Terms of Use

Last updated: [DATE OF PUBLICATION]

These terms are the agreement between you and [DEVELOPER LEGAL NAME], an individual developer based in Georgia (the country), who makes and runs the Deep Breez app ("we", "us"). By downloading or using Deep Breez you agree to them. If you do not agree, please do not use the app.

How we handle your data is explained in the Privacy Policy.

1. Who can use Deep Breez

• You must be 18 or older.
• Deep Breez is for your own personal use, not for business use.

2. What Deep Breez is

Deep Breez is a support app for adults who are stopping cigarettes, vapes or heated tobacco. It offers:

• something short to do when a craving comes: a short workout, a walk timer, guided breathing, meditation;
• a buddy to talk to, with built-in replies or, if you allow it, replies written by an AI;
• counts of your days, the money you have kept, and the cravings you got through;
• medals, programs, a journal, and general information about the body with its sources.

3. What Deep Breez is not

• It is not medical treatment, medical advice or a medical device. It does not diagnose, treat, cure or prevent any condition.
• We do not promise any result. We do not promise that you will stop smoking or vaping, or stay stopped.
• The health information in the app is general, and comes from public sources named beside it (for example the NHS, the CDC and the World Health Organization). It is not written for your personal situation.
• The app does not replace a doctor, a pharmacist or a stop-smoking service. Talk to one of them about medicines, and before you start if you have a heart or lung condition, are pregnant, or are not sure that moving is safe for you.
• Moving and breathing. Do the workouts and breathing at your own level. Stop if you feel pain, dizziness or shortness of breath. In breathing with holds, skip the holds and breathe normally if you feel dizzy.

In an emergency

Deep Breez cannot help in an emergency. If you or someone else is in danger, call your local emergency number straight away: 112 in the European Union and in Georgia, 911 in the United States and Canada, 999 in the United Kingdom, 000 in Australia. If you are thinking about harming yourself, contact a crisis line in your country (you can find one at findahelpline.com) or emergency services.

4. The free part

Craving help is free, with no account and no subscription: the short workout, guided breathing and the walk timer. Your day count and the money you have kept are free too. We intend these to stay free for as long as Deep Breez is offered.

5. Subscriptions and free trials

Some features need a paid plan. At the moment these are meditation, talking to your buddy, the practice library and programs, Journey, medals and Body. The app shows what is included before you buy.

The plans

These are the prices in the United States App Store. In other countries Apple shows the price in your App Store's currency, and it can be different and may include tax. The price and trial shown on the purchase screen at the moment you buy are the ones that apply. From time to time the app may show a different offer, with its full terms, before you accept it.

How payment and renewal work

• You buy through your Apple Account. Apple takes the payment; we never see your card.
• Free trial. Nothing is charged when the trial starts. If you do not cancel at least 24 hours before the trial ends, the plan begins and Apple charges the full price shown.
• Automatic renewal. A plan renews by itself, for the same period and at the same price, until you cancel. Apple charges your account within the 24 hours before each period ends.
• A free trial is for people who have not had a Deep Breez trial or plan before, under Apple's rules for introductory offers.
• If we change a price, Apple tells you beforehand and, where its rules or the law require it, asks you to agree. If you do not agree, the plan ends at the end of the period you paid for.

How to cancel

• On your iPhone: Settings › your name › Subscriptions › Deep Breez › Cancel. You can also get there from Profile in the app.
• Cancel at least 24 hours before the end of the trial or the current period to avoid the next charge.
• After you cancel, you keep the paid features until the end of the period you paid for. The free part always stays.
• Deleting the app, or deleting your Deep Breez account, does not cancel a subscription. Only the steps above do.

Refunds

Apple handles refunds under its own policy. Ask at reportaproblem.apple.com. We cannot give a refund for an App Store purchase ourselves.

Your rights as a consumer

Nothing in this section takes away rights that the law of your country gives you as a consumer, for example a right to withdraw from a purchase within a set time, or rights when digital content is faulty.

Restoring a purchase

If you paid and the features are locked (for example on a new phone), tap Restore in the app while signed in to the same Apple Account.

6. The AI coach

• Talking to your buddy with AI replies is optional. The app asks before anything is sent, and you can turn AI replies off in Profile.
• The replies are written by an AI model, not a person. The buddy is not a doctor, therapist or counselor.
• Replies can be wrong, incomplete or not right for you. Do not rely on them for decisions about your health, medicines, money or the law.
• The coach is for talking about stopping smoking or vaping: cravings, slips, stress, mood, sleep and moving. It will decline other requests.
• There is a daily limit on messages. The coach may be slow or unavailable at times; the built-in replies then take over. We may change or pause it.
• The coach cannot respond to an emergency. See section 3.

