BeatWatch Terms of Service

1. Agreement

These Terms are a contract between you and Stephen Lucas, an individual doing business as BeatWatch ("BeatWatch", "we", "us"). By creating an account or using the BeatWatch app you accept them. If you do not accept them, do not use BeatWatch.

Our Privacy Policy explains what we collect and is part of these Terms.

2. Eligibility

You must be at least 18 years old to use BeatWatch, and able to enter a binding contract. BeatWatch is not intended for anyone under 18, and we do not knowingly allow under-18s to create an account.

Why 18: most of the festivals and events BeatWatch serves are themselves 18+, and setting the same floor means we do not collect health or location data from minors at all.

3. Your account

You are responsible for your account and for keeping your password secure. Tell us promptly at support@beatwatch.app if you think someone else is using it. Provide accurate information — your display name is shown to your crew.

4. What BeatWatch does

BeatWatch lets you form a "crew" for an event and, within that crew: share your live location on a compass, share your heart rate with one person who accepts a pairing, message each other, post activity and check-ins, raise an SOS to your crew, and keep an event map and set times.

5. Crews

• Anyone can create a crew and invite others with an invite code.
• Content you post to a crew is visible to that crew's members.
• You may leave a crew at any time.
• ⭐ If the person who created a crew deletes their BeatWatch account, the crew survives. It passes to the remaining members and keeps working — the creator's name is simply removed. We built it this way so one person leaving cannot destroy an event other people are still using.
• We may remove a crew or content that violates §8.

6. ⚠️ Safety, health and emergencies — read this section

These are the most important terms in this document.

6.1 BeatWatch is NOT an emergency service

The SOS feature sends an alert to the members of your crew. It does not contact the police, paramedics, event security, a medical tent or any emergency service, and no one at BeatWatch monitors it.

In an emergency, call your local emergency number (911 in the United States and Puerto Rico).

Never rely on BeatWatch as your only way to get help. Alerts depend on your phone, your battery, network coverage, notification permissions and whether your crew is looking at their phones — all of which fail routinely at festivals.

6.2 Location sharing is not a safety guarantee

Location can be stale, inaccurate, blocked by permissions, or unavailable in a crowd or indoors. The compass points at the last position we received, which may not be where the person is now. Do not use it as the sole means of finding someone in a dangerous situation.

6.3 BeatWatch is a wellness app, not a medical device

Heart rate and any other health information shown in BeatWatch are provided for general wellness and interest only. BeatWatch:

• is not a medical device and is not intended to diagnose, treat, cure, monitor or prevent any disease or condition;
• does not provide medical advice, and displays readings without interpreting them;
• does not alert you or anyone else to an abnormal reading, and must not be relied on to do so.

Never disregard professional medical advice or delay seeking it because of something you saw in BeatWatch. If you feel unwell, seek help — do not consult an app.

6.4 You are responsible for your own safety

You decide who is in your crew and what you share with them. Share your location and heart rate only with people you trust.

7. Your content

You keep ownership of what you create — your messages, photos, notes and profile.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce and display your content solely to operate and provide BeatWatch to you and the crews you share it with. This licence exists so we can run the service, and for nothing else — we do not use your content to advertise, to train models, or for any purpose beyond delivering the features you use. The licence ends when you delete the content or your account, except for copies in routine backups.

You are responsible for what you post, and you confirm you have the right to post it.

8. Acceptable use

Do not use BeatWatch to:

• harass, threaten, stalk, impersonate or endanger anyone;
• track or monitor a person without their knowledge and consent;
• share someone else's private information;
• post unlawful, hateful, or sexually exploitative content;
• raise a false SOS;
• break into, disrupt, scrape, reverse-engineer or overload the service;
• sell or commercially exploit access to BeatWatch.

We may suspend or terminate accounts that break these rules.

9. Paid features, subscriptions and virtual items

BeatWatch is currently free. We expect to introduce paid features, including a paid membership and in-app purchases. When we do, the following applies.

