PulseFlow – Terms of Use and End-User License Agreement

Last updated: May 8, 2025

Introduction

These Terms of Use and End-User License Agreement (this "Agreement") is a legally binding contract between you (the user, referred to as "you") and Happy Note Tech Ltd. ("Happy Note Tech Ltd.", "we", "us", or "our"), the provider of the PulseFlow mobile application (the "App"). This Agreement governs your access to and use of PulseFlow, which is a mobile app that uses your device's camera to detect your heart rate and provides heart health and mental wellness assessments.

By downloading, installing, or using PulseFlow, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you must not use the App and should uninstall it from your device.

We also have a separate Privacy Policy that describes how we collect, use, and protect your personal data. The Privacy Policy is incorporated by reference into this Agreement. By using the App, you also consent to our data practices as described in the Privacy Policy.

Changes to Terms

We reserve the right to modify or update this Agreement at any time. If we make material changes, we will update the "Last updated" date above and may notify you via the App or other means. It is your responsibility to review the Terms periodically. Your continued use of PulseFlow after changes to the Terms means you accept those changes. If you do not agree to a revised term, you should stop using the App.

Eligibility

You must be at least 16 years old (or the minimum age of digital consent in your jurisdiction) to use PulseFlow. The App is not intended for children under this age, and we do not knowingly collect personal information from children. If you are under 16, you may only use the App under the supervision and with consent of a parent or legal guardian. We reserve the right to delete any accounts and data that we suspect are from users under the allowed age.

Personal Data Collection and Use

PulseFlow collects and processes personal health information in order to provide you with insights into your heart health and mental wellness. This includes data such as your heart rate (measured via the camera sensor) and any information you choose to input about your health, mood, or stress levels. By using the App, you consent to our collection and use of this data for the purpose of providing health-related insights and features within PulseFlow. We handle your personal data in accordance with applicable data protection laws and our Privacy Policy. We do not use your health data for advertising or marketing purposes without your explicit consent.

Third-Party Services and Integration

PulseFlow may integrate with third-party services to enhance your experience. In particular, on iOS devices the App may offer integration with Apple Health (HealthKit) to read and/or write certain health data (such as heart rate measurements) with your permission. If you choose to connect PulseFlow to Apple Health or any similar health or fitness service, you agree that PulseFlow may share data with that service and retrieve data from it to provide App features. You can manage or revoke permissions for such integrations at any time through your device settings (for example, in the Health app settings on iOS).

Please note that your use of any third-party service (such as Apple Health or others) is subject to that third party’s own terms and privacy policy. We have no control over and are not responsible for the data or content handled by any third-party service. We do not share data from Apple Health with any third party, nor do we use Apple Health data for advertising or marketing. The integration with Apple Health is solely for your personal benefit and convenience.

Additionally, PulseFlow may contain links or integrations to other third-party websites, apps, or services (for example, for customer support, analytics, or social sharing). We do not control and are not responsible for the content, policies, or practices of any third-party website or service. Your dealings with third parties found through the App are solely between you and that third party.

License Grant and Intellectual Property

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use PulseFlow on your personal mobile device for your own non-commercial, personal use. You may not use the App for any other purpose or in any manner not expressly permitted by these Terms.

All intellectual property rights in and to the App (including all content, software, text, graphics, logos, images, and trademarks contained in the App) are owned by or licensed to Happy Note Tech Ltd. and are protected by copyright, trademark, and other applicable laws. We (and our licensors) retain all rights, title, and interest in the App and its content. This Agreement does not transfer any intellectual property rights to you except for the limited usage license above.

You agree not to reproduce, distribute, publicly display, perform, publish, license, create derivative works from, or otherwise exploit the App or any part of its content, except as expressly authorized by us. You may not remove or alter any copyright, trademark, or other proprietary notices in the App. PulseFlow and its associated logos and marks are trademarks of Happy Note Tech Ltd. (or its partners). All other trademarks mentioned in the App are the property of their respective owners. Using the App does not grant you any right or license to use any trademarks or logos.

