User Service Agreement
Updated on: November 3rd, 2023
Effective Date: November 3rd, 2023
1. Introduction
1.1 Welcome to use "Pulse Trackr" and services legally owned and operated by SINGATOP PTE. LTD and its affiliates (hereinafter referred to as "us").
1.2 This user service agreement (hereinafter referred to as "this agreement") is a valid agreement between the user and us, which stipulates the terms and conditions that the user must follow when downloading, installing, registering, logging in, and using (collectively referred to as "using") this service. "User" refers to the user of the Pulse Trackr App, more commonly referred to as "you" in this agreement.
1.3 Our products and services include but are not limited to providing you with value-added services such as online media, internet value-added, interactive entertainment, cloud storage, advertising, etc. The specific services provided by us shall prevail (hereinafter referred to as "this service").
1.4 Please carefully read and fully understand this agreement before using this service. Important contents such as exemption or limitation of liability clauses in this agreement will be highlighted in bold form for your attention, and you should focus on reading them. If you are a natural person under the age of 18, please carefully read and fully understand this agreement with the legal guardian, and obtain the consent of the legal guardian before using this service.
1.5 The content of this agreement also includes the Privacy Policy, and there may be separate agreements, relevant business rules, etc. for your use of our specific service. Once officially released, the above content shall be an integral part of this agreement and you shall also abide by it. Your acceptance of any individual agreement mentioned above shall be deemed as your complete acceptance of this agreement. Your acceptance of this agreement shall be deemed as your acceptance of the Privacy Policy.
1.6 By using this service, you confirm that you have full capacity for civil rights and civil conduct to fulfill this agreement, and voluntarily accept the terms and conditions of this agreement; Otherwise, you should not use this service.
1.7Pulse Trackr is a non medical product, please do not use it for medical purposes, and it is not a clinical pulse oximeter. Although the measurement is relatively accurate, we continuously optimize the measurement results. If you have further questions, please ask a medical expert to measure your heart rate.
2. Your right to access and use this service
2.1 Within the terms and conditions stipulated in this agreement, we grant you the right to access and use this service, which is a non-exclusive, limited, non transferable, non sub licensable, and revocable authorization. We reserve all rights related to this service and product content. Without our prior written consent, you shall not make any unauthorized access or use of this service and product content for any purpose, including but not limited to copying, adapting, reproducing, distributing, transmitting, broadcasting, displaying, selling, or other unauthorized purposes.
2.2 You understand and acknowledge that the functions described in this agreement may only be provided to some users or in specific ways (such as paid). The services you can actually enjoy when accessing and using this service shall be based on the content we actually provide to you.
2.3 In order to improve user experience, meet new user needs, ensure the safety and stability of products and services, or based on legal and regulatory requirements, we will periodically update or change software (including but not limited to modifications, upgrades, migrations, development of new functions, changes, suspensions, or cancellations of certain functions), and conduct maintenance and repair on this service, system, software, etc, This service may be interrupted or suspended within a reasonable period of time due to the aforementioned reasons. You agree that we are not responsible to you for this. Wherever possible, we will notify you in a reasonable manner regarding the aforementioned matters. If unconventional maintenance is caused by force majeure, basic operators, or other reasons, we will notify you in a reasonable manner as much as possible after such events occur.
3. User usage specifications
3.1 Behavioral requirements
You should set up and use this service correctly, and take certain security measures on your own to protect and backup your content. You declare and guarantee that the algorithms, models, data, products, and services you access to this service are secure, stable, and effective, do not contain any other software programs, do not contain viruses, worms, trojans, or other harmful computer code, files, scripts, and programs, and do not have any malicious software features, and will not cause damage to our and/or our related systems, It will not cause damage to our and/or its affiliates or other third-party data. Security vulnerabilities caused by your content, including but not limited to viruses, trojans, worms, or other harmful programs, or security vulnerabilities caused by your failure to use the service as agreed in this agreement, shall be your own responsibility and responsibility.
