Herz P1 App - Terms of Service

Including the End User Licence Agreement

Last updated: Sept 9, 2026

1. This agreement

These Terms of Service, together with the End User Licence Agreement in section 3, form an agreement between you and Herz P1, Inc, 470 W Broad St, Unit #5116, Columbus, OH 43215, United States (no returns please to this address!) ("Herz P1", "we", "us"), covering your use of the Herz P1 app.

By creating an account or using the app you accept these terms. If you do not accept them, do not use the app.

Our Privacy Policy at herzp1.com/app-privacy explains how we handle your information and forms part of this agreement.

If you are located in the European Economic Area or Switzerland, separate Terms of Service apply to you and are served by the app based on your country. They are also available at herzp1.eu/de/app-terms.

2. Eligibility and your account

You must be at least 16 years old to hold an account.
You give accurate information when you register, and keep it current. Body-composition estimates are calculated from your age, sex and height, so inaccurate details produce inaccurate estimates.
You are responsible for your password and for what happens under your account. Tell us at support@herzp1.com if you think someone else has access.
One account per person. Do not share an account: the Smart Scale supports multiple people properly, through household sharing.
We may suspend or close an account that breaks these terms, or where we are required to.

3. Licence - the EULA

We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the Herz P1 app on devices you own or control, for your own non-commercial use, in line with these terms and the rules of the app store you downloaded it from.

You may not:

Copy, modify, translate or create derivative works of the app.
Reverse engineer, decompile or disassemble it, except to the extent that law expressly permits despite this restriction.
Rent, lease, lend, sell, sublicense or otherwise distribute it.
Remove or obscure any copyright, trademark or other proprietary notice.
Use it to build a competing product, or to scrape or extract data at scale.
Interfere with its operation, probe our systems, or bypass any security or rate limit.
Use it for any unlawful purpose, or in any way that infringes someone else's rights.

The app is licensed, not sold. We keep all rights not expressly granted here.

4. Your devices

Herz P1 devices are covered by their own warranty and sales terms, which are separate from this agreement.
The app connects to your devices over Bluetooth and reads what they record. What is available depends on the device and its firmware.
Firmware updates are offered in the app and applied only when you choose to apply them. Do not power off a device mid-update.
Herz P1 devices use components and software supplied by their manufacturers, including the Smart Scale SDK. Their processing is described in the Privacy Policy.
If a device is lost, sold or unpaired, its past readings remain in your account until you delete them.

5. Herz P1 is not a medical device - read this section

This is the most important section in these terms. It is repeated inside the app and on the product pages, in the same words.

Herz P1 provides estimates and trends for general fitness and wellness purposes only. It is not a medical device. It is not intended to diagnose, treat, cure, or prevent any disease or medical condition. Always consult a qualified healthcare professional with questions about your health.

What that means in practice:

Herz P1 is not cleared, approved or certified by the FDA, the MHRA, any EU authority, the TGA or any other regulator as a medical device.
Every value beyond your weight is an estimate, produced by consumer sensors and published formulas. Body composition is estimated from a small electrical signal. Heart rate, blood oxygen and sleep stages are estimated from light and motion sensors.
These estimates carry meaningful error. They are useful for following your own trends over weeks and months. They are not useful as a single measurement, and they are not a substitute for a clinical test.
Herz P1 compares your readings to your own history. It does not compare you to a population, an age group or a clinical reference range, and it does not tell you whether a reading is normal or abnormal.
Herz P1 will never tell you to seek medical care, and the absence of any such prompt is not an indication that anything is fine.
Never delay seeking medical advice, or disregard advice you have been given, because of something you saw in Herz P1.
If you think you may have a medical emergency, contact your local emergency service.

Do not use Herz P1 to make a clinical decision:

Do not use Herz P1 to diagnose or monitor any condition.
Do not use it to decide whether to take, change or stop any medication or treatment.
Body-composition estimates are unreliable during pregnancy, and for people with an implanted electronic device such as a pacemaker the Smart Scale should not be used at all. Follow the guidance supplied with your device.

6. Household sharing

The Smart Scale supports more than one person. The Smart Band and Smart Ring are single-user.
An invited adult uses their own Herz P1 account. As device owner you can invite and remove them, but you cannot see their measurements, profile or history.
A managed user is a child or dependent whose data sits in your app. By adding one you confirm that you are their parent or guardian, or otherwise entitled to manage their data, and that you have the right to consent on their behalf.
You are responsible for what you do with data belonging to a managed user.
Removing an invited adult ends their access to your device. It does not delete their account or their data - that belongs to them.

7. Your data and content

Your health readings, profile and goals are yours. We do not claim ownership of them.
You grant us the licence we need to store and process them so the app can work: no more than that. The Privacy Policy sets out the detail.
You can export or delete your data at any time.
Keep your own copy of anything you cannot afford to lose. We keep backups, but we are not a records service.

