top of page

​

Terms of Use for BreatheMill App

​

Welcome to BreatheMill! These Terms of Use (the “Terms”) govern your use of the BreatheMill App (the “App”) powered by breathmill.com (the “Website”) made available through the Apple App Store and Google Play Store (each an “App Store”). The App is provided by BreatheMill, Inc., a California corporation (“BreatheMill”).

By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not download, install or use the App.

​

  1. License and Use of the App Subject to your compliance with these Terms, BreatheMill grants you a non-exclusive, non-transferable, revocable, limited license to download, install and use the App on any mobile device that you own or control, solely for your personal, non-commercial use. You may not rent, lease, lend, sell, redistribute, or sublicense the App. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or any part thereof. You may not remove, obscure, or alter any trademark, copyright, or other proprietary rights notice affixed to or contained within the App.

  2. User Content The App allows you to create and submit content, including but not limited to breathing exercises, comments, and feedback (collectively, “User Content”). You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to create and submit User Content. You grant Breathemill a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the App and Breathemill’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

  3. App Updates Breathemill may, in its sole discretion, provide updates, upgrades, or bug fixes to the App from time to time, and may automatically update or remotely disable the App at any time without notice. Such updates, upgrades, or bug fixes shall be subject to these Terms.

  4. User Conduct You agree that you will not use the App for any illegal or unauthorized purpose, nor may you, in the use of the App, violate any laws in your jurisdiction (including, but not limited to, copyright laws). You agree to comply with all applicable laws regarding your use of the App. You agree that you will not use the App to harass, abuse, or harm others, or to post or submit content that is defamatory, libelous, obscene, or otherwise objectionable.

  5. Feedback Breathemill welcomes your feedback and suggestions regarding the App. By submitting any feedback or suggestions to Breathemill, you agree that Breathemill may use and share such feedback or suggestions for any purpose without compensation to you.

  6. Intellectual Property Rights The App and all intellectual property rights therein are owned by Breathemill and its licensors, and are protected by United States copyright laws and international treaty provisions. You acknowledge that the App contains proprietary and confidential information of Breathemill and its licensors.

  7. Disclaimer of Warranty THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BREATHMILL DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

  8. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BREATHMILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE APP, EVEN IF BREATHMILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BREATHMILL’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  9. Indemnification You agree to indemnify and hold Breathemill and its affiliates, officers, agents, employees, and partners harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with your use of the App, your User Content, or your breach of these Terms.

  10. Termination These Terms are effective until terminated by you or Breathemill. Your rights under these Terms will terminate automatically without notice from Breathemill if you fail to comply with any term(s) of these Terms. Upon termination of these Terms, you shall cease all use of the App and delete all copies of the App from your mobile device.

  11. Governing Law and Dispute Resolution These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms or the App shall be resolved exclusively through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in San Francisco, California, and shall be conducted in English. The arbitration award shall be final and binding, and judgment may be entered thereon in any court of competent jurisdiction.

  12. Entire Agreement These Terms constitute the entire agreement between you and Breathemill with respect to the App, and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Breathemill with respect to the App.

  13. Waiver and Severability The failure of Breathemill to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

  14. By using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not download, install or use the App.

bottom of page