Terms of Service - BreathMAX

1. Acceptance of Terms

Welcome to BreathMAX: Breathing Exercises ("BreathMAX," "the App," "our App"), a mobile application developed and operated by ZenByte App Agency ("ZenByte," "we," "us," "our").

By downloading, installing, accessing, or using BreathMAX, you ("User," "you," "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and ZenByte App Agency.

If you do not agree with any part of these Terms, you must not download, install, or use the App. Your continued use of the App following the posting of any changes to these Terms constitutes your acceptance of those changes.

            Please read these Terms carefully before using the App. In particular, please review the Health Disclaimer (Section 8) and Limitation of Liability (Section 9), which contain important limitations on our responsibility.
        

2. Description of Service

BreathMAX is a mobile wellness application that provides guided breathing exercises designed to support relaxation, focus, energy, and general well-being. The App offers the following features:

Breathing Exercise Categories: Six curated categories of guided breathing exercises — Balance, Calm, Energize, Focus, Unwind, and Uplift — each designed for a specific wellness purpose.
Custom Exercise Builder: A tool that allows users to create personalized breathing exercises with custom inhale, hold, and exhale durations.
Breath Hold Challenge: A timed breath-holding challenge feature that tracks and records personal bests.
Background Music & Sound Effects: A selection of ambient sounds and music to accompany breathing exercises.
Statistics & Streak Tracking: Tools to monitor your exercise history, session duration, and maintain daily practice streaks.
Daily Reminder Notifications: Configurable push notifications to remind you of your breathing practice schedule.

2.1 Free Tier

The App provides free access to a limited set of features, including:

Full access to the Balance and Calm exercise categories.
A trial of the Energize category, available for up to 5 session opens.
Basic statistics and streak tracking.
Daily reminder notifications.

2.2 Premium Tier

Premium subscribers gain access to the full feature set, including:

All six breathing exercise categories (Balance, Calm, Energize, Focus, Unwind, Uplift).
Custom Exercise Builder with full customization.
Full background music and sound effects library.
Comprehensive statistics and analytics.

3. User Eligibility

To use BreathMAX, you must:

Be at least 13 years of age, or the minimum age required in your jurisdiction to consent to the use of digital services.
If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you must have permission from a parent or legal guardian to use the App. By using the App, you represent that you have obtained such consent.
Have a compatible mobile device with a supported operating system (iOS or Android).

If you are a parent or guardian and you become aware that your child has been using the App without your consent, please contact us at support@zenbyte.app.

4. User Accounts

BreathMAX does not require you to create a user account to access or use the App. All exercise data, preferences, and statistics are stored locally on your device.

As a result, if you uninstall the App or switch devices, your locally stored data (including streaks, statistics, and custom exercises) may be permanently lost. ZenByte is not responsible for any loss of locally stored data.

5. Subscription and Payment Terms

5.1 Subscription Plans

BreathMAX offers the following Premium subscription plans:

Plan	Price	Billing Cycle
Weekly	$4.99 USD	Every 7 days
Monthly	$9.99 USD	Every 30 days
Yearly	$23.49 USD	Every 365 days

Prices are listed in United States Dollars (USD) and may vary by region due to currency conversion, taxes, or platform-specific pricing adjustments. The actual price charged will be displayed in the App Store or Google Play Store at the time of purchase and may include applicable taxes.

5.2 Payment Processing

All subscriptions are processed through the Apple App Store (for iOS devices) or Google Play Store (for Android devices) via our payment infrastructure partner, RevenueCat. ZenByte does not directly collect or process your payment information. All payment transactions are subject to the terms and conditions of the respective app store.

5.3 Auto-Renewal

All subscription plans automatically renew at the end of each billing period unless you cancel the subscription at least 24 hours before the end of the current billing period. Upon auto-renewal, your payment method on file with the applicable app store will be charged the then-current subscription price.

Important: Your subscription will automatically renew and your payment method will be charged unless you cancel before the renewal date. You can manage and cancel your subscription at any time through your device's app store settings.

5.4 Cancellation

You may cancel your subscription at any time by following the instructions provided by your app store:

iOS: Go to Settings > [Your Name] > Subscriptions > BreathMAX > Cancel Subscription.
Android: Go to Google Play Store > Menu > Subscriptions > BreathMAX > Cancel Subscription.

Upon cancellation, you will retain access to Premium features until the end of your current billing period. After that period ends, your access will revert to the Free Tier.

Cancellation must be done through your app store account. Deleting the App does not automatically cancel your subscription, and you may continue to be charged.

5.5 Refund Policy

Refund requests are handled exclusively by the Apple App Store or Google Play Store in accordance with their respective refund policies. ZenByte does not have the ability to process refunds directly.

Apple App Store: Visit reportaproblem.apple.com to request a refund.
Google Play Store: Visit Google Play Refund Support for refund instructions.

5.6 Price Changes

ZenByte reserves the right to modify subscription prices at any time. Any price changes will take effect for subsequent billing periods and will not affect your current active subscription period. You will be notified of any price changes in advance through the App or via the app store, as required by applicable law.

6. Intellectual Property

All content, features, and functionality of the App — including but not limited to text, graphics, icons, images, audio clips, music, animations, user interface design, software code, and the overall look and feel of the App — are the exclusive property of ZenByte App Agency or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

The BreathMAX name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ZenByte App Agency. You may not use such marks without our prior written permission.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use, subject to these Terms. This license does not include the right to:

Modify, copy, distribute, or create derivative works based on the App.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App.
Remove, alter, or obscure any proprietary notices or labels on the App.
Use the App for any commercial purpose without our written consent.
Sublicense, rent, lease, or lend the App to any third party.

