Optimator
PulseBerry

Fireberry applications

Terms of use

The agreement governing access to and use of PulseBerry and other Optimator applications and integrations for Fireberry.

1. Acceptance and authority

These Terms of Use (“Terms”) are a binding agreement between Optimator (“Optimator,” “we,” or “us”) and the business or organization that installs, connects, purchases, or uses PulseBerry or another Optimator Fireberry application linking to these Terms (“Customer,” “you”). By installing, connecting, calling an API, or using a Service, you accept these Terms and the Fireberry Apps Privacy Policy.

If you act for an organization, you confirm that you are authorized to bind it. If you do not agree or lack authority, do not install or use the Services. The Services are offered for business use only.

2. The Services

The Services may connect Fireberry with Make, APIs, or other systems and may refresh interfaces, deliver notifications, route commands, or provide related automation features. Documentation describes current behavior but is not a guarantee that every feature, endpoint, quota, or integration will remain unchanged.

Optimator is an independent provider. Unless expressly stated in writing, Optimator is not Fireberry, Make, or any other third-party platform and is not endorsed by or responsible for them.

3. License and permitted use

Subject to these Terms and payment of applicable fees, Optimator grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the subscription or authorized-use period to use the Services internally for lawful business operations.

You may not: copy, resell, rent, sublicense, or commercially expose the Services except as expressly permitted; reverse engineer, decompile, extract source code, bypass restrictions, or discover non-public interfaces except where law cannot prohibit it; interfere with security or availability; exceed or evade quotas or rate limits; introduce malware; test vulnerabilities without written permission; use another organization’s credentials; or use the Services for unlawful, deceptive, infringing, harassing, or harmful activity.

4. Accounts, access, and API tokens

The Customer is responsible for its Fireberry and Make accounts, authorized users, permissions, API clients, and all activity performed with its credentials. The PulseBerry organization token is confidential and must be stored only in secure server-side secrets or approved connections. It must not be embedded in public code, shared between unrelated organizations, or disclosed in screenshots or tickets.

You must notify us promptly and rotate the token if compromise is suspected. We may treat correctly authenticated activity as authorized until notified, but this does not limit duties imposed on us by law.

5. Customer data and legal compliance

The Customer retains its rights in data and content submitted through the Services. The Customer grants Optimator and its providers a limited right to process that data only to deliver, secure, support, and improve the Services and meet legal obligations.

The Customer is solely responsible for the accuracy, legality, quality, and instructions associated with its data, automations, recipients, messages, and use cases. The Customer confirms it has all required rights, notices, consents, agreements, and lawful bases and will comply with applicable privacy, database, employment, direct-marketing, consumer, intellectual-property, and information-security law.

Do not use the Services to transmit secrets or sensitive data in notification text. The Services are not designed as a system of record or for emergency, medical, life-safety, legal, credit, or other high-risk decisions. Customers must independently verify consequential actions and maintain appropriate backups and manual controls.

6. Third-party platforms

The Services depend on third-party products, APIs, networks, policies, and credentials, including Fireberry and Make. Their outage, change, restriction, suspension, data practice, or termination may affect the Services without our control. The Customer must maintain its own third-party accounts and comply with their terms.

To the fullest extent permitted by law, Optimator is not liable for third-party services or for loss caused by their acts, omissions, incompatibility, or changes. We may modify, suspend, or discontinue affected integration functionality when reasonably necessary.

7. Plans, fees, and quotas

Plans may include limits on actions, requests, records, sessions, users, features, or support. Current limits may be shown in the Service, documentation, order, or proposal. Unused quotas do not roll over unless agreed in writing. We may reject or throttle requests that exceed technical or plan limits.

Paid fees, billing cycles, taxes, renewal, and cancellation are governed by the applicable order or proposal. Unless that document states otherwise, fees already incurred are non-refundable except where mandatory law requires a refund. We may change future pricing or plan limits on reasonable prior notice.

8. Availability, changes, and support

We aim to operate the Services reliably but do not promise uninterrupted, error-free, or permanent availability. Maintenance, security events, internet failures, third-party changes, and other circumstances may cause interruption. Any beta, preview, free, or experimental feature is supplied for evaluation and may change or end at any time.

Optimator may update the Services and documentation and may take reasonable steps to preserve compatibility, but the Customer is responsible for testing its scenarios after changes. Support scope and response times apply only if expressly stated in an order or service-level agreement.

