What’s in these terms?
This acceptable use policy sets out the content standards that apply when you upload content to our site, send content to us, make contact with other users on our site and mobile application (app), link to our site or app, or interact with our site or app in any other way.
Click on the links below to go straight to more information on each area:
Who we are and how to contact us
www.breathhub.app is a website and Breath Hub is a mobile applicable both operated by Breath Hub Corp (“We”). We are a corporation registered in Delaware under the file number 6950742 and our registered address is adresi 711 Third Avenue, 14th Floor, New York, New York 10017. Our main trading address is the same address, which is adresi 711 Third Avenue, 14th Floor, New York, New York 10017. To contact us, please email info@breathhub.app
By using our site you accept these terms
By using our site and/or our “Apps”, you confirm that you accept the terms of this policy and that you agree to comply with them.
If you do not agree to these terms, you must not use our site and/or our “Apps”.
We recommend that you print a copy of these terms for future reference.
Accessing this site or “Apps”
We do not guarantee that this site or “Apps”, or any content on it, will always be available or be uninterrupted. Access to this site or “Apps” is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of this site or “Apps” without notice. We will not be liable to you if for any reason this site or “Apps” is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to this site or “Apps”, including configuring your information technology, computer programmes and platform in order to do so.
You are also responsible for ensuring that all persons who access this site or “Apps” through your internet connection are aware of our terms, and that they comply with them.
Any user identification code, password or any other piece of information used as part of our security procedures is confidential and must be treated in accordance with our terms and conditions.
There are other terms that may apply to you
Our Terms of website use terms and conditions also apply to your use of our site.
Privacy and Cookies
We maintain a strict privacy policy in relation to the processing of personal data we collect about you, which may be found here. You consent to such processing and you warrant that all data provided by you is accurate.
This site also uses cookies. Information on them and how to disable them may be found in our cookie policy.
We may make changes to the terms of this policy
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 4 September 2024.
Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use terms and conditions
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
Interactive services and the content we provide;
We may from time to time provide interactive services on our site, including, without limitation:
- Chat rooms.
- Bulletin boards.
- Comments and feedback
- Share
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Our App and Services are mainly for users who are older than 18 years of age. However, the use of any of our interactive services related with our Kids section by a child is subject to the consent of the user who is the parent or the legal representative and/or civil guardian. We strongly advise parents who permit their children to use an interactive service that they communicate with their children about their safety and security as we are not under any legal obligation to monitor the user activity. Minors who are using any interactive service should be made aware of the potential risks and their parents shall be fully liable for the usage of Services.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Content standards
These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
Breath Hub Corp will determine, in its discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with the law applicable in England and Wales, the United States of America and in any country from which it is posted.
A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be in contempt of court.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Give the impression that the Contribution emanates from Breath Hub Corp, if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other sites.
Breach of this Policy
When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of our terms of website use terms and conditions upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site and “Apps”.
- Immediate, temporary or permanent removal of any Contribution uploaded by you to our site and “Apps”.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Which country’s laws apply to any disputes and jurisdiction?
If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by the law of Delaware. You and we both agree that the courts of Delaware.
If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Delaware law. We both agree to the exclusive jurisdiction of the courts of Delaware, and the waiver of the right to a class-action.