Pulse End User License Agreement

Last updated: June 2026

This End User License Agreement ("Agreement") is between you and Alex Hovenkamp / KlompTech ("Licensor") for the Pulse self-hosted software ("Software").

1. Parties and acceptance

This End User License Agreement ("Agreement") is a legal contract between Alex Hovenkamp ("Licensor", "we", "us") and the individual or legal entity that purchases, downloads, installs, or uses the Pulse software ("Customer", "you").

By purchasing, downloading, installing, accessing, or using Pulse, you agree to be bound by this Agreement. If you do not agree, do not purchase, install, or use the Software.

If you accept this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity. In that case, "you" and "Customer" refer to that entity.

Electronic acceptance. You agree that electronic acceptance (including clicking to purchase, downloading, or first use) has the same legal effect as a signed agreement.

This Agreement governs your license to use the Software. Terms relating to purchase, payment, and delivery are set out in the Terms of Sale, which are incorporated into this Agreement by reference.

Order of precedence. If there is a direct conflict between this Agreement and the Terms of Sale regarding license rights, restrictions, warranty, or liability, this Agreement prevails. If there is a conflict regarding price, payment, delivery, or refunds, the Terms of Sale prevail. The Support Policy describes contact channels only and does not create support, maintenance, or update obligations.

No reliance on marketing. Product descriptions, demos, screenshots, roadmap discussions, emails, and sales materials are illustrative only. Only this Agreement, the Terms of Sale, and the Support Policy (as applicable) define your rights.

2. Definitions

"Affiliate" means an entity that directly or indirectly controls, is controlled by, or is under common control with Customer, where "control" means ownership of more than fifty percent (50%) of voting interests.

"Authorized Users" means Customer's employees and contractors who access the Software while performing work for Customer.

"Confidential Information" means the Software, Documentation, non-public pricing, and any other non-public information disclosed by Licensor that is marked or reasonably understood to be confidential.

"Documentation" means the installation and user guides included with your purchase (for example, INSTALL.md and PULSE-GUIDE.md).

"Internal Use" means use of the Software solely for Customer's own internal business operations by Authorized Users, on infrastructure controlled by or contracted for Customer, and not for the benefit of unaffiliated third parties.

"Order" means your purchase of a license through Gumroad or another channel authorized by Licensor.

"Permitted Environment" means computing infrastructure operated for Customer's benefit, including on-premises servers, private cloud, virtual private cloud, colocation, and managed hosting where Customer (not the host) is the licensee.

"Software" means the Pulse application version delivered with your Order, including the Docker image and containerized binaries for that version, and the Documentation supplied with that delivery. It does not include future versions, updates, patches, or new releases unless separately agreed in writing. It does not include your configuration files, credentials, or exported data.

3. License grant

Subject to your payment of applicable fees and your ongoing compliance with this Agreement, Licensor grants you a limited, perpetual, non-exclusive, non-transferable, non-sublicensable license to:

(a) install and run the delivered version of the Software in object-code form within a Permitted Environment;

(b) use the Software for Internal Use by Authorized Users;

(c) make reasonable backup copies of the Software solely for disaster recovery and archival purposes, provided such copies remain subject to this Agreement and are not used concurrently with the primary deployment beyond what is necessary for failover or recovery;

(d) configure and operate the Software using environment variables, configuration files, secrets stores, reverse proxies, and standard deployment tooling as described in the Documentation; and

(e) use the Documentation solely in support of licensed use of the Software.

No implied rights. No rights are granted except as expressly stated. All rights not expressly granted are reserved by Licensor.

4. Scope of license

4.1 One Customer per license

Unless otherwise agreed in writing, each license is granted to one individual or one legal entity. The organization named on the purchase receipt (or otherwise identified at purchase) is the Customer.

A separate license is required for each unrelated legal entity, including Affiliates, unless each entity has its own valid license.

