This document sets forth the Terms and Conditions (the “Terms”) between OMG. I Can Meditate! Inc and/or breethe.com. (referred to herein as “Breethe”, “Us”, or “We”) and the user (referred to herein as “You”, or the “User”) under which we provide content, products or services via breethe.com (the “Website”), via our downloadable mobile applications (the “Apps”), via our chatbots (Alexa, Facebook Messenger) (the “Chatbots”) or via partner websites, storefronts or other delivery methods, (the Website, the Apps, Chatbots and all related content, products, and services are collectively referred to herein as the “Program”).
By using the Program, you hereby agree to these Terms. In some instances, over and above these Terms, there may be separate guidelines, rules, or terms of service that may apply to your use of the Program, or to a service or product offered by us (“Additional Terms”). To the extent there is a conflict between these Additional Terms and the Terms, the Additional Terms will take precedence, unless the Additional Terms expressly state otherwise.
The Program is comprised of two levels of service. A free, limited usage version of the service (the “Free Service), and a full paid version of the service (the “Premium Service”).
A) Free Service: You may sign up for the Free Service of the Program without charge or obligation. As a user of the Free Service, you will have limited access to the content and services provided by the Program,
B) Premium Service: As a Premium User, you will have full access to the content and services provided by the Program. By becoming a Premium User, you warrant that: (a) You are legally capable of entering into binding contracts; (b) All registration information you submit is truthful and accurate; (c) You will maintain the accuracy of such information; and (d) Your use of the Program does not violate any applicable law or regulation.
Usage of both the Free Service and Premium Service of the Program require you to register your e-mail account, and to create a username and password in conjunction with your e-mail address. Neither the Free Service or the Premium Service are transferrable. You must be 18 years of age or older to create an account. By creating an account, you certify that you are 18 years and older. The Program is intended to be operated only by adults. Content available for children must be used solely under the supervision of their parent, guardian or authorized school official.
You can become a Premium Service user by subscribing to the Premium Service from the Website, from certain versions of the Apps, or from certain partner storefronts.
Breethe offers monthly, annual, multi year and, occasionally, lifetime subscription options. Our “Monthly” subscription is paid in monthly instalments. For each month that your monthly subscription is active, you acknowledge and agree that Breethe is authorized to charge the same credit card or other payment method (the “Payment Method”) as was used for the initial subscription fee in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period. You may discontinue auto-renewals of your subscription at any time by logging into your account and following instructions in your account settings. When available, our “Yearly” subscription is paid in yearly instalments. For each year that your yearly subscription is active, you acknowledge and agree that Breethe is authorized to charge the same credit card or other payment method (the “Payment Method”) as was used for the initial subscription fee in the amount of the then current yearly subscription fee. The yearly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription before it renews each year in order to avoid billing of the next year’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-year subscription period. You may discontinue auto-renewals of your subscription at any time by logging into your account and following instructions in your account settings. When available, our “1 Year” and “Two Year” subscriptions are paid for by an upfront one-time payment.. Refunds cannot be claimed for any partial subscription period. When available, our “Lifetime” subscription is paid for by a one-off upfront payment. (For the purposes of our Lifetime subscription, Lifetime constitutes the lifetime of the specific content and services of the product. We make no warranties or representations as to the expected lifetime of the services). You agree to promptly notify Breethe of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you. Our obligation to provide service is only valid once we have received payment and we have confirmed your purchase to you by email. You agree not to hold us responsible for banking charges incurred due to payments on your account. We may at any time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to the Program or any services offered through the Program. We will notify you by email in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription in your account settings or by emailing us at firstname.lastname@example.org.
Account Information & Security
When registering for the Program, you agree to provide accurate and current information about yourself, and to promptly update such information as necessary in order to ensure that it is accurate and complete. Any passwords used for this site are for individual use only. You will be responsible for the security of your password. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Breethe reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Breethe reserves the right to investigate suspected violations of these Terms. Breethe reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. By accepting this agreement you waive and hold harmless Breethe from any claims resulting from any action taken by Breethe during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Breethe or law enforcement authorities.
Copyright & License
By using the Program, you agree that Breethe shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind.
All title and copyrights in and to the Program are owned by Breethe. Usage of the Program is licensed to you for the term of your use of the Program and not sold to you. Your right to use the Program is limited, personal, non-transferable, and non-exclusive.
You may not delete or obscure any copyright, trademark or other proprietary notice on the any part of the Program or accompanying printed materials. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Program. You may not rent, lease, or sublicense the Program, create derivative works based on the Program, or otherwise commercially exploit the Program.
