Terms of Service

Agreement Overview

Welcome to PulsyFit! These Terms of Service ("Terms") govern your use of the PulsyFit platform, mobile application, and related services (collectively, the "Service") operated by PulsyFit Technologies GmbH ("PulsyFit", "we", "us", or "our").

Last Updated: January 1, 2025

Effective Date: January 1, 2025

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

Acceptance of Terms

By creating an account, downloading our app, or using any part of our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

Age Requirements

You must be at least 13 years old to use our Service. If you are between 13 and 18 years old, you must have your parent or legal guardian's permission to use the Service.

Authority to Accept

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

Description of Service

PulsyFit is a comprehensive health and nutrition platform that helps users track meals, monitor nutrition intake, set fitness goals, and receive personalized recommendations to achieve their health and wellness objectives.

Service Features

• Meal logging and tracking with detailed nutritional information
• Nutrition analytics and daily intake monitoring
• Fitness goal setting and progress tracking
• Personalized health recommendations based on your data
• Food database with comprehensive nutritional information
• Multi-platform support (Android, iOS, and web)
• Activity and workout tracking
• Progress visualization and insights

Service Availability

We strive to maintain high availability of our Service, but we do not guarantee uninterrupted access. We may modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

User Accounts

Account Creation

To use certain features of our Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use

Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to comply with these security obligations.

Account Termination

You may terminate your account at any time. We may suspend or terminate your account if you violate these Terms or engage in harmful activities.

Acceptable Use Policy

You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

Prohibited Activities

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Create apps containing harmful, offensive, or illegal content
• Distribute malware, viruses, or malicious code
• Engage in harassment, bullying, or hate speech
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service
• Use the Service for commercial purposes without permission
• Create fake accounts or impersonate others
• Collect user data without consent

Content Guidelines

All user-submitted content, including meal logs, photos, and nutritional data, must comply with:

• App store guidelines (Google Play, Apple App Store)
• Local laws and regulations
• Community standards and decency
• Health information accuracy standards
• Copyright and trademark laws

Intellectual Property Rights

PulsyFit's Rights

The Service and its original content, features, and functionality are owned by PulsyFit and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Your Content

You retain ownership of content you create using our Service, including meal logs, photos, nutritional data, and fitness records. However, you grant PulsyFit a limited license to:

• Host, store, and process your health and nutrition data
• Display your content within the Service for your personal use
• Create backups and ensure Service functionality
• Use anonymized and aggregated data for service improvement and analytics
• Generate personalized recommendations based on your data

Health Data Privacy

Your health and nutrition data is treated with the highest level of privacy and security. We do not share your personal health information with third parties except as described in our Privacy Policy.

Respect for Third-Party Rights

You must respect the intellectual property rights of others. We will respond to valid copyright infringement claims in accordance with applicable law.

Subscription and Payments

Subscription Plans

We offer various subscription plans with different features and limitations. Current pricing and plan details are available on our pricing page.

Payment Terms

• Subscriptions are billed in advance on a recurring basis
• Payments are processed by secure third-party payment processors
• All fees are non-refundable except as required by law
• We may change pricing with 30 days' notice

Free Trial

We may offer free trials for certain subscription plans. Free trials automatically convert to paid subscriptions unless cancelled before the trial period ends.

Cancellation

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period.

Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Data Processing

By using our Service, you consent to the processing of your data as described in our Privacy Policy, including:

• Collection of usage and performance data
• Processing for service improvement
• Communication about your account and our services
• Compliance with legal obligations

Disclaimers and Limitations of Liability

Service Disclaimer

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted or error-free operation
• Accuracy or completeness of nutritional information or health recommendations
• Medical advice or diagnosis (PulsyFit is not a medical service)

Health Information Disclaimer

Important: PulsyFit is not a medical device or diagnostic tool. The nutritional information, fitness recommendations, and health insights provided by our Service are for informational purposes only and should not be considered medical advice. Always consult with a qualified healthcare provider before making significant changes to your diet, exercise routine, or health regimen.

Limitation of Liability

To the maximum extent permitted by law, PulsyFit shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, data, or business opportunities
• Service interruptions or security breaches
• Third-party actions or content
• Errors or omissions in the Service

Our total liability for any claims arising from these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless PulsyFit and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you create or share using the Service
• Inaccurate health or nutritional information you provide
• Reliance on health recommendations or information provided through the Service

Termination

Termination by You

You may terminate your account and stop using the Service at any time by contacting us or using the account deletion feature.

Termination by PulsyFit

We may terminate or suspend your account immediately if you:

• Violate these Terms
• Engage in harmful or illegal activities
• Fail to pay applicable fees
• Create security risks for other users

Effect of Termination

Upon termination:

• Your right to use the Service will cease immediately
• We may delete your account and associated data
• You remain liable for any outstanding fees
• Certain provisions of these Terms will survive termination

Governing Law and Dispute Resolution

Governing Law

These Terms are governed by and construed in accordance with the laws of Germany, without regard to conflict of law principles.

Dispute Resolution

Any disputes arising from these Terms or the Service will be resolved through:

1. Informal Resolution: We encourage you to contact us first to resolve any issues
2. Mediation: If informal resolution fails, disputes may be resolved through mediation
3. Arbitration: Binding arbitration in Berlin, Germany, as a last resort

Jurisdiction

For any disputes not subject to arbitration, you agree to the exclusive jurisdiction of the courts in Berlin, Germany.

Changes to These Terms

We may modify these Terms at any time. When we do, we will:

• Post the updated Terms on this page
• Update the "Last Updated" date
• Notify you of material changes via email or app notification
• Provide at least 30 days' notice for significant changes

Your continued use of the Service after any changes constitutes acceptance of the new Terms. If you don't agree to the changes, you must stop using the Service.