User License Agreement

Last updated: May 2024

introduce

These Terms of Use and End User License Agreement (collectively, the “Agreement”) and all documents referred to herein constitute a legally binding agreement between you, a natural person (“you”, “your” or “user”) and Mengjie Yang (“we”, “us” or “our”) regarding your access to and use of the “ LifePulse :Healthy Monitor ” mobile device software application (the “Application”).

The name of the App may vary in countries outside the United States and may change without notice.

All documents related to this application are expressly incorporated herein by reference.

Please read this Agreement carefully before downloading, installing or using this Application.

It is very important to read and understand this Agreement, because downloading, installing or using this application indicates that you have read, understood, agreed and accepted this Agreement, which will take effect from the date you download, install or use this application. By using this application, you agree to be bound by this Agreement.

If you do not agree (do not accept) this Agreement, or if you do not agree to at least one of the terms of this Agreement, you are not authorized to access, download, install or use the Application. You must immediately stop downloading, installing the Application, and delete (delete) the Application from any mobile device you own or control.

Changes to this Agreement

We reserve the right to change or modify this Agreement at any time and for any reason in our sole discretion. We will notify you of any changes by updating this Agreement, and you waive any right to receive specific notice of each such change. It is your responsibility to review this Agreement periodically for updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Agreement by your continued use of the Application after the date such revised Agreement is posted.

normal circumstances

This application is a utility designed to enhance your device experience. The application allows you to search and delete screenshots, similar images, live photos, burst photos and videos; organize your contacts - merge, backup, delete them quickly and efficiently. You can also create a secret safe space to safely hide your private photos, videos and contacts. In addition, you may have the opportunity to test your internet connection speed, add storage, battery and contacts widgets to the home screen, set charging animations and learn some tips on how to extend the battery life. Check out the full list of features on the application page in the App Store.

The Application is for your personal, non-commercial use only. You may use the Application only for the purposes set forth above.

intellectual property

Our Services and related content (and any derivative works or enhancements), including but not limited to all artwork, text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation and interactive features included in or made available through our Services (collectively, the “Service Content”), and all intellectual property rights therein, are owned by us, our licensors, or both. In addition, all trademarks, service marks, trade names and trade dress appearing in our Services are owned by us, our licensors or identified third parties. You shall not acquire any right, title or interest in or to our Services or any Service Content except for the limited use rights granted to you in these Terms of Service. Any rights not expressly granted herein are expressly reserved.

You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Content from the Services. In addition, except as expressly permitted in these Terms of Service, you may not: (i) remove, alter, cover or misrepresent any copyright, trademark or other proprietary rights notices contained in or through our Services or Service Content; (ii) circumvent, disable or otherwise interfere with our security-related features, including without limitation any features that prevent or restrict use or copying of any software or other Service Content; (iii) use any automated device (such as a robot or spider) or manual process to copy or "scrape" any Service Content for any purpose without our express written permission; (iv) collect or harvest any personally identifiable information from our Services, including without limitation usernames, passwords, email addresses; (v) solicit other users to join or become members of any commercial online service or other organization without our prior written approval; (vi) attempt to interfere with or disrupt our Services or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to our Services; (vii) decompile, reverse engineer or disassemble any of our software or other Service Content or our Services; (viii) use any network monitoring software to determine the architecture of or extract usage data from our Services; (ix) Encourage conduct that would constitute a criminal offense or give rise to civil liability; (x) violate these Terms of Service, any Code of Conduct or other guidelines that may apply to our Services or any particular Service content; (xi) violate any applicable local, state, national or international law (civil or criminal), including without limitation laws governing intellectual property and other proprietary rights, data protection and privacy; (xii) impersonate any other user, person or entity (for example, by using another person’s Membership (as defined below)); (xiii) violate U.S. export laws, including without limitation the Export Administration Act and the Export Administration Regulations administered by the U.S. Department of Commerce; or (xiv) engage in any other conduct that restricts or inhibits any other user from using or enjoying our Services.

You agree to fully cooperate with us in investigating any suspected or actual activity that violates these Terms of Service.

Privacy Policy

Your privacy is very important to us. Therefore, we have developed a Privacy Policy so that you can understand how we process, use and store information, including personal data. Accessing the Application and using the Services are subject to the Privacy Policy. By accessing the Application and continuing to use the Services, you will be deemed to have accepted the Privacy Policy and, in particular, you will be deemed to have acknowledged the manner in which we process your information and the appropriate legal basis for processing your information as described in the Privacy Policy. We reserve the right to amend the Privacy Policy at any time. If you disagree with any part of the Privacy Policy, you must immediately stop using the Application and the Services. Please read our Privacy Policy carefully.

