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Terms & Conditions

 

Welcome to BreathAI!

 

Thank you for choosing BreathAI, your partner in achieving your health and fitness goals. These Terms and Conditions outline the rules and regulations for the use of the BreathAI Service. By accessing or using the BreathAI Service, you agree to abide by these Terms. Please read them carefully. If you do not agree with any part of these Terms, refrain from using the BreathAI Service.

 

1. Acceptance of Terms

 

These Terms of Service ("Terms") apply to your access and use of the BreathAI Service, which includes devices, applications, software, websites, APIs, products, and services offered by BreathAI. By creating a BreathAI account or using any part of the BreathAI Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the BreathAI Service.

 

2. Additional Terms

 

Your use of BreathAI Pay or any other paid services offered by BreathAI is subject to additional terms and conditions, which are incorporated into these Terms by reference:

  • BreathAI Pay Terms of Service

  • BreathAI Terms for Paid Services

 

3. Privacy Policy

 

Please see our Privacy Policy, including our Cookie Use statement, for information about our data practices. By accessing or using the BreathAI Service, you agree that we can collect and use your information in accordance with the Privacy Policy.

 

4. Age Restriction

 

The BreathAI Service is not permitted for users under the age of 13, or any higher minimum age in the jurisdiction where the user resides, unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the BreathAI Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the BreathAI Service.

 

5. Authorized Connections

 

You may only connect to the BreathAI Service using:

  • A device manufactured, distributed, or sold by BreathAI or its authorized resellers or agents.

  • BreathAI mobile applications and software, or approved third-party applications, software, or devices.

  • BreathAI websites.

Using unauthorized devices, applications, or connections may result in the termination of your ability to access the BreathAI Service.

 

6. Account Use

 

A Google account is currently required for full use of the BreathAI Service. BreathAI accounts may be permitted for a limited time but will be terminated upon the requirement of a Google account. You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your account credentials.

 

7. Equipment Requirements

 

Full use of the BreathAI Service requires a computer with adequate software or a supported mobile device with internet access. You are responsible for the maintenance and security of your equipment and any internet access charges.

 

8. Posting Your Content

 

BreathAI may allow you to post, upload, store, share, or display content ("Your Content") on the BreathAI Service. You retain all rights to Your Content, but grant BreathAI a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, modify, reproduce, and distribute Your Content for the limited purpose of offering and improving the BreathAI Service.

 

9. Your Content Responsibilities

 

You are responsible for Your Content and warrant that it:

  • Does not infringe on any third-party rights.

  • Complies with all applicable laws and regulations.

  • Is not fraudulent, misleading, or deceptive.

  • Is not defamatory, obscene, pornographic, or offensive.

  • Does not promote discrimination, hatred, or harm.

  • Does not contain harmful content or software.

  • Do not impersonate another person or entity.

  • Does not violate these Terms.

 

10. BreathAI's Rights

 

BreathAI content is protected by intellectual property laws. Users are not allowed to use, copy, modify, or distribute BreathAI content except as expressly permitted in the Terms. BreathAI's logos and trademarks, as well as third-party trademarks mentioned on the BreathAI Service, must also be respected.

 

11. Permitted Uses

 

The BreathAI Service is intended for personal, non-commercial use. BreathAI grants users a limited license to use the BreathAI Service and related software for personal, non-commercial purposes. You may create text hyperlinks to the BreathAI Service for non-commercial purposes, provided certain conditions are met.

 

12. Enforcement Rights

 

BreathAI reserves the right to remove or disable access to content that violates the Terms or is deemed objectionable. BreathAI may also investigate violations and take appropriate action.

 

13. Using the Service at Your Own Risk

 

BreathAI data may not match medical or scientific measurement devices, and BreathAI does not guarantee the accuracy or reliability of information received through the BreathAI Service. Users are advised to use good judgment and common sense when using the BreathAI Service.

 

14. Consulting a Doctor

 

Before utilizing this service, it is advisable to seek guidance from your physician. This service is not designed to diagnose, treat, mitigate, or prevent any illness. If you have any medical or health concerns, it is important to consult with your doctor before utilizing this service or altering your diet or exercise regimen. In the event of a medical emergency, discontinue use of this service immediately and seek assistance from a medical professional. Please note that the BreathAI Service does not replace medical advice, and individuals with medical conditions should consult their healthcare providers before its use.

 

15. DMCA/Copyright Policy

 

BreathAI respects intellectual property rights and may disable or terminate.

 

16. Terms of Sale, Returns, Warranty, and Paid Services

 

BreathAI's policies regarding purchasing physical goods, warranties, and paid services are outlined in this section.

 

17. Feedback and Submissions Policy

 

BreathAI reserves the right to use any comments, ideas, or feedback provided by users without restriction.

 

18. Contests and Giveaways

 

Additional terms and conditions may apply to surveys, contests, giveaways, and promotions offered by BreathAI.

 

19. Alerts and Notifications

 

Users may receive various electronic communications from the BreathAI Service.

 

20. Third-Party Services

 

BreathAI is not responsible for any third-party content or services accessed through the BreathAI Service.

 

21. Changes to the BreathAI Service

 

BreathAI reserves the right to change or discontinue features of the BreathAI Service at any time without notice.

 

22. Termination

 

BreathAI may suspend or terminate accounts or access to the BreathAI Service at its discretion.

Certain provisions of the Terms survive termination.

 

23. Disclaimers

 

BreathAI disclaims warranties and makes no guarantees about the quality or accuracy of the BreathAI Service.

 

24. Indemnity

 

Users agree to indemnify BreathAI against claims and liabilities related to their use of the BreathAI Service.

 

25. Limitation of Liability

 

BreathAI's liability is limited, and it is not responsible for certain types of damages.

 

26. Dispute Resolution

 

Disputes between users and BreathAI may be resolved through arbitration, except for certain exceptions outlined in the terms.

 

27. General Terms

 

  • These Terms constitute the entire agreement between BreathAI and the user.

  • BreathAI will notify users of material changes to the Terms.

  • If any provision of the Terms is found invalid, the other provisions remain in effect.

  • Users cannot assign or transfer the Terms without BreathAI's consent.

  • Notices from BreathAI may be delivered via email or posted on the BreathAI Service.

  • BreathAI's failure to enforce any provision in the Terms does not constitute a waiver of that right.

  • Additional terms may apply to specific products or services, and if there's a conflict, the additional terms will prevail.

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