Welcome to these Terms of Use (the “Agreement”). This Agreement is a contract between you and Heart Balance: BP & Pulse (“We”, “our”, or “us”). We want you to understand your rights and our rights before you use our application (the “App” or “Software”) and related services (the “Service”).

Please take a few moments to read these Terms before using the App. By accessing, viewing, or using the App, you consent to the terms and conditions described in this document. If you do not agree with this Agreement, please stop using the App immediately.

1. End User License Agreement1.1 Scope of the App License

1. We grant you a personal, revocable, non-transferable, and non-exclusive license to use the App. Unless otherwise expressly agreed in writing, you are permitted to install, use, display, or run the App or use the Service on your smart mobile end-device, including but not limited to a tablet or smartphone (“End Device”), for non-commercial purposes.
2. You may not use the App under the following conditions:

• You shall not create derivative works from the App or commercially exploit the App, in whole or in part, in any way.
• You shall use the App for lawful purposes only.
• You shall not use, sell, modify, or distribute the App except as permitted by the functionality of the App.
• You shall not conduct any behavior that jeopardizes computer network security, including but not limited to: using unauthorized data or obtaining unauthorized access to servers or accounts; entering public computer networks or another person's computer system to delete, modify, or add stored information without permission; attempting to search, scan, or test the App system for vulnerabilities or other behaviors that compromise internet security; attempting to interfere with or damage the normal operation of the App; intentionally delivering malware, viruses, or other harmful code; or forging any part of TCP/IP packets.

1. You may not use the App in a way that may lead to damage, suspension, overloading, or degradation of the App, its servers, or networks connected to the App, or in any way that may affect the Service provided to other users.
2. You agree not to copy, sublicense, share, or sell the App or the Service to any other person. You are fully responsible for any fees and expenses arising from any violation of this provision.
3. We reserve all rights not expressly granted to you. This license may automatically terminate if you violate any of these restrictions and may also be terminated by us at our sole discretion, subject to applicable law.

1.2 Privacy and Personal Information

1. We respect the privacy and personal information of each user and will protect your privacy and personal information in accordance with applicable laws and regulations. We take reasonable measures when collecting, processing, transmitting, and storing your personal information. Please read our Privacy Policy carefully, which explains how we collect and use your personal information.
2. The App may request your permission to access health-related information or device features, including heart rate information, blood pressure-related records, camera access, or other applicable permissions during regular operation. If additional permission is required, we will ask for your permission in advance.

1.3 No Medical Advice

We offer our App for general wellness, informational, and lifestyle tracking purposes only and do not intend to diagnose, treat, cure, or prevent any medical condition.

To the maximum extent permitted by applicable law, you expressly agree that we are not providing medical or healthcare advice through the Service, including advice relating to nutrition, exercise, blood pressure, heart rate, pulse, or other health conditions.

You should always seek advice from a licensed physician or other qualified healthcare professional regarding any medical condition or health concern you may have. The Service may not be appropriate for everyone, and you should consult with a qualified healthcare professional to determine whether the Service is appropriate for you.

You acknowledge that you are solely responsible for decisions regarding your health and that information provided by the App should not be used as a substitute for professional medical advice, diagnosis, treatment, or emergency services.

1.4 Certain Restrictions

The rights granted to you in this Agreement are subject to the following restrictions:

(a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App.

(b) You shall not modify, translate, adapt, merge, create derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the App, except to the extent such restrictions are expressly prohibited by applicable law.

(c) You shall not access the App in order to build a similar or competitive service or application.

(d) Except as expressly stated herein, no part of the App may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.

(e) You shall not remove or destroy any copyright notices or other proprietary markings contained on or in the App.

Any future release, update, or other addition to the functionality of the App, including in-app purchases or additional features, shall be subject to the terms of this Agreement unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on App content must be retained on any permitted copies.

1.5 Local Laws

You are solely responsible for compliance with all applicable laws and regulations, including without limitation applicable export and import regulations.

1.6 Modification

Heart Balance: BP & Pulse reserves the right, at any time, to modify, suspend, or discontinue the App or any part thereof, with or without notice, subject to applicable law.

You agree that Heart Balance: BP & Pulse will not be liable to you or any third party for any modification, suspension, or discontinuance of the App or any part thereof to the extent permitted by applicable law.

