Breath Hero — Terms of Service

Effective Date: June 5, 2026 Version: 1.2

These Terms of Service (“Terms”) are a legal agreement between you and obliviouschimp LLC, a Wisconsin limited liability company (“obliviouschimp,” “we,” “us,” or “our”) and the maker of the Breath Hero mobile application (“App”), governing your use of the App. By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.

1. Who Can Use Breath Hero

You must be at least 18 years old to use the App. Breath Hero is for adults — it is not intended for or directed to children, and its breath-holds and fast-breathing techniques are not suitable for minors. By using the App, you confirm that you are 18 or older.

2. What Breath Hero Is

Breath Hero is a breathwork app that provides guided breathing exercises, a CO₂ tolerance test, progress tracking, and educational content. It is distributed through the Apple App Store and, where available, the Google Play Store.

3. No Account Needed

Breath Hero has no accounts — there is no sign-in, email, or password. The App works on your device as soon as you install it. Your practice data is stored on your device, and a summary of your progress may sync across your own devices through your personal iCloud account (on Apple devices). See our Privacy Policy for what is stored and where.

4. Health and Safety

This is the most important section. Please read it.

4.1 Not Medical Advice

Breath Hero provides breathwork coaching and education only. It is not a medical device, does not diagnose, treat, cure, or prevent any condition, and is not a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider before starting any breathwork practice — especially if you are pregnant or have a cardiovascular, respiratory, or neurological condition, high or low blood pressure, or a history of seizures, panic attacks, or fainting.

4.2 Safety Rules

You agree to follow these rules whenever you use the App:

• Never practice in or near water, while driving, or while operating machinery — or in any situation where becoming lightheaded could be dangerous.
• Practice only while seated, supported, or lying down.
• Never force or strain your breath. Stop immediately if you feel dizzy, lightheaded, faint, or unwell.
• Treat breath-holds and fast-breathing techniques (including the CO₂ tolerance test) as gentle, guided practices — not endurance challenges. Do not exceed your comfort.

4.3 Assumption of Risk

Breathwork involves deliberate changes to your breathing that can cause physical and psychological effects, including lightheadedness, tingling, altered consciousness, and emotional release. You understand these inherent risks and choose to participate voluntarily and at your own risk. You are solely responsible for your health and wellbeing during practice.

5. Purchases and Payments

5.1 Free and Pro

Breath Hero offers free content and a one-time purchase (“Breath Hero Pro”). Free users get a limited selection of breathing patterns and features. Pro unlocks the full library of patterns, coaches, advanced progress tracking, and additional content. There are no subscriptions and no recurring charges.

5.2 Billing

Breath Hero Pro is a one-time purchase processed by the Apple App Store or Google Play Store (“Store”). By buying it, you authorize the Store to charge the price shown at the time of purchase. Prices are set in your local currency and may vary by region.

5.3 Restoring Your Purchase

Your Pro unlock is tied to the Apple ID or Google account you bought it with. To use it on another device, sign in to that Store with the same account and tap the restore option in the App.

5.4 Refunds

All purchases are processed and managed by Apple or Google, and refunds are governed by their policies. We cannot issue refunds directly. Request a refund through:

• Apple: reportaproblem.apple.com
• Google: Google Play Help

6. Your Responsibilities

You agree not to:

• Use the App in any way that breaks these Terms or any applicable law.
• Reverse-engineer, decompile, or try to extract the App’s source code, except where the law expressly permits it.
• Circumvent security features, access controls, or purchase gates.
• Use the App to harm, harass, or infringe the rights of others.
• Use bots, scrapers, or other automated systems to access the App.

We may revoke your license to use the App if you break these Terms.

7. Intellectual Property

Everything in the App — breathing patterns, exercises, educational text, graphics, audio, animations, software, and design — belongs to obliviouschimp or its licensors and is protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App for your own non-commercial use. You may not copy, modify, distribute, sell, or create derivative works from any App content without our prior written consent.

8. Apple and Google

You download the App through the Apple App Store or Google Play Store (the “Platform”). You agree that:

• These Terms are between you and obliviouschimp only — not the Platform. The Platform is not responsible for the App or its content.
• The Platform has no obligation to provide maintenance or support for the App. Any support is provided by us, and we are not obligated to provide it.
• If the App fails to meet any applicable warranty, you may notify the Platform, and (on iOS) Apple may refund the purchase price; to the maximum extent allowed by law, the Platform has no other warranty obligation for the App.
• The Platform, and its subsidiaries, are third-party beneficiaries of these Terms and may enforce them against you.
• You represent that you are not located in a country subject to a U.S. Government embargo, and that you are not on any U.S. Government restricted-parties list. You will comply with all applicable third-party terms (such as your wireless carrier’s and the Store’s) when using the App.

9. Deleting Your Data

Breath Hero has no account to delete. Your data lives on your device and, on Apple devices, in your personal iCloud. To remove it:

1. Open Settings → Delete all data in the App. This permanently erases your on-device data (profile, sessions, daily logs, and CO₂ tests) and the progress summary synced to your iCloud.
2. Or delete the App from your device, which removes the on-device data.

Deletion is permanent and cannot be undone. See our Privacy Policy for details.

10. Disclaimers

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

We do not warrant that the App will be uninterrupted, error-free, or secure, or that it will produce any particular health or wellness outcome.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, obliviouschimp and its operators, affiliates, instructors, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any personal injury, illness, property damage, or death, arising out of or related to your use of the App or any breathwork practice you perform in connection with it. This applies regardless of the legal theory and even if we were advised of the possibility of such damages.

Where the law does not allow some of these exclusions, our liability is limited to the smallest extent permitted. In no event will our total liability to you exceed the greater of (a) the amount you paid us in the 12 months before the event giving rise to the claim, or (b) fifty U.S. dollars ($50).

Nothing in these Terms limits liability that cannot be limited under applicable law.

12. Indemnification

You agree to indemnify and hold harmless obliviouschimp and its operators, affiliates, and licensors from any claims, damages, losses, liabilities, and reasonable legal fees arising from your use of the App, your breach of these Terms, or your violation of any law or any third party’s rights.

13. Termination

We may revoke your license to use the App, and stop providing updates or support, at any time and for any reason, including if you breach these Terms. Because the App runs on your device, you may keep a local copy, but your right to use it ends. Sections 4, 7, 8, 10, 11, 12, and 14 survive termination.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Wisconsin, USA, without regard to its conflict-of-law rules.

Any dispute arising from these Terms or your use of the App will be resolved by binding individual arbitration administered by the American Arbitration Association, rather than in court. You and obliviouschimp each waive the right to a jury trial and the right to participate in a class action or class-wide arbitration. For claims under $10,000, you may choose to have the arbitration conducted online or by phone. Either party may still seek injunctive relief in a court of competent jurisdiction. If any part of this section is found unenforceable, the rest remains in effect, except that the class-action waiver is not severable — if it is unenforceable, this arbitration section does not apply.

This section may not apply where prohibited by the law of your country of residence; in that case, disputes will be handled by the courts that have jurisdiction over you.

15. Changes to These Terms

We may update these Terms from time to time. For material changes, we’ll update the Effective Date above and let you know in the App or on this page. Continuing to use the App after changes take effect means you accept the updated Terms.

16. General

If any part of these Terms is found unenforceable, the rest stays in effect. Our not enforcing a provision is not a waiver of it. These Terms, with our Privacy Policy, are the entire agreement between you and obliviouschimp about the App and replace any prior agreements.

17. Contact

Questions about these Terms? Email [email protected].