1. Introduction

Aiden Forrest, trading under the name forresTech, owns and operates the website https://www.forres.tech/heartbeat-hero, and its corresponding web and mobile applications (collectively, “Heartbeat Hero” or the “Application”). Heartbeat Hero serves as a CPR training application. It is intended solely for educational purposes, is not a substitute for valid CPR certification, and must not be construed as a medical device.

2. Definitions

For purposes of these Terms and Conditions, the following terms shall have the meanings set out below, unless the context requires otherwise:

3. Application of these Terms and Conditions

Your use of Heartbeat Hero is subject to and governed by these Terms and Conditions. By downloading, accessing or using Heartbeat Hero, you confirm that you have read, understood and agree to be bound by these Terms and Conditions. If you do not agree, do not use Heartbeat Hero.

4. Updates to these Terms and Conditions

forresTech may amend or update these Terms and Conditions, in whole or in part, at any time at forresTech’s discretion, including to reflect changes in regulatory requirements such as medical device rules. The most recent version will be published on the Application and shows the date of its latest update. Where required by law, forresTech will provide notice of material changes. Your continued use after an update constitutes your agreement to the updated Terms and Conditions.

5. Privacy Policy

forresTech shall not be bound by any other terms or policies except these Terms and Conditions and policies implemented by forresTech, including its Privacy Policy. The Privacy Policy is expressly incorporated into these Terms and Conditions by reference.

6. Representations and Warranties

Users must be at least thirteen (13) years old to use Heartbeat Hero. Users aged thirteen (13) to seventeen (17) may only use Heartbeat Hero with the consent and supervision of a parent or legal guardian. Heartbeat Hero is not directed to children and should not be used by anyone under 13. To be eligible to use Heartbeat Hero, Users represent and confirm that: (i) they have the authority and capacity to be bound by these Terms and Conditions, (ii) Heartbeat Hero is for personal and private purposes only, and (iii) they are not subject to any restrictions that would prevent use in their country of residence.

7. Email Verification

forresTech does not require Users to create an account and data collection is minimal. At this time, no User accounts are maintained. forresTech uses an email verification process to allow eligible students to access certain paid Content at no cost. This verification is limited to sending a one-time verification code and confirming eligibility.

8. Access to the Application

To the fullest extent permitted by law, forresTech may suspend or terminate access to Heartbeat Hero if forresTech reasonably believes you have breached these Terms and Conditions. You may stop using Heartbeat Hero at any time.

9. Purchases and Subscriptions

All purchases and subscription history are managed through Apple In-App Purchase and powered by RevenueCat. Subscriptions auto-renew unless cancelled, and can be managed or cancelled through your Apple Account settings. Deleting your RevenueCat customer record does not cancel an active Apple subscription.

10. Refund Policy

forresTech does not handle refunds directly. Any refunds are processed by Apple according to its policies and any mandatory rights you have under applicable law. Digital content may begin immediately, which can affect the 14-day cancellation right where you consent to immediate supply.

11. Intellectual Property

forresTech is the sole owner of Heartbeat Hero. Unless otherwise specified and to the extent licensed from a third party, all Content generated by Heartbeat Hero and all trade marks are owned by forresTech. Any Content generated as a result of the Services is and shall remain the property of forresTech. Users may not copy or distribute Heartbeat Hero and its Content except as permitted by law.

Feedback

Users may provide suggestions, comments or other feedback regarding Heartbeat Hero. All such feedback is given voluntarily. Feedback shall constitute confidential information belonging to forresTech and forresTech may use, distribute and exploit the feedback without obligation or restriction.

Licence to the Content

forresTech grants Users a personal, non-exclusive, non-transferable and non-sublicensable licence to download, access and use Heartbeat Hero, including its Content and functionalities, for personal and educational use only, in accordance with these Terms and the Apple Licensed Application End User Licence Agreement (Apple EULA). These Terms supplement the Apple EULA. If there is a conflict, the Apple EULA will prevail for matters relating to purchase and delivery via the App Store, and these Terms will prevail for your use of Heartbeat Hero to the extent permitted by law.

The licence does not permit:

forresTech retains full ownership and title to the Content, subject to any third-party rights. Any breach may result in termination of the licence.

12. Safe Practice and Health Warnings

Educational Purposes

Heartbeat Hero is intended for educational purposes only.

CPR Guidelines

CPR practice should be carried out exclusively on approved training manikins or other authorised training aids. Do not perform compressions on a real person or animal. CPR practice can be physically demanding. If you have any medical condition or are pregnant, consult a qualified healthcare professional before using Heartbeat Hero.

Not a Medical Device and No Clinical Use

Heartbeat Hero is not a medical device under UK law and is not cleared or approved by the U.S. Food and Drug Administration (FDA). It is not a clinical tool and does not provide clinical decision support. It must not be used to diagnose, monitor, treat or alleviate disease or injury in real time. Any timing or metronome feature is for practice only. Always follow certified training and local guidelines.

Emergency Guidelines

Heartbeat Hero is not designed for use in real emergencies. In an emergency, call 999 in the United Kingdom or 911 in the United States. Follow the instructions from emergency operators and certified training providers.

Device Use

Certain modes may involve placing your device on a soft surface to simulate compressions tracked by device sensors. You are solely responsible for using your device safely. forresTech disclaims liability for losses, damages or injuries, including device damage, personal injury or death, arising from use of any training mode.

