Terms of Service — Pulse Coaching

1. Introduction and Acceptance

These Terms of Service (“Terms”) govern your access to and use of the virtual fitness platform operated by TEST 1000 Inc. (trading as Pulse Coaching) (“Pulse Coaching”, “we”, “us”, or “our”), a corporation organised under the laws of the State of Delaware, USA, with its registered office at 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex and principal place of business at 4615 Briar Oaks, Dallas, Texas, 75287.

The Platform includes the website at https://www.pulse-coaching.com and all associated applications, services and content (together, the “Platform”).

By accessing or using the Platform, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Platform. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

Target markets. The Platform is actively offered in the United Kingdom, Ireland, the European Union, the United States, Australia and Canada (the “Target Markets”). The Platform is accessible from other jurisdictions, but Pulse Coaching does not actively market the Platform outside the Target Markets. Where a statute of your country of residence confers rights on you that cannot lawfully be excluded by agreement, those rights are not affected by anything in these Terms (see Section 18).

2. Definitions

Coach — a qualified fitness professional engaged by Pulse Coaching to deliver coaching services through the Platform.
Complimentary Sessions — trial sessions provided without charge at our sole discretion to eligible new members.
Content — all materials available on or through the Platform.
Corporate Account — a subscription purchased by a business entity for use by its employees.
Member — an individual registered user with an active or trial account.
Sanctioned Jurisdiction — any country, territory, region or government subject to comprehensive economic sanctions administered by OFAC, the EU, OFSI, or the UN Security Council, including (without limitation) Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, Luhansk, Zaporizhzhia and Kherson regions of Ukraine.
Session — a 45-minute live one-to-one video coaching appointment between a Member and their assigned Coach, conducted via Google Meet.
Target Markets — the United Kingdom, Ireland, the European Union, the United States, Australia and Canada.
Subscription — a recurring monthly membership plan providing access to Platform services.
User Content — any content created or uploaded by you to the Platform.

3. Eligibility

You must be at least 18 years of age to register for an account and use the Platform. By using the Platform you represent that you are 18 or older, have the legal capacity to enter into a binding agreement, and are not prohibited from using the Platform under any applicable law.

3.1 Sanctions and Restricted Jurisdictions

You represent, warrant and undertake to Pulse Coaching that you are not located in, ordinarily resident in, or a national of a Sanctioned Jurisdiction; you are not identified on any sanctions list maintained by OFAC, the EU, the UK, or the UN; you will not use the Platform on behalf of any sanctioned person or entity; and you will not use the Platform to violate any export-control, sanctions, AML or anti-terrorism law. If any of these representations becomes inaccurate, you must immediately cease using the Platform and notify us at aaron@pulse-coaching.com. We may suspend or terminate your account without notice and without liability.

4. Account Registration and Security

To access the full functionality of the Platform you must register for an account. You agree to provide accurate, current and complete information; maintain the confidentiality of your login credentials and not share them with any third party; notify us immediately of any unauthorised access at aaron@pulse-coaching.com; and accept responsibility for all activity that occurs under your account. You may only maintain one account per person.

5. Subscriptions and Billing

5.1 Subscription Plans

Access to coaching services and classes requires a paid monthly Subscription. Current plans, features and prices are published at https://www.pulse-coaching.com/pricing.

5.2 Complimentary Trial Sessions

At our sole discretion, new Members may receive a limited number of complimentary sessions when they first register. Complimentary sessions are available once per person and may not be transferred. Following the use of all complimentary sessions, continued access to Sessions requires an active paid Subscription.

5.3 Automatic Renewal — Important Notice

PLEASE READ THIS SECTION CAREFULLY. YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY. By subscribing, you authorise Pulse Coaching to charge your payment method on a recurring monthly basis until you cancel.

Subscription fee: as stated at checkout and on the pricing page at the time of your subscription.
Billing frequency: monthly, charged on the same date each month as your original sign-up date.
Automatic renewal: your Subscription will automatically renew each month at the then-current price unless you cancel before the renewal date.
How to cancel: Profile → Manage Subscription → Cancel, or by emailing aaron@pulse-coaching.com. Cancellation takes effect at the end of the current billing period.
No partial refunds: we do not refund partial billing periods, except where required by applicable consumer law.

Payments are processed by Stripe, Inc. If a payment fails, we will notify you and may suspend access to Sessions until payment is received.

5.4 Price Changes

We will provide at least 30 days’ written notice before any increase in subscription fees. If you do not wish to accept the new fee, you may cancel your Subscription at any time before the effective date.

5.5 Pause Option

Active subscribers may pause their Subscription for one, two or three months through Profile → Manage Subscription → Pause. During a pause, billing is suspended and access to Sessions and Classes is not available. The Subscription resumes automatically at the end of the pause period.

