rPAVE Terms of Service
Last modified: July 27, 2026
1. Acceptance of Terms
By creating an account, accessing, or using rPAVE (the "Service"), provided by pulsuus, llc ("Licensor," "we," "us"), you ("Subscriber," "you") agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. Your use of the Service is also governed by the pulsuus Privacy Policy, available at www.pulsuus.com/legal/privacy, which is incorporated herein by reference.
2. Subscription and Payment
Subscriptions are invoiced annually in advance. Payment is accepted by ACH transfer or wire transfer in USD. Credit card and digital wallet payments (including Apple Pay and Google Pay) are available for US-based Verification, Starter, Pro, and Educational subscribers, as well as Small and Medium recharge credit packs. International subscribers are invoiced by wire transfer. Accounts may be activated upon receipt of a valid purchase order, with payment due within 30 days of invoice date.
- pulsuus, llc reserves the right to suspend access for accounts with overdue invoices. Suspension does not extinguish the obligation to pay for credits already consumed. Licensor reserves the right to pursue unpaid balances through legal or collection means.
- Reinstatement requires payment of the outstanding balance in full.
2.1 Taxes
Subscriber is responsible for determining, collecting, withholding, remitting, and paying any and all taxes, duties, levies, or similar governmental assessments of any nature (including but not limited to sales and use tax, VAT, GST, and withholding tax), together with any related interest and penalties, imposed by any governmental authority on the subscription fees paid under these Terms ("Taxes"), except for taxes based on pulsuus, llc's net income. Where pulsuus, llc is legally required to collect and remit Taxes in a given jurisdiction, such Taxes will be stated separately on the invoice and added to the amount due.
- For Subscribers located outside the United States, where cross-border value-added tax, goods and services tax, or similar reverse-charge rules apply, Subscriber represents that it is a registered business (or exempt government entity) in its jurisdiction and agrees to provide a valid tax registration number upon request. Subscriber is solely responsible for self-assessing and remitting any tax due under the reverse-charge or equivalent mechanism in its jurisdiction. If Subscriber fails to provide a valid tax registration number upon request, pulsuus, llc reserves the right, in its sole discretion, to either (i) treat the transaction as subject to applicable consumer-level tax and invoice accordingly, or (ii) decline to activate or renew the Subscription, or decline to fulfill a recharge credit pack purchase, for that Subscriber.
- Government and educational Subscribers claiming tax-exempt status must provide a valid exemption certificate or equivalent documentation prior to invoicing on a tax-exempt basis. pulsuus, llc reserves the right to request updated tax registration or exemption documentation periodically (no more than annually).
- Subscriber agrees to indemnify pulsuus, llc for any Taxes, penalties, or interest arising from inaccurate representations regarding Subscriber's tax registration or exemption status. This indemnification obligation, together with the consumer-level-tax fallback and renewal-decline rights described above, does not apply to Subscribers that are federal, state, or local government entities to the extent prohibited by applicable law.
3. Credits
rPAVE bills processing on a per-row basis: each measurement row submitted for analysis consumes one credit at the time processing begins for that row.
- Plan credits are allocated at the start of each subscription period.
- Plan credits are allocated at the company level and are shared across all users within the same company account. Individual users within a company draw from the same credit pool. There is no per-user credit allocation.
- Unused plan credits do not carry over to the next period, except as set out in Section 3.1.
- Recharge pack credits are additional credits purchased separately from the subscription plan and added to the company credit pool immediately upon purchase. They are not subject to expiry and survive plan changes and renewals, and are shared across all users within the company account in the same manner as plan credits.
- Credits have no cash value and are non-refundable, except where required by applicable law.
- If a subscriber exhausts their plan credits before the renewal date, access to new processing runs is available via a recharge pack or plan upgrade.
3.1 Credit Carryover
At renewal, unused plan credits up to 25% of the annual allocation carry over to the next subscription period. Credits exceeding this allowance are forfeited at renewal. Recharge pack credits are not subject to carryover limits and are maintained in full across renewal periods.
3.2 Re-Run Policy
Re-processing previously analyzed rows within the same upload session does not consume additional credits. Changing sensor exclusions and re-running does not consume additional credits. Credits are consumed only for rows being processed for the first time within an upload session, or for rows submitted as part of a newly uploaded file.
4. Upgrades and Downgrades
4.1 Upgrades
- Plan upgrades take effect immediately upon activation in accordance with Section 2.
- A new 12-month subscription term begins on the upgrade date at the new plan rate.
