Introduction and Acceptance
These Terms and Conditions (“Terms”) are a binding agreement between you and Elite Breathing Ltd (“we,” “us,” “our”), located at 3239 Green Lake Drive, Fort Collins, CO 80524. By downloading, installing, accessing, or using the Elite Breathing mobile application (“App”), you agree to these Terms and our Privacy Policy, incorporated here by reference. If you do not agree, you must stop using the App. We may update these Terms; continued use after changes means you accept them.
Eligibility and Account Registration
You must be at least 13 years old to use the App, in compliance with COPPA. Users under 18 need parental/guardian consent, and receive enhanced protections: no personalized advertising, restricted behavioral tracking, default-enhanced privacy settings, and explicit consent requirements for data sharing. You are responsible for the accuracy of your registration information and for maintaining the confidentiality of your account credentials. We may suspend or terminate accounts that violate these Terms, engage in fraud or abuse, or provide false information.
License Grant and Restrictions
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes. You may not copy, modify, reverse-engineer, redistribute, or create derivative works from the App; use it for unlawful purposes; interfere with our servers; use automated tools to access it; or use it to harass, impersonate, or infringe the rights of others.
App Features and Educational Purpose
The App provides breathing assessments, personalized breathing protocols, a bootcamp program, breath snapshot and daily habits tools, a breath health screen, an exercise vault, a journal feature, a knowledge zone, coach messaging, and consultation scheduling via Calendly.
IMPORTANT DISCLAIMER: The App and its content are for EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. It does not diagnose, treat, cure, or prevent any disease, and is not a substitute for professional medical advice. Consult a qualified healthcare provider before beginning any breathing exercise program, especially if you have a pre-existing medical condition. If you are experiencing a medical emergency, do not use this App — call emergency services immediately.
Pricing, Free Trial, and One-Time Purchase
- 14-Day Free Trial: New users get full access to all features at no cost, one trial per user.
- Limited Free Version: After the trial, access continues to core features (assessments, protocols, journal, breath snapshot, daily habits check, breath health screen, coach messaging, consultations) without the bootcamp, exercise vault, or knowledge zone.
- Premium One-Time Purchase ($29.99 USD): A single, non-recurring payment unlocks non-expiring access to all current features. This is NOT a subscription.
- Refunds: All purchases are final and non-refundable except where required by law. Contact us within 30 days for billing issues.
- Payment Processing: All payments are processed securely by Stripe under Stripe's own Terms of Service and Privacy Policy; we do not store full card details.
Third-Party Advertisements and Minor Protection
The limited free version may display advertisements served by Google AdMob to adult users (18+) only. Users under 18 and school/team accounts never see advertisements, personalized or otherwise. Purchasing the premium version removes all ads.
User-Generated Content
You retain ownership of content you submit (profile information, assessment responses, journal entries, messages to Coach Joe, etc.), but grant us a license to use it to operate and improve the App. We never use personal journals, private messages, or health screening data for model training, advertising, or public research. Coach and school data sharing is opt-in for sensitive categories, with granular consent and revocable access controls — see our Privacy Policy for details.
Third-Party Services and Integrations
Your use of the App is subject to the terms and privacy policies of the third-party services it relies on, including:
- Stripe (payment processing)
- Apple and Google (app distribution and optional sign-in)
- Firebase / Google Cloud (backend infrastructure, storage, authentication, analytics, crash reporting)
- Microsoft Clarity (behavioral analytics, heatmaps, and session replay used to understand App usage and improve the user experience, subject to the Microsoft Clarity Terms of Use and Microsoft Privacy Statement)
- Google AdMob (advertisement delivery for free-version adult users)
- Calendly (consultation scheduling)
We do not control these services and are not responsible for their availability, practices, or performance. We may add, remove, or replace third-party providers at any time.
Intellectual Property
The App and all its content — text, graphics, protocols, assessment algorithms, trademarks, and software — are owned by Elite Breathing Ltd or its licensors and protected by intellectual property law. No rights are transferred to you beyond the limited license granted above.
Free Consultations and Coaching Services
Complimentary consultations with Coach Joe are available to all users via Calendly, subject to availability. Consultations are for educational and coaching purposes only — Coach Joe is not a licensed medical professional, and nothing said in a consultation constitutes medical advice. Sessions may be recorded for quality assurance with your explicit consent; recordings are encrypted, access-limited, retained for 90 days by default, and never sold or used for advertising.
Assumption of Risk and Health Acknowledgment
Breathing exercises carry inherent risks (dizziness, lightheadedness, hyperventilation, and similar effects). By using the App you confirm you are voluntarily participating, are in suitable health, and will stop immediately if you experience discomfort. You assume all risks associated with using the App, and should consult a healthcare provider first if you have a pre-existing condition such as asthma, COPD, cardiovascular disease, a respiratory or anxiety disorder, epilepsy, or are pregnant.
Termination
You may delete your account and uninstall the App at any time; premium purchases are not refunded on voluntary termination. We may suspend or terminate accounts that violate these Terms, engage in fraud, or pose a security risk, without refund in such cases.
Disclaimers and Limitation of Liability
The App is provided “as is” and “as available,” without warranties of any kind, and does not create a doctor-patient or professional relationship. To the fullest extent permitted by law, Elite Breathing Ltd is not liable for indirect, incidental, or consequential damages, and our aggregate liability is capped at the amount you paid for the premium version (or $0.00 if you have not purchased it).
Indemnification
You agree to indemnify and hold harmless Elite Breathing Ltd from claims arising out of your use or misuse of the App, violation of these Terms, or content you submit.
Dispute Resolution, Arbitration, and Class Action Waiver
These Terms are governed by the laws of the State of Colorado. Disputes are resolved first through informal negotiation, then through binding individual arbitration administered by the American Arbitration Association in Fort Collins, Colorado. You and Elite Breathing Ltd waive the right to participate in class actions or jury trials, except where prohibited by law or for small-claims and intellectual-property matters. Enterprise and institutional customers may have separate terms governing dispute resolution.
Privacy and Data Protection
Our collection and use of your information is governed by our Privacy Policy, incorporated into these Terms by reference. Educational institutions deploying the App for students receive FERPA-aligned Data Processing Addendums — contact us for details.
Changes to the App and These Terms
We may modify, suspend, or discontinue the App or update these Terms at any time. Material changes will be posted in the App and reflected in a new “Last Updated” date. Continued use after such changes constitutes acceptance.
Contact Information
Elite Breathing Ltd
Email: coachjoe@elitebreathing.com
Address: 3239 Green Lake Drive, Fort Collins, CO 80524, United States
Support Hours: Monday–Friday, 9:00 AM–5:00 PM MT (excluding holidays)
By using the Elite Breathing App, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.