Effective Date:: 2025-01-02
Last Updated: 2025-01-02
Thank you for choosing The Living Breath (“App,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of the App, which is owned and operated by a sole proprietor. By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.
For information on how we collect, use, and store your personal data, please review our Privacy Policy.
The Living Breath is a mobile application focused on relaxation, breathwork exercises, and tracking metrics related to mood, energy, and stress (collectively, the “Services”). These Services are intended to help users incorporate breathwork into their routines and monitor general well-being.
Note: The App is not intended to diagnose, cure, or treat any medical condition. Always consult a qualified healthcare professional for medical advice.
By downloading, installing, or using the App, you confirm that you have read, understood, and agreed to these Terms. If you do not agree, do not use the App.
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the App. By using the App, you represent and warrant that you meet this requirement.
The Living Breath is currently available only to users located in the United States. We reserve the right to verify your location and restrict access to those outside the U.S.
You agree not to:
You are responsible for safeguarding the username and password that you use to access the App. You agree not to disclose your credentials to any third party. You are solely responsible for all activities that occur under your account, and you must notify us immediately if you suspect any unauthorized access.
You agree that you will use the App responsibly and that you are solely liable for your actions while using the App. This includes but is not limited to any content you submit, the data you track, and any interactions you have with other users or third parties.
The App is provided for informational and educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition or health practice.
We do not guarantee any specific outcomes from using the App, including but not limited to improvements in mental, emotional, or physical well-being.
To the fullest extent permitted by law, the sole proprietor of The Living Breath will not be liable for:
The Living Breath is provided “as is” and “as available”, with no warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Certain features of the App may be offered on a subscription basis. Payments for subscriptions will be processed through the applicable app store (e.g., Apple App Store or Google Play Store), and all billing matters (including cancellations) are governed by that app store’s terms and conditions.
All fees and charges are non-refundable unless required by law. If a refund is mandated by applicable law, we will comply with the relevant legal requirements.
You agree to indemnify, defend, and hold harmless The Living Breath and its sole proprietor from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:
All content, features, and functionality on or available through the App—including text, graphics, logos, icons, images, sound clips, video clips, data compilations, software, and any other material—are the exclusive property of The Living Breath (or its licensors) and are protected by intellectual property laws. You may not copy, modify, distribute, create derivative works, or exploit any of our intellectual property without our express written permission.
If at any point the App allows you or other users to submit content (e.g., comments, notes, personal logs, images):
The App may integrate with, or contain links to, third-party services or websites. We do not control these services and are not responsible for their content, privacy policies, or practices. By using any third-party service through the App, you acknowledge and agree that your use of that service is governed by the third party’s terms and privacy policy.
We reserve the right to suspend or terminate your account at any time, for any reason, including but not limited to:
Upon termination, your right to access the App and use its Services will immediately cease.
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
These Terms and our Privacy Policy constitute the entire agreement between you and The Living Breath concerning your use of the App, and supersede any prior or contemporaneous agreements, communications, or understandings (whether oral or written).
We may update these Terms from time to time. In the event of significant changes, we will notify you via the email address associated with your account (until an in-app notification system is available). Your continued use of the App following the posting of revised Terms indicates your acceptance of the changes.
These Terms and any matter relating to your access to or use of the App will be governed by and construed in accordance with U.S. law, without regard to its conflict of law provisions. As we expand internationally, additional or different governing law provisions may apply; this section serves as a placeholder that may be updated in the future.
Any disputes arising out of or relating to these Terms shall first be attempted to be resolved through informal discussions. If a resolution cannot be reached, you agree to resolve all disputes through an alternative dispute resolution process (e.g., arbitration) or through the courts, as may be determined and updated in the future. This clause is a placeholder to allow flexibility for future international considerations.
If you have any questions or concerns about these Terms, please contact us at:
Email: contact@livingbreathapp.com
By using The Living Breath, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, do not use the App.