We, Quantificare Health Solution Private Limited (collectively used to refer to Pulse Active Stations) bring to you a fitness service that combines one-on-one mobile fitness tracking technology to help you shift to a healthier lifestyle and reach your goals. While fitness trackers and apps are useful tools, they are missing the elements of on-going engagement, motivation and accountability. Pulse Active Stations solves this, by connecting your Fitness report to professional health and fitness coach of your choice via the “Pulse App” (available on iOS and Android platforms). You can read more about Pulse Active Station and our product on the website www.getpulse.in.
As our business grows and we add new functionality to the Services, we may revise these Terms at any time and without giving you prior notice. The last date these Terms was revised is written at the end of this page. Your acceptance of these Terms (including revised Terms through your continued access and use of the Services), along with other terms and conditions, policies and disclaimers of Pulse Active Station, constitute a valid and binding agreement between you and Quantificare Health Solutions Private Limited.
YOUR USE OF SERVICES
You must be 18 years of age to access and use the Services and should be able to contract as per the laws of your jurisdiction. You may use the Services only in compliance with these Terms and all laws applicable to you and your access and use of the Services.
In order to register an account and access or use the Services, you may be required to provide certain information such as your full name, email address, password, gender, profile picture, contact details, address, date of birth, height, weight, dietary information, fitness and exercise details, medical history and conditions and medication details. You are responsible for maintaining the accuracy and completeness of this information provided.
You may register for use of the Services through your existing email accounts (such as Gmail, Hotmail etc.) Your email address will constitute your username for your account. You are responsible for maintaining the confidentiality of your username and password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) for your account. You will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your username or password, so please notify Pulse Active Station immediately of any unauthorized use of your account or any other breach of security.
We Do Not Provide Medical Advice
Pulse Active Stations DOES NOT PROVIDE MEDICAL ADVICE. DO NOT USE THE SITE OR THE SERVICES FOR ANY MEDICAL OR MENTAL HEALTH NEEDS. IF YOU THINK YOU MAY BE A DANGER TO YOURSELF OR OTHERS, OR YOU ARE HAVING A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL THE EMERGENCY MEDICAL SERVICES IN YOUR HOME JURISDICTION.
The Services provided by Pulse Active Station, including information provided through personalized coaching services, does not constitute medical advice of any kind and it is not intended to be, and should not be, used to diagnose or identify treatment for a medical or mental health condition. Nothing on the Platform or in the Services should be construed as an attempt to offer or render a medical or mental health opinion or diagnosis, or otherwise engage in the practice of medicine by Pulse Active Station.
You should consult with your physician before making any changes to your diet or exercise program, including making any changes suggested through any of the Pulse Active Station Services. By using the Services, you represent that you have received consent from your physician to participate in the programs, you learn about through the Services. We are not responsible for any medical or mental health problems you may face as a result of accessing or using the Services, or nutrition changes, products, or relationships with our Eco-System partners (who are third parties we sign up with to track your health records and data) that you learn about through the Services. If you make any lifestyle changes based on information you receive through the Service, you agree that you do so at your own risk and Pulse Active Station will in no manner be liable for any harm of injury, whether bodily or otherwise that may occur as a result of such lifestyle changes.
PULSE ACTIVE STATION DOES NOT RECOMMEND, REFER, ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION, EXERCISE, DIET, INSTITUTION, PRODUCT, ECO-SYSTEM PARTNER, OPINION OR OTHER INFORMATION OR SERVICES PROVIDED THROUGH THE SERVICES, AND NOTHING SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY COACH OR ECO-SYSTEM PARTNER. PULSE ACTIVE STATION DOES NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT OR ANYTHING SAID OR WRITTEN BY ANY COACH OR ECO-SYSTEM PARTNER OR ANY ADVICE PROVIDED. PULSE ACTIVE STATION WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY THE USER ON SUCH INFORMATION OR ADVICE PROVIDED BY ANY COACH OR ECO-SYSTEM PARTNER. NOTWITHSTANDING THE ABOVE, THE AGGREGATE MONETARY LIABILITY OF PULSE ACTIVE STATION FOR ANY LOSSES, HARM OR INJURY THAT MAY OCCUR DUE TO USE OF THE SERVICES, WILL BE LIMITED TO THE AMOUNT OF SUBSCRIPTION FEES PAID BY YOU FOR THE SERVICES.
MODIFICATIONS TO SERVICES AND DATA
The Services may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Services (or a part of the Services) from time to time without prior notice to you. Please backup your data as PULSE ACTIVE STATION has no responsibility for the deletion or failure to store any data or other content maintained or transmitted by the Services.
