Terms of service.

Last Updated: December 18, 2025

These Terms of Service (the “Terms”) apply to the products and services of PulseCheck and our subsidiaries and affiliates (“PulseCheck,” “we,” or “us”), including our websites, social media pages, software applications, and other online services (collectively, the “Services”). The term you (“you”) refers to the user of the services.

1. Agreement to Terms

Please read these Terms carefully. By accessing or using the Services, you acknowledge that you have read these Terms, that these Terms govern your use of the Services, and that you agree to them. BY AGREEING TO THESE TERMS, YOU AND PULSECHECK WILL, AS DESCRIBED IN SECTION 17 BELOW, BE REQUIRED TO RESOLVE MOST DISPUTES WITH EACH OTHER SOLELY ON AN INDIVIDUAL BASIS THROUGH ARBITRATION WHERE PERMITTED BY APPLICABLE LAW AND NOT WITH A JURY TRIAL OR AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE OR COURT PROCEEDING, PROVIDED THAT YOU DO NOT OPT OUT OF BINDING ARBITRATION AS DESCRIBED IN SECTION 17 BELOW. If you do not agree to be bound by these Terms, please do not use the Services.

2. Additional Terms

We may also have different or additional terms in relation to some of the Services. Unless we say otherwise in those terms, those terms supplement and are part of these Terms and will control to the extent there is a conflict with these Terms.

3. Service Use

Eligibility: You must be 18 years or older to use the Services.

Account Registration and Security: To use many of the Services, you must register for an account. You must provide accurate account information, keep this information updated, and maintain the security of your account. Notify us immediately by email at [email protected] of any unauthorized use of your account or any other breach of security. You are responsible for all activities that occur in connection with your account to the extent permitted by applicable law. You agree not to create an account if we have previously removed you or your account from any of the Services, absent an express written agreement to the contrary.

Information About You and Your Use of the Services: All information we collect on these Services is subject to our Privacy Policy. By using these Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

4. Subscriptions and Promotional Offers

This section provides terms related to the Services that are only available with a paid subscription (the “Paid Services”).

  1. Recurring Subscriptions: An end user who registers and purchases access to the Paid Services in their own name and for their own use (a “Personal Subscriber”), rather than through or on behalf of an Agency (as defined below) may purchase access to a recurring subscription to use the Paid Services (a “Recurring Subscription”). The subscription will be continuous for the subscription period you select and will automatically renew for another subscription period until canceled. You authorize PulseCheck to automatically charge your designated payment method at the beginning of each subscription period for the then-current price of your Recurring Subscription, along with any applicable taxes and fees specified, unless canceled in accordance with section 4(c). If we are not able to charge your payment method for your Recurring Subscription, you remain responsible for any uncollected amounts.

  2. Agency Plans: If an “Agency” (an institutional purchaser, including, but not limited to, fire departments, hospitals, police departments and third-service EMS providers) purchases a multi-user subscription to use the Paid Services (an “Agency Plan”), the subscription will apply to the number of users selected and will remain active for the subscription period chosen by the Agency. The subscription will be continuous for the subscription period selected by the Agency and will automatically renew for another subscription period until canceled. Each Agency must appoint one administrator (an “Agency Administrator”) who will have the authority to manage each Agency’s account, modify seat allocations where permitted, and serve as the primary point of contact for matters related to the Agency Plan. For avoidance of doubt, the Agency Administrator will not have access to the names of the individual users of the Agency Plan or the data within those users’ accounts. The Agency is responsible for all actions taken by its Agency Administrator(s) and its users. The Agency may be offered, but not guaranteed, the opportunity to add additional user subscriptions during a subscription period. Any additional seats will be billed at the then-current rate, unless otherwise agreed upon in writing, and will remain active for the remainder of the existing subscription term. The Agency may not remove or reduce the number of seats associated with an Agency Plan until the start of the next subscription period. The Agency authorizes PulseCheck to automatically charge the Agency’s designated payment method at the beginning of each subscription period for the then-current price of its Agency Plan, along with any applicable taxes and fees specified, unless canceled in accordance with section 4(c). If we are not able to charge the Agency’s payment method for the Agency Plan, the Agency will remain responsible for any uncollected amounts.

