1. Who we are and how to contact us
The Service is operated by Tsupylo Vitalii, an individual (natural person) established in Spain and acting as a self-employed developer. This section provides the identification required by Spanish Law 34/2002 on Information Society Services (LSSI-CE). Country of establishment: Spain. E-mail: [email protected]. Website: kinpulse.app. Postal address: Av. Octavio Paz, 12, 264D, 29190 Málaga. We communicate in English, Ukrainian and Spanish.
The Service is distributed through the Apple App Store and Google Play under the developer name Tsupylo Vitalii. Apple and Google are the seller of record for in-app purchases made in their Stores, but they are not parties to these Terms of Use and are not responsible for the Service, except as described in the section “App stores and third-party services”. Prices for any paid plan are shown in the Store in your currency, including VAT where applicable. We do not adhere to any code of conduct. The contract may be concluded in English, Spanish or Ukrainian; the version of these Terms you accepted is stored by us and remains available at kinpulse.app together with its effective date and version number, so that you can save or print it.
2. Definitions
In these Terms the following words have the meaning given below.
- “App” means the KinPulse mobile application for iOS and Android (bundle identifier com.kinpulse.app) and any update to it.
- “Website” means kinpulse.app and its sub-pages.
- “Account” means the personal account you create to use the App.
- “Care Recipient” means a person (including yourself) whose care information is recorded in the App.
- “Family Space” means a shared space in the App to which a limited number of Accounts (shown in the App) may belong, with the roles of owner, caregiver and viewer.
- “Care Data” means medications, measurements, symptoms, activities, appointments, notes, reminders, SOS alerts and any other information about a Care Recipient entered into or generated by the App.
- “AI Assistant” means the conversational feature of the App that generates responses using an artificial-intelligence model operated by a third party.
- “Content” means any text, image, audio, data or other material that you submit to the Service.
- “Store” means the Apple App Store or Google Play, as applicable.
3. Eligibility
You may create an Account and use the Service only if you are at least 18 years old and have full legal capacity to enter into a binding contract. The Service is not directed at persons under 18, and we do not knowingly allow them to hold an Account. If we learn that an Account holder is under 18, we will close the Account.
Children and other persons without full capacity may be recorded as Care Recipients only by a parent, legal guardian or another person who is legally entitled to manage their care and to process their personal data for that purpose.
You may not use the Service if you are prohibited from doing so under the laws of the country where you live, or if we have previously suspended or closed an Account belonging to you for a breach of these Terms.
4. Your Account
An Account is created with your name, e-mail address and password, either directly or by accepting an invitation to a Family Space. You must provide accurate information and keep it up to date. You are responsible for keeping your password confidential and for the security of the device on which the App is installed, and for activity under your Account, except where it results from a security failure on our side or occurs after you have notified us of suspected unauthorised access. Notify us immediately at the contact address if you suspect unauthorised access.
An Account is personal and may not be shared, sold or transferred. You may hold one Account per e-mail address. We may ask you to verify your e-mail address or identity before processing certain requests.
We may refuse, suspend or close an Account that we reasonably believe is used in breach of these Terms, creates a security or legal risk, or has been inactive for a prolonged period (at least 24 months), after prior notice to the e-mail address on file.
5. What KinPulse is, and what it is not
KinPulse is a tool for organising everyday care: recording medications, measurements, symptoms, activities and appointments, sharing them with family members you choose, receiving optional reminders, sending SOS alerts to your family and asking general questions to the AI Assistant. All Care Data is entered by you or by other members of your Family Space; KinPulse does not obtain it from medical records, devices or health platforms.
KinPulse is not a medical device, is not a healthcare provider and does not provide medical, nursing, pharmaceutical, psychological, legal or financial advice. It does not diagnose, treat, prescribe, monitor or validate any condition, medication or care plan. No doctor-patient or other professional relationship is created by using the Service. Templates, catalogues and descriptions in the App are general information only. Always consult a qualified professional before making any health decision and follow the instructions of your treating clinicians and medication leaflets.