- Full credit allocation for the new plan is granted immediately upon upgrade.
- Any unused credits from the previous plan are carried forward and added to the new plan allocation at the time of upgrade.
- No proration or credit is applied for unused time remaining on the previous plan.
4.2 Downgrades
- Plan downgrades take effect at the next renewal date.
- The current plan remains active and fully functional until renewal.
- Credits reset to the new, lower plan allocation at renewal.
- Unused credits from the previous (higher) plan are forfeited at renewal, subject to Section 3.1 carryover allowances.
5. Cancellation
- Subscriptions are annual and do not renew automatically. Subscribers who do not wish to renew simply do not respond to the renewal invoice. Access continues until the end of the current paid subscription period, after which the account is deactivated.
- Subscribers who wish to terminate access before the end of their paid period may notify Licensor in writing. Early termination does not entitle the subscriber to a refund of subscription fees or unused credits.
- Upon deactivation, result files and uploaded data are deleted in accordance with Section 9. Subscribers are responsible for downloading their results before the subscription period ends or the cancellation date becomes effective.
6. Free Trial
Trial access is subject to Licensor approval, which approval may be withheld, conditioned or delayed in pulsuus’ full and absolute discretion. Prospective subscribers may request a trial by submitting a request form at www.pulsuus.com/products/rpave. Submission of the request form requires agreement to these Terms of Service and the pulsuus Privacy Policy. Licensor reserves the right to approve, decline, or limit trial access at its sole discretion without obligation to provide a reason.
Upon approval, the trial period begins upon activation of the first user account associated with the applicant's company and expires after seven (7) days regardless of when subsequent users from the same company register. Trial credits are shared across all users within the company and are not renewed or extended upon addition of new users. One trial per company.
- Trial includes 50,000 shared credits and up to 3 users per company.
- No payment method is required to activate a trial.
- Conversion to a paid plan requires a signed subscription agreement and invoice payment.
- Trial accounts that are not converted to a paid plan are deactivated automatically at expiry, and any associated result files and uploaded data are deleted in accordance with Section 9.
7. Acceptable Use
Users may only access rPAVE through the provided web interface or the rPAVE application programming interface (API) using valid account credentials. API access is subject to the additional requirements of Section 8. The following uses are prohibited:
- Automating, scripting, or programmatically calling the rPAVE API in a manner that exceeds normal usage patterns or degrades service for other users.
- Submitting fabricated, duplicate, or artificially inflated data to manipulate credit consumption.
- Attempting to reverse-engineer, probe, or exploit the rPAVE API or underlying algorithms beyond normal use.
- Sharing authentication tokens, API credentials, or login credentials with any third party.
- Attempting to access another user's data, results, or account.
- Using the Service to intentionally degrade, disrupt, or overload server infrastructure.
- Using Service outputs, reconstructed profiles, or results for the purpose of reverse engineering, replicating, or deriving the underlying algorithms, methods, or computational approaches of the Service or any pulsuus product through artificial intelligence or machine learning (collectively, "AI/ML") or any other means.
- Using the Service to develop, benchmark, or validate any competing algorithm, model, or software product.
File uploads are subject to a maximum row limit determined by the subscriber's plan tier. Files exceeding this limit will be rejected at upload. Row limits are documented in the current pricing schedule available upon request. Licensor reserves the right to adjust these limits at any time, with or without notice.
Accounts found to be in violation of this Section may be suspended and/or terminated immediately without notice. Licensor reserves the right to determine, at its sole discretion, what constitutes a violation.
8. API Usage and Credit Integrity
Subscribers who access rPAVE via the API are subject to the following additional requirements, in addition to and not in replacement of the general acceptable use provisions of Section 7. Web interface users are subject to the general acceptable use provisions of Section 7. Violation of any of these constitutes a material breach of these Terms and may result in immediate suspension and/or termination of your account, forfeiture of unused credits, and liability for the value of any credits obtained without proper payment.
- (a) Accurate client identification. You must not modify, omit, or spoof any request header used by the Service to identify the originating client type. API integrations must identify themselves accurately.
- (b) Accurate content identification. You must not reuse, fabricate, or misrepresent any field used by the Service to identify the data being processed (including content hashes). Each value submitted for processing must be accompanied by the identifying information that genuinely corresponds to that data.