7. Your account and your content

• You do not need an account. If you sign in with Apple, Google or email, keep that account safe: you are responsible for what is done through it.
• What you write in the app (your reasons, your journal, your messages) stays yours. You give us only the permission needed to store it, back it up and process it for you, as the Privacy Policy describes.
• You can delete your account at any time in Profile › Account › Delete account.

8. Acceptable use

Please do not:

• use Deep Breez if you are under 18;
• use it to break the law or to harm anyone;
• try to reach other people's data, or get around the app's limits or security;
• overload, probe or attack our servers, or use automated tools against them;
• try to extract the AI coach's instructions, or use the coach as a general AI service;
• copy, resell, rent or redistribute the app or its content;
• reverse-engineer the app, except where the law gives you that right and it cannot be excluded.

If you do, we may limit or end your access to the online features. This does not cancel a subscription, which only you can do through Apple, and it does not remove any right the law gives you.

9. Our content and your license

The app and everything in it (its design, the buddies Breez, Sol, Sage and Luna, the medals, animations, voice recordings, sounds and text) belong to us or to those who license them to us, and are protected by copyright and other laws. "Deep Breez" and the buddy names and looks are our marks.

We give you a personal, non-exclusive, non-transferable license, which we can withdraw, to use the app on Apple devices you own or control, as these terms and Apple's App Store rules allow. Nothing else is licensed to you.

Names of health bodies and other sources belong to their owners. Showing a source does not mean that it endorses Deep Breez.

Some parts of the app use open-source software, under the licenses of that software.

10. Websites and services run by others

The app links to articles and services run by others, such as public health websites, quitlines and a helpline finder. We do not control them and are not responsible for what they contain or how they treat your data. Their own terms apply.

11. Changes to the app, and ending

• We may update the app, and add, change or remove features. If a change takes away a major paid feature, your consumer rights in section 5 are not affected.
• You can stop using Deep Breez at any time. Remember to cancel your subscription.
• If we ever stop offering Deep Breez, we will say so in the app with reasonable notice, stop new subscriptions, and explain how to cancel.

12. Our responsibility to you

We make Deep Breez with reasonable care and skill. Beyond what the law requires, the app is provided "as is": we do not promise that it will always be available, or free of errors.

Nothing in these terms limits or excludes our liability where the law does not allow that. This includes liability for death or personal injury caused by our negligence, for fraud, for intent or gross negligence, and your rights as a consumer under the law of your country.

Subject to that, and to the fullest extent the law allows:

• we are not liable for losses we could not reasonably have foreseen, or that were not caused by our breaking these terms;
• we are not liable for what happens because of decisions you make based on the app's general information or the AI coach's replies;
• we are not liable for business losses, because the app is for personal use only;
• our total liability to you is limited to the amount you paid for Deep Breez in the 12 months before the claim arose.

13. Apple

Deep Breez is distributed through Apple's App Store, and Apple asks us to state the following.

• These terms are between you and us, not Apple. We, not Apple, are responsible for the app and its content.
• Apple has no duty to provide maintenance or support for the app.
• If the app does not meet a warranty that applies, you may tell Apple, and Apple will refund the price you paid for the app, if any. To the fullest extent the law allows, Apple has no other warranty duty for the app.
• We, not Apple, are responsible for dealing with claims about the app: product liability, a failure to meet a legal requirement, and consumer protection, privacy or similar laws.
• If someone claims that the app infringes their intellectual property rights, we, not Apple, are responsible for handling that claim.
• You confirm that you are not in a country under a United States government embargo or named by it as "terrorist supporting", and that you are not on a United States government list of prohibited or restricted parties.
• You must follow any terms of others that apply when you use the app, such as your mobile data agreement.
• Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept them, Apple has the right to enforce them against you.

Apple's Media Services Terms and Conditions also apply to your use of the App Store. Where these terms do not cover something, Apple's standard Licensed Application End User License Agreement applies.

14. Law and disputes

[GOVERNING LAW: owner to confirm]

Whatever law governs these terms, if you are a consumer you keep the protection of the mandatory rules of the country where you live, and you may bring a claim in the courts of that country.

Please write to us first at [CONTACT EMAIL]. Most problems can be put right quickly that way.

15. Changes to these terms

We may change these terms, for example when the app or the law changes. The date at the top shows the latest version. If a change matters, the app will tell you before it applies. If you do not agree, stop using the app and cancel your subscription; the old terms apply until the end of the period you paid for.

16. General

• If a court finds part of these terms invalid, the rest still applies.
• If we do not enforce a term straight away, we can still enforce it later.
• You may not pass your rights under these terms to someone else. We may pass ours to a new owner of Deep Breez; your rights stay the same.

17. Contact

[DEVELOPER LEGAL NAME]
[POSTAL ADDRESS IF REQUIRED]
Email: [CONTACT EMAIL]