In connection with the use of the Program, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright and trademark infringement (“Applicable Law”). The Program includes intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States, Canada and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
Except as expressly provided, nothing herein or within the Program shall be construed as conferring any license under any of Breethe’s or any third party’s intellectual property rights, whether by implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Program, including, without limitation, the Applications and the Website, are protected by copyright, trademark, patent, or other proprietary rights of Breethe, licensors, and/or service providers. Without limiting the generality of the foregoing, the rights granted to you herein are expressly made subject to full and strict compliance by you with any and all of the provisions of these Terms and applicable Additional Terms, including, without limitation, full and strict compliance with all of the following limitations: you undertake, acknowledge and agree that you shall not, and shall not allow any other third party, to: (a) remove any copyright, trademark or other proprietary notice or disclaimer (each, a “Notice”) from the Program; (b) make a use of the Program for any purpose other than the purpose for which such intellectual property is made available to you; (c) modify, copy, adapt, translate or create derivative works, of any kind whatsoever, of the Program or any components used in connection with the Program; or (d) reverse engineer, de-compile, disassemble or otherwise attempt to derive the source code of the Program or any components used in connection with the Program.
Submitted Content & Postings
You are responsible for the content of any information you post publicly to, or by way of, the Program, or otherwise submit (“User Content”). You hereby grant to Breethe, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.
Breethe has no obligation to, and does not in the normal course, monitor or control any User Content that is or becomes available via the Program. However, Breethe reserves the right to review any User Content that is or becomes available via the Program. Breethe reserves the right to remove any User Content that, in Breethe’s sole discretion, is illegal, violates third party rights, is inconsistent with the nature and purpose of the Program, or is otherwise inappropriate, however, Breethe has no obligation to exercise such reservation of rights.
User Content submitted by you or others need not be maintained by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content on the Program or elsewhere.
Certain parts of the Program may be hyper-linked to other sites that are not maintained by, or related to, Breethe. The inclusion of any hyper-link to a third-party site does not imply endorsement, sponsorship or recommendation by Breethe of that site. Hyper-links to such sites are provided as a service to Users and are not sponsored by or affiliated with this site. We have not reviewed any or all of such sites and we are not responsible for the content of those sites.
Availability of the Program
Although we aim to offer you the best service possible, we make no promise that the Program will meet your requirements and we cannot guarantee that the operation of the Program will be fault free. If you notice any technical issues with the Program, please report it to us at email@example.com and we will make our best efforts to address the issue as soon as possible. Your access to the Program may be occasionally restricted to allow for regular maintenance or the introduction of new features or versions.
Breethe is a provider of online and mobile meditation-related content in the health & wellness space. We do not provide medical or psychological advice. Although there is substantial research demonstrating the benefits of meditation, we make no claims or guarantees that this will be the case in any individual circumstance through the use of the Program. Any user experiencing medical or psychological issues should consult their doctor. Any advice or other materials contained in the Program are intended for general information purposes only. They are not a substitute for professional medical or psychological advice or treatment based on your personal circumstances. The Program should not be used while operating a vehicle, machinery, or in any situation where your full attention is required for your safety.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER BREETHE NOR ITS LICENSORS WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT USAGE OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.
Limitation of Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BREETHE, ITS LICENSORS, DIRECTORS, EMPLOYEES OR SHAREHOLDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE PROGRAM, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON CONTENT CONTAINED WITHIN THE PROGRAM, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
Release and Indemnity
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST BREETHE, ITS LICENSORS, DIRECTORS, EMPLOYEES OR SHAREHOLDERS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE PROGRAM. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, BREETHE ITS LICENSORS, DIRECTORS, EMPLOYEES OR SHAREHOLDERS, FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE PROGRAM OR FAILURE TO ABIDE BY APPLICABLE LAW.
You acknowledge and agree that Breethe reserves the right at any time to modify or discontinue the Program, in whole or in part, with or without notice to you, and that Breethe will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
Termination by Us
You acknowledge and agree that Breethe, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, the Program, and remove and discard any information or content related to such Program (and your use thereof), where Breethe believes that you have violated the Terms. You further agree that Breethe shall not be liable to you or to any other person as a result of any such suspension or termination.
Cancellation by You
You may cancel your monthly subscription at any time and avoid further auto-renewals through following instructions in your account settings.
Trademarks and Copyright
Use of the Breethe logo, or any other marks used in the Program without the express written consent of Breethe, or the owner of the mark as the case may be, is strictly prohibited.
All information and content contained on, or made available over, the Program are copyright of Breethe, or its licensors. All rights reserved. Any copying, re-publication or re-distribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owner and Breethe.
