Terms of Service

Please read these Terms carefully. By accessing or using the Services, you acknowledge that you have read these Terms, that these Terms govern your use of the Services, and that you agree to them. By agreeing to these Terms, you and BreathWise will, as described in section 15 below, first attempt to resolve most disputes with each other informally before pursuing any formal proceeding. If you do not agree to be bound by these Terms, please do not use the Services.

We may also have different or additional terms in relation to some of the Services. Unless we say otherwise in those terms, those terms supplement and are part of these Terms and will control to the extent there is a conflict with these Terms.

Eligibility. You must be 13 years or older to use the Services. If you are under the age of majority where you live, you may only use the Services if your parent or guardian agrees to our Terms. Please read these Terms with them. If you are a parent or legal guardian of a user under the age of majority where you live, you are subject to these Terms and responsible for your child’s activity on the Services.

Account Registration and Security. To use many of the Services, you must register for an account. You must provide accurate account information, keep this information updated, and maintain the security of your account. Notify us immediately by email at phuongtrinh1402x@gmail.com of any unauthorized use of your account or any other breach of security. You are responsible for all activities that occur in connection with your account to the extent permitted by applicable law. You agree not to create an account if we have previously removed you or your account from any of the Services, unless we expressly agree otherwise.

This section provides terms related to the Services that are only available with a paid subscription (“BreathWise Premium”).

Subscriptions are sold and processed by Apple through in-app purchase and are charged to your Apple ID payment method, and are governed by Apple’s payment, billing, and refund terms.

Recurring Subscriptions.

If you purchase a recurring subscription to use BreathWise Premium (“Recurring Subscriptions”), the subscription will be continuous for the subscription period you select and will automatically renew for another subscription period until canceled. Because your subscription is purchased through Apple, Apple will automatically charge your Apple ID payment method at the beginning of each subscription period for the then-current price of your Recurring Subscription, along with any applicable taxes and fees, unless canceled in accordance with section 4(c).

Cancellation.

You must cancel your Recurring Subscription at least 24 hours before the end of your current subscription period to avoid being charged for the next subscription period. Subscriptions purchased through Apple can be managed and cancelled through your Apple ID account settings. You can also contact us by email at phuongtrinh1402x@gmail.com if you need assistance. If you cancel, you are not entitled to a refund for the fees you already paid, but, subject to these Terms, you will continue to receive access to BreathWise Premium until the end of your current subscription period.

Changes.

We may make changes to your Recurring Subscription, including price changes. We will communicate material changes, including any changes to the price, in advance to the email address associated with your account. If you do not agree to those changes, you can cancel your subscription as described in section 4(c).

Promotional Offers.

We may offer a promotional offer, such as a trial period or initial discount (each a “Promotional Offer”), subject to any additional terms we describe in the particular offer. Unless stated otherwise, Promotional Offers are only for new customers who have not previously subscribed to BreathWise Premium, and we may determine your eligibility and modify or cancel a Promotional Offer at any time. Because your subscription is purchased through Apple, once your promotional period ends Apple will begin billing your Apple ID payment method on a recurring basis at the then-current price unless you cancel in accordance with section 4(c) at least 24 hours before the end of the promotional period.

Refunds. You will not have the right to receive a refund for any amounts paid to us unless otherwise required by applicable law. Subscriptions purchased through Apple are subject to Apple’s refund policy, and refund requests for those purchases must be made to Apple.

Future Functionality. Your purchases are not contingent on the delivery of any current or future functionality, content, or features, or dependent on any oral or written public comments made by BreathWise regarding such functionality or features.

BreathWise Services Ownership. Subject to the limited license rights granted under these Terms, BreathWise and its licensors exclusively own all right, title, and interest in and to the Services, including all text, graphics, images, audio, video, or other materials made available via the Services, and all associated intellectual property rights. You will not remove, alter, or obscure any proprietary rights notices, and you will not reproduce, modify, create derivative works of, distribute, or publicly display any part of the Services except as necessary for your permitted use.

Limited License Granted by BreathWise. Subject to your compliance with these Terms, BreathWise grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services, and to download and install a copy of any mobile app we distribute through an app store on a device that you own or control, solely for your personal, non-commercial purposes. Any other use is prohibited and will terminate this license. Subject to your device configuration, you authorize us to automatically install updates to our mobile apps.

Your Content. If you submit content through the Services (such as reviews, ratings, or reflections), you keep ownership of it. You grant BreathWise a non-exclusive, worldwide, royalty-free license to use, store, display, reproduce, and distribute that content in connection with operating, improving, and promoting the Services. You are responsible for the content you submit and represent that you have the rights to share it and that it does not violate the rights of others.

