Safety, Warranty, Terms and Regulations


PRODUCT USE AND SAFETY

Please read this section carefully. Failure to follow these instructions may void the product warranty.

  • PulseOn provides highly accurate heart rate measurements, but it is not a medical device. All details provided by PulseOn are a rough guide only, and involve a margin of error.
  • This device is intended for measuring heart rate during such exercises as running, walking, cycling and other daily activities. Hand movements may impair measurement accuracy in racquet sports such as tennis and badminton.
  • Clean the sensor area by washing regularly with water to maintain optimal performance.
  • This device is waterproof (IPx7) to a depth of one meter.
  • Keep the device out of reach of small children.
  • Do not attempt to remove the battery from the device.
  • Do not use a damaged USB cable.
  • To avoid damaging moving parts and electronic components, do not use or store the device in dusty or dirty conditions.
  • Do not store the device in hot conditions (above 45˚ C / 113˚ F) or cold conditions (below 5˚ C / 41˚ F).
  • Do not attempt to open the device.
  • Do not drop, knock, or shake the device. Rough handling and vibration can damage internal circuit boards and sensitive mechanical components.
  • Do not use harsh chemicals, cleaning solvents or powerful detergents to clean the device.
  • The use times are approximate, and may be affected by device settings, use of features, battery condition, temperature and other factors.

 

LIMITED WARRANTY

Under the following terms and conditions, PulseOn Inc. (“PulseOn”) hereby warrants that this product is free from defects in material and workmanship resulting in Product Failure during normal usage:

  1. The limited warranty for the Product extends for ONE (1) year as of the date of sale of the Product to its original purchaser (“the Customer”).
  2. During the limited warranty period PulseOn will, at its sole discretion, repair or replace defective parts, or parts that fail to operate correctly for their intended use, with new or reconditioned parts where required due to Product malfunction or failure during normal use. The limited warranty shall not cover defects of appearance, decorative or structural items, including housing and non-operative components, or costs involved in dismounting or reinstalling the Product. PulseOn does not warrant uninterrupted or error-free operation of the Product.
  3. The Customer shall enjoy no coverage or benefits under this limited warranty if any of the following conditions apply:
    1. The Product has been subjected to physical abuse, immersion in water to a depth of more than 1 meter, abnormal use or conditions, improper storage, unauthorized modification, connection or repair, misuse, neglect, improper installation, damage in transit, or other measures for which PulseOn is not responsible.
    2. The product has been damaged by external causes such as collision with an object, or by fire, flooding, sand, dirt, windstorm, lightning, earthquake or damage from exposure to weather conditions, theft, improper use of any electrical source, damage caused by software viruses, bugs, worms or Trojan Horses, or by connection to products that are not recommended by PulseOn for interconnection.
    3. PulseOn was not advised in writing by the Customer of the alleged defect or malfunction in the Product within fourteen (14) days of expiration of the applicable limited warranty period.
  4. If warranty repair is required, then the Customer should contact PulseOn to request instructions for returning the Product (see www.pulseon.com/support). PulseOn will repair or replace the damaged Product within sixty (60) days of receiving it together with a copy of an itemized receipt showing the date of purchase. At its sole discretion, PulseOn may refund the price paid by Customer after deducting a reasonable sum for use. PulseOn shall not be liable for any loss of data during repair.
  5. ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR OF FITNESS FOR A PARTICULAR PURPOSE OR USE, SHALL BE LIMITED TO THE DURATION OF THE FOREGOING LIMITED WRITTEN WARRANTY. OTHERWISE, THE FOREGOING LIMITED WARRANTY SHALL REMAIN THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. PULSEON SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF DATA, PUNITIVE DAMAGES, LOSS OF USE OF THE PRODUCT OR OF ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, OR INJURY TO PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT, OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF PULSEON KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. PULSEON SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY, OR FOR LOSS OF USE DURING THE PERIOD WHEN THE PRODUCT IS BEING REPAIRED.
  6. Under no circumstances shall the liability of PulseOn under this limited warranty exceed the actual cash value of the Product at the time when the Customer returns the Product for repair, determined as the price paid by the Customer for the Product minus a reasonable sum for use.
  7. PulseOn neither allows nor authorizes any authorized service center or any other person or entity to assume for PulseOn any other obligation or liability beyond those expressly provided in this limited warranty. This shall remain the entire warranty between PulseOn and the Customer, superseding all prior and contemporaneous agreements or understandings, whether oral or written, relating to the Product, and no representation, promise or condition not contained herein shall modify these terms. This limited warranty shall apportion the risk of failure of the Product between the Customer and PulseOn. The said apportionment is recognized by the Customer and reflected in the purchase price.
  8. Please note, that PulseOn does not provide any end customer support (whether consumers of or legal entities) i.e. to the potential customers of PulseOn’s primary customer.

* PulseOn is a registered trademark of PulseOn Inc.

