Terms of Service for SimoBreath.com
Last Updated: August 5, 2025
Welcome to SimoBreath.com (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, mobile applications, and health and fitness tools, including breathing exercises and wellness content (collectively, the “Services”). By accessing or using SimoBreath.com, you agree to be bound by these Terms. If you do not agree, please do not use our Services.
Important Health Disclaimer: Our Services are designed to promote general wellness and are not a substitute for professional medical advice, diagnosis, or treatment. All individuals must consult a qualified medical professional before using our Services, particularly if you have pre-existing health conditions or concerns. SimoBreath.com is not responsible for any health outcomes resulting from the use of our Services.
1. Eligibility
You must be at least 19 years of age, as per British Columbia’s age of majority, to use our Services. By using SimoBreath.com, you represent that you meet this requirement and have the legal capacity to enter into these Terms.
2. Use of Services
- Permitted Use: You may use our Services for personal, non-commercial purposes in accordance with these Terms. You agree to follow all instructions and guidelines provided in our breathing exercises and wellness tools.
- Prohibited Conduct: You may not:
- Use the Services for any unlawful, harmful, or unauthorized purpose.
- Copy, reproduce, distribute, or create derivative works from our content (e.g., exercise guides, videos) without express written permission.
- Attempt to reverse-engineer, hack, or interfere with the security, functionality, or data of our Services.
- Use the Services in a way that could harm SimoBreath.com, its users, or third parties.
- Share your account credentials or allow unauthorized access to your account.
3. Accounts
To access certain features, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately at simo@simobreath.com if you suspect unauthorized use. We reserve the right to suspend or terminate accounts for violation of these Terms.
4. Intellectual Property
All content on SimoBreath.com, including text, images, videos, exercise guides, logos, and designs, is owned by or licensed to us and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the content for personal use only. Unauthorized use, reproduction, or distribution of our content is strictly prohibited.
5. User-Generated Content
If you submit feedback, reviews, or other content to SimoBreath.com (e.g., comments or exercise progress), you grant us a non-exclusive, royalty-free, worldwide license to use, modify, and display such content in connection with our Services. You represent that your content does not infringe on third-party rights or violate applicable laws.
6. Payments and Subscriptions
Certain Services may require payment or subscriptions. All fees are non-refundable unless otherwise stated. You agree to provide accurate payment information and authorize us to charge the applicable fees. We may modify pricing with notice, and your continued use constitutes acceptance of updated pricing.
7. Limitation of Liability
To the fullest extent permitted by law, SimoBreath.com, its affiliates, and their respective officers, directors, employees, and service providers shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of the Services, including but not limited to injuries, health issues, or reliance on our content. Our Services are provided “as is” without warranties of any kind, express or implied, including as to accuracy, fitness for a particular purpose, or non-infringement.
8. Indemnification
You agree to indemnify and hold harmless SimoBreath.com, its affiliates, and their respective officers, directors, and employees from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Services, violation of these Terms, or infringement of third-party rights.
9. Termination
We may suspend or terminate your access to the Services at our sole discretion, with or without notice, for reasons including violation of these Terms, misuse of the Services, or legal requirements. You may discontinue using the Services at any time by closing your account or ceasing access. Upon termination, your right to use the Services ends, but these Terms’ provisions on intellectual property, liability, and indemnification survive.
10. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Province of British Columbia, Canada, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Services will be resolved through binding arbitration in Victoria, BC, in accordance with the rules of the British Columbia International Commercial Arbitration Centre, except where prohibited by law. You agree to submit to the exclusive jurisdiction of the courts of British Columbia for any matters not subject to arbitration.
11. Changes to These Terms
We may update these Terms from time to time to reflect changes in our practices or legal requirements. We will notify you of material changes by posting the updated Terms on our website with a revised “Last Updated” date. Your continued use of the Services after such changes constitutes acceptance of the updated Terms.
12. Contact Us
For questions about these Terms, please contact us at:
Email: simo@simobreath.com
Address: SimoBreath, 240 Cook St., Unit 108, Victoria, BC V8V 3X3, Canada