Jun 5, 2025
BREATHE INN END-USER LICENSE AGREEMENT (“EULA”)
Please scroll down and read all of this license agreement carefully before using the "Breathe Inn" application. By installing or using the "Breathe Inn" application, you agree to be bounded by the terms of this End-User License Agreement (this “EULA”). If you do not agree to the terms of this EULA, you are not entitled to use the "Breathe Inn" application and must uninstall the "Breathe Inn" application from any devices on which it is installed. By installing or using the "Breathe Inn" application you certify that you are at least 18 years of age and are fully able and competent to enter into the terms set forth in this EULA.
1. General
Apps made available through the App Store are licensed, not sold, to you. Your license to each app is subject to your prior acceptance of this EULA. The application provider is Appceler LLC referred to in this EULA as "Licensor". The App that is subject to this EULA is "Breathe Inn" Application referred to in this EULA as the “Licensed Application.” Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this EULA. This agreement is concluded between Licensor and you only, and not with Apple Inc. Licensor, not Apple Inc., is solely responsible for the Licensed Application and the content thereof.
Licensor acknowledge that Licensor have had the opportunity to review the Apple Media Services Terms and Conditions as of the Effective Date and this EULA may not provide for usage rules for the Licensed Application that are in conflict with the Apple Media Services Terms and Conditions.
2. Scope of License
Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a separate EULA in which case the terms of that EULA will govern. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
3. Consent to Use of Data
You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
Suggestions: If you elect to provide or make available to the Licensor any suggestions, comments, ideas, improvements, or other feedback or materials related to the Licensed Application or any Licensor App or otherwise (collectively, "Suggestions"), Licensor will be free to use, disclose, reproduce, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner. You will be entitled to no compensation or credit for, nor gain any right, title or interest in or to any App of the Licensor that incorporates or otherwise is based on your Suggestions, including without limitation any upgrades or changes to the Licensed Application.
4. Termination
This EULA is effective until terminated by you or Licensor. Your rights under this EULA will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this EULA. Upon termination of the EULA, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application. Upon termination of this EULA, all license rights granted to you shall immediately terminate. However, all other provisions of this EULA shall survive such termination.
5. External Services
The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
Third Party Terms of Agreement
You must comply with applicable third party terms of agreement when using the Licensed Application.
Third Party Beneficiary
You and the Licensor acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.
6. No obligation to support or maintain
Licensor may extend, enhance, or otherwise modify the Licensed Application at any time without notice, but Licensor shall not be obligated to provide you with any defect fixes, updates, upgrades, modifications, enhancements, supplements, new releases or versions of the Licensed Application, or to any part of the Licensed Application (collectively "Updates"). If Updates are made available by Licensor, you acknowledge that they may have APIs, features, services, user interface or functionalities that are different from those found in the Licensed Application licensed hereunder. You agree and acknowledge that the Licensed Application may look different in different device models and operating system versions. You hereby waive any claim or damages arising from use thereof or from any claims of incompatibility. You acknowledge that the Licensor is not obligated to provide any maintenance, technical or other support for the Licensed Application. If Updates are made available by Licensor, the terms of this EULA will govern such Updates, unless the Update is accompanied by a separate EULA in which case the terms of that EULA will govern.
You agree and acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
7. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF ANY FAILURE OF THE LICENSED APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE AND APPLE WILL REFUND THE PURCHASE PRICE YOU PAID FOR THE LICENSED APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE LICENSED APPLICATION, AND ANY OHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE LICENSED APPLICATION.
8. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Licensor, not Apple Inc., is responsible for addressing any claims of you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including, but not limited to:(i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit frameworks.
In the event of any third party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party’s intellectual property rights, Licensor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
9. Assumption of Risk.
The Licensed Application is intended for general wellness and educational purposes only and is not a substitute for professional medical advice, diagnosis, prognosis, treatment, therapy, counseling, or prescription from your physician or other health care professionals. You acknowledge and agree that you must not use the Licensed Application for the diagnosis, prognosis, or treatment of any health problem or in a medical emergency. Always consult with a physician or other qualified health care professional before beginning any new wellness or breathing practice, especially if you are pregnant, have a medical condition, or have any health concerns. If you are under the age of 18, you may only use this app with the consent and supervision of a parent or legal guardian. You acknowledge and agree that your use of the Licensed Application is solely at your own risk. By using the Licensed Application, you assume all responsibility and risk for your use of the Licensed Application and any activities you undertake in connection with it. In no event shall the Licensor be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Licensed Application. BY USING THE LICENSED APPLICATION YOU ASSUME ALL RESPONSIBILITY AND RISK.
10. Indemnity
To the extent permitted by applicable law, you agree to indemnify, defend, release and hold harmless Licensor, its partners, directors, officers, employees, consultants, independent contractors, agents and representatives (each an "Licensor Indemnified Party") from any and all claims, losses, liabilities, damages, expenses and costs (including without limitation attorneys’ fees and court costs) (collectively "Losses") incurred by an Licensor Indemnified Party relating to or arising from your use of the Licensed Application.
11. Export Control
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
12. Commercial Items
The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
13. Controlling Law
This Agreement and the relationship between you and Licensor shall be governed by the laws of the State of Texas, excluding its conflicts of law provisions. You and Licensor agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Collin, Texas, to resolve any dispute or claim arising from this Agreement. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
14. Dispute Resolution
You and the Licensor agree that any disputes arising out of or related to these Terms or your use of the app and its services will be resolved through final and binding arbitration. By agreeing to these Terms, you waive any right to pursue claims as part of a class action or class-wide arbitration
15. Complete Agreement; Governing Language.
This license constitutes the entire agreement between you and Licensor relating to the use of the Licensed Application hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
You may contact the Licensor by using the contact form in BreatheInn.app website to direct your questions, comments with respect to the Licensed Application.
Licensor is located at 18383 Preston Rd, #202, Dallas, TX 75252