4.2 Organization-wide internal access

For a license granted to a legal entity, any number of Authorized Users may access the Software while it runs in a Permitted Environment (for example, an internal server, private cloud, or network accessible via VPN). A separate per-seat or per-named-user license is not required for typical self-hosted internal deployment.

4.3 Deployment flexibility

Without limiting Section 3, you may deploy the Software using Docker, Docker Compose, Kubernetes, Helm charts, or comparable orchestration tools. You may:

run production, staging, and disaster-recovery instances that support a single licensed Customer deployment;
operate the Software in a high-availability or multi-node configuration;
deploy across multiple regions or data centers for resilience, provided all instances serve the same Customer and are not used to provide the Software to third parties; and
perform configuration changes, restarts, container recreation, image retagging for internal tracking, and host replacement in the ordinary course of operations.

4.4 Managed infrastructure and contractors

Customer may engage hosting providers, managed service providers, or consultants to administer the Permitted Environment or assist with deployment, provided they:

access the Software only on Customer's behalf and under Customer's control;
are bound by confidentiality and use obligations no less protective than this Agreement; and
do not use the Software to provide a competing product or service to third parties.

Engaging a contractor does not transfer the license or permit use by another legal entity as Customer.

4.5 Version scope — no right to updates

Your license covers only the Software version identified in your Order and delivered at download (for example, pulse:1.0.0). You have no right to later versions, upgrades, bug fixes, security patches, compatibility updates, or new features.

Replacing the container image with any other version requires a separate purchase or written agreement, unless that specific version was included in your Order.

5. Restrictions

Except as expressly permitted in this Agreement or required by mandatory applicable law, you may not:

(a) redistribute, sell, rent, lease, lend, sublicense, or otherwise make the Software available to any third party;

(b) make the Software available to any third party as a hosted, managed, or software-as-a-service offering, including multi-tenant, white-label, time-sharing, or bureau arrangements;

(c) share the Software, Docker image, download files, or license materials with another legal entity, including Affiliates, unless each entity holds its own valid license;

(d) modify, adapt, translate, or create derivative works of the Software;

(e) reverse engineer, decompile, or disassemble the Software, except to the extent such restriction is prohibited by mandatory applicable law (including, where applicable, Article 6 of Directive 2009/24/EC on the legal protection of computer programs, implemented in Dutch law);

(f) remove, alter, or obscure any proprietary notices on or in the Software or Documentation;

(g) publish benchmarks, performance tests, or comparisons that disclose Confidential Information without Licensor's prior written consent;

(h) use the Software in violation of applicable law, export control rules, or third-party rights;

(i) use the Software to develop or offer a competing product or service; or

(j) circumvent technical measures that restrict use to licensed scope.

6. Ownership, trademarks, and feedback

6.1 Ownership

The Software is licensed, not sold. Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights. Customer acquires no ownership interest in the Software.

Customer retains ownership of Customer's configuration files, credentials, API tokens, and data processed or exported through the Software. Customer is solely responsible for securing access to Customer's infrastructure and third-party accounts (such as Jira Cloud or ClickUp).

6.2 Trademarks

"Pulse" and related branding are trademarks of Licensor. This Agreement does not grant any license to use Licensor's names, logos, or trademarks except as necessary for reasonable internal reference to the licensed product.

6.3 Feedback

If you provide suggestions, ideas, or feedback about the Software, you grant Licensor a perpetual, irrevocable, royalty-free right to use and incorporate that feedback without obligation to you, compensation, or attribution.

7. Confidentiality

Customer shall treat the Software and Confidential Information as confidential and use at least reasonable care to protect them. Customer may disclose Confidential Information only to Authorized Users and contractors who need to know and are bound by confidentiality obligations.

These obligations do not apply to information that: (a) is or becomes public through no fault of Customer; (b) was lawfully known to Customer before receipt; (c) is independently developed without use of Confidential Information; or (d) is disclosed under legal compulsion, with notice to Licensor where permitted.