  3. Personal Subscriber Cancellation: Personal Subscribers holding Recurring Subscriptions must cancel their Recurring Subscription at least twenty-four (24) hours before the end of the Personal Subscriber’s current subscription period to avoid being charged for the next subscription period. If you purchased your Recurring Subscription through a third-party, like an app store, you must cancel the renewal directly with that third-party.

Agency Plan Cancellation: Agency Administrators holding Agency Plans must cancel their Agency Plan at least 30 days before the end of the Agency Plan’s current subscription period to avoid being charged for the next subscription period. Agency Plans must be canceled directly via written communication to [email protected] or, if expressly agreed upon in writing, via another mechanism. Notice of the cancellation of an Agency Plan will become effective when it is received by PulseCheck’s email server at the designated cancellation email address. Only the Agency Administrator of an Agency Plan may cancel an Agency Plan.

Contact us by email at [email protected] if you need assistance with canceling a Recurring Subscription or Agency Plan. If you cancel, you are not entitled to a refund for the fees you already paid, but, subject to these Terms, you will continue to receive access to the Paid Services until the end of your current subscription period.

  1. Changes: We may make changes to your Recurring Subscription or Agency Plan, including price changes. We will communicate material changes to your Recurring Subscription or Agency Plan, including any changes to the price, in advance via a prominent notice within the Services. If you do not agree to those changes, you can cancel your subscription as described in section 4(c).

  2. Promotional Offers Converting to Recurring Subscriptions: You may be offered a promotional offer in connection with a Recurring Subscription or Agency Plan, such as a trial period or initial discount (each a “Promotional Offer”). Additional terms specific to each Promotional Offer we offer will be as described in the particular offer (“Offer Terms”). You must meet all eligibility requirements stated in these Terms and the Offer Terms to enroll in a Promotional Offer. PulseCheck reserves the right, in its discretion, to determine your Promotional Offer eligibility, and to modify or cancel a Promotional Offer at any time. Promotional Offers may only be claimed by any advertised expiration date.

You must provide a valid payment method accepted by us to enroll in a Promotional Offer unless otherwise stated in the Offer Terms. Once your promotional period ends, you authorize PulseCheck to begin billing your designated payment method on a recurring basis at the then-current price for the relevant subscription plus any applicable taxes unless it is canceled in accordance with section 4(c) at least twenty-four (24) hours prior to the end of the promotional period.

  1. Sponsored Subscriptions: We may also offer you the ability to access the Paid Services as part of an agreement between PulseCheck and your insurance provider, health plan, or another entity (each, a “Sponsor”). Subscriptions activated via this arrangement are Sponsored Subscriptions (“Sponsored Subscriptions”). Sponsored Subscriptions are distinct from the Agency Plans contemplated in 4(b), as PulseCheck will not provide any user data to the Sponsors. If you use PulseCheck under a Sponsored Subscription, you will do so in the capacity of a Personal Subscriber. To receive access to the Paid Services via a Sponsored Subscription, you must follow the instructions provided by your Sponsor pursuant to the terms of its agreement with PulseCheck. Your ability to access and use the Paid Services via a Sponsored Subscription may be subject to additional terms between you and the Sponsor. Once your eligibility via a Sponsored Subscription expires, your right to use the Paid Services via a Sponsored Subscription will automatically terminate.

5. Other Payment Terms

  1. Payment Method: If you purchase a subscription, gift card, or other item through the Services, you must provide an accurate and up-to-date payment method acceptable by us. You authorize PulseCheck to charge any purchase to your designated payment method, including the then-current price plus any applicable taxes and fees specified. No transaction is binding on PulseCheck until accepted and confirmed by PulseCheck. We may update your stored payment method using information provided by our payment service providers. Following any update, you authorize us to continue to charge the applicable payment method(s). You are responsible for any additional charges that your payment method provider charges.

  2. Cancellations and Disputes: If you have any concerns regarding any transactions through the Services, you must raise them with us first and not cancel or reverse charges through your payment method provider unless you have made a reasonable attempt to resolve the matter directly with us or otherwise as provided by applicable law. PulseCheck reserves the right to verify your identity or request more information in connection with your purchases, and not to process or to cancel purchase requests, including if we suspect fraud or if your payment method is declined.