9. Suspension and termination

We may suspend or restrict access immediately where reasonably necessary to address security risk, suspected unlawful or abusive use, non-payment, material breach, excessive load, third-party platform requirements, or risk to other customers. Where practical, we will provide notice and an opportunity to cure.

Either party may terminate as provided in an order, or if the other party materially breaches and does not cure within a reasonable written-notice period. On termination, the license ends and the Customer must stop using the Services. Provisions that by nature should survive, including payment, intellectual property, disclaimers, liability, indemnity, confidentiality, and dispute provisions, remain effective.

10. Intellectual property

Optimator and its licensors own the Services, software, API design, documentation, branding, templates, and all related intellectual-property rights, excluding Customer data and third-party materials. No rights are granted except the limited license in these Terms. If you provide feedback, you permit Optimator to use it without restriction or compensation, provided we do not identify you publicly without permission.

11. Confidentiality

Each party will use the other party’s non-public information only for the agreement, protect it with reasonable care, and disclose it only to personnel and providers who need it and are bound by confidentiality. These duties do not cover information that is public without breach, already lawfully known, independently developed, or lawfully received from another source. Legally compelled disclosure is permitted, with prior notice where lawful and practicable.

12. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” OPTIMATOR DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RESULTS, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

Optimator does not warrant that an automation will execute, that a notification will be seen, that data or interfaces will remain compatible, or that the Services satisfy the Customer’s legal or regulatory obligations. Nothing in these Terms excludes a warranty or liability that cannot lawfully be excluded.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER OPTIMATOR NOR ITS SUPPLIERS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS; LOSS OF PROFITS, REVENUE, SAVINGS, BUSINESS, GOODWILL, OR DATA; BUSINESS INTERRUPTION; OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, OPTIMATOR’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO A SERVICE WILL NOT EXCEED THE FEES ACTUALLY PAID TO OPTIMATOR FOR THAT SERVICE DURING THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. FOR A FREE SERVICE, THE CAP IS NIS 500. This allocation of risk is an essential basis of the agreement and applies regardless of the legal theory and even if a remedy fails of its essential purpose.

The exclusions and cap do not apply to liability that applicable law does not permit the parties to exclude or limit.

14. Indemnification

To the extent permitted by law, the Customer will defend, indemnify, and hold harmless Optimator and its personnel from third-party claims, losses, penalties, damages, and reasonable legal costs arising from: Customer data, messages, or instructions; unlawful or unauthorized use; breach of these Terms or third-party platform terms; infringement of third-party rights; or the Customer’s failure to provide required notices, authority, security, or lawful basis.

Optimator will give reasonable notice of a covered claim and allow the Customer to control the defense, subject to Optimator’s right to participate with its own counsel. The Customer may not settle a claim in a way that admits fault by or imposes non-monetary obligations on Optimator without written consent.

15. General terms

Neither party is liable for delay caused by events beyond its reasonable control, except payment obligations. The Customer may not assign these Terms without written consent; Optimator may assign them as part of a merger, reorganization, asset transfer, or to an affiliate. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remainder will continue. Failure to enforce a provision is not a waiver.

These Terms, the Privacy Policy, and any signed order are the entire agreement concerning the Services. A signed order controls only where it expressly conflicts with these Terms. Electronic notices may be sent to the account contact or displayed in the Service. Headings are for convenience only.

16. Governing law and disputes

These Terms are governed by the laws of the State of Israel, without regard to conflict-of-laws rules. Subject to any jurisdiction that cannot lawfully be excluded, the competent courts in Tel Aviv-Jaffa, Israel have exclusive jurisdiction over disputes arising from or relating to the Services or these Terms.

Before filing a claim, each party will make a good-faith effort for at least 30 days to resolve the dispute after written notice describing the issue and requested remedy. Either party may seek urgent interim relief where necessary to protect security, confidential information, or intellectual-property rights.

17. Changes and contact

We may update these Terms for future use or where reasonably needed for legal, security, product, or third-party changes. Material changes will be notified through the Service, website, or account contact and take effect on the stated date. Continued use after that date constitutes acceptance to the extent permitted by law; if you do not agree, stop using the Services before the change takes effect.

Legal and support inquiriessupport@optimator.co.il