The Services may contain information about, and links to, third-party products, services, websites, or resources (collectively, “Third-Party Content”). We provide Third-Party Content only as a convenience and do not control or endorse, and make no representations or warranties regarding, any Third-Party Content. To the extent permitted by applicable laws, you acknowledge sole responsibility for, and assume all risk arising from, your access to and use of such Third-Party Content.

You are responsible for your content and conduct while using the Services. You agree not to:

• break the law or infringe, misappropriate, or violate the intellectual property, privacy, or other rights of others;
• submit content that is unlawful, infringing, deceptive, harassing, hateful, threatening, obscene, or otherwise harmful;
• upload viruses or harmful code, or attempt to disrupt, overload, damage, or gain unauthorized access to the Services or related systems;
• reverse engineer, decompile, scrape, or circumvent any security or technological measures protecting the Services, except where such a restriction is prohibited by applicable law; or
• use another person’s account without permission, or help anyone do any of the above.

We are not obligated to monitor content, but we may remove content or suspend or terminate accounts that we believe violate these Terms, to the extent permitted by applicable law.

BreathWise includes optional community rooms where you can chat with other members. If you choose to participate, the content you post — including your messages, emoji reactions, and the display name and avatar you select — is visible to other members of that room. Please do not share private or sensitive information you would not want others to see.

You control whether to join a room and what you post. You can report a message or block another member at any time by long-pressing a message in the chat. We store reports so we can review and act on them, and we may remove content or restrict accounts that violate our Terms of Service. We have zero tolerance for objectionable content and abusive behavior.

Your display name and avatar are chosen by you from in-app options and are not linked to your email address for other members. You can delete your account and associated content at any time under Settings > Account > Delete Account.

We may suspend or terminate your access to the Services or your account if you violate these Terms or if we are required to do so by law, in each case to the extent permitted by applicable law.

You may delete your account and associated data at any time directly in the app, under Settings > Account > Delete Account. If you need help, you can also contact us at phuongtrinh1402x@gmail.com. Deleting your account does not cancel any active subscriptions; you must cancel those separately as stated in section 4(c), including through your Apple ID account settings for subscriptions purchased through Apple.

Upon any termination, discontinuation, or cancellation of the Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Your use of the Services is at your sole risk. Except as otherwise provided in writing by us and to the extent permitted by applicable laws, the Services are provided “as is” and “as available” without warranties of any kind, express or implied. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.

We make no representation or warranty that the Services will meet your requirements or be available on an uninterrupted or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any of the Services. You assume the entire risk as to the quality and performance of the Services to the extent permitted by applicable law.

• the Services are provided for informational purposes only and are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, or to be a substitute for professional medical care;
• BreathWise is not a licensed medical care provider and does not engage in, and has no expertise in, diagnosing, examining, or treating medical conditions of any kind, or in prescribing treatments or determining the effect of any specific treatment on a medical condition;
• BreathWise does not provide emergency services and is not obligated to contact you or anyone on your behalf with respect to your medical condition or treatment;
• BreathWise is not responsible for the accuracy, reliability, effectiveness, or correct use of any of the Services;
• You should always consult a medical professional if you have any questions regarding a medical condition; and
• You should never disregard professional medical advice or delay in seeking it because of something you have read or received using the Services.

Not all activities described as part of the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You are solely responsible for your use of the Services.

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless BreathWise from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of your use of the Services, the content you submit, or your violation of these Terms or the rights of others. This does not apply to the extent a claim results from our own conduct, and nothing in this section limits any mandatory rights you have as a consumer under applicable law.

To the fullest extent permitted by applicable law, neither BreathWise nor any other party involved in creating, producing, or delivering the Services will be liable for any incidental, special, exemplary, or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure, or the cost of substitute Services arising out of or in connection with these Terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not BreathWise has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Unless such limits are prohibited by applicable law, in no event will BreathWise’s total liability arising out of or in connection with these Terms or from the use of or inability to use the Services exceed the greater of: (a) the amounts you have paid to BreathWise for use of the Services; or (b) fifty U.S. dollars (US$50). The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between BreathWise and you.

We want to address your concerns without resorting to a formal legal proceeding. If you have a dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (collectively, “Disputes”), you agree to first contact us and attempt to resolve the Dispute informally.

To begin, send a written description of your Dispute, your contact details, and the relief you are seeking to us by email at phuongtrinh1402x@gmail.com or by mail at FPT Plaza, Hoa Hai, Ngu Hanh Son, Da Nang. You and BreathWise agree to negotiate in good faith for at least thirty (30) days after such notice before either party initiates any formal proceeding.

