Terms and Conditions for Breathworks

Last Updated: 01/12/2025

1. Acceptance of Terms

Welcome toBreathworks ("Website," "Service," "we," "us," or "our"). By accessing or using our Website and services, you ("User," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not access or use our Website or services.

2. Medical Disclaimer & Liability Waiver

Important Notice: Breathwork involves intensive breathing exercises that can cause strong physical and emotional responses. Our services are not a substitute for professional medical advice, diagnosis, or treatment.

2.1 Health Considerations & Contraindications:

You acknowledge and agree that breathwork is not suitable for everyone and may be contraindicated if you have:

* Cardiovascular problems, high blood pressure, or history of heart attack

* Epilepsy or history of seizures

* Detached retina, glaucoma, or recent surgery

* Osteoporosis or significant physical injuries

* Severe mental health conditions (e.g., psychosis, bipolar disorder)

* Pregnancy (especially first trimester without specialist approval)

* Recent history of aneurysms

* Hospitalization for any psychiatric condition or emotional crisis within the last 10 years

* Any other condition that affects your ability to engage in intense physical activity

2.2 Personal Responsibility:

You represent that you have consulted with a qualified healthcare professional regarding your participation in breathwork, especially if you have any pre-existing physical or mental health conditions. You agree to assume full responsibility for any risks, injuries, or damages, known or unknown, which you might incur as a result of participating in the practices offered on this Website.

2.3 Waiver of Liability:

To the fullest extent permitted by law, Breathworks, its owners, employees, contractors, and facilitators will not be held liable for any direct, indirect, incidental, consequential, or special damages arising from or related to your use of the Website, services, or any information contained therein, including but not limited to personal injury, emotional distress, or any other loss.

3. Services Offered

We offer various breathwork-related services, which may include:

* Pre-recorded breathwork sessions and courses

* Live online workshops and classes

* Educational materials and resources

* One-on-one or group coaching (if applicable)

* Membership programs (if applicable)

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

4. User Account and Conduct

4.1 Account Creation: For certain services, you may need to create an account. You agree to provide accurate and complete information and to keep this information updated.

4.2 Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

4.3 Prohibited Conduct: You agree not to:

* Use the service for any unlawful purpose.

* Share your account access or download content to redistribute.

* Harass, abuse, or harm another person.

* Upload or transmit viruses or any malicious code.

* Attempt to gain unauthorized access to our systems or other user accounts.

* Use the service while under the influence of alcohol or non-prescription drugs.

5. Payments, Subscriptions, and Refunds

5.1 Fees: You agree to pay all fees specified for any service you purchase. All fees are in ZAR and are non-refundable except as required by law or explicitly stated in our Refund Policy.

5.2 Subscriptions: For recurring subscription services, your payment method will be charged automatically on the renewal date until you cancel. You can cancel your subscription at any time through your account settings, but you will not receive a refund for the current billing period.

5.3 Refund Policy: Due to the digital nature of our core offerings, we generally do not offer refunds for downloaded content or completed sessions. Specific refund policies for programs, memberships, or live events will be clearly stated at the point of purchase.

6. Intellectual Property

6.1 Ownership: All content on this Website, including but not limited to text, graphics, logos, images, audio clips, video, digital downloads, data compilations, and software, is the property of Breathworks or its content suppliers and is protected by international copyright and intellectual property laws.

6.2 Limited License: Upon valid purchase, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the purchased content for your **personal, non-commercial use only**. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content without our express prior written permission.

7. Privacy

Your privacy is important to us. Our Privacy Policy, which explains how we collect, use, and protect your personal information, is incorporated into these Terms by reference. Please review it here: [Link to Privacy Policy].

8. Disclaimer of Warranties

The Website and its content are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. We do not warrant that the service will be uninterrupted, secure, or error-free, or that any defects will be corrected.

9. Limitation of Liability

In no event shall Breathworks, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the service.

10. Indemnification

You agree to defend, indemnify, and hold harmless [Your Breathwork Website Name] and its affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your violation of these Terms or your use of the service.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the new Terms on the Website and updating the "Last Updated" date. Your continued use of the service after such changes constitutes your acceptance of the new Terms.

12. Termination

We may suspend or terminate your access to the service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of [Your State/Province and Country], without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved through confidential, binding arbitration in [Your City, State/Province] rather than in court.

14. Miscellaneous

14.1 Entire Agreement: These Terms constitute the entire agreement between you and Breathworks regarding our service.

14.2 Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full effect.

14.3 Contact: If you have any questions about these Terms, please contact us at: mnash05@gmail.com.

Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED OF THE POTENTIAL PHYSICAL AND EMOTIONAL INTENSITY OF BREATHWORK AND ASSUME ALL ASSOCIATED RISKS VOLUNTARILY.