8. Third-party services, data, and metrics

8.1 Third-party services

The Software integrates with third-party services (for example, Jira Cloud and ClickUp) using credentials and configuration supplied by Customer. Licensor does not provide those services and is not responsible for their availability, terms, pricing, API changes, rate limits, outages, or data handling.

Licensor has no obligation to modify the Software to maintain compatibility with third-party API changes, deprecations, or new platform features.

8.2 Data protection

In a typical self-hosted deployment, Customer controls where the Software runs and what data is processed. Customer is the controller (or equivalent) of operational data processed in Customer's environment. Licensor does not routinely collect or process Customer's Jira/ClickUp issue data. Licensor may process purchase and contact information as described in the Terms of Sale.

Customer is solely responsible for its own compliance with applicable data protection law in connection with Customer's use of the Software.

8.3 Metrics and outputs — no professional advice

The Software displays metrics and charts derived from data retrieved from Customer's configured third-party accounts. Outputs are informational only. Licensor does not warrant accuracy, completeness, or fitness for any purpose.

Customer is solely responsible for:

configuring workflow status names, squad mappings, and rules correctly;
verifying metrics before using them for staffing, performance, compensation, or business decisions; and
any actions taken based on dashboard outputs.

The Software is not legal, HR, financial, or professional advice. Licensor is not liable for decisions made based on metrics or exports.

8.4 Security

Customer is solely responsible for securing its deployment, including network access, authentication, TLS, secrets management, patching of the host OS, and Docker environment. Licensor has no obligation to provide security updates, vulnerability notifications, or patches for the licensed version.

9. Updates, maintenance, and support

No updates. Licensor has no obligation to provide updates, upgrades, bug fixes, security patches, hotfixes, compatibility changes, or new features — whether during or after your purchase.

No maintenance. Licensor does not maintain Customer's deployment, infrastructure, or integrations.

No support. Technical support, installation assistance, configuration help, and troubleshooting are not included and are not provided unless separately agreed in a signed written agreement with fees.

The Support Policy describes licensing and order inquiries only. It does not create a support relationship.

10. Warranty disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS.

LICENSOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPATIBLE WITH FUTURE THIRD-PARTY APIS, FREE OF VULNERABILITIES, OR MEET YOUR REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED.

CUSTOMER IS SOLELY RESPONSIBLE FOR SELECTING THE SOFTWARE, IMPLEMENTING SECURITY CONTROLS, TESTING IN CUSTOMER'S ENVIRONMENT, AND VERIFYING ALL RESULTS.

Some jurisdictions do not allow exclusion of certain warranties. In those jurisdictions, the above exclusions apply only to the extent permitted by law.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) Cap. Licensor's total aggregate liability arising out of or relating to this Agreement, the Software, or the Order shall not exceed the greater of (i) the amount you paid to Licensor for the Software giving rise to the claim, or (ii) EUR 50.

(b) Excluded damages. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS, CONTRACTS, OR BUSINESS INTERRUPTION, OR FOR COST OF SUBSTITUTE GOODS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) Specific exclusions. Without limiting the foregoing, Licensor is not liable for damages arising from: (i) Customer's configuration or misuse; (ii) third-party services or API changes; (iii) unauthorized access to Customer's environment; (iv) metrics or decisions based on dashboard outputs; (v) use of an unsupported version; or (vi) events outside Licensor's reasonable control.

(d) Dutch law. The limitations in this Section 11 apply to the fullest extent permitted under the laws of the Netherlands, including Book 6 of the Dutch Civil Code (Burgerlijk Wetboek) where applicable.

(e) Essential purpose. The parties acknowledge that the limitations in this Section 11 reflect a reasonable allocation of risk and are an essential basis of the bargain. The Software would not be supplied at the current price without these limitations.

(f) Time limit. Any claim against Licensor arising out of this Agreement must be brought within one (1) year after the event giving rise to the claim, unless mandatory law requires a longer period.

Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under mandatory applicable law (including, where applicable, liability for death or personal injury caused by wilful misconduct or fraud).

