When registering and by activating your account with us, you confirm and declare as follows:
- that you agree to be bound by the terms of this agreement; and
- that you are at least 20 years old; or
- that you are the parent or legal guardian responsible for all minors registered on/under your account.
All of the information included in the Services and the Services themselves are neither medical nor healthcare advice, nor a substitute for professional diagnosis, medical advice and/or other professional advice and services.
The Information and Services are not intended to and do not replace any professional opinion/treatment regarding any medical, psychological, mental or other problem, from a qualified healthcare provider familiar with your unique facts. Always seek the advice of a physician or other qualified healthcare provider for any questions you may have regarding any medical condition and prior to using the Services. Nothing contained in the Services is intended to be used for medical diagnosis or for or as recommending any treatment. Use of the Services is done with the knowledge and understanding that neither 2breathe nor its agents, suppliers, distributors and/or users are engaged in rendering legal, medical or any other kind of counseling or other professional services or advice.
2breathe and its distributors and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Information and/or the Services.
While 2breathe and its distributors and agents strive to keep the Information and the Services accurate, complete and up-to-date as much as possible, 2breathe and its suppliers, agents and distributors provide no guarantees, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the Information.
- SYSTEM AND SOFTWARE REQUIREMENTS. Use of the Services requires a 2breathe Device and an installed and operating version of the 2breathe mobile phone application (“2breathe App”), Bluetooth low energy enabled Apple devices such as iPhone 4s, iPad 3 and above etc. running with iOS 8.4 and above and with internet access and – in case Services are rendered via the website – a connected web browser. Your ability to use the Services may be affected by the performance of these items. You acknowledge and agree that all such system requirements, which may be changed from time to time, are your responsibility. Further, you agree to only use 2breathe Devices that you own or otherwise have been given permission to use whenever using the Services.
- SOFTWARE. The software products made available through the Services are licensed, not sold, to you. Two types of 2breathe software are offered through the Services: (i) the 2breathe App; and (ii) firmware for the 2breathe Device (“Device Firmware”). 2breathe may cause the 2breathe App and updates to the 2breathe App to be downloaded onto your computer through the Services, and may also cause the most recent version of the Device Firmware not already installed onto your 2breathe Device to be downloaded onto the 2breathe Device anytime you are connected to the Services. You consent to such downloading of the 2breathe App and such automatic updating of your Device Firmware.
4.2 RESTRICTIONS. The Software contains copyrighted material and other proprietary intellectual property. You may not decompile, disassemble, reverse-engineer or otherwise display the Software in human-readable form. You may not modify, translate, rent, lease, distribute, lend or sell the Software, or the right to use it, to others. You may not remove any proprietary notices or labels on the Software, to the extent that you have access to such notices or labels. You agree that the terms of this paragraph apply to the Software and all portions of it, whether owned by 2breathe or 2breathe’s third party licensors.
- MODIFICATION. 2breathe reserves the right, at any time, to modify the Services Content or to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that 2breathe and its agents and distributors will not be liable to you or to any third party for any modification of the Services Content or modification, suspension, or discontinuance of the Services.
- FEEDBACK. 2breathe will treat any feedback or suggestions you provide to 2breathe as non-confidential and non-proprietary. THUS, IN THE ABSENCE OF A WRITTEN AGREEMENT WITH 2BREATHE TO THE CONTRARY, YOU HEREBY ASSIGN ALL RIGHTS IN ANY FEEDBACK OR SUGGESTIONS YOU PROVIDE TO 2BREATHE INCLUDING THE RIGHTS UNDER ARTICLES 27 AND 28 OF THE COPYRIGHT ACT OF JAPAN.
- ACCOUNTS. You may be required to establish an account in order to use certain aspects of the Services (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify 2breathe of any unauthorized use of your Account or any other breach of security. 2breathe is not responsible for any losses arising out of the unauthorized use of your Account. 2breathe reserves the right to terminate, disable or not provide all normal features for a particular Account if 2breathe suspects or becomes aware of any unauthorized or unpermitted use of such Account or any part of the Services.
- PAYMENT AND BILLING
8.1 All payments for the Services are done through this site, in advance. Available payment options, if any, are detailed on the site and are updated from time to time.
8.2 Each customer will be billed according to the payment arrangement undertaken and agreed to by the customer.
8.3 The 2breathe billing system will use the details of the credit card you provide, in order to make the payments mentioned in this Agreement. If for any reason whatsoever, your bank and/or credit card provider refuses payment through such credit card, 2breathe has the right to immediately terminate this Agreement – and to collect your debt at a later date.
8.4 2breathe shall not return any funds paid in advance by any customer for any period in which such customer did not use any or part of the Services.
8.5 2breathe uses data encryption methods in order to protect your personal and credit card details and ensure their confidentiality.
8.6 Some state/country statutes might apply regarding payments made under this Agreement. This Agreement does not derogate from any rights given under any such statutes, except as allowed by law.
- INTELLECTUAL PROPERTY. All materials included in the Services (as well as the organization and layout of the Services) are the property of 2breathe and are protected by various laws. No material may be copied, reproduced, republished, uploaded, posted, transmitted, marketed, translated or distributed in any way. However, customers may download or print copies of the materials for personal, non-commercial use only, provided that they maintain all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose (including the use of any such material on any other websites or networked computer environment) is a violation of 2breathe’s copyright and other proprietary rights, or the copyright and other proprietary rights of third parties with whom 2breathe has contracted for the right to such materials. Any unauthorized use of these materials may subject you to civil liability and criminal prosecution under applicable laws.
