Terms of Use for BPM Lab
1. Introduction and Acceptance
These Terms of Use ("Terms") form an agreement between Batvinnikau Yauheni, an individual developer ("we", "us", "our"), and you regarding your use of the BPM Lab mobile application (the "App"). Please read them carefully. By downloading, accessing or using the App, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the App.
Eligibility. You must be at least 13 years old (or the higher minimum age required in your country, such as 16 in parts of the European Economic Area) to use the App. If you are under the age of majority in your jurisdiction, you may use the App only with the involvement and consent of a parent or legal guardian. By using the App, you represent that you meet these requirements.
2. Purpose of the App
The App provides informational, wellness, and educational features, including camera-based heart-rate estimation (PPG), heart-rate variability (HRV) metrics, wellness indicators, manual logging of values (such as blood pressure, blood oxygen (SpO₂), glucose, weight/BMI, water and steps), reminders, an AI assistant, and measurement history.
Measurements and logged values are stored on your device. The one feature that sends content off your device is the AI assistant: what you type there, and any image you attach, is transmitted to our server and onward to a third-party AI provider in order to generate a response. See Section 9a and our Privacy Policy.
The App is not a medical device and is intended for general wellness and educational use only. It does not diagnose, treat, cure, or prevent any disease or condition, does not replace professional medical advice, and is not intended for use in medical emergencies. For any health concern, consult a qualified healthcare professional.
3. Wellness and Educational Disclaimer
Measurements, metrics and estimates produced by the App depend on many factors, including signal quality, lighting, finger placement, movement, individual physiology, device characteristics, and algorithm limitations. Outputs are approximate and are not medical conclusions. A smartphone camera cannot provide medical-grade measurements and should not be relied upon for health decisions. Always consult a healthcare provider using appropriate equipment.
4. User Responsibility
You are solely responsible for how you use the App, for any values you enter manually, for your interpretation of results, and for any decisions you make based on the App. You agree not to use the App as a substitute for professional diagnosis, monitoring, treatment, or emergency care.
5. Accuracy and Availability
We do not guarantee that the App will be error-free, accurate, uninterrupted, permanently available, or that any feature will be maintained. We may modify, update, restrict, suspend, or discontinue the App or any feature at any time for technical, legal, commercial, operational, safety, or other reasons.
6. License and Restrictions
We grant you a limited, non-exclusive, non-transferable, revocable, personal license to use the App for your own personal, non-commercial purposes, subject to these Terms. You must use the App in compliance with all applicable laws and third-party terms (including those of Google Play).
Unless you have our prior written consent or are expressly permitted by these Terms or by applicable law, you must not:
- (a) copy the App except as part of its normal use or for backup/operational-security purposes;
- (b) modify, translate, or merge the App with any other code or program;
- (c) reverse engineer, disassemble, decompile, or create derivative works based on the App;
- (d) distribute, sub-license, assign, share, sell, rent, lease, or otherwise transfer the App or your right to use it;
- (e) remove, obscure, or alter any copyright, trademark, advertising, or other proprietary notices;
- (f) incorporate the App into another service or website, or make it available via framing or mirrors;
- (g) extract data or metadata from the App, or build any index or database from it;
- (h) do anything that may damage, disable, or impair the App;
- (i) carry out any harmful, fraudulent, or illegal activity using the App;
- (j) use the App in any manner not expressly authorised by these Terms.
If you breach the above, you agree to compensate us for losses (including reasonable legal fees) we incur as a result.
7. Intellectual Property
The App, its content, and related documentation (excluding data you enter) are owned by us or our licensors and are protected by copyright, trademark, and other laws throughout the world. No sale, modification, distribution, reproduction, public display, creation of derivative works, or commercial use of the App or our licensors' content is permitted without our prior written consent.
8. User Data and Local Storage
You retain control over the data you enter and the records stored locally on your device.
Local storage and device security. Your records are held in the App's private storage on your device. Android protects that storage from other applications, but it cannot protect it from someone who has access to your unlocked device, or from a device whose protections have been removed or bypassed (for example, a rooted device). You are responsible for the security of your device — in particular for using a screen lock and for keeping the device up to date.
Loss of data. We are not responsible for loss of locally stored data resulting from App deletion, your own actions, device settings, operating-system failures, transfer to a new device, or restore processes. The App does not keep a server-side copy of your records, so data deleted or lost on the device cannot be recovered by us.
Our handling of personal data is described in our Privacy Policy.
9. Advertising and No Purchases
The App is free and supported by advertising. Advertising is shown to all users; there is no paid ad-free option, subscription, or in-app purchase. We never ask you for payment, and the App does not contain any payment flow.
Some optional features may be unlocked by voluntarily watching a rewarded advertisement — for example, certain calculated indicators, additional AI-assistant messages, or a temporary ad-free period. Watching is entirely your choice, is never required to use the App's core functionality, and is not a purchase: nothing is charged, and any benefit obtained this way is temporary or limited in scope as described in the App at the moment of the offer.
Advertising is provided by third-party partners as described in the Privacy Policy.