1.7 Ownership

The App provided to you is licensed to you and not sold. Heart Balance: BP & Pulse and its licensors, where applicable, own all right, title, and interest, including all related intellectual property rights, in and to the App, excluding your User Content as defined below.

This Agreement is not a sale and does not convey to you any ownership rights in or related to the App.

The Heart Balance: BP & Pulse name, logo, and product names associated with the App belong to Heart Balance: BP & Pulse or its licensors, where applicable. No right or license to use these trademarks is granted by implication, estoppel, or otherwise.

Heart Balance: BP & Pulse and its licensors reserve all rights not expressly granted in this Agreement.

2. User Content2.1 Content

1. As an App user, you may submit graphics, photos, health records, measurements, or other materials (collectively, “Content”). You understand that we cannot guarantee confidentiality with respect to Content that you voluntarily submit or share through features that allow such submission or sharing.

You understand and agree that we cannot guarantee that you will always be able to retrieve or save posted Content locally and are not responsible for any loss of Content to the extent permitted by applicable law.

1. You retain all ownership rights in your Content. By uploading, posting, or otherwise transmitting Content through features of the App that allow such transmission, you grant us only the rights reasonably necessary to operate, provide, maintain, and improve the applicable Service, subject to our Privacy Policy and applicable law.
2. When you provide Content to the App, you understand and accept responsibility for your Content and any consequences that may arise from your use or sharing of such Content.

We do not endorse any Content or any opinion, recommendation, or advice expressed therein and disclaim liability in connection with such Content to the extent permitted by law.

You represent and warrant that you own or otherwise have all necessary licenses, rights, consents, and permissions for any Content you submit or share.

1. You agree that your conduct through the App will comply with this Agreement. You represent and warrant that:

(a) you are the sole owner of or otherwise hold the necessary rights to your Content;

(b) there are no restrictions preventing you from granting the rights necessary for the operation of the Service; and

(c) your Content will not:

(i) facilitate or promote illegal activity or contain unlawful content;

(ii) contain defamatory, misleading, fraudulent, obscene, harassing, discriminatory, or otherwise unlawful material;

(iii) contain sexually explicit content;

(iv) infringe upon or violate any rights of a third party;

(v) disparage, defame, or unlawfully discredit us or any third party;

(vi) contain viruses, worms, Trojan horses, or other malicious or disabling code; or

(vii) otherwise violate applicable laws, rules, regulations, or policies.

1. You agree that you will not post or upload any Content that it is unlawful for you to possess in the country in which you reside or that would be unlawful for us to use or possess in connection with providing the Service.
2. You agree that Content submitted to the Service will not contain third-party copyrighted material or material subject to other third-party proprietary rights, including privacy or publicity rights, unless you have obtained the appropriate license, permission, or other legal authorization.
3. If we become aware of a potential violation of this Agreement, we reserve the right, but have no obligation, to determine whether Content complies with this Agreement and applicable law. We may remove such Content or restrict a user's access to the applicable features where reasonably necessary.

2.2 Paid Services

1. Some Services provided by the Software may require payment (“Paid Services”). You may choose from subscription packages made available through the App, which may include weekly, monthly, or annual subscription plans.

Once payment has been successfully completed, you may access the applicable Paid Services during the relevant subscription period, subject to the applicable subscription terms.

In the future, the Software may include additional Paid Services. If you have already subscribed to a Paid Service, additional features may become available during your subscription period without additional charge, unless otherwise stated at the time of purchase.

1. For Paid Services offered through the App, payment will be processed using the payment method made available prior to purchase, which may include Apple App Store or Google Play payment services, depending on your device and platform.

You agree to comply with the applicable terms and conditions of the relevant application store and payment provider.

1. We may modify our pricing and payment policies in accordance with applicable laws and business requirements.

Some previously free features may become Paid Services in the future. If applicable fees are not paid when due, access to the relevant Paid Services may be suspended or discontinued.

Unless otherwise required by applicable law or the applicable application store's policies, purchases and subscriptions are generally non-refundable.

2.3 Update, Discontinuation, Suspension, and Termination of the App

1. You have the right to stop using the App at any time.
2. The App may be updated from time to time. You may decide whether to install available updates. If you do not install an update, certain features or services may no longer function properly or may become unavailable.
3. We reserve the right to amend, interrupt, suspend, or terminate the App or any Service based on operational, technical, security, legal, or business considerations.
4. You agree that we may, without prior notice where reasonably necessary, suspend or terminate the Service related to the App if:

• you breach these Terms;
• we are required to do so by applicable law or a competent authority; or
• suspension or termination is reasonably necessary to protect the App, our users, or our services.