Termination of User License Agreement

By using this Application, you promise to respect our intellectual property rights (intellectual property rights related to Application source code, UI/UX design, content materials, copyrights and trademarks, the “ Intellectual Property Rights ” ) and the intellectual property rights owned by us.

As long as you continue to use the Application, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right (the "License") to access and use the Application in accordance with this Agreement.

The source code, design and content, including information, photos, illustrations, artwork and other graphic materials, sounds, music or videos (hereinafter referred to as the "Works") and the name, logo and trademark of the Application (hereinafter referred to as the "Personalization Means") within the Program are protected by copyright law and other relevant laws and/or international treaties and belong to us and/or our partners and/or contracted third parties (as the case may be).

If any third party claims that your possession and use of the App infringes that third party ’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

These works and personalised means may not be reproduced, copied, forwarded, distributed, disseminated, sold, published, broadcast or circulated, in whole or in part, without the express permission of us and/or our partners and/or contracted third parties, as the case may be.

The Application and its contents, works and personalization methods and its functions

(1) All rights, title and interest in and to the Website are the exclusive property of Shanghai Yanyan Information Technology Co., Ltd. and/or our partners and/or contracted third parties, (2) are protected by applicable international and national laws, and (3) may not be transferred (assigned) to you in whole or in part under any circumstances within the scope of this License.

We will not hesitate to take legal action to protect and restore our rights against any unauthorized use of our trademarks, names or symbols. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may be trademarks of their respective owners.

Prohibited Conduct

You agree not to use the App in any way:

is illegal, unlawful or unauthorized;

defame any other person;

Obscene or offensive content;

infringe any other person's copyright, database right or trade mark;

Advocate, promote or assist any illegal activity such as, by way of example only, copyright infringement or computer misuse.

You may not make the Application available to any third party. Additionally, you may not modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from the Application or any documentation related to the Application.

You may not transfer, loan, rent, lease, distribute the Application, or use it to provide services to third parties, or grant any rights in the Application or any files related to the Application to any third party.

Misuse of any Trademarks or any other content displayed on the Application is prohibited.

You shall not directly or indirectly infringe our intellectual property rights by copying and/or plagiarizing and/or distributing and/or publishing and/or using any content within the Application.

Furthermore, you may not attempt to use the Application or portions of it for malicious purposes.

Furthermore, we are not responsible for how you use the App.

To be clear, we may take any legal action available under applicable law against users who violate this Agreement.

Application availability, security, and accuracy

In order to use the app, you need a compatible phone or tablet and internet access.

We do not guarantee that the App will be compatible with all hardware and software you use.

We do not guarantee that your access to the Application will be uninterrupted, timely, or error-free.

Apple has no obligation whatsoever to provide any maintenance or support services with respect to the App.

You acknowledge that the App is provided via the internet and mobile networks and that the quality and availability of the App may be affected by factors beyond our reasonable control.

The version of the App may be upgraded from time to time to add support for new features and services.

We may change or update the App and any content described in it without notifying you. If the need arises, we may suspend access to the App or close it indefinitely.

You also warrant that any information you submit to us is true, accurate and complete, and you agree to maintain its authenticity at all times.

You can stop using our services at any time by selecting that option in your Apple ID account settings. If you decide for any reason that you no longer want to use the app, you should uninstall the app.

IX. Fees

The application is free to use. Once you download the application, you will be able to use its basic features.

Your communications service provider may charge you for downloading and/or accessing the Application on your mobile or tablet device, so you should check the terms of your agreement with your carrier. If you do this outside your area of residence, this may include data roaming charges. All such charges are your sole responsibility. If you have not paid the bill associated with your mobile or tablet device, we assume that you have obtained permission from the payer before incurring any such charges.

Third Party Websites and Resources

The App may link you to other websites on the Internet and contract with third parties to provide you with certain services. We do not control and are not responsible for the content of any website or mobile application to which the App links (unless we are the provider of such linked website or mobile application). Such linked websites and mobile applications are provided "as is" for your convenience only, without any warranties of any kind, either express or implied, as to the information provided therein.

You acknowledge that your use of the Application is subject to the applicable third-party terms of agreement. You bear all risks arising from your use of any third-party websites or resources.

