Term of use
By using the PulseLens services on the PulseLens Web Site, e.g. at fitboxlab.io or any domain referring to it,
as well as in the mobile apps for IOS and Android devices (- hereinafter referred to as “PulseLens app” for
short), the user agrees to the General Terms and Conditions (- hereinafter referred to as “GTCs” for short).
Should the user not agree with the GTCs, the registration must be waived. These General Terms and Conditions apply
to all websites and apps of the Provider. In addition, they are valid regardless of whether the use of the
PulseLens Services is free of charge or against payment.
1. General provisions
1.1
PulseLens refers to services provided by FITBOX TECHNOLOGY PTE LTD.,33 UBI AVENUE 3
#08-55 VERTEX(hereinafter
referred to as “Provider”). Further information about PulseLens and Chengdu Ledong Information & Technology Co.,
Ltd. .can be found in
the imprint on the website and within the App.
1.2
The Provider offers different possibilities to users of making themselves familiar with the practice of interval
chamfered. The subject of this contract is the use, free of charge or against payment or financed by advertising,
of the services offered by the Provider under the name PulseLens via his website fitboxlab.io, other PulseLens
websites or via software applications (hereinafter referred to as “Services” or “Service”). If the user wishes to
use a mobile app to use the Services, he can find out at fitboxlab.io whether the Provider offers a mobile app for
his terminal device or for the operating system of his terminal device. If a service is subject to a charge, this
is explicitly indicated.
1.3
A Service can basically be used on all platforms or end devices supported by PulseLens. Limitations, especially
technical ones, can be found in the respective offer description.
1.4
The use of the services require registration. A registration is only possible via the mobile PulseLens. During
the registration process, the user is asked to accept these General Terms and Conditions and the Privacy Policy.
Alternatively, the user has the option to register with his Facebook account. In this case, the registration
process is complete when the contact details of the respective Facebook account have been entered and the
“Confirm” field has been clicked. The User assures that all data submitted during registration is complete and
truthful. The user contract between the user and the provider only comes into effect with an electronic
confirmation by the Provider.
1.5
By registering with PulseLens, the user accepts these terms and conditions for the use of the services. If the
user accesses the services via App and has downloaded PulseLens from the App Store of a third party or accesses
the contents via an audio/video or assistant platform (such as Google Home), the respective terms and conditions
of business or use of the App Store or platform shall apply in addition; in the event of contradictions, these GTC
shall prevail.
1.6
When downloading and using PulseLens, especially in third party networks or abroad, the user may incur
transmission costs from his Internet access provider.
1.7
Prerequisite for the use of the services is the reaching of the age of 18 and full legal capacity. The services
are directed exclusively to consumers. According to the legal definition, a consumer is any natural person who
enters into a legal transaction for purposes that are predominantly neither commercial nor their independent
professional activity. The use of PulseLens for commercial or other commercial purposes is expressly prohibited.
2. Services with costs
2.1
Some services of PulseLens require the payment of a fee. The scope of the services included in PulseLens and
usable by the user depends on whether and which services are used free of charge or against payment. In the case
of free use, the user has access to certain basic functions and information of the respective services. An
extended range of functions is available to the user if the services are activated for the user as part of a
subscription. The PulseLens provides an overview of the available fee-based services, their fees, scope of
services, restrictions and terms in the PulseLens. The payment of the fee only entitles the user to access the
services available or visible in the offer presentation. All fees mentioned are inclusive of the applicable sales
tax.
2.2
The individual steps of purchasing paid services are described in the descriptions within the third party’s App
Store, PulseLens, or the website fitboxstudios.com. By placing an order, the user submits an offer. The mere
pressing of the order button does not constitute a contract of sale for the paid content. Only after successful
payment and the corresponding electronic confirmation, the order is considered accepted and the sales contract is
concluded. Acceptance can also be implied, in particular by activating the chargeable services.
2.3.
The PulseLens offers the option to unlock the entire content of the PulseLens by a payment. The PulseLens
offers subscriptions with different minimum terms. With the activation of the paid content, the user receives the
right to use it permanently for his own, non-commercial purposes on all devices connected and compatible with his
App Store account. Any further use – in particular publication on the Internet, as well as the unauthorized
copying, distribution or making available of the contents via the Internet, whether free of charge or against
payment – is not permitted. The same applies to transcribing the contents, removing copyright information and
source references as well as other editing or manipulation of the download. The granted rights of use are not
transferable or sublicensable and are subject to full payment. Uses permitted by copyright law are not restricted.
