Terms and Conditions

Last Updated: January 30, 2025

Legal Notice: These Terms and Conditions should be reviewed by qualified legal counsel before implementation. This document is provided as a template and may need customization based on your specific business practices and jurisdictional requirements.

1. Agreement to Terms

Welcome to Beatrace. These Terms and Conditions ("Terms") govern your access to and use of the Beatrace mobile application, website, and related services (collectively, the "Service"). The Service is operated by Beatrace ("we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

IMPORTANT: These Terms include an arbitration clause and class action waiver that affect your legal rights. Please read Section 14 carefully.

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that:

  • You are at least 18 years of age
  • You have the legal capacity to enter into binding contracts
  • You will comply with these Terms and all applicable laws and regulations
  • All information you provide is accurate, current, and complete

3. User Accounts

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access to your account
  • Accept responsibility for all activities under your account

3.2 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason, with or without notice.

4. Service Description

Beatrace provides a platform for:

  • Aggregating heart rate and health data from connected wearable devices
  • Calculating cardiac fitness scores and metrics
  • Comparing your performance with other users through global, country, and city rankings
  • Providing personalized health insights and recommendations
  • Tracking health trends and progress over time

5. Medical Disclaimer

IMPORTANT HEALTH INFORMATION

Beatrace is NOT a medical device and is NOT intended to diagnose, treat, cure, or prevent any disease or medical condition.

  • The Service is for informational and fitness purposes only
  • Rankings and metrics are not medical advice
  • Always consult qualified healthcare professionals for medical concerns
  • Do not use the Service to make medical decisions or replace professional medical advice
  • If you experience chest pain, shortness of breath, or other concerning symptoms, seek immediate medical attention

6. User Responsibilities

You agree to:

  • Use the Service only for lawful purposes
  • Not attempt to gain unauthorized access to the Service
  • Not interfere with or disrupt the Service
  • Not upload malicious code or harmful content
  • Not impersonate others or misrepresent your identity
  • Not harass, abuse, or harm other users
  • Not scrape, copy, or download content without permission
  • Comply with all applicable laws and regulations

7. Health Data and Privacy

By using the Service, you grant us permission to:

  • Access and process your health data from connected devices
  • Calculate fitness scores and rankings based on your data
  • Display your anonymized ranking position to other users
  • Use aggregated, anonymized data for research and improvement

For detailed information about how we handle your data, please review our Privacy Policy.

8. Intellectual Property

8.1 Our Rights

The Service, including all content, features, functionality, software, code, design, graphics, and trademarks, is owned by Beatrace and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without explicit written permission.

8.2 Your Data

You retain ownership of your personal health data. By using the Service, you grant us a limited, worldwide, non-exclusive license to use your data solely to provide and improve the Service.

9. Premium Subscriptions

9.1 Pricing and Payment

Certain features require a paid subscription. You agree to:

  • Pay all applicable fees
  • Provide accurate payment information
  • Update payment information as needed
  • Accept automatic renewal unless cancelled

9.2 Billing and Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. We will charge your payment method on file. Prices may change with notice.

9.3 Refunds

Refund policies are governed by the platform through which you purchased (App Store, Google Play). Generally, subscriptions are non-refundable, but you may cancel at any time to prevent future charges.

10. Third-Party Integrations

The Service integrates with third-party platforms (Apple Health, Google Fit, Fitbit, Garmin, etc.). We are not responsible for:

  • The availability or functionality of third-party services
  • Data accuracy from third-party devices
  • Third-party privacy practices or terms
  • Loss of data due to third-party service issues

11. Disclaimers

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied.

We disclaim all warranties, including but not limited to:

  • Merchantability and fitness for a particular purpose
  • Accuracy, reliability, or completeness of content
  • Uninterrupted or error-free operation
  • Security or freedom from viruses
  • Results or outcomes from using the Service

12. Limitation of Liability

To the maximum extent permitted by law, Beatrace shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

Our total liability shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or $100, whichever is greater.

13. Indemnification

You agree to indemnify, defend, and hold harmless Beatrace, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

  • Your use or misuse of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your health data or content you provide

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@beatrace.app to attempt to resolve the dispute informally.

14.2 Binding Arbitration

If informal resolution fails, disputes shall be resolved through binding arbitration rather than in court, except for small claims court matters and intellectual property disputes.

14.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis. You waive the right to participate in a class action, class arbitration, or representative action.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes via email or in-app notification. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you disagree with the changes, you must stop using the Service and delete your account.

16. Termination

We may terminate or suspend your access immediately, without prior notice, for any reason, including:

  • Breach of these Terms
  • Fraudulent, abusive, or illegal activity
  • Requests by law enforcement
  • Extended periods of inactivity

Upon termination, your right to use the Service ceases immediately. Provisions that should survive termination (including disclaimers, limitations of liability, and dispute resolution) will remain in effect.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of law principles. Any legal action must be brought in the courts located in [Your Jurisdiction].

18. General Provisions

  • Entire Agreement: These Terms constitute the entire agreement between you and Beatrace
  • Severability: If any provision is held invalid, the remainder shall remain in effect
  • Waiver: Failure to enforce a provision does not waive our right to do so later
  • Assignment: We may assign these Terms; you may not assign without our consent
  • Force Majeure: We are not liable for delays due to circumstances beyond our reasonable control

19. Contact Information

For questions about these Terms, please contact us:

Beatrace Legal Team

Email: legal@beatrace.app

Website: beatrace.app

By using Beatrace, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.