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Terms of Service

Note: These terms have been prepared with care. A legal review is recommended and part of our planned next steps.

§ 1 Scope

These Terms of Service apply to all contracts between PulseDataInsight UG (haftungsbeschränkt), Wellingsbütteler Landstrasse 194, 22337 Hamburg, Germany (hereinafter Provider) and its customers regarding use of the Heartful Science (HFS) platform.

§ 2 Subject of the contract

The subject of the contract is the provision of a coaching platform as Software-as-a-Service. The platform supports users in pursuing a healthy lifestyle through personalised recommendations, an AI-powered coach (AMY) and related content and tools.

The platform is expressly not a medical device within the meaning of Regulation (EU) 2017/745 (MDR) and does not replace medical diagnosis, treatment or advice.

§ 3 Conclusion of contract

The contract is concluded by registration on the platform and acceptance of these terms by the user. For paid services the contract is concluded upon completion of the payment process via our payment provider Stripe.

§ 4 Description of services

Within the scope of the chosen tier, the Provider provides the following functions in particular:

  • access to the AI coach AMY for conversations on nutrition, movement, sleep and stress management
  • capture and analysis of self-reported health data
  • e-learning modules and reflection exercises
  • availability of the platform 24/7 with industry-standard maintenance windows

Continuous availability cannot be guaranteed. The Provider is entitled to develop, modify or discontinue features as long as this is reasonable for the user.

§ 5 Prices and payment terms

The applicable prices are listed on the pricing page of the platform. All prices include statutory VAT.

Payment is processed exclusively via our payment provider Stripe. Stripe's terms of use and privacy policy apply additionally.

§ 6 Term and cancellation

Subscriptions are concluded for the period booked (monthly or yearly) and renew automatically for the same period unless cancelled in advance. Cancellation is possible at any time effective at the end of the current period via the account settings or by message to the Provider.

§ 7 Right of withdrawal for consumers

Consumers within the meaning of § 13 BGB have a statutory right of withdrawal.

Withdrawal policy

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of conclusion of the contract. To exercise your right of withdrawal you must inform us by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract.

Consequences of withdrawal

If you withdraw from this contract, we will reimburse all payments received from you without delay and at the latest within fourteen days from the day on which we receive notice of your withdrawal.

Premature expiry of the right of withdrawal upon immediate use

The right of withdrawal expires prematurely for a contract on digital content if the Provider has begun performance after you have expressly consented to the Provider beginning performance before the end of the withdrawal period and have at the same time confirmed your knowledge that you lose your right of withdrawal as a result of this consent.

§ 8 Liability

The Provider shall be liable without limitation only in the following cases:

  • in case of intent
  • in case of gross negligence
  • in case of breach of essential contractual obligations (cardinal duties), in which case liability is limited to the foreseeable damage typical for the contract
  • for damages arising from injury to life, body or health

The platform does not replace medical advice. The Provider assumes no liability for health consequences resulting from the unilateral application of the recommendations without consulting a doctor.

§ 9 Data protection

The protection of personal data is governed by our privacy policy, which is a supplementary part of these terms.

§ 10 User obligations

The user is obliged to provide correct information, keep access credentials confidential and not to misuse the platform. In case of significant violations the Provider is entitled to suspend access.

§ 11 Final provisions

  • The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not exclude mandatory consumer protection provisions of the country of their habitual residence.
  • Where legally permitted, the place of jurisdiction is the registered office of the Provider.
  • Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.