Terms of Service

Overview

This website and the related Services are operated by Breethly, Inc. (“Breethly,” “we,” “us,” or “our”). Throughout the site, the terms “we,” “us,” and “our” refer to Breethly. We offer this website, including all information, tools, and Services available from it, to you, the user, conditioned on your acceptance of all terms, conditions, policies, and notices stated here.

By visiting the Site, joining the waitlist, or purchasing from us, you engage in our Service and agree to be bound by these Terms of Service (“Terms”), including any additional terms and policies referenced here or available by link. These Terms apply to all users of the Services, including browsers, customers, members, and contributors of content. If you do not agree to all of these Terms, you may not access the Site or use any of the Services.

Eligibility & accounts

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use the Services.

If you create an account, you are responsible for keeping your credentials confidential and for all activity that occurs under your account. We recommend you do not share your username or password with anyone. If you believe your account has been compromised, contact us immediately. You agree to provide current, complete, and accurate account and purchase information, and to keep it up to date so we can complete your transactions and contact you as needed.

General conditions

We reserve the right to refuse service to anyone for any lawful reason at any time. You understand that your content (excluding payment card information) may be transferred unencrypted and may involve transmissions over various networks and changes to conform to technical requirements; payment card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission. The headings in these Terms are for convenience only and do not limit or otherwise affect these Terms.

Memberships & billing

The membership terms in this section describe how our subscriptions are intended to work at launch. Pricing and plan details are subject to change, and the terms that apply to your membership will be the ones presented to you at checkout.

Breethly offers optional paid memberships that unlock additional app features and content. Memberships are offered on a recurring subscription basis, currently at $5 per month and $15 per month depending on the plan you choose. The exact price, billing interval, and features are shown to you at the time of purchase.

• Billing and renewal. By starting a paid membership, you authorize us (and our payment processor) to charge your payment method the applicable fee on a recurring basis. Unless otherwise stated, memberships renew automatically at the end of each billing period at the then-current price for your plan, until you cancel.
• Cancellation. You can cancel your membership at any time through your account settings or by contacting us. Cancellation stops future renewals; it takes effect at the end of the current billing period, and you keep access until then.
• Refunds. Except where required by law or where we state otherwise, membership fees already charged are non-refundable. Cancelling does not entitle you to a refund for the current period.
• Price changes. We may change membership pricing. If we change the price that applies to your plan, we will give you notice, and any change will take effect on a following billing period (subject to the founding-member terms below).

Device purchases

Commerce is not yet live. The device terms below describe how purchases are intended to work; the terms presented to you at checkout will govern your order.

Breethly sells a handheld breath-training device, currently offered at $197 and $297 depending on the configuration. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order, and to limit or cancel quantities purchased per person, per household, or per order, including orders that appear to be placed by dealers, resellers, or distributors. If we change or cancel an order, we will try to notify you using the contact details provided at the time of the order.

We have made every effort to display the colors and images of our products as accurately as possible, but we cannot guarantee that your display will be accurate. All product descriptions and pricing are subject to change at any time without notice, and any offer for any product is void where prohibited.

Founding-member pricing

From time to time we offer founding-member pricing to early supporters. Where you qualify for a founding-member rate, that rate is locked in for your membership for as long as your membership remains active and in good standing, meaning later general price increases will not change your locked rate. The founding-member rate applies to the plan you enrolled in; if you cancel, let your membership lapse, or change plans, the locked-in rate may no longer apply, and standard pricing will govern any new or resumed membership. The specific terms of any founding-member offer will be presented to you at the time you enroll.

Shipping & returns

Standard e-commerce terms. Detailed shipping timelines and a full return and refund policy will be published before commerce goes live and will govern your order.

Where you purchase a physical device, we will arrange shipping to the address you provide. Title and risk of loss pass to you on delivery to the carrier, unless applicable law requires otherwise. Shipping options, costs, and estimated delivery times are shown at checkout; delivery estimates are not guarantees.

Eligible products may be returned or exchanged in accordance with our return policy, which will be made available at checkout and on the Site. To be eligible, items generally must be returned within the stated window and in the condition described in that policy. Some items or fees may be non-returnable as set out in the return policy.

Pricing & service changes

Prices for our products and memberships are subject to change without notice, except as expressly provided in the founding-member terms above. We reserve the right to modify or discontinue the Services (or any part of them) at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. Occasionally there may be typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, or availability; we reserve the right to correct any such errors and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you have submitted your order).

Acceptable use

You may not use our products or the Services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature. In addition, you are prohibited from using the Site or its content:

• for any unlawful purpose, or to solicit others to perform unlawful acts;
• to violate any international, federal, state, or local regulations, rules, or laws;
• to infringe our intellectual property rights or those of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate;
• to submit false or misleading information;
• to upload or transmit viruses or any other type of malicious code that may affect the functionality of the Services or any related website;
• to collect or track the personal information of others;
• to spam, phish, pharm, pretext, spider, crawl, or scrape;
• for any obscene or immoral purpose; or
• to interfere with or circumvent the security features of the Services or any related website.

We reserve the right to terminate your use of the Services for violating any of the prohibited uses. A breach or violation of any of these Terms may result in immediate termination of your Services.

User content & feedback

If you send us creative ideas, suggestions, proposals, reviews, or other materials, whether at our request or unsolicited (collectively, “comments”), you agree that we may, at any time and without restriction, use, edit, copy, publish, distribute, translate, and otherwise use them in any medium. We are under no obligation to keep any comments in confidence, to pay compensation for them, or to respond to them.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights, and will not contain unlawful, abusive, or obscene material or any malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

Intellectual property

The Services and all of their content, including text, graphics, logos, the Breethly name and marks, the device design, the app, and the software that powers your sessions and scores, are owned by Breethly or its licensors and are protected by intellectual property laws. Except for the limited right to use the Services as permitted by these Terms, nothing here grants you any right, title, or interest in the Services or our intellectual property. You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission.

Not a medical device

Breethly is a consumer wellness product. It is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or health condition.

The Breethly device, app, scores, and content, including any nervous-system or Calm Score metrics, are provided for general wellness and informational purposes only. They are not a substitute for professional medical advice, diagnosis, or treatment, and they should not be relied upon as such. Breethly does not provide medical advice and makes no medical, clinical, or therapeutic claims.

Always seek the advice of a qualified health provider with any questions you may have about a medical condition, and never disregard or delay seeking professional advice because of something you have read or experienced through the Services. If you think you may have a medical emergency, contact your doctor or emergency services immediately. You use the Services for wellness purposes at your own discretion and risk.

Disclaimers

We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free, or that the results obtained from using the Services will be accurate or reliable. From time to time we may remove the Services for indefinite periods or cancel them at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. Except as expressly stated by us, the Services and all products and services delivered to you are provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Limitation of liability

In no case shall Breethly, or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, or replacement costs, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those jurisdictions our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Breethly and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Termination

The obligations and liabilities of the parties incurred before the termination date survive termination for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Services, or by ceasing to use the Site. If in our sole judgment you fail (or we suspect you have failed) to comply with any term of these Terms, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion will be severed without affecting the validity of the remaining provisions. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Governing law

These Terms, and any separate agreements by which we provide you Services, are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles. These Terms, together with any policies or operating rules we post, constitute the entire agreement between you and us regarding the Services and supersede any prior agreements. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Changes to these terms

You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check this page periodically. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

Contact us

Questions about these Terms should be sent to legal [at] breethly.io. Breethly, Inc. is a Delaware corporation headquartered in New York, NY.