Terms of Service

Last Updated: July 15, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Pivot App, the Fulcrum X1 device, the Fulcrum website, and all related services (collectively, the "Services"). These Terms constitute a legally binding agreement between you and Fulcrum. By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Services.

2. Eligibility

You must have the legal capacity to enter into a binding agreement. If you are under the age of majority, you may only use the Services with the permission and supervision of a parent or guardian where required by law. You are responsible for complying with all applicable local laws when using the Services.

3. Your Fulcrum Account

To access certain features, you may need to create a Fulcrum account. You agree to provide accurate, current, and complete information, keep your login credentials secure, and be responsible for all activity that occurs under your account. You agree to notify Fulcrum promptly of any unauthorized access to or use of your account.

4. The Fulcrum X1 and Pivot App

4.1 Device Description and Requirements

The Services include the Fulcrum X1 wearable device, the Pivot App, associated firmware, and the Fulcrum website. The Fulcrum X1 is designed for use with the Pivot App on a compatible mobile device. Some features require a Bluetooth connection, an internet connection, or both.

4.2 Updates and Changes

Fulcrum may provide firmware updates, app updates, and feature changes for the Fulcrum X1 and Pivot App at any time. Some updates may be required to continue using the device or certain features. Services and features may be unavailable during maintenance or updates. The functionality and availability of the Services may change over time.

4.3 Safe Use

You agree to use the Fulcrum X1 only in accordance with the product documentation, safety instructions, and any user manual. Do not use the device if it appears damaged, defective, or unsafe. Do not disassemble, modify, tamper with, or attempt to repair the device yourself. Misuse, unauthorized modification, or use contrary to the documentation is at your own risk. You are responsible for ensuring the device is used safely and in accordance with all applicable laws and regulations.

5. Health & Wellness Disclaimer

The Services and the Fulcrum X1 are not medical devices and have not been approved by the U.S. Food and Drug Administration. They are not intended for the diagnosis, treatment, cure, or prevention of any disease or medical condition. Do not rely on data or insights from the Fulcrum X1 or Pivot App to make medical decisions. Always consult a qualified healthcare professional before making health-related decisions. If you experience skin irritation, discomfort, dizziness, or any other adverse reaction while using the device, discontinue use immediately and consult a healthcare professional. In the event of a medical emergency, contact emergency services immediately.

6. Data & Privacy

Your use of the Services is governed by our Privacy Policy. By using the Services, you consent to the collection, use, processing, and sharing of your data as described in the Privacy Policy.

7. User Responsibilities

You agree not to:

- Violate any applicable law or regulation.
- Attempt to hack, disrupt, or interfere with the Services.
- Use the Services in a manner that could damage, disable, overburden, or impair the Services or interfere with another user's use of the Services.
- Reverse engineer, decompile, or disassemble the software or firmware, except to the extent expressly permitted by applicable law.
- Circumvent or disable any security features.
- Upload or transmit malware, viruses, or other harmful code.
- Impersonate any person or entity.
- Abuse, harass, or misuse support services.
- Interfere with Bluetooth communications or protocols.
- Misuse, modify, disassemble, tamper with, or attempt to repair the Fulcrum X1 hardware or firmware.
- Attempt to change, replace, or load unauthorized firmware or software on the Fulcrum X1.
- Connect the Fulcrum X1 to unauthorized applications, services, or third-party software not approved by Fulcrum.
- Use the device in any manner that conflicts with the product documentation or safety instructions.
- Bypass or disable any device security, authentication, or pairing protections.
- Misuse any application programming interfaces (APIs) or developer tools we provide.

8. Intellectual Property

Fulcrum owns or licenses all rights, title, and interest in and to the Fulcrum X1 hardware, firmware, Pivot App, software, website, logos, trademarks, graphics, documentation, algorithms, and other materials made available through the Services (collectively, "Fulcrum Materials"). Nothing in these Terms grants you any right, title, or interest in or to any Fulcrum Materials, including any patent, copyright, trademark, trade secret, or other intellectual property right. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services in accordance with these Terms.

9. User Feedback

If you submit ideas, feature requests, bug reports, suggestions, or other feedback to Fulcrum, you grant Fulcrum a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate that feedback without compensation or attribution. Fulcrum may use your feedback for any purpose without restriction.

10. Software Updates

Fulcrum may push firmware updates, app updates, or other software updates, and may change, remove, or add features, or fix bugs at any time. Some updates may be required to continue using the Services or certain features. Some updates may automatically install when your device is connected. By using the Services, you consent to the installation of such updates.

11. Beta Features

Certain features may be identified as Beta, Preview, Experimental, or Early Access features. These features may be incomplete, contain bugs, or change without notice. Fulcrum makes no guarantees regarding the availability, reliability, or continued support of Beta features.

12. Availability

The Services may be interrupted, suspended, or delayed due to maintenance, bugs, network outages, third-party failures, or other causes beyond our control. Fulcrum does not guarantee uninterrupted, timely, secure, or error-free availability of the Services.

13. Purchases

Purchases, refunds, shipping, and warranty terms are governed by our separate purchase, refund, shipping, and warranty policies, which are incorporated by reference. Please review those policies before making any purchase.

14. Third-Party Services

The Services may rely on or integrate with third-party services and technologies, including but not limited to Apple, Google, Bluetooth, and authentication providers. Fulcrum is not responsible for the availability, performance, or terms of these third-party services.

15. Warranty Disclaimer

The Services, including the Fulcrum X1 device, firmware, and Pivot App, are provided "As Is" and "As Available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, reliability, or non-infringement, except to the extent prohibited by applicable law. We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components.

16. Limitation of Liability

To the fullest extent permitted by applicable law, Fulcrum, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost data, lost profits, device issues, device failure, or other damages arising out of or related to your use of or inability to use the Services, even if advised of the possibility of such damages. Fulcrum's total liability for any claim arising out of or relating to these Terms or the Services shall not exceed the amount paid by you for the Services during the twelve (12) months preceding the event giving rise to the claim.

17. Indemnification

You agree to indemnify, defend, and hold harmless Fulcrum and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your misuse of the Services, misuse of the Fulcrum X1 device, or your violation of these Terms.

18. Termination

Fulcrum may suspend or terminate your access to the Services at any time, with or without notice, for fraud, abuse, violation of these Terms, illegal activity, or any other reason. You may stop using the Services at any time.

19. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Delaware.

20. Changes to These Terms

Fulcrum may modify these Terms at any time. When we do, we will update the effective date at the top of this page. Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.

21. Electronic Communications

By creating a Fulcrum account and using the Services, you consent to receive communications from us electronically, including emails, in-app notifications, push notifications, and legal notices. You agree that any notices, agreements, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

22. Export Compliance

You agree not to use, export, re-export, or transfer the Services, the Fulcrum X1, or any related software or technology in violation of U.S. export control laws or any other applicable export and import laws. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo or sanctions, and that you are not listed on any U.S. government list of prohibited or restricted parties.

23. Force Majeure

Fulcrum will not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from causes beyond Fulcrum's reasonable control, including but not limited to internet outages, cloud failures, wars, fires, and natural disasters.

24. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by Fulcrum on the Services, constitute the entire agreement between you and Fulcrum concerning the Services and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, regarding the Services.

25. Contact Information

If you have any questions about these Terms, please contact us:

Fulcrum Wearable Technologies, Inc.

- Email: legal@fulcrumwearables.com
- Website: fulcrumwearables.com
- Mailing Address:
  169 Madison Avenue #11240  
  New York, NY 10016  
  US