1. Acceptance of Terms
By accessing or using Breathie ("the Service") at givebreathie.com, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use the Service. Your continued use of the Service after any updates to these Terms constitutes your acceptance of the revised Terms.
2. The Service
Breathie is a brand owned and operated by Brick Road Technology Pty Ltd, registered at 9 Bartlett Road, Noosaville QLD 4566, Australia.
Breathie is an AI-assisted platform that enables users to create personalized guided meditations and deliver them as gifts to others. The Service operates on a one-time purchase basis; no recurring subscription is required. Breathie reserves the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice.
3. Eligibility
You must be at least 18 years of age to use the Service. By using Breathie, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement.
4. User Conduct
You agree to use Breathie only for lawful purposes and in a manner that does not infringe the rights of others. You must not use the Service to create, transmit, or distribute content that:
- Is harmful, abusive, harassing, threatening, or hateful
- Promotes violence, discrimination, or illegal activity
- Is sexually explicit or obscene
- Infringes any third-party intellectual property, privacy, or publicity rights
- Is false, misleading, or fraudulent
- Violates any applicable local, national, or international law or regulation
We reserve the right to refuse, remove, or block any content or user that violates these rules, at our sole discretion and without prior notice.
5. AI-Generated Content
The meditations and audio produced through Breathie are generated using artificial intelligence. As such:
- Outputs may vary and are not guaranteed to meet any particular standard of quality, accuracy, or suitability for a specific purpose.
- AI-generated content may occasionally produce unexpected, incomplete, or imperfect results.
- You are solely responsible for reviewing any content before sharing or gifting it to others.
- Breathie does not endorse or guarantee the accuracy, completeness, or appropriateness of any generated content.
- While we apply automated content moderation, it is not foolproof, and AI-generated content may occasionally be inaccurate, biased, or inappropriate despite these safeguards. You should not rely on any generated content as factual, professional, or expert advice.
6. Payments and Refunds
Payments are processed securely through Stripe. All prices are displayed in USD unless otherwise stated. By completing a purchase, you authorize Breathie to charge the applicable fee to your selected payment method.
Automatic Refunds - Service Failures: If Breathie fails to generate your audio due to a technical error on our end - including failures of our AI provider, audio generation pipeline, or other core infrastructure - you will receive an automatic refund to your original payment method within 5–10 business days. No action is required on your part.
No Refund - Policy Violations: If your purchase is declined, blocked, or cannot be fulfilled because your submitted content violates our User Conduct policy (Section 4) - including content that is harmful, hateful, threatening, obscene, or otherwise prohibited - no refund will be issued. By submitting content for generation, you represent that it complies with our policies. The risk of non-delivery due to policy violations rests solely with you.
No Other Refunds: Because Breathie delivers a digitally generated product, all other sales are final except where required by applicable law.
Chargebacks: If you initiate an unjustified chargeback, Breathie reserves the right to suspend your access to the Service.
Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any rights or guarantees you may have under the Australian Consumer Law that cannot lawfully be excluded or limited.
7. Intellectual Property and Content
Your Inputs:You retain ownership of any personal information, preferences, or text you submit to generate your meditation, including any script, recording, or other content you type, paste, upload, or otherwise provide - whether written by you or generated using external or third-party artificial intelligence tools (collectively, "User Inputs"). By submitting User Inputs, you grant Breathie a limited, non-exclusive, worldwide, royalty-free license to process those inputs solely for the purpose of generating your requested content and improving our Service.
Generated Audio: AI-generated content may not qualify for copyright protection under applicable law. To the extent any rights exist in the audio generated through the Service, Breathie assigns or licenses those rights to you for personal, non-commercial use only - including sharing or gifting the audio to others. You may not resell, redistribute, broadcast, sublicense, or use generated audio for any commercial purpose without our express prior written consent.
Breathie's Property: All rights in the Service itself - including the AI models, system prompts, templates, platform architecture, software, and branding - remain exclusively with Breathie. Nothing in these Terms transfers any intellectual property rights in the Service to you.
No Unlawful Content: You represent and warrant that you own, or have obtained all rights, licenses, consents, and permissions necessary to submit, your User Inputs, and that neither your User Inputs nor Breathie's processing of them to generate your requested audio infringes, misappropriates, or violates any copyright, trademark, trade secret, privacy, publicity, or other intellectual property or proprietary right of any third party. You acknowledge that content generated by artificial intelligence - whether ours or a third party's - may reproduce or resemble existing copyrighted material, and you are solely responsible for ensuring that any content you submit is lawful and non-infringing. Breathie does not pre-screen, verify, or claim ownership of User Inputs and is under no obligation to do so. You are solely responsible for, and agree to indemnify Breathie against (as set out in Section 12), any claim, demand, liability, or loss arising out of or relating to content you submit.
