Exhale AI Terms of Service

Welcome to Exhale AI. These Terms of Service govern your access and use of the Exhale AI application (the "Service"). The Service is provided by Maxwell Strome doing business as Exhale AI ("we," "us," "our,", "Exhale", or "Exhale AI"). By using the Service, you agree to be bound by these Terms of Service. If you do not agree to these terms, please discontinue use of the Service immediately.

Throughout these Terms of Service and our Privacy Policy, any reference to "Exhale AI" means Maxwell Strome doing business as Exhale AI. All rights, obligations, and liabilities attributed to Exhale AI herein are the rights, obligations, and liabilities of Maxwell Strome.

1. Use of the Service

You must be at least 13 years old to use this service. If you are under 18, you must have parent/guardian consent. You agree to use the Service only for purposes permitted by these Terms of Service, any applicable laws, regulations, or generally accepted practices in the relevant jurisdictions. Exhale AI reserves the right to refuse service to anyone for any reason at any time.

2. Medical Disclaimer

IMPORTANT MEDICAL DISCLAIMER:

• Exhale AI is NOT a medical device, healthcare provider, or mental health service
• The app does NOT provide medical advice, diagnosis, or treatment
• The app is for general wellness and meditation purposes ONLY
• Do NOT use this app as a substitute for professional medical care
• We make NO claims about medical benefits or outcomes
• If you experience any adverse effects while using the app, discontinue use immediately and consult a healthcare professional
• If you're experiencing thoughts of self-harm or suicide, immediately contact emergency services or call 988 (US Suicide & Crisis Lifeline)

3. User Content

You retain full ownership of any intellectual property rights that you hold in the content that you create or submit ("User Content"). When you upload or submit content to our Service, you grant Exhale AI permission to store and protect this content on your behalf. We will not use, host, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, or distribute your User Content for any purposes other than providing our services, in accordance with our Privacy Policy.

4. Subscription Services

Some parts of our Service are offered on a subscription basis. If you choose to subscribe, you agree to the following:

• Billing: Subscriptions are billed in advance on a recurring basis according to the plan you select. Your subscription will auto-renew under the same terms unless canceled.
• Cancellation: You can cancel your subscription at any time. No refunds will be provided for the remaining period of your current subscription, but you will retain access to paid services until the end of the subscription period. In-app subscription cancellations must be done through the appropriate application store.
• Payment: Payments are facilitated through third-party processors, such as Stripe or through application stores (Apple and Google). You agree to the terms and conditions of these Payment Processors.
• Modification of Fees: We may modify subscription fees at any time, with changes taking effect at the end of your current subscription period. We will notify you in advance of any changes.
• Refunds: Except where required by law, subscription fees are non-refundable. Refunds are governed by application store policies for in-app purchases.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We provide the service 'AS IS' without any warranties
• We are not liable for any damages (direct, indirect, incidental, consequential) arising from:
  • Use or inability to use our service
  • Any content or advice provided through the service
  • Any physical or mental health issues or complications
  • Technical issues or service interruptions
  • Data loss or security breaches
• Our total liability shall not exceed the amount paid by you for the service in the past 12 months
• You agree to use the service at your own risk

6. Indemnification

You agree to defend, indemnify, and hold harmless Exhale AI and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms
• Your use of the Service
• Any content you submit or share
• Your interaction with other users
• Your violation of any laws or third-party rights

7. Changes to Services and Terms

We are constantly innovating and improving our Service. As a result, we may add, modify, or remove functionalities or features, and we may suspend or stop the Service altogether. We reserve the right to modify these Terms of Service at any time. Your continued use of the Service after such changes will constitute your acceptance of the new terms.

8. Privacy and Personal Information

For information about how Exhale AI collects, uses, and protects your personal information, please review our Privacy Policy. By using the Service, you consent to our collection and use of personal information as outlined in the Privacy Policy.

9. Force Majeure

We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, war, pandemic, technical failures, or government actions.

10. Governing Law and Dispute Resolution

These Terms of Service and your use of the Service are governed by the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising out of or related to the use of the Service shall be resolved through binding arbitration, in accordance with the rules of the American Arbitration Association, with arbitration conducted in New York, NY.

11. User Acknowledgment

BY USING THIS SERVICE, YOU EXPLICITLY ACKNOWLEDGE THAT:

• You are using the app at your own risk
• Results may vary and no outcomes are guaranteed
• You will seek professional help for any medical or mental health concerns
• You are capable of making informed decisions about your mental health
• You will not hold Maxwell Strome, doing business as Exhale AI, responsible for any adverse outcomes

12. Contact Information

If you have any questions or concerns about these Terms of Service, please contact us at support@exhale-ai.com or maxwellstrome@gmail.com.