Legal
Last updated: June 1, 2026
These Terms of Service (the "Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and Bijani Labs, operated by Bijani XYZ ("SyntheticPulse," "we," "us," or "our"), governing your access to and use of the SyntheticPulse platform, website, APIs, and related services (collectively, the "Service"). By registering for an account, subscribing to any plan, or otherwise accessing or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Data Processing Agreement. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity. If you do not agree to these Terms, you must not access or use the Service.
Bijani Labs is a synthetic consumer intelligence platform that generates simulated consumer personas and facilitates multi-agent swarm-based market research. The Service enables customers to define research parameters, deploy autonomous agent swarms, and receive synthesized behavioral insights, reports, and recommendations. The Service is provided on a subscription basis with varying service tiers, each offering distinct feature sets, usage limits, and service levels as described on our pricing page.
The results generated by the Service constitute directional intelligence and simulated behavioral predictions. SyntheticPulse expressly does not guarantee that synthetic consumer responses will accurately reflect or predict real human behavior, attitudes, or decisions. Outputs from the Service are intended to inform and augment human judgment and should not be relied upon as the sole basis for material business decisions, regulatory compliance determinations, or any action where the consequences of reliance could give rise to legal liability or financial loss, without independent human validation.
To access the Service, you must register for an account and provide accurate, current, and complete information as prompted by the registration process. You are solely responsible for maintaining the confidentiality of your account credentials, including your username, password, and any API keys issued to you. You agree to notify SyntheticPulse immediately of any unauthorized use of your account or any other breach of security of which you become aware. SyntheticPulse will not be liable for any loss or damage arising from your failure to safeguard your account credentials.
You may not create accounts by automated means or under false or fraudulent pretenses. Each account registration requires a unique email address and may not be shared across multiple organizations without our express written consent. You are responsible for all activities that occur under your account, whether or not authorized by you, unless such activity results from our failure to maintain reasonable security safeguards. If you are an organization, you will ensure that your authorized users comply with these Terms and that your account usage remains within the limits of your subscribed plan.
Prohibited Activities. You agree not to, and not to permit any third party to: (a) use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation; (b) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying models, algorithms, or trade secrets of the Service, except to the extent expressly permitted by applicable law; (c) attempt to extract, reconstruct, de-anonymize, or infer individual-level data about any real person from synthetic outputs; (d) use the Service to harass, abuse, defame, or harm any person or group; (e) distribute malware, viruses, or any other harmful code through the Service; (f) interfere with or disrupt the integrity or performance of the Service or any third-party systems used to deliver the Service; (g) access or attempt to access any account, system, or data that you are not authorized to access; or (h) use the Service in any manner that could damage, disable, overburden, or impair our infrastructure.
Content Restrictions. You agree that you will not submit, upload, or transmit any input data (including persona definitions, survey content, creative assets, or prompts) that: (i) infringes upon any third-party intellectual property, privacy, or publicity rights; (ii) contains illegal, obscene, hateful, or discriminatory material; (iii) includes personally identifiable information of real individuals without their consent and in compliance with applicable data protection laws; (iv) constitutes unsolicited promotional content or spam; or (v) contains any sensitive personal data (as defined under GDPR, CCPA, or similar regulations) except as expressly authorized in writing by SyntheticPulse.
Rate Limits & Fair Use. Access to the Service is subject to rate limits and usage quotas determined by your subscription tier. We reserve the right to throttle, limit, or suspend access to the Service, without prior notice, if your usage exceeds reasonable levels relative to your plan or if your usage patterns, as determined in our sole discretion, adversely affect the availability, stability, or performance of the Service for other customers. Systematic or programmatic access to the Service outside of the provided APIs and documented interfaces is strictly prohibited.
