Terms of Use

Last updated: May 30, 2026

These Terms of Use (“Terms”) explain the rules and conditions that apply when you access or use Health Daily: Heart Rate (“App”, “Service”, “we”, “us”, or “our”).

The App is provided by Kiwi Game Studio.

Please read these Terms carefully before downloading, installing, accessing, or using the App. By using Health Daily: Heart Rate, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the App and should delete it from your device.

1. About the App

Health Daily: Heart Rate is a wellness application that may provide features such as heart rate measurement, heart rate history, wellness insights, stress-related insights, energy-related insights, articles, reminders, and other general health and lifestyle information.

The App may use your device camera and flashlight to estimate heart rate by detecting color changes from your fingertip. The App may also provide general wellness content and insights based on information entered by you, measured by the App, or made available through device permissions that you choose to enable.

The App is intended for personal, non-commercial use only.

2. Important Medical Disclaimer

Health Daily: Heart Rate is provided for general wellness, informational, educational, and lifestyle purposes only.

The App is not a medical device. It is not intended to diagnose, treat, cure, monitor, or prevent any disease, illness, or medical condition. The App does not provide medical advice, medical diagnosis, medical treatment, or professional healthcare services.

Heart rate, heart rate variability, stress, energy, wellness, body balance, and any related insights shown in the App are estimates only. These values may be inaccurate, incomplete, delayed, or affected by your device, lighting conditions, finger placement, movement, pressure, skin condition, environment, or other factors.

You should not rely on the App for medical decisions. If knowing your heart rate or other health information is critical to your health, please use a certified medical device and consult a qualified healthcare professional.

If you experience chest pain, breathing difficulty, fainting, dizziness, irregular heartbeat, severe discomfort, or any emergency symptoms, you should seek immediate medical attention or contact emergency services.

By using the App, you acknowledge and agree that you are solely responsible for your health, medical decisions, and use of the information provided by the App.

3. Eligibility

You must be at least 13 years old to use the App, or older if required by the laws of your country or region.

If you are under the age of majority in your jurisdiction, you may use the App only with permission and supervision from a parent or legal guardian. By using the App, you confirm that you meet these eligibility requirements.

We do not knowingly allow children under 13 to use the App or knowingly collect personal information from children under 13. If you believe a child has provided us with personal information, please contact us at privacy@kiwigamestudio.com.

4. Privacy

Your use of the App is also governed by our Privacy Policy.

Our Privacy Policy explains how we collect, use, store, and protect information when you use the App and related services.

You can view our Privacy Policy on our website: https://www.kiwigamestudio.com/

By using the App, you agree that we may process information as described in the Privacy Policy.

5. License to Use the App

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, access, and use the App for your own personal, non-commercial purposes.

You do not acquire any ownership rights in the App, its content, software, design, interface, graphics, text, images, features, trademarks, logos, or other materials.

All rights not expressly granted to you are reserved by Kiwi Game Studio and its licensors.

6. Prohibited Uses

You agree not to use the App in any way that:

• Violates any applicable law, regulation, or third-party right
• Infringes our intellectual property rights or the rights of others
• Copies, modifies, distributes, sells, rents, leases, sublicenses, or transfers the App
• Reverse engineers, decompiles, disassembles, or attempts to extract the source code of the App
• Uses the App for any commercial purpose without our written permission
• Interferes with or disrupts the operation, security, or performance of the App
• Attempts to gain unauthorized access to the App, our systems, or third-party systems
• Uses bots, scripts, automation, scraping, or similar methods to access or manipulate the App
• Uploads, transmits, or distributes viruses, malware, harmful code, or abusive content
• Uses the App to provide medical diagnosis, medical treatment, or emergency health monitoring
• Misrepresents the App’s wellness estimates as clinical, medical, or diagnostic results

We may suspend, restrict, or terminate your access to the App if we believe you have violated these Terms.

7. User Information and Accuracy

Some App features may depend on information you provide, such as age, height, weight, gender, preferences, goals, or other wellness-related information.

You agree that any information you provide should be accurate to the best of your knowledge. You understand that inaccurate information may affect the quality, relevance, or accuracy of App features and insights.

You are responsible for how you interpret and use any information shown in the App.

8. Subscriptions, In-App Purchases, and Payments

The App may offer free features, paid features, subscriptions, trials, or in-app purchases.

If you purchase a subscription or in-app purchase, the transaction will be processed by Apple through your App Store account. Payment will be charged to your Apple ID account at the time of purchase confirmation.

Subscriptions may automatically renew unless cancelled at least 24 hours before the end of the current subscription period. Your account may be charged for renewal within 24 hours before the end of the current period.

You can manage or cancel subscriptions through your App Store account settings.

We do not control Apple’s billing system and cannot directly cancel subscriptions for you. Refund requests are handled by Apple according to Apple’s policies.

Prices, features, trial offers, and subscription terms may vary by country, region, platform, promotion, or App version. We may change available plans, prices, or features from time to time, subject to applicable law and platform rules.

9. Free Trials and Promotions

We may offer free trials, introductory offers, discounts, or promotional access to certain paid features.

Trial availability and terms may vary. Unless cancelled before the end of the trial period, a trial may convert into a paid subscription according to the terms shown at the time of purchase.

You are responsible for reviewing the terms displayed by Apple before confirming any purchase or subscription.