The Provider is entitled to revise, update or otherwise change the content at any time if this should be necessary
for technical, legal or content reasons.
The Provider shall keep all purchased digital data available for download for a reasonable period of time.
However, unlimited data backup and data availability cannot be guaranteed. The user should therefore save his
downloads in parallel locally on connected end devices. The user will be informed expressly and in advance if the
content can no longer be made available for download by the provider.
2.4
The payment methods shown in the offer are accepted; the payment process is usually operated by appropriate
service providers. These may include in particular the payment systems offered by the respective App Store
operators. As far as the respective service provider includes its own general terms and conditions of business or
terms of use (GTC) in individual cases, these are exclusively valid for the payment process. If applicable, the
user must have a user account with the service provider.
2.5
The Provider of the App Store can influence the duration or renewal, or their available paid services. Depending
on the App Store, fee-based services may expire at the end of the agreed term without requiring a termination, or
the respective contract term may be extended indefinitely or for a corresponding period of time. Details can be
found in the terms and conditions or the respective offer presentation of the App Store. The App Store offers the
possibility to terminate paid services via a corresponding menu item.
2.6
If fees cannot be collected and if the user is responsible for the event causing the collection, the user shall
bear all costs arising therefrom. If payments made are charged back or the user does not pay fees, PulseLens is
entitled to block all or access to individual services from PulseLens.
2.7
The Provider can offer paid services to users for a certain time free of charge. Which user can participate in a
test offer is at the sole discretion of the Provider. The Provider may change the scope of services of the test
offer or terminate the provision of a test offer at any time.
2.8.
The Provider reserves the right to change its business model at any time and, for example, to provide certain or
all services only against payment. The respective fees are published in the PulseLens. The user is free to
terminate the use of the service or to decide to continue using the service for a fee.
2.9
We reserve the right to assert further claims for default of payment.
2.10
The Provider can employ people who are active on the platform either as volunteers or for a fee. These persons can
act as coaches within groups or contact the user to support and motivate him to use App. These persons can also be
active in the context of paid functions.
Right of withdrawal for consumers
3. REVOCATION INSTRUCTION
3.1 Right of withdrawal
If the user has purchased a paid service from PulseLens through an App Store, revocation notices of the
respective App Store apply.
3.2 Consequences of revocation
If the User revokes a contract with the Provider, the Provider shall reimburse the User for all payments received
from the User without delay and at the latest within fourteen days from the day on which the Provider receives
notification of the revocation of the contract. For this repayment, the Provider shall use the same means of
payment that the User used for the original transaction, unless expressly agreed otherwise with the User; in no
case shall the User be charged any fees on the basis of this repayment.
If the User requests that the services should commence during the withdrawal period, the User shall pay the
Provider a reasonable amount corresponding to the proportion of the services already provided by the time the User
notifies the Provider of the exercise of the right of withdrawal with respect to this Agreement compared to the
total scope of the services provided for in the Agreement.
4. Rights and Duties of the user
4.1
The PulseLens, the services and content available through it are not made available to the user for commercial
use, but only for personal use. It is not permitted to transfer the user account to third parties. The user may
only use the PulseLens for his own private purposes.
4.2
Furthermore, the user is not permitted to do so,
4.2.1
to use chargeable services simultaneously on several terminals, unless such use is expressly permitted within the
framework of the respective offer presentation;
4.2.2
to pass on the data sent for authentication and identification to third parties or to make access data used for
authentication and identification available to third parties
4.2.3
To enable third parties to view or access the Services, e.g. an unspecified group of people by using the Services
in public areas (such as cinemas, theaters, exhibitions, workshops, showrooms, hotels, bars, restaurants or other
public spaces);
4.2.4
to use access control systems to chargeable services or other measures to use or circumvent services without
authorization;
4.2.5
to assign or transfer rights or obligations arising from these General Terms and Conditions (GTC) to third
parties.
