Terms and Conditions

1. Agreement to Terms

By accessing, downloading, installing, or using Vayu™'s website, mobile application, or any related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"). These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Vayu™ ("Company," "we," "us," or "our").

If you disagree with any part of these Terms, you must not access or use the Service. Your continued use of the Service following any changes to these Terms constitutes acceptance of those changes.

These Terms apply to all users of the Service, including without limitation users who are browsers, customers, merchants, contributors of content, or any other type of user.

2. Eligibility and Age Requirements

2.1 Minimum Age

The Service is intended for users who are at least 13 years of age. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you may only use the Service with the involvement and consent of a parent or guardian.

2.2 Parental Consent

If you are a parent or guardian and you provide consent for your child to use the Service, you agree to be bound by these Terms on behalf of your child and you are fully responsible for your child's use of the Service.

2.3 Legal Capacity

By using the Service, you represent and warrant that you have the legal capacity to enter into this agreement and that you are not prohibited from using the Service under applicable law.

3. Apple Watch and Device Requirements

3.1 Hardware Requirements

The Service requires an Apple Watch to access its full functionality. By using the Service, you acknowledge and agree that:

• An Apple Watch is required for heart rate monitoring, breathing pattern detection, and other biometric features
• Certain features may be limited, degraded, or completely unavailable without a compatible Apple Watch
• The Service is optimized for use with Apple Watch Series 4 and newer models
• Older Apple Watch models may experience reduced functionality or performance issues
• An iPhone running iOS 14.0 or later is required to support Apple Watch integration

3.2 Device Compatibility

We do not guarantee compatibility with all Apple Watch models or iOS versions. System requirements may change with Service updates, and you are responsible for ensuring your devices meet current requirements.

3.3 Third-Party Device Limitations

We are not responsible for any limitations, malfunctions, or incompatibilities of third-party devices, including Apple products, that may affect your use of the Service.

4. User Accounts and Registration

4.1 Account Creation

When you create an account with us, you must provide information that is accurate, complete, current, and not misleading. You must promptly update your account information when it changes. Failure to maintain accurate account information constitutes a breach of these Terms and may result in immediate suspension or termination of your account.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality and security of your account credentials
• All activities that occur under your account, whether authorized by you or not
• Immediately notifying us of any unauthorized access to or use of your account
• Taking reasonable steps to secure your account against unauthorized access

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will cease immediately, and we may delete your account and all associated data.

4.4 One Account Per User

You may only create and maintain one account. Creating multiple accounts or allowing others to use your account is prohibited and may result in termination of all associated accounts.

5. Acceptable Use and Prohibited Conduct

5.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service in a manner that does not interfere with other users' enjoyment of the Service.

5.2 Prohibited Activities

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
• Transmit any harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
• Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
• Use automated systems, bots, or scripts to access or interact with the Service
• Reverse engineer, decompile, or attempt to extract source code from the Service
• Remove, alter, or obscure any proprietary notices or labels on the Service
• Collect or harvest any personally identifiable information from the Service
• Interfere with or disrupt the Service or servers or networks connected to the Service

5.3 Content Standards

Any content you submit, post, or transmit through the Service must comply with our community standards and must not contain illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, or discriminatory content.

6. Intellectual Property Rights

6.1 Service Ownership

The Service and its original content, features, functionality, software, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and all intellectual property rights therein are and will remain the exclusive property of Vayu™ and its licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and foreign countries.

6.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use only.

6.3 Trademark Rights

The Vayu™ name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Vayu™ or its affiliates. You must not use such marks without our prior written permission.

6.4 User Content License

By submitting, posting, or transmitting any content through the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the Service and our business operations.

6.5 DMCA Compliance

We respect the intellectual property rights of others and expect users to do the same. If you believe that content on the Service infringes your copyright, please contact us with the required DMCA notice information.