10. Apple App Store Terms

If you download the App from the Apple App Store, you acknowledge and agree that:

• These Terms are between you and Kiwi Game Studio, not Apple.
• Apple is not responsible for the App or its content.
• Apple has no obligation to provide maintenance or support services for the App.
• Apple may be a third-party beneficiary of these Terms and may have the right to enforce these Terms against you.
• Your use of the App must comply with the Apple Media Services Terms and applicable App Store rules.

11. Updates and Changes to the App

We may update, modify, suspend, discontinue, or remove any part of the App at any time.

We may release updates to fix bugs, improve performance, add features, remove features, or address security, legal, or operational issues.

Some features may not be available on all devices, operating systems, countries, regions, or App versions. We do not guarantee that the App or any feature will always be available, uninterrupted, secure, or error-free.

12. Availability and Technical Requirements

To use the App, you need a compatible mobile device and may need internet access for some features.

You are responsible for any mobile data fees, internet charges, roaming fees, device costs, or other charges from your carrier or service provider.

We do not guarantee that the App will work on every device, operating system version, or network environment.

13. Third-Party Services and Links

The App may include or interact with third-party services, such as Apple services, analytics providers, advertising networks, attribution platforms, crash reporting tools, payment systems, or external websites.

Third-party services are governed by their own terms and privacy policies. We are not responsible for third-party services, websites, content, products, policies, or practices.

Your use of third-party services is at your own risk.

14. Advertising

The App may display advertisements or use advertising-related technologies, depending on the App version, your location, your settings, and your consent choices.

Advertising partners may process certain device, usage, or advertising-related information as described in our Privacy Policy.

We do not represent that advertisements, offers, or third-party content shown in the App are endorsed by us, unless expressly stated.

15. Intellectual Property

The App, including its software, source code, object code, design, layout, graphics, icons, text, images, animations, content, trademarks, logos, and other materials, is owned by or licensed to Kiwi Game Studio and is protected by intellectual property laws.

You may not copy, reproduce, modify, distribute, publish, sell, license, create derivative works from, or exploit any part of the App without our prior written permission.

The name Health Daily: Heart Rate, the Kiwi Game Studio name, logos, branding, and related marks may not be used without our permission.

16. User Feedback

If you send us feedback, suggestions, ideas, bug reports, feature requests, or other comments, you agree that we may use them without restriction or compensation to you.

You grant us a worldwide, perpetual, irrevocable, royalty-free license to use, modify, publish, distribute, and incorporate your feedback into our products and services.

17. Disclaimer of Warranties

The App and all related services, content, information, and features are provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, accuracy, availability, non-infringement, and uninterrupted or error-free operation.

We do not warrant that:

• The App will meet your expectations or requirements
• The App will be accurate, reliable, complete, or timely
• The App will be available at all times
• The App will be free from bugs, errors, viruses, or harmful components
• Any wellness estimate or insight will be medically accurate or suitable for your personal health needs

You use the App at your own risk.

18. Limitation of Liability

To the maximum extent permitted by applicable law, Kiwi Game Studio, its owners, employees, contractors, partners, service providers, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages.

This includes, without limitation, damages for loss of data, loss of profits, loss of business, device issues, health-related decisions, personal injury, reliance on App estimates, subscription issues, third-party services, or inability to use the App.

To the maximum extent permitted by law, our total liability for any claim relating to the App or these Terms will not exceed the amount you paid to use the App during the twelve months before the claim arose, or USD $50, whichever is greater.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

19. Indemnification

You agree to defend, indemnify, and hold harmless Kiwi Game Studio, its owners, employees, contractors, partners, service providers, and affiliates from and against any claims, damages, liabilities, losses, costs, and expenses arising from:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any law or third-party right
• Your reliance on App information for medical or health-related decisions
• Any information or content you provide to us

20. Termination

You may stop using the App at any time by deleting it from your device and cancelling any active subscription through your App Store account settings.

We may suspend or terminate your access to the App at any time if we believe you have violated these Terms, created risk for us or other users, or used the App in a harmful, unlawful, or abusive way.

After termination, your right to use the App will end immediately, but provisions that by their nature should survive termination will continue to apply.

21. Changes to These Terms

We may update these Terms from time to time.

When we update these Terms, we will revise the “Last updated” date above. We may also notify you through the App, website, or other reasonable means if the changes are material.

Your continued use of the App after the updated Terms become effective means that you accept the updated Terms.

If you do not agree to the updated Terms, you must stop using the App.

22. Legal Compliance

You agree to comply with all applicable laws and regulations when using the App.

You represent that you are not located in a country or region subject to applicable embargoes or sanctions that would prohibit your use of the App, and that you are not listed on any applicable restricted party list.

You are responsible for ensuring that your use of the App is legal in your country or region.

23. Governing Law

These Terms will be governed by and interpreted in accordance with the laws of the jurisdiction where Kiwi Game Studio operates, without regard to conflict of law principles, except where local consumer protection laws require otherwise.

If any dispute arises from or relates to these Terms or the App, you agree to first contact us at support@kiwigamestudio.com so that we can try to resolve the issue informally.

Nothing in these Terms limits any consumer rights that cannot be waived under applicable law.

24. Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be interpreted to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

25. No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other rights.

26. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, restructuring, operation transfer, or by operation of law.

27. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms shown in the App or App Store purchase flow, constitute the entire agreement between you and Kiwi Game Studio regarding your use of the App.

28. Contact Us

If you have questions about these Terms or the App, please contact us:

App: Health Daily: Heart Rate
Company: Kiwi Game Studio
Website: https://www.kiwigamestudio.com/
Support Email: support@kiwigamestudio.com
Privacy Email: privacy@kiwigamestudio.com