  3. Refunds: You will not have the right to receive a refund for any amounts paid to us unless otherwise required by applicable law.

  4. Future Functionality: Your purchases are not contingent on the delivery of any current or future functionality, content, or features, or dependent on any oral or written public comments made by PulseCheck regarding such functionality or features.

6. Services and User Content Rights

  1. PulseCheck Services Ownership: Subject to the limited license rights granted under these Terms, PulseCheck and its licensors exclusively own all right, title, and interest in and to the Services, including all text, graphics, images, audio, video, or other materials made available via the Services, and all associated intellectual property rights. You acknowledge that the Services are protected by intellectual property rights and other laws of the United States. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any part of the Services. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Services, except as necessary for your permitted use of the Services.

  2. Limited License Granted by PulseCheck: Subject to your compliance with these Terms, PulseCheck grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your personal, non-commercial purposes (unless PulseCheck has granted you written permission to do otherwise, for example on a trial or test basis). Further, PulseCheck grants you a limited non-exclusive, non-transferable, and non-sublicensable license to download and install a copy of any mobile app we distribute through an app store on a mobile device that you own or control. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and will violate our intellectual property rights. Subject to your mobile device configurations, you authorize us to automatically install updates to any of our mobile apps.

  3. User Content Ownership: Except for the license you grant below, PulseCheck does not claim any ownership rights in any messages, images, text, or other content posted through the Services by our users, including any content you post to social media platforms that tags a PulseCheck account or that uses a hashtag incorporating a PulseCheck trademark (collectively, “User Content”). User Content does not include any portion of the Services included in your User Content. Nothing in these Terms will be deemed to restrict any mandatory rights that you may have to use and exploit your User Content, as between you and PulseCheck.

  4. License You Grant to PulseCheck: By making User Content available to PulseCheck, you hereby grant to PulseCheck a non-exclusive, worldwide, royalty-free, transferable and sublicensable license to use, host, store, publish, translate, reproduce, adapt, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed in connection with operating, marketing, and providing the Services without compensation to you, solely for the purposes of operating, maintaining, improving, and providing the Services, including for security purposes, fraud prevention, enforcing these Terms, and complying with applicable laws and legal processes.

Except for User Content that you submit or share through public or community-facing features of the Services, PulseCheck will not publish, publicly display, or otherwise distribute your User Content. User Content such as journal entries, mood logs, assessments, or other mental-health-related data that you enter is treated as “Private Content” and is used only to provide and improve the Services.

Notwithstanding the above, to the extent permitted by applicable law, you grant PulseCheck the right to create, use and share de-identified or aggregated data derived from your User Content, including Private Content, to Agencies for the purpose of helping Agencies understand general trends, usage patterns, and the overall well-being of their users. Such data will not identify you or be shared in a form that reasonably permits re-identification. PulseCheck retains all rights, title, and interest in de-identified and aggregated data.

Nothing in this section limits or modifies PulseCheck’s obligations in its Privacy Policy.

You warrant and represent that you have the rights necessary to provide your User Content to PulseCheck and that PulseCheck’s use of your User Content in accordance with these Terms will not infringe, misappropriate, or violate the rights of any person or entity.

7. Third-Party Content

The Services may contain information about, and links to, third-party products, services, websites, resources, activities, or events, and we may allow third-parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content only as a convenience and do not control or endorse, and make no representations or warranties regarding, any Third-Party Content. To the extent permitted by applicable laws, you acknowledge sole responsibility for, and assume all risk arising from, your access to and use of such Third-Party Content.

8. Copyright Complaints and Repeat Infringer Policy

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringes your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

·      Your physical or electronic signature.

·      Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.

·      Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

·      Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

·      Include both of the following statements in the body of the DMCA Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Our designated Copyright Agent to receive DMCA Notices is:

Copyright Agent, PulseCheck, 2108 N ST 4960, Sacramento, CA 95816; [email protected].