Subscription Fees. The Service is offered on a subscription basis with fees calculated according to the plan and billing cycle selected at the time of purchase. All fees are exclusive of taxes, duties, and similar governmental assessments. You are responsible for paying all such taxes (other than taxes based on our net income) and any applicable transaction fees. Fees are payable in advance on a monthly or annual basis as selected, and are non-refundable except as expressly set forth herein. We may change our fees upon thirty (30) days' notice; continued use of the Service after the fee change takes effect constitutes your acceptance of the new fees.
Overage & Usage-Based Charges. Certain subscription plans include a base allocation of usage units (e.g., API calls, swarm runs, compute credits). Usage that exceeds the base allocation will incur additional charges at the rates specified on our pricing page. Overage charges will be billed in arrears on a monthly basis. It is your responsibility to monitor your usage through the dashboard provided in the Service. We do not guarantee that real-time usage data is accurate for billing purposes; official billing determinations are based on our system of record.
Payment & Refunds. All payments are due upon invoice and must be made by a payment method we accept. If any payment is not received by the due date, we may, without liability, suspend or terminate your access to the Service after providing seven (7) days' notice. Late payments shall accrue interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. Refunds are provided solely at our discretion and are generally not issued for partial billing periods or unused usage allocations. Subscription cancellations take effect at the end of the then-current billing period.
Customer IP. As between you and SyntheticPulse, you retain all right, title, and interest in and to any data, content, materials, or information that you submit, upload, or otherwise provide to the Service in the course of using the platform, including persona definitions, survey content, creative assets, prompts, and any other input data ("Customer Input"), as well as any outputs, reports, analyses, or results generated by the Service that incorporate or are derived from your Customer Input ("Customer Output"). Customer Input and Customer Output are collectively referred to as "Customer Data." SyntheticPulse claims no ownership rights in Customer Data.
SyntheticPulse IP. As between you and SyntheticPulse, we retain all right, title, and interest in and to: (a) the Service, including its software, architecture, user interface, APIs, documentation, and underlying algorithms and models; (b) any aggregated, de-identified, or anonymized data derived from your use of the Service, provided that such data cannot reasonably identify you or any natural person (collectively, "Anonymized Aggregates"); and (c) any feedback, suggestions, or improvement ideas you provide to us regarding the Service. You grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and distribute Anonymized Aggregates for purposes of improving the Service, publishing benchmarks, and other legitimate business purposes.
License to Customer Data. You grant SyntheticPulse a limited, non-exclusive, worldwide, royalty-free license to access, use, reproduce, process, and transmit Customer Data solely as necessary to provide, maintain, and improve the Service in accordance with these Terms and our Privacy Policy. This license persists only for the duration of your subscription and terminates within a commercially reasonable period after deletion of your Customer Data from our systems, subject to our legal retention obligations.
"Confidential Information" means any non-public information disclosed by one party to the other, whether orally, in writing, or in any other form, that is designated as confidential or that a reasonable person would understand to be confidential under the circumstances. Customer Data is the Confidential Information of Customer. SyntheticPulse's Confidential Information includes, without limitation, our pricing methodology, model architecture, non-public benchmarks, and business strategies. Confidential Information does not include information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was rightfully in the receiving party's possession prior to disclosure; (iii) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information; or (iv) is required to be disclosed by law or court order.
Each party agrees to hold the other's Confidential Information in strict confidence, to use it solely for purposes of performing obligations or exercising rights under these Terms, and to disclose it only to those employees, contractors, and advisors who have a need to know and are bound by confidentiality obligations at least as protective as those in this Section. Each party shall use at least the same degree of care to protect the other's Confidential Information as it uses to protect its own confidential information of like nature, and in no event less than reasonable care. Upon termination of these Terms or upon the other party's request, each party shall promptly return or destroy all Confidential Information of the other party, except as required for legal or regulatory retention.
SyntheticPulse implements and maintains commercially reasonable technical, administrative, and physical security measures designed to protect Customer Data against unauthorized access, disclosure, alteration, or destruction. These measures include, but are not limited to, encryption at rest (AES-256) and in transit (TLS 1.2+), access controls and authentication mechanisms, regular security assessments, and incident response procedures. A description of our current security practices is available at our Security page.