11.1 It is prohibited to copy, distribute or transfer any part of the Services, in part or in full, including, without limitation, the Services’ design and the trademarks appearing in it, without the prior written consent of 2breathe.
11.2 Some parts of the software, programs and methods used in the Services may also be protected by patents. Therefore copying from the Services and/or using, distributing and/or performing any other action with respect to any part or material of the Services, without the explicit prior written permission of 2breathe, might also constitute patent infringement – without derogating from the fact that it also constitutes copyright infringement, unjust enrichment and any other violation of any applicable law.
11.4 It is prohibited to employ or to facilitate the employment of any computer application or other means, including, without limitation, crawlers, robots and similar software, which scan, copy and/or retrieve, in part or in full, information and contents from the Services. Accordingly, it is prohibited to produce or use such means in order to create a compilation, collection or database that will contain contents from the Services. This prohibition does not apply to the operation of general search engines that link directly to the Services.
11.6 TRADEMARKS. “2breathe” and other related graphics, logos, service marks, and trade names used in the Services are the trademarks of 2breathe and may not be used without permission in connection with any third party products or services. Other trademarks, service marks, and trade names that may appear in the Services are the property of their respective owners.
- USER-GENERATED CONTENT. You hereby grant to 2breathe and its agents and distributors a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the Services (collectively, “User Generated Content”) in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. “User Generated Content” includes, but is not limited to, content posted in message boards, blogs, journals, and user comments. You hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude 2breathe’s or its agents’ or distributors’ use of the User Generated Content or require your permission for 2breathe or its agents or distributors to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against 2breathe, its agents, distributors or sub-licensees relating to 2breathe’s, its agents, distributors or sub-licensees’ use of the User Generated Content, and you hereby release 2breathe and its agents, distributors and sub-licensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party’s rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.
- THIRD PARTY MATERIALS AND WEB SITES. Certain content and services available via the Services may include materials from third parties. In addition, 2breathe may provide links to certain third party websites. 2breathe is not responsible for examining or evaluating the content or accuracy of any such third party material or websites. 2breathe and its agents and distributors do not warrant or endorse and do not assume and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products or services of third parties. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third party materials in a manner that would infringe or violate the rights of any other party, and that 2breathe is not in any way responsible for any such use by you.
- LIMITED WARRANTY. 2breathe provides a limited one year warranty on products purchased through the Services: We warrant that the products conform with all specifications provided with the products, used in marketing materials or otherwise published and that the products are free of design, manufacture, material and workmanship defects under normal use for twelve (12) months from the date of delivery to you.
- THIS WARRANTY SHALL NOT APPLY TO PRODUCTS THAT HAVE BEEN ALTERED, IMPROPERLY STORED, TRANSPORTED OR MAINTAINED, OR PUT TO A USE TO WHICH THEY WERE NOT INTENDED, OR USED OTHER THAN IN ACCORDANCE WITH 2BREATHE’S WRITTEN INSTRUCTIONS.
- EXCEPT AS PROVIDED ON OUR WARRANTY PAGE (WHICH IS HEREBY INCORPORATED INTO THESE TERMS), 2BREATHE DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, QUIET ENJOYMENT, AND ACCURACY, except in the case of willful misconduct or gross negligence on the part of 2breathe.
- SERVICE INTERRUPTIONS. 2BREATHE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES OR 2BREATHE DEVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT, FROM TIME TO TIME, 2BREATHE MAY REMOVE OR SUSPEND THE SERVICES FOR INDEFINITE PERIODS OF TIME FOR MAINTENANCE PURPOSES. FURTHER, YOU ACKNOWLEDGE THAT 2BREATHE’S CONTINUED PROVISION OF THE SERVICES RELIES UPON THE GENERAL OPERATION OF THE INTERNET AND WORLD WIDE WEB AND CERTAIN FACTORS NECESSARY FOR THE CONTINUOUS OPERATION OF THE INTERNET AND WORLD WIDE WEB ARE BEYOND 2BREATHE’S CONTROL.
- 2BREATHE DOES NOT GUARANTY ANY RESULTS ARISING FROM USING THE SERVICES AND/OR ITS CONTENTS AND/OR ANY MATERIALS FOUND IN IT – AND YOU THEREFORE ACKNOWLEDGE AND AGREE THAT YOU SHALL NOT HAVE ANY CLAIM, CAUSE AND/OR DEMAND AGAINST 2BREATHE, IF YOU DO NOT GET THE RESULT YOU WERE EXPECTING AND/OR AIMING FOR.
- NO WARRANTIES FOR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
- INFORMATION. 2BREATHE WILL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK. 2BREATHE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY, except in the case of willful misconduct or gross negligence on the part of 2breathe.
- THE USE OF THE SERVICES AND/OR ITS CONTENTS AND/OR ANY MATERIALS FOUND IN IT, IS SOLELY YOUR OWN RESPONSIBILITY. IF YOU FEEL SUCH USE ENTAILS UNEXPECTED AND/OR UNWANTED SIDE-EFFECTS, YOU MUST CONSULT WITH A PROFESSIONAL AND NOT RELY ON THE SERVICES OR ITS CONTENTS. THIS IS ALSO THE WAY YOU SHOULD ACT IF YOU FEEL SUCH USE DOES NOT PROVIDE A SOLUTION TO YOUR PROBLEMS.
If you have any questions about the foregoing, please contact us at the following e-mail address: [email protected].