Terms Of Service

Terms of Service

Last updated: February 16, 2026

1. Scope and Acceptance

These Terms of Service (“Terms”) govern the use of the OccuPulse service and website.

By accessing the website or subscribing to OccuPulse, you agree to these Terms.
If you do not agree, you must not use the service.

2. Description of Service

OccuPulse provides data-driven occupancy forecasts and operational insights for independent restaurants.

The service is provided on a best-effort basis.
No specific update frequency is guaranteed, although delivery is generally performed weekly.

OccuPulse reserves the right to modify, improve, suspend, or discontinue any part of the service at any time.

3. Eligibility (B2B Only)

The OccuPulse service is exclusively available to entrepreneurs (Unternehmer) within the meaning of §14 BGB.

Consumers (§13 BGB) are excluded.

By subscribing, the user confirms that:

  • they act in a professional or commercial capacity
  • the subscription is for business purposes
  • they are authorized to enter into binding agreements

OccuPulse may request proof of business status.

If false information is provided, OccuPulse may terminate the contract.

4. Contract Formation

The presentation of the service on the website does not constitute a binding offer.

A contract is formed when:

  • the user completes the subscription process via Stripe, and
  • OccuPulse confirms the subscription or begins service delivery.

5. Subscription and Payment

OccuPulse is offered as a recurring monthly subscription.

Payments are processed via Stripe, Inc.
OccuPulse does not store payment data.

Subscriptions renew automatically unless cancelled before the renewal date.

6. Cancellation

Subscriptions may be cancelled at any time via the customer portal.

Cancellation applies to future billing periods only.

Payments already made are non-refundable unless required by law.

7. Nature of the Service

OccuPulse provides analytical insights based on data, models, and external inputs.

All outputs are:

  • estimates
  • subject to uncertainty
  • dependent on external factors

The service does not constitute financial, legal, or business advice.

All business decisions remain the sole responsibility of the subscriber.

8. Intellectual Property

All content, models, methodologies, and materials remain the intellectual property of:

Frank-Ringo Gutacker

Use is limited to internal business purposes.

Redistribution, resale, or external publication is not permitted without prior written consent.

9. Liability

To the extent permitted by applicable law:

(1) Unlimited liability applies in cases of:

  • intent
  • gross negligence
  • injury to life, body, or health
  • statutory liability (e.g. Product Liability Act)

(2) In cases of ordinary negligence, liability is limited to breaches of essential contractual obligations (Kardinalpflichten).

(3) Liability for ordinary negligence is limited to foreseeable, typical damage.

(4) Total liability in such cases is limited to the subscription fees paid in the three (3) months preceding the event.

(5) Any further liability is excluded.

10. Availability

OccuPulse does not guarantee uninterrupted or error-free availability.

Temporary outages, delays, or data inconsistencies may occur.

11. Indemnification

The subscriber shall indemnify OccuPulse against claims arising from:

  • misuse of the service
  • violation of these Terms
  • unlawful business activities of the subscriber

12. Termination

OccuPulse may suspend or terminate access if:

  • payment fails
  • Terms are violated
  • misuse or abuse is detected

13. Force Majeure

OccuPulse shall not be liable for failure or delay caused by events beyond reasonable control, including:

  • infrastructure outages
  • third-party service failures
  • data source interruptions
  • governmental actions

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany.

If the customer is a merchant, the place of jurisdiction is Potsdam, Germany.

OccuPulse reserves the right to bring claims at the customer’s place of business.

15. Changes to Terms

OccuPulse may update these Terms at any time.

Continued use constitutes acceptance of the updated Terms.

16. Severability

If any provision is invalid, the remaining provisions remain unaffected.

17. Assignment

OccuPulse may transfer this agreement in connection with a business transfer.

18. Taxes

All prices are exclusive of applicable taxes.

OccuPulse applies the German small business regulation (§19 UStG).

Where applicable, the reverse charge mechanism applies.

Subscribers are responsible for their tax obligations.

19. Contact

OccuPulse Ltd
7533 S Center View Ct Ste N
West Jordan, UT 84084
United States

Email: support@occupulse.net