Breathe With James: Terms & Conditions

Release of liability, waiver of claims and assumptions of risks. 

These terms of service (“terms”) are a legal agreement between you and Breathe With James Ltd. regarding the use of services (any pre-recorded and live sessions) hosted on the Breathe With James app. 

By clicking “Start Free Trial”, you agree to be bound by this agreement, you will waive certain legal rights, including the right to sue or claim compensation. 

By clicking “Start Free Trial” you agree to all the terms and conditions set forth in this agreement. 

Assumption of risks 

1. I am aware and understand that the activities may involve many risks, dangers and hazards, including but not limited to the risk of serious injury, death or property damage. I acknowledge that I am voluntarily participating in the activities. I freely accept and fully assume any and all of the risks, dangers and hazards involved and the possibility of injury, death and property damage, whether caused by negligence of Breathe With James or otherwise. I understand that I should consult a doctor in advance of performing or participating in any of the activities and that I should advise Breathe With James of any health concerns in advance of starting the activities. 

2. I hereby expressly waive and release any and all claims which I have or may have against Breathe With James arising out of or related to the sessions, due to any cause whatsoever, including, without limitation, the negligence of Breathe With James.

3. I covenant not to make or bring any such claim against Breathe With James and forever release and discharge Breathe With James from liability under such claims. I shall indemnify, defend, and hold Breathe With James and all other releases harmless against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, in connection with any third party claim, suit, action or proceeding arising out of or resulting from the sessions. 

4.This agreement constitutes the entire agreement of Breathe With James and me with respect to the subject matter contained herein and supersedes all proper and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. 

5. If any term or provision of this agreement is held to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this agreement of invalidate or render unenforceable such term of provision in any other jurisdiction. 

6. This agreement is binding on and shall ensure the benefit of Breathe With James and me and each of our respective heirs, executors, administrators, successors, and permitted assigns. 

7. I acknowledge that I have read and understood all of the terms of this agreement and that I am voluntarily waiving substantial legal rights, including the right to sue Breathe With James and the releases. 

Health Disclaimer 

I fully understand that I will be engaging in activities that may involve physical exercise and risks of serious injury, including permanent disability and death, which might result not only from my own actions, but also that of other persons, the activities, or the condition of the premises or equipment used. 

I understand that it is my responsibility to determine that I am physically and medically able to participate in the sessions and, if necessary, to consult with a physician proper to and regarding my participation in sessions. I represent and warrant that I have no medical condition that would prevent my participation in the program, including no known history of fainting or epilepsy and not currently pregnant or breastfeeding. 

Account 

In order to use the service, you must create an account. When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of service. 

You are solely responsible for all activities that occur through your account, users are responsible for keeping their login credentials confidential and safe. For this reason, users are also required to choose passwords that meet the highest safety standards of strength. By registering, users agree to be fully responsible for all activities that occur under their username and password. 

To protect your account from unauthorised use do not provide your username or password to anyone else. Please notify use immediately or any unauthorised use of your account or any other breach of security by sending an email to james@breathewithjames.com 

Membership Subscription Fees 

Memberships are billed on a periodic basis as specified at the time of purchase (e.g monthly or yearly). Your membership subscription will continue in effect on a recurring basis corresponding to time of your subscription unless and until you cancel your subscription or the account or the service is otherwise suspended or discontinued pursuant to this agreement. If membership is cancelled or terminated before the end of the applicable billing cycle, Breathe With James will not reimburse the member for the remainder of that paid month. Members may cancel their membership at any time. Membership must be cancelled prior to the renewal date in order to avoid additional membership charges. 

Users may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any user will be construed by Breathe With James as fraudulent use, which will result in the immediate cancellation of membership without refund. We reserve the right to cancel any membership it believes has been compromised, or is being used fraudulently, as its own discretion. 

Breathe With James is a non-refundable subscription service. We do not refund any unused time. We trust our members to keep track of their subscriptions and to adhere to the terms and conditions agreed to upon registration. 

Subscriptions handled via Apple ID and Google Play 

Users may subscribe to a product using the apple ID associated with their apple app store account by using the relevant process on this application. When doing so, users acknowledge and accept that: 

• Any payment due shall be charged to their Apple ID account 

• Subscriptions are automatically renewed for the same duration unless the user cancels at least 24 hours before the end of the current period 

• Subscriptions can be managed or cancelled in the users’ apple app store or google play account settings 

• The above shall prevail upon any conflicting or diverging provision of these terms 

Coupons 

Offers or discounts can be based on coupons. Unless otherwise stated, these rules apply to the use of coupons: 

• Each coupon is only valid when used in the manner and within the timeframe specified on the website and/or coupon 

• A coupon may only be applied, in its entirety, at the actual time or purchase - partial use is not permitted unless otherwise stated. Single-use coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving instalment-based purchases; a coupon cannot be applied cumulatively. 

• The coupon must be redeemed exclusively within the time specified in the offer. After this period, the coupon will automatically expire precluding any possibility for the user to claim the relevant rights, including cash-out:

• The user is not entitled to any credit/refund/compensation if there is a difference between the value of the coupon and the redeemed value 

• The coupon is intended solely for non-commercial use. Any reproduction, counterfeiting and commercial trade of the coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the coupon. 

Modification and Discontinuation of Content 

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the service (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the service. 

We regularly make changes to the service. The availability of the content, as well as platforms and compatible devices through which devices are available will change from time to time. We reserve the right to replace or remove any content and the platforms available to you through the service, including specific titles of content, and to otherwise make changes in how we operate the service. 

Proprietary Rights 

Materials on the service, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any person or entity, without the company’s prior express written permission. 

Updates to our Terms of Service 

We may occasionally update these terms of use. When we do, we will also revise the “last updated” date at the end of this document. Your continued use of our service after such changes will be subject to the then-current terms.