BreathBeats Terms of Service

Effective date: July 8, 2026 · These Terms are a binding agreement between you and SHORESIDE LLC d/b/a BreathBeats ("BreathBeats," "we," "us"), a Minnesota limited liability company · [email protected] · 221 1st Ave SW, Suite 610, Rochester, MN 55902.

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE: (1) A WELLNESS DISCLAIMER — BREATHBEATS IS NOT A MEDICAL DEVICE OR MEDICAL CARE; (2) AUTOMATIC RENEWAL TERMS FOR SUBSCRIPTIONS; AND (3) AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (§14) THAT AFFECT YOUR LEGAL RIGHTS, WITH A 30-DAY RIGHT TO OPT OUT.

By creating an account, subscribing, or using the BreathBeats app or breathbeats.app (together, the "Service"), you agree to these Terms and our Privacy Policy (and, for health-related data, our Consumer Health Data Privacy Policy). If you do not agree, do not use the Service.

1. What BreathBeats is — and is not

BreathBeats is a general wellness app: music and guided pacing designed around slow-breathing practice, with an optional camera mode that detects breathing motion on your device so the music can adapt to you.

MEDICAL DISCLAIMER. BREATHBEATS IS NOT A MEDICAL DEVICE. THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR THERAPY, AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR MENTAL-HEALTH CARE. THE SERVICE DOES NOT DIAGNOSE, TREAT, CURE, MITIGATE, OR PREVENT ANY DISEASE OR CONDITION. Content about breathing science is provided for general information only. Always consult a qualified professional about your health, and never disregard or delay professional advice because of anything in the Service. If you are in crisis or think you may harm yourself, do not use the Service for help — call or text 988 (U.S.), text HOME to 741741, call your local emergency number, or visit findahelpline.com.

2. Safety

Breathing exercises are gentle for most people, but: stop immediately if you feel dizzy, lightheaded, short of breath, or unwell. Faster or deeper breathing than you're used to can cause lightheadedness, tingling, or — rarely — fainting; if you feel any of these, return to normal breathing and sit or lie down. Skip breath-holding phases if you are pregnant or have a heart, blood-pressure, or respiratory condition, and never practice breath-holds or vigorous breathing exercises in or near water, while standing, or while driving. Breathe within your comfortable range and never force or strain; if you are pregnant or have a cardiovascular, respiratory, or other medical condition (including panic disorder or epilepsy), talk to your clinician before use; and never use the Service while driving, operating machinery, standing in a place you could fall, or in water. You are responsible for using the Service safely and for choosing an environment where relaxing is safe.

3. Eligibility and accounts

You must be at least 13 years old. If you are 13–17, you may use the Service only with a parent or guardian's permission, and they must accept these Terms on your behalf. If you are a parent or guardian permitting a person aged 13–17 to use the Service, you agree to these Terms — including the arbitration agreement in §14 — on your own behalf and on behalf of that user. You are responsible for your account credentials and for activity under your account; tell us promptly about any unauthorized use. You must provide accurate information and keep it current. Guest mode is available; features tied to an account (history, sync, subscriptions) require one.

4. Camera mode

Camera mode is optional and off by default. When you enable it, your device's camera is used solely to detect breathing-related motion in real time, on your device; images are not recorded, stored, or transmitted (see the Privacy Policy §1(d)). You can turn camera mode off at any time, and the Service remains usable without it. You agree to enable camera mode only for yourself, and not to point the camera at any other person without their permission.

5. Subscriptions, billing, and free tier

a. Plans. The free tier includes unlimited guided breathing, a selection of genres, and core features. Flow is a paid subscription (currently $9.99/month or $59.99/year, plus applicable taxes) unlocking camera-adaptive mode, the full genre library, and history/insights. Prices and included features may change prospectively (see 5(e)).

b. Billing through the app stores. Subscriptions purchased in the App are billed by Apple or Google, on the payment method in your store account — we never receive your card details. AUTO-RENEWAL: YOUR SUBSCRIPTION RENEWS AUTOMATICALLY at the end of each period (monthly or annual) at the then-current price, and your store account is charged within 24 hours before the new period begins, unless you cancel at least 24 hours before the current period ends.

c. Free trials. If your plan includes a free trial, you will be charged the subscription price automatically when the trial ends unless you cancel at least 24 hours before it ends. Trial eligibility may be limited to new subscribers. We (or the app store) will send you a reminder before a free trial longer than 31 days converts to a paid subscription.

