Revitalize Your Well-Being through Mindful Breathing
Welcome to Betterbreathe (the “Service” or “Application”). The Application is owned and operated by Ornate Apps Private Limited. You may use the services, content, technologies and Application on the condition that you comply with the following terms and conditions (the “Site Terms”) governing your use of the Application.
PLEASE READ ALL OF THE TERMS RELATED TO Betterbreathe APP CAREFULLY BEFORE USING OR ACCESSING THE APP ON YOUR HANDHELD DEVICES. BY USING OR ACCESSING THE APPLICATION AND/OR ANY OF THE CONTENT AND SERVICES PROVIDED THEREIN, YOU ARE AGREEING TO THE Betterbreathe APP TERMS IN THEIR ENTIRETY.
Betterbreathe may, at any time and in its sole discretion, amend, modify, delete or add (collectively “Amendments”) to the Terms. Your use of the Application after any such Amendments have been made or posted constitutes your agreement with and acceptance of such Amendments. Each time you access the Application, you reaffirm your acceptance of the Site Terms and any Amendments thereto. You are responsible for regularly reviewing the Site Terms.
If you wish to use the Service, you must read this Agreement. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Application (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Betterbreathe reserves the right to refuse any and all current or future use of the Service (or any portion thereof) at any time. Content on the Application is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Betterbreathe. Betterbreathe reserves all rights not expressly granted in and to the Application and the Content.
All information, materials, images, graphics, video, audio, software, photographs, articles, functions, text and other content contained, displayed or reflected on the Application (collectively, “Application Content”) and all copyrights, trademarks, and other intellectual property rights in or relating to the Application Content, are the exclusive property of Betterbreathe, its licensors or content providers or other third parties. The Application and the Application Content, including the selection and arrangement of the Application Content, is owned by Betterbreathe and protected as a compilation under the copyright laws of India and other countries. Nothing herein or on the Application shall be construed as granting, by implication, estoppel, or otherwise, any license, right or permission to use any of the Application Content without Betterbreathe’s prior written permission. You agree that, without prior, written authorization from Betterbreathe, you may not and will not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Application Content, except as permitted herein the Copyright Act 1957 (the Act), supported by the Copyright Rules 1958 (the Rules) - the governing law for copyright protection in India.
Betterbreathe name and marks, and unless otherwise noted all other trademarks, service marks, trade names, and logos displayed on the Application, are the trademarks, service marks and/or trade names of Betterbreathe Nothing herein or on the Application shall be construed as granting, by implication, estoppel, or otherwise, any license, right or permission to use any trademark, trade name, logo or service mark displayed on the Application without the owner’s prior written permission. Unauthorized use of the Betterbreathe name and mark, or any other trademark, service mark or trade name displayed on the Application is strictly prohibited.
The Service may offer you the opportunity to post and/or submit information, materials, images, graphics, video, audio, software, photographs, articles, text, feedback and/or other content (“User Content”) on or to the Website/Mobile App. By posting or submitting any User Content (regardless of the form or medium of the post or submission), you are giving Betterbreathe, and its affiliates, agents and third party contractors the unrestricted, royalty-free, perpetual and irrevocable right to reproduce, adapt, display, publish, distribute or modify such User Content throughout the world in any and all media and formats, whether now or hereafter developed, for any purpose whatsoever, without payment, credit or acknowledgement of source.
With respect to any User Content submitted by you to any Betterbreathe forum, you hereby represent and warrant to Betterbreathe that you are legally capable to enter into contracts, that you are authorized to post or submit the User Content and that the User Content and your submission of the User Content does not violate or infringe the copyright, trademark, patent, publicity, privacy or other proprietary right of any third party. You further agree that you will not: (I) submit or publish falsehoods or misrepresentations that could damage Betterbreathe or any third party; (II) submit User Content that is unlawful, obscene, profane, defamatory, libelous, threatening, pornographic, hateful, abusive, harassing, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) submit or publish documents or information that is the confidential or proprietary documents or information of any third party; or (iv) post advertisements or solicitations of business. Betterbreathe reserves the right to remove,delete or refrain from publishing any User Content submitted by you without prior notice to you.
You agree that you will be solely responsible and liable for, and will indemnify Betterbreathe and its directors, employees and agents (“Released Parties”) from and against any losses, expenses, liabilities, claims, costs, and damages (“Claims”) arising from your submission of User Content, including, but not limited to, any Claims arising out of breach of the Site Terms or any Claims for infringement of copyright, trademark, patent or other proprietary rights.
The Service may include content supplied by third parties (“Third Party Content”). Any opinions, advice, statements, offers or other information or content contained in such Third Party Content are those of the respective author(s) and not of Betterbreathe. Betterbreathe does not undertake or assume any obligation to monitor Third Party Content, does not guarantee or endorse the accuracy, completeness or reliability of any Third Party Content, and assumes no responsibility or liability that may arise from any Third Party Content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
You agree to indemnify and hold harmless Betterbreathe and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Site Terms or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such an event, you shall provide us with such cooperation as is reasonably requested by us.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Application or your use of the Application must be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action is forever barred.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The Terms represent the entire agreement between Betterbreathe and you relating to the subject matter contained herein.
These Terms, and any dispute concerning or relating to your use of the Application, shall be governed by the laws of India and the State of Gujarat, without regard to conflict of laws principles. You consent to personal jurisdiction and venue in the state and federal courts located in Ahmedabad, Gujarat, India and you shall not commence or prosecute any action except in the foregoing courts.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
BY CONTINUING TO USE OUR APPLICATION, YOU AGREE TO ABIDE BY THESE TERMS. The caption to each Section of these Terms are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
If you have any questions about this Privacy Policy, please contact us at "betterbreatheapp@gmail.com"
