Breath Hero — Terms of Service

Effective Date: April 6, 2026 Version: 1.0

These Terms of Service ("Terms") govern your use of the Breath Hero mobile application ("App," "Service," or "Breath Hero"), operated by Breath Hero ("we," "us," or "our"). By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.

1. Description of Service

Breath Hero is a breathwork coaching application that provides guided breathing exercises, CO2 tolerance testing, progress tracking, and educational content. The App is available on iOS and Android devices.

2. Eligibility

You must be at least 13 years of age to use Breath Hero. If you are under 18, you must have parental or guardian consent. By using the App, you represent that you meet these requirements.

3. Account Registration

To use the App, you must create an account using Apple Sign-In or Google Sign-In. You are responsible for maintaining the security of your account credentials and for all activity under your account. You agree to provide accurate information during registration.

4. Health and Safety

4.1 Not Medical Advice

Breath Hero provides breathwork coaching and education only. The App is not a medical device, does not diagnose or treat any medical condition, and is not a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider before beginning any breathwork practice, particularly if you have a cardiovascular, respiratory, or neurological condition, are pregnant, or have a history of seizures, panic attacks, or fainting.

4.2 Safety Requirements

You agree to follow these mandatory safety protocols when using the App:

• Environment: Never practice breathwork techniques in or near water, while driving, operating machinery, or in any situation where impaired consciousness could pose a danger.
• Positioning: Practice in a seated, supported, or reclined position only.
• No forcing: Never force or strain the breath beyond your comfort.
• Moderation: Use high-rate breathing techniques moderately and stop immediately if you feel dizzy, lightheaded, or unwell.
• Breath retention: Breath-holding exercises (including the CO2 tolerance test) are guided assessments, not endurance challenges. Follow the App's instructions and do not exceed your capacity.

4.3 Assumption of Risk

Breathwork involves voluntary changes to breathing patterns that can produce physical and psychological effects including lightheadedness, tingling, changes in consciousness, and emotional release. You acknowledge these inherent risks and assume full responsibility for your health and wellbeing during practice. You agree that you are voluntarily participating in breathwork activities at your own risk.

4.4 Limitation of Liability

To the maximum extent permitted by applicable law, Breath Hero, its operators, affiliates, instructors, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the App or any breathwork practice performed in connection with the App, including but not limited to personal injury, illness, property damage, or death.

This limitation applies regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if Breath Hero has been advised of the possibility of such damages. In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability shall be limited to the maximum extent permitted by law.

In no event shall our total aggregate liability exceed the amount you paid to Breath Hero in the twelve (12) months preceding the event giving rise to the claim, or fifty US dollars ($50), whichever is greater.

5. Purchases and Payments

5.1 Free and Pro Tiers

Breath Hero offers both free content and a one-time lifetime purchase ("Breath Hero Pro"). Free users have access to a limited selection of breathing patterns and features. Pro users have access to all patterns, challenges, advanced progress tracking, and additional content.

5.2 Billing

Breath Hero Pro is a one-time purchase processed through the Apple App Store or Google Play Store ("Platform"). By completing a purchase, you authorize the applicable Platform to charge your payment method at the price displayed at the time of purchase. Prices are displayed in your local currency and may vary by region. There are no recurring charges.

5.3 Access

Your Pro access is tied to your Breath Hero account. It is not transferable to other accounts or devices outside the normal app store restore mechanism. To restore a previous purchase on a new device, use the restore purchase option within the App.

5.4 Refunds

Purchases are processed and managed by Apple or Google. Refund requests must be directed to the applicable Platform:

• Apple: reportaproblem.apple.com
• Google: Google Play Help

We do not process refunds directly. Refund eligibility is determined by each Platform's refund policy.

6. User Conduct

You agree not to:

• Use the App in any manner that violates these Terms or applicable law.
• Attempt to reverse-engineer, decompile, or extract source code from the App.
• Use the App to harm, harass, or infringe on the rights of others.
• Circumvent security features, access controls, or purchase gates.
• Create multiple accounts to abuse free-tier limits or promotional offers.
• Use automated systems (bots, scrapers) to access the App.

We reserve the right to suspend or terminate your account for violation of these Terms.

7. Intellectual Property

All content in the App — including breathing patterns, exercises, educational text, graphics, audio, animations, software, and design — is the property of Breath Hero or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes. You may not copy, modify, distribute, sell, or create derivative works from any App content without prior written consent.

8. Account Deletion

You may delete your account at any time from within the App (Settings > Delete Account). Upon requesting deletion:

1. Your account is immediately signed out and marked for deletion.
2. You have a 30-day recovery window during which you can cancel the deletion by signing back in and selecting "Recover Account."
3. After 30 days, your account and all associated data (profile, sessions, daily logs, CO2 tests) are permanently and irreversibly deleted.

For full details on what data is deleted and retained, see our Privacy Policy.

9. Termination

We may suspend or terminate your access to the App at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to, violation of these Terms, violation of safety protocols, fraudulent activity, or conduct that we determine is harmful to other users or to Breath Hero.

Upon termination, your right to use the App ceases immediately. Sections 4 (Health and Safety), 7 (Intellectual Property), 10 (Disclaimers), and 13 (Governing Law) survive termination.

10. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

We do not warrant that the App will be uninterrupted, error-free, secure, or free of harmful components. We do not warrant that any health or wellness outcomes will result from your use of the App.

11. Indemnification

You agree to indemnify, defend, and hold harmless Breath Hero, its operators, affiliates, and licensors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the App, your violation of these Terms, or your violation of any rights of a third party.

12. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Effective Date" at the top and notify you through the App or by other reasonable means. Your continued use of the App after changes take effect constitutes acceptance of the revised Terms.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the United States of America and the State of Wisconsin, without regard to conflict-of-law principles.

Any dispute arising from these Terms or your use of the App shall be resolved through binding arbitration administered under the rules of the American Arbitration Association, conducted on an individual basis. You waive any right to participate in a class action or class-wide arbitration.

For claims under $10,000, arbitration will be conducted online or by phone at your election. Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Breath Hero regarding your use of the App and supersede any prior agreements.