d. How to cancel. Cancel anytime, effective at the end of the current period: iOS: Settings → [your name] → Subscriptions → BreathBeats → Cancel. Android: Play Store → Profile → Payments & subscriptions → Subscriptions → BreathBeats → Cancel. Deleting the App does not cancel a subscription. In-App links take you to these same store screens.

e. Price and feature changes; renewal reminders. If we change your subscription price, we (or the store) will notify you at least 7–30 days in advance as required by law, and the change applies only to renewals after notice — you can cancel before it takes effect. We (or the app store) will send a reminder before each annual renewal, and at least annually will remind you of your subscription terms, the charge amount and frequency, and how to cancel. We may modify, add, or retire features; if we materially reduce what a paid plan includes mid-period, you may contact us for a pro-rata refund of the affected period.

f. Refunds. Store purchases are refunded through the store's process (Apple: reportaproblem.apple.com; Google Play refund flow), which we don't control. Except where law requires otherwise, payments are non-refundable and there are no credits for partial periods.

6. License and intellectual property

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial wellbeing. All software, music, sound design, visuals, text, and trademarks in the Service belong to SHORESIDE LLC or its licensors and are protected by IP laws. You may not copy, extract, record, redistribute, publicly perform, sell, or create derivative works from the Service or its music, except as the Service expressly enables (for example, sharing your session share-card). Rights not granted are reserved.

7. Feedback

If you send ideas or feedback, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation — though we'll always appreciate you.

8. Acceptable use

You agree not to: reverse engineer, decompile, or extract source code or audio assets except where law permits; circumvent technical or subscription controls; scrape or harvest data; use the Service to develop a competing dataset or train machine-learning models; interfere with or disrupt the Service; misrepresent your identity; use the Service where prohibited by law; or use it in any way that violates these Terms. We may suspend or terminate accounts for violations (§15).

9. Third-party services

The Service depends on third parties (Apple, Google, payment and infrastructure providers) and may link to others (for example, crisis resources). We are not responsible for third-party services, and your use of them is governed by their terms.

10. Apple- and Google-specific terms

If you downloaded the App from Apple's App Store: these Terms are between you and SHORESIDE LLC, not Apple. The license in §6 is, for the App Store version, limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions (except that the App may be accessed by other accounts associated with you via Family Sharing or volume purchasing). We, not Apple, are solely responsible for the App and its content, for providing any maintenance and support (contact: [email protected] — Apple has no obligation to furnish any maintenance or support), and for the investigation, defense, settlement, and discharge of any claim that the App infringes a third party's intellectual property rights. In the event of any failure of the App to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price; to the maximum extent permitted by law Apple has no other warranty obligation. Apple is not responsible for addressing any claims by you or a third party relating to the App (including product liability, legal or regulatory compliance, and consumer-protection claims). You must comply with any applicable third-party terms of agreement when using the App. You represent that you are not located in an embargoed country and are not on any U.S. government restricted list; and Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you. If you downloaded the App from Google Play, Google Play's terms of service also apply, and where these Terms conflict with them as to Google's responsibilities, Google Play's terms control.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED — INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING. Without limiting §1: we do not warrant that the Service will be uninterrupted, error-free, or that breathing detection will be accurate in all conditions (lighting, movement, and devices vary), or that any particular result will be achieved. Some jurisdictions do not allow certain warranty exclusions, so parts of this section may not apply to you.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER SHORESIDE LLC NOR ITS MEMBERS, OFFICERS, EMPLOYEES, OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, DATA, OR GOODWILL; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR (ii) US $50. These limits apply regardless of legal theory and even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited by law (including, where applicable, for gross negligence, willful misconduct, death, or personal injury caused by our negligence), and nothing in these Terms limits your non-waivable consumer rights.

13. Indemnification

You will indemnify and hold harmless SHORESIDE LLC from claims, damages, and reasonable attorneys' fees arising from your violation of these Terms, your misuse of the Service, or your violation of law or third-party rights — except to the extent caused by our own breach or misconduct.

