Exhale AI Terms of Service

Welcome to Exhale AI. By accessing and using the Exhale AI application (the Service), operated by Exhale AI, owned and operated by Maxwell Strome (the Owner), 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.

1. Use of the Service

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.

Important Disclaimer: Exhale AI is not a medical or therapeutic service. The Service is intended for general wellness purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. If you are experiencing a medical emergency, mental health crisis, or other health issues, please contact a qualified healthcare provider or emergency services immediately.

2. 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.

3. 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.

4. Medical Disclaimer and Limitation of Liability

Not Medical Advice: Exhale AI is designed to provide general wellness support through guided meditation, journaling, and related features. It is not a medical app or a substitute for medical advice, diagnosis, or treatment. The content and tools provided through the Service are not intended to diagnose, cure, mitigate, treat, or prevent any medical condition or disease. Always seek advice from a licensed healthcare professional regarding any medical condition or mental health concerns.

Assumption of Risk: By using Exhale AI, you acknowledge that you are responsible for your own health and well-being. You agree that the Company is not liable for any physical, mental, emotional, or other harm, injury, or adverse effects that may occur through the use of the Service, including but not limited to your reliance on any information, exercises, or content provided by the Service.

5. Limitation of Liability

To the fullest extent permitted by law, Exhale AI, Inc. and its affiliates, officers, directors, employees, agents, and third-party service providers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, arising from or related to:

• Your use of, or inability to use, the Service.
• Any unauthorized access to or alteration of your data.
• Any statement or conduct of any third party using the Service.

6. Indemnity

You agree to indemnify and hold harmless Exhale AI, Inc. and its affiliates, officers, directors, employees, agents, and third-party service providers from any losses, liabilities, damages, claims, and expenses (including legal fees) arising out of or related to your use of the Service or any violation of these Terms of Service.

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. 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.

10. 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.