Terms of Service for BreathMinder
These Terms of Service (“Terms”) govern your use of the BreathMinder mobile application (the “App”), operated by Steven Plavetzky Jr. under the name BreathMinder (“BreathMinder,” “we,” “our,” or “us”).
By downloading, accessing, or using the App, you agree to these Terms.
1. Eligibility
You may use the App only if you can legally use mobile applications and related services under applicable law. If you are under the age of majority in your jurisdiction, you should review these Terms with a parent or legal guardian.
2. Wellness Use Only
BreathMinder is provided for general wellness, breathing guidance, relaxation, mindfulness, and informational purposes only.
BreathMinder is not a medical device and does not provide medical advice, diagnosis, treatment, or emergency services. Always use your own judgment and consult a qualified healthcare professional when appropriate.
If you experience pain, dizziness, faintness, shortness of breath, distress, or any other concerning symptoms, stop using the App and seek appropriate medical guidance.
3. License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use.
This license does not transfer ownership of the App or any intellectual property rights.
4. Subscriptions and Billing
Certain features of BreathMinder may require a paid subscription or purchase. All purchases are processed through Apple’s in-app purchase system.
Pricing, billing, renewals, cancellation, refunds, and subscription management are handled according to Apple’s rules and your Apple account settings. We do not control Apple’s billing systems.
5. User Content
The App may allow you to create, import, or store content such as custom affirmations, journal entries, custom styles, photos, and other materials (“User Content”).
You retain ownership of your User Content. However, you are solely responsible for your User Content and for ensuring that:
- you have the rights to use it
- it does not violate any law or third-party rights
- it is not harmful, abusive, infringing, or unlawful
6. Acceptable Use
You agree not to:
- use the App for any unlawful purpose
- interfere with or disrupt the App
- attempt to reverse engineer, decompile, or extract source code except where prohibited by law from restricting such rights
- circumvent subscription, licensing, or security features
- use the App in a way that could harm us, other users, or Apple’s platforms
- upload or store content you do not have the right to use
7. Health and Safety Disclaimer
Breathing exercises may not be appropriate for every person or every situation. You are responsible for using the App safely and in a suitable environment.
Do not use the App while driving, operating machinery, swimming, in unsafe physical settings, or in any context where relaxation or guided breathing could create a risk of harm.
8. Privacy
Your use of the App is also governed by our Privacy Policy, which explains how information is handled in connection with the App.
9. Third-Party Platforms and Services
The App is distributed through Apple’s platform and may interact with Apple services such as HealthKit, notifications, backups, and in-app purchases. Your use of those services may also be subject to Apple’s terms, policies, and technical limitations.
10. Changes to the App
We may modify, improve, suspend, or discontinue all or part of the App at any time, with or without notice, to the extent permitted by law.
11. Termination
We may suspend or terminate your access to the App if you violate these Terms or misuse the App.
You may stop using the App at any time by uninstalling it.
Sections that by their nature should survive termination will survive, including ownership, disclaimers, limitation of liability, indemnity, and governing law.
12. Disclaimer of Warranties
The App is provided on an “as is” and “as available” basis to the fullest extent permitted by law. We do not guarantee that the App will be uninterrupted, error-free, or suitable for every purpose.
13. Limitation of Liability
To the fullest extent permitted by law, BreathMinder and Steven Plavetzky Jr. will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, goodwill, or business interruption arising from or related to your use of the App.
To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the App will not exceed the amount you paid, if any, for the App in the twelve months before the event giving rise to the claim.
14. Indemnity
You agree to indemnify and hold harmless BreathMinder and Steven Plavetzky Jr. from claims, damages, liabilities, and expenses arising out of your misuse of the App, your User Content, or your violation of these Terms, to the extent permitted by law.
15. Governing Law
These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of laws principles, except to the extent superseded by applicable consumer protection laws.
16. Changes to These Terms
We may update these Terms from time to time. If we do, we will update the “Effective date” above. Your continued use of the App after the updated Terms become effective means you accept the revised Terms.
17. Contact
Questions about these Terms may be sent to:
Steven Plavetzky Jr.
on behalf of BreathMinder
Email: BreathMinder@gmail.com