Terms of Use

These Terms are provided by:

Pulse Mindfulness Inc.
Email: info@pulsemindfulness.com

Additional contact, support, returns, or business details may be provided elsewhere on our website, in your order documentation, or in product materials.

These Terms apply to your use of our website, app, products, checkout, firmware updates, customer support, and related services.

Additional terms may apply to certain features or services, including:
- warranty terms
- preorder, deposit, referral, promotion, or campaign
-specific terms- app store terms
- shipping, return, or support instructions
- third-party service terms where relevant
- product safety, charging, regulatory, operating, and setup instructions provided with the product, in packaging inserts, in the app, during setup, or on our website

Our Privacy Policy explains how we process personal data. Our Cookie Policy explains how we use cookies and similar technologies on our website and checkout.

If there is a conflict between these Terms and mandatory law, mandatory law will prevail.

You may use our services only if you can form a binding contract under applicable law.

Our services are not directed to children under 13. If you are under the age of majority in your jurisdiction, you may use the services only with the involvement of a parent or legal guardian where required by law.

The Pulse Ring and related accessories are not toys. They may contain small parts and are not intended for young children. Children under 3 should not have access to the product or accessories because of choking and similar risks. Minors and other persons who may be unable to understand or follow product instructions should use the product only with appropriate supervision where required.

You may use our services only for lawful, personal, and non-commercial purposes unless we have agreed otherwise in writing.

Some features may require you to create an account.

You agree to provide accurate, current, and complete information and to keep it updated.

You are responsible for:
- maintaining the confidentiality of your login credentials
- restricting access to your account and devices
- activities that occur under your account where caused by your actions, omissions, or failure to safeguard credentials

You must notify us promptly if you believe your account or credentials have been compromised.

We may require you to verify your identity before assisting with account-related requests.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Pulse app and related firmware or software solely for your personal use in connection with compatible Pulse products and services.

You may not, except where applicable law does not allow the restriction:
- copy, modify, distribute, sell, sublicense, or lease the app or software
- reverse engineer, decompile, or attempt to extract source code
- circumvent technical or security measures
- use the app or software in an unlawful or unauthorized way

The app may include software, content, or services provided by third parties, including app store operators. Your use of those third-party elements may also be subject to their terms.

You agree not to:
- use the website, app, products, or services in violation of law
- interfere with the operation, security, or integrity of the services
- attempt unauthorized access to any system, account, or data
- use automated means to scrape, overload, or disrupt the services except as permitted by law or with our written approval
- misuse customer support channels
- infringe our intellectual property rights or the rights of others
- use the services in a way that could harm us, other users, or third parties

We may investigate misuse and take appropriate action, including suspension, cancellation of orders where justified, refusal of service, or legal action, subject to applicable law.

We strive to describe our products and services accurately. However, product descriptions, images, specifications, colors, availability, pricing, compatibility information, and setup or safety information may change from time to time and may contain errors or omissions.

We reserve the right to correct errors, update information, limit quantities, and discontinue products or features at any time, subject to applicable law.

Nothing on our website constitutes a guarantee that any product or feature will always be available.

When you place an order through our checkout, you are making an offer to purchase.

Your order is not accepted until we confirm acceptance or dispatch the product, whichever occurs first.

We may decline or cancel an order where reasonably necessary, including for example in cases of:
- pricing or listing errors
- suspected fraud or abuse
- payment problems
- stock or fulfilment issues
- legal or regulatory restrictions
- obvious mistakes in the order

If we cancel an order after payment has been taken, we will refund the amount paid for the canceled portion in accordance with applicable law.

You are responsible for ensuring that the information you provide during checkout is accurate, including shipping address, contact details, selected product, size, color, and any other order information.

Prices shown at checkout are the prices applicable to your order at that time, unless there is an obvious error.

Depending on the market and checkout presentation:
- prices may be shown inclusive or exclusive of VAT, sales tax, or similar taxes
- shipping charges, duties, or similar fees may be shown separately or included where stated

You are responsible for paying all amounts due for your order as displayed at checkout.

Payments are processed through third-party payment and commerce providers. We do not necessarily store full payment card details ourselves.

If your payment method is declined or reversed, we may suspend fulfilment, cancel the order where lawful, or require an alternative payment method.

