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Legal
These Terms govern your use of the sightpulse.ai website and your use of the SightPulse platform, including when you obtain it through Microsoft Marketplace. SightPulse is offered to businesses only.
In short
The website and the SightPulse platform are offered by SightPulse AG, a company limited by shares under Swiss law, registered in the commercial register of the Canton of Zug under UID CHE-344.951.907, with its registered office at Dammstrasse 19, 6300 Zug, Switzerland (“SightPulse“, “we“, “us“).
SightPulse AG is a majority-owned subsidiary of CBS Systems d.o.o., Karađorđeva 43, 11000 Belgrade, Serbia (founded 2007). CBS Systems develops, operates and supports the SightPulse platform for us as our principal subcontractor, under an information security management system certified to ISO/IEC 27001:2022 and a quality management system certified to ISO 9001:2015 by TÜV NORD CERT GmbH (certificates no. 44 121 26430130 and 44 100 26430130, valid until 2 September 2029). SightPulse AG remains fully responsible to you for the work of its subcontractors.
Part A applies to everyone who uses the website. Part B applies to the SightPulse platform when a customer obtains it (a) through a Microsoft Marketplace offer published by SightPulse AG, or (b) under an order form, proposal or agreement that incorporates these Terms by reference. Part C applies in addition to Part B when a customer uses the SightPulse Demo plan.
Our Microsoft Marketplace offers are published with these Terms as the publisher’s own terms and conditions. The text shown in Microsoft Marketplace summarises and incorporates these Terms; if it conflicts with these Terms, these Terms apply. The Standard Contract for Microsoft Marketplace does not apply unless a private offer expressly says so.
If documents conflict, the following order applies, highest first:
Your purchase of Azure infrastructure and the Microsoft Marketplace transaction itself (invoicing and payment) are governed by your agreements with Microsoft. We are not a party to them.
Business use only. The website and the platform are intended for companies and professionals acting in the course of their business. They are not offered to consumers. By accepting these Terms on behalf of an organisation, you confirm that you are authorised to bind it.
| Activation | Our enablement of the Platform for Customer Data at the Tier agreed in an accepted Private Offer or Order, after the Data Complexity Assessment. |
|---|---|
| Affiliate | An entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of more than 50% of the voting interests. |
| Authorised User | An employee or contractor of the Customer whom the Customer permits to use the Platform. |
| Customer | The organisation that obtains a subscription to the Platform, including a Demo plan. |
| Customer Data | All data that the Customer or its Authorised Users make available to the Platform, or that the Platform processes from the Customer’s systems and data sources, including personal data. |
| Customer Tenant | The Customer’s own Microsoft Entra ID tenant and Azure subscription(s) into which the Platform is deployed. |
| Data Complexity Assessment | Our assessment, carried out with the Customer, of the granularity, variety and overall complexity of the Customer’s data and of the modelling scope, which determines the Tier and the price in the Private Offer or Order. |
| Demo plan | The private, free-of-charge SightPulse Demo plan, available by invitation, running on a synthetic dataset. |
| Documentation | The technical and user documentation we make available for the Platform, as updated from time to time. |
| Managed Resource Group | The Azure resource group in the Customer Tenant that contains the Platform’s resources and is managed by us as publisher of the Azure Managed Application. |
| Market | A country, or another commercial unit agreed in the Private Offer or Order, for which the Customer uses the Platform. Prices are set per Market. |
| Outputs | Analyses, segments, scores, forecasts, opportunity sizings, recommendations, target lists, reports and narratives generated by the Platform for the Customer. |
| Plan | A plan of our Microsoft Marketplace offer, such as Core, Advanced, Pro or Demo. |
| Platform | The SightPulse software, including its statistical and machine-learning engine, the Analyst and domain agents, connectors, updates and Documentation, delivered as an Azure Managed Application. |
| Private Offer | A customer-specific offer we issue through Microsoft Marketplace, with the price, term, scope and attached terms agreed with the Customer. |
| Tier | The scope level of a subscription (Core, Advanced or Pro, or a scope agreed between them), defined by data level, modelling scope, refresh cadence and support level. |
| Website | sightpulse.ai and its sub-pages. |
By accessing the Website you agree to Part A. If you do not agree, please do not use the Website. You must be at least 18 years old and use the Website for business purposes.
All content on the Website, including text, graphics, diagrams, videos, logos and software, is owned by SightPulse AG, its Affiliates or its licensors and is protected by intellectual property laws. “SightPulse” and the SightPulse logo are trade names and marks of SightPulse AG or its Affiliates. You may view and print pages for your internal evaluation of our services. Any other use requires our prior written consent.
You must not:
Responsible disclosure. If you believe you have found a security vulnerability in the Website or the Platform, please report it to security@sightpulse.ai and give us reasonable time to fix it before any disclosure. We will not pursue good-faith researchers who follow this process and do not access, change or retain data that is not theirs. This applies to the Website and to systems we operate; Platform deployments run in our customers’ own tenants and may be tested only with that customer’s authorisation.