To the extent SyntheticPulse processes any personal data (as defined by applicable data protection laws) on your behalf in connection with the Service, the parties agree to the terms of the Data Processing Agreement ("DPA"), which is incorporated into these Terms by reference. You represent and warrant that you have obtained all necessary consents, provided all required notices, and have a lawful basis to provide personal data to SyntheticPulse for processing as described in these Terms and the DPA. You are solely responsible for ensuring that your use of the Service complies with all applicable data protection laws, including the EU General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and any other relevant legislation.
In the event of a security breach that compromises Customer Data, SyntheticPulse will notify you without undue delay and will provide reasonable cooperation in investigating and mitigating the incident. We will maintain a written incident response plan and will document the breach, its effects, and the remedial actions taken. Notwithstanding the foregoing, SyntheticPulse expressly disclaims any obligation to monitor the content of Customer Data, and you acknowledge that we are not responsible for the content of any Customer Data transmitted through the Service.
The Service may integrate with or enable access to third-party services, platforms, or data sources (each a "Third-Party Service") through APIs, webhooks, or other means. Your use of any Third-Party Service is subject to that third party's own terms of service and privacy policies, and SyntheticPulse assumes no responsibility or liability for the operation, availability, security, or content of any Third-Party Service. We make no representation or warranty regarding any Third-Party Service and do not endorse any third-party products or services referenced on or accessible through the Service.
If you enable an integration with a Third-Party Service, you authorize SyntheticPulse to share your Customer Data with that Third-Party Service to the extent necessary for the integration to function. SyntheticPulse will not be liable for any use, disclosure, modification, or deletion of your Customer Data by any Third-Party Service. You are solely responsible for evaluating the suitability and security of any Third-Party Service you choose to connect with the Service and for ensuring that such connection complies with your own data protection obligations.
SyntheticPulse targets a monthly uptime percentage of 99.9% for paid subscription tiers, calculated based on the Service's API and web application availability over each calendar month, excluding scheduled maintenance windows (for which we will provide at least 48 hours' notice) and force majeure events. If we fail to meet this target in a given month, you may be eligible for a service credit as set forth in our Service Level Agreement ("SLA"), which is incorporated herein by reference. The SLA is our sole obligation and your exclusive remedy for any failure of the Service to meet availability targets.
Notwithstanding the foregoing, SyntheticPulse does not guarantee that the Service will be uninterrupted, error-free, or free from defects, or that synthetic outputs will be accurate, complete, or fit for a particular purpose. The Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and cloud computing infrastructure. We reserve the right to temporarily suspend access to the Service for purposes of emergency maintenance, security remediation, or to address violations of these Terms, with or without prior notice in exigent circumstances.
Customer Indemnity. You agree to defend, indemnify, and hold harmless SyntheticPulse, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service in violation of these Terms, including any Acceptable Use restrictions; (b) your Customer Data, including any claims that your Customer Data infringes the intellectual property, privacy, or other rights of any third party; (c) your violation of any applicable law or regulation; or (d) any dispute between you and any third party arising from your use of the Service.
SyntheticPulse Indemnity. SyntheticPulse will defend, indemnify, and hold you harmless from any third-party claim that the Service (excluding Customer Data and Third-Party Services) infringes or misappropriates any U.S. patent, copyright, trade secret, or trademark. If such a claim is made or appears likely, SyntheticPulse may, at its option and expense: (i) procure the right for you to continue using the Service; (ii) modify the Service to make it non-infringing; or (iii) terminate these Terms and refund any prepaid, unused fees for the remainder of the then-current subscription term. This indemnity does not apply to claims arising from your use of the Service in combination with any third-party products or services, your modification of the Service, or your failure to use updated versions provided by us.
