Terms of Use

These Terms of Use ("Terms") are a legally binding agreement between you and Koviez ("Company," "we," "us," or "our") governing your access to and use of the Breathly mobile application and any associated website (collectively, the "Service").

By downloading, installing, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Service.

We may update these Terms at any time. Continued use after the updated Effective Date constitutes acceptance of the revised Terms.

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that:

• You are at least 13 years old;
• If you are between 13 and 18, you have obtained verifiable parental or guardian consent;
• You have the legal capacity to enter into a binding agreement; and
• Your use of the Service is not prohibited by applicable law.

The Service is intended for use by residents of the United States. We make no representation that the Service is appropriate or available in other locations.

Breathly is not a medical device and does not provide medical advice, diagnosis, or treatment. The breathing exercises and techniques offered through the Service are for general wellness and educational purposes only. They are not intended to diagnose, treat, cure, or prevent any disease or health condition, and they do not constitute the practice of medicine, nursing, or any other licensed healthcare profession.

Always consult a qualified healthcare provider before starting any new breathing exercise program, particularly if you have a respiratory condition (e.g., asthma, COPD), cardiovascular condition, anxiety disorder, epilepsy, or any other health concern that may be affected by controlled breathing.

Stop use immediately and seek medical attention if you experience dizziness, lightheadedness, fainting, shortness of breath, chest pain or tightness, numbness, tingling, or any other unusual or concerning symptom.

If you are experiencing a medical emergency, call 911 (or your local emergency services) immediately. Do not use this Service in an emergency.

Certain features of the Service may require you to create an account. If you register an account, you agree to:

• Provide accurate, current, and complete registration information;
• Maintain and promptly update your information to keep it accurate;
• Keep your login credentials confidential and not share them with any third party; and
• Notify us immediately at contact@koviez.com if you suspect unauthorized access to your account.

You are solely responsible for all activity that occurs under your account. We are not liable for any loss or damage resulting from your failure to safeguard your credentials.

Breathly may offer optional premium features through a paid subscription ("Premium"). All in-app purchases and subscriptions are processed exclusively through Apple, Inc. via Apple In-App Purchase ("IAP"). Apple acts as the merchant of record for all such transactions.

5.1 Billing and Auto-Renewal

Subscription fees are charged to your Apple ID account at confirmation of purchase. Subscriptions automatically renew at the end of each billing period (monthly or annual, as selected) unless you cancel at least 24 hours before the end of the current period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period at the then-current subscription price.

5.2 Free Trials

If a free trial is offered, it will begin immediately upon activation. Any unused portion of a free trial will be forfeited when you purchase a subscription. At the end of the free trial, your subscription will automatically begin and your Apple ID will be charged unless you cancel before the trial period ends.

5.3 Cancellation

You may cancel your subscription at any time by managing your subscriptions in your Apple ID account settings (Settings > [your name] > Subscriptions on iOS). Cancellation takes effect at the end of the current billing period; you will retain access to Premium features until that date. We do not issue partial refunds for unused subscription periods.

5.4 Refunds

All purchases are final. Refund requests are handled solely by Apple in accordance with Apple's refund policies. To request a refund, visit reportaproblem.apple.com.

5.5 Price Changes

We reserve the right to change subscription pricing at any time. You will be notified of any price change in advance and will have an opportunity to cancel before it takes effect.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial wellness purposes, subject to these Terms.

You agree not to:

• Use the Service while operating a motor vehicle, heavy machinery, or in any situation where impaired attention could cause injury;
• Use the Service as a substitute for emergency medical care or professional medical advice;
• Reverse-engineer, decompile, disassemble, or attempt to derive source code from the Service;
• Copy, reproduce, distribute, or create derivative works of any portion of the Service without our written consent;
• Remove or obscure any proprietary notices or labels on the Service;
• Use automated tools, bots, or scripts to access or scrape the Service;
• Transmit any malicious code, viruses, or disruptive content;
• Use the Service for any unlawful purpose or in violation of applicable laws or regulations; or
• Attempt to gain unauthorized access to any portion of the Service or its related systems.

The Service and all of its content, features, and functionality — including but not limited to text, graphics, logos, audio, video, animations, software, and the selection and arrangement thereof — are owned by Koviez or its licensors and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Nothing in these Terms transfers any intellectual property rights to you. The Breathly name, logo, and all related product and service names are trademarks of Koviez. You may not use our marks without our prior written permission.

If you submit feedback, suggestions, ideas, bug reports, or other communications to us ("Feedback"), you grant Koviez a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, and distribute the Feedback in any medium and for any purpose, including improving the Service, without compensation to you.

You represent that any Feedback you provide does not violate the rights of any third party.

The Service integrates with Apple Health (HealthKit) with your explicit permission and may contain links to third-party websites or services. These integrations and links are provided for convenience only. We do not control, endorse, or assume any responsibility for the content, privacy policies, or practices of any third-party service.

Your use of any third-party service is governed by that service's own terms and privacy policy. We encourage you to review them before use.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN SUCH CASES, THE ABOVE EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KOVIEZ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES — ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

You agree to indemnify, defend, and hold harmless Koviez and its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or related to:

• Your use of or access to the Service;
• Your violation of these Terms;
• Your violation of any third-party right, including any intellectual property or privacy right; or
• Any Feedback you provide.

We may suspend or terminate your access to the Service, in whole or in part, at our sole discretion, at any time and without notice, for conduct that we determine: (a) violates these Terms; (b) is harmful to other users, third parties, or us; or (c) is otherwise objectionable or unlawful.

You may stop using the Service at any time. If you have a paid subscription, cancellation is governed by Section 5.3 above.

Upon termination, your license to use the Service immediately ceases. Sections 7, 8, 10, 11, 12, 14, and any other provisions that by their nature should survive will continue in effect after termination.

These Terms and any dispute arising out of or related to the Service will be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict-of-law principles.

Informal Resolution. Before initiating any formal proceeding, you agree to contact us at contact@koviez.com and give us 30 days to attempt to resolve the dispute informally.

Binding Arbitration.If the dispute is not resolved informally, you and Koviez agree to resolve it through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court. You and Koviez each waive any right to a jury trial or to participate in a class action.

Exceptions. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights. Small claims court actions within its jurisdictional limits are also permitted.

We reserve the right to modify these Terms at any time. When we make material changes, we will update the Effective Date at the top of this page and, where reasonably practicable, provide notice through the App or via email.

Your continued use of the Service after the updated Effective Date constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Koviez regarding the Service and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.

Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may freely assign our rights without restriction.

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