4.3
Use of PulseLens may be restricted to individuals who meet certain requirements (e.g., legal age). The user is
responsible for ensuring that the services are only available to persons who meet these requirements. In
particular, the user undertakes to comply with the applicable regulations regarding the protection of minors from
content harmful to minors.
4.4
When using PulseLens and its services, the user has to consider contractual agreements with third parties,
especially with his Internet access provider or the App Store operator.
4.5
The user is solely responsible for his or her actions on PulseLens as well as on the website and therefore for
any content or data he or she publishes within the services. He or she agrees to conduct himself or herself in
accordance with our Content and Conduct Guidelines. In particular, he/she undertakes not to secure, publish,
transmit or distribute any racist, insulting, discriminating, harassing, defamatory, sexual, pornographic,
violence glorifying or other illegal contents, persons or representations. Furthermore, the user is expressly
informed that it is prohibited to use legally protected terms, names, images, videos or other materials.
Furthermore, the user is obliged to take appropriate measures to prevent unauthorized use of his data, especially
passwords, by third parties. He/she is obliged to inform the provider immediately about any noticed or suspected
unauthorized use of his/her account.
4.6
The user undertakes not to deliberately provide the data of third parties (including e-mail address) as his own.
In particular, he undertakes not to fraudulently provide the credit card data or bank details of third parties.
Furthermore, the user agrees to comply with all applicable laws when logging on, registering and using the
services, the website fitboxstudios.com or PulseLens. The user agrees to keep the chat function and messages
confidential and not to make them available or pass them on to third parties without the consent of their author.
The same applies to names, telephone and fax numbers, residential e-mail addresses and / or URLs.
Remotely, the user undertakes not to misuse the services, in particular
not to pass on any defamatory (e.g. libel), offensive or otherwise illegal material or information about them
not to use it to threaten or harass other persons/users
or to violate the rights (including personal rights) of third parties
not to upload data that contains a virus (infected software). In general, not to upload software or other material
that is protected by copyright, unless the user has the rights to it or the necessary consents – in this case, the
provider may require written proof
not to use them in a way that adversely affects the availability of the service offers for other users
not to intercept messages and not to try to do so
not to advertise for other internet portals
5. Liability
5.1
The Provider points out the fact to the user that interval chamfered is usually health unproblematic. Any
exercises presented in the context of the services provided by PulseLens are designed for averagely healthy and
physically and mentally resilient users. The user carries out any exercises on his own responsibility. If the user
suffers from any medical condition, such as diabetes or cardiovascular problems, lung or respiratory diseases
(including asthma), neuromuscular diseases, surgery or other health restrictions, is pregnant or breastfeeding, or
feels unwell after interval fasting, the Provider advises the user to consult a physician. The use of PulseLens
is at your own risk. The services and benefits offered here are not medical or medical advice and cannot be used
as a substitute for medical examinations or treatment. Minors may only fast in agreement with and under the
supervision of their parents.
5.2
The Provider is liable without limitation for intent and gross negligence. The Provider shall only be liable for
simple negligence if his vicarious agents or legal representatives violate an obligation that is essential for
achieving the purpose of the contract (so-called cardinal obligation). In this case the liability is limited to
the foreseeable damage. This shall amount to a maximum of the fee paid by the user for the use of the paid
services and functions. The aforementioned limitation of liability does not apply to damages due to the absence of
warranted characteristics, to injury to life, body or health, or to claims under the Product Liability Act.
However, insofar as the liability of the Provider is excluded or limited, this also applies to the personal
liability of its legal representatives and vicarious agents.
5.3
The User undertakes to indemnify the Provider or the Provider’s vicarious agents from all claims of third parties
which are asserted in connection with the User’s breach of his obligations under these GTC and/or the laws
applicable to him and to assume all reasonable costs incurred by the Provider, including those for legal defense,
insofar as the User is responsible for the breaches.
No Guarantee
The Provider does not give any assurances or guarantees that the weight or other result desired by the user will
be achieved by using the respective service. The Provider does not owe a concrete success. In addition, the result
is also influenced by factors that cannot be controlled, such as physical predispositions and preconditions, so
that the result can vary greatly among different people despite the same use of the services. The Provider gives
no guarantees that all interactions on the platform with other users will take place.
