BreathPet Terms of Use
Effective date: 8 September 2026
These Terms of Use ("Terms") govern your use of the mobile application BreathPet ("App"), published by the developer of BreathPet ("we", "us"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
Important: BreathPet is not a medical device and provides no veterinary or medical advice, diagnosis, or treatment. It is a personal logbook. If your animal appears to be in distress, contact a veterinarian immediately — do not use the App to decide whether care is needed.
1. Acceptance of Terms
By downloading, installing, or using BreathPet, you confirm that you have read, understood, and agree to these Terms and to the Privacy Policy, including all disclaimers and limitations of liability set out below.
2. Eligibility
- You must be at least 16 years old to use the App.
- You represent that you meet that requirement and have the legal capacity to enter into these Terms.
- You must comply with all laws that apply to you in using the App.
3. Licence
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use one copy of the App on devices you own or control, for your own personal, non-commercial use. All rights not expressly granted are reserved.
4. What the App Is — and What It Is Not
BreathPet lets you count and record a resting or sleeping animal's breathing rate, keep that history, and produce a document to show a veterinarian.
The App is not:
- a medical or veterinary device, service, or professional consultation
- a diagnostic tool — it does not identify, assess, or grade any condition
- a source of treatment, medication, or dosage recommendations
- a monitoring or alerting system — it cannot observe your animal or detect an emergency
- a substitute for veterinary examination, advice, or care
Every number in the App is one you recorded. Any value the App derives, such as an average or a trend, is arithmetic performed on your own entries and carries no clinical meaning.
Always consult a licensed veterinarian for any decision about your animal's health.
5. Your Responsibilities
- All actions, decisions, and data entries in the App are solely your responsibility.
- You are responsible for monitoring your animal's condition and for seeking veterinary care when it is needed.
- You are responsible for the accuracy and completeness of what you enter, and for the thresholds you set. Any threshold should be one your veterinarian has given you; a default value in the App is not veterinary advice.
- You are responsible for keeping your own copies of your records (see section 8).
- You are responsible for the security of your device and for anyone to whom you give access to it.
6. Reminders and Notifications
Reminders are generated locally by your device. We do not guarantee that any reminder will be delivered, or delivered on time. Delivery depends on your operating system, battery and background-activity settings, notification permissions, and the device being switched on and working.
A reminder must not be relied upon as a safety mechanism. You remain responsible for taking measurements and for monitoring your animal.
7. Data and Privacy
Your records are stored on your device. There is no account, no sign-in, and no cloud synchronisation, and we operate no server that receives your records. How the App handles information is described in the Privacy Policy, which forms part of these Terms.
8. Backups, Export, and Loss of Data
- Because your records live on your device, they can be lost if the device is lost, damaged, reset, or if the App is uninstalled.
- Keeping backups is your responsibility. We strongly recommend keeping your own copies.
- Files you export, back up, or share leave our control entirely and are handled by whatever service or person you send them to, under their own terms.
- We are not liable for any loss, corruption, disclosure, or non-recovery of data, including data lost through app removal, device failure, operating-system behaviour, a storage service, or a failed backup or restore.
9. Free and Paid Features
- Core use of the App — counting, recording, editing and deleting your records, your history, reminders, and reading a backup file back into the App — is available without payment.
- Certain features require a paid subscription, currently: the formatted veterinary report, extended statistics over longer and custom periods, and creating backup files.
- Subscriptions are sold and processed exclusively through Google Play or the Apple App Store. We do not receive or store your payment details.
- Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period. Manage or cancel a subscription in your Google Play or Apple App Store account settings — deleting the App does not cancel a subscription.
- Payment is charged to your store account at confirmation of purchase and at each renewal, at the price shown at that time.
- Refunds are governed solely by the policies of the store you purchased from, and are not guaranteed by us. Unused portions of a period are not refunded except where the store or applicable law requires it.
- We may add, change, or discontinue features, subscription plans, and prices at our discretion. A price change never applies to a period you have already paid for; where required, it will take effect only after notice and, where the store requires it, your consent.
- A subscription grants access to features, not to your data: your records remain readable, editable, and deletable in the App whether or not you subscribe, and a backup you made can always be restored, including after a subscription ends.