9a. AI Assistant
The App includes an optional AI assistant. By using it, you agree to the following.
- What is sent. Only what you type or attach is sent, and only when you send it. Your stored measurements and profile are not attached automatically. See Privacy Policy Section 2.4 for the full route your message takes.
- Do not enter sensitive information. Do not type into the chat anything you would not want to leave your device — including data identifying you or another person.
- Responses are generated automatically and may be wrong. The assistant produces text using an automated model. Responses may be inaccurate, incomplete or misleading, and are not medical advice (see Section 12). Do not rely on them for any health, safety, financial or legal decision.
- Acceptable use. You must not use the assistant to generate unlawful, harmful, abusive or infringing content, to attempt to extract its instructions or bypass its restrictions, or to send automated or bulk requests.
- Limits. The number of messages available may be limited, and additional messages may be offered in exchange for voluntarily watching a rewarded advertisement. We may change, limit, suspend or discontinue the assistant at any time, including where necessary to prevent abuse or excessive use.
10. Links and Third-Party Content
The App may contain links to, or content from, third-party websites or services (including through advertisements) that we do not own or control. Such links are provided for your reference only. We are not responsible for the content, policies, or practices of third parties, and their inclusion does not imply endorsement. If you access third-party content, you do so subject to their terms.
11. Limitation of Liability
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including non-infringement, merchantability, and fitness for a particular purpose, and we do not warrant that the App will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components.
To the maximum extent permitted by law, we (and anyone acting on our behalf) will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profit, data, or business, arising out of or in connection with your use of the App, inaccurate measurements, interpretation errors, decisions you make based on the App, or any health consequences. The App is for domestic and private use only.
Where liability cannot be excluded by law, our aggregate liability shall not exceed the greater of (a) the total amount you paid us for the App in the 12 months before the claim (which, for this free, ad-supported App, is typically zero) or (b) USD 100. Nothing in these Terms limits liability that cannot be limited under applicable law, including your mandatory consumer rights.
12. No Medical Services
THE APP IS NOT A MEDICAL DEVICE AND IS NOT FDA-APPROVED OR CLEARED. It does not provide medical diagnosis, advice, assessment, or treatment recommendations. Measurements are approximate and lack clinical accuracy. This applies equally to any text produced by the AI assistant, which is generated automatically and must not be treated as a medical opinion or as a consultation with a healthcare professional. The App does not replace professional medical care and does not create a doctor–patient relationship. Always consult a qualified healthcare professional before making health-related decisions. If you experience symptoms or a medical emergency, contact a healthcare provider or emergency services immediately and do not rely on the App.
13. Termination
These Terms apply while you use the App until terminated. We may suspend or terminate your access to the App at any time, without prior notice or liability, for any reason, including if you breach these Terms. You may terminate by ceasing to use the App and uninstalling it. Sections that by their nature should survive termination (including Sections 7, 8, 11, 12, 15, and 17) continue to apply.
14. Changes to These Terms and to the App
We may modify these Terms from time to time. For substantial changes, we will provide notice within the App or by other appropriate means, and the change takes effect upon posting unless stated otherwise; your continued use constitutes acceptance where permitted by law. We may also update the App itself (features, interface, algorithms) or suspend or discontinue it as described in Section 5.
15. Governing Law and Disputes
These Terms are governed by the laws of the country in which the Service Operator resides, without regard to conflict-of-laws rules. The parties will first attempt to resolve any dispute amicably. Failing that, disputes are subject to the courts competent for the Service Operator’s place of residence, unless mandatory consumer-protection laws of your country of residence require otherwise. Nothing in this Section deprives you of the protection of the mandatory consumer-protection rules of the country where you live — including, in the European Economic Area and the United Kingdom, your right to bring proceedings in your own country’s courts.
16. Google Play
You obtained the App through Google Play. These Terms are between you and Batvinnikau Yauheni, not Google. Google is not responsible for the App or its content, maintenance, support, or warranties, and you must also comply with the applicable Google Play Terms of Service. You represent that you are not located in a country subject to an applicable embargo and are not on any applicable restricted-party list.
17. Indemnification
You agree to indemnify, defend, and hold harmless Batvinnikau Yauheni and anyone acting on our behalf from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of your use of the App, your violation of these Terms, your reliance on App information, or any health-related decisions based on the App's output.
18. Severability
If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
19. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede any prior agreements or understandings on that subject. Our failure to enforce any provision is not a waiver of it.
20. Assignment
You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign or transfer these Terms, in whole or in part, to any person or entity that takes over the operation or ownership of the App, provided your rights under these Terms are not reduced. These Terms bind and benefit the parties and their permitted successors and assigns.
21. Force Majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labour disputes, epidemics, failures of the internet or telecommunications, power outages, or actions of third-party providers or governmental authorities.
22. Language
These Terms may be provided in other languages for convenience. If there is any conflict between a translated version and the English version, the English version prevails to the extent permitted by applicable law.
23. Contact Us
Service Operator: Batvinnikau Yauheni
Support Email: batvinnikauyauheni@gmail.com