You are solely responsible for all information, data, text, music, sound, photographs, graphics, video, messages or other materials (“User Content”) that you upload, transmit, post, publish or display (“Post”) on the Platform or email or otherwise transmit or use via the Services, including content posted through use of the PULSE ACTIVE STATION Tracker. You acknowledge that we may use technological tools to screen, track, extract, compile, aggregate or analyze any data or information resulting from use of the Services. You agree to not use the Services to post or otherwise transmit any content that is unlawful, threatening, spam, contains software viruses or, in the sole judgment of PULSE ACTIVE STATION, restricts or inhibits any other person from using or enjoying the Services, or which may expose PULSE ACTIVE STATION or its users to any harm or liability of any type. You acknowledge that PULSE ACTIVE STATION has the right to remove such User Content, at its sole discretion and without prior notice to you.
You will not use the Services in any way that is unlawful or harms PULSE ACTIVE STATION, its directors, employees, affiliates, distributors, partners, service providers and/or any other user of the Services. You may not use the Services in any manner that could damage, disable, overburden, block, or impair the Services, whether in part or in full and whether permanently or temporarily, or disallow or interfere with any other party’s use and enjoyment of the Services.
PULSE ACTIVE STATION exempts itself from all and any liability arising out of the User Content on the Platform or via the Services that violates any applicable laws, or the rights of any third party.
We welcome your comments, questions, suggestions and feedback about the Platform or the Services (“Submissions”). But be aware that any comments or suggestions you make to PULSE ACTIVE STATION are non-confidential and become the property of PULSE ACTIVE STATION, which will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
You agree that you are the owner of the copyright in the User Content that you post on the Platform and transmit via the Services. You agree to grant PULSE ACTIVE STATION a non-exclusive, non-revocable, worldwide, royalty-free license to copy distribute, display, reproduce, modify, adapt, create derivative works, and publicly perform the User Content that you post on the Platform in all forms. This license applies to all works of authorship of User Content.
You agree that PULSE ACTIVE STATION has the authority and sole discretion to remove or take-down User Content that you post on the Platform.
The Services may contain content and information such as data, text, audio, video, images (“Services Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights under applicable laws. All Services Content is owned exclusively by PULSE ACTIVE STATION. A worldwide royalty-free license is granted to you by PULSE ACTIVE STATION to use the Service Content for personal and non-commercial use only. Apart from that, none of the Platform or the Service Content may be republished, posted, transmitted, stored, sold, distributed or modified without our prior written consent.
You are not permitted to use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Platform or the Services Content other than as authorized by these Terms or for any purpose not intended under these Terms is strictly prohibited and may result in termination of the license granted to you by PULSE ACTIVE STATION under these Terms. The technology and software underlying the Services is the property of PULSE ACTIVE STATION, our affiliates and our partners (the “Software”). You agree not to reverse engineer, reverse assemble, modify or otherwise attempt to discover any source code version of the Software. We reserve all right, title and interest in and to the Software and Services Content, except for the limited rights expressly granted in these Terms.
PULSE ACTIVE STATION names and logos are trademarks and service marks which are proprietary to and are owned by PULSE ACTIVE STATION (collectively the “PULSE ACTIVE STATION Trademarks”). Other company products, brand names and logos used and displayed via the Services may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to PULSE ACTIVE STATION. You will not, in any manner, register or attempt to register use any of the PULSE ACTIVE STATION Trademarks or any third party trademark or proprietary material unless expressly authorized by PULSE ACTIVE STATION and/or the relevant third party which is the proprietor of the brand.
All intellectual property in the Platform and Services and the platform used in the Platform and Services, the software used in the Platform and Services, the underlying works, techniques and processes used by PULSE ACTIVE STATION in the Platform and Services, including copyright in such works, belongs exclusively to PULSE ACTIVE STATION. Through your use of the Platform and Services, by no means is a license or assignment impliedly or expressly granted by PULSE ACTIVE STATION to you in respect to such works.
The Services may, in certain instances, be offered to you (i) as a result of you purchasing or availing of certain third party products / services, and / or (ii) bundled with certain third party products / services. In such cases, you would be bound by the terms and other applicable policies of the third parties for such products / services availed and PULSE ACTIVE STATION will in no manner be liable to any losses you may incur as a result of you using such third party products or services. Their Terms will not apply to your use of such third party products / services.
In respect of the User Content and Third Party Content uploaded / transmitted via the Services, PULSE ACTIVE STATION is a publisher of such information posted by you and would be an ‘intermediary’ as per the Information Technology Act, 2000 and the rules framed thereunder. Being an intermediary, PULSE ACTIVE STATION has no liability in respect to any User Content and Third Party Content on the Platform and is not legally obligated to you or any third party to delete or take-down such User Content and Third Party Content unless in accordance with an order passed by a court or a notification passed by a government agency.