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Offenders: Please note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

9. Prohibitions on User Content and Conduct

You are solely responsible for your User Content and conduct while using the Services, and will not do any of the following:

  1. Post, upload, create, publish, store, submit, transmit, or otherwise share any User Content that: (i) is confidential and for which you do not have all necessary rights to disclose or to grant us the license described above; (ii) may or does infringe, misappropriate, or violate a third-party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, these Terms, the rights of any party, or otherwise create liability or violate any applicable local, state, national, or international law or regulation or would give rise to civil or criminal liability; (iv) is fraudulent, false, misleading, or deceptive; (v) impersonates or misrepresents your affiliation with, any person or entity or contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences; (vi) is defamatory, obscene, pornographic, vulgar, offensive, unlawful, libelous, indecent, lewd, suggestive, abusive, or inflammatory; (vii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (viii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (ix) promotes illegal or harmful activities or substances; (x) contains any unsolicited or unauthorized promotions, political campaigning, advertising, or solicitations; (xi) contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or (xii) in our sole judgment, is objectionable, restricts, or inhibits any other person from using or enjoying the Services, or may expose PulseCheck or others to any harm or liability of any type;

  2. Copy, reproduce, distribute, use, publicly perform, or publicly display, mirror, or frame the Services, or any individual element within the Services, PulseCheck’s name, any PulseCheck trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without express written consent from PulseCheck or its licensors;

  3. Modify the Services, remove any proprietary rights notices, or markings, or otherwise make any derivative works based upon the Services;

  4. Use the Services other than for their intended purpose and in any manner not permitted by these Terms, that violates these Terms or any applicable law, regulation, contract, intellectual property right, or other third-party right, or that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;

  5. Develop or use any applications that interact with the Services without our prior written consent;

  6. Avoid, bypass, ignore, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by PulseCheck or any of PulseCheck’s providers or any other third-party (including another user) to protect the Services;

  7. Attempt to access or search the Services, scrape, or extract data or other content from the Services, including through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software or search agents provided by PulseCheck;

  8. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services, or do anything that might discover source code;

  9. Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

  10. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

  11. Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;

  12. Use or attempt to use another user’s account without authorization from that user and PulseCheck; or

  13. Encourage or enable any other individual to do any of the foregoing.

Although we are not obligated to monitor access to or use of the Services or to review or edit any User Content, we have the right to do so at any time and for any reason without notice. To the extent permitted by applicable law, we reserve the right, but are not obligated, to enforce this section by removing or disabling access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be in violation of these Terms. Our failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. In addition, this section does not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any User Content that is prohibited by such rules.

10. Trademarks

You must not use any trademarks of PulseCheck without the prior written permission of PulseCheck. Any and all third-party trademarks mentioned on the Services are the property of their respective owners. Reference to any products, Services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by PulseCheck.

11. Termination

We may suspend or terminate your access to and use of the Services or your account if you violate these Terms, in our sole discretion without notice to you and to the extent permitted by applicable law. We may terminate your Paid Services subscription if your Paid Services subscription was obtained through a third-party promotion and you no longer meet the eligibility requirements for that offer. We may terminate your subscription if your Paid Services subscription was obtained through an organization, including, but not limited to, via an Agency Plan, if you are no longer eligible for a subscription based on the terms of our agreement with your organization. We may suspend or terminate an Agency Plan if the Agency fails to pay any fees when due, violates these Terms, or as otherwise permitted under our agreement with the Agency. Upon termination or expiration of an Agency Plan, all user accounts associated with that Agency may be deactivated unless users convert to an eligible individual subscription.

You may cancel your account at any time by sending an email to us at [email protected] although you will still have to cancel any active subscriptions as stated in section 4(c).

Upon any termination, suspension, discontinuation, or cancellation of the Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. If your account or subscription is terminated, you will not be entitled to any refund of fees already paid, except as required by applicable law.

12. Warranty Disclaimers

Your use of the Services is at your sole risk. Except as otherwise provided in writing by us and to the extent permitted by applicable laws, the Services are provided “as is” and “as available” without warranties of any kind, express or implied. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.

We make no representation or warranty that the Services will meet your requirements or be available on an uninterrupted or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any of the Services. You assume the entire risk as to the quality and performance of the Services to the extent permitted by applicable law.