Delivery estimates are estimates only and are not guaranteed unless expressly stated otherwise.Shipping times may vary due to stock availability, carrier delays, customs processes, address issues, and other factors beyond our reasonable control.

Risk of loss or damage passes according to applicable law. Where mandatory consumer law applies, risk will not pass to a consumer before the consumer, or a person designated by the consumer, takes physical possession of the goods, except where applicable law provides otherwise.

You are responsible for checking the shipment upon delivery and contacting us within a reasonable time if the product appears damaged, incomplete, or incorrect.

If we offer preorders, deposits, reservation flows, sizing-kit flows, or later product-selection steps, additional terms may apply and will be disclosed in the relevant checkout flow, campaign materials, or follow-up communications.

Where such flows apply:
- a deposit may reserve a place, priority, or future order opportunity rather than immediate shipment
- final product configuration, size, color, shipping fee, or remaining balance may be collected later
- fulfilment may depend on completion of required follow-up steps
- timelines may be estimates and may change

Any campaign-specific or preorder-specific terms will supplement these Terms.

If you are a consumer and mandatory law gives you a right to withdraw from a distance contract, this section applies unless an exception applies under law.

A. Withdrawal period
For most physical goods purchased online, you may withdraw from the contract within 14 days without giving a reason.

The withdrawal period generally expires 14 days after:
- you, or a third party indicated by you other than the carrier, acquires physical possession of the goods, or
- if your order covers multiple goods delivered separately, the day you acquire physical possession of the last good

B. How to exercise the right
To exercise the right of withdrawal, you must inform us by a clear statement before the withdrawal period expires.You may do so by email to: info@pulsemindfulness.com

You may use wording such as:
"I hereby withdraw from my contract of sale for the following goods: [insert goods], ordered on [date] / received on [date], name: [name], address: [address], email: [email]."

C. Effects of withdrawal
If you validly withdraw:
- we will reimburse the payments received from you for the withdrawn goods, including standard outbound delivery charges where required by law
- we may make deductions where permitted by law, for example for diminished value resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods
- we will make reimbursement using the same payment method you used for the original transaction unless otherwise agreed

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent them back, whichever is earlier, where permitted by law.

D. Returning the goods
You must send back or hand back the goods without undue delay and no later than 14 days after communicating your withdrawal, unless applicable law provides otherwise.

Unless we state otherwise, you are responsible for the direct cost of returning the goods where that allocation is lawful.

E. Exceptions
‍The right of withdrawal may not apply, or may be lost, in certain cases provided by law. For example, exceptions may apply to sealed goods not suitable for return for health or hygiene reasons if unsealed after delivery, or to digital content or services once performance has started with the required consent and acknowledgment, where legally applicable.

Nothing in this section limits any mandatory withdrawal rights you may have under applicable law.

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In addition to any mandatory legal rights, we may from time to time offer a commercial return policy, exchange policy, or campaign-specific return arrangement. If we do, the relevant terms will be stated separately.

A commercial return policy, if offered, is in addition to and does not replace mandatory legal rights.

If you receive a product that is defective, damaged in transit, incomplete, or not as described, please contact us at info@pulsemindfulness.com and provide reasonable details, such as your order number, a description of the issue, and photos where helpful.

Where applicable law gives you remedies for defective or non-conforming goods, those rights remain unaffected by these Terms.

Depending on the circumstances and applicable law, available remedies may include:
- repair
- replacement
- refund
- price reduction
- other statutory remedies

We may provide a limited hardware warranty for eligible Pulse products. Any such warranty will apply according to the terms provided with the product or on our website.

Any commercial warranty we provide is in addition to, and does not replace, any non-waivable rights you may have under applicable consumer law, including statutory rights relating to defective or non-conforming goods.

You agree to use Pulse products only in accordance with:
- product instructions
- safety notices
- charging instructions
- environmental and operating limitations
- regulatory and disposal instructions
- common-sense safety precautions

Additional safety, charging, regulatory, operating, disposal, and product-use instructions may be provided with the product, in packaging inserts, in the app, during setup, or on our website. You agree to review and follow those instructions as part of proper use of the product.

Pulse products and related accessories are intended for general wellness and consumer use only, not for hazardous, high-risk, industrial, medical, or safety-critical use.

