Terms of Service

Effective date: February 24, 2026

These Terms of Service ("Terms") govern your use of the BreathClock platform, including the meditation timer application, admin dashboard, and marketing site (collectively, the "Service"), operated by BreathClock ("we", "us", "our").

By using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Service Description

BreathClock is a white-label meditation and breathwork timer platform. Tenants (yoga studios, wellness coaches, therapists, and other wellness providers) receive a branded progressive web application (PWA) at a BreathClock subdomain or custom domain. End users access the meditation timer through their browser with no account required.

2. End-User Terms

2.1 No Account Required

End users of the meditation app do not need to create an account. Session data is stored locally on the user's device and is never transmitted to our servers (except anonymous, aggregate usage counts — see our Privacy Policy).

2.2 Health Disclaimer

BreathClock is a meditation and breathwork timer tool. It is not medical advice and is not a substitute for professional medical treatment. Breathwork patterns involving breath holds may not be suitable for everyone. If you have a respiratory or cardiovascular condition, consult your physician before practicing breath-hold patterns. Use the app at your own risk.

2.3 Data Ownership

End users own their session data exclusively. Since data is stored on-device, we cannot access, recover, or restore it. Users are encouraged to export their data periodically using the CSV export feature in Settings.

3. Tenant Terms

3.1 Eligibility

To sign up as a tenant, you must be at least 18 years old and have the authority to bind the organization you represent to these Terms.

3.2 Account Responsibilities

You are responsible for maintaining the security of your admin account and for all activity under your account. Notify us immediately at support@breathclock.com if you suspect unauthorized access.

3.3 Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Upload content that infringes third-party intellectual property rights
• Attempt to gain unauthorized access to other tenants' data or systems
• Reverse-engineer, decompile, or disassemble the Service
• Use the Service to distribute malware or spam
• Misrepresent your identity or affiliation

4. Pricing and Billing

4.1 Plans

BreathClock offers a free tier (with "Powered by BreathClock" branding) and paid Pro plans. Current pricing is available at breathclock.com. We reserve the right to modify pricing with 30 days' notice to existing tenants.

4.2 Payment

Paid subscriptions are billed through Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis. Failed payments may result in service downgrade after a grace period.

4.3 Refunds

• 0–30 days: Full refund, no questions asked
• 31–90 days: Prorated refund minus a $29 administration fee
• After 90 days: No refunds; subscription continues to the end of the billing period

4.4 Cancellation

You may cancel your subscription at any time through the admin dashboard or by contacting support. Your service continues through the end of the current billing period. Account data is retained for 30 days after cancellation to allow reactivation.

5. Intellectual Property

5.1 Platform IP

BreathClock, including its name, logo, design, code, built-in audio assets, and breathwork patterns, is the intellectual property of BreathClock. You may not copy, modify, or redistribute any part of the platform except as explicitly permitted.

5.2 Tenant Content

You retain ownership of content you upload (logos, audio files, branding configurations). By uploading content, you grant us a limited license to host and serve that content as part of the Service.

5.3 Audio Uploads

You represent and warrant that you have the necessary rights to any audio files you upload, including commercial usage rights. You agree to indemnify BreathClock against any claims arising from your uploaded audio content.

6. DMCA and Copyright

We respect intellectual property rights. If you believe content on the platform infringes your copyright, submit a DMCA takedown notice to dmca@breathclock.com. We will acknowledge notices within 24 hours and disable infringing content within 48 hours.

7. Limitation of Liability

To the maximum extent permitted by law, BreathClock shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, revenue, or profits, arising from your use of the Service.

End-user session data is stored locally on their devices. We are not liable for data loss resulting from device failure, browser data clearing, or IndexedDB eviction policies.

Our total aggregate liability for any claim arising from or related to these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless BreathClock and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Content you upload (including audio files)
• Your violation of these Terms
• Your violation of any third-party rights

9. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted service. We may perform maintenance or updates that temporarily affect availability. We will provide reasonable notice for planned downtime when possible.

10. Termination

We may suspend or terminate your access to the Service if you violate these Terms. In cases of serious violation, we may terminate without notice. Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days to allow export, after which it will be permanently deleted.

11. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

12. Modifications

We may update these Terms from time to time. Material changes will be communicated to tenants via email at least 30 days in advance. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

13. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law provisions. Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

14. Affiliate Program

Participants in the BreathClock affiliate program must disclose that they earn a commission on referrals. Commission rates, payout schedules, and clawback terms are detailed in the separate Affiliate Program Agreement provided upon enrollment.

15. Contact

For questions about these Terms, contact us at support@breathclock.com.

For DMCA notices: dmca@breathclock.com.