Prohibited Uses

You agree that you will NOT misuse PulseFlow or use it in any way that is unlawful or prohibited by this Agreement. In particular, you shall not:

• Use the App for any illegal or unauthorized purpose, or engage in any activity that violates any applicable law or regulation.
• Use the App to upload, transmit, or distribute any defamatory, harassing, obscene, offensive, or otherwise objectionable content.
• Use the App to infringe upon the rights of others, including any intellectual property rights or privacy rights.
• Attempt to reverse engineer, decompile, disassemble, or derive the source code or underlying ideas or algorithms of any part of the App.
• Modify, adapt, or create derivative works based on the App or any part of it without our prior written permission.
• - Attempt to gain unauthorized access to the App, other users’ counts, or any related systems or networks, or bypass or circumvent any security features or measures we use to protect the App.
• - Introduce or transmit any viruses, malware, worms, Trojan horses, or her harmful code into or via the App, or use the App in a manner that could damage, disable, or impair our servers or networks.
• - Use the App to distribute unsolicited or unauthorized advertising, am, junk mail, chain letters, or any form of solicitation to other users.
• - Exploit the App or its services for any commercial purpose not pressly approved by us (for example, selling, reselling or renting the App or any data obtained from it).
• Misrepresent the source or identity of any data or information you submit to the App, or impersonate any person or entity.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these prohibitions, including suspending or terminating the user’s access to the App and/or reporting such misuse to law enforcement.

Subscriptions and Billing

PulseFlow is available as a free app with basic features, and also offers premium features through a paid subscription ("Premium Subscription"). The following terms apply to subscriptions and the free trial (if offered):

• Free Basic Version: As a free user, you have access to basic features of PulseFlow, such as standard heart rate detection and limited health assessment insights.
• Premium Subscription Features: Subscribed users gain unlimited access to all features of the App, including advanced heart health analytics, detailed mental health assessment tools, personalized reports, and any new content or features we may add for subscribers.
• Free Trial: We may offer a free trial period for the Premium Subscription to allow new users to try the premium features. If you start a free trial, you will not be charged during the trial period. To avoid being charged, you must cancel the subscription **at least 24 hours before the end of the trial period**. If you do not cancel in time, once the free trial expires, your subscription will automatically convert to a paid subscription and the applicable subscription fee will be charged.
• Auto-Renewal: All subscriptions are auto-renewing. This means your Premium Subscription will automatically renew at the end of each subscription term (e.g., weekly, monthly, or annually, depending on the plan you selected) and your chosen payment method will be charged, unless you cancel the subscription at least 24 hours before the current period ends.
• Payment: Subscription payments will be charged to your account with the app store or platform through which you originally subscribed. For example, if you subscribed via the Apple App Store, the charge will be made to your Apple ID/iTunes account; if via Google Play, to your Google Play account. The charge occurs at the time of purchase confirmation (after any free trial ends) and, for renewals, within 24 hours prior to the start of the next subscription period.
• Manage Subscription: You can manage and cancel your PulseFlow subscription at any time via your platform’s account settings. For instance, on iOS devices, you can go to your Apple ID Account Settings to turn off auto-renewal or cancel; on Android, you can do so in your Google Play Subscriptions settings. Please note: uninstalling or removing the App does not automatically cancel your subscription. You must actively cancel the subscription to stop further charges.
• Forfeiture of Trial: If you purchase a Premium Subscription before your free trial ends (if a trial is available), any unused portion of the free trial will be forfeited as soon as the purchase is made. Free trial eligibility is determined by us and we may limit trial access to prevent abuse.
• Changes to Fees: We reserve the right to change our subscription plans or adjust pricing for our service at any time. Any price changes or changes to subscription content will be communicated to you in advance and, if applicable, will take effect at the start of the next subscription period. If you do not agree to a price or content change, you may cancel the subscription before the change applies.
• No Refunds: Subscription charges are non-refundable except where required by law or expressly permitted by us. If you cancel a subscription, you will retain access to the premium features until the end of the current paid period, but you will not receive a prorated refund for any remaining days in that period. If you believe you have been charged in error, please contact the app store support or us at [email protected].

Medical Disclaimer (No Medical Advice)

PulseFlow is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. The App’s heart rate measurements and wellness assessments are provided for informational and educational purposes to support your well-being, but they do not constitute medical advice. You should not rely on PulseFlow as a substitute for professional medical judgment. Always seek the guidance of a qualified healthcare provider with any questions or concerns you may have regarding your health or a medical condition.