KinPulse is not an emergency service. The SOS feature only notifies the members of your Family Space; it does not contact police, ambulance, fire or any other emergency service and cannot guarantee that anyone receives, reads or acts upon an alert. In an emergency, call your local emergency number directly (112 in the European Union and Ukraine; 103 for an ambulance in Ukraine). See the Medical & AI Disclaimer for further detail.
Parts of the Service are released progressively and may be labelled as “demo”, “beta”, “coming soon” or similar. Such features may be incomplete, may change and may be withdrawn at any time.
Functionality and compatibility: the App runs on the iOS and Android versions indicated in the Store listing and needs an internet connection for synchronisation, sharing, the AI Assistant and SOS, and notification permission for reminders. It does not connect to Apple Health, Google Fit, medical devices or pharmacies, and it does not import medical records.
6. Care Data and information about other people
When you record information about another person (for example a parent, partner or child), you confirm that you are legally entitled to do so: either because that person has agreed, or because you are their parent, legal guardian or otherwise lawfully responsible for their care. You are the person who decides to collect and share that information, and you are responsible for informing the Care Recipient, where required, about the use of KinPulse and for honouring any objection they raise.
The same applies to emergency contacts and other people whose name, phone number or image you add to the App or send to the AI Assistant. Do not add information about a person who has asked you not to.
You are solely responsible for the accuracy, completeness and timeliness of Care Data. Wrong or outdated entries can mislead you and other members of your Family Space. Review entries regularly and never rely on the App as the only record of a medication schedule or dose.
7. Family Spaces and sharing
Every Account starts with a private personal space. You may create a shared Family Space, invite others with single-use invitation codes that expire after seven days, and assign roles. Owners manage members; caregivers can add and edit Care Data; viewers can read Care Data and use SOS but cannot add or edit Care Data or emergency contacts. You alone decide who you invite. We are not responsible for what members of your Family Space do with information they can see.
Sharing a Care Recipient’s personal records with a Family Space makes all existing and future plans and history for that Care Recipient visible to its members, and editable by caregivers. You can revoke sharing, remove members or leave a Family Space at any time (an owner must first transfer ownership); revocation stops future access but cannot recall screenshots, exports or memories of information already seen.
If you own a Family Space with other members and want to delete your Account, you must first transfer ownership. Care Data created in a shared Family Space by other members remains with them after you leave; your authorship is anonymised.
8. AI Assistant
The AI Assistant is an automated system. You are interacting with artificial intelligence, not with a human being, and its responses are generated by a large language model operated by a third-party provider (currently OpenAI). Currently the AI Assistant receives only the messages and photos you send in a given conversation; it has no access to your Care Data, Family Spaces or Account unless you type that information yourself. If we ever allow it to use your Care Data, we will ask for your separate consent first. The App tells you that you are interacting with an AI system before your first message.
Responses may be incomplete, outdated, misleading or simply wrong, including when the AI Assistant describes photos, medication packaging or symptoms. They are not medical advice and must never be used to diagnose, to start, stop or change a medication or treatment, or to decide whether to seek emergency help. Verify important information with a qualified professional. You use AI responses at your own risk, to the extent permitted by law.
Do not send to the AI Assistant content that you are not allowed to share, content about third parties without authority, or content that is unlawful, abusive or intended to make the model produce harmful output. We may limit, suspend or discontinue the AI Assistant at any time, for example when the provider is unavailable or when usage limits are reached.
9. Reminders, notifications and SOS
Reminders and SOS alerts are delivered as push notifications through Apple, Google and the Expo push service. Delivery depends on your device settings, battery optimisation, network coverage, operating-system behaviour and third-party services outside our control. Notifications can be delayed, duplicated or lost. Reminders are a convenience, never a safeguard: keep an independent routine for time-critical care, for example a pill organiser or a written schedule.
SOS sends an alert to the members of the Family Space you choose, together with a single location reading taken when you send the alert, or added shortly afterwards if it only becomes available then (if you granted location permission) and any voice notes you record. Location can be unavailable or inaccurate. Phone buttons in the SOS screen only open your device’s dialer; KinPulse does not place calls or send SMS on your behalf. A “sent” status means our server accepted the alert, not that a person has seen it.
