Breathtaking - Terms of Service

1) Acceptance of These Terms

By accessing or using Breathtaking's mobile apps (iOS/Android) or website (collectively, the "Service"), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Service.

2) Who May Use the Service

Age:

You must be 18 or older. You will self-certify via checkbox during onboarding. We do not knowingly target under-18 users.

Territory:

Breathtaking operates in the United States only. If you are outside the U.S., do not use the Service. We may use technical controls to enforce geographic limits.

Accounts:

Use of the Service requires creating an account with email verification. One account per person; no account sharing.

Children's Privacy:

The Service is not directed to children under 13. We do not knowingly collect personal information from children. If we learn we have collected such information, we will delete it immediately.

3) Your Account & Security

Registration:

Provide accurate information and keep it updated. Passwords must be at least 8 characters.

Security:

Keep your login credentials confidential; you are responsible for all activity under your account.

Inactive Accounts:

If your account is inactive for 24 months, we may delete your account and associated data after 30 days' email notice. Log in before deletion to keep your account.

4) The Service & Platforms

What We Offer:

Personalization of daily practices (breathwork, meditation, yoga, journaling) based on personality type and current emotional state to support nervous-system regulation and mental fitness.

Availability:

We may update features with reasonable notice for material changes affecting core functionality. No uptime guarantee.

Platforms & Minimum OS:

iOS 15.0+, Android 8.0 (API 26)+, and web.

Accessibility:

We strive to maintain WCAG 2.1 AA standards for web and mobile accessibility. If you encounter accessibility barriers, please contact support@tarexventures.com and we'll work to provide the content in an alternative format.

Permissions:

Optional push notifications (you may disable them in settings).

Third-Party Services:

The Service links to or uses third-party platforms (e.g., YouTube for exercise videos). Your use of those services is governed by their terms and policies. We do not control or guarantee their content, availability, or performance.

5) Intellectual Property & Content

5.1 Our Content

We own all rights in the Breathtaking Service and content, including our proprietary personality assessment, practice-matching algorithm, journaling prompts and exercises, our brand (name, logo), and our selection/curation of practices. These are protected by copyright, trademark, and other laws. Except as allowed by these Terms, you may not copy, modify, distribute, or create derivative works without our written permission.

5.2 Third-Party Content (e.g., YouTube)

Exercise videos are hosted by third parties and owned by their creators. We do not guarantee the continued availability, quality, or accuracy of any third-party content. If a video becomes unavailable, we'll try to suggest alternatives but cannot guarantee like-for-like replacements. Your use of third-party platforms is subject to their terms.

5.3 Your Content (Journaling)

You retain ownership of journal entries you create in the app. You grant us a limited license to store, process, and display your entries back to you and to create fully anonymized, aggregate insights to operate and improve the Service. We do not use your content for advertising.

Export:

You may request an export of your journal entries at any time by emailing support@tarexventures.com. We will provide a readable format (PDF or text) within 30 days. Practice statistics are viewable in-app but are not provided as raw exports.

5.4 Brand Use & Trademarks

You may truthfully reference Breathtaking in reviews and social contexts and use screenshots for personal, non-commercial sharing. You may not use our trademarks commercially, imply endorsement or affiliation, create derivative logos, use "Breathtaking" in domain/app names, or impersonate us. For press/partnership use, request written permission.

5.5 Copyright Infringement

While user content is private, if you believe any content in our Service infringes your copyright, please notify us at legal@tarexventures.com with: (i) identification of the copyrighted work, (ii) identification of the allegedly infringing material, (iii) your contact information, (iv) a statement of good faith belief, and (v) a statement of accuracy under penalty of perjury. We will terminate repeat infringers in appropriate circumstances.

6) License & Acceptable Use

6.1 License

We grant you a personal, limited, revocable, non-exclusive, non-transferable license to use the Service for your individual, non-commercial wellness purposes in the U.S. only, subject to these Terms.

6.2 Prohibited Conduct

You agree not to: reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, algorithms, or underlying models; scrape, spider, or harvest the Service or data (including via automated means) except as allowed by our robots.txt or written permission; circumvent security, access control, or rate limits; share, sell, or otherwise disclose your account; use the Service to provide competing or derivative services; upload malware, interfere with operation, or abuse support channels; use the Service in violation of laws or these Terms.

7) Privacy & Data

Your data is yours. We collect: account info (email, name), personality test responses, weekly "5 lever" ratings, practice completion data, journal entries, usage analytics, and device info.

Why:

To personalize practices and run/improve the Service (including fully anonymized patterns).

Storage & Security:

All user data is stored on U.S.-based Firebase (Google Cloud) servers only. Data does not leave the United States. We use encryption (TLS in transit, AES at rest).

Sharing:

We do not share your personal data with third parties except as required by law.

No Ads / No Sale:

We never sell your personal data or use it for advertising.

Export & Deletion:

Email support@tarexventures.com to request journal export (within 30 days) or account deletion (we delete within 7 days; residual backups and logs are purged within 30 days after deletion).

Cookies:

Website only, basic analytics cookies. The app does not use cookies.

Analytics:

We use Mixpanel to track usage patterns (e.g., exercise completions) to improve the Service. This data is linked to your account. We do not use analytics data for advertising. See Mixpanel's privacy policy at mixpanel.com/legal/privacy-policy.

Ads & "Sharing":

We do not use Firebase or other tools for cross-context behavioral advertising; ad personalization is disabled. We do not "sell" or "share" personal information as those terms are defined under California law.

Breach Notifications:

If a breach of personal information or consumer health data occurs, we will notify affected users without unreasonable delay and no later than the earliest deadline required by applicable law, including but not limited to: California Civil Code §1798.82 (within 72 hours of determination for certain breaches), Colorado (30 days), New York (reasonable time without unreasonable delay), Washington (30 days), and where applicable, the FTC Health Breach Notification Rule (16 C.F.R. Part 318). We will also notify regulators and, if required, the media.

