefit of the parties and their permitted successors and assigns.

19.6 Export Compliance

You agree to comply with all applicable U.S. export control laws and regulations, including the Export Administration Regulations (EAR). You represent that you are not located in, a national of, or under the control of any country subject to U.S. embargo, and that you are not on any U.S. government restricted party list.

19.7 Notices

Pluse may provide notices to you via email to the address on your account or through the Service interface. You may provide notices to Pluse at legal@pluse.to. Notices are deemed delivered when sent to the correct address.

19.8 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, employment, agency, or franchise relationship between you and Pluse. You have no authority to bind Pluse in any way.

19.9 No Oral Modifications

These Terms may not be modified, amended, or supplemented except as expressly provided in Section 20 (Changes to These Terms) or by a written instrument signed by a duly authorized representative of Pluse. No oral agreement, course of dealing, or trade usage shall modify or supplement these Terms.

19.10 Sales Tax on Subscription Fees

Subscription fees may be subject to state and local sales tax, use tax, or similar transaction taxes depending on your location. In jurisdictions that impose sales or use tax on software-as-a-service (which currently includes, without limitation, Connecticut, Massachusetts, New York, Ohio, Pennsylvania, Tennessee, Texas, Utah, Washington, and the District of Columbia, among others), Pluse will collect and remit applicable taxes where required by law. The tax amount, if any, will be displayed at checkout and on your invoice. You are responsible for any taxes that Pluse is not required to collect.

19.11 Electronic Transactions and Consent

By using the Service, you consent to transact electronically in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN, 15 U.S.C. §§ 7001–7006) and the Uniform Electronic Transactions Act as adopted in your state of residence (including M.G.L. c. 110G for Massachusetts). You agree that your electronic acceptance of these Terms — including clicking “I Agree,” checking a checkbox, or tapping a confirmation button — constitutes your legally binding signature. Pluse maintains an audit trail of your acceptance, including the timestamp, IP address, terms version, and device type.

19.12 Accessibility

Pluse is committed to making the Service accessible to users with disabilities and works toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as the target standard for the web platform and the iOS application. Pluse maintains an ongoing accessibility remediation program to identify and address accessibility barriers as they are discovered. If you encounter an accessibility barrier, please contact support@pluse.to and we will make reasonable efforts to address it. Pluse welcomes feedback on accessibility and will respond to accessibility-related inquiries within a reasonable time.

19.13 Foreign Qualification

Emmber, Inc. is a Delaware corporation duly qualified to transact business in the State of Florida as a foreign corporation, with a registered agent in each jurisdiction. Service of process and other legal notices may be made in accordance with applicable law in either the State of Delaware (Pluse’s state of incorporation) or the State of Florida (where Pluse maintains foreign qualification).

20. Changes to These Terms

20.1 Right to Modify

Pluse reserves the right to modify, amend, or update these Terms at any time, at its sole discretion. Modifications may include, without limitation, changes to the scope of the Service, intellectual property provisions, fee structures, usage restrictions, or any other terms contained herein.

20.2 Notice of Changes

When we make material changes to these Terms, we will provide notice to you through one or more of the following methods:

• Email notification to the address associated with your account;
• A prominent notice within the Service or on our website; or
• An in-app notification upon your next login.

We will provide at least thirty (30) days’ advance notice before material changes take effect, unless the change is required by law, relates to a new feature or service, or addresses a security concern, in which case shorter notice may be provided. Non-material changes (e.g., typo corrections, formatting, clarifications) may be made without prior notice.

20.3 Acceptance of Modified Terms

For material changes to these Terms (other than changes to Section 18, which are governed by Section 18.M), Pluse will present the modified Terms to you upon your next login and require affirmative acceptance (e.g., clicking “I Accept” or a comparable mechanism) before you may continue using the Service. If you do not accept the modified Terms within thirty (30) days of notification, your sole remedy is to discontinue use of the Service and close your account. If you close your account due to a material change to these Terms, Pluse will refund any prepaid subscription fees for unused full months remaining in your current billing period.

For non-material changes, your continued access to or use of the Service after the effective date of the modifications constitutes your acceptance.