10. Intellectual Property
- The App, and all software, text, graphics, layouts, logos, and other content in it, are owned by us or our licensors and are protected by copyright and other laws.
- You may not reproduce, distribute, publicly display, modify, translate, or create derivative works from any part of the App without our prior written permission.
- The records you enter remain yours. We claim no ownership of your content, and we do not access it.
11. Prohibited Conduct
You agree not to:
- reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except to the extent that applicable law expressly forbids that restriction
- circumvent, disable, or interfere with any purchase, licensing, or security mechanism
- use the App for any unlawful purpose, or in any way that infringes the rights of others
- introduce viruses or other malicious code, or interfere with the App's normal operation
- rent, lease, sell, sublicense, or otherwise commercially redistribute the App
- present the App, or anything produced by it, as veterinary or medical advice, or use it to provide such advice to others
12. Third-Party Services
The App uses third-party services, including Google Firebase (analytics and crash reporting), Google Play Billing, and the Apple App Store. These are governed by their own terms and privacy policies. We are not responsible for the availability, performance, content, or practices of any third-party service, or for any storage or messaging service you choose to send your own files to.
13. Disclaimer of Warranties
The App is provided "as is" and "as available", without warranty of any kind, express, implied, or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
We do not warrant that the App will be uninterrupted, timely, secure, or error-free, that any count, average, chart, or report will be accurate or complete, or that defects will be corrected.
Some jurisdictions do not allow the exclusion of certain warranties; in those places, the exclusions above apply only to the extent permitted, and your statutory consumer rights are not affected.
14. Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for:
- any indirect, incidental, special, consequential, exemplary, or punitive damages
- any illness, injury, deterioration, suffering, harm, or death of an animal
- any decision taken, delayed, or not taken on the basis of information in or produced by the App
- any error, delay, missed or undelivered notification
- any veterinary or other cost, loss of data, loss of profit, or loss of goodwill
To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the App or these Terms shall not exceed the greater of the amount you actually paid for the App in the twelve (12) months preceding the event giving rise to the claim, or ten (10) euros.
These limitations apply to all claims, whether in contract, tort, negligence, strict liability, or otherwise, and even if we have been advised of the possibility of such damages. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.
You acknowledge that you use the App entirely at your own risk.
15. Indemnity
To the extent permitted by law, you agree to indemnify and hold us harmless from any claim, demand, loss, liability, or expense (including reasonable legal fees) arising out of your use of the App, your breach of these Terms, your violation of any law, or any advice, document, or data you pass on to a third party.
16. Termination
- You may stop using the App at any time by uninstalling it. Remember to cancel any subscription separately through your store account.
- We may suspend or terminate your licence to use the App if you materially breach these Terms.
- Sections 5, 8, 10, 13, 14, 15, and 19 survive termination.
17. Availability and Changes to the App
We may modify, update, suspend, or discontinue the App or any feature of it, in whole or in part, at any time. We are not obliged to provide support, maintenance, updates, or any specific level of availability, and are not liable to you for any change or discontinuation, subject to section 9 for periods already paid for.
18. App Store Terms
- These Terms are between you and us, not with Apple Inc. or Google LLC. The store from which you obtained the App is not responsible for the App or its content.
- The store has no obligation whatsoever to furnish any maintenance or support for the App.
- In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
- You must also comply with the applicable terms of the store you obtained the App from.
19. General
- Changes to these Terms. We may update these Terms at any time. The current version is always the one published at this address, with its effective date at the top. Continued use of the App after a change constitutes acceptance of it; if you do not accept a change, stop using the App.
- Governing law. These Terms are governed by the laws applicable at our place of establishment, without regard to conflict-of-law rules. Where you are a consumer, this does not deprive you of the protection of mandatory provisions of the law of your country of residence, and nothing here limits any right you have to bring proceedings in your local courts.
- Severability. If any provision is held invalid or unenforceable, it shall be limited or removed to the minimum extent necessary, and the remaining provisions remain in full force.
- No waiver. A failure to enforce any provision is not a waiver of it.
- Assignment. You may not assign these Terms without our consent; we may assign them in connection with a transfer of the App.
- Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and us regarding the App.
- Language. The English version of these Terms prevails over any translation.
20. Contact
Questions about these Terms: alexiddev@gmail.com.