If the Dispute is not resolved within that period, either party may pursue the Dispute before the courts of competent jurisdiction identified in section 16. Nothing in this section limits either party’s right to (a) bring an individual claim in small claims court, or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property or other rights.

Nothing in these Terms requires you to give up any mandatory rights you have under the consumer protection or other laws of your country or place of residence, including any right to bring proceedings in your local courts or to refer a Dispute to a competent consumer authority or alternative dispute resolution body.

These Terms and any Dispute arising out of or relating to them or the Services will be governed by the laws of the jurisdiction in which the operator of the Services is established, without regard to its conflict of laws provisions, and the courts of that jurisdiction will have jurisdiction over any Dispute.

If you are an individual consumer, the foregoing does not deprive you of the protection afforded by mandatory provisions of the law of your country or place of residence. Where required by applicable consumer law, these Terms will instead be governed by the law of, and any Dispute may be brought in the courts of, your place of residence.

We may change or discontinue any or all or any parts of the Services, at any time and without notice, at our sole discretion, for any purpose, including to make improvements, address technical needs, and help prevent damage to users or the Services. You also have the right to stop using the Services at any time. To the extent permitted by applicable laws, we are not responsible for any loss or harm related to your inability to access or use the Services.

We may make changes to these Terms by notifying you of the changes, including by posting the revised Terms on the applicable Services or providing additional notice (like by email or via in-service message). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Except as specified in section 15, disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. Unless we indicate otherwise in our notice, your use of the Services following the effective date of any changes to these Terms will constitute your acceptance of such changes. If you do not agree to the updated Terms, you should terminate your account and stop using the Services.

These Terms constitute the entire and exclusive understanding and agreement between BreathWise and you regarding the Services and supersede any prior understandings or agreements. If any provision of these Terms is held unlawful, invalid, or unenforceable, it will be enforced to the maximum extent permissible and severed from these Terms, and the remaining provisions will remain in full force and effect.

You may not assign or transfer any of your rights or obligations under these Terms without BreathWise’s prior written consent, and any attempt to do so will be void. We may freely assign our rights and obligations. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

These Terms are in the English language; any translations are provided for your convenience only. The section titles are for convenience only and have no legal effect. You agree that communications and transactions between us may be conducted electronically.

If you have questions about these Terms or the Services, please contact BreathWise by email at phuongtrinh1402x@gmail.com or write to us at FPT Plaza, Hoa Hai, Ngu Hanh Son, Da Nang.

The following provisions apply if you are accessing or using our mobile app on an Apple Inc. (“Apple”) branded mobile device. These Terms, including this section, constitute a custom EULA for any BreathWise mobile app for purposes of Apple’s agreements and you acknowledge that Apple’s standard EULA will not apply.

Acknowledgement. The Terms are concluded between BreathWise and you only, and not with Apple, and, as between Apple and us, we are solely responsible for our app and the content thereof.

Scope of License. The license granted to you for our app under section 6 of the Terms is limited to a non-transferable license to use our app on any Apple-branded products that you own or control and as permitted by the Apple Usage Rules set forth in the App Store Terms of Service.

Maintenance. We are not obligated to provide any support or maintenance services for our app except as required by law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our app.

Warranty. We are solely responsible for any warranties, whether express or implied by law to the effect not effectively disclaimed under section 11 of the Terms. In the event of any failure of our app to conform to any applicable warranty not effectively disclaimed under section 11, you may notify Apple, and Apple will refund the purchase price (if any) for our app; and you agree that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

Liability. Subject to section 14 of the Terms, we, and not Apple, are responsible for addressing any claims of yours or any third-party relating to our app or your possession and/or use of that app, including: (i) product liability claims; (ii) any claim that our app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

IP Claims. Subject to section 14 of the Terms, in the event of any third-party claim that our app or your possession and use of our app infringes any third-party’s intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Legal Compliance. You represent and warrant that you (i) are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) are not listed on any U.S. Government list of prohibited or restricted parties.

Name and Address. If you have any questions, complaints, or claims with respect to our app, they should be directed to us as specified in section 20.

Third-Party Beneficiaries. Apple and its subsidiaries are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

1. Rights that Cannot be Excluded

If you are located in a country which provides consumer guarantees or imposes obligations on us which cannot be excluded, restricted, or modified, or only to a limited extent, then nothing in these Terms is intended to exclude, restrict, or modify such mandatory guarantees or obligations.

2. Consumer Governing Law

If you are an individual consumer located in a jurisdiction that requires consumer contracts to be governed by local law or prohibits an exclusive foreign jurisdiction, these Terms and any related action will be governed by the laws, and subject to the courts, of the jurisdiction where you are located, to the extent required by local law.