- (c) No circumvention of billing controls. You must not use any technical means — including header manipulation, session reuse, hash reuse, or request field manipulation — to reduce the number of credits deducted for rows processed, where such reduction does not reflect a legitimate re-run of previously processed data within the same upload session. A "legitimate re-run" means processing the same uploaded file multiple times within a single, continuous working session without re-uploading a different file in between; this exception exists solely to avoid double-charging when a subscriber stops and resumes processing of their own, unmodified data.
- (d) Rate limits. API calls are subject to rate limits per account. Repeated calls that exceed normal usage patterns may result in temporary or permanent suspension of API access without notice.
- (e) Audit cooperation. Licensor reserves the right to audit API usage logs. If audit evidence indicates systematic circumvention of billing controls, you agree that the number of credits owed shall be calculated from server-side processing records, not from the credits actually deducted at the time of processing.
9. Data, Results, and Retention
- Only the most recent processing run's result file is retained at any given time. Starting a new processing run permanently overwrites and deletes any previously stored result file, regardless of whether the configured retention period below has elapsed. Subject to that overwrite rule, result files are otherwise retained on Licensor's servers for the period configured in the Subscriber's account settings. Once that retention period elapses without being overwritten, the result file is automatically deleted from the server and cannot be recovered.
- Uploaded source data and intermediate processing files are removed when the subscriber uploads a new file, closes their browser session, or explicitly logs out. They are not automatically removed on a time-based schedule. Until one of these events occurs, such files remain on the server and may be used to resume or re-run analysis within the same upload session.
- Licensor recommends that Subscribers download their results promptly after each run completes, and in all cases before initiating a new processing run, since a new run will overwrite and permanently delete any previously stored result file as described above. Subscribers are solely responsible for downloading and independently retaining their own results within the applicable retention window.
- Licensor is not responsible for data loss occurring after the retention period expires, as a result of a new processing run overwriting a previous result file (including where the overwriting run was initiated by a different user within the same Subscriber account), or as a result of uploaded source data or intermediate processing files being removed upon a new file upload, session closure, or logout as described above.
- Licensor does not access subscriber data except for technical support purposes with the subscriber's explicit consent, or as required by Section 8(e) (Audit cooperation) or applicable law.
10. Account Sharing and Concurrent Sessions
Each user account is intended for use by a single individual and may not be shared with other users, whether within the same organization or otherwise. The Service permits only one active session per account at a time. If a second login occurs while a session is already active, the user initiating the new login will be prompted to confirm before the existing session is ended.
Ending a session in this manner may interrupt any analysis in progress on that session. While the Service makes reasonable efforts to preserve partial results, such preservation is not guaranteed in all circumstances.
Repeated or pervasive sharing of account credentials among multiple individuals constitutes a violation of these Terms and may result in suspension or termination of the account at Licensor's sole discretion.
Subscribers are responsible for safeguarding their login credentials and for all activity occurring under their account, regardless of whether such activity was authorized.
11. Intellectual Property
- Licensor owns the Service, including, without limitation, all algorithms, reconstruction methods, software, device models, associated databases, copyrights, trademarks, trade secrets, proprietary rights, patents, designs, titles, computer codes, and other intellectual property rights therein, and these Terms of Service do not transfer to you any title to or any proprietary or intellectual property rights in or to the Services, or any updates or derivative works thereto, except for the rights expressly granted in this Agreement. Licensor’s intellectual property is protected by United States intellectual property laws (e.g. copyright, trademark, patent, and trade secret laws) and applicable laws and international treaty provisions throughout the world. Furthermore, the structure, organization, and performance of the Services and any information identified as confidential by Licensor are valuable trade secrets and confidential information of Licensor. You agree to hold these trade secrets in confidence.
- "Device-Specific Database" means a database of response profiles developed by Licensor reflecting a particular vehicle configuration, transverse sensor offset, and response type (e.g., deflections or deflection slopes). "Default Database" means a Device-Specific Database developed by Licensor for a standard or common device configuration and made generally available to subscribers as part of their subscription tier, as opposed to one developed for a particular subscriber's individual device configuration. Device-Specific Databases, including any developed in connection with a subscriber's own device configuration, are confidential and proprietary to Licensor. The contents, structure, and parameters of a Device-Specific Database are not disclosed to subscribers and remain the sole property of Licensor, regardless of whether the database was developed in connection with a subscriber's device configuration or specifications.
- Subscribers receive a limited, non-exclusive, non-transferable, non-sublicensable license to use the Service for their own internal business purposes, subject to Section 12.
- No right to reverse engineer, decompile, reproduce, or redistribute any component of the Service is granted.