Copyright Complaints and Takedown: Breathie respects the intellectual property rights of others. If you believe that content created or shared through the Service infringes your copyright or other rights, please contact us at hello@givebreathie.com with enough detail to identify the content and the right concerned. We will review valid notices and may remove or disable access to the content at our discretion, and we reserve the right to suspend or terminate the access of any user who repeatedly or egregiously infringes the rights of others.
8. Audio Access
Access to generated audio expires 30 days after the date of generation for anonymous users. After this period, you will no longer be able to access your meditation through the Service.
Breathie is not responsible for any loss of access after the 30-day window.
For information on how we store and handle your data, please refer to our Privacy Policy.
9. Health and Safety Disclaimer
Breathie is designed for mindfulness, relaxation, and general wellness purposes only. The content generated through the Service:
- Is not a substitute for professional medical, psychological, psychiatric, or therapeutic advice, diagnosis, or treatment.
- Should not be used to address, treat, or manage any medical or mental health condition.
- Is not intended for use in crisis situations or emergencies.
If you are experiencing a mental health emergency, please contact a qualified healthcare provider or call your local emergency services immediately.
10. Disclaimer of Warranties
The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Breathie does not warrant that the Service will be uninterrupted, error-free, or free of harmful components.
11. Limitation of Liability
To the fullest extent permitted by applicable law, Breathie and its owners, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service, including but not limited to loss of data, loss of revenue, or personal injury. Our total liability to you for any claim arising out of these Terms or your use of the Service shall not exceed the amount you paid to us in the 30 days preceding the claim.
12. Indemnification
You agree to indemnify, defend, and hold harmless Breathie and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your User Inputs, or your violation of these Terms.
13. Third-Party Services
Breathie integrates with third-party services, including Stripe for payment processing and analytics and advertising providers. Your use of these third-party services is subject to their respective terms and privacy policies. Breathie is not responsible for the practices or content of any third-party service. How we use analytics and advertising technologies is described in our Privacy Policy.
14. Governing Law and Jurisdiction
These Terms are governed by the laws of Queensland, Australia, without regard to conflict-of-law principles. Subject to Section 15 (Dispute Resolution), you agree to submit to the exclusive jurisdiction of the courts of Queensland for the resolution of any disputes arising under these Terms, except that either party may seek urgent injunctive relief in any court of competent jurisdiction.
15. Dispute Resolution; Binding Arbitration and Class Action Waiver
Please read this section carefully. It affects your legal rights, including your right to bring or participate in a class action.
Informal resolution first: Before commencing any arbitration or court proceeding, you agree to first contact us at hello@givebreathie.com and give us 30 days to resolve the dispute informally and in good faith. Most concerns can be resolved this way.
Agreement to arbitrate: If we cannot resolve a dispute informally, then to the fullest extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not subject to mandatory local consumer-protection rules shall be resolved by final and binding arbitration on an individual basis, rather than in court. For users resident in the United States, the arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, and judgment on the award may be entered in any court of competent jurisdiction.
Class action and jury trial waiver: YOU AND BREATHIE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. You and Breathie also waive any right to a trial by jury.
Exceptions: Nothing in this section requires arbitration of: (a) an individual claim brought in a small-claims court; or (b) a request for urgent injunctive or equitable relief - for example, to address actual or threatened infringement of intellectual property rights - which either party may bring in a court of competent jurisdiction.
Your right to opt out: You may opt out of this "Dispute Resolution" section by emailing hello@givebreathie.com within 30 days of first accepting these Terms, stating your name and that you wish to opt out. If you opt out, the remaining provisions of these Terms, including Section 14, continue to apply.
Mandatory consumer rights preserved: Nothing in this section excludes, restricts, or modifies any consumer guarantee, right, or remedy you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded, waived, or limited. Where applicable law prohibits arbitration or the waiver of class or representative proceedings for your dispute, this section does not apply to that dispute to the extent of the prohibition, and such dispute will be resolved under Section 14.
Severability: If the class action and jury trial waiver above is found unenforceable as to a particular claim or remedy, then that claim or remedy (and only that claim or remedy) shall be severed from arbitration and brought in a court of competent jurisdiction, while the remainder of this section continues to apply.
16. Changes to These Terms
Breathie reserves the right to update or modify these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Your continued use of the Service after changes are posted constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.
17. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
18. Contact
If you have any questions about these Terms, please contact us at: hello@givebreathie.com