Terms of Service for Breathetastic
Last Updated: January 2025
1. Agreement to Terms
By downloading, installing, or using Breathetastic ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the App.
Service Provider: 9551-0020 Québec inc.
2. Description of Service
Breathetastic is an educational iOS application designed to help users develop nasal breathing habits. The App uses Apple ARKit face detection technology to monitor breathing patterns and can pause YouTube videos when mouth breathing is detected.
Important Health Disclaimer: Breathetastic is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. Always consult with a qualified healthcare provider for medical advice.
3. Eligibility
The App is available to users of all ages. For users under 18, parental consent and supervision is recommended. By using the App, you represent that you have the legal capacity to enter into these Terms.
4. Subscription Terms
4.1 Free Version
- Limited to 2 minutes of daily usage
- Access to basic breathing monitoring features
- Subject to the same terms and conditions as premium users
4.2 Premium Subscription
- Monthly Subscription: $9.99 CAD per month
- Lifetime Purchase: $34.99 CAD one-time payment
- Unlimited daily usage
- Advanced analytics and statistics
- Session history tracking
- Access to all features and future updates
4.3 Billing and Renewal
- Payment will be charged to your iTunes Account at confirmation of purchase
- Monthly subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
- Your account will be charged for renewal within 24 hours prior to the end of the current period
- You can manage subscriptions and turn off auto-renewal in your Account Settings after purchase
- Any unused portion of a free trial period will be forfeited when you purchase a subscription
4.4 Refund Policy
All purchases are final and processed through Apple's App Store. Refund requests must be submitted through Apple's App Store support in accordance with Apple's refund policy.
5. User Responsibilities
You agree to:
- Use the App only for its intended purpose of breathing awareness and habit formation
- Not use the App while driving, operating machinery, or in any situation where distraction could be dangerous
- Ensure adequate lighting for camera-based face detection to work properly
- Not attempt to reverse engineer, modify, or hack the App
- Not use the App for any illegal or unauthorized purpose
- Respect that the App is for personal, non-commercial use
6. Privacy and Data
Your privacy is important to us. Please review our Privacy Policy to understand how we handle information. Key points:
- We do not collect, store, or transmit any personal data
- Camera access is used only for real-time face detection
- No images or videos are ever saved or transmitted
- All processing happens locally on your device
7. Intellectual Property
The App and all its content, features, and functionality are owned by 9551-0020 Québec inc. and are protected by international copyright, trademark, and other intellectual property laws.
8. Third-Party Content
The App allows viewing of YouTube videos. We are not responsible for:
- The content of YouTube videos
- YouTube's availability or functionality
- Any changes to YouTube's terms or policies
Your use of YouTube within the App is subject to YouTube's Terms of Service.
9. Disclaimers
- The App is provided "as is" without warranties of any kind
- We do not guarantee uninterrupted or error-free operation
- Face detection accuracy may vary based on lighting, device capabilities, and other factors
- We are not responsible for any health outcomes related to use of the App
- The App is an educational tool, not a medical device
10. Limitation of Liability
To the maximum extent permitted by law, 9551-0020 Québec inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use or inability to use the App.
11. Indemnification
You agree to indemnify and hold harmless 9551-0020 Québec inc. and its affiliates from any claims, damages, or expenses arising from your use of the App or violation of these Terms.
12. Termination
We reserve the right to terminate or suspend your access to the App at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users or the App.
13. Changes to Terms
We may modify these Terms at any time. Continued use of the App after changes constitutes acceptance of the modified Terms. We will notify users of significant changes through the App.
14. Governing Law
These Terms are governed by the laws of the Province of Quebec and Canada, without regard to conflict of law principles.
15. Dispute Resolution
Any disputes arising from these Terms or use of the App shall be resolved in the courts of Quebec, Canada.
16. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
17. Entire Agreement
These Terms constitute the entire agreement between you and us regarding the use of the App.
19. Apple-Specific Terms
These additional terms apply to your use of the App on Apple devices:
- These Terms are between you and 9551-0020 Québec inc. only, not with Apple
- Apple has no obligation to provide maintenance or support for the App
- Apple is not responsible for any product warranties or claims
- Apple is not responsible for addressing any third-party claims relating to the App
- Apple and its subsidiaries are third-party beneficiaries of these Terms
- Upon your acceptance of these Terms, Apple has the right to enforce these Terms against you