- Outputs generated by the Service (reconstructed profiles, results, and others) may be used by the subscriber for their own engineering and business purposes. Such use does not transfer any ownership of the underlying algorithms, methods, or models to the subscriber.
12. Permitted Use, Reselling, and Integration Licensing
12.1 Permitted Use
The Service is licensed for the subscriber's own internal business use only. Subscribers may use the Service to process pavement measurement data that they own, that was collected on their behalf, or that was provided to them by a client for analysis as part of a professional services engagement. All such use must occur under the subscriber's own account and credentials. The subscriber remains responsible for compliance with these Terms regardless of the source of the data being processed.
12.2 Prohibited Use — Reselling and White-Labeling
Subscribers may not:
- Resell, sublicense, or otherwise provide access to the Service to third parties;
- Build or operate a commercial service that offers pavement analysis powered by rPAVE to third parties, whether branded as rPAVE or under any other name;
- White-label or rebrand the Service or its outputs as a proprietary product;
- Use the Service as the basis for a competing pavement analysis platform;
- Grant API credentials or account access to any person or organization outside the subscriber's own company.
Violation of this Section constitutes a material breach and results in immediate account termination without refund. Licensor reserves the right to pursue damages for unauthorized commercial use.
12.3 Integration Licensing
Organizations wishing to integrate rPAVE into a commercial product, bundle it with hardware, or offer it as part of a managed service must obtain a separate integration license. No subscription includes integration rights by default. Contact Licensor to discuss integration licensing terms.
13. Privacy Policy
By using the Services, you consent to the information collection and usage terms set forth in Licensor’s Privacy Policy, which is incorporated herein by this reference and can be viewed at www.pulsuus.com/legal/privacy.
14. Disclaimer of Warranties
The Service is provided for analytical and informational purposes only. Results are intended to assist engineering judgment and do not constitute a professional engineering opinion, certification, or recommendation. Subscribers are responsible for independently verifying results and for all engineering decisions made in reliance on Service output. Licensor makes no warranty, express or implied, as to the accuracy, completeness, or fitness for any particular purpose of the results generated by the Service.
Processing speed and system performance may vary depending on server load, the size of submitted data, algorithm parameters, and the number of concurrent users. Licensor does not guarantee specific processing times or response speeds. Subscribers on shared infrastructure may experience variable performance during periods of high demand.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, LICENSOR DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE SERVICES AT ALL TIMES. YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME, AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THE SERVICES.
If you are a “consumer” under applicable law you may have legal rights in your country of residence that would prohibit the limitations above from applying to you, and where prohibited they will not apply to you. In such jurisdictions, and to the extent allowed by applicable law, implied warranties on the Services, if any, are limited to ninety (90) days. Furthermore, in such jurisdictions, and to the extent allowed by applicable law, Licensor’s entire liability and your exclusive remedy shall be repair or replacement of the Services that does not meet Licensor’s limited warranty and which is returned to Licensor by you together with a detailed explanation. This limited warranty is void if failure of the Services has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement of the Services will be warranted for the remainder of the original limited warranty period or thirty (30) days, whichever is longer.
Notwithstanding anything in this Agreement to the contrary, if you are a resident of a European Union member state, Licensor warrants that the Services will be fit for its intended purpose and of satisfactory quality, and the parties agree that this warranty is in lieu of all other warranties, whether oral or written, express or implied, including any other warranty of merchantability, fitness for a particular purpose, or non-infringement, and no other representations or warranties of any kind shall be binding on Licensor.
15. Limitation of Liability
TOTAL LIABILITY OF LICENSOR IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE SUBSCRIPTION FEES ACTUALLY PAID BY SUBSCRIBER IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL LICENSOR BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE A RESIDENT OF A EUROPEAN UNION MEMBER STATE, LICENSOR IS RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS REASONABLY FORESEEABLE RESULT OF LICENSOR’S BREACH OF THIS AGREEMENT OR ITS NEGLIGENCE, BUT IT IS NOT RESPONSIBLE FOR LOSS OR DAMAGE THAT IS NOT FORESEEABLE.
If you are a “consumer” you may have legal rights in your country of residence that would prohibit the limitations above from applying to you, and where prohibited they will not apply to you. In such jurisdictions, Licensor’s liability shall be limited to the greatest extent permitted by law and the limitations or exclusions of liability contained herein do not prejudice applicable statutory consumer rights of persons acquiring goods otherwise than in the course of business.