13. Medical Disclaimers

  1. the Services are provided for informational purposes only and are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, or to be a substitute for professional medical care, including therapy;

  2. PulseCheck is not a licensed medical care provider and does not engage in, and has no expertise in, diagnosing, examining, or treating medical conditions of any kind, or in prescribing treatments or determining the effect of any specific treatment on a medical condition;

  3. PulseCheck does not provide emergency services and is not obligated to contact you or anyone on your behalf with respect to your medical condition or treatment;

  4. PulseCheck is not responsible for the accuracy, reliability, effectiveness, or correct use of any of the Services;

  5. You should always consult a medical professional if you have any questions regarding a medical condition;

  6. You should never disregard professional medical advice or delay in seeking it because of something you have read or received using the Services; and

  7. If you are you are having thoughts of suicide or self-harm, please call or text 988, the suicide and crisis lifeline. If you are experiencing a medical or mental health emergency, please contact 911 or go to the nearest emergency room.

Not all activities described as part of the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You are solely responsible for your use of the Services.

14. Indemnity

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless PulseCheck and its officers, directors, partners, employees, and agents (individually and collectively, the “PulseCheck Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees (“Claims”), arising out of or in any way connected with: (a) your access to or use of the Services; (b) your User Content or feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services.

You will promptly notify the PulseCheck Parties of any third-party Claims, cooperate with the PulseCheck Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the PulseCheck Parties will have control of the defense or settlement, at PulseCheck’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and PulseCheck or the other PulseCheck Parties.

15. Limitation of Liability

To the fullest extent permitted by applicable law, neither PulseCheck nor any other party involved in creating, producing, or delivering the Services will be liable for any incidental, special, exemplary, indirect, or consequential damages, including, but not limited to, death, physical injury, emotional distress, lost profits, loss of data or goodwill, service interruption, computer damage or system failure, or the cost of substitute Services arising out of or in connection with these Terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not PulseCheck has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Unless such limits are prohibited by applicable law, in no event will PulseCheck’s total liability arising out of or in connection with these Terms or from the use of or inability to use the Services exceed the greater of: (a) the amounts you have paid to PulseCheck for use of the Services; or (b) fifty U.S. dollars ($50). The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between PulseCheck and you.

16. Assumption of Risk

You represent and warrant that you are in good health and have no disability or disease that would make the practices of yoga or meditation dangerous. You acknowledge that exercise activities, including the aforementioned, involve risks, which may include bodily injury or death, and that you assume those risks. You should consult a licensed physician prior to beginning or modifying any exercise program, including yoga, that you undertake, and you acknowledge that PulseCheck has advised you of the necessity for obtaining such consultations. In addition, the yoga components of the Services should not be used by pregnant women. The Services are a source of information, but do not provide medical advice. In no event shall PulseCheck be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Services or any exercise or other activity you undertake in connection with your use of the Services.

17. Agreement to Arbitrate

PLEASE READ THIS SECTION CAREFULLY BECAUSE, UNLESS YOU OPT OUT, IT REQUIRES YOU AND PULSECHECK TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND PULSECHECK FROM SUING IN COURT. YOU AND PULSECHECK AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services, including any claims related to privacy or data security (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (a) to bring an individual action in small claims court; and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction, including to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. For clarity, subject to the terms of this section 17, this agreement to arbitrate applies to Disputes based on events or activities that occurred prior to Last Updated date indicated at the top of these Terms.

Without limiting the preceding sentence, you have the right to opt out of binding arbitration by providing PulseCheck with written notice of your desire to do so by email at [email protected] within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). In order to be effective, the Arbitration Opt-out Notice must include your full name, and mailing address, and email address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with section 17.

These Terms affect interstate commerce, and the enforceability of this section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law.

a.     Initiating an Arbitration: Before either party brings an arbitration action, it will first attempt to resolve the Dispute informally via the following process.

If you assert a Dispute against PulseCheck, you will first contact PulseCheck by sending a written notice of your Dispute to PulseCheck by certified mail addressed to PulseCheck, 2108 N ST 4960, Sacramento, CA 95816 or by email to [email protected] Your notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. If PulseCheck asserts a Dispute against you, PulseCheck will provide notice via in-app notification or by any contact method you have provided. PulseCheck’s notice must (i) include the name of a PulseCheck contact and the contact’s email address and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. Each such notice described in this paragraph, whether sent by you or PulseCheck (a “Notice”).