1. Upon termination of the Service, we may, subject to applicable law and our Privacy Policy, delete or disable access to information associated with your use of the App.

2.4 Indemnification

You agree to indemnify and hold harmless Heart Balance: BP & Pulse, its affiliates, licensors, service providers, officers, directors, employees, agents, successors, and assigns from claims, damages, liabilities, costs, and reasonable legal expenses arising from your violation of this Agreement, your unlawful use of the App, or your violation of the rights of another person or third party, to the extent permitted by applicable law.

3. Third Parties3.1 Application Stores

You acknowledge and agree that the availability of the App depends on the third-party platform from which you obtained the App, such as the Apple App Store or Google Play Store (“Application Store”).

You acknowledge that this Agreement is between you and Heart Balance: BP & Pulse and not with the Application Store.

The Application Store is not responsible for the App, its content, maintenance, support services, or warranties, or for addressing claims relating to the App, including product liability, legal compliance, or intellectual property infringement.

You agree to pay any fees charged by the Application Store in connection with your use of the App, if applicable.

You agree to comply with all applicable third-party terms and policies when using the App.

You acknowledge that the applicable Application Store and its subsidiaries may be third-party beneficiaries of this Agreement and may have the right to enforce applicable provisions of this Agreement where permitted by the relevant platform's terms.

3.2 Third-Party Services

Heart Balance: BP & Pulse may use or integrate certain third-party services to support app functionality, analytics, advertising, attribution, payment processing, or other services.

When you access or use a third-party service through or in connection with the App, the applicable third party's terms and privacy policies may apply.

We are not responsible for and do not control third-party services. We provide access to such services for convenience or operational purposes and do not necessarily endorse or make representations regarding such third-party services.

You use third-party services at your own risk.

3.3 Other Users

The App may contain User Content provided by other users if applicable. Heart Balance: BP & Pulse is not responsible for User Content provided by other users and does not necessarily endorse or verify such Content.

You are responsible for your interactions with other users and use such Content or interact with other users at your own risk.

3.4 Release

To the maximum extent permitted by applicable law, you release and discharge Heart Balance: BP & Pulse and its suppliers from claims, demands, and rights of action arising from your interactions with third-party services, other App users, or third-party advertisers.

4. Fees

You agree to pay all fees and applicable taxes incurred by you in connection with purchases made through the App.

Heart Balance: BP & Pulse may revise the pricing for goods and services offered through the App at any time, subject to applicable law and the applicable application store's policies.

Except where a refund is required by applicable law or the applicable Application Store's policies, payments for subscriptions or Paid Services are generally non-refundable.

Unused subscription periods, features, or services do not automatically entitle you to a refund.

5. General5.1 Changes to this Agreement

This Agreement may be revised from time to time. If we make material changes, we may notify you by posting notice of the changes within the App, on our website, or through other reasonable means.

Changes will become effective on the date specified in the updated Agreement. Your continued use of the App after the effective date of the revised Agreement constitutes your acceptance of the revised Terms, to the extent permitted by applicable law.

The date of the latest update will be indicated at the top of this document. We recommend that you review this Agreement periodically to remain informed about any changes.

5.2 Notice

Any notice provided to Heart Balance: BP & Pulse pursuant to this Agreement should be sent to:

Email: operations@durancruz.com

5.3 Severability

If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain in effect.

The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable to the maximum extent permitted by law.

5.4 Entire Agreement

This Agreement constitutes the final, complete, and exclusive agreement between you and Heart Balance: BP & Pulse with respect to the subject matter hereof and supersedes all prior discussions and agreements between the parties concerning such subject matter, including prior End User License Agreements and Terms of Service.

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

The word “including” means “including without limitation.”

Your relationship with Heart Balance: BP & Pulse is that of an independent user, and neither party is an agent, employee, or partner of the other.

This Agreement and your rights and obligations under it may not be assigned by you without our prior written consent, except where otherwise permitted by applicable law.

Heart Balance: BP & Pulse may assign this Agreement in connection with a merger, acquisition, reorganization, sale of all or substantially all of its assets, or operation of law, without your consent where permitted by applicable law.

The terms of this Agreement shall be binding upon permitted successors and assigns.