9.1 Purchases go through Apple

All purchases are processed by Apple through the App Store, under Apple's terms and your Apple Account payment method. We never see your card details.

9.2 Subscriptions renew automatically

Any paid membership will be an auto-renewing subscription unless we clearly say otherwise. It renews for the same period at the then-current price until you cancel. Cancel at least 24 hours before the period ends, in iOS Settings → your name → Subscriptions — deleting the app does not cancel a subscription. The price, period and what is included will be shown before you buy.

9.3 Price and content changes

We may change prices and what a paid tier includes. Changes apply from your next renewal, and where required we will give you notice and the chance to cancel first.

9.4 Virtual items and digital content

Some purchases may be for digital items inside BeatWatch (for example customisations of your in-app character). These are a limited, personal, non-transferable licence to use the item inside BeatWatch — you do not own them, they have no cash value, they cannot be sold, transferred or exchanged for money, and they may be changed or discontinued. If your account is deleted or terminated, any digital items are lost and are not refunded.

9.5 Refunds

Refunds are handled by Apple under its policies. We generally cannot issue refunds ourselves. Where a law gives you a statutory right to cancel or a refund, that right stands.

9.6 Free trials

If we offer a trial, it converts to a paid subscription at the end unless you cancel before it ends.

10. Deleting your account, and termination

You may delete your account at any time in Settings → Delete Account. Deletion is permanent and we cannot recover the account. Read §9 of the Privacy Policy before you confirm — in particular, your messages are removed from crew threads and other members will see them disappear, while crews you created survive for the remaining members.

We may suspend or terminate your access if you break these Terms, or if we need to for legal or safety reasons. We may stop offering BeatWatch, in whole or in part, with reasonable notice where practical.

11. Changes to the service and to these Terms

We may change BeatWatch and these Terms. If a change is material we will update the date above and, where significant, tell you in the app. Continuing to use BeatWatch after a change means you accept it. If you do not accept it, stop using BeatWatch and delete your account.

12. Disclaimers and limitation of liability

BeatWatch is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that it will be uninterrupted, timely, secure or error-free, or that location, heart-rate or message delivery will be accurate or prompt.

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, or personal injury arising from your use of BeatWatch — including any failure of an alert, notification, SOS or location to be delivered, or any reliance on health information shown in the app.

Our total liability for any claim relating to BeatWatch is limited to the greater of the amount you paid us in the 12 months before the claim or US$50.

Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you. Nothing in these Terms excludes liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be excluded.

13. Governing law and disputes

These Terms are governed by the laws of the Commonwealth of Puerto Rico and applicable United States federal law, without regard to conflict-of-laws rules. You and we agree to the exclusive jurisdiction of the courts located in San Juan, Puerto Rico, except that either of us may seek injunctive relief anywhere.

If you are a consumer resident elsewhere, you keep the benefit of any mandatory consumer protections of your home jurisdiction.

14. Assignment — how these Terms carry over to the new company

You may not transfer your rights under these Terms.

We may. We may assign these Terms and transfer the service, its data and its intellectual property to an affiliate or successor, including a company we form for this purpose — in particular the Puerto Rico corporation currently being formed — or in any merger, acquisition or sale of assets. On that transfer the new entity becomes "BeatWatch" for the purposes of these Terms and assumes them in full, and we will update the entity named in §1 with a new effective date. Your account, your content and your rights continue unchanged.

15. Miscellaneous

These Terms, with the Privacy Policy, are the entire agreement between us about BeatWatch. If any provision is unenforceable, the rest stands. Our not enforcing a provision is not a waiver of it.

Apple. These Terms are between you and us, not Apple. Apple is not responsible for BeatWatch or for supporting it. Apple is a third-party beneficiary of these Terms and may enforce them against you.

16. Contact

support@beatwatch.app · 151 Calle San Francisco, Suite 200, San Juan, PR 00901