If you and PulseCheck cannot reach an agreement to resolve the Dispute within thirty (30) days after you or PulseCheck receives such a Notice, then either party may submit the Dispute to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or PulseCheck first send the applicable Notice, so that the parties can engage in this informal dispute-resolution process.

b. Arbitration Rules: The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The then-current version of the AAA Consumer Arbitration Rules (“AAA Rules”) will govern the arbitration, except to the extent those rules conflict with these Terms. The arbitrator is bound by these Terms. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. ‍

(i) YOU AND PULSECHECK AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND PULSECHECK ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated Disputes are asserted against PulseCheck or you by the same or coordinated counsel, may not consolidate more than one individual’s Disputes, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual

(ii) If the claim is for ten thousand U.S. dollars ($10,000) or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing. In the case of an in-person hearing, unless PulseCheck and you agree otherwise, any arbitration hearings will take place in Sacramento, CA. If the parties are unable to agree on a location, the determination will be made by the arbitration institution. If your claim exceeds ten thousand U.S. dollars ($10,000), the right to a hearing will be determined by the AAA Rules.

(iii) Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules with the remainder of the fees paid by PulseCheck. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous, unreasonable, groundless or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse PulseCheck for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits. ‍

(iv) The arbitrator will have exclusive authority to decide the jurisdiction of the arbitrator, including any unconscionability challenge or other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator will also have the exclusive authority to determine the rights and liabilities, if any, of you and PulseCheck. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum's rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and PulseCheck.

(v) These Additional Procedures for Mass Arbitrations (in addition to the other provisions of this arbitration provision and the applicable AAA Rules) shall apply if twenty-five (25) or more similar disputes are asserted against PulseCheck or against you by the same or coordinated counsel or are otherwise coordinated (collectively “Mass Arbitration”). These Additional Procedures for Mass Arbitrations are designed to lead to the streamlined and cost-effective resolution of claims and to ensure that large volume filings do not impose unnecessary burdens or impediments to the resolution and cost-effective adjudication of similar claims. They are not intended to delay or deny access to arbitration. You understand, acknowledge, and agree that Mass Arbitrations may delay resolution of your dispute. The parties agree that as part of initiating a Mass Arbitration, their counsel shall meet and confer in good faith in an effort to resolve the disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties' and the AAA's resources.

(vi) If at least one hundred (100) disputes are submitted as part of the Mass Arbitration, counsel for each party shall each select fifty (50) disputes to be filed, assigned to different arbitrators (no arbitrator shall be assigned more than three (3) disputes) and to proceed as cases in individual arbitrations. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of this process. The remaining disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining disputes, and PulseCheck shall pay the mediator's fee. If counsel cannot agree on a mediator, one will be selected by the arbitrator.

(vii) If at the end of the process described in the immediately preceding paragraph, twenty-five (25) or more similar disputes have not been resolved, then the remaining disputes shall be arbitrated subject to the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule. If fewer than twenty-five (25) disputes remain, the remaining disputes shall proceed individually.

b.     Enforceability: If any portion of this section 17 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this section 17 or the parties’ ability to compel arbitration of any remaining Disputes on an individual basis pursuant to this section 17; and (iii) to the extent that any Disputes must therefore proceed on a class, collective, consolidated, or representative basis, such Disputes must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those Disputes will be stayed (and statutes of limitations tolled) pending the outcome of any individual Disputes in arbitration. Further, if any part of this section 17 is found to prohibit an individual Dispute seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section 17 will be enforceable.

c.     Changes: Notwithstanding the provisions of section 21, if PulseCheck changes this section 17 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected]) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of PulseCheck’s notification to you, including, but not limited to, email notifying you of such change. In order to be effective, the rejection notice must include your full name, mailing address, and email address and clearly indicate your intent to reject changes made to this section 17. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and PulseCheck in accordance with the provisions of the Terms you previously agreed to. If the Terms are otherwise modified, without changing this section 17, you agree that modification will not create a new right to opt out of arbitration.

18. Governing Law and Venue

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. If any Dispute is not subject to arbitration or cannot be heard in small claims court, then any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Sacramento and County of Sacramento. 