10. Acceptable use
You agree not to, and not to allow anyone else to:
- use the Service for any unlawful purpose or in breach of these Terms, the Store terms or the rights of others;
- enter, upload or share personal data about another person without the legal right to do so;
- access or attempt to access an Account, Family Space or data that is not yours, or bypass any access control, rate limit or security measure;
- reverse-engineer, decompile, scrape, copy, modify, resell or create derivative works of the App or its content, except as permitted by mandatory law;
- use automated tools to extract data, overload the Service or its providers, or interfere with its operation;
- upload malicious code, or content that is unlawful, defamatory, harassing, pornographic, discriminatory or that infringes intellectual-property rights;
- use the Service to provide medical, nursing or care services to third parties on a commercial basis, or to make decisions that require a professional licence;
- misrepresent your identity or relationship to a Care Recipient, or use SOS for anything other than a genuine need for help;
- use the AI Assistant to generate content that is harmful, deceptive or that violates the provider’s usage policies.
11. Your Content and licence to us
You keep all rights in your Content and Care Data. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, transmit, display and back up your Content only to the extent necessary to operate, secure and improve the Service, to deliver it to the members of your Family Space according to your settings, and to comply with law. This licence ends when your Content is deleted from the Service, subject to the retention periods described in the Privacy Policy.
We do not sell your Content or Care Data, do not use health information for advertising and do not use your Content to train artificial-intelligence models. We may use aggregated or anonymised information that can no longer be linked to you to understand how the Service is used.
You represent that you have all rights needed to submit your Content and that doing so does not infringe the rights of anyone else. We may remove Content that we reasonably believe breaches these Terms or the law.
12. Our intellectual property and your licence
The App, the Website, their design, software, text, graphics, logos, catalogues, templates and trade marks (including the name “KinPulse”) belong to Tsupylo Vitalii or our licensors and are protected by intellectual-property laws. Nothing in these Terms transfers any of these rights to you.
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to install and use the App on devices that you own or control and to use the Website for your own non-commercial purposes of organising care for yourself and your family. Any other use requires our prior written permission.
13. Subscriptions and purchases through app stores
Some features may be offered free of charge and others under a paid subscription. Where paid plans are available, they are sold exclusively through in-app purchases in the Apple App Store or Google Play. We do not sell subscriptions through the Website, do not accept bank transfers and never collect your card or bank details; payments are processed by Apple or Google under your Store account and their terms.
Prices, currency, billing period, free-trial or introductory terms and applicable taxes are shown in the Store before you confirm a purchase. Subscriptions renew automatically at the end of each billing period unless you cancel them in your Store account settings at least 24 hours before the end of the current period. Cancellation takes effect at the end of the period already paid for; no partial refund is given for the unused part of a period, except where the Store or mandatory law provides otherwise. Deleting the App or your Account does not cancel a Store subscription.
Refunds for Store purchases are decided by Apple or Google under their refund policies and the consumer laws that apply to you. Our Refund Policy explains how to request one and which rights EU consumers keep. We may change prices or the content of plans; changes apply to the next renewal and you will be informed in advance through the Store or the App so that you can cancel if you disagree.
Until paid plans are activated in the Stores, any plan-selection screen in the App is a demonstration, no charge is made and no paid entitlement is created.
14. App stores and third-party services
Your use of the App is also subject to the terms of the Store from which you downloaded it. If you downloaded the App from the Apple App Store, the following applies: these Terms are concluded between you and us only, not with Apple; Apple has no obligation to furnish maintenance or support for the App; in the event of any failure of the App to conform to any applicable warranty you may notify Apple and Apple will refund the purchase price, if any, and to the maximum extent permitted by law Apple has no other warranty obligation; Apple is not responsible for addressing any claims by you or any third party relating to the App, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements and consumer-protection claims; Apple is not responsible for the investigation, defence, settlement or discharge of any third-party intellectual-property infringement claim; you represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country and are not on any U.S. Government list of prohibited or restricted parties; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. The licence granted to you is limited to a non-transferable licence to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules of the Apple Media Services Terms and Conditions.
