Terms

1. Who we are
‍Breathstate Pty Ltd (ABN 14 688 108 205, ACN 688 108 205) operates the Breathstate platform, mobile and web application, and admin dashboard (together, the "Service").

Our registered office is c/- BBB Partners, Floor 8, 60 Albert Rd, South Melbourne VIC 3205, Australia.

‍2. Who these terms apply to
‍These terms apply to:Individual subscribers who purchase access to the Service directly through the App Store or Google Play ("Individual Users").

Employees or contractors of an organisation that has subscribed to the Service on their behalf ("Authorised Users").

Visitors to the Breathstate website at breathstate.co.

‍3. Accepting these terms
‍By creating an account and checking the agreement box on first login, you confirm that you have read, understood, and agree to these terms and our Privacy Policy. If you do not agree, do not create an account or use the Service.

‍4. Age requirement
‍You must be at least 16 years of age to use the Service. By creating an account, you confirm that you meet this requirement. If you are under 16, do not create an account or use the Service.

‍5. Your account
‍You are responsible for keeping your account credentials secure and for all activity that occurs under your account. You must not share your account with anyone else. If you become aware of any unauthorised use of your account, notify us immediately at hello@breathstate.co.

Each account is for one individual user only.

‍6. Individual subscriptions
‍Individual subscriptions are purchased and managed through the Apple App Store or Google Play. Pricing, billing, free trials (if offered), and cancellation are governed by Apple's or Google's terms and conditions, as applicable. Breathstate does not process individual subscription payments directly and is not responsible for billing disputes relating to App Store or Google Play purchases. To cancel your individual subscription, follow the cancellation process in your App Store or Google Play account settings. Cancellation takes effect at the end of the current billing period. We do not offer refunds for unused portions of a subscription period except where required by Australian Consumer Law.

‍7. Authorised Users (workplace subscriptions)
‍If you are accessing the Service as an Authorised User through your employer's subscription, your employer has agreed to the Breathstate Subscription Agreement on behalf of your organisation.

You are bound by these Terms of Service directly. Your use of the Service is voluntary. Your employer cannot see your individual data — only aggregated, de-identified information as described in our Privacy Policy. If your employment ends, your access to the Service will end when your employer removes your account.

‍8. Acceptable use
‍You must use the Service lawfully and in accordance with these terms. You must not: attempt to reverse engineer, copy, or extract the source code of the Service; use the Service to transmit harmful, offensive, or unlawful content; attempt to gain unauthorised access to any part of the Service or its infrastructure; impersonate another person or create a false identity; use the Service in any way that could damage, disable, or impair it; or use the Service for any commercial purpose other than as expressly permitted under your subscription.

‍9. Not a clinical service
‍The Service is a science-backed breathwork tool designed to support stress regulation and workplace mental health. It is not a substitute for clinical mental health diagnosis, treatment, or care. Breathstate does not diagnose, treat, or provide advice about any mental health condition.

If you are experiencing a mental health crisis, please contact your GP, a mental health professional, Lifeline on 13 11 14, or Beyond Blue on 1300 22 4636.

‍10. Intellectual property
‍All intellectual property in the Service — including the software, content, breathwork methodology, Mental Health Index methodology, and all related documentation — is owned by Breathstate or its licensors. Your subscription gives you a personal, non-exclusive, non-transferable right to use the Service for your own purposes during your subscription period. You may not copy, modify, distribute, or create derivative works from any part of the Service.

‍11. Privacy
‍Your personal information is handled in accordance with our Privacy Policy, available at breathstate.co/privacy. By using the Service, you consent to our collection, use, and handling of your personal information as described in the Privacy Policy.

‍12. Service availability
‍We aim to make the Service available at all times but cannot guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, emergency maintenance, or events outside our reasonable control. We will take reasonable steps to minimise disruption and communicate planned outages where practicable.

‍13. Changes to the Service
‍We may update or modify the Service from time to time to improve functionality, fix issues, or comply with legal requirements. We will not materially reduce core functionality without reasonable notice. Continued use of the Service after a change constitutes acceptance of the updated Service.

‍14. Suspension and termination
‍We may suspend or terminate your access to the Service if you breach these terms, if we are required to do so by law, or if your employer's subscription ends (for Authorised Users). We will give you reasonable notice where practicable. If your account is terminated for breach, you will not be entitled to a refund of any subscription fees. Individual subscribers may terminate at any time through their App Store or Google Play account settings.

‍15. Australian Consumer Law
‍Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy implied or imposed by the Australian Consumer Law or any other law that cannot be lawfully excluded. If you are a consumer under the Australian Consumer Law, you may have rights that these terms cannot override.

‍16. Limitation of liability
‍To the maximum extent permitted by law, Breathstate's total liability to you arising out of or in connection with these terms or your use of the Service is limited to the total subscription fees you paid to Breathstate in the 12 months preceding the event giving rise to the claim. Breathstate is not liable for any indirect, incidental, consequential, or special loss or damage, including loss of data, loss of revenue, or loss of opportunity, even if advised of the possibility of such loss.

‍17. Governing law
‍These terms are governed by the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria for any dispute arising out of or in connection with these terms or your use of the Service.

‍18. Changes to these terms
‍We may update these terms from time to time. Material changes will be communicated by email to active users and posted at breathstate.co/terms. Continued use of the Service after the effective date of a change constitutes acceptance of the updated terms. If you do not agree to updated terms, you should stop using the Service and cancel your subscription.

‍19. Contact us
‍hello@breathstate.co
breathstate.co
Breathstate Pty Ltd, c/- BBB Partners, Floor 8, 60 Albert Rd,
South Melbourne VIC 3205, Australia.

Version 1.0 · May 2026