If you have any questions, concerns or complaints regarding such third-party websites or mobile applications (including, but not limited to, inquiries, concerns or complaints regarding products, product orders, defective products and refunds), you must direct them to the operator of such third-party websites or mobile applications.

Disclaimer

YOU AGREE THAT USE OF THE APP AND ITS SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL MATERIALS, INFORMATION, SOFTWARE AND CONTENT INTEGRATED IN THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICES, PRODUCTS OR MATERIALS PROVIDED UNDER THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR PROVIDED THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE 100% REMOVAL OF ALL DUPLICATE CONTACTS OR SIMILAR IMAGES OR SCREEN SCREENSHOTS ON YOUR DEVICE.

We do not provide any warranty as to the proper functionality of the App, however, if you believe that our App does not meet your expectations, you may notify Apple and Apple may refund the purchase price of the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App and any other claims, losses, liabilities, damages, costs or expenses resulting from any failure to conform to any warranty.

Limitation of Liability

In no event shall we be liable for any damages, whether direct or indirect, arising out of or in connection with the Application and the services it provides. In no event shall we be liable for any special, consequential, incidental, exemplary or punitive damages or loss of profits or revenues, even if we have been expressly advised of the possibility of such damages. In no event shall we be liable for any damages arising out of or in connection with any third party products, services and/or information provided or accessed through the Application or any other means. You also expressly acknowledge that we are not responsible for the costs or damages of private or governmental legal proceedings arising from your use of any Application and its services in any country.

Apple is not responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection, privacy, or similar legislation.

Legal and Compliance

You represent and warrant that: (i) you are not located in a country that is subject to the U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and (ii) you are not listed on any list of prohibited or restricted political parties by the U.S. government.

Third Party Beneficiary

You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enter into this Agreement as a third-party beneficiary of this Agreement.

Applicable Law and Claims

Choice of Law and Forum Selection. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States.

All disputes and claims, actions, causes of action or proceedings arising between the parties hereto, whether in contract, tort, equity, law or otherwise, including those arising out of or relating to this Agreement, and in particular those relating to its performance and alleged breach, shall (i) be governed by and construed in accordance with the substantive and procedural laws of the State of Florida, United States, excluding and without regard to its choice of law provisions, and (ii) shall be exclusively determined by a court of competent jurisdiction in the State of Florida, United States, to the exclusion of other courts and forums.

We make no representation that the App is appropriate or available for use outside the U.S. Those who access or use the App from other jurisdictions do so on their own initiative and are responsible for compliance with local laws.

If you choose to access or use the App from or within the United States, you are responsible for:

a) Ensure that your actions in the country are legal;

b) the consequences and your compliance with all applicable laws, regulations, charters, codes of conduct, licenses, registrations, permits and authorizations.

Class Action Waiver. In resolving any dispute with us and/or seeking any relief from us, you expressly agree to waive your right to bring and/or participate in any class action and/or proceeding of any kind.

In the event of any dispute, allegation or claim (including any non-contractual claim) arising out of or relating to the Application, the services provided thereon or this Agreement, you and we agree to send each other a written notice providing a reasonable description of the dispute and a proposed resolution. The notice will be sent using the most current contact information. Within sixty (60) days of receiving the other party's notice, you and we will engage in a dialogue to try to resolve the dispute, but you and we are not required to resolve the dispute on terms that you or we, in our sole discretion, are uncomfortable with.

termination

We reserve the right to terminate this Agreement at any time and for any reason at our sole discretion.

Upon termination, (a) the rights and licenses granted to you under this Agreement will terminate; and (b) you must cease all use of the Application.

Divisibility

If any provision of this Agreement is illegal, invalid or unenforceable in any respect, such provision shall be more strictly construed to make it legal, valid and enforceable, or, if this is not possible, deleted. The other provisions of this Agreement will continue in full force and effect.

You may not assign or transfer, or purport to assign or transfer, the contract between you and us to any other person.

contact information

We reserve the right to respond to user support requests. If you would like to submit a support request or have any questions about this Agreement or the Application, please contact us at lifepulse_suppoort@hotmail.com .

Payment & Subscription Terms:

Choose between the following subscription options for unlimited access to all features:

• Weekly Subscription

• Month Subscription

• Yearly Subscription

You may cancel your subscription at any time

You can cancel auto-renewal at any time, given that the cancellation is at least 24 hours before the end of the current period. Any unused portion of a free trial period will be forfeited when making a purchase of an auto-renewing subscription.