6. Session Booking and Cancellation

6.1 Booking

Sessions must be booked through the Platform. Availability is subject to Coach availability and is allocated on a first-come, first-served basis. Elite and Advanced tier Members may create recurring weekly session bookings within the limits of their tier.

6.2 Cancellation and Rescheduling

More than 24 hours before the scheduled start time: session credit returned to your account for use in the same billing period.
Less than 24 hours before: session credit is forfeited.

We reserve the right to cancel or reschedule a Session where a Coach is unavailable. In such cases, your session credit will be returned and we will endeavour to offer an alternative time or substitute Coach.

7. Nature of the Coaching Relationship

Coaches are qualified fitness professionals engaged by Pulse Coaching as independent contractors holding relevant degrees and certifications in exercise science, biokinetics, sport science or related disciplines. The following limitations apply:

Coaches are not medical doctors, physiotherapists, registered dietitians or licensed mental health professionals. Nothing communicated by a Coach constitutes medical advice, diagnosis or treatment.
Exercise programming is based on the fitness information you provide. It is your responsibility to provide accurate and complete health information.
If you have any medical condition, injury, disability or are pregnant, you must consult a qualified medical professional before commencing any exercise programme and must inform your Coach.
Pulse Coaching does not guarantee any specific fitness outcomes, weight loss, performance improvements or other results.
Pulse Coaching maintains appropriate professional indemnity insurance for coaching services delivered through the Platform.

8. Health and Safety

Physical exercise carries inherent risks, including musculoskeletal injury, cardiovascular events and exacerbation of pre-existing conditions.
You participate voluntarily and assume responsibility for your own health and safety during Sessions and Classes.
You will stop exercising and seek medical attention immediately if you experience chest pain, dizziness, shortness of breath or any other concerning symptom.
Session notes provided by Coaches are coaching notes, not medical records.
The Platform does not provide emergency medical services. In any medical emergency, contact your local emergency services immediately.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation, or any other liability that cannot lawfully be limited or excluded under the laws of your country of residence.

9. User Content

You retain ownership of any intellectual property rights in User Content you create and upload to the Platform. By submitting User Content, you grant Pulse Coaching a worldwide, non-exclusive, royalty-free, sublicensable to our sub-processors and successors-in-title licence to store, process, display, reproduce and distribute your User Content solely for the purposes of operating and providing the Platform, including community feeds, message threads and session history.

This licence does not permit Pulse Coaching to use your User Content for advertising, promotional or commercial purposes outside the Platform without your express consent. Anonymised, aggregated or de-identified data derived from User Content may be used by Pulse Coaching without restriction for service improvement, benchmarking, research and product development.

You represent and warrant that you own or have the necessary rights to submit the User Content; it does not infringe any third-party rights; and it complies with Section 12. We reserve the right to remove User Content that violates these Terms or is otherwise objectionable, without notice.

10. Content Creation Refund Programme

From time to time we may offer a promotional programme under which Members who create and publish content about their Pulse Coaching experience may be eligible for a partial or full refund of their subscription fee (“Refund Programme”). All material terms of any active Refund Programme are published on the Platform.

Eligibility: you must hold an active paid Subscription at the time of making a claim.
Content must be original, authentic, tag the official Pulse Coaching account and use any required hashtags. Sponsored or artificially boosted content is not eligible.
Views must be genuine organic views achieved within 30 days of original publication.
One claim per Member per calendar month.
Approved refunds will be processed within 14 business days of claim approval.
Participation constitutes a material connection that must be disclosed in any content, in compliance with the FTC Endorsement Guides, UK CAP Code rule 2.4, EU UCPD, ACCC guidance and the Competition Bureau of Canada’s Deceptive Marketing Practices Digest.

11. Corporate Accounts and Data Processing

11.1 Corporate Account Terms

The entity purchasing the Corporate Account (“Account Holder”) accepts these Terms on behalf of all Authorised Users.
Aggregate and anonymised participation data will be provided to the Account Holder’s designated administrator. Individual health data, session notes and personal communications will not be disclosed to the Account Holder without the express consent of the relevant Authorised User.
The Account Holder must promptly notify us when an Authorised User’s access should be revoked.
Corporate Account billing is monthly based on the number of seats purchased.

11.2 Data on Corporate Account Termination

The Account Holder may request a data export of aggregate, anonymised participation data within 30 days of termination. Authorised User accounts will be converted to individual accounts or deleted in accordance with each Authorised User’s preference. All Corporate Account data remaining will be deleted or irreversibly anonymised within 60 days of termination.

11.3 Data Processing Addendum

Where Pulse Coaching processes personal data of Authorised Users on behalf of a Corporate Account Holder, the parties acknowledge that Pulse Coaching acts as a data processor. The parties agree to enter into a separate Data Processing Addendum (“DPA”) before activation of the Corporate Account. Corporate customers may request the standard DPA by emailing aaron@pulse-coaching.com.