13. Medical Disclaimer

Content provided by Heartbeat Hero is not medical advice, treatment or recommendations and is not a substitute for a qualified trainer, healthcare provider or licensed professional. forresTech makes no guarantee that use of Heartbeat Hero will improve CPR skills or produce specific results. All training is for informational purposes only.

14. AI Functionalities

Heartbeat Hero does not provide official certification or replace accredited CPR courses. Certain features may incorporate AI functionality, such as an emergency call simulation. This AI component is limited to simulation purposes only and does not provide medical advice or real-time guidance in actual emergencies. AI features may use ChatGPT Advanced Voice and other OpenAI APIs. When used offline, on-device Apple Foundation Models may be used.

15. User Conduct

Users are responsible for their actions and omissions. Users agree not to use Heartbeat Hero for:

This list is non-exhaustive. forresTech may revoke access without liability if these obligations are breached.

16. Geographical Restrictions

Heartbeat Hero is primarily intended for users in the United Kingdom and the United States. Availability elsewhere is not guaranteed. Users outside these regions are responsible for complying with applicable local laws when using Heartbeat Hero.

17. Third Party Links

Unless otherwise stated, forresTech is unaffiliated with any Third-Party Links. forresTech does not endorse Third-Party Links. They are provided for convenience only and are used at your own risk. Any issues arising out of Third-Party Links must be resolved between you and the relevant third party.

18. Disclaimers and Limited Warranties

Heartbeat Hero and the Content are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied or statutory. forresTech specifically disclaims implied warranties of merchantability, fitness for a particular purpose and non-infringement. forresTech does not guarantee uninterrupted or error-free operation or that the Application will be secure or free from defects or harmful components.

19. Liability, Damages and Release

Technical Issues

Technical issues may arise and may delay, suspend or prevent access. forresTech is not liable for losses caused by interrupted or discontinued access. forresTech will use commercially reasonable efforts to address issues but does not guarantee that issues will be corrected.

Exclusions of Liability

To the fullest extent permitted by law, forresTech disclaims liability for any indirect, special, consequential, exemplary, punitive or incidental damages, including loss of profits, data or goodwill, even if forresTech was advised of the possibility of such damages.

Statutory Protections

Nothing in these Terms and Conditions excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

Aggregate Liability

Subject to the foregoing, the total aggregate liability of forresTech arising out of or in connection with the Services is limited to the higher of £100 or the total amounts you paid for Heartbeat Hero and in-app purchases during the twelve (12) months prior to the event giving rise to the liability.

20. Indemnity

You agree to indemnify and hold harmless forresTech from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising from your (i) breach of these Terms and Conditions, (ii) unlawful use of Heartbeat Hero, or (iii) use in contravention of the safety warnings above.

21. Export Control and Sanctions

You may not export or re-export Heartbeat Hero in violation of applicable export control or sanctions laws. By using Heartbeat Hero, you represent that you are not located in a country or on a list subject to comprehensive sanctions and are not a prohibited party.

22. Applicable Laws

These Terms and Conditions and any non-contractual obligations arising out of or in connection with them are governed by the laws of England and Wales, excluding conflict of law rules that would refer to the laws of another jurisdiction. The courts of England and Wales have exclusive jurisdiction to settle any dispute, except that if you are a consumer resident outside the United Kingdom you may also rely on mandatory consumer protection rights and bring a claim in your local courts where required by law.

23. Dispute Resolution

If a dispute arises, each side will use reasonable efforts to resolve it informally within 30 days before commencing court proceedings.

24. Force Majeure

Force Majeure events mean unforeseeable, uncontrollable and irresistible events, such as government orders, epidemics, pandemics, labour strikes, wars, acts of God, tornadoes, hurricanes and other natural disasters. forresTech shall not be responsible for any failure or delay in performing obligations due to a Force Majeure event. During such an event, obligations are suspended until the event has ceased. If the Force Majeure event extends beyond ten (10) consecutive days, forresTech may cease performing its obligations on a permanent basis without compensation or liability.

25. Miscellaneous Provisions

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and forresTech with respect to their subject matter and supersede all prior agreements and understandings.

No Third Party Rights

Except for Apple as permitted by the Apple EULA, no person other than you and forresTech has any rights under these Terms.

Severability

If any provision is held to be unenforceable or unlawful, that provision shall be severed and the remaining provisions will remain in effect. The severed provision may be redrafted to preserve the original intention to the extent permitted by law.

Assignment

forresTech may assign all or part of its rights under these Terms and Conditions, including as part of a reorganisation or sale. You may not assign or transfer your rights or obligations without forresTech’s prior written consent.

Survival

Provisions relating to acceptable use, intellectual property, warranty disclaimer, limitation of liability, indemnity, dispute resolution and governing law survive termination.

Waivers

No waiver or delay in exercising any right or enforcing any obligation constitutes a waiver of any other provision. A waiver is not a continuing waiver unless indicated in writing.

26. Contact Information

forresTech invites Users to send questions, inquiries, feedback and comments regarding Heartbeat Hero or these Terms and Conditions.

Email: aiden@forres.tech
Support: www.forres.tech → Contact section
Postal address: Grove House, West Sleekburn, Choppington, Northumberland, England, NE62 5XE