Terms of Service

Last Updated: December 2025

1. Acceptance of Terms

By downloading, accessing, or using BreathMetric ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

2. Description of Service

BreathMetric is a mobile application that provides:

• Guided breathing exercises
• Practice tracking and statistics
• Optional heart rate monitoring
• Science-based breathing patterns
• Progress visualization

3. User Accounts

Account Creation

• You must provide accurate information
• You are responsible for maintaining account security
• You must be at least 13 years old to use the App
• One account per person

Account Security

• Keep your password confidential
• Notify us immediately of unauthorized access
• You are responsible for all activities under your account

4. Subscription Terms

Free Tier

• Access to 3 basic breathing patterns
• Manual heart rate tracking
• Basic statistics and progress tracking

Pro Subscription

• Access to all 11 breathing patterns
• Advanced features and analytics
• Pricing: $4.99/month or $29.99/year
• 7-day free trial (cancel anytime during trial)

Billing

• Subscriptions auto-renew unless cancelled
• Cancel at least 24 hours before renewal to avoid charges
• Refunds handled per App Store/Google Play policies
• Prices subject to change with notice

Cancellation

• Cancel anytime through your device's subscription settings
• Access continues until end of current billing period
• No partial refunds for unused time

5. Acceptable Use

You agree NOT to:

• Use the App for any illegal purpose
• Attempt to hack, reverse engineer, or compromise the App
• Share your account credentials
• Upload malicious code or viruses
• Scrape or automatically collect data from the App
• Impersonate others or provide false information
• Use the App in a way that could harm others

6. Health and Medical Disclaimer

Not Medical Advice

• The App does not provide medical advice, diagnosis, or treatment
• Breathing exercises are not a substitute for professional medical care
• Always consult your healthcare provider before starting new health practices

Health Risks

• Stop immediately if you feel dizzy, lightheaded, or uncomfortable
• Do not use while driving or operating machinery
• Not recommended during pregnancy without doctor approval
• Not suitable for people with respiratory or cardiovascular conditions without medical clearance

Heart Rate Monitoring

• Heart rate data is manually entered and not verified
• We are not a medical device
• Heart rate data should not be used for medical decisions
• The App is not FDA approved

Assumption of Risk

By using the App, you acknowledge and accept these risks. We are not liable for any health issues that may arise from use of the App.

7. Intellectual Property

Our Rights

• The App, content, and trademarks are owned by us
• All breathing patterns, designs, and text are protected by copyright
• You may not copy, modify, or distribute App content

Your Rights

• You retain ownership of your practice data
• You can export your data at any time
• You grant us license to use anonymized data for improvement

8. Data and Privacy

• Your use is governed by our Privacy Policy
• We collect and use data as described in the Privacy Policy
• You can request data deletion at any time
• We may use anonymized data for research and improvement

9. Modifications to Service

We reserve the right to:

• Modify or discontinue features
• Change pricing with 30 days notice
• Update these Terms (with notification)
• Suspend service for maintenance

Continued use after changes constitutes acceptance.

10. Termination

We May Terminate

• For violation of these Terms
• For fraudulent activity
• For abusive behavior
• At our discretion with notice

You May Terminate

• Delete your account at any time
• Cancel subscription anytime
• Data will be deleted per our retention policy

11. Disclaimers

"AS IS" Service

• The App is provided "as is" without warranties
• We don't guarantee uninterrupted or error-free service
• We don't guarantee specific results

No Health Guarantees

• We make no claims about health outcomes
• Results vary by individual
• The App is not a medical device

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

We are NOT liable for:

• Personal injury or health issues from App use
• Lost data or profits
• Indirect, incidental, or consequential damages
• Issues caused by third-party services
• Service interruptions or errors

MAXIMUM LIABILITY: Our total liability is limited to the amount you paid in the last 12 months (maximum $60).

13. Indemnification

You agree to defend and hold us harmless from claims arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any laws or rights
• Content you provide

14. Third-Party Services

The App integrates with:

• Firebase (Google)
• RevenueCat
• Apple App Store / Google Play

These services have their own terms. We're not responsible for their actions or policies.

15. Dispute Resolution

Governing Law

• These Terms are governed by United States law
• Disputes resolved in accordance with applicable law

Informal Resolution

• Contact us first to resolve disputes informally
• Good faith effort required before legal action

16. Changes to Terms

• We may update these Terms at any time
• Significant changes will be notified via email or in-app
• Continued use after changes means acceptance
• If you disagree, stop using the App

17. Severability

If any provision is found unenforceable, the rest remains in effect.

18. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and us.

19. App Store Terms

Apple App Store

• You acknowledge Apple is not responsible for the App
• Apple has no obligation to provide support
• Apple is a third-party beneficiary of these Terms

Google Play Store

• You acknowledge Google is not responsible for the App
• Google has no obligation to provide support
• Subject to Google Play Terms of Service

20. Export Control

You may not use the App in violation of export laws.

21. No Waiver

Our failure to enforce any right does not constitute a waiver.

22. Assignment

• We may assign these Terms
• You may not assign your rights

23. Survival

Sections that should survive termination (indemnification, liability, disputes) will survive.

Last Updated: December 2025 | Version: 1.0