Dr. Pulse

End-User License Agreement (EULA)

Version 1.0 | Last Updated: June 2025

THIS DR. PULSE END-USER LICENSE AGREEMENT

This Dr. Pulse End-User License Agreement (the “EULA”) is a legal agreement between you (the “End-User” or “you”) and Accurate Meditech Inc., having its registered address at 8F-10, No. 12, Ln. 609, Sec. 5, Chongxin Rd., Sanchong Dist., New Taipei City, 241406, Taiwan (“Licensor,” “we,” or “us”) regarding your use of the Dr. Pulse Application Software (the “App”) and Dr. Pulse Cloud Service (the “Service”).

We license use of the App and/or the Service to you subject to this EULA and any rules or policies imposed by third-party app stores (e.g., Apple App Store, Google Play Store) (“Third-Party Rules”). You acknowledge that we do not sell the App or Service to you and remain the owners of the App and Service at all times.

It is essential that you read and understand this EULA before selecting “I Agree” below. By clicking “I Agree” or by using our App and/or Service, you agree to be bound by all terms herein, including the disclaimers in section 2.4 regarding medical advice and the limitation of liability in section 8. You also warrant that you have the capacity and competence to enter into and perform your obligations under this EULA. If you are a minor under applicable law, you must not register for or use the App or Service.

If you do NOT agree to the terms of this EULA, you should select “Do Not Agree” and discontinue all use of the App and/or Service immediately.

Definitions
Acknowledgements
Your Privacy
Grant and Scope of License
License Restrictions
Acceptable Use Restrictions
Intellectual Property Rights
Limitation of Liability and Indemnification
Termination
Communication Between Us
Events Outside Our Control
Other Important Terms
Additional Terms for Using the Service
Annex: Terms of Use for Dr. Pulse Cloud Service

1. DEFINITIONS

“App” means the Dr. Pulse Application Software and any updates or supplements to it, provided by us or an affiliate.
“Device” means your smartphone, tablet, or other handheld device.
“Service” means the Dr. Pulse Cloud Service, which allows users, via the App, to store Customer Information (as defined in our Privacy Policy) in servers managed by us or our service provider and to remotely access that Customer Information from their Device.
“Server-Stored Data” means the portion of Customer Information related to the Service that is stored on servers managed by us or our service provider.

2. ACKNOWLEDGEMENTS

2.1 This EULA applies to your use of the App and/or Service, including any updates or supplements, unless such updates or supplements are accompanied by a separate license agreement, in which case those terms apply.

2.2 We may amend this EULA at any time by notifying you of changes when you next launch or use the App and/or Service. You may be required to review and accept updated terms to continue use.

2.3 From time to time, updates to the App and/or Service may be issued through the app store. You may not be able to use the App and/or Service until you install the required update and accept any new terms. We are under no obligation to provide updates for outdated versions.

2.4 DISCLAIMER: The App and/or Service are provided “as is” and do not constitute medical advice or replace consultation with a qualified healthcare provider. Always seek professional medical advice for any health concerns. We are not a medical provider and do not guarantee health outcomes. Use of the App and/or Service is at your own risk.

2.5 The App and/or Service may include links or connectivity to independent third-party websites or mobile applications (“Third-Party Sites”). We do not control or endorse their content, privacy practices, or policies. You bear responsibility for evaluating and interacting with any Third-Party Site.

2.6 Any words following “including,” “include,” “in particular,” or similar phrases are illustrative and do not limit the preceding general words.

2.7 You are responsible for configuring your Device, downloading and installing the App, creating your Service account, and obtaining any necessary ancillary equipment or network connectivity at your own cost.

3. YOUR PRIVACY

We use any personal data collected through your use of the App and/or Service only as described in the Dr. Pulse Privacy Policy (https://vital2doc.com/privacy-policy.html). If you do NOT agree to that Privacy Policy, you must not install, register, or use the App or Service.

4. GRANT AND SCOPE OF LICENSE

4.1 In consideration of your agreement to this EULA, we grant you a revocable, non-transferable, non-exclusive license to:

Download and install a copy of the App onto your Device;
View, use, and display the App and/or Service on your Device strictly for your personal, non-commercial purposes, subject to this EULA and applicable Third-Party Rules;

and to access Server-Stored Data in connection with any account you create for the Service.