12. Prohibited Conduct

You agree not to:

Use the Platform for any unlawful purpose or in violation of any applicable law.
Impersonate any person or entity or misrepresent your affiliation.
Transmit any content that is defamatory, obscene, abusive, harassing, discriminatory or otherwise objectionable.
Attempt to gain unauthorised access to any part of the Platform, our systems, or other users’ accounts.
Use automated tools, bots, scrapers or other means to extract data from the Platform.
Interfere with or disrupt the integrity or performance of the Platform.
Reproduce, distribute, modify or commercially exploit any Platform Content without our prior written consent.
Share your account credentials or allow access by ineligible persons.
Submit false or misleading information, including false health data.
Use the Platform, the Content, or any methodology, exercise programme, framework, template or coaching system to develop a competing service, or to train any machine-learning model or AI system, without our prior written consent.
Remove, obscure or alter any proprietary notice.

13. Intellectual Property

13.1 Ownership

All right, title and interest in and to the Platform and its Content — including software, source code, APIs, the user interface, visual design, exercise programmes, coaching frameworks, programming templates, assessment tools, coaching notes templates and methodologies, all trade marks including “Pulse Coaching”, and all databases — are and shall remain the exclusive property of Pulse Coaching or its licensors.

13.2 Limited Licence to You

Subject to your continued compliance with these Terms and payment of all applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform and Content solely for your own personal, non-commercial fitness and wellness purposes for the duration of your active Subscription.

13.3 Trade Marks

“Pulse Coaching”, the Pulse Coaching logo and any other Pulse Coaching marks are trade marks of TEST 1000 Inc. You may not use any Pulse Coaching trade mark without our prior written consent, except for nominative fair-use references.

13.4 Coaching Methodology and Content

The exercise programmes, periodisation frameworks, progression schemes, assessment protocols, coaching conversation structures and check-in templates are the proprietary product of substantial investment by Pulse Coaching and constitute confidential information. You may use them solely for your own personal training during your Subscription.

13.5 Feedback

If you provide us with any Feedback, you assign to Pulse Coaching all right, title and interest in and to that Feedback, and we may use it for any purpose, perpetually, irrevocably, worldwide and royalty-free.

13.6 Reservation of Rights

All rights not expressly granted to you in these Terms are reserved to Pulse Coaching and its licensors.

14. Disclaimers

To the maximum extent permitted by applicable law, and subject to all consumer-protection rights that may not lawfully be excluded (including the implied terms under UK Consumer Rights Act 2015 sections 49–52, the consumer guarantees under Australian Consumer Law sections 60–64, and the implied terms under EU consumer protection law), the Platform is provided “as is” and “as available”. We disclaim all implied warranties of merchantability, fitness for a particular purpose and non-infringement to the extent permitted by law.

We do not warrant that the Platform will be uninterrupted, error-free or free from harmful components. Scheduled maintenance and circumstances beyond our reasonable control may cause temporary unavailability.

15. Limitation of Liability

To the maximum extent permitted by applicable law, and subject to Sections 16–18 and Section 8 (Health and Safety), our total aggregate liability to you in connection with these Terms shall not exceed the greater of: (a) the total fees paid by you in the 12-month period preceding the event giving rise to the claim, or (b) USD 100.

We shall not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, loss of data, loss of goodwill or personal injury arising out of or related to your use of the Platform.

Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any non-excludable liability under the consumer-protection laws of your country of residence; or (d) any other liability that cannot be excluded or limited under applicable law.

16. Rights of UK Consumers

Nothing in these Terms affects the statutory rights of consumers in the United Kingdom. The Consumer Rights Act 2015 implies terms that services will be provided with reasonable care and skill and within a reasonable time. UK consumers may have rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, including in certain circumstances a 14-day cancellation right. If there is any conflict between these Terms and your statutory rights as a UK consumer, your statutory rights prevail.

17. Rights of EU and Irish Consumers

EU Directive 2011/83/EU may give you a 14-day cooling-off right in respect of a distance contract for services. By requesting that we begin providing services immediately, you expressly consent to commencement of performance.
The EU Unfair Contract Terms Directive 93/13/EEC requires that contractual terms be fair, plainly drafted and transparent.
EU Regulation 593/2008 (Rome I) Article 6 entitles you to the protection of mandatory provisions of the law of your country of habitual residence.
You may bring proceedings in the courts of your country of habitual residence under EU Regulation 1215/2012 (Brussels Ia) Article 18.
The EU Online Dispute Resolution platform is available at https://ec.europa.eu/consumers/odr/.

