Legal · Breathwork Studios LLC

End-User
License Agreement

Effective upon installation or use of the Licensed Application

Please read this agreement carefully before using the Cyclic Sighing application. By installing or using the application, you agree to be bound by these terms. If you do not agree, you must not use the application and must uninstall it from all devices. By using the application, you certify that you are at least 18 years of age.

Section 01

General

Apps made available through the App Store are licensed, not sold, to you. The application provider is Breathwork Studios LLC ("Licensor"). The app subject to this EULA is the "Cyclic Sighing" application ("Licensed Application"). Licensor reserves all rights not expressly granted to you under this EULA.

This agreement is between Licensor and you only — not with Apple Inc. Licensor, not Apple, is solely responsible for the Licensed Application and its content. Licensor acknowledges having reviewed the Apple Media Services Terms and Conditions, and this EULA does not conflict with those terms.

Section 02

Scope of License

Licensor grants you a nontransferable license to use the Licensed Application on any Apple-branded products you own or control, as permitted by the Usage Rules. This EULA governs any content, materials, or services accessible within the Licensed Application and any upgrades provided by Licensor, unless such upgrades are accompanied by a separate EULA.

You may not distribute or make the Licensed Application available over a network for simultaneous multi-device use. You may not transfer, redistribute, or sublicense the application. If you sell your Apple device to a third party, you must remove the Licensed Application first. You may not copy, reverse-engineer, disassemble, attempt to derive source code, modify, or create derivative works of the Licensed Application except as permitted by applicable law.

Section 03

Consent to Use of Data

You agree that Licensor may collect and use technical data and related information — including device information, system and application software, and peripherals — gathered periodically to facilitate software updates, product support, and related services. Licensor may use this information in non-personally-identifying form to improve its products or provide services to you.

Suggestions

If you provide feedback, ideas, or suggestions ("Suggestions") regarding the Licensed Application, Licensor may freely use, reproduce, modify, license, and distribute those Suggestions without compensation or obligation to you.

Section 04

Prohibited Uses

All content, visual elements, and audio components within the Licensed Application are protected by copyright and intellectual property laws. Without explicit written authorization, you may not:

  • Record, capture, or create screen recordings, videos, audio recordings, or other reproductions of the Licensed Application's interface, content, functionality, or sounds.
  • Publish, upload, stream, or distribute any such recordings on the internet (including social media, video-sharing sites, or personal websites) or any other medium.

However, you are granted a limited, revocable, non-exclusive license to create and share short video reviews on platforms like YouTube or TikTok, provided that:

  • Reviews are solely for the purpose of promoting or commenting on the Licensed Application.
  • Reviews do not reproduce substantial portions of the content or functionality beyond what is necessary for a fair review.
  • Reviews are not used for commercial purposes without prior written consent.
  • You do not modify or create derivative works from the Licensed Application's content beyond standard editing for review purposes.

The proprietary educational methodology of the Licensed Application — including its structured progression of exercises across six distinct levels and specific learning objectives — is expressly protected. You are strictly prohibited from copying, recreating, or adapting this pedagogical structure for any format or medium, including books, e-books, digital courses, or any other publication. Unauthorized use constitutes a violation of these terms and may result in legal action.

Section 05

Termination

This EULA is effective until terminated by you or Licensor. Your rights under this EULA will terminate automatically without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the Licensed Application and destroy all copies. All license rights granted to you shall immediately terminate. All other provisions of this EULA survive termination.

Section 06

External Services

The Licensed Application may enable access to Licensor's and/or third-party services and websites ("External Services"). You agree to use External Services at your sole risk. Licensor is not responsible for evaluating or guaranteeing the accuracy of third-party External Services. Data displayed — including financial, medical, or location information — is for general informational purposes only.

You agree not to use External Services to harass, abuse, stalk, threaten, or defame any person. Licensor reserves the right to change, suspend, or remove access to any External Services at any time without notice or liability.

Third Party Terms

You must comply with applicable third-party terms of agreement when using the Licensed Application.

Third Party Beneficiary

You and Licensor acknowledge that Apple and Apple's subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance, Apple will have the right to enforce this EULA against you as a third-party beneficiary.

Section 07

No Obligation to Support or Maintain

Licensor may extend or modify the Licensed Application at any time without notice, but is not obligated to provide defect fixes, updates, upgrades, or new releases. If updates are made available, you acknowledge they may have different APIs, features, or functionality than the version licensed hereunder. You waive any claim arising from incompatibility or differences across device models and OS versions.

Apple has no obligation whatsoever to furnish maintenance or support services for the Licensed Application.

Section 08

No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN ADVICE FROM LICENSOR SHALL CREATE A WARRANTY.

YOU ACKNOWLEDGE THAT IN THE EVENT OF ANY FAILURE TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE AND APPLE WILL REFUND THE PURCHASE PRICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WITH RESPECT TO THE LICENSED APPLICATION.

Section 09

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED. IN NO EVENT SHALL LICENSOR'S TOTAL LIABILITY EXCEED FIFTY DOLLARS ($50.00).

Licensor, not Apple, is responsible for addressing claims relating to the Licensed Application, including product liability claims, regulatory non-conformance claims, and consumer protection or privacy claims. In the event of any third-party intellectual property infringement claim, Licensor will be solely responsible for the investigation, defense, settlement, and discharge of such claim.

Section 10

Assumption of Risk

The Licensed Application is intended for general wellness and educational purposes only and is not a substitute for professional medical advice, diagnosis, prognosis, treatment, therapy, counseling, or prescription. You must not use the Licensed Application in a medical emergency or to diagnose or treat any health problem. Always consult a qualified health care professional before beginning any new wellness or breathing practice, especially if you are pregnant, have a medical condition, or have health concerns.

If you are under 18, you may only use this application with the consent and supervision of a parent or legal guardian. Your use of the Licensed Application is solely at your own risk. BY USING THE LICENSED APPLICATION YOU ASSUME ALL RESPONSIBILITY AND RISK.

Section 11

Indemnity

To the extent permitted by applicable law, you agree to indemnify, defend, release, and hold harmless Licensor, its partners, directors, officers, employees, consultants, independent contractors, agents, and representatives from any and all claims, losses, liabilities, damages, expenses, and costs (including attorneys' fees and court costs) arising from or related to your use of the Licensed Application.

Section 12

Export Control

You may not use or export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which it was obtained. The Licensed Application may not be exported into U.S.-embargoed countries or to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list.

You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Section 13

Commercial Items

The Licensed Application and related documentation are "Commercial Items" as defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation." Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, these are licensed to U.S. Government end users only as Commercial Items and with only those rights granted to all other end users under these terms.

Section 14

Controlling Law

This Agreement shall be governed by the laws of the State of Texas, excluding its conflicts of law provisions. You and Licensor agree to submit to the personal and exclusive jurisdiction of the courts located within Collin County, Texas for any disputes arising from this Agreement. The United Nations Convention on the International Sale of Goods is expressly excluded.

Section 15

Dispute Resolution

You and Licensor agree that any disputes arising out of or related to these Terms or your use of the application will be resolved through final and binding arbitration. By agreeing to these Terms, you waive any right to pursue claims as part of a class action or class-wide arbitration.

Section 16

Complete Agreement; Governing Language

This license constitutes the entire agreement between you and Licensor relating to the use of the Licensed Application and supersedes all prior or contemporaneous understandings regarding such subject matter. If any provision is found to be unenforceable, the remainder of this license shall continue in full force and effect.

Questions or comments about this EULA?

Contact the Licensor

18383 Preston Rd, #202, Dallas, TX 75252