Terms of Service for BreathePulse

Last Updated: 16.08.2025

1. Acceptance of Terms
By downloading, installing, accessing, or using BreathePulse ("the App"), you ("User" or "you") agree to be legally bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not download, install, or use the App.
2. About BreathePulse
BreathePulse is a macOS menu bar application designed to provide guided breathing exercises for relaxation, stress reduction, and general wellness purposes. The App operates entirely offline on your device and does not collect or transmit personal data.
3. License Grant and RestrictionsLicense Grant
Subject to these Terms and your compliance with them, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use BreathePulse solely for your personal, non-commercial use on Apple devices that you own or control.
License Restrictions
You agree that you will NOT:
  • Copy, modify, adapt, translate, or create derivative works of the App
  • Reverse engineer, decompile, disassemble, or attempt to derive source code from the App
  • Distribute, license, sublicense, sell, resell, transfer, publicly display, or otherwise exploit the App
  • Use the App for any unlawful, harmful, or prohibited purpose
  • Remove, alter, or obscure any proprietary notices on the App
  • Use the App in violation of any applicable laws or regulations
4. Apple App Store TermsThird-Party Beneficiary
Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce these Terms against you as a third-party beneficiary.
Apple's Responsibilities and Limitations
  • Apple is not responsible for the App, its content, maintenance, or support services
  • Apple has no obligation to furnish any maintenance or support services for the App
  • Apple is not responsible for addressing any claims relating to the App or your use thereof
  • Apple is not liable for any third-party claims that the App infringes intellectual property rights
Compliance Requirements
  • You must use the App in compliance with Apple's App Store Terms of Service
  • The App is licensed for use only on Apple-branded products running iOS or macOS
  • Usage rights may be subject to Apple's Volume Purchasing Program or Family Sharing terms
Product Claims and Liability
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the App.
5. Health and Safety DisclaimerIntended Use
BreathePulse is designed for relaxation, stress management, and general wellness purposes only. It is NOT a medical device or medical application.
Important Medical Disclaimer
WARNING: This App is NOT intended to diagnose, treat, cure, or prevent any disease, medical condition, or health problem. The breathing exercises provided are for general wellness and relaxation purposes only.
User Responsibilities
  • Consult Healthcare Providers: Always consult with qualified healthcare professionals before beginning any new wellness or breathing exercise routine
  • Medical Conditions: If you have any respiratory conditions, heart conditions, anxiety disorders, or other health concerns, consult your doctor before use
  • Stop if Uncomfortable: Immediately discontinue use if you experience dizziness, shortness of breath, chest pain, or any discomfort
  • Safe Environment: Only use the App in safe environments where you can focus without risk
  • Never While: Do not use while driving, operating machinery, or in situations requiring full attention
Assumption of Risk
You acknowledge and agree that you use the App entirely at your own risk and that we are not responsible for any health-related consequences of your use.
6. Intellectual Property RightsOur Rights
BreathePulse and all related intellectual property rights, including but not limited to copyrights, trademarks, trade names, service marks, patents, trade secrets, and proprietary technology, are owned by us or our licensors.
Trademark Usage
You may not use our trademarks, service marks, trade names, or logos without our prior written consent.
Third-Party Intellectual Property Claims
We will be solely responsible for the investigation, defense, settlement, and discharge of any claim that the App infringes any third-party intellectual property rights.
7. User Conduct and Prohibited Uses
You agree to use the App only for lawful purposes and in accordance with these Terms. Prohibited uses include:
  • Using the App to violate any applicable local, state, national, or international law or regulation
  • Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the App
  • Taking any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure
  • Uploading invalid data, viruses, worms, or other software agents through the App
  • Collecting or harvesting any personally identifiable information from the App
  • Using the App for any commercial purpose without our express written consent
8. Privacy and Data Protection
Your privacy is important to us. Our collection and use of information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to our privacy practices as described in our Privacy Policy.
9. App Availability and UpdatesAvailability
We strive to make the App available at all times but cannot guarantee uninterrupted access. We may suspend or discontinue the App at any time.
Updates and Modifications
  • We may release updates, upgrades, or new versions of the App
  • You agree to accept such updates, which may be automatically downloaded and installed
  • Updates may modify features, functionality, or these Terms
  • Continued use after updates constitutes acceptance of changes
10. Disclaimers and Warranties"AS IS" BASIS
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
  • WARRANTIES OF MERCHANTABILITY
  • WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
  • WARRANTIES OF NON-INFRINGEMENT
  • WARRANTIES REGARDING SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE
NO GUARANTEE OF RESULTS
We make no representations or warranties that the App will provide any specific health benefits or results.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
DAMAGES EXCLUDED
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.
MAXIMUM LIABILITY
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP.
ESSENTIAL PURPOSE
These limitations apply even if our remedies fail of their essential purpose.
12. Indemnification
You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the App or violation of these Terms.
13. Export Control Compliance
You represent and warrant that:
  • You are not located in a country that is subject to a U.S. Government embargo or designated as a "terrorist supporting" country
  • You are not listed on any U.S. Government list of prohibited or restricted parties
  • You will not use the App in violation of any export restrictions, laws, or regulations
14. TerminationTermination by You
You may terminate these Terms at any time by deleting the App and ceasing all use.
Termination by Us
We may terminate or suspend your access immediately, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
Effect of Termination
Upon termination, all rights granted to you will cease immediately, and you must stop all use of the App.
15. Governing Law and Dispute ResolutionGoverning Law
These Terms are governed by and construed in accordance with the laws of Georgia, without regard to conflict of law principles.
Jurisdiction
Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Georgia, and you hereby consent to personal jurisdiction and venue therein.
Dispute Resolution
Before filing any lawsuit, you agree to try to resolve disputes through direct communication with us at the contact information below.
16. General ProvisionsEntire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
No Waiver
Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.
Assignment
You may not assign or transfer these Terms or your rights hereunder without our written consent. We may assign these Terms without restriction.
Force Majeure
We will not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control.
17. Contact Information
For questions, concerns, or notices regarding these Terms or the App, please contact us at:
Developer: Abdukhalik Magomedov
Email: pand0ra_Q@hotmail.com
Website: https://pand0raq.dev/breathepulse

By downloading, installing, or using BreathePulse, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Made on
Tilda