You must not use the product in a way that is unsafe, including where doing so could distract you or create risk while:
- driving
- cycling
- operating machinery
- climbing
- welding
- doing construction work
- doing heavy lifting
- participating in contact sports
- handling situations with entrapment, crush, strike, snag, or impact risk
- handling situations requiring full attention or emergency response

You must use the product only with compatible accessories and in accordance with the supplied charging and setup instructions. Unless applicable law requires otherwise, do not use damaged chargers, damaged cables, or damaged accessories, and do not attempt to open, modify, puncture, crush, burn, or replace the battery.

You should keep the product away from strong magnetic fields, equipment that may be affected by magnets, and situations involving exposed electrical circuits, batteries, conductive materials, or other conditions that could create burn, shock, short-circuit, or injury risk.

You should stop using the product and contact us if:
- the product appears damaged
- the charger, battery, or casing appears compromised
- the product becomes unusually hot
- the product shows unusual smell, smoke, discoloration, leakage, or deformation
- you experience irritation, redness, rash, pain, numbness, swelling, restricted circulation, or another adverse physical reaction
- you suspect the product is malfunctioning

Do not wear the product over open wounds, broken skin, irritated skin, infected skin, or in a way that is excessively tight or that may impair circulation. If the ring cannot be removed safely and promptly in a situation involving swelling, pain, numbness, or restricted blood flow, seek medical assistance without undue delay.

If you have a pacemaker, implant, skin sensitivity, circulation issue, neuropathy, diabetes, another medical condition, or other health concern, consult an appropriate professional before use if needed.

Do not use or charge the product in ways or environments that are unsafe, including hazardous or flammable environments, or in conditions involving excessive heat, moisture, dust, sand, or other conditions outside the product instructions.

Damage caused by misuse, accident, unauthorized modification, improper charging, improper storage, failure to follow product instructions, or use outside stated instructions may not be covered by any commercial warranty, subject to applicable law.

Pulse products, content, app features, and related communications are intended for general wellness, informational, and lifestyle purposes only.

They are not medical devices unless expressly stated otherwise, and they are not intended to:
- diagnose
- treat
- cure
- monitor medical conditions
- replace professional medical or mental health advice, diagnosis, or treatment

Do not use Pulse products or services for emergency detection, crisis management, or emergency response, and do not rely on them in emergencies.

If you believe you are having a medical or mental health emergency, contact emergency services or a qualified professional immediately.

We may update, modify, suspend, or discontinue features of the website, app, firmware, or related services from time to time for reasons such as:
- security
- legal compliance
- bug fixes
- product improvement
- operational changes
- service provider changes

We do not guarantee that the services will be uninterrupted, error-free, or available at all times.

Where required by law, we will provide updates necessary to maintain conformity of digital elements or services.

All rights, title, and interest in and to the website, app, software, firmware, content, branding, trademarks, logos, design, text, graphics, audio, video, product designs, the technology embodied in the Pulse Ring, charger, and related accessories, product materials, and related intellectual property belong to us or our licensors.

Except for the limited rights expressly granted in these Terms, no rights are granted to you.

You may not use our trademarks, trade dress, copyrighted materials, product designs, or other protected intellectual property without our prior written permission, except as permitted by law.

If you send us feedback, suggestions, or ideas, you grant us a non-exclusive, worldwide, royalty-free license to use them for any lawful purpose without obligation to you, provided that this does not limit any non-waivable rights you may have under law.

Our website, app, or communications may contain links to or integrations with third-party services, content, platforms, or tools.

We are not responsible for third-party services that we do not control. Your use of those services is governed by their own terms and policies.

For example, checkout, payment processing, analytics, embedded media, app distribution, communications, and referral tools may involve third-party providers.

Our Privacy Policy explains how we collect, use, store, and share personal data in connection with the website, checkout, app, products, support, and related services.

Our Cookie Policy explains how we use cookies and similar technologies on:
- www.pulsemindfulness.com
- checkout.pulsemindfulness.com

By using the website and checkout, you acknowledge that certain necessary cookies and similar technologies may be required for essential functionality. Non-essential cookies are used only as described in our Cookie Policy and, where required by law, based on your consent.

