1. General information
1.1 Breathing App Services
Whenever these Terms refer to “we,” “Breathing App,” or “TBA,” it means Breathing App, LLC, located at the business address 11 Waverly Place #PHA, 10003 New York, NY, United States of America.
Breathing App’s websites include thebreathing.app and www.breathingmed.com (collectively, the “Websites”). Breathing App’s mobile applications include The Breathing App and The Breathing App for Diabetes (collectively, the “Apps”). Collectively, the Website and Apps are referred to as the “Service” or “Services.”
1.2 Basis of License
These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply our Services.
Our contact email address is hi@thebreathing.app. All correspondence to the Breathing App, including any queries regarding your use of the Services or these Terms, should be sent to this contact email address.
Please read these Terms carefully before using the Services. By accessing, browsing, or using the Services (including your submission of information to the website), you acknowledge that you have read, understood, and agreed to be bound by these Terms, including the Privacy Policy, and to comply with all applicable laws and regulations. You agree that the Terms, combined with your act of using the Services, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms because it was electronically transmitted or authorized.
1.3 Changes to the Terms
Breathing App reserves the right to change or update these Terms, or any other of our policies or practices, at any time and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to thebreathing.app. Your continued use of the Services constitutes your agreement to abide by the Terms as changed. Under certain circumstances, we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-ups or push notifications within the Services or email.
2. Medical Disclaimer
Breathing App provides online and mobile educational, breathwork, mindfulness, and movement content in the health & wellness space. We are not a health care or medical device provider, nor should our Services be considered medical advice. Only your physician or other health care provider can do that. The Apps do not replace psychological, psychiatric, therapeutic, or other professional diagnosis and/or treatment by trained professionals.
You are solely responsible for deciding which of the suggested techniques in the Breathing App and Breathing App for Diabetes are put into practice and the manner in which those techniques are applied.
3. Use of Our Services
3.1 Your Obligations
Use the Services only for Your personal health and well-being in accordance with this agreement. Ensure that Your use of the Services complies with all applicable laws, regulations, and codes of conduct. Cease using the Breathing App when you begin experiencing any feeling of mental or physical discomfort in connection with Your use of the Services, and must immediately seek professional help from a trained specialist in such circumstances. Do not permit any other person to use the Breathing App using Your Authentication Credentials. Not modify, adapt, translate, reverse engineer, decompile, disassemble, or copy all or any part of the Breathing App and not create derivative works from all or any part of the Services.
3.2 Usage term and termination
You can use our free Services without any time restriction. We reserve the right to temporarily lock out Users at any time for cause (at our discretion) or to permanently exclude them from using our Services.
3.3 License and the granting of rights
With your registration and activation, you acquire the non-exclusive, non-transferable, revocable, but geographically unrestricted right to use our Services for your own purposes subject to the Terms. Our Services or parts thereof may not be copied, modified, reproduced, republished, posted, transferred, sold, offered for sale, resold, or used in any other way without our prior written consent. Users are not permitted to use brands, logos, other commercial property rights, or trademark rights of the Breathing App. Unless otherwise provided by these Terms, all of the usage and exploitation rights are owned exclusively by Breathing App or an affiliated company, and there is no licensing of any kind for our Services.
The following terms and conditions apply to you only if you are using the Apps from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and Breathing App, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and Breathing App acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Breathing App acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, Breathing App, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third-party terms of agreement when using any App. You and Breathing App acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms and Conditions as they relate to your license of the Apps and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof. For more information, please read the App Store's Licensed Application End User License Agreement: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/ 3.4 In-App Purchases
If you purchase an auto-renewing periodic subscription through the Service, your The Breathing App for Diabetes account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to go to your Google Play or Apple App Store account and change or terminate your subscription there.
You agree to pay all fees and applicable taxes incurred by you or anyone using The Breathing App for Diabetes account registered to you. Breathing App may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions, or other monetary transaction interactions.
3.5 Payment Processors
All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third parties. In no event will Breathing App be responsible for the actions or inactions of any third-party payment processor, including, but not limited to, system downtime or payment service outages.
3.6 Availability of Our Services
Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements, and we cannot guarantee that the Services will be fault-free. If a fault occurs in the Services, please report it to us at support@thebreathing.app, and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Services while we address the fault. We will not be liable to you if the Services are unavailable for a commercially reasonable period of time. Your access to the Services may be occasionally restricted to allow for repairs, maintenance, or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can.
3.7 Termination
We may, by written notice to You, terminate this agreement with immediate effect if: a) You fail to comply with any written notice issued by Us requiring You to remedy a breach, non-observance, or non-performance of Your obligations under this agreement within seven days of receiving that notice from Us; or b) You commit a breach of this agreement which is incapable of remedy.
4. Children’s information
The Breathing App is not directed to children under 18 years of age or minors, and We do not knowingly collect personally identifiable information from children under 18 years of age. Persons under 18 years of age should not use this application without their parent's or guardians' consent, nor should they provide personal information to Us through Breathing App. If We become aware that a child under the age of 18 has provided their personal information, We will immediately delete that child’s information from Our files.
5. Intellectual Property
Unless otherwise noted, all Content and Services, whether publicly posted or privately transmitted, as well as all derivative works, are property owned, controlled, licensed, or used with permission by Breathing App. The Services as a whole and the Contents are protected by copyright, trademark, trade dress, and other laws. All worldwide rights, titles, and interests in and to the Services and Contents are owned by Breathing App or used with permission. The Website, the Website’s logos, the Apps, the Apps’ logos, and all other trademarks appearing on the Content and Services are trademarks of Breathing App or are licensed or used with permission of the owner by Breathing App. You agree not to display or use such trademarks without Breathing App’s prior written permission. Breathing App disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than its own.
