End User License Agreement

1. This agreement

This End User License Agreement (this "Agreement") is a legal agreement between you and Fil Technology ("we", "us", the "developer") for the BreathMate application, together with any updates and the related website at breathmate.app (the "App"). By downloading, installing or using the App, you agree to this Agreement. If you do not agree, do not use the App. This Agreement is concluded between you and the developer only, and not with Apple Inc. ("Apple"). The developer, not Apple, is solely responsible for the App and its content.

2. Licence

We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to download and use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, and solely for your own personal, non-commercial wellbeing use. Except as permitted by applicable law, you may not copy, modify, reverse-engineer, redistribute, sell or sublicense the App.

3. Subscriptions and purchases

The App is free to download and use for its core features. Optional BreathMate Premium is offered as an auto-renewable subscription (and, where available, as a one-time purchase). All purchases are processed and managed by Apple under the Apple Media Services Terms; the developer never receives your payment details. Auto-renewable subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period, and your Apple account is charged for renewal within 24 hours before the period ends. You can manage or cancel a subscription in your Apple account settings. Prices are shown in the App Store before purchase and may vary by region.

4. Wellbeing, not medical care

BreathMate provides general wellbeing and educational content only. It is not a medical device and does not provide medical advice, diagnosis or treatment, and it is not a substitute for professional care. Breathing exercises should feel comfortable; if any pattern makes you dizzy, breathless or unwell, stop and breathe normally, and consult a qualified clinician for any health concern. If you are in crisis, contact your local emergency services. See Safety.

5. Acceptable use

Use the App lawfully and for your personal wellbeing. You agree not to disrupt or interfere with the App or its security, access it by unauthorised means, or use it in any unlawful way or in a way that violates the rights of others.

6. Privacy

The App is private by design: your session history stays on your device. How we handle information is described in our Privacy statement, which forms part of this Agreement.

7. Maintenance and support

The developer is solely responsible for providing any maintenance and support for the App, as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services for the App. You can reach us through our Contact page.

8. Warranty

The developer is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. To the maximum extent permitted by applicable law, the App is provided "as is" and "as available" without warranties of any kind. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are the developer's responsibility.

9. Product claims

The developer, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation. This Agreement does not limit the developer's liability beyond what is permitted by applicable law.

10. Intellectual property

The App and all rights in it are owned by the developer or its licensors and are protected by law. In the event of any third-party claim that the App, or your possession and use of it, infringes that third party's intellectual property rights, the developer, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.

11. Legal and export compliance

You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable laws when using the App.

12. Limitation of liability

To the maximum extent permitted by applicable law, the developer will not be liable for any indirect, incidental, special or consequential damages arising out of or in connection with your use of the App. Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law, including your statutory consumer rights.

13. Third-party terms

You must comply with any applicable third-party terms when using the App (for example, the terms of your wireless data provider). Apple's Media Services Terms and the Usage Rules also apply to your use of the App.

14. Apple as third-party beneficiary

You and the developer acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of it.

15. Governing law

This Agreement is governed by the laws of the jurisdiction in which the developer is established, without regard to its conflict-of-laws rules, except where mandatory consumer-protection laws of your country of residence provide otherwise.

16. Changes

We may update this Agreement as the App evolves. Material changes will be reflected here with an updated date, and your continued use of the App after changes take effect constitutes acceptance.

17. Contact

This App is provided by Fil Technology. For questions, support or complaints about the App, please use our Contact page.