These Terms of Service (the “Terms”) are a binding agreement between you and Breathmaxx (“Breathmaxx,” “we,” “us,” or “our”), the operator of https://www.breathmaxx.com, the Breathmaxx web application, and related services (together, the “Service”). By visiting, creating an account, starting a session, connecting Google, or purchasing Pro, you accept these Terms and our Privacy Policy, which is incorporated by reference.
These Terms include a release of claims, an assumption of risk, an indemnity, a limitation of liability, and a binding arbitration agreement with a class-action waiver. If you do not agree, you may not use the Service.
1. Who may use Breathmaxx
You must be at least 18 years old, or the age of legal majority in your place of residence if higher, and able to form a binding contract. The Service is for personal, non-commercial use. We may refuse, suspend, or terminate access at any time where permitted by law.
You represent that the information you provide is accurate, that you will keep it current, and that you will not impersonate anyone else or share your account.
2. The Service
Breathmaxx provides timed breathing patterns (including box breathing and 4–6 breathing), a breath-hold timer, educational material, and, for Pro subscribers, a hold log, history, and stats. We may change, interrupt, or discontinue features. We do not guarantee that any practice will improve health, performance, mood, sleep, or longevity.
Content is for general education and training structure only. It is not a medical device, not a diagnosis, not treatment, and not a substitute for a licensed clinician. No doctor-patient, therapist-client, or similar relationship is created by your use of the Service.
3. Health, safety, and prohibited settings
Voluntary breath control, hyperventilation-style patterns, extended exhalations, and breath holding change blood gases, blood pressure, heart rate, and consciousness. People lose consciousness during breathwork. If you are standing, walking, in water, driving, or anywhere a faint would be dangerous, that loss of consciousness can kill you or someone else.
You agree that you will only use the Service:
- while seated in a stable chair with back support, or while lying down on a bed, mat, or other safe surface where a faint cannot cause a fall, drowning, or collision;
- in a clear, well-ventilated indoor place, not in or near water;
- while you are sober, alert, and able to stop at any moment;
- without pushing through chest pain, confusion, severe dizziness, visual blackout, or an urge you cannot control.
You agree that you will never use the Service, and will never perform Breathmaxx patterns or holds:
- in, on, or near water, including pools, open water, bathtubs, showers, hot tubs, or while snorkeling, freediving, or bathing;
- while standing, walking, running, climbing, stretching over a drop, or otherwise off a stable seated or lying position;
- while driving, cycling, operating machinery, or doing any task that requires continuous attention;
- while holding a child, spotting another person, or in any setting where your collapse would endanger others;
- if a clinician has told you not to do breathwork or breath holds.
Some training communities describe “apnea walks” or in-water holds. Breathmaxx does not authorize those practices. Educational mentions of advanced methods are not permission to do them. If you ignore this section, you do so solely at your own risk and outside the Service.
4. Medical conditions — you must get clearance
Do not use the Service if you are pregnant, think you may be pregnant, or are postpartum without written clearance from your clinician. Get medical clearance before using the Service if you have, or have a history of, any of the following (this list is not complete):
- heart disease, arrhythmia, chest pain, or heart failure;
- high or low blood pressure, or blood-pressure medication;
- stroke, aneurysm, glaucoma, or raised intracranial pressure;
- epilepsy, seizure disorder, or unexplained fainting;
- asthma, COPD, or other serious respiratory disease that is not stable;
- panic disorder or a history of hyperventilation attacks;
- recent surgery, concussion, or hospitalization;
- Raynaud’s, severe migraine, kidney failure, or similar conditions.
If you feel unwell, stop, resume normal breathing, and seek emergency care if symptoms are severe or do not pass. We are not on the other end of the timer. We cannot see you, catch you, or call for help.
5. Assumption of risk; release; no liability for your practice
YOU UNDERSTAND AND EXPRESSLY ASSUME ALL RISKS OF USING THE SERVICE AND OF PERFORMING BREATHING EXERCISES AND BREATH HOLDS, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE. THOSE RISKS INCLUDE, WITHOUT LIMITATION, LIGHTHEADEDNESS, TINGLING, ANXIETY, HYPERVENTILATION, HYPOXIA, HYPOCAPNIA, LOSS OF CONSCIOUSNESS, FALLS, HEAD INJURY, DROWNING, MOTOR-VEHICLE OR MACHINERY ACCIDENTS, CARDIAC EVENTS, STROKE, PERMANENT DISABILITY, AND DEATH.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE BREATHMAXX AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR YOUR BREATHING PRACTICE, INCLUDING CLAIMS ARISING FROM ORDINARY NEGLIGENCE. THIS RELEASE DOES NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WHERE SUCH A LIMITATION IS PROHIBITED.