The indemnifying party's obligations are conditioned upon the indemnified party: (x) providing prompt written notice of the claim; (y) granting the indemnifying party sole control over the defense and settlement of the claim (provided that the indemnifying party may not settle a claim without the indemnified party's prior written consent if such settlement would impose any admission of liability or obligation on the indemnified party); and (z) providing reasonable cooperation in the defense of the claim at the indemnifying party's request and expense.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. BIJANI LABS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE.
WE MAKE NO REPRESENTATION OR WARRANTY THAT SYNTHETIC OUTPUTS GENERATED BY THE SERVICE CONSTITUTE ACCURATE PREDICTIONS OF REAL HUMAN BEHAVIOR OR MARKET OUTCOMES. THE SERVICE IS A TOOL FOR DIRECTIONAL INTELLIGENCE AND HYPOTHESIS GENERATION, NOT A SUBSTITUTE FOR PROFESSIONAL RESEARCH, STATISTICAL ANALYSIS, OR HUMAN JUDGMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIJANI LABS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA OR GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY'S TOTAL AGGREGATE LIABILITY TO THE OTHER ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID OR PAYABLE BY YOU TO BIJANI LABS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR THE AVOIDANCE OF DOUBT, THIS CAP APPLIES TO ALL CLAIMS COLLECTIVELY. THIS LIMITATION IS AN INTEGRAL PART OF THESE TERMS AND REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES.
Exceptions. NOTHING IN THIS SECTION SHALL LIMIT OR EXCLUDE EITHER PARTY'S LIABILITY FOR: (a) DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE; (b) FRAUD OR FRAUDULENT MISREPRESENTATION; (c) INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 11; (d) BREACH OF CONFIDENTIALITY OBLIGATIONS UNDER SECTION 7; (e) INFRINGEMENT OF THE OTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS; OR (f) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
Termination for Convenience. Either party may terminate these Terms for convenience by providing thirty (30) days' written notice to the other party. In the event of termination by Customer for convenience, Customer shall remain obligated to pay all fees due through the end of the then-current billing period and shall not be entitled to a refund of prepaid fees. SyntheticPulse may terminate for convenience only upon refunding any prepaid, unused fees for the remainder of the subscription term.
Termination for Cause. Either party may terminate these Terms immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days (or seven (7) days for payment-related breaches) after receiving written notice thereof. Additionally, SyntheticPulse may terminate or suspend these Terms immediately without cure period if: (i) you violate the Acceptable Use restrictions in Section 4; (ii) your use of the Service poses a security risk to our systems or other customers; (iii) your account is compromised or used for fraudulent activity; or (iv) you become the subject of a bankruptcy, insolvency, or similar proceeding.
Effect of Termination. Upon termination of these Terms for any reason: (a) your license to use the Service terminates; (b) you must cease all use of the Service and delete any and all copies of any software provided as part of the Service; (c) we will provide you with a reasonable period (not fewer than thirty (30) days) to export your Customer Data in a standard format, after which we may delete your Customer Data from our systems in accordance with our data retention and deletion policies, subject to legal holds; and (d) any provisions of these Terms that by their nature should survive termination (including Sections 6 (Intellectual Property), 7 (Confidentiality), 11 (Indemnification), 12 (Warranty Disclaimer), 13 (Limitation of Liability), and 14 (Termination & Suspension)) shall survive.
Suspension. Without limiting our termination rights, SyntheticPulse may suspend your access to the Service with or without prior notice if: (i) your account is delinquent on payment; (ii) we suspect fraudulent or abusive activity; (iii) we determine in our sole discretion that immediate suspension is necessary to protect the integrity, security, or stability of the Service; or (iv) we are required to do so by law or regulatory authority. We will lift the suspension promptly after the underlying cause is resolved, and we will not be liable to you or any third party for any suspension under this Section.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through the following dispute resolution process:
Informal Resolution. Before initiating any formal dispute proceeding, the parties agree to first attempt to resolve the dispute informally by contacting the other party in writing. If the dispute cannot be resolved within thirty (30) days of the initial notice, either party may proceed as set forth below.