7. Health and Medical Disclaimers

7.1 Not Medical Advice

THE SERVICE IS NOT MEDICAL ADVICE. The Service provides breathing exercises, wellness guidance, mindfulness practices, and related health and wellness information for general informational and educational purposes only. The Service and its content are NOT intended to be, and do not constitute, a substitute for professional medical advice, diagnosis, treatment, or therapy.

The Service is a wellness and fitness application, not a medical device or medical application. Nothing in the Service should be construed as medical advice, diagnosis, or treatment. You should never disregard professional medical advice or delay in seeking it because of something you have read, seen, or experienced in the Service.

7.2 Release and Waiver of Liability

BY USING THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• You understand that the Service is not a medical device and does not provide medical diagnosis, treatment, or therapy
• You voluntarily assume all risks associated with your use of the Service, including but not limited to any physical, mental, or emotional injury or harm that may result from breathing exercises, wellness practices, or reliance on information provided through the Service
• You release, waive, discharge, and covenant not to sue Vayu™, its officers, directors, employees, agents, contractors, partners, affiliates, licensors, and suppliers (collectively, the "Released Parties") from any and all liability, claims, demands, actions, causes of action, costs, expenses, damages, and losses of any kind or nature, whether known or unknown, suspected or unsuspected, arising out of or in any way connected with your use of the Service
• This release and waiver includes, without limitation, claims for personal injury, property damage, wrongful death, emotional distress, or any other loss or damage, whether based on contract, tort, strict liability, or any other legal theory
• You understand that this is a complete release and waiver of liability that applies even if the Released Parties are negligent or otherwise at fault

7.3 Consult Healthcare Providers

You should always consult with qualified healthcare professionals before:

• Starting any new exercise, breathing, or wellness program
• Making changes to your existing health regimen
• Using the Service if you have any pre-existing medical conditions
• Relying on any health-related information provided through the Service
• If you experience any adverse effects or discomfort while using the Service

7.4 Medical Conditions

If you have any of the following conditions, you MUST consult with your healthcare provider before using the Service:

• Cardiovascular disease or heart conditions
• Respiratory conditions such as asthma, COPD, or other lung diseases
• Anxiety, panic disorders, or other mental health conditions
• Pregnancy or nursing
• High or low blood pressure
• Epilepsy or seizure disorders
• Any chronic medical condition
• Any condition that may be affected by changes in breathing patterns or heart rate

If you are unsure whether you should use the Service, consult with your healthcare provider.

7.5 Emergency Situations

The Service is not designed to detect, prevent, or respond to medical emergencies. If you experience a medical emergency, contact emergency services (e.g., call 911) immediately. Do not rely on the Service for emergency medical assistance. The Service does not monitor for medical emergencies and will not alert emergency services.

If you experience any of the following symptoms while using the Service, stop immediately and seek medical attention:

• Chest pain or discomfort
• Severe shortness of breath
• Dizziness, lightheadedness, or fainting
• Irregular heartbeat or palpitations
• Severe anxiety or panic
• Any other concerning symptoms

7.6 Individual Results May Vary

Results from using the Service may vary significantly between individuals and are not guaranteed. Your results may depend on various factors including your health status, consistency of practice, individual physiology, and other factors beyond our control. We make no representations or warranties regarding the results you may achieve from using the Service.

7.7 Limitation of Health Claims

We make no claims about the Service's ability to diagnose, treat, cure, or prevent any disease or medical condition. The Service is intended for wellness and general health purposes only. Any statements made about the potential benefits of breathing exercises or wellness practices are for informational purposes only and are not intended to diagnose, treat, cure, or prevent any disease.

7.8 No Doctor-Patient Relationship

Your use of the Service does not create a doctor-patient, therapist-patient, or any other professional relationship between you and Vayu™ or any of its employees, contractors, or partners. The Service does not provide personalized medical advice tailored to your specific health condition or circumstances.

8. Privacy and Data Protection

8.1 Privacy Policy

Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the practices described in our Privacy Policy.

