Effective Date: October 16, 2024
Welcome to Cumulus (the "App") and https://cumulusbreathing.com/ (the "Website"), both developed by James Stewart ("Developer," "I," "me," or "my"). These Terms of Service (the "Terms") govern your use of both the App and the Website. By using the App or Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App or Website.
1. Acceptance of Terms
By accessing or using the App or Website, you agree that you have read, understood, and accepted these Terms, including any future modifications. You are responsible for reviewing these Terms periodically for any changes.
2. App Use and License
I grant you a limited, non-exclusive, non-transferable, and revocable license to use the App for personal, non-commercial purposes, subject to these Terms. You agree not to:
- Modify, adapt, or reverse-engineer the App.
- Use the App for any unlawful purpose or in violation of any applicable law.
- Distribute or share the App or its content without my written consent.
3. Website Use
The Website is provided for informational and marketing purposes only. By accessing and using the Website, you agree to:
- Use the Website in accordance with all applicable laws and regulations.
- Not copy, distribute, or republish any part of the Website's content without my express written permission.
4. Health Disclaimer
The Cumulus app provides guided breathing exercises intended for relaxation, mindfulness, and stress relief. These exercises are not a substitute for professional medical advice, diagnosis, or treatment.
By using the app, you acknowledge and agree that:
- You are solely responsible for your health and well-being while using the app.
- The app is not designed or intended to treat any medical conditions or provide medical advice.
- If you have a pre-existing medical condition (including but not limited to cardiovascular, respiratory, or mental health conditions such as panic disorders), you should consult with a qualified healthcare provider before using the app.
- Breathing exercises should never be practiced near water, while driving, or in any other potentially hazardous environment where losing consciousness could pose a danger.
- If you experience dizziness, chest pain, shortness of breath, or any other physical discomfort while using the app, stop immediately and seek medical attention.
You acknowledge that any health-related information provided through the app is for informational purposes only and is not intended to replace professional medical advice.
5. Intellectual Property
All content, features, and functionality of the App and Website, including but not limited to logos, images, text, and code, are owned by James Stewart or licensed to me, and are protected by copyright and intellectual property laws. You agree not to use, reproduce, or distribute any content without prior written permission.
6. Limitation of Liability
To the fullest extent permitted by law, I, James Stewart, will not be liable for any damages or losses arising out of or related to your use of the App or Website. This includes, but is not limited to:
- Direct, indirect, incidental, or consequential damages from using or being unable to use the App or Website.
- Any errors or omissions in the content provided on the Website.
- Any temporary or permanent unavailability of the Website or App.
You use the App and Website at your own risk.
7. External Links
The Website may contain links to third-party websites or services. These links are provided for convenience only, and I do not endorse or assume responsibility for any content, privacy policies, or practices of third-party websites. You agree that I will not be liable for any issues arising from your use of third-party websites.
8. Modifications to the Terms
I reserve the right to update or modify these Terms at any time. If material changes are made, I will notify you through the App or Website. Continued use of the App or Website after any modifications constitutes your acceptance of the updated Terms.
9. Governing Law
These Terms will be governed by and construed in accordance with the laws of Oregon, USA, without regard to its conflict of law principles. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts in Oregon, USA.
10. Contact Information
If you have any questions or concerns about these Terms, please contact me at:
- Email: hello@cumulusbreathing.com
11. Entire Agreement
These Terms, along with the Privacy Policy, constitute the entire agreement between you and me regarding the use of the App and Website and supersede any prior agreements or communications.