1. 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 LTD (“We”). We are A limited company registered in England and Wales under company number 13192861 and registered address is 71-91 Aldwych, London, England, WC2B 4HN. Our main trading address is 71-91 Aldwych, London, England, WC2B 4HN.
To contact us, please email email@example.com
2. By using our site and/or associated mobile applications you accept these terms
- 2.1. The Terms apply to all users of our site (regardless of where you visit it from) or any associated mobile applications (collectively, the “Apps” and individually, an “App”) owned and offered for download by Breath Hub Ltd, including users who are also contributors of Content, on the website or “Apps”. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
- 2.3. If you do not agree to these terms, you must not use our site and/or our “Apps”.
- 2.4. You may not use our site or “Apps” and may not accept the Terms if (a) you are not of legal age to form a binding contract, or (b) you are a person who is either barred or otherwise legally prohibited from accessing or using our website and/or “Apps” under the laws of the country in which you are resident or from which you access or use the website and/or the “Apps”.
- 2.5. We recommend that you save a copy of these terms to your computer and/or mobile for future reference.
- 2.6. We amend these terms from time to time. Therefore, you must look at the “Terms” regularly to check for such changes. Every time you wish to use our site and/or “Apps”, please check these terms to ensure you understand the terms that apply at that time. If you do not agree to the Modified Terms you must stop using our site and/or “Apps”. Your continued use of our site or “Apps”after the date the Modified Terms are published on our site and on our “Apps” will constitute your acceptance of the Modified Terms.
- 2.7. These terms were most recently updated on 25 June 2020.
3. There are other terms that may apply to you
- Our acceptable use policy, which sets out the permitted uses and prohibited uses of our site and/or “Apps”. When using our site and/or our “Apps”, you must comply with this acceptable use policy
4. We may make changes to our site and/or “Apps”
We may update and change our site and/or “Apps” from time to time to reflect changes to our products, our users’ needs and our business priorities or any other reason. We will try to give you reasonable notice of any major changes.
5. We may suspend or withdraw our site and/or “Apps”
- 5.1. Our site is made available free of charge.
- 5.2. We do not guarantee that our site and/or “Apps”, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site and/or “Apps” for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal but failure to notify you will not mean we are liable to you in any way.
6. You must keep your account details safe
- 6.1. In order to access some features of our site or “Apps”, you will have to create your account. You must provide accurate and complete information when creating your account.
- 6.2. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and keep it secure. You must not disclose it to any third party.
- 6.3. You must notify us immediately of any breach of security or unauthorised use of your account that you suspect or become aware of.
- 6.4. You agree that you will be solely responsible (to us, and to others) for all activity that occurs under your account.
- 6.6. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org
7. How we use your personal information
8. How you may use material on our site and “Apps”
- 8.1. With the exception of Content submitted by you, we are the owner or the licensee of all intellectual property rights in our site and/or “Apps”, and in the material published on it. Those works are protected by copyright laws, trade mark rights and other intellectual property rights and treaties around the world. All such rights are reserved.
- 8.2. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners.
- 8.3. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without our prior written consent or, where applicable, our licensors. We and our licensors reserve all rights not expressly granted in and to our Content.
9. Do not rely on information on our site and “Apps”
- 9.1. You understand and acknowledge that in using our site or “Apps”, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to any such Content.
- 9.2. The Content on our site or “Apps” is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our site and/ or “Apps”.
- 9.3. Although we make reasonable efforts to update the information on our site or “Apps”, we make no representations, warranties or guarantees, whether express or implied, that the Content on our site is accurate, complete or up to date.
- 9.4. All Content published in the App are solely for informative purposes and may include specifications or general descriptions for breath coaching and other personal development techniques that may not be suitable or applicable in all cases (e.g. due to personal situations) and thus we do not guarantee its accuracy and validity. The content providers are not doctors or any sort of physicians and therefore do not guarantee any result, treatment or healing whatsoever. Personalised sessions should be sought for customised solutions.
- 9.5. 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.
10. Uploading content to our site and “Apps”
- 10.1. As an account holder you may upload Content. Whenever you make use of a feature that allows you to upload content to our site and/or “Apps”, or to make contact with other users of our site and/or “Apps”, you must comply with the Content standards set out in our acceptable use policy.
- 10.2. You warrant that any such Content complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- 10.3. We have the right to remove any posting you make on our site and “Apps” if, in our opinion, your post does not comply with the content standards set out in our acceptable use policy.
- 10.4. You understand that whether or not Content is published, we do not guarantee any confidentiality with respect to Content. All Content you upload to our site or “Apps” will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us and other users of our site or “Apps” a limited license to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload .
- 10.5. You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. We do not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content published by you.
- 10.6. You represent and warrant that you have (and will continue to have during your use of our site or “Apps”) all necessary licenses, rights, consents, and permissions which are required to enable us to use your Content in the manner contemplated by our site or “Apps” and these Terms.
- 10.7. You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use, possess or publish in connection with our site and/or “Apps”.
- 10.8. You agree that Content you submit to our site and “Apps” will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant us a license as set out in these Terms.