To the fullest extent permitted by applicable law:
- the website, app, and related digital services are provided on an "as is" and "as available" basis
- we do not guarantee uninterrupted availability, freedom from errors, or that the services will always meet your expectations or intended results
- we do not guarantee that all content will always be complete, current, or error-free

However, nothing in these Terms excludes, limits, or overrides:
- mandatory consumer rights
- liability that cannot lawfully be excluded or limited
- any express warranty we provide
- any statutory rights relating to product conformity, defects, withdrawal, or remedies

Nothing in these Terms excludes or limits liability for:
- death or personal injury caused by negligence where such liability cannot be excluded
- fraud or fraudulent misrepresentation
- willful misconduct or gross negligence where such liability cannot be excluded
- violation of mandatory consumer rights
- any other liability that cannot lawfully be excluded or limited

Subject to the above and to the fullest extent permitted by law, we will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to the use of the website, app, or services.

Where a limitation of direct damages is permitted by law and applicable to your claim, our aggregate liability for direct damages arising out of or relating to the relevant product or service will not exceed the greater of:
- the amount you paid to us for the relevant product or service giving rise to the claim during the 12 months before the event giving rise to liability, or
- 100 USD

This section applies only to the extent permitted by applicable law and does not reduce any non-waivable consumer remedies.

You may stop using the services at any time.

We may suspend or terminate access to all or part of the website, app, account, or related services where reasonably necessary, including for:
- breach of these Terms
- fraud, abuse, or unlawful use
- security or technical risk
- non-payment where relevant
- compliance with law or lawful requests
- protection of us, users, or third parties

Where reasonable and lawful, we will try to provide notice and an opportunity to cure before permanent termination.

Termination does not affect:
- rights and obligations accrued before termination
- payment obligations already incurred
- provisions that by their nature should survive, including IP, liability, dispute, and general provisions

We may update these Terms from time to time to reflect changes in:
- our products or services
- technology
- law
- business operations
- security or compliance needs

The updated Terms will become effective on the stated effective date.For material changes, we may provide additional notice where appropriate.

Changes will apply prospectively. They will not retroactively change the terms of a purchase already concluded, unless the change is required by law or otherwise validly agreed.

If you do not agree to updated Terms, you should stop using the affected services.

These Terms and any dispute arising out of or relating to them are governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent that mandatory law in your jurisdiction provides otherwise.

If you are a consumer residing outside the United States, nothing in these Terms deprives you of the protection of mandatory consumer laws of your country of residence.

Subject to Section 27 below, courts with otherwise applicable jurisdiction may hear disputes arising out of these Terms.

This section applies only to users residing in the United States, and only to the extent permitted by applicable law.

Before filing a formal claim, you and Pulse Mindfulness agree to try to resolve the dispute informally by contacting the other party.

If a dispute cannot be resolved informally, either party may require that the dispute be resolved by binding individual arbitration, except for:
- small claims matters that qualify for small claims court
- claims seeking injunctive or equitable relief relating to intellectual property or unauthorized access
- claims that cannot legally be required to be arbitrated

Arbitration will be conducted on an individual basis only. To the extent permitted by law, you and Pulse Mindfulness waive any right to participate in a class, collective, representative, or private-attorney-general action.

If a court decides that this class waiver cannot be enforced as to a particular claim or request for relief, then that claim or request for relief will proceed in court and not in arbitration.

Nothing in this section applies to non-US consumers where such arbitration or waiver would be invalid or unenforceable.

We are not responsible for delays or failures caused by events beyond our reasonable control, including:
- natural disasters
- war
- terrorism
- civil unrest
- labor disputes
- carrier disruptions
- supply shortages
- internet or infrastructure failures
- power outages
- government actions
- epidemics or pandemics

This does not affect any rights you may have under applicable consumer law.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

Our failure to enforce any provision is not a waiver of that provision or any other provision.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

These Terms, together with any additional terms that validly apply, form the entire agreement between you and us regarding the subject matter they cover, except that they do not limit any rights or obligations arising under mandatory law, separate purchase-specific disclosures, or express warranties.

Nothing in these Terms excludes, restricts, or limits any right or remedy that cannot lawfully be excluded, restricted, or limited under applicable consumer law.

If you are a consumer, your mandatory rights under applicable law remain unaffected.

info@pulsemindfulness.com
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Pulse Mindfulness Inc