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Orgpulse 360
Terms & Conditions

Effective date: August 21, 2025

These Terms & Conditions ("Terms") govern access to and use of the websites, forms, dashboards, SMS program, and related services provided by Orgpulse 360, LLC ("Orgpulse 360," "we"). By accessing or using the Services, you agree to these Terms.

If you are an employee participant, your employer is our client and controls how your survey program is configured. If you are an employer client, these Terms apply together with any order form, master services agreement, or data processing addendum (collectively, the "Agreement"). In case of conflict, the signed Agreement controls.
 

1) Accounts & Access

  • Employers may provision access for authorized users (e.g., HR leaders, managers). You are responsible for safeguarding credentials and all activity under your account.

  • We may modify or discontinue features with reasonable notice. We may suspend or terminate access for breach of these Terms or misuse of the Services.
     

2) Survey Program

  • The program typically delivers 74 questions over an ~8‑week period via links (and optionally SMS) and collects 0–5 scale ratings and optional comments.

  • Employers are responsible for: (i) providing accurate roster data; (ii) defining cohorts/visibility rules; and (iii) ensuring they have the necessary legal basis to invite employees and review results.

  • We may send reminders and program communications by email or SMS per the Privacy Policy and applicable law.
     

3) Permitted & Prohibited Uses

You agree not to:

  • Use the Services for unlawful, discriminatory, harassing, or deceptive conduct.

  • Upload content containing personal health information, payment card data, or other regulated data unless expressly permitted in writing.

  • Attempt to access other users’ data, reverse engineer, or disrupt the Services.

  • Misrepresent survey insights as legal, medical, or compliance advice.

You may use the Services solely for internal business purposes and in compliance with these Terms and applicable law.
 

4) Client Data & Results

  • "Client Data" includes roster information, survey responses, and any content provided by or on behalf of the employer. As between the parties, the employer retains all rights to Client Data.

  • We process Client Data to provide the Services and to generate dashboards and insights. We may use aggregated or de‑identified data for benchmarking and product improvement, provided it does not identify any individual or client.

  • Employers control visibility settings (e.g., whether managers can view team‑level results). We are not responsible for employer decisions made using the results.
     

5) SMS Program Terms

  • Opt‑in is required. Message frequency is typically 2–4 msgs/week during active survey periods; frequency may vary. Msg & data rates may apply.

  • Reply STOP to opt out; HELP for help. See the Privacy Policy for details.
     

6) Third‑Party Services

Certain features rely on third‑party providers (e.g., form hosting, cloud infrastructure, SMS delivery, analytics). We are not responsible for third‑party products or terms, and your use may be subject to their policies.
 

7) Intellectual Property

The Services, software, and content we provide (excluding Client Data) are owned by Orgpulse 360 or our licensors and are protected by intellectual property laws. You receive no rights except as expressly granted in these Terms or an Agreement.
 

8) Confidentiality

Each party may receive non‑public information from the other. The receiving party will protect such information with reasonable care and use it only as permitted by these Terms or an Agreement. This section does not limit disclosures required by law with reasonable prior notice where permitted.
 

9) Disclaimers

THE SERVICES AND ANY INSIGHTS OR DASHBOARDS ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. SURVEY OUTPUTS ARE INFORMATIONAL ONLY AND DO NOT CONSTITUTE LEGAL, HR, OR COMPLIANCE ADVICE.
 

10) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORGPULSE 360 WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY THE EMPLOYER CLIENT FOR THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations; in those cases, liability will be limited to the maximum extent permitted.
 

11) Indemnification

Employer clients will indemnify and hold Orgpulse 360 harmless from claims, damages, liabilities, and costs arising out of (i) Client Data; (ii) employer’s use of the Services in violation of law; or (iii) breach of these Terms.
 

12) Term; Termination

These Terms apply while you access the Services. Either party may terminate for material breach not cured within 30 days after notice. Upon termination, access will cease and we will handle Client Data per the Agreement and Privacy Policy.
 

13) Governing Law & Disputes

These Terms are governed by the laws of the State of Montana, USA, without regard to conflict‑of‑laws rules, except where mandatory law of another jurisdiction applies. The parties consent to the exclusive jurisdiction of state and federal courts located in Missoula County, Montana for disputes not subject to arbitration.

Arbitration (optional—remove if not desired): Any dispute arising from these Terms will be resolved by binding arbitration administered by [select provider, e.g., AAA] under its commercial rules. Judgment on the award may be entered in any court of competent jurisdiction. Either party may seek injunctive relief for misuse of IP or confidential information.
 

14) Changes to the Services or Terms

We may update features and these Terms from time to time. If we make material changes, we will provide notice (e.g., via the site or email). Continued use after changes indicates acceptance.
 

15) Contact

Orgpulse 360
Email: frank.bodikerj@orgpulse360.com
Phone: 907-590-3338
Address: 4205 21ST AVE MISSOULA, MT 59803-1226
 

Appendices / Optional Add‑Ons

  • Data Processing Addendum (DPA): For clients subject to GDPR/UK/Quebec or U.S. state privacy laws, we provide a DPA on request.

  • Acceptable Use Policy (AUP): May further detail prohibited content and conduct.

  • Service Level Objectives (SLOs): Uptime/response targets if applicable.

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