Terms of Service

Last updated: June 28, 2026. Governing law: Illinois.

These Terms of Service ("Terms") govern your use of HyperPulse websites, hardware, mobile applications, pilot programs, subscriptions, waitlists, and related services (collectively, "HyperPulse"). By purchasing, reserving, activating, testing, or using HyperPulse, you agree to these Terms.

1. Eligibility, Parent Authority, and Consent

HyperPulse accounts must be created and managed by a person who is at least 18 years old. If HyperPulse is used with a minor athlete, the account holder must be the athlete's parent or legal guardian, or must have documented authority from the parent or legal guardian.

For athletes under 13, verifiable parental consent is required before child-related personal information is collected, used, or disclosed. By creating an account for a minor, you represent that you have authority to accept these Terms, the Privacy Policy, the COPPA Notice, and the Parent Consent and Sensor Use Acknowledgment.

2. Product Status and Estimated Data

Unless a page expressly says otherwise, HyperPulse hardware and software may be prototype, pilot, pre-launch, beta, or early-access technology. Features, firmware, metrics, subscriptions, pricing, packaging, and availability may change.

All performance metrics are estimates. Data quality may vary based on sensor placement, fit, firmware, battery state, wireless conditions, athlete movement, phone proximity, sport type, and software processing. HyperPulse is not equivalent to GPS, certified timing systems, official scoring systems, medical equipment, or professional athlete-tracking systems.

3. Not Medical, Not Safety, No Clinical Reliance

HyperPulse is not intended to diagnose, treat, cure, mitigate, monitor, or prevent any disease, injury, illness, concussion, cardiac event, heat illness, dehydration, or other medical condition.

Nothing generated by HyperPulse, including dashboards, exports, alerts, scores, metrics, trends, summaries, or notifications, is medical advice, clinical guidance, emergency monitoring, play-resumption decision guidance, or a recommendation to start, continue, pause, or stop athletic activity.

Always follow emergency action plans, concussion protocols, athletic trainer instructions, physician instructions, school policies, team rules, league rules, and official decisions regardless of anything shown in HyperPulse.

4. Sports Risk and Competition Use

Sports and athletic activity involve inherent risks, including falls, collisions, contact, overexertion, dehydration, heat exposure, surface hazards, equipment issues, and other known or unknown risks. These risks exist whether or not an athlete wears HyperPulse.

You are responsible for confirming that HyperPulse may be used in any practice, event, competition, school, league, governing body, facility, or sport. Officials and governing bodies may disallow any equipment they consider unsafe or impermissible. HyperPulse does not guarantee approval for any sport, event, school, league, state association, or jurisdiction.

5. Device Fit, Inspection, Battery, and Charging

Before each use, inspect the sensor, enclosure, lid, screws, tape, battery, wire, connector, and charging equipment. Do not use HyperPulse if any part appears damaged, loose, sharp, cracked, swollen, hot, wet, miswired, punctured, or unsafe.

Stop use immediately if the athlete experiences discomfort, irritation, rash, itching, pain, heat, pressure, pinching, distraction, or if the sensor moves or becomes loose. Use only approved batteries, chargers, cables, and handling instructions. Do not charge while worn by an athlete or unattended.

6. Acceptable Use

You agree not to:

• Use HyperPulse to collect data about any person without appropriate consent.
• Use HyperPulse data as the sole basis for medical, emergency, injury, concussion, heat illness, play-resumption, official scoring, officiating, eligibility, funding, college-placement, disciplinary, or other high-stakes decisions.
• Reverse-engineer, modify, tamper with, resell, or misrepresent HyperPulse hardware or software.
• Use HyperPulse in violation of any law, school policy, team rule, athletic association rule, app store rule, or event rule.
• Upload, share, or publish athlete data unless you have authority to do so.

7. Purchases, Subscriptions, and Warranty

Hardware, subscription, pilot, and early-access pricing may change before commercial launch. Any preorder, reservation, waitlist, pilot, or early-access offer is subject to availability, validation, legal review, and final product readiness.

Unless different written warranty terms are provided at purchase, commercial HyperPulse hardware is covered by a limited warranty against defects in materials and workmanship for 90 days from delivery. The remedy is repair or replacement at our option. The warranty does not cover misuse, impact damage, unauthorized modification, battery mishandling, consumable tape, normal wear, or use outside instructions.

8. Disclaimers and Limitation of Liability

Except for any written limited warranty, HyperPulse is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, uninterrupted service, non-infringement, or availability of data.

To the maximum extent permitted by law, HyperPulse and its owners, officers, employees, contractors, suppliers, and service providers are not liable for injury, death, medical outcomes, athletic outcomes, lost data, lost profits, lost opportunities, indirect damages, incidental damages, consequential damages, or decisions made from HyperPulse data.

To the maximum extent permitted by law, our total liability for any claim is limited to the amount you paid for HyperPulse hardware and subscriptions in the 12 months preceding the claim.

9. Privacy and Data

Your use of HyperPulse is governed by our Privacy Policy, COPPA Notice, and, where applicable, Illinois Biometric Information Policy. We do not sell athlete data.

10. Illinois Law and Changes

These Terms are governed by Illinois law, except where preempted by federal law. We may update these Terms as the product, legal requirements, hardware, firmware, or services evolve. Material changes will be posted on this page and, where appropriate, communicated to registered users.