4.2 The license is limited to domestic, private use only. You agree not to use the App or Service for any commercial, business, or resale purposes.

4.3 We reserve all rights in the App, Service, and any associated materials not expressly granted herein.

5. LICENSE RESTRICTIONS

Except as expressly permitted by this EULA or applicable law, you agree not to:

Copy the App or Service, except for installation or backup purposes;
Rent, lease, sublicense, loan, translate, merge, adapt, vary, or modify the App or Service;
Combine the App or Service with other software or permit it to become part of any other program;
Disassemble, decompile, reverse-engineer, or create derivative works based on the App or Service;
Remove, alter, or obscure any proprietary notices in the App or Service;
Bypass any technical restrictions, digital rights management, or security features in the App or Service;
Use the App or Service on a “jailbroken” or “rooted” Device or any Device that does not conform to manufacturer specifications;
Export the App or Service in violation of any applicable law or regulation, including export control laws;

6. ACCEPTABLE USE RESTRICTIONS

You must not:

Use the App or Service unlawfully or in violation of this EULA (e.g., hacking, inserting malicious code, viruses, or harmful data);
Infringe any third party’s intellectual property or privacy rights;
Transmit defamatory, offensive, or objectionable content;
Interfere with or disrupt other users, our systems, or our service providers’ systems (e.g., denial-of-service attacks);
Collect or harvest data from our systems or attempt to decipher any transmissions to or from our servers;

7. INTELLECTUAL PROPERTY RIGHTS

7.1 All intellectual property rights in the App and Service belong to Accurate Meditech Inc. or our licensors. Your only rights are those expressly granted by this EULA.

7.2 You acknowledge you have no right to access or use the App or Service in source-code form.

7.3 You will not challenge or oppose any of Accurate Meditech Inc.’s intellectual property rights in the App or Service.

7.4 If you suggest new features or functionality that we incorporate, those enhancements become our sole property without compensation to you.

8. LIMITATION OF LIABILITY AND INDEMNIFICATION

8.1 You understand and agree that the App and Service were not developed to meet your individual requirements. It is your responsibility to ensure the App and Service meet your needs.

8.2 We provide the App and Service on a temporary basis and may withdraw or amend them at any time without notice. We will not be liable if the App or Service is unavailable for any reason.

8.3 TO THE FULLEST EXTENT PERMITTED BY LAW: THE APP AND SERVICE ARE PROVIDED “AS IS,” AND WE DISCLAIM ANY WARRANTIES, GUARANTEES, OR CONDITIONS OF ACCURACY, PERFORMANCE, OR UNINTERRUPTED SERVICE. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE APP OR SERVICE, INCLUDING BUT NOT LIMITED TO:

LOSS OF DATA;
INJURY OR DEATH;
DETERIORATION OF HEALTH;
LOSS OF OPPORTUNITY FOR MEDICAL TREATMENT OR DIAGNOSIS;

WHETHER CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

8.4 If any aspect of this EULA conflicts with mandatory consumer protection laws in your jurisdiction, nothing in this EULA limits those non-waivable rights.

8.5 You agree to indemnify, defend, and hold harmless Accurate Meditech Inc., its affiliates, and their officers, directors, employees, and agents from any claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising from:

Your breach of this EULA;
Your misuse of the App or Service;
Your violation of any law or third-party rights.

8.6 We are not liable for errors or malfunctions resulting from use on “jailbroken” or “rooted” Devices or Devices with modified operating systems.

9. TERMINATION

9.1 We may terminate this EULA and your license immediately, without liability, by written notice if you:

Commit a material breach of this EULA that is not remedied within 14 days after written notice;
Violate any License Restrictions (section 5) or Acceptable Use Restrictions (section 6);
We decide to discontinue support for the App or Service indefinitely.

