Last Updated October 2nd, 2019
1. ABOUT US
We are RespireSpace (“Respire", "us", "we" or "our”). We believe that the regular practice of mindfulness and compassion is the key to emotional wellness. We provide tools to the users for breathing exercises, meditation, and analytics to see what works for them.
2. ABOUT THESE TERMS OF SERVICE
3. CHANGES TO THESE TERMS OF SERVICE
We may change these Terms of Service from time to time. We will usually inform you of any changes by posting the updated Terms of Service through the mobile applications and on the Respire website. Your continued use of the Services after the time the changes are communicated will indicate your acceptance of the Terms of Service, including those changes.
4. YOUR ACCOUNT
a. We are currently not maintaining your account and all your information is stored within your device locally.
5. PERMITTED USE OF SERVICES
The Services are made available to you for your non-commercial use only. Additional or separate terms may apply to an organizational account. You agree not to use Respire or any of its content to promote a product or service. You may not modify, reproduce, download, store, distribute, publish, license, or create derivative works from the Services or from the Content.
6. LICENSE & INTELLECTUAL PROPERTY OWNERSHIP
Respire grants you the personal, non-exclusive, revocable, non-transferable right to use the software and technology that is provided as part of the Services for your use in accordance with these Terms of Service. You acknowledge that RespireSpace owns all right, title and interest in and to the Services, including without limitation, all underlying software and technology, and all other Intellectual Property Rights in relation to the Services, other than that owned by third parties.
The Services contain different types of Content: RespireSpace Content, Third Party Content and User Content. In all cases, "Content" means any and all text, images, photos, videos, sounds, postings, messages, recommendations, comments, files, feedback, bug reports, or other materials and works of authorship. Each type of Content that you encounter has different rules and restrictions, as set forth below:
a. Respire content and ownership. As between Respire and you, Respire owns or controls all right, title and interest in the Services and in the Content included within the Services, including its logos, trademarks and all other Intellectual Property Rights it controls.
b. Third party content. We do not exercise control over Third Party Content and you agree that we are not responsible for any Third Party Content.
c. User content and interactions with other users. We do not claim ownership in any Content that you may add to, post on, deliver to, or otherwise make available to the Services through your comments or other features of the Services that may allow you to post or share your own Content ("User Content") and you may choose to take down Content that you have posted. You may not post a photograph or video of another person without that person’s permission.
d. Content restrictions. You agree not to (i) modify, copy, publish, display, transmit, distribute, perform, sell or create derivative works based on the Content and Services; (ii) rent, lease, loan or sell access to the Services; or (iii) decompile, reverse engineer or copy any Content (other than the Content you post) or the Services.
e. Prohibited content. You agree that you will not post or share through the Services any Prohibited Content. "Prohibited Content" includes, without limitation, Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail," "chain letters," unsolicited mass mailing or "spamming"; (iv) is false, misleading, libelous, defamatory or promotes, endorses or furthers illegal activities; (v) infringes the Intellectual Property Rights of another person; (vi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under thirteen (13); (vii) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, malware or other harmful content or code; or (viii) otherwise violates applicable law, the terms of these Terms of Service or potentially creates liability for Respire.
8. COPYRIGHT POLICY
Respire respects the Intellectual Property Rights of creators. If you believe that your work has been displayed, posted, copied or included within the Services in a way that constitutes copyright infringement, please first check to see if the work originated from a third party service. You may notify such third party service directly about alleged copyright violations.
9. SUBSCRIPTION SERVICES & OTHER CHARGES
Certain features of the Respire Service may require a subscription which may be charged in advance or periodically, according to the plan you selected when you began your subscription (the "Subscription Services"). Other features may allow for purchases of premium Content. Your payment may be charged directly by Respire through its payment processor, or through your mobile application provider, in which case you should look to the provider’s terms regarding in–app payments.
a. Your subscriber account. If you purchase Subscription Services, you agree that your subscription is personal to you and the members of your household, and you may not share your account and password with others. Respire will not refund any unused or inadvertently renewed subscriptions, and it is always within Respire's sole discretion whether to grant any refunds. Child Users may not sign up for Subscription Services. If the parent or guardian of a Child User wishes to purchase a Subscription Service for the Child User, the parent or guardian must create an account and gift the subscription to the Child User. In that event, all account information will relate to the parent or guardian and no personal information will be retained for the Child User.
10. YOUR BREACH OF THESE TERMS OF SERVICE
Any breach by you of these Terms of Service may result in, among other things, termination or suspension of your rights to use the Services and deactivation of your account, along with the cancellation of your subscription, if applicable.
11. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. RESPIRE MAKES NO CLAIMS WHATSOEVER ABOUT ANY MEDICAL OR HEALTH BENEFITS FROM THE USE OF THE RESPIRE SERVICES AND DOES NOT PURPORT TO GIVE MEDICAL ADVICE. IT IS SOLELY YOUR RESPONSIBILITY TO CONSULT WITH YOUR OWN MEDICAL AND HEALTH PRACTITIONERS ABOUT YOUR OWN PHYSICAL AND MENTAL HEALTH AND THE MENTAL AND PHYSICAL HEALTH OF ANY CHILD USER FOR WHOM YOU ARE RESPONSIBLE. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED BY YOUR USE OF THE RESPIRE SERVICES. RESPIRE DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR VIEWING OF THE CONTENT AND USE OF THE SERVICES, AND DOES NOT GUARANTEE THAT YOU WILL RECEIVE ANY BENEFIT FROM YOUR USE OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU VIEW THE CONTENT AND USE THE SERVICES AT YOUR OWN DISCRETION AND RISK. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
12. LIMITATION OF LIABILITY
Under no circumstances shall Respire be liable to any User in connection with that User’s use or misuse of the Content or the Services. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise (even if Respire has been advised of the possibility of such damages). This limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Content or Services, from inability to use the Content or Services, from any claim relating to the user of the Content or the Services, or from the interruption, suspension, or termination of the Content or Services. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
You agree to defend, indemnify and hold Respire, their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Content or Services or your violation of these Terms of Service.
If you have comments on the Respire's Services or ideas on how we might improve, please contact us at firstname.lastname@example.org. If you submit any comments or ideas to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all Intellectual Property Rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the comments and ideas for any purpose. The licenses granted under this Section shall survive the termination or expiration of these Terms of Service.
15. INITIAL RESOLUTION OF QUESTIONS OR DISPUTES
If you have any questions or concerns about the Services or these Terms of Services, we strongly encourage you to first contact us directly.
16. MISCELLANEOUS PROVISIONS
If for any reason a court finds any provision or portion of this Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. The provisions of these Terms of Service that by their nature are continuing will survive any termination. This Terms of Service is the entire agreement between the parties with respect to the use of the Services and supersedes and replaces all prior or contemporaneous communications or agreements, written or oral. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by Respire.