 

SOFTWARE LICENSE AGREEMENT

THIS PULSEON OY FREE USE LICENSE AGREEMENT IS A BINDING LEGAL AGREEMENT BETWEEN YOU (“LICENSEE”) AND PULSEON OY. IT PROVIDES A LICENSE TO USE THE PULSEON OY SOFTWARE. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THESE TERMS AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS LICENSE AGREEMENT (THIS “AGREEMENT”). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE.

1. Licensor

The license granted hereunder is granted by PulseOn Oy, Tekniikantie 12, 02150 Espoo, Finland ( ”Licensor”).

2. Software

This Agreement applies to the software that is designated by the Licensor to be under the PulseOn Free Use License Agreement and thus free of charge and is offered to be downloaded without a fee from the internet pages of PulseOn Oy, located within domain www.pulseon.com (“Software”).

3. License Grant

Subject to the terms and conditions of this Agreement, Licensor hereby grants to Licensee a perpetual, revocable, worldwide, non-exclusive, non-transferable, no-charge, royalty-free, copyright license to install and use the Software in object code form and related documentation. The Software can only be used with PulseOn Hardware devices and cannot be used as standalone component.

The Licensee agrees to and shall, not in any other way use, copy or distribute the Software and the related documentation, except for and to the extent provided by mandatory provisions of applicable law. Further, the Licensee shall not modify, disassemble, decompile, reverse engineer, reverse assemble or reverse compile, recreate or generate the Software or any portion thereof, nor shall Licensee permit any other person or entity to do so or except for and to the extent provided by mandatory provisions of applicable law.

4. Copyright and Other Intellectual Property Rights

The Software and related documentation licensed to the Licensee hereunder is protected by copyright and possibly other intellectual property rights. All rights, including but not limited to copyright and other intellectual property rights, title and interest in or to the Software and documentation, translations, modifications, enhancements, changes or copies thereof as well as derivative works based upon the Software and related documentation, shall at all times remain the property of the Licensor or its licensors. This Agreement does not transfer to Licensee title to any intellectual property contained in the Software or related documentation.

5. Term and Termination

The rights granted by this Agreement shall continue in effect unless or until this Agreement is terminated in writing by the Licensor. The rights granted by this License Agreement shall also automatically terminate if the Licensee fails to comply with terms herein.

6. No Warranties

THE SOFTWARE IS OFFERED TO THE LICENSEE “AS IS” WITHOUT A FEE AND FREE OF CHARGE, AND LICENSOR MAKES NO WARRANTIES WHATSOEVER. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET THE CUSTOMER’S REQUIREMENTS OR THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR IN ALL COMBINATIONS SELECTED FOR USE. ESPECIALLY THERE ARE NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

7. Limitation of Liability

THE ENTIRE LIABILITY OF PULSEON AND ITS SUPPLIERS TO LICENSEE OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGE IN RESPECT OF ANY CAUSE OF ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT OR THE LICENSE GRANTED HEREIN SHALL NOT EXCEED ONE (1) EURO.

IN NO EVENT WILL THE LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS AND LOST SAVINGS, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR CLAIMS, DEMANDS OR ACTIONS AGAINST LICENSEE BY ANY PERSON OR LOSS OF OR DAMAGE TO CUSTOMER’S DATA FROM ANY CAUSE.

8. Choice of Law and Miscellaneous

This Agreement shall be governed by and construed under the laws of Finland, exclusive of its choice of law rules.

This Agreement may not be transferred to a third party without the written consent of the other party, except for in cases where PulseOn transfers this Agreement in connection with a transfer of the whole business to which this Agreement belongs.

 

TERMS AND CONDITIONS OF SALE

1. Offer / Quotation

The offer / quotation is valid for 30 days, unless otherwise mentioned in the offer. All material, including but not limited to pictures, drawings, calculations and other documents, are the property of PulseOn. The Customer shall have no right to transfer or otherwise give any information regarding the included information to any third party. Quotations made orally will be subject to change without further notice.

2. Order

The order shall be considered to be valid after the Customer has approved the quotation by sending their PO corresponding to the Offer / Quotation terms and conditions as well as fulfilling the pre-payment requirements.

3. Delivery Time

The delivery time shall be confirmed by PulseOn when the Customer has fulfilled their obligations and provided for PulseOn all necessary information relating to the delivery. Customer acknowledges that the dates specified for delivery in the PulseOn’s offer / quotation and order acknowledgement shall be regarded as indication dates and shall not constitute a material term of the Sales Agreement. The quoted products are subject to availability.

4. Shipping Terms

The shipping terms are FOB Hong Kong unless otherwise agreed. All expenses in connection with the packing and delivery of the product shall be added to the agreed price.

5. Price

The purchase price is the price agreed between the Parties. The applicable VAT, delivery expenses and all other expenses, taxes and tax like costs beyond PulseOn’s control shall always be added to the purchase price.

