TERMS OF USE
Effective as of: January 1, 2024
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INTRODUCTION
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Welcome to Breathe to the Beat, a breathwork app provided by Breathhouse, Inc. ("we" or "us"). Our app is a subscription-based service that allows users to access breathwork-related content provided over the internet. These terms of service ("Terms") govern your access and use of our owned and operated website, currently available at www.breathhouse.us, the Breathe to the Beat mobile application or "app," and all associated features, applications, widgets, and their respective contents branded as Breathe to the Beat, including any new features and applications (collectively, the "Breathe to the Beat Services").
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By using the Breathe to the Beat Services in any way, you agree to accept these Terms. If you do not agree to these Terms, you may not use the Breathe to the Beat Services. Please note that these Terms also incorporate the requirements of our privacy policy and any particular Breathe to the Beat Services posted guidelines or policies.
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We may modify these Terms at any time, with or without notice to you, at our sole discretion. The "Last Updated" date at the top of these Terms indicates when the latest modifications were made. By continuing to access and use the Breathe to the Beat Services after these Terms have been modified, you agree to such modifications. Therefore, we advise you to review these Terms before using the Breathe to the Beat Services each time.
Please note that none of the teachings or information available from the Breathe to the Beat Services are intended to be substituted for professional mental health or medical treatment. For any concerns, please seek the attention of a licensed medical professional.
The Breathe to the Beat Services are not available to individuals under the age of 13. If you are under the age of 13, you may only use the Breathe to the Beat Services for children series under the supervision of your parent or legal guardian, who agrees to be bound by these Terms. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the Breathe to the Beat Services if your parent or legal guardian agrees to be bound by these Terms.
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Please note that the Breathe to the Beat Services are not available to any users who have been previously barred from using them or restricted from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
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By using the Breathe to the Beat Services, you agree to the mandatory arbitration, class action waiver, and jury waiver provisions contained in these Terms of Service in Section 9.
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DISCLAIMER:
By accessing the service, you acknowledge and agree that any and all exercises or activities recommended by the service are undertaken entirely at your own risk. Breathhouse, Inc and Breathe to the Beat, its employees, and its agents will not be held liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our classes.
While we may provide guidelines such as audios, descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as the risk of injury or illness increases with improper form. We encourage you to seek multiple sources of information regarding how to perform each exercise correctly, particularly if you are new to any of the forms of training or activity you seek to perform.
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We highly recommend that you seek guidance from a medical doctor or other qualified healthcare practitioners if you are pregnant, have asthma, or have any preexisting injuries or conditions that may compromise your breathing or that might otherwise interfere with recommended activities, including but not limited to high blood pressure, history of surgery or physical injury, thyroid condition, diabetes, history of seizure, PTSD, bipolar disorder, schizophrenia, or psychiatric condition; if you are actively using recreational drugs or medication that alters brain chemistry such as painkillers, anti-depressants, anti-anxiety, stimulants, hallucinogens, etc.
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1. GENERAL TERMS
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Welcome to "Breathe to the Beat," a mobile application developed and owned by Breathhouse, Inc. By using this app, you agree to comply with these Terms and Conditions, our Privacy Policy, and all applicable laws and regulations. These Terms and Conditions apply to all users of the app, including guests and registered users.
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2. USER OBLIGATIONS
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You agree to use the app for its intended purposes, which include stress relief, relaxation, and meditation. You also agree to comply with all applicable laws and regulations and to respect the rights of others when using the app. You are solely responsible for all activities that occur under your account, and you must keep your account credentials confidential.
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You agree not to use the app for any unlawful purposes, including but not limited to transmitting spam or other unsolicited messages, infringing on the intellectual property rights of others, or engaging in activities that harm or exploit minors.
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3. APPROPRIATE USE
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Breathhouse, Inc. grants you a limited, non-exclusive, non-transferable, and revocable license to use the app solely for its intended purposes. You agree not to copy, modify, distribute, sell, or lease any part of the app, nor to reverse-engineer, decompile, or disassemble the app, or attempt to derive the source code from the app.
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Breathhouse, Inc. reserves the right to modify, suspend, or discontinue the app, or any part of it, at any time without notice. You agree that Breathhouse, Inc. will not be liable to you or any third party for any modification, suspension, or discontinuance of the app.
4. MEMBERSHIP​
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Membership Agreement. Your subscription to Breathe to the Beat Services will automatically renew until you terminate it. To use our Services, you must have Internet access, a device that can access the Services, and a valid form of payment. By providing your payment information, you authorize us to charge your chosen payment method for your subscription fees and any applicable taxes and transaction fees. If you do not cancel your subscription before the renewal date, you will be charged for the next billing cycle.
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Free Trial Period. We may offer a free trial period at our discretion, subject to eligibility and duration limitations. We reserve the right to terminate any free trial period at any time. If you choose to continue using our Services after the free trial period, you will be charged the subscription fee. You can find the subscription price by accessing your account information when you log in to the Services.
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User Account. To have a subscription, you must create a user account and provide certain information such as your email address or Apple ID. You are responsible for maintaining the confidentiality of your account information and for any activity that occurs under your account. You may not sell, share, or provide access to your account to anyone else, including charging anyone for access to your account.
Cancellation and Refunds. You can cancel your subscription at any time through your account settings. After cancellation, you will continue to have access to the Services until the end of your subscription period. If you are not satisfied with the Services or are experiencing financial hardship, you may request a refund either through the third-party app store or by emailing us directly at support@breathhouse.us. If you receive a refund, you may lose access to the Services immediately.
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Communication Preferences. By subscribing to our Services, you consent to receive communications by email or text. You can unsubscribe from our promotional communications at any time by clicking the unsubscribe links in our emails or texts, or by emailing us at support@breathhouse.us. All communications we provide to you electronically will satisfy any legal requirements as if they were in writing. These terms and any updates to them, as well as other communications such as agreements, notices, and disclosures, will be provided to you electronically.
5. INTELLECTUAL PROPERTY
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Breathhouse, Inc. owns all rights, title, and interest in and to the app, including all intellectual property rights, trademarks, copyrights, and patents. You agree not to use or display any of Breathhouse, Inc.'s intellectual property without our express written consent.
6. LIABILITY AND INDEMNIFICATION
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Breathhouse, Inc. is not liable for any damages or losses that may result from your use of the app, including but not limited to direct, indirect, incidental, consequential, or punitive damages. You agree to indemnify, defend, and hold harmless Breathhouse, Inc. and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your use of the app, your breach of these Terms and Conditions, or your violation of any applicable law or regulation.
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7. PRIVACY AND DATA COLLECTION
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Breathhouse, Inc. collects and uses personal information in accordance with our Privacy Policy. By using the app, you consent to the collection, use, and sharing of your personal information as described in our Privacy Policy.
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8. TERMINATION AND SUSPENSION
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Breathhouse, Inc. may terminate or suspend your access to the app at any time, without notice, for any reason, including but not limited to your breach of these Terms and Conditions.
9. HOW TO CONTACT US
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If you have any questions or concerns about this Privacy Policy or our practices regarding your information, please contact us at privacy@breathhouse.us.