You are not allowed to use this service:
3.1.1 Use any plugin, plugin, system, program, or third-party tool that is not authorized or licensed by us to interfere, disrupt, modify, or exert other influence on the normal operation of this service, including but not limited to using automated scripts or other methods to collect information from or interact with this service, occupy a large amount of bandwidth resources of this service system or network, and provide it to the network of this service system or other users using this service The server, product, or application brings severe load, affecting system smoothness.
3.1.2 Any behavior that endangers computer network security by utilizing or targeting this service, including but not limited to:
(1) Illegal intrusion into the network, interference with normal network functions, theft of network data, and other activities that endanger network security;
(2) Provide programs and tools specifically designed to engage in activities that endanger network security, such as intruding into networks, interfering with normal network functions and protective measures, and stealing network data;
(3) Provide technical support, advertising promotion, and other assistance to others who knowingly engage in activities that endanger network security;
(4) Using unauthorized data or accessing unauthorized servers/accounts;
(5) Unauthorized access to public computer networks or other computer systems and deletion, modification, or addition of stored information;
(6) Attempting to detect, scan, test vulnerabilities in this service system or network without permission, or engaging in other behaviors that disrupt network security;
(7) Attempting to interfere with or disrupt the normal operation of this service system or website, intentionally spreading malicious programs or viruses, and other behaviors that disrupt and disrupt normal network information services;
(8) Forgery of TCP/IP packet names or partial names;
(9) Copy, imitate, modify, translate, adapt, lend, sell, sublicense, disseminate or transfer related services on information networks, or reverse engineer, disassemble, compile, or otherwise attempt to discover the source code of this service and related services;
(10) Malicious registration of user accounts, including but not limited to frequent and batch registration of accounts;
(11) Other behaviors that violate laws, regulations, agreements, our relevant rules, and infringe upon the legitimate rights and interests of others.
4.1.3 Use this service for advertising purposes or engage in any commercial promotion or reproduction, distribution, licensing, transfer, lease or sale of all or part of this service.
3.1.4 Bypass any measures we may use to prevent or restrict access to the service.
3.1.5 Incorporate this service or any part thereof into any other program or product.
3.1.6 impersonating others or other organizations, or making false or improper statements about your own identity or your relationship with others or other organizations, including giving the impression that any content you upload, publish, disseminate, disseminate, or provide is from this service.
3.1.7 Using or attempting to use someone else's account, service, or system without our authorization, or creating a false identity in this service.
3.1.8 Conduct other behaviors that violate laws and regulations, this specification, our relevant rules, and the legitimate rights and interests of any third party.
3.1.9 If we discover or receive reports or complaints from others that users violate the provisions of this agreement, we have the right to make independent judgments and take corresponding measures, including deleting or blocking relevant content at any time without notice, and imposing penalties such as but not limited to warnings, restrictions or prohibitions on the use of some or all functions, account lockdowns until cancellation, and announcing the results of the handling, depending on the circumstances of the violation.
4.1 We will also cooperate with third parties to provide you with certain functions or services. For example, this product and service may contain links that can redirect to other online services or resources, which are provided by the third party service provider and are responsible for the corresponding responsibilities. In the process of using third-party services, in addition to complying with the provisions of this agreement, you are also required to comply with the relevant terms of the third-party user agreement, privacy policy, etc. You understand and acknowledge that we cannot control your use of such third-party services or resources. Therefore, unless otherwise agreed in this agreement, your use of third-party services or resources is subject to agreements between you and the relevant third parties, and we do not assume any responsibility for your use of third-party services or resources. The existence of these links does not mean that we acknowledge the legality or security of these third-party services or resources.
4.2 You understand and agree that we may make adjustments to this service and third-party application policies and services, which may have an impact on our or third-party services (such as causing the relevant services to be unable to continue to be provided in this service or limiting the service functions of third-party applications). Unless otherwise specified by law, we do not assume corresponding responsibility.
4.3 Before choosing to use third-party services, you should fully understand the functions, service agreements, and privacy policies of third-party products or services, and then choose whether to activate third-party services.