8. Availability and changes

We aim to keep Herz P1 available, but we do not promise it will be uninterrupted or error-free. Sync depends on your phone, your connection and your device.
We may add, change or remove features. Where a change materially reduces what the app does, we will give reasonable notice.
We may discontinue the service. If we do, we will give you reasonable notice and a way to export your data first.
We support current and recent operating system versions. Older versions may stop working.

9. Subscriptions and payment

Not currently available. The current version of Herz P1 has no subscription, no in-app purchase and no paid tier. This section describes how a paid plan would work if one is introduced, so that these terms do not need reissuing at that point. Nothing in it applies today, and your devices work fully without any subscription.

Any paid plan would be described at the point of purchase, including price, billing period and what it includes.
Where a purchase is made through the App Store or Google Play, that store handles billing, renewals, cancellations and refunds under its own terms, and you manage the subscription in your store account.
Subscriptions of that kind renew automatically unless cancelled at least 24 hours before the period ends.
Where a free trial is offered, the terms of the trial are stated before it starts.
No paid feature would ever remove access to a metric your device already measures, or to device pairing, setup or firmware updates.

10. Intellectual property

Herz P1, the Herz P1 name and logo, the app, the website and everything in them are owned by Herz P1, Inc or its licensors and protected by intellectual property law. Nothing in these terms transfers any of it to you. Feedback you send us may be used freely and without obligation, though we are never obliged to use it.

11. Disclaimers

To the fullest extent the law allows, the app and the service are provided "as is" and "as available", without warranty of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement.

We do not warrant that the app will meet your requirements, that it will be uninterrupted or error-free, or that any estimate it produces will be accurate. Section 5 explains why estimates carry error.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions above apply only as far as the law permits, and you may have rights that these terms cannot remove, including, in Australia, rights under the Australian Consumer Law, and in the United Kingdom, statutory rights that cannot be waived.

12. Limitation of liability

To the fullest extent the law allows, neither Herz P1, Inc nor its officers, employees or suppliers is liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data or lost goodwill, arising out of your use of or inability to use Herz P1.

Our total liability for all claims arising out of this agreement is limited to USD 100.

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.

13. Indemnity

You agree to indemnify Herz P1, Inc against claims, losses and reasonable legal costs arising from your breach of these terms, your misuse of the app, or your handling of data belonging to a managed user.

14. Term and termination

This agreement runs until terminated.
You may terminate at any time by deleting your account.
We may suspend or terminate your access if you materially breach these terms, or if we are required to by law.
Sections 5, 7, 10, 11, 12, 13 and 16 survive termination.

15. Changes to these terms

We may update these terms. Where a change is material we will give notice in the app or by email before it takes effect and update the date at the top. Continuing to use Herz P1 after that means you accept the updated terms. If you do not, delete your account.

Each version of these terms is identified by its "Last updated" date. When you accept, or later re-accept, these terms, we record the version you accepted so we can produce it later if asked.

16. Governing law and disputes

These terms are governed by the laws of the State of Ohio, without regard to its conflict-of-laws rules. The state and federal courts located in Franklin County, Ohio have exclusive jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction.

If you are a consumer resident in the United Kingdom, this does not deprive you of the protection of the mandatory consumer-protection laws of the United Kingdom, and you may bring proceedings in your local courts.

17. Contact

Company	Herz P1, Inc
Address	470 W Broad St, Unit #5116, Columbus, OH 43215, United States (no returns please!)
Email	support@herzp1.com

Appendix A - Apple App Store additional terms

These terms apply to the Herz P1 app obtained from the Apple App Store, and are required by Apple. Where they conflict with anything above, they win for that copy of the app.

This agreement is between you and Herz P1, Inc only, not with Apple. Apple is not responsible for the app or its content.
The licence granted in section 3 is limited to use on Apple-branded devices you own or control, as permitted by the Apple Media Services Terms, including the Family Sharing rules.
Apple has no obligation to provide any maintenance or support for the app.
If the app fails to conform to any applicable warranty, you may tell Apple and Apple will refund the purchase price, if any. To the maximum extent permitted by law Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility, not Apple's.
We, not Apple, are responsible for addressing any claim by you or a third party relating to the app or your use of it, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation. This includes claims arising under health, medical device or privacy legislation.
We, not Apple, are responsible for investigating, defending, settling and discharging any third-party claim that the app infringes that party's intellectual property rights.
You represent that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of these terms, and on your acceptance Apple has the right, and is deemed to have accepted the right, to enforce them against you.
You must comply with any applicable third-party terms of agreement when using the app.

Appendix B - Google Play additional terms

These terms apply to the Herz P1 app obtained from Google Play.

This agreement is between you and Herz P1, Inc only, not with Google.
Google is not responsible for the app, its content, or any support for it.
Your use of Google Play is governed by the Google Play Terms of Service.