20.4 Record of Changes

We will maintain a summary of material changes and their effective dates. The most current version of these Terms will always be available at pluse.to/html/terms-of-service.html with an updated “Effective Date.”

Note on Version 8.0. Version 8.0 (April 2026) was a non-substantive version-string increment that did not carry a corresponding published document distinct from Version 7.x. It is superseded in full by Version 8.1, which is the operative version of these Terms. Users whose acceptance records reference Version 8.0 are deemed bound by Version 8.1 effective on its acceptance date, and Pluse maintains the Version 8.0 audit-log entries as a historical record of acceptance under the gate then in effect.

21. Contact Us

For questions about these Terms:

• Email: legal@pluse.to
• Support: support@pluse.to
• Arbitration Opt-Out: arbitration-optout@pluse.to
• Website: pluse.to

Emmber, Inc. is a Delaware corporation qualified to do business in the State of Florida. The “Pluse” name and the Pluse platform are operated by Emmber, Inc.

22. iOS App Store Addendum

This Section 22 supplements these Terms with respect to the Pluse iOS application (the “Licensed Application”) that you download from the Apple App Store and use on an Apple-branded device. The provisions of this Section 22 are required by Apple Inc. (“Apple”) and shall apply to your use of the Licensed Application in addition to (and, to the extent of any conflict, shall control over) any other provision of these Terms.

22.1 Acknowledgment

You acknowledge that these Terms are entered into between you and Emmber, Inc. only, and not with Apple. Emmber, Inc. (and not Apple) is solely responsible for the Licensed Application and its content. These Terms may not provide for usage rules for the Licensed Application that conflict with the Apple Media Services Terms and Conditions as of the date you accept these Terms.

22.2 Scope of License

Pluse grants you a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

22.3 Maintenance and Support

Emmber, Inc. is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in these Terms or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

22.4 Warranty

Emmber, Inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Emmber, Inc.

22.5 Product Claims

You and Emmber, Inc. acknowledge that Emmber, Inc., not Apple, is responsible for addressing any claims of you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application’s use of the HealthKit, HomeKit, or other Apple frameworks.

22.6 Intellectual Property Rights

You and Emmber, Inc. acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party’s intellectual property rights, Emmber, Inc., not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

22.7 Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

22.8 Developer Name and Address

Any questions, complaints, or claims with respect to the Licensed Application should be directed to:

Emmber, Inc.
c/o Registered Agent
131 Continental Dr, Suite 305
Newark, Delaware 19713
Email: support@pluse.to

22.9 Third-Party Beneficiary

You and Emmber, Inc. acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms and Section 22, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

22.10 Tap to Pay on iPhone

Use of the Tap to Pay on iPhone feature within the Licensed Application is governed by Apple’s separate terms applicable to Tap to Pay merchants and merchant acquirers, in addition to these Terms and Pluse’s payment processing terms set forth in Section 5. You are responsible for compliance with applicable card-network rules, anti-fraud requirements, and consumer-disclosure obligations when using contactless payment functionality. Pluse acts solely as a software provider in connection with Tap to Pay; payment authorization, settlement, and dispute handling are performed by Stripe.

22.11 In-App Purchases and Auto-Renewing Subscriptions

Subscriptions purchased through the Licensed Application are auto-renewing. Payment will be charged to your Apple ID account at confirmation of purchase. The subscription automatically renews unless auto-renewal is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the cost of the chosen subscription package. You may manage and cancel your subscriptions by going to your Apple ID Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription.

23. California Consumer Notice (Civil Code § 1789.3)

Under California Civil Code Section 1789.3, California residents using the Service are entitled to the following specific consumer rights notice:

Provider of the Service

Emmber, Inc.
c/o Registered Agent
131 Continental Dr, Suite 305
Newark, Delaware 19713
Email: support@pluse.to

Cost and Fees

Use of the Service may be subject to the subscription fees set forth in Sections 4 and 5, as updated from time to time. Current pricing is available at pluse.to.

Complaints

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

© 2024–2026 Emmber, Inc. All rights reserved. Pluse™ and Lux™ are trademarks of Emmber, Inc.