If you downloaded the App from Google Play, you also agree to the Google Play Terms of Service, and Google is not responsible for the App or for these Terms.
The Service relies on third-party providers described in the Privacy Policy (hosting, e-mail, push delivery, image storage and the AI model provider) and may contain links to third-party websites such as Store subscription pages or map services. We do not control those services and are not responsible for their content, availability or practices. Your use of them is governed by their own terms.
15. Availability, changes and support
We aim to keep the Service available but do not promise uninterrupted or error-free operation. Maintenance, updates, provider outages, Store policies, security incidents and events outside our control can interrupt or limit the Service. You are responsible for keeping the App updated and for the compatibility of your device and operating system. During a paid subscription we provide the updates, including security updates, needed to keep the paid features in conformity and inform you of them through the Store; we are not liable for a lack of conformity caused solely by your failure to install an update within a reasonable time.
We may change the Service only for the following reasons: adapting to legal, regulatory or Store requirements; security; technical changes of our providers; adding, improving or correcting features; or discontinuing features that are little used. Changes that do not negatively affect your use are made at no cost and without formalities. If a change negatively affects your access to or use of a paid feature, we will notify you by e-mail or in the App at least 30 days in advance, and you may terminate the subscription free of charge within 30 days of the notice or of the change (whichever is later) and receive a pro-rata refund of the unused period through the Store.
Support is provided by e-mail at [email protected] on a reasonable-efforts basis, in English and, as far as possible, in Ukrainian and Spanish. Complaints receive an acknowledgement and are answered within one month. We have no obligation to provide support beyond what the law requires, and we may refuse communication that is abusive or threatening.
16. Suspension and termination
You may stop using the Service at any time and delete your Account in the App (Profile → Delete account) or as described in the Account Deletion page. Deletion is permanent. Before deleting, you may ask us by e-mail for a copy of your Care Data in a machine-readable format.
We may suspend or terminate your access with immediate effect only for a material breach of these Terms, a binding legal or regulatory order, or a concrete security threat. If we discontinue the Service or a paid feature, we will give you at least 30 days’ notice, allow you to obtain a copy of your data and refund the unused part of any paid period through the Store. Provisions that by their nature should survive termination (including ownership, disclaimers, limitations of liability and governing law) continue to apply.
17. Disclaimer of warranties
We supply the Service with the skill and care that can reasonably be expected from a small digital service. Paid features are covered by the legal guarantee of conformity for digital services that consumers in the European Union and Spain enjoy (Royal Legislative Decree 1/2007, Articles 115 ter and following). Free, demo and beta features are supplied on a voluntary basis and may be changed or withdrawn; we do not promise that they are error-free.
We do not promise that any content, reminder, alert or AI response is accurate, complete, timely or suitable for your situation; see the Medical & AI Disclaimer. To the extent permitted by the law applicable to you, and always without prejudice to the rights of consumers that cannot be excluded by contract, we give no other warranty, express or implied, including as to fitness for a particular purpose or uninterrupted or secure operation.
18. Limitation of liability
If you are a consumer, we are liable under the applicable law for damage caused by our breach of these Terms or by our negligence. We are not liable for damage that was not reasonably foreseeable when you accepted these Terms, or that is caused by your own breach of these Terms, by other users or members of your Family Space, by your reliance on Care Data, reminders, templates or AI responses contrary to the Medical & AI Disclaimer, by delayed or undelivered notifications caused by your device, network or third-party push services, by unauthorised access resulting from your failure to protect your credentials or device, or by events outside our reasonable control.
If you are not a consumer, to the maximum extent permitted by law we are not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of data, profit, revenue or goodwill, and our total aggregate liability for all claims arising out of the Service or these Terms shall not exceed the greater of (a) the amounts you paid for the Service through the Stores in the twelve months preceding the event giving rise to the claim and (b) fifty euros (EUR 50).