Website content describes our company and services in general terms. It is not an offer, and it is not legal, financial or commercial advice. Prices shown on the Website or in Microsoft Marketplace are indicative list prices; the binding price is the one in an accepted Private Offer or signed Order. Results described in case studies depend on each client’s data, market and execution and are not a promise of similar results.
The Website may link to third-party websites or services, including Microsoft Marketplace and social networks. We do not control them and are not responsible for their content, availability or privacy practices.
We may change, suspend or discontinue any part of the Website at any time. We do not guarantee that the Website will be uninterrupted or error-free.
The Website is provided free of charge and “as is”. To the extent permitted by law, we exclude all liability arising from your use of the Website. Nothing in these Terms excludes or limits liability for unlawful intent or gross negligence, or any other liability that cannot be excluded under mandatory law.
Our Privacy Policy explains how we handle personal data collected through the Website and in our business relationships.
The Platform is deployed as an Azure Managed Application into the Customer Tenant, in the Azure region the Customer selects at deployment. Platform resources sit in a Managed Resource Group in the Customer’s subscription. The Platform connects to Customer data sources in place, such as data warehouses, lakehouses and operational systems, and does not require the Customer to move its data outside its own Azure subscription.
Every Tier includes the Analyst and the SightPulse domain agents. The Tier determines the data the Platform processes, the modelling scope, the refresh cadence and the support level, as described in the Plan and confirmed in the Private Offer or Order.
Azure infrastructure consumed by the Platform is billed to the Customer by Microsoft under the Customer’s Azure agreement and is not included in our fees.
Subject to payment of the applicable fees and compliance with these Terms, we grant the Customer a non-exclusive, non-transferable, non-sublicensable right, for the subscription term, to use the Platform for its internal business purposes through its Authorised Users, and, where the Order says so, through its Affiliates. All rights not expressly granted are reserved.
The Customer must not, and must not allow others to: (a) copy, modify or create derivative works of the Platform except as the Documentation allows; (b) decompile, disassemble or reverse engineer the Platform, except to the extent mandatory law permits; (c) remove, bypass or tamper with the Managed Resource Group’s deny assignments, licence checks or activation controls; (d) resell, rent or provide the Platform to third parties as a service; (e) use the Platform to build a competing product; or (f) use the Platform in breach of applicable law, including data protection, export control and sanctions law.
The Customer is responsible for: (a) maintaining the Customer Tenant and the Azure subscription, including its identity, network and access policies; (b) ensuring it has the rights, notices, consents and legal bases needed to make Customer Data available to the Platform, including under licences from third-party data providers such as syndicated market data and research agencies; (c) where the Customer uses the Platform on individual-level consumer data, including linking or matching consumer records across its own sources, determining the lawfulness of that processing and carrying out any data protection impact assessment required by law, with our reasonable assistance under the DPA; (d) the acts of its Authorised Users and the security of their credentials; and (e) reviewing Outputs before relying on them for business decisions.
As publisher of the Azure Managed Application, our designated operations personnel can be granted access to the Managed Resource Group to deploy updates, monitor health and resolve incidents. The Customer chooses one of two access modes where the Plan offers both:
| Mode | How it works |
|---|---|
| Standard operational access | Named, role-based access for our operations team to the Managed Resource Group only, used solely for operating, updating and supporting the Platform. |
| Just-in-time access | No standing elevated access. Each access request is time-limited and must be approved by the Customer through Azure’s just-in-time access for managed applications before it is granted. |
In both modes, access is limited to the Managed Resource Group, requires multi-factor authentication, and control-plane operations are recorded in the Azure Activity Log of the Customer’s subscription. Personal data in Customer Data is processed in pseudonymised form by default, wherever the use case allows. Our personnel view direct identifiers, such as names or email addresses, only where needed to debug, provide support or resolve an incident. We have no access to Customer resources outside the Managed Resource Group unless the Customer grants it explicitly.
The Platform’s analytical results are produced by statistical and machine-learning models working on Customer Data. Language models are used to interpret requests, select and orchestrate the analyses the agents run, and explain results in natural language; they do not generate the numerical results. To do this, agents pass the language model the data a task needs, which can include Customer Data such as analysis results or customer-level sales from loyalty or e-commerce data, pseudonymised where the use case allows. Outputs are traceable to the underlying data, and the Platform flags where results are inferred rather than observed or where input data is insufficient.
The Platform is model-agnostic. The language model endpoint for each deployment is set in the Private Offer or Order: either an endpoint the Customer provides, such as Azure OpenAI or Azure AI Foundry in its own subscription, or a model service we provide. Where the Customer provides the endpoint, or connects other AI services for the agents to use as tools or inputs, such as Microsoft Fabric data agents, Databricks Genie or other data agents, processing by those services, including where data is processed and how long it is kept, is governed by the Customer’s agreement with their provider, and data may leave the Customer Tenant to that provider. Where we provide the model service, its provider is named in the Private Offer or Order and acts as our sub-processor under the DPA, on terms that do not allow it to train models on Customer Data. Outputs can contain errors. The Customer remains responsible for decisions it takes and for appropriate human review.