Governing Law and Miscellaneous
The Terms constitute the entire agreement between Breethe and you pertaining to your use of the Program and supersede any prior agreements between you and Breethe. Breethe’s failure to insist upon or enforce strict performance of any right or provision of the Terms shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The Terms shall be governed by and construed in accordance with the laws of the province of Quebec, Canada. You agree that any dispute in connection with the Program shall be the sole and exclusive jurisdiction of the courts of Montreal, Canada and you irrevocably agree to the jurisdiction of such courts. These Terms, and any Additional Terms as the case may be, may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Breethe. We are free to assign the Terms and Additional Terms and to delegate our duties.
In connection with the Program you may receive communications and notifications from within the Program, via e-mail or via third-party social network notifications. These communications may be of an informative or promotional nature such as information about new features or price promotions available in the Program. If you do not wish to receive such communications you may unsubscribe or adjust your preferences using the links at the bottom of each email.
Modifications to the Terms
The Program and the terms and conditions of its use will evolve as our services evolve. Accordingly, you agree that the Terms, and any Additional Terms, are subject to prospective change from time to time upon notice, and your continued use of the Program is conditioned upon your acceptance of any modifications hereto that are then posted on the Program, which you acknowledge is a sufficient means of giving you notice of the prospective changes.
If you use the Program from locations outside of North-America, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. We reserve the right to limit the availability of the Program, and/or the provision of any content, program, product, service, or other feature described or available on or in connection with the Program, to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.
If you have any questions or concerns regarding these Terms, please email: firstname.lastname@example.org .
Certain content and features of Breethe are free, and others require Premium access, which requires payment of subscription fees. This Payment Policy describes the terms and conditions of our various subscription plans.
1. Overview of Subscription Plans and Payments
We offer various plans, and payment frequencies. The specific pricing terms applicable to your account may vary depending on promotions, the type of subscription and the term you select at the time of purchase (e.g., monthly, yearly, two-year, or lifetime). Some of our subscription plans renew automatically, as described in more detail below, and some require manual renewal at the end of the subscription period. If you have questions regarding your plan following your purchase, please refer to the Account Settings menu item or the confirmation email you receive after your purchase.If you purchase a monthly plan, you will be charged for the full month’s payment at the beginning of each month; if you purchase a yearly plan or two-year plan, you will be charged for the entire year or two-year term at the beginning of the respective term. Should we offer plans of other terms, they will be charged on the same basis. Please note that we may use a third-party payment processor to facilitate your payments.
2. Refund Policy
Breethe subscriptions made online at breethe.com, except the monthly plan (e.g., yearly, two-year, and lifetime plans), offer a 30 day, 100% money back guarantee. You may receive a refund by contacting our customer support team within 30 days of your purchase. After that 30 day period, refunds will not be provided. We do not pro-rate refunds or offer partial refunds, and we do not offer refunds for monthly subscriptions.Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone or iPad applications, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds.
Monthly subscriptions made online at breethe.com, renew automatically using the payment details on file for your account. If you purchase a subscription with automatic renewal, you acknowledge and agree that we are authorized to use the payment information on file for the renewal fee. The anniversary date of your subscription can be found either in the Account Settings menu item, or in the payment confirmation email sent after your initial purchase. You may unsubscribe at any time before the next renewal date in Account Settings or by contacting our customer support team. This will stop any future subscription charges to your account.
Monthly subscription plans set up through mobile storefronts, such as Apple’s App Store, can be cancelled or modified directly in the account settings area of such storefront. Breethe has no control over these subscriptions.
4. Pricing Change Policy
Our prices may change in the future. If the pricing for your subscription plan does increase, we will notify you in advance to provide you with an opportunity to modify or cancel your subscription.
5. Payment Information
By providing payment information to us, you agree that the payment information is your own, or if it is in someone else’s name, that you have been authorized to use it for this purpose.If you provide someone else’s payment information, all refunds will be applied to that person if they so request if the account is eligible for a refund under this Payment Policy. This may cause interruption to or termination of your service.
6. Lifetime Subscription Plans
From time to time, Breethe may offer a “lifetime” subscription plan that would provide access to the full services of the Breethe program for as long as those services are available. Lifetime subscription plans may not be assigned to any other person. Breethe makes no warranties or representations as to the expected lifetime of the Breethe services, and in purchasing a lifetime plan, you acknowledge and agree that the Breethe services could change or terminate in the future.This Payment Policy is incorporated into our Terms and Conditions, and applies to all users who have purchased a Premium subscription plan to access Breethe, either online or through a mobile application.