Terms of Service

Effective Date: January 2025

1. Acceptance of Terms

By downloading, installing, or using Dayflux ("the App"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the App.

2. Description of Service

Dayflux is a breathwork application that provides guided breathing exercises for wellbeing and performance. The App provides:

• Guided breathing sessions for sleep, recovery, and focus
• Customizable session durations and breathing patterns
• Progress tracking and consistency monitoring
• Visual and audio guidance for breathing techniques
• Optional data synchronization

3. User Responsibilities

You agree to:

• Use the App for personal, non-commercial purposes only
• Follow breathing instructions safely and within your comfort zone
• Not use the App while driving or operating machinery
• Discontinue use if you experience any discomfort or adverse effects
• Not attempt to reverse engineer or modify the App
• Take responsibility for maintaining your device security

4. Privacy and Data

Your privacy is important to us. Key points:

• All session data is stored locally on your device
• We do not collect, store, or have access to your personal breathing data
• HealthKit integration available but we do not store HealthKit data
• All HealthKit data remains securely in Apple's Health app
• For complete details, see our Privacy Policy

5. Health and Safety Disclaimer

The App is designed as a wellness and performance tool. It is not intended to:

• Diagnose, treat, cure, or prevent any medical condition
• Replace professional medical care or therapy
• Provide medical or psychological advice
• Be used during pregnancy without medical consultation

Safety Precautions

• Stop immediately if you feel dizzy, lightheaded, or uncomfortable
• Never use the app while driving, swimming, or in unsafe environments
• Start with shorter sessions and gradually increase duration
• Breathe naturally and comfortably - never force your breathing

6. Australian Consumer Law

As an Australian business, we acknowledge that:

• Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law (ACL)
• Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law
• You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage
• You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure

7. Intellectual Property

All content, features, and functionality of Dayflux are owned by us and are protected by international copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or distribute the App
• Use our trademarks without permission
• Remove any copyright or proprietary notices
• Record or distribute our guided audio content

8. App Store Terms

Your use of Dayflux is also subject to:

• Apple's App Store Terms of Service
• Apple's End User License Agreement (EULA)
• Any other terms imposed by Apple Inc.

9. Disclaimers and Limitations

No Warranties

Dayflux is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose
• Accuracy, reliability, or completeness of the App
• Uninterrupted or error-free operation
• Specific health or wellness results from use of the App

Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from:

• Your use or inability to use the App
• Any errors or omissions in the App
• Loss of data or device issues
• Any health effects from breathing exercises
• Reliance on information provided by the App

10. Indemnification

You agree to indemnify and hold harmless Dayflux, its developers, and affiliates from any claims, damages, or expenses arising from your use of the App or violation of these Terms.

11. Updates and Changes

App Updates

We may update the App periodically to:

• Add new breathing techniques or sessions
• Improve functionality and user experience
• Fix bugs or security issues
• Comply with changes in applicable laws

Terms Updates

We reserve the right to modify these Terms at any time. If we make material changes:

• We'll update the "Effective Date" at the top
• We'll notify you through the App if changes are significant
• Continued use after changes constitutes acceptance

12. Termination

You may stop using Dayflux at any time by deleting the App from your device. We reserve the right to:

• Discontinue the App with reasonable notice
• Modify or discontinue features
• Terminate access for violations of these Terms

13. Children's Use

Dayflux is not intended for children under 13 years of age. We do not knowingly collect information from children under 13. Children should only use breathing exercises under adult supervision.

14. Export Control

You may not use or export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia and the State of New South Wales, without regard to conflict of law principles. Any disputes shall be resolved in the courts of New South Wales, Australia.

16. Business Information

Dayflux is operated by an Australian sole trader based in New South Wales. For business inquiries or legal matters, please contact us at the email address provided below.

17. Severability

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

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Dayflux regarding the use of the App and supersede all prior agreements and understandings.

19. Contact Information

If you have any questions about these Terms of Service, please contact us at:

• Email: dev.blsmdrive@gmail.com
• Support Page: Support Center