6. Payment Terms and Interest

Term of payment shall be 50 % of total order value paid upon placing the order and 14 days prior to the delivery for the remaining part unless there is a separately agreed payment schedule. In case of a payment delay, a delay interest of 16% pa. shall be added to the invoice sum. In addition PulseOn shall have a right to claim for reasonable collection charges.

7. Price Revive

PulseOn retains a right to price adjustments, in case of exchange rate change, VAT, import duties or other costs beyond PulseOn’s reach change before the delivery date. The comparison exchange rate is the rate the Bank of Finland confirms at the quotation or offer date.

8. Customer’s Cancellation Right

If PulseOn’s delivery shall differ considerable from the agreed and the defect shall not be repaired or new product shall not be delivered in a reasonable time after Customer’s written reclaim or if the delivery is delayed because of negligence by PulseOn and it causes the Customer unfair damage, in such cases the Customer shall be entitled a cancellation right. If the product has been produced according to specific instructions and conditions made by the Customer, and PulseOn can’t use the product for any other use without losses, the Customer shall then have a cancellation right only if the meaning of the Agreement shall be essentially unattainable.

9. PulseOn’s Cancellation Right

If the purchase price shall not be paid at the due date and the delay doesn’t derive from PulseOn’s actions, has PulseOn a cancellation right for the whole Agreement or to the part of its products that the Customer has not yet received. PulseOn has a cancellation right also in a case where it is obvious because of notice from the Customer or otherwise that the Customer shall be delayed. In addition PulseOn shall be entitled to cancel the Agreement if the Customer won’t contribute to the Agreement as agreed or otherwise reasonably can be expected or if the product becomes no longer available.

10. Force Majeure

PulseOn shall be excused for any delay or failure to perform due to any cause beyond its reasonable control, including but not limited to acts of governments, natural catastrophes, acts of Customer interruptions of transportation or inability to obtain necessary labour or material. In the event PulseOn shall be unable to perform in whole or in part because of any excusable failure to perform, PulseOn may cancel orders without liability to the Customer. In a situation where the fulfilment of the Agreement would require unfair sacrifice by PulseOn compared to the benefits accrued by the Customer; PulseOn shall not be compelled to fulfil the Agreement. In addition PulseOn shall have a right to cancel the Agreement.

11. Governing Law

This Agreement shall be construed and governed by the laws of Finland excluding its rules for choice of law. The application of the UN’s Convention on Contracts for International sale of Goods is expressly excluded. Any dispute, controversy or claim arising out or relating to this Agreement, or the breach, termination or validity there shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finnish Central Chamber of Commerce by one (1) sole arbitrator, who shall be appointed by the arbitration board of the Central Chamber of Commerce. The arbitration shall happen in Helsinki in the English language. This clause shall not limit parties’ rights to enforce the arbitration award in any court of law.

Note

Please note, that PulseOn does not provide any end customer support (whether consumers of or legal entities) i.e. to the potential customers of PulseOn’s primary customer.

 

PulseOn SW development tools and examples

PulseOn SW development tools and examples (Application, Device Kit) are not for commercial use, usage of PulseOn SW development tools and examples (Application, Device Kit) is for development and testing purposes only. By using PulseOn SW development tools and examples (Application, Device Kit) SW the user agrees on PulseOn Terms and Conditions.
© Copyright PulseOn Oy, all rights reserved

 

Regulatory Information (for PulseOn Coal Black and Cloud White devices)

PulseOn declares under its sole responsibility that the product is in conformity with the provisions of Directive 1999/5/EC of the European Parliament and of the Council. A copy of the Declaration of Conformity may be viewed at http://PulseOn.com/declaration_of_conformity/.

FCC regulatory information

This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy, and may cause harmful interference to radio communications if not installed and used in accordance with the instructions. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to attempt to correct the interference by one or more of the following measures:

  • Reorient or relocate the receiving antenna.
  • Increase the separation between the equipment and receiver.
  • Connect the equipment to an outlet on a circuit that is independent of the circuit to which the receiver is connected.
  • Consult a dealer or experienced radio/TV technician for help.

Modifications not expressly approved by the manufacturer could void the user’s authority to operate the equipment under FCC rules.

IC Statement

This device complies with Industry Canada license‐exempt RSS standard(s). Operation is subject to the following two conditions: (1) this device may not cause interference, and (2) this device must accept any interference, including interference that may cause undesired operation of the device.

CAN ICES-3(B)/NMB-3(B)


© PulseOn. All rights reserved.

PulseOn is a registered trademark of PulseOn Inc.

Bluetooth™ Smart is a registered trademark of Bluetooth SIG, Inc.

The crossed-out wheeled bin means that within the European Union the product must be taken to separate collection at end-of-life. Do not dispose of these products as unsorted municipal waste.