Terms of Use

1. Provider and scope

The provider of the PulsQue app and the website pulsque.com is Benjamin Dudli, sole proprietorship, Adresse auf Anfrage (address on request), Switzerland, email info@pulsque.com ("we"). These terms govern the use of the app and all features offered through it. Deviating terms of the user apply only if we expressly agree to them in writing.

2. Subject matter

PulsQue is an app for recording and evaluating training, nutrition, body data and other self-recorded health values. Its scope includes in particular training and nutrition diaries, goal and plan calculations, progress evaluations, an AI-assisted coach and optional community features.

The contract is concluded when you register an account. We owe the provision of the app in its respective current version, not the achievement of a particular athletic or health outcome.

We may develop, change or discontinue features insofar as this is reasonable for you and does not devalue the core of the contractually owed service. We announce material restrictions in the app with reasonable notice.

3. Not a medical service

PulsQue is not a medical device and provides no medical, diagnostic or therapeutic services. All content, calculations, evaluations and responses of the AI coach are general information and non-binding suggestions. They are no substitute for medical or therapeutic advice, diagnosis, treatment or emergency assessment.

If you have complaints, pre-existing conditions, are pregnant, take medication or have health-relevant questions, consult qualified medical professionals; in an emergency, call your local emergency number. You decide on your own responsibility whether and how to act on training, nutrition or supplement suggestions.

4. Minimum age

Use of PulsQue requires a minimum age of 16. By registering you confirm that you are at least 16 years old. We may suspend and delete accounts that do not meet this requirement.

5. Account, credentials and user content

You must provide truthful information when registering and keep your credentials confidential. Report any suspicion of misuse to us without delay at info@pulsque.com.

You retain all rights in content you place in the app. You grant us a non-exclusive right of use, unrestricted as to territory and limited to the term of the contract, to the extent necessary to provide the service — in particular to store, synchronise and display it and, where you have expressly chosen to publish it in the community features, to make it available to the other users you designate.

The following are prohibited in particular: unlawful, insulting, discriminatory, violent or sexualised content; content promoting eating disorders or health-damaging behaviour; posting third-party personal data without authorisation; automated scraping of the services; circumventing technical protection measures; and any use that disrupts operations. In case of violations we may remove content and suspend the account temporarily or permanently; your statutory rights are unaffected.

6. Prices, subscriptions and right of withdrawal

PulsQue is currently provided without a paid subscription. If a paid offering is introduced in future, the following rules apply, and we will inform you of price, term, renewal and cancellation options before conclusion.

Paid subscriptions are concluded and billed through the Apple App Store or Google Play. The terms of the respective store operator apply in addition. Management, cancellation and refund of a subscription take place through your account with the store operator. A subscription renews automatically for the chosen term unless cancelled in good time through the store.

Consumers in the European Economic Area have a statutory right of withdrawal of fourteen days. For digital content and services supplied immediately, the right of withdrawal lapses if you expressly consent to immediate performance and confirm that you thereby lose your right of withdrawal. We obtain that confirmation before supply. Irrespective of this, refunds are in practice governed by the rules of the respective store operator.

7. Term and termination

The contract for use of the free offering runs for an indefinite period. You may end it at any time without notice by deleting your account in the app under Settings, Privacy. We may terminate the contract with 30 days' notice. The right of both parties to terminate for cause, in particular for material breaches of section 5, is unaffected.

When your account is deleted, the data linked to it is deleted in accordance with the privacy policy. Secure any data you need beforehand using the export function.

8. Availability

We endeavour to operate the service with as little disruption as possible, but do not owe any particular level of availability. Maintenance, disruptions at upstream providers and force majeure events may cause interruptions. There is no claim to uninterrupted availability for the free offering.

9. Liability

We are liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, and under mandatory product liability law.

For slight negligence we are liable only for breach of material contractual obligations, that is, obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely; in that case liability is limited to the foreseeable damage typical for this type of contract. Otherwise liability for slight negligence is excluded.

We are not liable for the consequences of training, nutrition or supplement decisions that you make on the basis of information presented in the app, nor for the accuracy of data from external sources such as public food databases or the health services of your device that you connect.

Mandatory consumer rights are unaffected by these provisions.

10. Data protection

The processing of personal data is governed by the privacy policy at https://pulsque.com/datenschutz. Health data is processed solely on the basis of your separately given explicit consent.

11. Amendment of these terms

We may amend these terms where this is objectively justified by changes in the law, in case law of the highest courts, or in the scope of features. We will inform you at least 30 days before the amendment takes effect, in the app or by email. The amendment is deemed accepted if you do not object before that date or if you continue to use the app thereafter; we will point out that effect separately in the notice. If you object, we may end the contract as of the date the amendment takes effect.

12. Governing law and jurisdiction

Swiss law applies, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods.

The place of jurisdiction is the provider's seat in Switzerland. For consumers this applies only to the extent that mandatory provisions of their state of residence do not prescribe a different place of jurisdiction; in particular the right to sue and be sued at one's own domicile is unaffected.

The European Commission provides a platform for online dispute resolution. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

13. Final provisions

Should any provision of these terms be or become invalid, the validity of the remaining provisions is unaffected. The invalid provision is replaced by the statutory rule.