Responsibility for user-generated content
The user is solely responsible for content uploaded within the services. The Provider does not adopt them as his
own and does not check them.
6. Contract period, Termination, Repayment
6.1
Insofar as the subject of the user contract is free services, the user contract can be terminated at any time. For
this purpose, the user will find a corresponding account deletion function in his account settings on the website
and in the App. Termination is also possible by mail (PulseLens GmbH, Pappelallee 78/79, 10437 Berlin, Germany)
or by notification to the e-mail address info@PulseLens.com. The use by the provider can be extraordinarily
terminated without notice if the user violates these GTCs. Termination of the User Agreement by the Provider shall
be effected by notification to the e-mail address provided during registration. Furthermore, the Provider reserves
the right to refuse the User’s registration without stating reasons.
6.2
The PulseLens provides paid services. Unless otherwise stated in the respective offer, the license agreement for
the respective paid service will initially run for the booked minimum usage period. Thereafter, the license
agreement will be renewed for the duration of the booked minimum usage period if it is terminated by the user or
the Provider before the end of the renewal period/ minimum usage period with effect from the end of the respective
period. The User may also use the Services after termination until the end of the respective period. The
termination of the paid service can be carried out if the purchase was made via an App Store, as described in the
respective App Store in the subscription administration. If the subscription was purchased via fitboxstudios.com
or another platform operated by PulseLens, the termination must be sent by e-mail to info@PulseLens.com or by
mail (PulseLens GmbH, Pappelallee 78/79, 10437 Berlin, Germany); in case of termination by the Provider to the
e-mail address provided by the user during registration.
6.3
The right to extraordinary termination for good cause remains unaffected. An important reason for the Provider is
especially given if the User violates applicable law or essential contractual obligations. A prior warning is not
necessary.
6.4
In the event of a termination of the user contract on the part of the user as well as a termination by the
Provider, the repayment of any fees paid in advance is excluded, unless the user terminates the contract for an
important reason for which the Provider is responsible.
6.5
After termination, all data of the user will be deleted from the PulseLens database in a timely manner, as far
as they are not required for the purpose of proving an illegal act of the user, beyond the termination of the
contract.
7. Final Provisions
7.1
The Provider endeavors to enable a trouble-free operation of the app and to keep it available as far as possible.
However, it is pointed out that a complete or uninterrupted availability is not technically feasible. Therefore,
the Provider does not assume any guarantee for a trouble-free operation or a certain availability. Furthermore,
there is no claim to the maintenance of individual functionalities of the App that are used free of charge. The
Provider is – as far as there are no contractual obligations to the contrary – entitled at any time to change or
remove content, services and functionalities provided within PulseLens and to make new content, services and
functionalities available or to stop further development of the App as a whole. In this respect, the Provider also
reserves the right to issue separate terms and conditions for new service offers or to discontinue and change
additional features free of charge.
7.2
The current terms and conditions of PulseLens, which are deposited with the order, apply. The Provider is
entitled to change these GTC at any time with effect for the future, provided that this is necessary for objective
reasons, in particular due to changes in the law or in the highest court decisions, changes in economic
conditions, technical changes or further developments, changes in market conditions or other equivalent reasons,
and provided that the user is not unreasonably disadvantaged by this. Changes to the General Terms and Conditions
of Business will be pointed out at a suitable place within the offer or by e-mail at least 14 days before the
change is made in good time. Every user has the right to object to the new terms of use.
7.3
The Provider is entitled to entrust third parties with the provision of the agreed services, in whole or in part,
at any time. Furthermore, the Provider may transfer his rights and obligations to one or more third parties
7.4
Agreements between the Provider and the User that deviate from these GTC must be in text form in order to be
valid; this also applies to a waiver of the written form requirement.
7.5
Should any provision of these terms and conditions be or become invalid, this shall not affect the validity of the
remaining clauses. In this case, the invalid or unenforceable provision shall be replaced by the parties by a
valid provision which comes as close as possible to the economic purpose of the invalid or unenforceable
provision. The same applies in the case of a loophole in the regulations.
8. Disclaimer
PulseLens can be used to create heart rate records.
All information provided by PulseLens is for informational purposes only and cannot replace the doctor's
recommendation.
PulseLens does not collect user data and does not distribute data to third parties.