REPEAT INFRINGER POLICY
PULSE ACTIVE STATION has adopted a policy of terminating, in appropriate circumstances and at PULSE ACTIVE STATION’s sole discretion, members who are deemed to be repeat infringers. PULSE ACTIVE STATION may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others or breach of applicable laws, whether or not there is any repeat infringement or violation.
PULSE ACTIVE STATION Service connects you with PULSE ACTIVE STATION Doctors (General Practitioners) to help and advise you on all routine medical and lifestyle challenges. PULSE ACTIVE STATION Health Service is not for medical care. On the PULSE ACTIVE STATION Health Service, no formal medical diagnosis, treatment, or prescriptions will be provided.
ALL INFORMATION PROVIDED ON PULSE ACTIVE STATION HEALTH SERVICE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY PULSE ACTIVE STATION HEALTH SERVICE, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH PULSE ACTIVE STATION IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, PULSE ACTIVE STATION HEALTH SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT; AND RELIANCE ON ANY INFORMATION PROVIDED BY PULSE ACTIVE STATION HEALTH SERVICE IS SOLELY AT YOUR OWN RISK.
All chats, emails, audio & video calls are recorded and monitored for quality and training purposes.
PULSE ACTIVE STATION and any advice, tips, recommendations, suggestions etc. given to you by us and/or by your coach and/or any brand ambassador and/or any person associated with PULSE ACTIVE STATION, on the platform or otherwise, is intended for use only by individuals healthy enough to perform exercise. While our and our coaches’ advice, tips, recommendations, suggestions etc. consider several factors specific to each individual, including anthropometric data, fitness goals, and lifestyle factors, we are not a medical organization, and our recommended workout plans, diets, exercises etc. should not be misconstrued as medical advice, prescriptions, or diagnoses. Consider the risks involved and consult with your medical professional before engaging in any physical activity. PULSE ACTIVE STATION and/or any of its brand ambassadors and/or any person associated with it, is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of PULSE ACTIVE STATION or any advice, tips, recommendations, suggestions etc. including that of your coach and/or any person associated with PULSE ACTIVE STATION. Further, you shall not have and you shall not make any claim for any costs, damages, charges, liabilities etc. against PULSE ACTIVE STATION and/or any of its brand ambassadors and/or any person associated with it in the event you do not and/or are not able to achieve results from your use of the features of PULSE ACTIVE STATION and/or any advice, tips, recommendations, suggestions etc. given to you by us and/or any of our coaches and/or any persons associated with PULSE ACTIVE STATION. You should discontinue exercise in cases where it causes pain or severe discomfort and should consult a medical expert prior to returning to exercise in such cases. If you are greater than 35 years of age, or if you have not been physically active for more than 1 year, or if you have any medical history that may put you at risk, including, without limitation, one or more the following conditions, you are required to seek approval from a qualified health care practitioner prior to using PULSE ACTIVE STATION or acting on any advice, recommendations etc. including your coach’s advice: heart disease, high blood pressure, family history of high blood pressure or heart disease, chest pain caused by previous exercise, dizziness or loss of consciousness caused by previous exercise, bone or joint problems, diabetes, high cholesterol, obesity, arthritis. We reserve the right to deny you access to PULSE ACTIVE STATION or your coach for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.
WHAT WE DO AND WHAT WE DON’T DO (PULSE ACTIVE STATION HEALTH SERVICE): WE DON’T PRACTICE MEDICINE (PULSE ACTIVE STATION HEALTH SERVICE)
The use of PULSE ACTIVE STATION Health Service is for general informational and educational purposes only and is not for professional medical advice. No prescriptions will be given on the Service. You agree and understand that using PULSE ACTIVE STATION Health Service cannot be substituted for personal medical attention, diagnosis or in person treatment by a qualified medical professional.
WE CANNOT BE SUBSTITUTED FOR YOUR PRIMARY CARE PHYSICIAN (PULSE ACTIVE STATION HEALTH SERVICE)
PULSE ACTIVE STATION Doctor on PULSE ACTIVE STATION Health Service are not “your” doctor, physician, or healthcare provider. When you participate in a Consult on PULSE ACTIVE STATION Health Service, you understand and agree that PULSE ACTIVE STATION Doctors on PULSE ACTIVE STATION Health Service are not your Primary Care Physician and you agree not to use PULSE ACTIVE STATION Health Service as a substitute for interactions with your Primary Care Physician. PULSE ACTIVE STATION Health Service contains Content that may help you identify services or may offer services. Everything on PULSE ACTIVE STATION Health Service, including Content accessed or Services provided through PULSE ACTIVE STATION Health Service, are for your information, and should be used for informational purposes only. This means that Content and Services are not a substitute for medical advice, diagnosis, treatment, or care from your physician.