8.2 Biometric Data Collection

By using the Service with an Apple Watch, you explicitly consent to:

• Collection of heart rate data, movement data, and other biometric information
• Analysis and processing of this data to provide Service functionality
• Storage of biometric data in accordance with our Privacy Policy
• Use of aggregated, anonymized biometric data for Service improvement

8.3 Health Data Permissions

The Service may integrate with Apple HealthKit and other health platforms. You control what health data is shared through your device's privacy settings. We will only access health data that you explicitly authorize.

8.4 Data Security

We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is 100% secure.

8.5 Data Retention

We retain your personal data only as long as necessary to provide the Service and fulfill the purposes outlined in our Privacy Policy, unless a longer retention period is required or permitted by law.

8.6 International Data Transfers

Your personal data may be transferred to and processed in countries other than your country of residence. We ensure appropriate safeguards are in place for such transfers in accordance with applicable data protection laws.

9. Subscription Terms and Billing

9.1 Subscription Plans

Some features of the Service require a paid subscription. Subscription plans, pricing, and features are subject to change. Current subscription options and pricing are available within the Service.

9.2 Free Trial

We may offer free trial periods for certain subscription plans. Free trials are limited to one per user and are subject to the terms and conditions specified at the time of enrollment.

9.3 Billing and Payment

By purchasing a subscription, you agree to:

• Pay all fees and charges according to the billing schedule and terms in effect when fees are incurred
• Provide current, complete, and accurate billing and payment information
• Promptly update your payment information if it changes
• Pay all applicable taxes related to your subscription

9.4 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless:

• You cancel your subscription before the renewal date
• We terminate your subscription
• Payment authorization fails

9.5 Cancellation

You may cancel your subscription at any time through the Service settings or by contacting customer support. Cancellation will take effect at the end of your current billing period. You will continue to have access to subscription features until the end of the paid period.

9.6 Refund Policy

Refunds for subscription fees are generally not provided except:

• As required by applicable law
• At our sole discretion in exceptional circumstances
• For billing errors or unauthorized charges
• As specified in the platform's refund policy (App Store, Google Play, etc.)

9.7 Price Changes

We reserve the right to change subscription prices at any time. Price changes will not affect your current subscription period but will apply to subsequent renewal periods. We will provide reasonable notice of price changes.

9.8 Suspension for Non-Payment

We may suspend or terminate your access to subscription features if payment is declined, reversed, or otherwise fails. Access will be restored upon successful payment resolution.

10. Third-Party Services and Integrations

10.1 Third-Party Platforms

The Service may integrate with third-party platforms and services, including but not limited to:

• Apple HealthKit
• Apple Watch
• Social media platforms
• Payment processors
• Analytics services

10.2 Third-Party Terms

Your use of third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices, policies, or content of third-party services.

10.3 Data Sharing

When you choose to connect third-party services to our Service, you authorize us to access and use information from those services as permitted by your privacy settings and their terms of service.

10.4 Service Interruptions

Third-party service interruptions, changes, or discontinuation may affect the functionality of our Service. We are not liable for any such interruptions or their impact on your use of the Service.

11. Service Availability and Modifications

11.1 Service Availability

We strive to maintain continuous Service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance
• Technical difficulties
• Force majeure events
• Third-party service interruptions

11.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We may also impose limits on certain features or restrict access to parts or all of the Service.

11.3 Updates and Upgrades

We may release updates, upgrades, or new versions of the Service. Your continued use of the Service following such releases constitutes acceptance of any changes.

11.4 Device Compatibility

Service updates may require newer device models or operating system versions. We are not obligated to maintain compatibility with older devices or systems.