7. Acceptable Use

You agree to use BreathMAX only for lawful purposes and in accordance with these Terms. You agree not to:

Use the App in any way that violates any applicable federal, state, local, or international law or regulation.
Attempt to gain unauthorized access to any part of the App, its servers, or any systems or networks connected to the App.
Interfere with or disrupt the integrity or performance of the App or its related systems.
Use any automated system, including but not limited to bots, scrapers, or spiders, to access or interact with the App.
Attempt to circumvent any subscription, paywall, or content-restriction mechanisms in the App.
Use the App to transmit any malware, viruses, or other harmful code.
Reproduce, distribute, or publicly display any part of the App without our prior written consent.

Any violation of these acceptable use provisions may result in the termination of your access to the App.

8. Health Disclaimer

IMPORTANT HEALTH NOTICE: PLEASE READ THIS SECTION CAREFULLY.

BreathMAX is a wellness companion, not a medical tool. Listen to your body, never push through dizziness or discomfort, and consult a healthcare professional if you have a respiratory or cardiovascular condition. Lung-health scoring is a gamification of practice consistency, not a clinical measurement.

8.1 Not Medical Advice

BreathMAX is a wellness and relaxation application only. The App, including all breathing exercises, techniques, content, and features, is provided for general informational and wellness purposes only and does NOT constitute medical advice, diagnosis, or treatment of any kind.

The breathing exercises and techniques offered through the App are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician, qualified healthcare provider, or other qualified medical professional with any questions you may have regarding a medical condition or health concern.

8.2 Pre-Existing Conditions

If you have any respiratory condition, cardiovascular condition, or any other medical condition that may be affected by breathing exercises — including but not limited to asthma, chronic obstructive pulmonary disease (COPD), heart disease, hypertension, anxiety disorders, panic disorders, epilepsy, or if you are pregnant — you must consult your physician or healthcare provider before using the App.

8.3 Breath Hold Challenge

Breath Hold Challenge Warning: The Breath Hold Challenge feature involves voluntarily holding your breath for extended periods. This activity carries inherent risks, including but not limited to dizziness, lightheadedness, fainting, loss of consciousness, and in extreme cases, more serious health consequences.

By using the Breath Hold Challenge feature, you:

Acknowledge that you understand the risks associated with breath-holding exercises.
Assume full responsibility for your participation and any consequences that may result.
Agree that you will immediately stop the exercise if you experience dizziness, discomfort, pain, or any adverse symptoms.
Confirm that you will never perform breath-holding exercises in or near water, while driving, while operating machinery, or in any situation where a loss of consciousness could result in injury.
Confirm that you have consulted a medical professional if you have any health condition that may be aggravated by breath-holding.

8.4 No Guarantees

ZenByte makes no representations or warranties regarding the accuracy, reliability, completeness, or effectiveness of any breathing exercises or wellness content provided through the App. Individual results may vary, and we do not guarantee any specific health outcomes, improvements, or benefits from using the App.

8.5 Emergency Situations

The App is not designed for use in medical emergencies. If you are experiencing a medical emergency, call your local emergency services immediately. Do not rely on the App for any medical emergency or acute health situation.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZENBYTE APP AGENCY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

Loss of profits, data, use, goodwill, or other intangible losses.
Any personal injury or health-related harm arising from your use of or inability to use the App, including but not limited to injuries or harm resulting from breathing exercises or the Breath Hold Challenge.
Any unauthorized access to or use of your device or locally stored data.
Any interruption or cessation of the App's functionality.
Any bugs, viruses, or other harmful code that may be transmitted through the App.
Any errors or omissions in any content provided through the App.

IN NO EVENT SHALL ZENBYTE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE APP EXCEED THE AMOUNT YOU HAVE PAID TO ZENBYTE FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR FIFTY DOLLARS ($50 USD), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10. Disclaimer of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZENBYTE APP AGENCY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE APP.
WARRANTIES THAT THE APP WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS.

YOUR USE OF THE APP IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA RESULTING FROM YOUR USE OF THE APP.

11. Termination

ZenByte reserves the right to terminate or suspend your access to the App, without prior notice or liability, for any reason, including but not limited to:

A breach of these Terms.
Conduct that we determine, in our sole discretion, to be harmful to other users, the App, or ZenByte.
Any activity that may expose ZenByte to legal liability.

Upon termination, your right to use the App will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, health disclaimers, and limitations of liability.

Termination of your access to the App does not relieve you of any obligation to pay outstanding subscription fees. You remain responsible for canceling your subscription through the applicable app store to avoid further charges.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which ZenByte App Agency is established, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or your use of the App shall be resolved through good-faith negotiation between the parties. If a resolution cannot be reached, disputes shall be submitted to the competent courts of the jurisdiction in which ZenByte App Agency is established.

Nothing in these Terms shall limit any rights you may have under applicable consumer protection laws in your jurisdiction.

13. Changes to Terms

ZenByte reserves the right to modify or replace these Terms at any time, at our sole discretion. When we make material changes, we will:

Update the "Effective Date" at the top of this document.
Provide notice through the App or via other reasonable means.

Your continued use of the App after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must stop using the App and cancel any active subscription.

We encourage you to review these Terms periodically to stay informed about our terms and conditions.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

15. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

ZenByte App Agency

Email: support@zenbyte.app

Website: https://www.zenbyte.app

We will make every reasonable effort to respond to your inquiry in a timely manner.