5. Data Privacy and Security
5.1 We have always been committed to protecting your personal information, and we will do our best to take technical or other security measures that match this service within the scope of business principles to protect the security of your personal information. We will collect, use, store, and share your personal information in accordance with the provisions of this agreement and the Privacy Policy. If there is no clear provision in this agreement regarding the protection of personal information, the content of the Privacy Policy shall prevail.
5.2 Our Privacy Policy may be updated from time to time to reflect changes in applicable laws, regulations, standards, industry norms, and other documents, or to reflect changes, updates, or new features of this service. After any updates to the Privacy Policy, if you continue to access or use this service, it means that you have read, understood, and accepted these updates.
5.3 We will not transfer or disclose your personal information to any third party unless:
(1) Relevant laws and regulations or requirements of judicial and administrative authorities.
(2) Transfer for the purpose of completing a merger, division, acquisition, or asset transfer.
(3) Necessary to provide the service you requested.
(4) Circumstances that can be transferred or disclosed to any third party in accordance with the Privacy Policy or other relevant agreement rules.
6. Intellectual Property
6.1 You understand and agree that unless otherwise stated by us or authorized by law, the products, technology, software, programs, data, and all other information content included in this service, including but not limited to text, images, audio, video, charts, interface design, layout framework All intellectual property rights (including but not limited to copyright, trademark rights, patent rights, trade secrets, etc.) and related rights related to data or electronic documents belong to us or our affiliated companies.
6.2 Without the written consent of us or relevant rights holders, you shall not use or license any third party to use the above content for any commercial or non commercial purposes (including but not limited to monitoring, copying, reprinting, spreading, playing, displaying, selling, licensing, mirroring, uploading, downloading the content in this service through any robot, spider or other program or device). You agree not to infringe on the intellectual property rights of any party during the use of this service (including but not limited to uploading or sharing materials protected by copyright law without consent).
7. Breach of contract and compensation
7.1 If you violate this agreement and/or other service terms and rules that you are required to comply with, we have the right to take reasonable measures based on independent judgment and without prior notice to you, including but not limited to warning, restriction, suspension, termination of your use of some or all functions of this service, blocking or deleting the content you upload, disseminate, or provide, restricting some or all functions of your account Freeze or permanently close your account, etc. You are responsible for the consequences and losses incurred as a result. We have the right to announce the processing results and decide whether to restore the use of the relevant account based on the actual situation. We have the right not to restore or return deleted content. We will keep relevant records of suspected violations of laws and regulations, and have the right to report to relevant authorities in accordance with the law, cooperate with relevant authorities in investigations, and report cases to public security organs.
7.2 If you violate this agreement and/or other service terms and rules that you should comply with, resulting in third-party complaints, litigation claims, etc., you shall handle it on your own and bear all legal responsibilities. If any losses (including but not limited to legal fees and expenses) or administrative penalties are suffered by us, our affiliates, partners, and other entities due to your illegal or breach of contract behavior, you shall compensate in full.
8. Limited Warranty
8.1 You understand and agree that this service is provided in accordance with the current state of art and conditions. We will make every effort to provide you with consistent and secure services, but considering that related services may be affected or interfered with by multiple factors, we cannot guarantee the following content, including but not limited to:
(1) Your use of this service will fully meet your needs;
(2) This service is continuous, uninterrupted, instant, secure, and error free;
(3) Any errors in this service will be corrected;
(4) This service will be compatible with your content or any other hardware, software, systems, services, or data that we have not provided.
8.2 To the extent permitted by law, except as expressly provided in this agreement, we cannot provide you with any warranties, guarantees or commitments. We may change, suspend, withdraw or restrict all or part of the functionality of this service at any time for commercial or operational needs without notifying you.