Do not ignore or delay seeking medical advice from a professional because of information or results you obtain through PulseFlow. If you have a medical or psychiatric emergency or a serious health issue, call emergency services or consult a medical professional immediately. We expressly disclaim any liability for any health consequences that may result from using the App or from any information you receive through the App

Disclaimer of Warranties

Your use of PulseFlow is at your sole risk. To the fullest extent permitted by law, the App and all services and information provided through it are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. We make no warranty that PulseFlow will accurately measure your heart rate under all conditions, or that it will meet your expectations, or that the service will be uninterrupted, error-free, or secure.

We disclaim any and all warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not guarantee the accuracy, completeness, or usefulness of any information or results provided by the App. You are responsible for any decisions or actions you take based on information obtained from the App.

If you are using PulseFlow on an Apple iOS device, you acknowledge that in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund any applicable purchase price for the App to you (to the extent you paid any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, or expenses attributable to any failure of the App to conform to a warranty are our responsibility (not Apple's).

Limitation of Liability

To the fullest extent permitted by law, in no event shall Happy Note Tech Ltd. or its officers, directors, employees, or affiliates be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages whatsoever arising out of or relating to your use of (or inability to use) PulseFlow or the content and services provided through the App. This includes, without limitation, personal injuries, property damage, lost profits, data loss, cost of substitute goods or services, or any other intangible losses, even if we have been advised of the possibility of such damages.

In jurisdictions that do not allow the exclusion or limitation of certain liabilities, our liability will be limited to the maximum extent permitted by law. In all cases, our total cumulative liability to you for any claims arising out of or relating to this App or these Terms will not exceed the amount (if any) that you paid to us for the use of the App in the 12 months prior to the claim.

You acknowledge that the limitations of liability above are an essential basis of the bargain and that, without these limitations, we would not be able to provide the App and services.

Termination

We reserve the right, at our sole discretion, to suspend or terminate your access to PulseFlow (or certain features of the App) at any time if you breach any provision of this Agreement or engage in any prohibited use or unlawful activity. We may also terminate or suspend the App (in whole or in part) at any time upon notice, or in the event we discontinue the App or no longer have the legal right to provide it.

If your account or access is terminated due to a violation of these Terms or infringement of third-party rights, you may not create a new account or re-access the App without our express permission. Termination of your access may include disabling your account or access to the App and/or deletion of your account information and data. We shall not be liable to you for compensation, indemnity, or damages of any sort solely as a result of terminating your access to the App in accordance with these Terms.

You are free to stop using the App and may uninstall PulseFlow at any time. Any accrued rights and obligations (including our rights regarding content you have already provided and your obligation to pay any fees incurred) will survive termination of this Agreement.

Copyright and DMCA Policy

All content and materials available on PulseFlow are the property of Happy Note Tech Ltd. or our licensors and are protected by copyright and other intellectual property laws. We respect the intellectual property rights of others and expect our users to do the same. It is our policy to respond to clear notices of alleged copyright infringement in compliance with the Digital Millennium Copyright Act (DMCA) and other applicable laws.

If you believe that any content in the App infringes your copyright, please send a written notice to our designated copyright agent at [email protected] with the subject line "DMCA Notice". Your notice should include:

• A description of the copyrighted work that you claim has been infringed.
• A description of the material in the App that you claim is infringing and that you request us to remove or disable, including information reasonably sufficient to permit us to locate the material (please provide specific details, such as the name of the content and where it appears in the App).
• Your name, address, telephone number, and email address, so that we can contact you.
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
• An electronic or physical signature of the person authorized to act on behalf of the copyright owner.

Upon receipt of a valid DMCA notice, we will review and respond in accordance with applicable law, which may include removing or disabling access to the allegedly infringing material. It is also our policy to terminate the accounts of users who are repeat infringers or who repeatedly violate the intellectual property rights of others.

Third-Party Beneficiaries

You acknowledge and agree that, if you downloaded PulseFlow through the Apple App Store, Apple Inc. and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary. No other third party is considered a beneficiary of this Agreement.

Contact Us

If you have any questions, concerns, or feedback about these Terms or the App, you can contact us at [email protected]. We will do our best to address your inquiry promptly.