Terms of Service

1. Who may use the Service

You must be at least 13 years old (or the minimum age required in your country to consent to information services) to use the Service. If you are under 18, you represent that you have parent or guardian permission. The Service does not currently require or provide Breathly user accounts. The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13 or knowingly permit their use of the Service.

2. The Service

Breathly provides breathwork guidance, timers, educational content, and optional wellness features. Free features may be available without a subscription. Premium features require an active paid subscription or promotional access as described in the app.

We may update, suspend, or discontinue features with reasonable notice where practicable. We do not guarantee uninterrupted availability.

3. Breathly Premium subscriptions

3.1 Plans and pricing

Breathly Premium is an auto-renewing subscription that unlocks content and features labeled Premium in the app, which may include:

• Full library of breathing patterns and guided sessions
• Calming soundscapes and ambient audio
• Immersive visual themes and scene backgrounds
• Premium challenges and expanded content where offered in the app

Premium subscriptions are offered through the Apple App Store and Google Play Store. Monthly and yearly plans may be available; the price, currency, taxes, free trials, and introductory offers shown at checkout in your store control. Prices vary by country and region and may change over time.

3.2 Billing through Apple or Google

All in-app purchases and subscriptions are processed by Apple (App Store) or Google (Google Play), not directly by us. Your payment method is charged by the store according to its terms. We do not receive or store your full payment card details.

3.3 Auto-renewal

Subscriptions automatically renew unless canceled through the applicable app store before the renewal date, in accordance with that store's applicable terms. Renewal charges are processed by Apple or Google, not by us directly.

3.4 Free trials and promotions

If we offer a free trial or promotional period, eligibility and duration will be shown in the app at purchase. When a trial ends, your subscription converts to a paid plan unless you cancel before the trial expires. Unused trial time may be forfeited when you purchase a subscription, per store rules.

3.5 Cancel, manage, and restore

• Cancel: Manage or cancel your subscription through your Apple or Google account's subscription settings. Deleting the app does not cancel billing.
• Restore purchases: Use "Restore purchases" in the app (Profile → Settings) while signed in with the same store account used to subscribe.
• Refunds: Refund requests are handled by Apple or Google under their policies. Contact the store support linked from your receipt; we cannot issue store payment refunds directly.

3.6 Premium access

Premium entitlements are tied to your Apple or Google purchase and validation on your device (e.g., receipt or purchase verification). Sharing store credentials to circumvent paywalls, modifying the app to unlock Premium without payment, or abusing restore flows violates these Terms and may result in termination of access.

4. Health and wellness disclaimer

The Service is for general wellness and education only. It is not medical advice, diagnosis, or treatment. Breathing practices may not be suitable for everyone (including some respiratory, cardiovascular, or mental health conditions). Consult a qualified healthcare professional before starting or changing any breathwork routine. Stop immediately if you feel pain, dizziness, shortness of breath beyond normal exercise, or distress. In an emergency, contact local emergency services.

5. Acceptable use

You agree not to:

• Use the Service unlawfully or to harm others
• Reverse engineer, scrape, or overload our systems except as allowed by law
• Copy, redistribute, or resell Premium content or assets without permission
• Impersonate us or misrepresent affiliation with Breathly
• Upload malware or attempt unauthorized access to our or third-party systems

6. Intellectual property

The Service, including text, graphics, logos, audio, video, software, and design, is owned by or licensed to us and protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes in accordance with these Terms. Premium content is licensed only while your subscription is active and valid.

7. User data and privacy

Our collection and use of personal information is described in the Privacy Policy. Website cookies are described in the Cookie Policy.

8. Third-party services

The Service may link to or integrate third parties (app stores, analytics, advertising on the website, content delivery networks, email). Their terms and privacy policies apply to those interactions.

9. Disclaimer of warranties

To the fullest extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be error-free, secure, or meet your requirements.

10. Limitation of liability

To the maximum extent permitted by applicable law, Breathly and its operators, affiliates, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, goodwill, or other intangible losses, arising from your use of the Service or any content therein. Our aggregate liability for claims relating to the Service shall not exceed the greater of (a) amounts you paid us directly in the twelve months before the claim (typically zero for store-billed subscriptions) or (b) one hundred U.S. dollars (USD $100), except where such limits are prohibited by law.

Some jurisdictions do not allow certain exclusions; in those cases, our liability is limited to the minimum extent required by law.

11. Indemnification

You agree to indemnify and hold harmless Breathly and its operators from claims, damages, losses, and expenses (including reasonable legal fees) arising from your misuse of the Service or violation of these Terms, except to the extent caused by our gross negligence or willful misconduct.

12. Termination

We may suspend or terminate access to the Service if you breach these Terms or if required for legal, security, or operational reasons. You may stop using the Service at any time. Sections that by nature should survive (disclaimers, limitations, indemnity, governing law) will survive termination.

13. Changes to these Terms

We may update these Terms. We will post the revised Terms on this page and update the "Last updated" date. Material changes may also be communicated in the app or by email where appropriate. Continued use after changes become effective constitutes acceptance, except where applicable law requires your explicit consent.

14. Governing law and disputes

These Terms are governed by the laws of India, without regard to conflict-of-law rules, except where mandatory consumer protection laws in your country of residence require otherwise. Courts located in India shall have exclusive jurisdiction for disputes arising from these Terms, subject to your statutory right to bring claims in your home jurisdiction where applicable law mandates.

Before filing a claim, you agree to contact us at support@onlinebreathingtool.com to attempt informal resolution.

15. Contact

Questions about these Terms or Premium billing (non-refund): support@onlinebreathingtool.com or our contact form.