8.3 We will make every effort to ensure the security and stability of this service, but you understand that we cannot foresee and prevent all technical or other risks at any time, including but not limited to force majeure, viruses, Trojan horses, hacker attacks, system instability, basic operator reasons, power supply failures, communication network failures, third-party service defects, system updates and upgrades, government investigations, judicial administrative orders Possible service interruptions, data loss, inability to use properly, and other similar situations caused by third-party websites. When appropriate circumstances arise, we will strive to make timely repairs as soon as conditions permit. However, you agree that we will be exempt from liability for any losses caused by the above reasons. The occurrence of the above situation and the cancellation or termination of any order or service based on such reasons (if applicable) will not exempt you from fulfilling the corresponding payment obligations under this agreement for the services we have provided. At the same time, you need to configure your own computer devices, network settings, computer programs, etc. to use this service. You should configure your own antivirus program for your device.
10. Limitation of Liability
10.1 To the extent permitted by law, we will not be liable to you for any of the following situations, whether or not we have been informed or should have been aware of the possibility of such damage occurring:
10.1.1 Liability for any indirect, incidental, consequential, punitive, special, or punitive damages and losses, including but not limited to expected benefits, goodwill and reputation, opportunities, data loss, and third-party expenses. Unless otherwise specified by law, in any case, the maximum amount of compensation liability we shall bear to you for losses is the service fee you have already paid to us in the month of your loss or our breach of contract. To the maximum extent permitted by law, these limitations and provisions shall apply to any matter or claim related to this Agreement.
10.1.2 Any loss or damage caused to you due to:
(1) Damage caused by your use of any third-party products or services;
(2) We modify or suspend the provision of this service or any function within this service in any way;
(3) You have not provided us with accurate account information, or you have not protected your account password security in accordance with the requirements of this agreement;
(4) Other losses caused by your violation of this agreement.
11.2 To the maximum extent permitted by law, any dispute between you and any third party (including but not limited to, for example, any mobile network service provider, rights owner or other user) arising from your use of this service shall be directly related to you and that third party. You must exclude our liability and losses of any kind and nature (whether actual or indirect) arising from such disputes.
11. Other terms
11.1 Agreement Content and Amendment: This agreement includes the main body of this agreement and all privacy policies, rules, and notices that we have published or may publish in the future. The aforementioned content is an integral part of this agreement and has the same legal effect as this agreement. In order to provide you with better services or due to changes in national laws and regulations, policy adjustments, technical conditions, product functions, etc., we will revise this agreement in a timely manner, and the revised content will form an integral part of this agreement. After the update of this agreement, we will remind you of the updated content in an appropriate manner, so that you can keep up-to-date with the latest version of this agreement. You can also check the latest version of the agreement terms on the website homepage or software settings page. If you have any objections to the revised agreement, you have the right to immediately stop using this service. If you continue to use this service after the effective date of the revised agreement, it means that you have agreed to accept the revised content of this agreement.
11.2 Applicable Law and Jurisdiction: The establishment, effectiveness, performance, interpretation, and dispute resolution of this agreement shall be governed by the laws of the mainland region of the People's Republic of China. If any provision of this agreement is judged or ruled invalid, these provisions shall be reinterpreted and applied as closely as possible to the purpose of the original provisions of this agreement without violating the law, and shall not affect the validity of other provisions of this agreement.
11.3 Both parties shall try their best to resolve any disputes arising from this agreement through friendly consultation. If consultation fails, you agree to submit the dispute to the people's court with jurisdiction in the place where this agreement is signed for resolution.
11.4 Without our prior written consent, you may not transfer any of your rights or obligations under this clause to any third party. You understand and agree that we have the right to independently decide on our business strategy and transfer all rights and obligations under this agreement to our affiliated companies or other legal entities based on business adjustments. You acknowledge that in the above circumstances, we do not need to obtain your consent, and we will try our best to notify you in a reasonable manner.
11.5 Our temporary failure to assert or enforce any provisions of this agreement shall not be deemed as our waiver of such provisions or waiver of such rights.
11.6 For the convenience of reading and understanding, this agreement will be translated into multiple language versions. In case of conflicts between different versions, the simplified Chinese version of this agreement shall prevail.
11.7 If you need to provide us with any feedback (including but not limited to suggestions, complaints, reports, etc.) during the use of our products or services, you can contact us through the following methods: email: [PulseTrackr@126.com]