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Terms and Conditions

Effective Date: January 1, 2026

Welcome to Aer Breathwork. These Terms and Conditions ("Terms") govern your access to and use of the Aer Breathwork mobile application and related services (collectively, the "Service") operated by Marin Labs LLC ("we," "us," or "our"). By creating an account, downloading the app, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

1. Important Health Disclaimer

THE AER BREATHWORK APP IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

The breathing exercises, CO2 tolerance assessments, and wellness content provided through this Service are for general wellness and informational purposes only. They are not intended to replace professional medical advice, diagnosis, or treatment.

YOU USE THIS APP ENTIRELY AT YOUR OWN RISK.

Before beginning any breathing practice or exercise program, you should consult with a qualified healthcare provider, especially if you have any medical conditions including but not limited to:

  • Cardiovascular or respiratory conditions
  • High or low blood pressure
  • Pregnancy
  • Epilepsy or seizure disorders
  • Anxiety or panic disorders
  • Any other health concerns

STOP IMMEDIATELY if you experience any of the following during or after breathing exercises:

  • Dizziness or lightheadedness
  • Shortness of breath or difficulty breathing
  • Chest pain or discomfort
  • Tingling, numbness, or unusual sensations
  • Nausea or feeling unwell
  • Any symptoms that feel abnormal or concerning

If symptoms persist, seek medical attention. Never practice breathing exercises while driving, operating machinery, in water, or in any situation where losing consciousness could be dangerous.

By using this Service, you acknowledge that you understand these risks and assume full responsibility for your use of the app and any breathing exercises you perform.

2. Eligibility

You must be at least 16 years of age to use this Service. By using the Service, you represent and warrant that you meet this age requirement. If you are under 18, you represent that you have your parent or guardian's permission to use the Service.

3. Account Registration

To access certain features of the Service, you must create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your login credentials confidential
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

You may sign in using email, Google, or Apple authentication. We limit active sessions to three devices per account for security purposes.

4. Subscription and Payments

Free Trial

All premium subscriptions include a 7-day free trial. You will not be charged during the trial period. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription.

Subscription Management

All subscriptions are processed and managed through Apple App Store or Google Play Store, depending on your device. To manage your subscription, cancel, or request a refund, you must use:

  • iOS: Settings > Apple ID > Subscriptions
  • Android: Google Play Store > Subscriptions

We do not have direct access to your payment information, and all billing inquiries must be directed to Apple or Google.

Subscription Terms

  • Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period
  • Your account will be charged for renewal within 24 hours prior to the end of the current period
  • Prices are subject to change with reasonable notice
  • No refunds are provided for partial subscription periods, except as required by Apple or Google policies or applicable law

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Use the Service for any illegal purpose or in violation of any laws
  • Attempt to gain unauthorized access to our systems, servers, or databases
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the app
  • Modify, adapt, or create derivative works based on the Service
  • Remove, alter, or obscure any proprietary notices on the Service
  • Use automated means (bots, scrapers, etc.) to access or interact with the Service
  • Tamper with the app, API, or any data transmitted to or from our servers
  • Circumvent any access controls, usage limits, or security measures
  • Share your account credentials with others or allow others to access your account
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity

6. Account Suspension and Termination

By You

You may delete your account at any time through the app settings. Upon deletion, your account enters a 30-day recovery period, after which your data is permanently deleted as described in our Privacy Policy.

By Us

We reserve the right to suspend or terminate your account immediately and without notice if you:

  • Violate these Terms or our Privacy Policy
  • Tamper with the app, API, or our systems
  • Engage in fraudulent, abusive, or illegal activity
  • Use the Service in a manner that could harm other users or our infrastructure

We may also terminate accounts that have been inactive for an extended period with reasonable notice.

7. Intellectual Property

The Service, including all content, features, functionality, software, designs, text, graphics, logos, and trademarks, is owned by Marin Labs LLC and is protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use in accordance with these Terms. This license does not include the right to:

  • Modify or copy the Service or its content
  • Use the Service for any commercial purpose
  • Transfer or sublicense your rights under these Terms

8. User Data

You retain ownership of any data you provide to the Service, including your breathing session data and preferences. By using the Service, you grant us a limited license to use, process, and store your data solely to provide and improve the Service, as described in our Privacy Policy.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • The Service will be uninterrupted, secure, or error-free
  • The results obtained from the Service will be accurate or reliable
  • Any errors in the Service will be corrected
  • The Service will meet your specific requirements

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARIN LABS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, data, or goodwill
  • Personal injury or property damage
  • Any damages arising from your use of or inability to use the Service
  • Any damages arising from any content or conduct of third parties

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY DOLLARS ($50), WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless Marin Labs LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Any claim that your use of the Service caused damage to a third party

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

13. Dispute Resolution

Informal Resolution

Before filing any formal legal action, you agree to first contact us at hello@aerbreathwork.com and attempt to resolve the dispute informally for at least 30 days.

Small Claims Court

Either party may bring an individual action in small claims court in Sacramento County, California, if the claim qualifies.

Waiver of Class Actions

TO THE EXTENT PERMITTED BY LAW, YOU AND MARIN LABS LLC AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14. Changes to These Terms

We may modify these Terms from time to time. When we make material changes, we will notify you by updating the "Effective Date" at the top of these Terms and, where appropriate, providing additional notice through the app or via email.

Your continued use of the Service after any changes indicates your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and delete your account.

15. 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, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Marin Labs LLC regarding the Service and supersede all prior agreements and understandings.

17. Contact Us

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

Marin Labs LLC 2108 N ST STE N Sacramento, CA 95816 United States

Email: hello@aerbreathwork.com