Last updated: February 16, 2026
1. Acceptance of Terms
By accessing this website or subscribing to OccuPulse services, you agree to be bound by these Terms of Service (“Terms”).
If you do not agree, do not use the website or subscribe to the service.
2. Description of Service
OccuPulse provides weekly, context-aware occupancy analysis and business insights tailored to independent restaurants.
No guarantee of specific frequency beyond “generally weekly”.
No obligation to use specific data sources.
Right to modify analytical methodology.
The website serves as a marketing landing page and redirects users to Stripe for subscription payments.
We reserve the right to modify, suspend, or discontinue any part of the service at any time.
3. Eligibility
The OccuPulse service is exclusively available to entrepreneurs (Unternehmer) within the meaning of §14 German Civil Code (BGB).
Consumers within the meaning of §13 BGB are expressly excluded from using or subscribing to the service.
By subscribing to OccuPulse, the subscriber confirms that:
– they act in the exercise of their commercial or self-employed professional activity;
– the subscription is made for business purposes;
– they are legally authorized to enter into binding contracts on behalf of their business.
OccuPulse reserves the right to request proof of entrepreneurial status at any time.
If a user falsely declares entrepreneurial status, OccuPulse may terminate the contract immediately.
The statutory consumer protection provisions, including but not limited to the right of withdrawal (Widerrufsrecht), do not apply.
Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between the parties.
4. Subscriptions & Billing
a) Subscription Model
OccuPulse is offered as a recurring subscription service billed monthly.
By subscribing, you authorize recurring charges via Stripe until you cancel.
b) Payment Processing
All payments are processed securely by Stripe, Inc. We do not store payment details.
Stripe’s terms and privacy policy apply to payment processing.
c) Auto-Renewal
Subscriptions automatically renew each billing cycle unless canceled before the renewal date.
5. Cancellation & Refunds
You may cancel your subscription at any time through Stripe’s customer portal.
Cancellation prevents future charges but does not retroactively refund prior payments.
Unless otherwise stated, all payments are non-refundable.
6. No Guarantees
OccuPulse provides data-driven insights, forecasts, and analytical recommendations based on publicly available information, historical patterns, and contextual data.
All forecasts, projections, and recommendations are estimates only and are subject to uncertainty, market fluctuations, and external factors beyond our control.
We do not guarantee:
- Specific occupancy levels
- Revenue increases
- Profitability improvements
- Business performance outcomes
The service is provided for informational purposes only and does not constitute financial, legal, or business advice.
All business decisions and their consequences remain solely the responsibility of the subscriber.
7. Intellectual Property
All content, analytics methodologies, reports, branding, and materials provided by OccuPulse remain the intellectual property of:
Frank-Ringo Gutacker
Subscribers may use reports for internal business purposes only.
Redistribution, resale, or commercial reuse is prohibited without written permission.
8. Limitation of Liability
To the maximum extent permitted by applicable law, OccuPulse shall be liable for damages only as follows:
(1) Unlimited Liability
OccuPulse shall be liable without limitation for damages resulting from:
– intent (Vorsatz),
– gross negligence (grobe Fahrlässigkeit),
– injury to life, body, or health,
– claims under the German Product Liability Act (Produkthaftungsgesetz), if applicable.
(2) Ordinary Negligence
In cases of ordinary negligence (einfache Fahrlässigkeit), OccuPulse shall only be liable for the breach of a material contractual obligation (wesentliche Vertragspflicht). A material contractual obligation is an obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance the subscriber regularly relies.
In such cases, liability shall be limited to the foreseeable, typically occurring damage.
(3) Limitation of Amount
In all cases of liability for ordinary negligence, total liability shall be limited to the amount paid by the subscriber during the preceding three (3) months before the event giving rise to the claim.
(4) Exclusion of Further Liability
Any further liability of OccuPulse is excluded.
The above limitations shall also apply to the personal liability of employees, representatives, and agents of OccuPulse.
9. Disclaimer of Warranties
The service is provided “as is” and “as available.”
No guaranteed availability or uninterrupted access.
We make no warranties, express or implied, including:
- Merchantability
- Fitness for a particular purpose
- Accuracy or completeness of forecasts
10. Indemnification
You agree to indemnify and hold harmless OccuPulse and its operators from any claims, liabilities, damages, or expenses arising from:
- Your use of the service
- Your business decisions
- Your violation of these Terms
11. Termination
We reserve the right to suspend or terminate access to the service if:
- Payment fails
- Terms are violated
- Fraud or abuse is suspected
12. Force Majeure
OccuPulse shall not be liable for delays or failure to perform resulting from events beyond its reasonable control, including but not limited to force majeure, internet outages, third-party service interruptions, government actions, or data source unavailability.
13. Governing Law and Jurisdiction
These Terms and any dispute, claim, or controversy arising out of or relating to the use of the OccuPulse service shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
If the customer is a merchant, legal entity under public law, or special fund under public law within the meaning of applicable commercial law, the exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms shall be Potsdam, Germany.
We reserve the right to bring legal proceedings at the customer’s place of business.
The contract language is English. German law governs exclusively.
14. Changes to Terms
We may update these Terms at any time.
Updated versions will be posted on this page with a revised “Last updated” date.
Continued use of the service constitutes acceptance of changes.
15. Severability
If any provision of these Terms is held invalid, the remaining provisions shall remain in full force and effect.
16. Assignment
OccuPulse may assign this agreement to a successor or acquirer of the business.
17. Tax Clarification
All fees are exclusive of applicable taxes. The subscriber is responsible for any VAT, sales tax, or similar charges.
18. Contact Information
Frank-Ringo Gutacker
Mittelstr. 34
14467 Potsdam
Germany
Email: contact@calypsa.de