WE DON’T PROVIDE PERSONAL DIAGNOSIS, TREATMENT OR PRESCRIPTIONS (PULSE ACTIVE STATION HEALTH SERVICE)
Interactions on PULSE ACTIVE STATION Health Service do not constitute the practice of medicine, and consultations cannot be used for providing a formal medical diagnosis, for a physical examination, for obtaining prescriptions, or for treatment. Do not use PULSE ACTIVE STATION Health Service to diagnose or treat a medical condition. Please see your doctor in person if you are looking for a personal medical evaluation, diagnosis, or prescription.
WE SUPPORT YOUR HEALTH DECISIONS (PULSE ACTIVE STATION HEALTH SERVICE)
PULSE ACTIVE STATION Health Service is structured to support the health decisions and choices that you make. These decisions and choices are yours, and we believe that you are the best person to decide about your health and that these decisions should be made in connection with the advice you receive from your own doctor. Always use common sense when making decisions relating to your health. PULSE ACTIVE STATION Health Services cannot make decisions for you.
WE’RE NOT FOR USE IN EMERGENCIES
Never use PULSE ACTIVE STATION Health Service in a potential or actual medical emergency.
WE NEED COMPLETE INFORMATION
PULSE ACTIVE STATION Services can only advise you based on what you’ve described. Please ensure that you share accurate and complete information.
You understand that information collected through your use of the Services may be reviewed under a PULSE ACTIVE STATION quality assurance program. The records of the PULSE ACTIVE STATION Quality Assurance Team is subject to confidentiality. All chats, emails, audio & video calls are recorded and monitored for quality and training purposes.
We strongly recommend that you always consult your doctor or your healthcare provider if you have any questions about a symptom or a medical condition, or before taking any drug or changing your diet
LIMITATION OF LIABILITY
NEITHER PULSE ACTIVE STATION NOR ANY THIRD PARTY SERVICE PROVIDERS ARE LIABLE FOR ANY TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS WHICH MAY RESULT IN LOSS OF YOUR DATA, PERSONALIZATION SETTINGS OR OTHER INTERRUPTIONS IN THE SERVICES. NEITHER PULSE ACTIVE STATION NOR ANY THIRD PARTY IS LIABLE FOR THE DELETION, LOSS, MIS-DELIVERY, TIMELINESS OR FAILURE TO STORE OR TRANSMIT THE SERVICES CONTENT OR YOUR PERSONALIZATION SETTINGS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PULSE ACTIVE STATION WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PULSE ACTIVE STATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES OR THE SITE OR SERVICES CONTENT; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OF DATA; CONTENT OR INFORMATION YOU MAY ACCESS AND USE (d) TECHNICAL OR OTHER OPERATIONAL LAPSES ON THE SITE OR VIA THE SERVICES.. OR (III) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL PULSE ACTIVE STATION’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF SUBSCRIPTION FEES PAID BY YOU FOR THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
SUSPENSION / TERMINATION OF YOUR ACCOUNT
You agree that PULSE ACTIVE STATION, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services for any reason, without prior intimation to you. If we suspect fraudulent, abusive or illegal activity, we may refer content or accounts to law enforcement authorities. PULSE ACTIVE STATION will not be liable to you or any third-party for any termination of your access to the Services. You cannot suspend or hibernate your service once you have commenced it.
Upon user account termination or suspension, regardless of the reasons therefore, your right to use the Platform, Services or Services Content immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform and Services. PULSE ACTIVE STATION shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of your user account or any other actions taken by us in connection with such account termination or suspension. A single player having multiple accounts isn’t permissible. One of the accounts would be terminated without any prior intimation.
PULSE ACTIVE STATION Tracker (Device) is completely covered for all Manufacturing Defects for the duration of your Paid Coaching Subscription Plan or 1 year whichever ends earlier.
To avail the warranty, you would have to raise a support ticket via the PULSE ACTIVE STATION APP.
You will have to courier the PULSE ACTIVE STATION Device without the strap to the PULSE ACTIVE STATION office.
On receipt of the same, PULSE ACTIVE STATION will send you a new Device.
Warranty would not be applicable in case you lose your Tracker or damage it.
Warranty would not be applicable on the PULSE ACTIVE STATION strap.
Warranty would only be applicable for continuous subscription without any gaps i.e. The benefit of warranty cannot be availed if your original subscription has expired & you RENEW it post expiry.
PULSE ACTIVE STATION Activation codes can only be used for a new account activation and are valid for activation for a period of maximum 90 days from the date of purchase.
COMPLAINTS / GRIEVANCES
If you have any complaints or grievances in respect to the Platform, Services and / or Platform Content, Please contact us via Live chat from PULSE ACTIVE STATION application or website.
If you have any questions or concerns regarding the Terms, Please contact us via Live chat from PULSE ACTIVE STATION application or website.