Terms of Use

Last updated: September 4, 2025

These Terms of Use ("Terms") govern your access to and use of BreathSafe Chatbot (the "Service"), operated by Breathium ("Company," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. User Responsibility

• You are solely responsible for how you use the Service and act on the information provided.
• You must independently verify important information, including but not limited to health, safety, and emergency guidance.
• You agree not to rely exclusively on the Service for decisions that may affect your health, safety, or well-being, or that of others.
• You remain responsible for compliance with official advisories, emergency alerts, and professional guidance from qualified authorities.
• Company shall not be held liable for your actions, omissions, or decisions made based on outputs from the Service.

2. No Medical Advice

• The Service is intended solely for educational and informational reference purposes.
• The Service does not provide medical advice, diagnosis, or treatment.
• The information provided may be incomplete, outdated, or inaccurate, and must not be relied upon as a substitute for professional medical advice.
• Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
• If you believe you may be experiencing a medical emergency, call 911 or seek emergency medical services immediately.
• No doctor-patient relationship or other professional healthcare relationship is created between you and Company through your use of the Service.

3. No Submission of Protected Health Information

• The Service is not designed to receive, store, or process Protected Health Information ("PHI") as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
• You agree not to input, upload, or otherwise provide PHI, medical records, or other sensitive personal health data into the Service.
• Company expressly disclaims any responsibility or liability for PHI submitted in violation of these Terms.
• If you provide PHI despite this prohibition, you do so at your own risk, and such information will not be subject to HIPAA or treated as confidential medical information.

4. Disclaimers

The Service is provided "as is" and "as available." To the maximum extent permitted by law:

• Company disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
• The Service may produce incorrect, incomplete, or outdated information.
• All content is provided for reference only, and you bear sole responsibility for verifying its accuracy and applicability to your situation.
• Company does not warrant that the Service provides accurate, reliable, or complete medical, health, or safety information.

5. Limitation of Liability

To the fullest extent permitted by law, Company and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of the Service, whether based on warranty, contract, tort, or any other legal theory, even if Company has been advised of the possibility of such damages. In no event shall Company's aggregate liability exceed the greater of: (a) one hundred U.S. dollars ($100), or (b) the amount you paid to Company for the Service in the twelve (12) months preceding the claim.

6. External Data Sources

• The Service may rely on third-party data feeds and information sources, including but not limited to the U.S. Environmental Protection Agency (EPA), National Weather Service (NWS), National Aeronautics and Space Administration (NASA), and other government or public data providers.
• Company makes no guarantees about the accuracy, timeliness, completeness, or availability of such external data.
• You acknowledge that these data sources may contain errors, omissions, delays, or interruptions outside Company's control.
• Company is not responsible or liable for any reliance you place on such third-party data, or for any damages or losses arising from inaccuracies or unavailability of such data.

7. No Guarantee of Service Availability

• Company does not guarantee that the Service will be uninterrupted, secure, or error-free.
• The Service may be subject to delays, outages, maintenance, or limitations, including restrictions imposed by third-party platforms and APIs.
• Company is not liable for any loss, damage, or inconvenience resulting from the unavailability, suspension, or discontinuation of the Service.
• Company reserves the right to modify, suspend, or discontinue any part of the Service at any time without notice or liability.

8. Eligibility

• You must be at least 13 years of age, or the minimum age of digital consent in your jurisdiction, to use the Service.
• By using the Service, you represent that you meet these requirements.

9. License and Restrictions

• We grant you a limited, nonexclusive, nontransferable, revocable license to access and use the Service solely in accordance with these Terms.
• You agree not to:
  • Copy, modify, distribute, or create derivative works of the Service.
  • Reverse engineer, decompile, or attempt to extract source code.
  • Use the Service to violate any law, regulation, or third-party rights.
  • Submit unlawful, harmful, or infringing content.
  • Interfere with or disrupt the operation of the Service.

10. Intellectual Property

• All rights, title, and interest in the Service, including software, design, and content, are owned by Company or its licensors.
• Except for the limited license granted under Section 9, no rights are transferred to you.

11. Privacy

• Your use of the Service is subject to our Privacy Policy, which is incorporated by reference.

12. Indemnification

• You agree to indemnify, defend, and hold harmless Company, its affiliates, and their respective officers, directors, employees, and agents from and against all claims, liabilities, damages, losses, and expenses (including attorneys' fees) arising out of or related to your use of the Service or violation of these Terms.

13. Termination

• We may suspend or terminate your access to the Service at any time, with or without cause or notice.
• Upon termination, your right to use the Service ceases immediately.

14. Modifications

• We may modify these Terms at any time. The updated Terms will be effective upon posting.
• Continued use of the Service after changes constitutes acceptance of the revised Terms.

15. Governing Law

• These Terms shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to conflict-of-law rules.

16. Arbitration & Class Action Waiver

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

16.1 Informal Resolution Requirement

• Before initiating arbitration, you agree to first provide Company with a written notice of dispute ("Notice") at [Insert Address / Email for Legal Notices].
• The Notice must include:
  • your name, contact information, and account details (if applicable),
  • a description of the dispute, and
  • the relief sought.
• Company will have sixty (60) days from receipt of the Notice to attempt to resolve the dispute informally.
• If the dispute is not resolved within that period, either party may initiate arbitration.

16.2 Arbitration Terms

• Individual Claims Only: You and Company agree that all claims must be brought in an individual capacity, not as a plaintiff or class member in any purported class, collective, or representative proceeding.
• Waiver of Jury Trial: You and Company waive any right to a jury trial.
• Venue: The arbitration shall take place in [Insert City, State], unless otherwise mutually agreed.
• Language: The proceedings shall be conducted in English.
• Final & Binding: The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.3 Attorney's Fees

• Each party shall bear its own attorneys' fees and costs associated with the arbitration, except as may be provided under applicable law or awarded by the arbitrator.

17. Force Majeure

• Company shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, acts of God, fire, flood, war, terrorism, strikes, labor disputes, government actions, or interruptions of internet or telecommunications services.

18. Severability

• If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

19. Survival

• Sections relating to User Responsibility, No Medical Advice, No Submission of PHI, Disclaimers, Limitation of Liability, External Data Sources, Service Availability, Indemnification, Governing Law, Arbitration, Force Majeure, and Non-Reliance shall survive termination of these Terms and continue in effect.

20. Non-Reliance

• You acknowledge that you are not relying on any representation, warranty, or statement other than those expressly set forth in these Terms.

21. Entire Agreement

• These Terms constitute the entire agreement between you and Company regarding use of the Service and supersede all prior agreements.

Contact:

https://www.breathium.io/contact