12. Indemnification

Customer shall defend, indemnify, and hold harmless Licensor from and against any third-party claims, damages, losses, and expenses (including reasonable legal fees) arising from:

(a) Customer's use of the Software in breach of this Agreement; (b) Customer's configuration, data, or integration with third-party services; (c) Customer's violation of law or third-party rights; or (d) decisions or actions taken by Customer based on Software outputs,

except to the extent caused by Licensor's wilful misconduct or fraud.

13. Compliance and audit

Customer shall maintain records of its licensed deployment sufficient to demonstrate compliance with this Agreement. Upon reasonable written notice and no more than once per twelve (12) months (unless Licensor has good-faith reason to believe a material breach), Licensor may request written certification of compliance. Customer shall respond within thirty (30) days.

If Licensor reasonably believes Customer is materially breaching Section 5, Licensor may seek injunctive or equitable relief in addition to any other remedies available at law.

14. Term and termination

14.1 Term

This Agreement is effective when you first accept it and continues until terminated.

14.2 Termination by Licensor

Licensor may terminate this Agreement immediately upon written notice if you materially breach this Agreement and fail to cure the breach within fourteen (14) days after notice (where cure is possible).

14.3 Termination by Customer

You may terminate this Agreement at any time by ceasing all use of the Software and destroying all copies in your possession or control.

14.4 Effect of termination

Upon termination, your license ends immediately. You must stop using the Software and destroy all copies (including backups), except to the extent retention is required by law. Sections that by their nature should survive termination will survive.

15. Transfer and assignment

Customer. You may not assign, delegate, or transfer this Agreement or any rights under it without Licensor's prior written consent. Any attempted transfer in violation of this Section is void. A change of control of Customer to an unaffiliated third party is a transfer requiring consent.

Licensor. Licensor may assign this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets relating to the Software, or to an affiliate, provided the assignee agrees to honor this Agreement.

16. Changes to this Agreement

Licensor may publish updated terms for future purchases only. The version in effect at the time of your Order governs your license unless otherwise required by law or agreed in writing.

17. General provisions

Governing law. This Agreement is governed by the laws of the Netherlands, without regard to conflict-of-law rules.

Disputes. The courts of the Netherlands shall have exclusive jurisdiction, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property or Confidential Information, and except where mandatory consumer law grants you jurisdiction in your country of residence.

Entire agreement. This Agreement, together with the Terms of Sale and Support Policy, constitutes the entire agreement between the parties regarding the Software and supersedes all prior or contemporaneous understandings, proposals, and communications (oral or written) on that subject.

Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be replaced by a valid provision that most closely reflects the original intent.

Waiver. Failure to enforce any provision is not a waiver of that provision or any other provision. A one-time courtesy response to an email does not waive Licensor's right to enforce this Agreement.

Force majeure. Neither party is liable for delay or failure to perform due to events beyond its reasonable control (including natural disasters, war, terrorism, labor disputes, internet or utility failures, pandemics, or governmental actions), provided the affected party uses reasonable efforts to mitigate impact.

Notices. Notices to Licensor must be sent to klomptech@proton.me. Notices to Customer may be sent to the email address associated with the purchase.

Independent contractors. The parties are independent contractors. This Agreement does not create a partnership, joint venture, or agency relationship.

Export and sanctions. Customer shall comply with applicable export control, sanctions, and trade laws. Customer represents it is not located in, organized in, or ordinarily resident in a country or territory subject to comprehensive embargoes, and is not a denied or restricted party under applicable sanctions lists.

Headings. Section headings are for convenience only and do not affect interpretation.

Language. This Agreement is in English. Any translation is for convenience only; the English version controls to the extent permitted by law.

Reservation of rights. All rights not expressly granted to Customer are reserved by Licensor.

18. Contact

Alex Hovenkamp
Email: klomptech@proton.me (licensing and order inquiries only — see Support Policy)

Pulse End User License Agreement v1.0.0