Terms of Use

1. Agreement

These Terms of Use (the “Terms”) govern your access to and use of the PacedBreath iPhone application (the “app”) and the website at pacedbreath.app (the “site”). The provider of the app and site is Alex Simukovic (“we”, “us”).

By downloading or using the app, or by using the site, you agree to these Terms. If you do not agree, do not use the app or site. If you are under the age of majority where you live, you may use the app only with the involvement of a parent or guardian.

2. General wellness only — not medical care

PacedBreath is general-wellness software for paced breathing practice. It is not a medical device and does not provide medical advice, diagnosis, treatment, therapy, or emergency support. It is not a substitute for care from a qualified medical or mental-health professional.

Follow advice from your clinician. If a clinician has told you to avoid breath holds or fast, deep breathing—or if those practices have previously made you dizzy, faint, panicky, or otherwise unwell—use a gentle pattern without holds. If you are unsure whether a practice is appropriate for you, consult a qualified professional. If you are in crisis or experiencing a medical emergency, contact local emergency services immediately.

3. Safe use

• Stop any exercise immediately if you feel dizzy, faint, short of breath, or otherwise unwell.
• Use the app only in a safe setting where reduced attention creates no risk.
• Never use the app while driving, swimming, bathing, standing in a hazardous place, or operating machinery.
• The app's safety preferences use your self-reported experience and clinician guidance; they are not medical screening and may hide or limit hold-based or activating protocols.
• Breathe gently. None of the exercises require strain, and discomfort is a signal to stop.

See Sources & Safety for the references used to support these guardrails and an explanation of what each source does and does not establish.

4. License

We grant you a personal, non-exclusive, non-transferable, revocable license to use the app on Apple-branded devices that you own or control, as permitted by the Apple Licensed Application End User License Agreement and the App Store Terms of Service. You may not copy, modify, distribute, sell, lease, reverse-engineer, or create derivative works from the app except where applicable law permits despite this restriction.

5. Free tier

PacedBreath 1.1 will introduce a durable free tier, not a trial. It will include Calm Reset, Coherent Breathing, Focus Steady, and Sleep Wind Down for immediate use, plus the Soft voice guide, the visual pacer with haptics and ambient tones, session history, and optional Apple Health writes. Box Breathing will also be free after an explicit breath-hold opt-in in Safety. Until that update is live, PacedBreath 1.0 shows the practices and access terms available in the current app.

6. PacedBreath Complete — one-time purchase

When PacedBreath 1.1 is available, the only paid offer it presents to new customers will be PacedBreath Complete, StoreKit product pb_lifetime, offered at a planned U.S. price of $39.99 as a one-time purchase. Its customer promise is “Everything in the app today, kept forever.” It is a non-consumable purchase, does not renew, and has no subscription or free trial.

• Learn techniques beyond the four everyday foundations.
• Create and save personal breathing rhythms.
• Use every voice guide included in the app at the time of purchase.

Prices are shown in USD; the App Store displays and charges the local price for your storefront and currency. Family Sharing is not currently enabled.

Billing and restoration

• Payment is charged to your Apple Account at confirmation of purchase. It does not renew.
• Purchases can be restored through the app on devices using the same Apple Account.
• Deleting the app does not refund or remove a purchase from your Apple Account.

What the purchase includes

Complete preserves access to the app features included at the time of purchase. It does not promise future features, services, content, or platforms.

Legacy subscription entitlements

Auto-renewing subscriptions from PacedBreath 1.0 may still be presented to new customers. Apple's confirmation sheet shows the exact price, interval, introductory eligibility, and renewal terms before purchase. The app honors an active, unexpired legacy entitlement for its paid access period. Apple administers billing; manage or cancel it in iPhone Settings → your name → Subscriptions.

Refunds

Purchases are processed by Apple, and refunds are handled by Apple under its terms — request one at reportaproblem.apple.com. Statutory consumer rights, including any mandatory withdrawal or refund rights in your country, are not affected by these Terms.

7. Your content and local data

Custom patterns, favorites, reflections, and preferences you create are stored on your device and remain yours. You are responsible for what you enter and for maintaining your own device backups. The Privacy Policy explains the app's local-first data posture and the optional Apple Health integration.

8. Acceptable use

You agree not to misuse the app or site — including attempting to circumvent the paywall, interfering with the operation of the site, scraping it at disruptive volume, or using the app or site in violation of applicable law.

9. Intellectual property

The app, the site, and all content we created for them — including the PacedBreath name, app icon, visual design, protocol descriptions, and guide articles — are owned by Alex Simukovic and protected by copyright and other intellectual-property laws. These Terms grant you no rights other than the license in section 4.

10. Availability and changes

We may change, suspend, or discontinue parts of the app or site, and we may update these Terms by posting a revised version with a new effective date. Material changes will be reflected on this page before they take effect; your continued use after that constitutes acceptance. If you do not accept updated Terms, stop using the app. Existing subscribers should also cancel any active legacy membership.

11. Disclaimer of warranties

The app and site are provided “as is” and “as available”, without warranties of any kind, express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that the app will be uninterrupted or error-free, or that it will produce any particular wellness outcome. Some jurisdictions do not allow certain warranty exclusions, so parts of this section may not apply to you.

12. Limitation of liability

To the maximum extent permitted by law, Alex Simukovic is not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of data, arising from your use of the app or site. To the same extent, our total aggregate liability for claims relating to the app or site is limited to the amount you paid us through the App Store in the twelve months before the claim arose.

Nothing in these Terms excludes or limits liability that cannot be excluded by law — including, for consumers in the United Kingdom and European Union, liability for death or personal injury caused by negligence, or your statutory consumer rights.

13. Apple's role

These Terms are between you and Alex Simukovic, not Apple. Apple has no obligation to provide maintenance or support for the app and is not responsible for addressing claims relating to it, including product liability, regulatory compliance, or intellectual-property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government restricted-parties list.

14. Termination

You can stop using the app at any time by deleting it (existing subscribers must cancel any active legacy membership separately). We may terminate or suspend your access if you materially breach these Terms. Sections that by their nature should survive — including sections 9, 11, 12, and 15 — survive termination.

15. Governing law

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have non-exclusive jurisdiction over disputes arising from them. If you are a consumer, you additionally benefit from any mandatory consumer-protection provisions of the country where you live, and may bring proceedings in its courts.

16. Contact

Questions about these Terms: alexsimukovic@gmail.com. Provider: Alex Simukovic.