You are solely responsible for choosing a safe place, a safe posture, when to start, when to stop, and whether the practice is appropriate for your body. Results vary. We make no promise that you will hold longer, feel calmer, or avoid harm.
6. Accounts, devices, and Google
We may identify you with a device cookie, a Google account, a Stripe customer record, or a combination. You are responsible for activity on your account and device. If you connect Google, we store the email and profile information Google provides so your log and Pro plan can follow you. Do not connect an account you do not control.
7. Pro subscriptions, trials, and the hold log
Practice timers are free. Logging holds, viewing history and stats, and certain lessons require an active Pro subscription, including during a free trial. New Pro checkouts include a 7-day free trial. You add a payment method at checkout. If you cancel in the billing portal before the trial ends, you will not be charged. After the trial, the then-current price shown at checkout is billed on a recurring basis until you cancel. Returning customers who already used a trial may be billed immediately.
Payments are processed by Stripe. By starting a trial or purchasing, you authorize Stripe to store your payment method and to charge it when the trial ends (or immediately if you are not on a trial) and on each renewal until you cancel. You can update your card, change plans, view invoices, and cancel through the Stripe billing portal linked from Profile and Settings in the Service. Cancellation stops future charges at the end of the then-current period (or immediately at the end of a trial if you cancel before it ends) unless a refund is required by law or we choose to provide one. We do not promise refunds for partial periods.
If Pro lapses, we keep your historical holds in our database but you lose access to the log and we stop recording new holds until Pro is active again. We may delete accounts and data after prolonged inactivity or as described in the Privacy Policy.
By completing checkout you reaffirm these Terms, including the safety rules and assumption of risk.
8. License and intellectual property
We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your personal training. We and our licensors own the software, design, trademarks (including Breathmaxx), copy, and timers. You may not copy, scrape, reverse engineer, resell, or use the Service to train AI models except as allowed by law.
Hold times and notes you save are your content. You grant us a worldwide license to host, store, and display that content as needed to operate the Service, including admin review by authorized operators.
9. Acceptable use
You will not:
- use the Service if you are under 18;
- interfere with, probe, or overload the Service;
- attempt to access another user’s account or admin tools;
- use the Service while ignoring Section 3, or encourage others to hold their breath in water or while standing or driving;
- misrepresent medical or performance outcomes.
10. Third parties
Google, Stripe, Vercel, Neon, and similar processors are independent. Their terms govern their services. We are not liable for outages or acts of those providers except as required by law.
11. Disclaimer of warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE TIMERS ARE CONTINUOUSLY ACCURATE, THAT THE SERVICE WILL BE UNINTERRUPTED, OR THAT USE IS SAFE FOR YOU.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BREATHMAXX WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, PROFITS, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM OR (B) TWENTY-FIVE U.S. DOLLARS ($25).
Some places do not allow certain limitations. In those places, our liability is limited to the fullest extent allowed. Nothing in these Terms limits liability that cannot legally be limited. You agree that the fees (including $0 for free use) reflect this allocation of risk.
13. Indemnity
You will defend, indemnify, and hold harmless Breathmaxx and its people from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of: (a) your use of the Service; (b) your breathing practice, including injury or death to you or a third party; (c) your breach of these Terms; or (d) your violation of law or third- party rights. We may assume exclusive defense at your expense.
14. Termination
You may stop using the Service at any time and cancel Pro as described above. We may suspend or terminate access if you breach these Terms, if we stop offering the Service, or as required by law. Sections 3–5 and 8–18 survive termination.
15. Arbitration and class-action waiver
Except for (i) individual claims in small-claims court and (ii) applications for injunctive relief to protect intellectual property, any dispute arising out of these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The seat of arbitration is Wilmington, Delaware, unless you and we agree otherwise. You and Breathmaxx waive any right to a jury trial and to participate in a class, collective, or representative action. If this waiver is found unenforceable as to a particular claim, that claim may proceed in court and the rest remains in arbitration.
You may opt out of arbitration within 30 days of first accepting these Terms by writing to legal@breathmaxx.com with your name, email, and a clear statement that you opt out of arbitration. Opting out does not affect the rest of these Terms.
16. Governing law
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 15. If a mandatory consumer law in your place of residence gives you rights we cannot vary by contract, those rights still apply. Courts in Delaware have exclusive jurisdiction for disputes not subject to arbitration, except that you may bring a qualifying claim in small-claims court where you live.
17. Changes
We may update these Terms. The “Last updated” date will change. If a change is material, we will provide notice in the Service or by email when we have an address. Continued use after the effective date is acceptance. If you do not agree, stop using the Service and cancel Pro.
18. General
These Terms and the Privacy Policy are the entire agreement between you and us about the Service. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, financing, or sale. There are no third- party beneficiaries except as stated in the release and indemnity. Headings are for convenience only.
Notices to us: legal@breathmaxx.com. Notices to you: the email on your account or an in-product notice.