These Terms of Use and End User License Agreement (collectively, the "Agreement") together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person ("you", "your" or "user") and PulseBeat. ("we," "us" or "our"), concerning your access to and use of "PulseBeat - Heart Rate Monitor" software application for mobile devices (the "App").
All the documents that relate to the App are hereby expressly incorporated herein by reference.
Please read this Agreement carefully before you download, install or use the App.
It is important that you read and understand this Agreement as by downloading, installing or using the App you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date on which you download, install or use the App.
If you do not agree with this Agreement, you are not authorized to access, download, install or use the App and you must promptly discontinue downloading, installing the App and remove the App from any mobile device in your possession or under your control.
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.
Our App is not intended for children. No one who is considered a "child" under applicable data protection laws is allowed to directly provide any personal information to the App.
As a general rule we consider a person under the age of 16 to be regarded as "a child" until we have legal grounds to conclude that a person under 16 should be treated as an adult as per provisions of local data protection rules or based on the parent authorization provided to us directly.
The App allows you to measure your heart rate using your fingertip and phone camera, to log your blood pressure and oxygen saturation. You may also have an opportunity to develop good habits with Habit Tracker, take different health tests, get lifestyle advice as well as add tags and comments to your measurements.
The App is intended only for your personal non-commercial use. You shall use the App only for the purposes mentioned above.
Your privacy is very important to us. Access to the App and use of the Services are subject to the Privacy Policy. By accessing the App and by continuing to use the Services, you are deemed to have accepted the Privacy Policy.
Please read our Privacy Policy carefully.
By using the App, you undertake to respect our intellectual rights (intellectual rights related to the App's source code, UI/UX design, content material, copyright and trademarks, hereinafter referred to as the "Intellectual Property Rights") as well as those owned by third parties.
As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right to access and use the App pursuant to this Agreement (the "License").
You may use our App solely for your own non-commercial purposes. The source code, design and content within the App are protected by copyright laws and belong to us and/or our partners.
You agree not to use the App in any way that:
You shall not make the App available to any third parties, modify, reverse engineer, decompile, disassemble or otherwise create derivative works from the App.
The App is available for downloading and installing on handheld compatible mobile devices running Apple iOS Operating System 17.6 or later.
We do not warrant that the App will be compatible with all hardware and software which you may use.
The version of the App may be upgraded from time to time to add support for new functions and services.
The App is provided on a free basis. Once you download the App, you'll have access to its basic features.
Access to some services and/or additional features within the App ("Premium options") requires paid subscriptions. You may have an opportunity to try Premium options during the free trial period.
After the free trial period expires an auto-renewing subscription period will start. You will be charged automatically unless you cancel your subscription at least 24 hours before the end of the free trial period.
Your subscription will be automatically renewed within 24 hours before the current subscription ends. Auto-renew option can be turned off in your Apple ID Account Settings at least 24 hours before the end of the current period.
The App may link you to other sites on the Internet. We have no control over and accept no responsibility for the content of any website to which a link from the App exists.
You agree that your use of the app and its services shall be at your sole risk. The services and all the materials, information, software, content integrated in the app are provided "as is" and "as available". We do not make any warranties of any kind, either express or implied.
The App does not provide medical services or professional advice of the licensed practitioners. You are solely responsible for your own health.
The App is offered for educational and general information purposes only, and in no way intends to diagnose, cure, or treat any medical or other condition or to be a substitute for professional medical care.
Nothing within the services provided by the app is associated with, should be taken as, or understood as medical advice or assistance, nor should it be interpreted in substitution for any medical advice or assistance.
If knowing your pulse rate is critical to your health, you need to have your pulse taken by a medical professional.
In no event shall we be liable for damages of any type, whether direct or indirect, arising out of or in any way related to the app and services provided by the app.
You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You acknowledge and agree that Apple, and Apple's subsidiaries are the third party beneficiaries of the present Agreement.
The present Agreement shall be governed by and interpreted in accordance with the laws of the state of Florida, USA.
Class Action Waiver: While resolving any dispute with us you expressly agree to waive the right to pursue and/or participate in any type of class action lawsuits.
We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.
If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable, that provision shall be more narrowly construed or deleted. The other terms of this Agreement shall continue to apply with full force and effect.
If you want to submit a support request or have any questions about this Agreement or the App, please contact us via our support form.