Terms of Service

Last updated: May 24, 2026. Effective: January 1, 2026.

These Terms of Service ("Terms") govern your use of HyperPulse hardware, software, websites, mobile applications, subscriptions, waitlist, pilot programs, 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 18 years of age or older. 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 any child-related personal information is collected, used, or disclosed. By creating an account for a minor, you represent that you have authority to consent to these Terms, the Privacy Policy, the COPPA Notice, and the Parent Consent and Sensor Use Acknowledgment.

2. Product Status and Estimated Performance Data

HyperPulse is pre-launch hardware and software unless expressly stated otherwise. Prototype, beta, pilot, and early-access units may change, fail, produce incomplete data, or differ from future production units.

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, return-to-play guidance, or a recommendation to start, continue, pause, or stop athletic activity.

Always follow applicable 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 Athlete Responsibility

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.

HyperPulse does not prevent, reduce, detect, predict, or warn against injury. You are responsible for determining whether the athlete should participate in any activity and for obtaining medical advice where appropriate.

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, unattended, inside athletic gear, near flammable material, or if any abnormal heat, odor, smoke, swelling, or discoloration occurs.

6. League, School, and Competition Approval

HyperPulse is designed as a data-out athletic performance wearable, but rules vary by sport, state association, league, school, event, and official. You are responsible for confirming that use is permitted before competition or organized activity.

Contact, collision, and sanctioned sports require extra caution and may require explicit approval. Officials and governing bodies may disallow any equipment they believe is unsafe or impermissible. HyperPulse does not guarantee permission in any sport, league, event, school, or jurisdiction.

7. 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, return-to-play, official scoring, officiating, eligibility, scholarship, recruiting, 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.

8. Hardware Purchase, Subscription, 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.

90-Day Limited Warranty: HyperPulse warrants commercial hardware products against defects in materials and workmanship for 90 days from delivery. Our sole obligation is, at our option, repair or replacement. The warranty does not cover misuse, impact damage, water damage beyond stated specifications, battery mishandling, unauthorized modification, consumable tape, normal wear, or use outside instructions.

9. Disclaimers and Limitation of Liability

Except for the limited hardware 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, Deer Track Design LLC, and their 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.

10. Arbitration, Class Waiver, and Governing Law

Any dispute arising from these Terms or HyperPulse will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except for claims that qualify for small claims court. You waive the right to participate in a class action or class-wide arbitration to the maximum extent permitted by law.

These Terms are governed by Illinois law, except where preempted by federal law.

11. Privacy and Data

Your use of HyperPulse is governed by our Privacy Policy and COPPA Notice. We do not sell athlete data. Parent-controlled sharing features should be used only by an authorized parent, guardian, coach, school, or team representative with proper authority.

12. Changes

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.