Terms of Service

These Terms of Service (“Terms”) are an agreement between you and [Company legal name] (“we”, “us”, “Breathaway”) governing your use of the Breathaway mobile application and this website (together, the “Service”). By creating an account or using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

1. Who can use Breathaway

You must be at least 18 years old and legally able to enter into this agreement. You may not use the Service if you have previously been removed from it, or if applicable law prohibits you from doing so. One person, one account.

2. Your account

You sign in with your phone number. You are responsible for keeping access to that number and for activity that takes place under your account. Please give us accurate information, and tell us at [contact email] if you believe your account has been accessed by someone else.

3. Using the Service

We grant you a personal, non-exclusive, non-transferable, revocable licence to use the Service for your own, non-commercial use, subject to these Terms. We may add, change, or remove features over time.

The Service helps you connect with other people. We cannot guarantee that any particular person uses the Service, will join it, or will respond to you, and we do not promise any specific outcome.

4. How you agree to behave

You agree not to:

• Use the Service to harass, stalk, threaten, intimidate, or impersonate anyone.
• Submit information in bulk, or use the Service to determine whether a particular person is a member.
• Use bots, scrapers, or automated means to access, probe, or copy the Service.
• Attempt to reverse-engineer the Service, or circumvent any privacy, security, or rate-limiting measure.
• Use the Service for commercial solicitation, advertising, or spam.
• Break the law, or infringe anyone’s rights.

5. Content you submit

You keep ownership of anything you submit. You grant us a limited, worldwide, royalty-free licence to host, store, and process it solely to operate and improve the Service. You are responsible for having the right to share whatever you submit.

6. Privacy and data protection

Our handling of personal data is described in our Privacy Policy, which forms part of these Terms. Please read it — it explains what we store, for how long, and how to have it deleted.

We act as the controller of your personal data under the EU and UK GDPR, and as the Data Fiduciary under India’s Digital Personal Data Protection Act, 2023. We process your personal data on the legal bases set out in the Privacy Policy, and where we rely on your consent you can withdraw it at any time — as easily as you gave it — by writing to [contact email] or changing the relevant setting. You have rights of access, correction, erasure and grievance redressal, and the right to nominate someone to exercise them on your behalf; section 12 of the Privacy Policy explains how to use them.

You are responsible for the details you enter about other people. Only submit a phone number or handle you have obtained lawfully, and stop using it if that person asks you to.

7. Subscriptions and purchases

The core of the Service is free. We may offer optional paid features as one-off purchases or auto-renewing subscriptions through the Apple App Store or Google Play.

• Prices, the billing period, and what is included are shown in the app before you purchase, and may vary by country and by store.
• Payment is charged to your App Store or Google Play account at confirmation of purchase.
• Subscriptions renew automatically for the same period at the then-current price unless cancelled at least 24 hours before the end of the current period.
• You can manage or cancel a subscription in your App Store or Google Play account settings. Deleting the app alone does not cancel a subscription.
• Refunds and cancellations are handled under the policies of the store you purchased through, and by applicable law, including any statutory right of withdrawal you may have.
• We may change prices for future billing periods; where required, we will give you notice and the chance to cancel before the change takes effect.

8. Suspension and removal

We may suspend or terminate your access if you breach these Terms, if we are required to do so by law, or if we reasonably believe your use puts other people at risk. Where it is appropriate and lawful, we will tell you why. You may stop using the Service and delete your account at any time — see our account deletion page.

9. Changes to the Service and to these Terms

We may change or discontinue features. If we make material changes to these Terms, we will update the effective date above and give you notice in the app or by email before they take effect. Continuing to use the Service after that means you accept the updated Terms.

10. Disclaimers

The Service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all implied warranties, including fitness for a particular purpose and uninterrupted or error-free operation. We do not conduct background checks on users, and we are not responsible for the conduct of any user, online or offline. Please use your judgement and take care when meeting anyone.

11. Limitation of liability

To the fullest extent permitted by law, [Company legal name] will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill. Our total liability for any claim relating to the Service is limited to the greater of the amount you paid us in the twelve months before the claim, or [liability cap]. Nothing in these Terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence.

12. Indemnity

You agree to indemnify and hold harmless [Company legal name] and its officers, employees, and agents from claims arising out of your misuse of the Service or your breach of these Terms, to the extent permitted by law.

13. Governing law

These Terms are governed by the laws of [jurisdiction], and the courts of [jurisdiction] have exclusive jurisdiction over any dispute, without affecting any mandatory consumer rights you have where you live.

14. General

If a provision of these Terms is found unenforceable, the rest remains in effect. Our not enforcing a provision is not a waiver of it. You may not transfer your rights under these Terms; we may transfer ours in connection with a merger, acquisition, or sale of assets. These Terms, together with the Privacy Policy, are the entire agreement between us.

15. Contact us

[Company legal name], [postal address], [jurisdiction]. Email: [contact email], or use our contact page.