18. Rights of Consumers in Other Target Markets and Outside Target Markets

18.1 Australia

The Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) gives you certain rights that cannot be excluded. Our services come with consumer guarantees including due care and skill, fitness for any specified purpose, and supply within a reasonable time (sections 60–62). The limitation in Section 15 does not apply to liability for breach of those consumer guarantees, except to the extent permitted by section 64A. You may lodge a complaint with the ACCC (www.accc.gov.au).

18.2 Canada

You have rights under the federal Competition Act and PIPEDA, and under the consumer-protection statutes of your province of residence (including the Consumer Protection Act 2002 (Ontario), the Loi sur la protection du consommateur (Quebec) and the Business Practices and Consumer Protection Act (BC)). Quebec residents additionally have rights under Quebec Law 25.

18.3 United States

You may have rights under federal and state law that cannot be excluded. The state-specific provisions in Section 5.3 apply if you are a California resident or a resident of any other state with applicable automatic-renewal legislation.

18.4 Other Jurisdictions (including South Africa) — Fallback

Where the law of your country of residence confers rights on you that cannot lawfully be excluded by agreement, those rights are not affected by these Terms. South African users: the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002 and POPIA may apply on the basis of their territorial reach. Complaints to the South African Information Regulator: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001; complaints.IR@inforegulator.org.za; https://inforegulator.org.za.

19. Governing Law and Dispute Resolution

UK consumers: governed by the laws of England and Wales (or Scotland or Northern Ireland by residence).
EU consumers (including Irish): governed by the laws of your country of residence to the extent required by Rome I Article 6, and otherwise by the laws of Ireland.
Australian consumers: governed by the laws of New South Wales, without prejudice to any non-excludable rights under the Australian Consumer Law.
Canadian consumers: governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
All other users: governed by the laws of the State of Delaware, USA, subject always to any non-excludable rights conferred by the law of your country of residence.

We encourage you to contact us first to resolve any concern informally by emailing aaron@pulse-coaching.com. We will endeavour to resolve your concern within 14 days.

US users: Any dispute, other than claims for emergency injunctive relief, shall be resolved by binding arbitration administered by the AAA under its Consumer Arbitration Rules on an individual basis; you waive any right to participate in any class action. Nothing in this section prevents you from bringing individual claims in court where permitted by applicable law.

UK, EU/Irish, Australian, Canadian and non-Target-Market consumers retain all rights to bring proceedings in their local courts under applicable consumer-protection law. The EU ODR platform is available at https://ec.europa.eu/consumers/odr/.

20. Indemnity

Subject to the next paragraph, you agree to indemnify and hold harmless Pulse Coaching from any third-party claims arising directly from: (a) your breach of these Terms; (b) your violation of any applicable law; (c) infringement by your User Content of any third party’s rights; or (d) materially false or inaccurate information provided by you, including materially false health information.

Limits on indemnity. This indemnity does not require you to indemnify Pulse Coaching against any claim arising from our own negligent or wrongful conduct. The total amount recoverable from you will not exceed the limit specified in Section 15. To the extent the law of your country of residence prohibits or limits consumer indemnities, this Section 20 applies only to the extent permitted by that law.

21. Force Majeure

Neither party shall be in breach of these Terms or liable for any failure or delay in performance to the extent that such failure or delay arises from causes beyond that party’s reasonable control, including acts of God, fire, flood, pandemic, epidemic, government action, civil disturbance, war, labour disputes, failure of third-party infrastructure (including Google Workspace, Google Meet, Stripe or other third-party services), internet service disruption, or cyberattack.

22. Changes to These Terms

We may modify these Terms from time to time. For material changes, we will provide at least 30 days’ notice by email and by prominent notice on the Platform before the changes take effect. If you do not accept the revised Terms, you may cancel your Subscription with effect from the effective date and we will refund any pre-paid fees in respect of periods after that date.

23. Termination

We may suspend or terminate your account immediately, without prior notice, if we reasonably believe you have materially breached these Terms. Upon termination, your right to use the Platform ceases; we will handle your data in accordance with our Privacy Policy; and you remain liable for any fees accrued prior to termination. You may close your account at any time through your account settings or by emailing aaron@pulse-coaching.com.

24. General

These Terms and our Privacy Policy constitute the entire agreement between you and Pulse Coaching regarding the Platform and supersede all prior agreements. If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions continue in full force. Our failure to enforce any right or provision does not constitute a waiver.

Notices to Pulse Coaching must be sent in writing to aaron@pulse-coaching.com. Notices to you will be sent to the email address associated with your account or by prominent notice on the Platform.

25. Contact Us

Pulse Coaching (TEST 1000 Inc.)
16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex
Principal place of business: 4615 Briar Oaks, Dallas, Texas, 75287
Email: aaron@pulse-coaching.com
Website: https://www.pulse-coaching.com