These Terms & Conditions (these “Terms”) contain the terms and conditions on which Muvik Labs, LLC, supplies content, products or services listed on https://breathconductor.com (the “Website”), through the BreathConductor™ web app (the “App”) or via other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of Muvik Labs, LLC).
Copyright
All material contained in the app is Copyright© by Muvik Labs, LLC, all rights reserved. All materials (including software and content whether downloaded or not) contained in the Products are owned by Muvik Labs, LLC (or our affiliates and/or third-party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property of Muvik Labs, LLC and that other than any specific and limited licenses for the use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
BreathConductor™ App
By downloading or using the App, you hereby acknowledge that these Terms are applicable to you and, furthermore, you agree to be bound by these Terms. You should make sure you read these Terms carefully before using the App. You are not allowed to download, copy or modify the App, any part of the App, any audio and/or video content featured in the App, or our trademarks in any way. You are not allowed to attempt to extract the source code of the App, reengineer the audio and/or video content featured within the App, or translate the app into languages other than the language we have provided the App in, or make any derivative versions of the App. The App itself, the content inside the App and all the trademarks, copyrights, database rights and other intellectual property rights related to it belong to Muvik Labs, LLC.
Muvik Labs, LLC is committed to ensuring that the App is as useful and as efficient as possible. For that reason, we reserve the right to make changes to the App or to charge for it or any of the Products, at any time and for any reason. We will never charge you for the App or any of the Products without indicating what the charges will be for and what the amounts of such charges will be, prior to your agreement to be charged.
The BreathConductor™ App stores and processes personal data that you have provided to us, in order to provide our service. It is your responsibility to keep your phone and access to the App secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware, viruses, malicious programs, compromise your phone’s security features and it could mean that the BreathConductor™ App will not work properly, or at all.
Certain functions of the App will require the App to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider. Muvik Labs, LLC shall not be responsible for the App not working at full functionality if you do not have access to Wi-Fi, or any other means of internet access, or if you do not have a data plan with your mobile network provider with a data limit sufficient to allow your device to connect with, and use, our App.
If you are using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. By using the App, you are accepting responsibility for any such charges, including all roaming data charges (if you use the App outside of your home territory (i.e., region or country)) without disabling or deactivating data roaming. If you are not the bill payer for the mobile phone device on which you are using the App, please be aware that we assume that you are duly authorized and permitted by the bill payer to use the mobile phone device and the App.
Muvik Labs, LLC shall not be responsible for the condition of and the capabilities of your mobile phone device when using our App. It is your responsibility to ensure that your mobile phone device stays charged and has a battery level sufficient to use the App or the Products, as applicable.
With respect to Muvik Labs, LLC’s responsibility for your use of the App, when you are using the App, it is important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide certain information to us so that we may make it available to you. Muvik Labs, LLC shall have no liability for any loss, whether direct or indirect, you may experience as a result of relying wholly on the functionality of the App.
At some point, we may wish to update the App. The App is currently available on iOS – the requirements for the system (and for any additional systems we decide to extend the availability of the app to) may change, and you will need to download certain updates if you desire to keep using the App. Muvik Labs, LLC does not guarantee that the version and or operating platform of the App will be compatible with the software you have installed on your device. Nonetheless, you agree to always accept updates to the App when offered to you.
We may also wish to stop providing or updating the App or any of the Products, and we may, within our exclusive right, terminate use of the App or any of the Products at any time without giving advanced notice that we intend to terminate the App or any of the Products. In the event we decide to terminate the App or any of the Products, we will notify all users via an email to the registered email to your account within the App or a push notification to the mobile phone device the App is installed on (the “Notice”). Unless we instruct users otherwise in the Notice, upon receiving the Notice (a) the rights and licenses granted to you in these Terms will end and (b) you must stop using the App, and (if indicated in the Notice) delete it from your device.
Website Links
We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any third-party websites or services. Muvik Labs, LLC shall not be responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. Muvik Labs, LLC shall not be responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These terms and conditions are effective as of the date first written above.
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at [email protected].