Binding Arbitration. Any dispute not resolved informally shall be resolved by binding, confidential arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be held in Wilmington, Delaware, or at such other location as the parties mutually agree. The arbitration shall be conducted by a single arbitrator with expertise in commercial software and technology transactions. Judgment on the arbitration award may be entered in any court having jurisdiction. Notwithstanding the foregoing, either party may bring an action in any court of competent jurisdiction for injunctive or equitable relief to protect its intellectual property or confidential information.
Class Action Waiver. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NEITHER PARTY MAY BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING IN CONNECTION WITH ANY DISPUTE. THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR JOIN MORE THAN ONE PERSON'S CLAIMS. IF THIS CLASS ACTION WAIVER IS HELD UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE DEEMED VOID.
The Service may be subject to U.S. export control laws and regulations, including the Export Administration Regulations ("EAR") administered by the U.S. Department of Commerce and the sanctions programs administered by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"). You represent and warrant that: (a) you are not located in, under the control of, or a national or resident of any country or region that is subject to comprehensive U.S. sanctions or embargoes (including Cuba, Iran, North Korea, Syria, and the regions of Crimea, Donetsk, and Luhansk); (b) you are not identified on any U.S. government restricted-party list, including the Specially Designated Nationals and Blocked Persons List, the Denied Persons List, the Entity List, and the Unverified List; and (c) you will not use the Service for any purpose prohibited by U.S. export control or sanctions laws, including for the development, design, manufacture, or production of nuclear, chemical, or biological weapons, or for any military end use in a country subject to U.S. embargo.
You agree to comply with all applicable export control and sanctions laws and regulations and to not access or use the Service in violation of any such laws. You are solely responsible for obtaining any required export or re-export licenses or authorizations. We reserve the right to restrict or terminate access to the Service in our sole discretion to ensure compliance with applicable export control and sanctions laws.
We may update these Terms from time to time to reflect changes in our Service, business practices, legal obligations, or regulatory requirements. When we make material changes, we will notify you by email (to the address associated with your account) and through an in-app notification at least thirty (30) days before the changes take effect. We will also update the "Last updated" date at the top of these Terms. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription before the changes take effect.
For non-material changes (including clarifications, corrections, and administrative updates), we may update the Terms without prior notice. We encourage you to review these Terms periodically. SyntheticPulse will maintain an archive of previous versions of these Terms, available upon request, for at least two (2) years after any revision.
These Terms, together with the Privacy Policy, Data Processing Agreement, Service Level Agreement, and any applicable Order Form or Statement of Work, constitute the entire and exclusive agreement between you and SyntheticPulse with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, understandings, and agreements, whether oral or written. In the event of any conflict or inconsistency among these documents, the order of precedence shall be: (a) the applicable Order Form or Statement of Work; (b) these Terms; (c) the Data Processing Agreement; (d) the Service Level Agreement; and (e) the Privacy Policy.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable or, if that is not possible, severed from these Terms, and the remaining provisions shall remain in full force and effect. The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless in writing and signed by the waiving party.
All legal notices, demands, and other communications regarding these Terms shall be in writing and shall be deemed duly given: (a) when delivered by hand; (b) three (3) business days after being deposited in the mail, postage prepaid, certified or registered mail, return receipt requested; or (c) when confirmed by a recognized overnight courier service. Legal notices to SyntheticPulse must be addressed to:
Bijani Labs / Bijani XYZ
Attn: Legal Department
651 N Broad St, Suite 201
Middletown, DE 19709
United States
For general customer support inquiries that do not constitute legal notice, please contact us through the support channels available in your account dashboard or at support@bijani.xyz. Any notice from SyntheticPulse to you will be sent to the email address associated with your account and will be deemed effective upon transmission.