12. Limitation of Liability

12.1 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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

12.2 Limitation of Damages

IN NO EVENT SHALL VAYU, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, data, use, goodwill, or other intangible losses
• Personal injury or property damage
• Service interruptions or security breaches
• Errors or omissions in content
• Any damages resulting from your use of or inability to use the Service

12.3 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12.5 Health-Related Disclaimers

WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY FOR HEALTH PROBLEMS, INJURIES, ADVERSE EFFECTS, OR ANY OTHER HARM THAT MAY RESULT FROM YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO:

• Breathing exercises or breathwork practices
• Wellness practices or mindfulness activities
• Reliance on health-related information provided through the Service
• Use of biometric data, heart rate monitoring, or other health metrics
• Any decisions made based on information or guidance provided by the Service
• Failure to seek appropriate medical care
• Any interaction with third-party health services or devices

YOU EXPRESSLY WAIVE ANY CLAIMS AGAINST VAYU AND THE RELEASED PARTIES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING ANY HEALTH-RELATED CLAIMS.

13. Indemnification

You agree to defend, indemnify, and hold harmless Vayu™ and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Any content you submit, post, or transmit through the Service

14. Dispute Resolution and Arbitration

14.1 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify.

14.2 Arbitration Rules

Arbitration will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA). The arbitration will take place in [Your State/Location] unless both parties agree to a different location.

14.3 Class Action Waiver

YOU AND VAYU 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 OR REPRESENTATIVE PROCEEDING.

14.4 Exceptions to Arbitration

The following disputes are not subject to arbitration:

• Disputes relating to intellectual property rights
• Disputes that may be resolved in small claims court
• Requests for injunctive relief

14.5 Governing Law

These Terms and any disputes arising out of or related to these Terms will be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law principles.

15. Termination

15.1 Termination by You

You may terminate your account and cease using the Service at any time by contacting customer support or following the account deletion process within the Service.

15.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms
• Suspected fraudulent activity
• Extended periods of inactivity
• Legal or regulatory requirements

15.3 Effect of Termination

Upon termination:

• Your right to use the Service will cease immediately
• We may delete your account and all associated data
• All licenses granted to you under these Terms will terminate
• Provisions that by their nature should survive termination will remain in effect

15.4 Data Retention After Termination

We may retain certain data after account termination as required by law or for legitimate business purposes, subject to our Privacy Policy.

16. Changes to Terms

16.1 Modification Rights

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. We will make reasonable efforts to notify users of material changes.

16.2 Notice of Changes

For material changes to these Terms, we will provide notice through:

• Email notification to your registered email address
• In-app notifications
• Prominent notices on our website
• Updates to the "Last updated" date at the top of these Terms

16.3 Acceptance of Changes

Your continued use of the Service after any changes to these Terms constitutes acceptance of those changes. If you do not agree to the modified Terms, you must stop using the Service.

16.4 Notice Period

For material changes that may adversely affect your rights, we will provide at least thirty (30) days' notice before the changes take effect, unless immediate implementation is required for legal or security reasons.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features of the Service, constitute the entire agreement between you and Vayu™ regarding the Service.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

17.3 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without your consent to any affiliate, subsidiary, or in connection with any merger, acquisition, or sale of assets.

17.4 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Vayu™.

17.5 Force Majeure

We will not be liable for any failure or delay in performance under these Terms that is due to fire, flood, earthquake, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions, or other acts beyond our reasonable control.

17.6 Headings

The headings and section titles in these Terms are for convenience only and have no legal or contractual effect.

17.7 Survival

Provisions of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property rights, liability limitations, indemnification, and dispute resolution.

17.8 Language

These Terms are written in English. Any translations are provided for convenience only, and the English version will prevail in case of conflict.

18. Contact Information

18.1 Customer Support

For questions about the Service, technical support, or general inquiries, please contact us at:

• Email: support@vayu-prana.com
• Response time: Within 48 hours during business days

18.2 Legal Notices

For legal notices, DMCA complaints, or other legal matters, please contact us at:

• Email: legal@vayu-prana.com

18.3 Business Hours

Our customer support team is available:

• Monday through Friday: 9:00 AM to 6:00 PM [Time Zone]
• Emergency support: Available 24/7 for critical service issues