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for wilful misconduct or gross negligence, or for any other liability that cannot be excluded or limited under the law applicable to you, including the mandatory consumer-protection rules of your country of residence.
19. Indemnification
If you are a consumer, this section does not apply to you; you remain liable under general law for damage you cause to us or to third parties, for example by entering or sharing another person’s data without the right to do so. If you use the Service in a business or professional capacity, you will indemnify us for claims by third parties, and the reasonable and documented costs of defending them, arising from your breach of these Terms, your Content or your violation of law or of third-party rights.
20. Governing law and disputes
These Terms and any non-contractual obligation arising from them are governed by the laws of Spain. If you are a consumer, you also keep the protection of the mandatory provisions of the law of the country where you habitually reside, whatever that country is.
If you are a consumer, you may bring any dispute before the courts of your place of residence, and we may bring proceedings against you only before those courts; if you live in Spain, the courts of your domicile are competent in accordance with Spanish procedural law. If you are not a consumer, the courts of the city of the operator’s domicile in Spain have exclusive jurisdiction. Statutory limitation periods apply.
Before starting legal proceedings, please contact us so that we can try to resolve the matter amicably; complaints receive an acknowledgement and an answer within one month. We are not adhered to a consumer-arbitration board. If we cannot resolve your complaint, consumers in Spain may apply to the Junta Arbitral de Consumo competent for their area or to their municipal or regional consumer office (OMIC), and we will indicate the competent body in our answer. Official complaint forms (hojas de quejas y reclamaciones of the Junta de Andalucía) are available to consumers on request by e-mail. Consumers in other countries may use the complaint bodies of their country of residence.
21. Electronic communications and notices
You agree that we may communicate with you electronically, through the App, the Website or the e-mail address on your Account, including about changes to these Terms, security matters and your Account. Notices to us must be sent to the contact address shown on this page. Notices by e-mail are considered received when they reach the mailbox of the address on your Account; important notices about changes, prices or termination may also be shown in the App. Keep your e-mail address up to date.
22. Changes to these Terms
We may update these Terms for the reasons listed under “Availability, changes and support” or to reflect changes in law, in our providers or in our business. The current version, with its effective date and version number, is always available on the Website, and earlier versions are available on request. For material changes we will give at least 30 days’ notice by e-mail or in the App before they take effect, unless a shorter period is required by law or for security reasons. Where the law requires it, we will ask for your express acceptance in the App. If you do not agree with a change, you may stop using the Service and delete your Account; if a material change negatively affects a paid subscription, you may terminate it free of charge within 30 days of the notice and receive a pro-rata refund of the unused period through the Store.
23. General provisions
These Terms, together with the Privacy Policy, Cookie Policy, Refund Policy, Medical & AI Disclaimer and Account Deletion page, and the pre-contractual information shown in the Store and on the Website (which binds us under Article 61 of Royal Legislative Decree 1/2007), form the entire agreement between you and us regarding the Service. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms. We may transfer them to a successor that continues the Service under the same conditions and data-protection guarantees; we will notify you at least 30 days in advance and you may terminate free of charge before the transfer. Nothing in these Terms creates a partnership, employment or agency relationship.
These Terms are available in English, Ukrainian and Spanish. For consumers residing in Spain the Spanish version prevails; for all other users the English version prevails, without prejudice to the mandatory rules of the consumer’s country of residence.
24. Reporting content and points of contact
If you consider that content shared with you in a Family Space, or an output of the AI Assistant, is unlawful, abusive or infringes your rights, report it to [email protected] with a description and, where possible, a screenshot. We review reports within 7 days, may remove content or restrict the responsible Account, and inform you of the outcome; you may contest our decision by replying to that e-mail. The same address is our single point of contact for users, Member State authorities and the European Commission under Regulation (EU) 2022/2065 (Digital Services Act), Articles 11 and 12, in English, Spanish and Ukrainian.
25. Contact
Questions about these Terms: [email protected]. Please do not send passwords, card details or detailed medical information by e-mail.