We may update the Platform to add features, fix defects and address security issues. We will not materially reduce the core functionality of the Platform during a paid subscription term. Updates are rolled out to the Managed Resource Group in line with the access mode selected in B7. Support channels, hours and any service levels are those stated in the Plan, Private Offer or Order. If none are stated, we provide commercially reasonable support by email to support@sightpulse.ai during business hours in Central European Time. See our Support page.
Where the Customer buys through Microsoft Marketplace, Microsoft invoices and collects the fees under the Customer’s Marketplace terms. Microsoft bills an Azure Managed Application monthly for as long as it is deployed. Where a Private Offer or Order sets a minimum term, the Customer remains liable for the fees for that term even if it deletes the deployment early, and we may invoice any remaining amount directly. Where we invoice directly, invoices are payable within 30 days of the invoice date. Fees are exclusive of VAT and other taxes, which are added where applicable. We may suspend Activation after written notice if undisputed amounts remain unpaid for more than 30 days after the due date.
Each party will keep the other party’s confidential information confidential, use it only to perform or exercise rights under the applicable agreement, and disclose it only to its and its Affiliates’ employees, subcontractors and advisers who need to know it and are bound by equivalent obligations. Customer Data and Outputs are the Customer’s confidential information. The Platform, its Documentation and the commercial terms of any Private Offer are our confidential information. These obligations survive for five years after termination, and indefinitely for trade secrets and Customer Data.
We warrant that, after Activation and during the subscription term, the Platform will perform materially in accordance with the Documentation, and that we will not knowingly introduce malicious code. If the Platform does not conform, we will, at our option, correct the non-conformity or, if we cannot do so within a reasonable time, allow the Customer to terminate the affected subscription and refund prepaid fees for the remaining term. This is the Customer’s sole remedy for breach of this warranty. Except as expressly stated, and to the extent permitted by law, the Platform is provided without further warranties, including as to fitness for a particular purpose or the commercial results of decisions based on Outputs.
We will defend the Customer against third-party claims alleging that the Platform, as provided by us, infringes that third party’s intellectual property rights, and pay damages and costs finally awarded or agreed in settlement, provided the Customer notifies us promptly, gives us control of the defence and cooperates reasonably. This does not apply to claims arising from Customer Data, third-party models or services selected by the Customer, combinations with items we did not supply, or modifications we did not make.
Each party’s total liability arising out of or in connection with the Platform is limited to the fees paid or payable by the Customer for the Platform in the twelve months before the event giving rise to the claim. Neither party is liable for indirect or consequential loss, lost profit, lost revenue or loss of goodwill. These limitations do not apply to liability for unlawful intent or gross negligence, to the Customer’s payment obligations, to breach of B4, to breach of B11 other than in relation to Customer Data, or to our obligations under B14, and do not limit any liability that cannot be limited under mandatory law.
The subscription runs for the term set out in the Private Offer or Order and renews as stated there. Either party may terminate for material breach that is not cured within 30 days of written notice. On termination the licence ends and the Customer may delete the Managed Application, which deletes the Managed Resource Group and the Platform resources within it. Customer Data held in the Customer’s own source systems is not affected. After termination our personnel do not access the Managed Resource Group, except at the Customer’s request to assist with deletion. We will delete any copies of Customer Data we hold within 30 days of termination, unless law requires us to keep them, and confirm deletion on request.
We use CBS Systems d.o.o. to develop, operate and support the Platform, and may use other subcontractors. We remain responsible for their performance and bind them to confidentiality, security and data protection obligations at least as protective as those in these Terms and the DPA.
Each party will comply with export control and sanctions laws applicable to it, including those of Switzerland, the European Union and the United States. The Customer will not use or make the Platform available in breach of those laws.
Neither party may assign an agreement under these Terms without the other’s written consent, except to an Affiliate or a successor in a merger or sale of substantially all relevant assets. Neither party is liable for delay caused by events beyond its reasonable control. If a provision is invalid, the rest remains in force and the invalid provision is replaced by a valid one closest to its purpose. Notices must be in writing; email is sufficient for operational notices.
Part C applies in addition to Part B when a Customer uses the SightPulse Demo plan. If Part C conflicts with Part B, Part C applies.
These Terms and any agreement under them are governed by the substantive law of Switzerland, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is the city of Zug, Switzerland. We may also bring claims at the Customer’s registered office.
We may update these Terms. The “Last updated” date shows when they last changed. For active subscriptions, material changes to Part B take effect at the next renewal, or 30 days after we notify the Customer, whichever is later, unless the change is required by law. Changes do not affect a signed agreement or the terms of an accepted Private Offer.
SightPulse AG
Dammstrasse 19
6300 Zug, Switzerland
Legal and contracts: legal@sightpulse.ai
Sales and private offers: sales@sightpulse.ai
Support: support@sightpulse.ai
Security reports: security@sightpulse.ai
Privacy: privacy@sightpulse.ai
Demo requests: demo@sightpulse.ai