BreatheOut

1. Agreement to Terms

By downloading, installing, accessing, or using the BreatheOut - Daily AntiStress mobile application ("App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the App.

These Terms constitute a legally binding agreement between you and the App developer ("we," "us," or "our"). We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the App after any such modifications constitutes your acceptance of the modified Terms.

2. Description of Service

BreatheOut is a mobile application designed to help users manage stress and anxiety through guided breathing exercises, meditation techniques, and wellness tracking features. The App provides:

• Guided breathing exercises with customizable parameters
• Background sounds and ambient audio
• Session tracking and progress analytics
• Mood tracking and correlation analysis
• Customizable reminders and notifications
• Premium features available through subscription

3. Subscription Terms

3.1 Auto-Renewable Subscriptions

The App offers premium features through auto-renewable subscriptions:

• Monthly Subscription: $3.99 per month
• Yearly Subscription: $29.99 per year

3.2 Free Trial

New users may be eligible for a 14-day free trial period. The trial period:

• Starts immediately upon subscription activation
• Provides full access to premium features during the trial
• Automatically converts to a paid subscription at the end of the trial period
• Is available only once per user account

3.3 Subscription Renewal and Cancellation

Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. To cancel your subscription:

• iOS: Go to Settings → [Your Name] → Subscriptions → BreatheOut → Cancel Subscription
• You may cancel at any time, and cancellation will take effect at the end of the current billing period
• You will continue to have access to premium features until the end of the current billing period
• No refunds will be provided for the current billing period

3.4 Price Changes

We reserve the right to change subscription prices at any time. Price changes will be communicated to you in advance and will apply to subsequent billing periods. Your continued use of the subscription after a price change constitutes acceptance of the new price.

4. Payment Terms

All subscription payments are processed through the Apple App Store. By subscribing, you agree to:

• Pay all charges associated with your subscription
• Provide accurate payment information
• Authorize Apple to charge your payment method
• Accept Apple's payment terms and conditions

All prices are displayed in USD and may vary by region. Taxes may apply based on your location.

5. User Accounts

To access certain features of the App, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

6. Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the App in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to the App or its systems
• Interfere with or disrupt the App's functionality
• Reverse engineer, decompile, or disassemble the App
• Copy, modify, or create derivative works of the App
• Use the App to transmit harmful code or malware
• Impersonate others or provide false information

7. Intellectual Property

The App, including all content, features, functionality, and design, is owned by us and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.

You may not:

• Reproduce, distribute, or publicly display the App or its content
• Modify, adapt, or create derivative works
• Remove or alter any copyright or proprietary notices
• Use our trademarks or logos without permission

8. User Content

The App may allow you to create, upload, or share content, including session data, mood entries, and preferences. You retain ownership of your content but grant us a license to:

• Store and process your content to provide the App's services
• Use anonymized, aggregated data for analytics and improvement
• Back up your data to prevent loss

You are solely responsible for your content and agree not to upload content that:

• Violates any laws or rights of others
• Is offensive, harmful, or inappropriate
• Contains viruses or malicious code
• Infringes on intellectual property rights

9. Privacy

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to our Privacy Policy.

Privacy Policy: https://realightua.github.io/breatheout-privacy-policy/privacy-policy.html

10. Disclaimers

THE APP IS 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, OR NON-INFRINGEMENT.

We do not warrant that:

• The App will be uninterrupted, secure, or error-free
• Defects will be corrected
• The App is free of viruses or harmful components
• The results obtained from using the App will be accurate or reliable

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the App
• Any unauthorized access to or use of our servers or data
• Any interruption or cessation of transmission to or from the App
• Any bugs, viruses, or other harmful code
• Any errors or omissions in any content

Our total liability to you for all claims arising from or related to the App shall not exceed the amount you paid for the App or subscription in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless us and our 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 use of the App
• Your violation of these Terms
• Your violation of any rights of another
• Your content

13. Termination

We may terminate or suspend your access to the App immediately, without prior notice, for any reason, including:

• Violation of these Terms
• Fraudulent or illegal activity
• Request by law enforcement
• Extended periods of inactivity

Upon termination:

• Your right to use the App will immediately cease
• We may delete your account and data
• You remain responsible for any outstanding charges

You may terminate your account at any time by deleting the App or contacting us.

14. Third-Party Services

The App may integrate with third-party services, including:

• Apple App Store: For subscription management and payments
• Firebase: For authentication, data storage, and analytics

Your use of third-party services is subject to their respective terms and conditions. We are not responsible for the availability, accuracy, or practices of third-party services.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms in the App
• Updating the "Last Updated" date
• Providing notice through the App or email (if available)

Your continued use of the App after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the App and cancel your subscription.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the App developer operates, without regard to its conflict of law provisions.

17. Dispute Resolution

Any disputes arising from or related to these Terms or the App shall be resolved through:

• Good faith negotiation
• Mediation (if negotiation fails)
• Binding arbitration (if mediation fails)

You agree to waive any right to a jury trial or class action lawsuit.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements and understandings.

20. Contact Information

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

Email: realightua@gmail.com

We typically respond within 24-48 hours.