16. Device Models
- Device models are developed for specific device configurations as documented for each model.
- All subscribers are assigned Default Database(s) provided by Licensor, based on their subscription plan and device configuration. Default Databases are suitable for common device configurations and are available to all subscription tiers. Subscribers are encouraged to request a Device-Specific Database developed for their own device configuration for optimal accuracy. Access to additional or extended configurations, including extended sensor ranges or additional sensor counts, is subject to separate licensing terms available upon request.
- The specific parameters, computational methods, and internal configuration of each device model are proprietary and confidential to Licensor and are not disclosed to subscribers.
- Licensor reserves the right to add, modify, or update standard device models with 90 days' notice to active subscribers using the affected model. Updates to standard models are provided to maintain or improve accuracy and compatibility.
- Device-Specific Databases remain the sole property of Licensor and are accessible only to the subscriber for whom they were developed, by default. A subscriber wishing to make their Device-Specific Database accessible to other designated rPAVE subscribers — for example, to enable clients to process data collected using the subscriber's device — must submit a written request to Licensor identifying the specific subscriber accounts to be granted access. Such requests are subject to Licensor approval, do not disclose internal parameters or methods to any party, and do not transfer ownership rights. No additional fee is charged for approved sharing with the requesting subscriber's direct clients.
17. Service Access
- rPAVE is accessible through a web-based interface available at rpave.pulsuus.com and through an API for subscribers who require programmatic access. Both access methods are subject to the same Terms, including Sections 7 and 8.
- API access is available to all subscribers. Licensor provides API documentation and integration support to Enterprise, and Platform tier subscribers. For Verification, Starter, Educational and Pro tier subscribers, API access is provided on an unsupported, self-service basis — Licensor is not obligated to provide documentation, onboarding assistance, or technical support for API integration at these tiers.
- API credentials are non-transferable and may not be shared between companies or individuals.
- Licensor reserves the right to update, modify, or impose additional conditions on API access at any time with reasonable notice. Use of any knowledge of the API — whether obtained through documentation, observation, or other means — to develop competing software, reverse-engineer Service behavior, or circumvent any billing or access control is prohibited.
- Rate limits apply to both web interface and API usage and may be updated from time to time. Current limits are provided to subscribers upon request or at the time of access.
18. Modifications to Terms
We reserve the right, at any time, to add to, change, update, or modify these Terms, simply by posting such change, update, or modification on our website and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on our website for all new subscribers. It is your responsibility to review these Terms from time to time to ensure that you continue to agree with all of their terms. When we change these Terms, we will reflect the "last modified" date at the top of this document.
Notwithstanding the foregoing, any subscriber who agreed to these Terms at the time of their subscription will continue to be governed by the version of these Terms in effect at that time of subscription, for the duration of their subscription. Subscribers may cancel their subscription at any time in accordance with Section 5.
Notwithstanding the foregoing, the grandfathering described in this section applies solely to the legal terms and conditions set forth in this document, and does not restrict pulsuus, llc's right to modify, update, improve, or discontinue features of the Service itself. Subscribers are not entitled to continued access to any specific version, feature, or configuration of the Service as a result of the version of these Terms under which they subscribed.
19. Suspension and Termination
Accounts violating these Terms may be suspended and/or terminated immediately without notice. Licensor reserves the right to determine what constitutes a violation at its sole discretion. Suspension or termination under this Section does not entitle the subscriber to a refund of subscription fees or unused credits, except where required by applicable law. Access to the Service requires a valid license. Upon license expiry, the Service will reject new file uploads and processing runs. Result files and uploaded data associated with a suspended or terminated account are retained and automatically deleted in accordance with the retention period described in Section 9, whether or not the account is subsequently reinstated. Subscribers are responsible for monitoring their license expiry date, which is displayed in the Service interface.
20. Governing Law
These Terms are governed by the laws of the State of Florida, USA. Any dispute shall be resolved by binding arbitration in Florida before a single arbitrator administered by JAMS pursuant to its then-current Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
Notwithstanding the foregoing, the binding arbitration requirement in this Section does not apply to Subscribers that are federal, state, or local government entities to the extent such entities are prohibited by applicable law from agreeing to arbitration; disputes with such Subscribers shall instead be resolved in the venue and manner required by applicable law governing that Subscriber.
21. Severability and Entire Agreement
If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect. These Terms, together with any order form or subscription agreement signed by the parties, constitute the entire agreement between Subscriber and Licensor with respect to the Service.