9.2 Upon termination, you must:

Cease all use of the App and Service;
Delete the App from all Devices and destroy all copies;

9.3 Sections 2, 3, 7, 8, 12, and this section 9 survive termination.

10. COMMUNICATION BETWEEN US

10.1 If you have questions, comments, or requests regarding this EULA, or if clause in this EULA requires you to give us notice in writing, contact us by email at info@accurate-meditech.com or by mail to:

Accurate Meditech Inc.
8F-10, No. 12, Ln. 609, Sec. 5, Chongxin Rd.,
Sanchong Dist., New Taipei City, 241406, Taiwan

10.2 We will confirm receipt by responding in writing (typically via email). You acknowledge that any personal information provided with your request may be disclosed to our affiliates or stored in servers located outside your country.

11. EVENTS OUTSIDE OUR CONTROL

11.1 We will not be liable for any failure or delay in performance caused by any event beyond our reasonable control, including but not limited to failure of public or private telecommunication networks, acts of God, war, or other emergencies.

11.2 If an Event Outside Our Control occurs:

Our obligations under this EULA will be suspended for the duration of the event;
We will use reasonable efforts to resume performance as soon as practicable.

12. OTHER IMPORTANT TERMS

12.1 We may assign our rights and obligations under this EULA to another organization; this will not affect your rights or obligations.

12.2 You may not assign your rights or obligations under this EULA without our prior written consent.

12.3 If we fail to enforce any provision of this EULA, it does not constitute a waiver of that provision or any other.

12.4 If any court finds a provision of this EULA unenforceable, that provision will be limited or removed to the minimum extent necessary, and the rest of the EULA remains in full force.

12.5 This EULA is governed by the laws of the State of California, USA. Any dispute arising out of or in connection with this EULA will be finally resolved by arbitration in San Francisco under the rules of the American Arbitration Association. The arbitration will be conducted in English. Nothing prevents either party from seeking interim injunctive relief in a court of appropriate jurisdiction.

12.6 This EULA constitutes the entire agreement between you and Accurate Meditech Inc. regarding its subject matter and supersedes all prior agreements. Any amendment must be in writing and signed by Accurate Meditech Inc.

13. ADDITIONAL TERMS FOR USING THE SERVICE

13.1 In certain regions, we provide the Service as an additional function to the App. If you reside in such regions and elect to use the Service, you agree to abide by these “Terms for Service” in addition to the EULA.

13.2 Creating Your Account

You must create your own Service account as instructed. Only one account per person. Accounts may not be shared or used by multiple people.
If we determine you have breached these Terms for Service or the EULA, we may suspend or delete your account without notice.
We may delete accounts that have not been accessed for more than one year.
Upon account deletion, you lose all rights to view Server-Stored Data. Deleted data cannot be recovered. You may continue using the App without Service, subject to the EULA.
Account rights are non-transferable and non-assignable. Any suspected violation may result in suspension or deletion without notice.

13.3 Responsibility to Manage Your Account and Password

Do not share your account password with anyone. You alone are responsible for any activity under your account.
We are not responsible for unauthorized use if you breach these Terms or the EULA.
If your password is stolen or used without authorization, notify us immediately and follow our instructions.
If you forget your password, follow the App’s instructions to recover or reset it.

13.4 Deletion of Server-Stored Data

We may delete Server-Stored Data if you breach these Terms or the EULA.
We may delete data if the Service is discontinued or your account is inactive for one year.
You are responsible for backing up your Server-Stored Data to avoid data loss.

13.5 Suspension and Discontinuation of Service

We may suspend or discontinue the Service if:

Telecommunication failures, acts of God, emergencies, or force majeure prevent us from providing Service;
We need to perform maintenance or upgrades on servers or related equipment;
Any server or equipment malfunction occurs;
Operational, security, or technical reasons require temporary suspension.

13.6 Exclusion of Liability

To the maximum extent permitted by law, we exclude liability for any loss or damage resulting from:

Suspension or discontinuation of the Service as described above;
Inability to access Server-Stored Data due to network conditions, App/Service bugs, or other causes;
Loss of Customer Information resulting from your use of the Service. We may reproduce Server-Stored Data at our discretion for maintenance, improvement, or data recovery purposes;
Deletion of Server-Stored Data per these Terms for Service;
Malfunctions or issues related to your Device or third-party services not managed by us.

Last Updated: June, 2025