1. Acceptance of Terms
These Terms of Service ("Terms") form a binding agreement between you and Beats and Breath LLC, a Delaware limited liability company ("Beats and Breath", "we", "us"), governing your access to and use of our website, the Beats and Breath mobile application, live and corporate experiences, and any related products and services (collectively, the "Services"). If you do not agree, do not use the Services.
2. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account and use the Services. If you are between 13 and 18, you may use the Services only with the supervision of a parent or legal guardian who agrees to these Terms on your behalf. The Services are not intended for children under 13.
3. Your account
You are responsible for keeping your account credentials confidential and for all activity under your account. Notify us immediately at support@beatsandbreath.com if you suspect unauthorized access.
4. License to use the Services
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial benefit. We reserve all rights not expressly granted.
5. Intellectual property
The Services, including all audio, music, breathing protocols, text, graphics, logos and software, are owned by Beats and Breath or our licensors and are protected by United States and international copyright, trademark and other laws. Sonic Breathwork™ and the Beats and Breath name and logo are trademarks of Beats and Breath LLC. You may not copy, modify, distribute, sell, lease or create derivative works from any part of the Services without our prior written permission.
6. User conduct
You agree not to:
- Use the Services in any unlawful manner or in violation of any third-party rights.
- Reverse engineer, decompile, scrape or attempt to extract source code or audio assets.
- Bypass authentication, rate limits or security measures.
- Upload malicious code or interfere with the Services or other users.
- Use the Services to provide competing breathwork content without our written consent.
7. Medical disclaimer (please read carefully)
Beats and Breath provides wellness content for informational and educational purposes only. We are not a medical provider, and the Services are not a substitute for medical advice, diagnosis or treatment. Breathwork can cause lightheadedness, tingling, dizziness, changes in blood pressure or other physiological responses. Do not practice while driving, operating machinery, in or near water, or in any setting where these effects could cause harm. Consult a qualified healthcare professional before beginning any breathwork practice, particularly if you have or have had heart or blood-pressure conditions, respiratory conditions (including asthma or COPD), epilepsy or a history of seizures, glaucoma or recent eye surgery, an aneurysm, are pregnant, have a history of psychiatric conditions, or take prescribed medication that may be affected by changes in respiration. Stop the practice immediately if you feel unwell. By using the Services, you acknowledge that you participate at your own risk.
8. Purchases, subscriptions and refunds
Some features of the Services may be offered through paid subscriptions or one-time purchases. Pricing, billing cycles and available payment methods are presented at the point of purchase. Subscriptions automatically renew until cancelled through the relevant app store or account settings. Except where required by applicable law, payments are non-refundable.
9. Third-party services and links
The Services may link to or integrate with third-party services (for example, Apple App Store, Google Play, MailerLite, payment processors). Beats and Breath does not control and is not responsible for those services. Your use of them is governed by their own terms and privacy policies.
10. Disclaimers of warranties
The Services are provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement and quiet enjoyment. We do not warrant that the Services will be uninterrupted, error-free or secure, or that any content will be accurate, complete or reliable.
11. Limitation of liability
To the fullest extent permitted by applicable law, Beats and Breath, its members, managers, employees, contractors, affiliates and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any loss of profits, revenue, data, goodwill or business opportunities, arising out of or related to your use of the Services, even if advised of the possibility of such damages. Our aggregate liability for any claim arising out of or relating to these Terms or the Services will not exceed the greater of one hundred US dollars (US $100) or the amounts paid by you to Beats and Breath in the twelve (12) months preceding the claim.
12. Indemnification
You agree to indemnify, defend and hold harmless Beats and Breath and its members, managers, employees and affiliates from and against any claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Services, (b) your violation of these Terms, or (c) your violation of any law or third-party right.
13. Governing law
These Terms and any dispute arising out of or related to them or the Services are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws principles, and exclusive of the UN Convention on Contracts for the International Sale of Goods.
14. Dispute resolution
Before filing any formal claim, you agree to first contact us at support@beatsandbreath.com and attempt to resolve the dispute informally for at least sixty (60) days. If we cannot resolve the dispute, any claim must be brought exclusively in the state or federal courts located in Delaware, and you and Beats and Breath consent to personal jurisdiction and venue in those courts. To the extent permitted by law, you and Beats and Breath waive any right to a jury trial and any right to participate in a class action.
15. Changes to the Services or Terms
We may update the Services and these Terms from time to time. Material changes will be communicated by updating the "Last updated" date and, where required by law, by a more prominent notice. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.
16. Termination
We may suspend or terminate your access to the Services at any time for any reason, including suspected violation of these Terms. Sections that by their nature should survive termination (including IP, disclaimers, limitation of liability, indemnification and governing law) will survive.
17. Severability and entire agreement
If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Beats and Breath regarding the Services.
18. Contact
Beats and Breath LLC
Delaware, United States
Email: support@beatsandbreath.com