- 10.9. We have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our site and “Apps” constitutes a violation of their intellectual property rights, or of their right to privacy.
- 10.10. On becoming aware of any potential violation of these Terms, we reserve the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User’s access or account for uploading Content which is in violation of these Terms at any time, without prior notice and at our sole discretion.
- 10.11. You are solely responsible for securing and backing up your content.
11. User-generated Content is not approved by us
- 11.1. This website and/or “Apps” may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms, and comments. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
- 11.2. If you wish to complain about information and materials uploaded by other users please contact us at email@example.com
- a. We may, upon request by AN INDIVIDUAL OR ORGANISATION, provide a “verified account” certification if the account meets certain eligibility criteria set by us from time to time. We review accounts on a case-by-case basis.
- b. Eligibility criteria are based on a variety of factors, such as: The account and the account holders compliance with these Terms and Conditions and any other relevant Breath Hub Policy;
- c. The account represents a real person, registered business or entity. The account holder must provide full name and required form of identification (example: government issued photo ID);
- d. The account must be the unique presence of the person or business it represents. Only one account per person or business may be verified, with exceptions for language-specific accounts.
- e. The account must be public and complete with a bio, profile photo and at least one post. The account can’t contain “add me” links to other social media services.
- 11.3. If you provide false or misleading information during the verification process, we reserve the right to remove your “verified account” certification and may take additional action to delete your account.
- 11.4. We may remove “verified account” certifications at our discretion at any time, and may take away your certification or disable your account if you:
- 11.4.1. Advertise, transfer or sell your “verified account” certification.
- 11.4.2. Use your profile picture, bio or name section to promote other services.
- 11.4.3. Attempt to verify your account through a third party.
- 11.5. Do not engage with individuals or businesses that offer to secure you a “verified account” certification in exchange for money. We do not sell “verified account” certifications, and any accounts associated with selling “verified account” certifications will have their certification removed.
12. We are not responsible for websites or “Apps” we link to
- 12.1. Where our site contains links to other sites or our “Apps” contain links to other sites and/or “Apps” and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
- 12.2. We have no control over and assume no responsibility for the contents or availability of those external sites or resources and we do not endorse any advertising, products or other materials on or available on such sites or resources.
- 12.3. You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
13. Our responsibility for loss or damage suffered by you
- 13.1. Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- 13.2. If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site and/or “Apps” or any content on them.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- a. loss of profits, sales, business, or revenue;
- b. business interruption;
- c. loss of anticipated savings;
- d. loss of business opportunity, goodwill or reputation; or
- e. any indirect or consequential loss or damage.
In particular, we will not be liable for:
- 13.3. If you are a consumer user:
Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
Please note that we only provide our site and/or “Apps” “as-is” for domestic and private use. You agree not to use our site and/or “Apps” for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not make any warranty or representation to you with respect to our site and “Apps”, in particular we do not represent or warrant to you that:
- a. your use of our site and “Apps” will meet your requirements,
- b. your use of our site and “Apps” will be uninterrupted, timely, secure or free from error,
- c. any information obtained by you as a result of your use of our site and “Apps” will be accurate or reliable, and
- d. that defects in the operation or functionality of any software provided to you as part of your access to or use of our site and “Apps” will be corrected.
- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will endeavour to repair the damage. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- Nothing in these Terms shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law.
14. How we may use your personal information
15. Rights you are giving us to use material you upload
- 15.1. When you upload or post content to our site or “Apps”, you grant us the following rights to use that content:
- to us, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with our site or “Apps” and otherwise in connection with our site, our “Apps” and our business, including without limitation for promoting and redistributing part or all of our site (and derivative works thereof) or “Apps” in any media formats and through any media channels;
- to each user of our site or “Apps”, a worldwide, non-exclusive, royalty-free licence to access your Content through our site or “Apps”, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of our site or “Apps” and under these Terms.
- 15.2. The above licenses granted by you in Content terminate when you remove or delete your Content from our site or “Apps”. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable but are otherwise without prejudice to your ownership rights.
16. We are not responsible for viruses and you must not introduce them
- 16.1. We do not guarantee that our site or “Apps” will be secure or free from bugs or viruses.
- 16.2. You are responsible for configuring your information technology, computer programmes and platform to access our site or “Apps”. You should use your own virus protection software.
- 16.3. You must not misuse our site or “Apps” by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site or “Apps”, the server on which our site or “Apps” is stored or any server, computer or database connected to our site or “Apps”. You must not attack our site or “Apps” via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site or “Apps” will cease immediately.
17. Rules about linking to our site or “Apps”
- 17.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- 17.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- 17.3. You must not establish a link to our site or “Apps” in any website that is not owned by you.
- 17.4. Our site or “Apps” must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
- 17.5. We reserve the right to withdraw linking permission without notice.
- 17.6. The website in which you are linking must comply in all respects with the content standards set out in our acceptable use policy
- 17.7. If you wish to link to or make any use of content on our site or “Apps” other than that set out above, please contact firstname.lastname@example.org
18. Which country’s laws apply to any disputes?