CCPA:

Basic compliance—California users may request deletion; we will enhance compliance if statutory thresholds are met.

Consumer Health Data:

For residents of Washington, Nevada, and Connecticut, your emotional state ratings, practice data, and exercise completion analytics may be considered "consumer health data" under state law. We obtain your separate, informed opt-in consent before collecting this data during onboarding—this includes analytics tracked via Mixpanel. If you do not consent, you may not use the Service. You may withdraw consent at any time by deleting your account in Settings, which will delete your consumer health data as described in "Export & Deletion." We never sell consumer health data. We do not use geofencing around healthcare facilities.

See also our separate Privacy Policy (if provided). In case of conflict, the separate Privacy Policy controls privacy matters.

8) Health & Safety Disclaimers

BREATHTAKING PROVIDES GENERAL WELLNESS CONTENT ONLY. WE DO NOT PROVIDE MEDICAL, PSYCHOLOGICAL, OR OTHER PROFESSIONAL HEALTHCARE SERVICES, AND THE SERVICE IS NOT A MEDICAL DEVICE OR A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT.

Physical-Activity Caution:

Some practices may not be appropriate if you are pregnant, have cardiovascular or respiratory conditions, a history of fainting, glaucoma, uncontrolled hypertension, or other medical concerns. Stop immediately if you feel dizzy, faint, short of breath, or in pain, and consult a licensed clinician before resuming.

No emergency monitoring:

We do not monitor your activity or location and cannot respond to crises.

Crisis resources:

If you are in crisis or think you may harm yourself or others, call 911, 988 (Suicide & Crisis Lifeline) or text 'HELLO' to 741741 (Crisis Text Line) or local emergency services immediately.

No guaranteed outcomes:

Individual results vary; we make no promises of specific improvements or timelines.

Educational references:

We may show educational materials about breathing techniques, meditation, yoga, journaling, or personality psychology. These are not prescriptions or clinical guidance.

9) Communications & Marketing

We may send you emails, in-app messages, and (if enabled) push notifications about your account, product updates, and service announcements. You can opt out of marketing emails and disable push notifications; you will still receive essential transactional messages (e.g., legal notices). Terms changes are notified by email (§14).

Electronic Records Consent:

By creating an account, you agree to receive required disclosures electronically and confirm you can access and retain them (hardware/software requirements provided at sign-up). You may withdraw consent or request paper copies any time.

10) Platform & App Store Terms

If you obtained the app via Apple or Google, their terms and policies apply to your download and use of the app. Apple/Google are not responsible for providing support for the Service; we are.

11) Feedback

If you send ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation.

12) Suspension & Termination

We may suspend or terminate your access if you violate these Terms, share credentials, abuse support, or attempt to compromise security.

Mental-wellness context:

We will make reasonable efforts to provide notice before termination, unless the violation involves fraud or security threats.

You may close your account at any time via request to support@tarexventures.com. Upon termination, your license ends and you must stop using the Service.

13) Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Force Majeure:

We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14) Changes to These Terms

We may update these Terms from time to time. We will notify you by email of material changes and indicate the "Effective Date" at the top. Changes apply on the stated effective date. If you do not agree, discontinue use before the effective date; continuing to use the Service after that date means you accept the changes.

15) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

16) Indemnification

You agree to defend, indemnify, and hold harmless Breathtaking and our officers, directors, employees, and agents from and against claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your violation of these Terms, or your violation of any law or third-party right.

17) Dispute Resolution; Governing Law; Arbitration; Class-Action Waiver

Governing Law:

These Terms and any dispute are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules.

Binding Arbitration

You and Breathtaking agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court, except that either party may bring individual claims in small claims court if they qualify.

Arbitration Procedures:

The arbitration will be conducted in the English language by a single arbitrator in San Mateo County, California, or, if you prefer, by telephone, video conference, or based on written submissions. The arbitrator may award the same damages and relief that a court could award. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Fees:

If you initiate arbitration, you will pay the AAA filing fee (currently $200 for claims under $10,000). We will pay all remaining AAA fees and arbitrator compensation. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, the parties will split the AAA fees and each party will bear their own attorneys' fees.

Small Claims Court Exception

Notwithstanding the above, either party may bring an individual action in small claims court for Disputes within that court's jurisdiction. If a Dispute is filed in small claims court and remains there, the arbitration requirement does not apply.

Class-Action Waiver

YOU AND BREATHTAKING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Severability:

If the class-action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and the Dispute shall be decided by a court.

18) International Use & Export

The Service is offered only in the United States. You may not use or export the Service in violation of U.S. export laws and regulations.

19) Miscellaneous

Entire Agreement:

These Terms (and any referenced policies) are the entire agreement between you and Breathtaking regarding the Service.

Severability:

If any provision is unenforceable, the remainder remains in effect.

Assignment:

You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

No Waiver:

Our failure to enforce a provision is not a waiver.

Headings:

Headings are for convenience only.

Notices:

Legal notices may be sent to legal@tarexventures.com and will be deemed given when emailed to your account email.

App-Specific Notices (Apple/Google)

If you download our app from Apple App Store:

• This license is between you and Tarex Ventures Inc., not Apple
• Apple has no obligation to provide support or maintenance
• If the app fails to conform to any warranty, you may notify Apple for a refund of the purchase price (if any)
• Tarex Ventures Inc., not Apple, is responsible for addressing any claims relating to the app
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them
• You must comply with all applicable App Store terms

If you download from Google Play, their terms and policies apply to your download and use of the app.