14. Disputes: informal resolution, arbitration, class waiver

Please read this section carefully. It requires individual arbitration of most disputes and waives class actions. You may opt out within 30 days (§14(f)).

a. Informal resolution first (required). Before filing any claim, you and we agree to try to resolve the dispute informally: send a written notice describing the dispute and the relief sought to [email protected] (we will send ours to your account email). The parties will negotiate in good faith for 60 days, including at least one phone or video conference if either party requests it. This is a condition precedent to arbitration or court. All applicable statutes of limitations are tolled while the informal resolution process is pending.

b. Arbitration agreement. Except as provided in (c), any dispute arising out of or relating to the Service or these Terms will be resolved by final, binding, individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The Federal Arbitration Act governs this section. The arbitrator (not a court) decides all issues except those reserved to courts by this section or the AAA rules; issues of arbitrability of mass-filing coordination under (e) may be decided by a process arbitrator per AAA rules. Arbitration will occur in your county of residence or remotely by videoconference. AAA consumer fee schedules apply; if your claim is for less than $10,000 and you prevail on any material issue, we will reimburse your filing fee. We will not seek attorneys' fees from you unless the arbitrator finds your claim frivolous.

c. Carve-outs. Either party may (1) bring an individual claim in small-claims court; (2) seek injunctive relief in court to protect intellectual property; and (3) where California's McGill rule applies, seek public injunctive relief in court to the extent it cannot be waived — the remainder of the dispute stays in arbitration.

d. Class action and jury waiver. All claims must be brought in the parties' individual capacity — not as a plaintiff or class member in any class, consolidated, or representative proceeding — and the arbitrator may not consolidate claims or preside over any class proceeding. You and we each waive the right to a jury trial. If the class waiver is found unenforceable as to a particular claim, that claim (and only that claim) proceeds in court.

e. Mass filings. If 25 or more similar demands are filed by or with the assistance of coordinated counsel, the AAA's Mass Arbitration Supplementary Rules and its consumer mass-arbitration fee schedules will apply as written. If the AAA is unable or unwilling to administer a dispute, the parties will select another consumer arbitration provider by agreement; if none is available, either party may proceed in court. If either party fails to timely pay fees required by the applicable rules, the other party may elect to proceed in court.

f. 30-day opt-out. You may reject this arbitration agreement (keeping the rest of these Terms) by emailing [email protected] with the subject line "Arbitration opt-out" — or writing to SHORESIDE LLC, 221 1st Ave SW, Suite 610, Rochester, MN 55902 — within 30 days of first accepting these Terms, with your name, account email, and a statement that you opt out of arbitration. Opting out will never affect your service.

g. Severability and survival. If any part of §14 (other than the class waiver as applied in (d)) is unenforceable, the remainder stays in effect. This section survives termination.

15. Termination

You can stop using the Service or delete your account at any time (Settings → Account → Delete Account). We may suspend or terminate your access if you materially breach these Terms, if required by law, or if we discontinue the Service — with reasonable notice and, for paid periods you lose because of our discontinuation, a pro-rata refund. Sections that by their nature survive (including 6, 7, 11–14, 16) survive termination.

16. Governing law

These Terms are governed by the laws of the State of Minnesota, without regard to conflicts rules, except that §14 is governed by the FAA. For disputes not subject to arbitration, the state and federal courts located in Olmsted County, Minnesota have exclusive jurisdiction, and you consent to venue there — except you may always sue in small-claims court where you live. Nothing in this section deprives you of mandatory consumer protections of the place where you live.

17. Changes to these Terms

We may update these Terms. For material changes we'll give at least 14 days' notice (in-App or email) before they take effect; changes to §14 do not apply to disputes that arose before the change. Continued use after the effective date means the updated Terms apply. If you don't agree, stop using the Service and (if applicable) cancel per §5(d).

18. Miscellaneous

California consumer notice (Cal. Civ. Code §1789.3): the Service is provided by SHORESIDE LLC, 221 1st Ave SW, Suite 610, Rochester, MN 55902. Complaints may be directed to [email protected] or to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, (800) 952-5210.

These Terms plus the policies they reference are the entire agreement; if any provision is unenforceable it will be limited to the minimum extent necessary and the rest remains in effect; our failure to enforce a provision isn't a waiver; you may not assign these Terms, and we may assign them in connection with a merger, acquisition, or sale of assets; notices to you may be given in-App or to your account email; "including" means "including without limitation." Export compliance: you may not use the Service in violation of U.S. export or sanctions laws.

Contact (all matters, including legal notices): [email protected] · SHORESIDE LLC, 221 1st Ave SW, Suite 610, Rochester, MN 55902.