Breathe With Me, LLC – Terms of Service

These Terms of Service govern your use of the website located at https://bwmeapp.com, the associated BreatheWithMe mobile application (“App”), and any physical devices, content, or services provided by Breathe With Me, LLC.

By accessing our website, using the App, or engaging with any of our services or products—including our subscription plans and breathing devices—you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with these Terms, you must refrain from using the website, App, or any associated services.

We, Breathe With Me, LLC, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on July 24, 2025.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

• modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
• remove any copyright or other proprietary notations from any materials and software on this website;
• transfer the materials to another person or “mirror” the materials on any other server;
• knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Breathe With Me, LLC provides;
• use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
• use this website or its associated services in violation of any applicable laws or regulations;
• use this website in conjunction with sending unauthorized advertising or spam;
• harvest, collect, or gather user data without the user’s consent; or
• use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Your use of the App and our services is also subject to our Acceptable Use Policy, which forms part of these Terms by reference. We reserve the right to suspend or terminate access for any activity that violates the Acceptable Use Policy, including abuse, fraud, or malicious conduct.

Eligibility and Account Registration

You must be at least 13 years old to use our services. If you are under 18, you may only use our services with the consent of a parent or legal guardian.

Some features require account registration. You agree to provide accurate, current, and complete information and to update it as necessary. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities under your account.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to Breathe With Me, LLC and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Breathe With Me, LLC at any time.

App License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App solely for personal, non-commercial use in accordance with these Terms.

This license does not permit:

• Copying, modifying, or reverse-engineering the App
• Distributing or sub licensing the App
• Circumventing security or access controls

We reserve the right to revoke this license at any time for misuse or violation of these Terms.

Subscription Plans and Billing

We offer the following subscription plans:

• Free Access: Limited features to explore basic breathing practices.
• Premium Access ($5/month): Full access to app features, with the ability to earn free access after referring and retaining 5 users per month.
• Ambassador Access ($10/month): Full access to app features, and includes affiliate earning rights (20% commission on referred Premium and Ambassador users).

Subscription fees are billed monthly and renew automatically unless cancelled prior to the next billing cycle.

Referral Benefits: When 5 active users sign up using your referral QR code, your Premium subscription may be paid for with the referral “coins” generated. The Company reserves the right to verify and suspend referral accounts suspected of being fraudulent or self-created. Referred accounts that utilize the free version will not earn “coins”.

All subscription terms, rewards, and commission structures are subject to change at our discretion.

Ambassador Program Terms

As a BWME Ambassador, you may earn recurring income by referring subscribers to our platform. You will receive 20% of the subscription fee for each active Premium or Ambassador user referred through your Ambassador account.

Important Terms:

• Ambassador commissions are not guaranteed and may be revised or discontinued at any time.
• We do not permit self-referrals, simulated accounts, or referral chains designed to manipulate earnings.
• Violations of these terms may result in immediate account suspension or termination or forfeit of “coins” earned.
• Earnings are subject to applicable taxes and reporting obligations based on your location.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences and our Privacy Policy.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Breathe With Me, LLC and its affiliates, officers, directors, employees, agents, and distributors from and against any claims, damages, liabilities, losses, or expenses (including legal fees) arising out of:

• Your use of the App or Device in a manner inconsistent with these Terms;
• Your violation of any applicable laws or third-party rights;
• Any unauthorized or unsafe use of the breathing device, including while impaired or distracted.

Liability

Our website and the materials on our website are provided on an ‘as is’ basis. To the extent permitted by law, Breathe With Me, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Breathe With Me, LLC or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Breathe With Me, LLC or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Device Use and Health Disclaimer

The Breathe With Me Device is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. It is designed exclusively for general wellness and mindfulness purposes and does not provide medical advice, therapeutic interventions, or clinical outcomes.

By using the device, you acknowledge and accept the following:

• Use of the device is entirely voluntary and at your own risk.
• The device supports rhythmic breathing and relaxation but should not be used as a substitute for medical treatment.
• Physiological effects such as increased circulation, dizziness, or temporary light-headedness may occur during or after use.
• Do not use the device while driving, operating machinery, under the influence of substances, or in any environment where your focus or physical control is required.
• Individuals with respiratory, cardiovascular, neurological, or psychological conditions should consult a licensed healthcare professional before using the device or participating in any breath work practice.

If you experience discomfort, pain, or adverse effects, discontinue use immediately and seek professional medical advice.

Third-Party App Store Disclaimer

You acknowledge that this agreement is between you and Breathe With Me, LLC, and not with Apple Inc., Google LLC, or any other app store provider.

Neither Apple, Google, nor any other platform provider is responsible for the App or its content. These parties are not liable for any maintenance, support, warranty, legal claims, or intellectual property disputes related to the App.

You agree to comply with all applicable third-party terms of use when using the App, including those of the Apple App Store and Google Play Store.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. Breathe With Me, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Links

Breathe With Me, LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Breathe With Me, LLC of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of California, USA. You irrevocably submit to the exclusive jurisdiction of the courts in that State and the county of Sacramento, California.

Contact Us
If you have any questions about these Terms, please contact us at:

Breathe With Me, LLC
244 Silberhorn Dr., Folsom, CA 95630, USA
Email: support@bwmeapp.com