19. Limitation on Time to File Claims

ANY DISPUTE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20. Modifying and Terminating the Services

We may change or discontinue any or all or any parts of the Services, at any time and without notice, at our sole discretion, for any purpose, including to make improvements, address technical needs, and help prevent damage to users or the Services. You also have the right to stop using the Services at any time. To the extent permitted by applicable laws, we are not responsible for any loss or harm related to your inability to access or use the Services.

21. Changes to Terms

We may make changes to these Terms by notifying you of the changes, including by posting the revised Terms on the applicable Services or providing additional notice (like by email or via in-service message). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Except as specified in section 17, disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. Unless we indicate otherwise in our notice, your use of the Services following the effective date of any changes to these Terms will constitute your acceptance of such changes. If you do not agree to the updated Terms, you should terminate your account and stop using the Services.

22. Geographic Restrictions

PulseCheck is based in the State of California in the United States. We provide these Services for use only by persons located in the United States. We make no claims that the Services or any content included therein is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

23. Other Terms

  1. These Terms, the additional terms, and the Privacy Policy, (collectively, the “Entire Terms”) constitute the entire and exclusive understanding and agreement between PulseCheck and you regarding the Services, and these Entire Terms supersede and replace any and all prior oral or written understandings or agreements between PulseCheck and you regarding the Services.

  2. If any provision or part of a provision of these Terms is held unlawful, invalid, or unenforceable, that provision or part of the provision will be enforced to the maximum extent permissible and is deemed severable from these Terms, and the other provisions of these Terms will remain in full force and effect.

  3. These Terms and all additional terms and related documents, including notices and other communications are in the English language. Any translations provided are for your convenience only.

  4. You may not assign or transfer any of your rights or obligations under these Terms, by operation of law or otherwise, without PulseCheck’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null and of no effect. We may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

  5. PulseCheck’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PulseCheck. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

  6. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1(800) 952-5210.

24. Feedback and Contact Information

If you have questions about these Terms or the Services or would like to provide other feedback, comments, requests for technical support, and other communications please contact PulseCheck by email at [email protected] or write to us at 2108 N St 4960, Sacramento, CA, 95816.

If you provide ideas, suggestions, or other feedback about PulseCheck or the Services, that feedback is not confidential and may be used by us without restriction and without payment to you. PulseCheck does not waive any rights to use similar or related ideas previously known to PulseCheck developed by its employees, or obtained from other sources.

25. iOS Minimum Terms for Custom EULA

The following provisions apply if you are accessing or using our mobile app on an Apple Inc. (“Apple”) branded mobile device. These Terms, including this section, constitute a custom EULA for any PulseCheck mobile app for purposes of Apple’s agreements and you acknowledge that Apple’s standard EULA will not apply.

  1. Acknowledgement: The Terms are concluded between PulseCheck and you only, and not with Apple, and, as between Apple and us, we are solely responsible for our app and the content thereof.

  2. Scope of License: The license granted to you for our app under section 6 of the Terms is limited to a non-transferable license to use our app on any Apple-branded products that you own or control and as permitted by the Apple Usage Rules set forth in the App Store Terms of Service, except that our app may be accessed, acquired, and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.

  3. Maintenance: We are not obligated to provide any support or maintenance services for our app except as required by law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our app.

  4. Warranty: We are solely responsible for any warranties, whether express or implied by law to the effect not effectively disclaimed under section 12 of the Terms. In the event of any failure of our app to conform to any applicable warranty not effectively disclaimed under section 12, you may notify Apple, and Apple will refund the purchase price (if any) for our app; and you agree that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

  5. Liability: Subject to section 15 of the Terms, we, and not Apple, are responsible for addressing any claims of yours or any third-party relating to our app or your possession and/or use of that app, including: (i) product liability claims; (ii) any claim that our app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  6. IP Claims: Subject to section 15 of the Terms, in the event of any third-party claim that our app or your possession and use of our app infringes any third-party’s intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

  7. Legal Compliance: You represent and warrant that you (i) are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) are not listed on any U.S. Government list of prohibited or restricted parties.

  8. Name and Address: If you have any questions, complaints, or claims with respect to our app, they should be directed to us as specified in section 24.

  9. Third-Party Beneficiaries: Apple and its subsidiaries are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.