TERMS OF USE

 

The Oxygen Advantage mobile application, along with its services, features, content and functions (together, “Oxygen Advantage”, “we”, “us” or “the App”) is owned and operated by Oxygen Research Institute Limited, a company duly incorporated in and existing under the laws of Ireland with Company Number 565111 and Registered Office at Loughwell, Moycullen, Co Galway, Ireland.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE APP. BY USING, ACCESSING, UPLOADING OR DOWNLOADING ANY INFORMATION TO OR FROM THE APP, YOU CONFIRM THAT YOU ARE OF AT LEAST 18 YEARS OF AGE (OR THE LEGAL AGE OF MAJORITY AS PER YOUR LOCAL OR NATIONAL LAWS) AND AGREE TO BE BOUND BY OUR TERMS OF USE SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU ARE ADVISED NOT TO CONTINUE USING THE APP ANY LONGER.

  1. DETAILS OF SERVICES OFFERED

The Oxygen Advantage App is a mobile application that provides a library of breathing exercises that are fully customisable according to the users’ specific needs. The App comes with daily breathing plans based on a proprietary metric called “BOLT” (Body Oxygen Level Test) that is a subjective measure of breathlessness and represents the duration of breath hold after exhalation. The App has in-built feature of progress tracking and offers weekly and monthly statistics to the users to monitor their mental and physical health, in addition to offering incentives like winning points, medals and other accomplishments. Users also have the option of accessing additional resources, breathwork courses and associated products at the Oxygen Advantage website at https://oxygenadvantage.com/ which is linked on the App. As of now, all our services are freely available and there is no payment involved at any change.

  1. REGISTRATION OF USER ACCOUNT

Availability of all features and services offered through the Oxygen Advantage App is conditional on the creation of a registered user account with us. In order to successfully use the App, you must be at least 18 years of age and must complete the registration process by submitting your first name, last name and email address. It is also possible to create an account on the Oxygen Advantage App through your pre-existing Google / Apple / Facebook / any other social media account (collectively, “third-party account registration”). In case you are accessing the Oxygen Advantage App through such third-party account registration option, you represent and warrant that you are entitled to disclose such third-party account login information to us and/or grant us access to such account, without breach by you of any of the terms and conditions that govern your use of such account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by any third-party service provider. If you are under 18 years of age, you may use the App only with the permission of your parent or guardian. Post registration, it is possible to change the name, email and password associated with your account (only change of name in permitted in case of third-party account registration). You will be responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your Account. You agree to notify us immediately of any unauthorised use, or suspected unauthorised use of your account or any other breach of security. Oxygen Advantage cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

  1. USER-GENERATED CONTENT

Users are welcome to submit honest feedback, ratings, reviews and comments about the App on the App Distributor pages (Google Play Store/ Apple App Store). Certain features of our Services may also allow users to post, link, share, publish and otherwise make available certain text and/or graphic content in the form of posts and questions (together “User Content”) in or through the App. The users will be encouraged to build a “Community” through such activities and will be able to interact with other users and instructors by liking and commenting on profiles and activities. The user will be solely responsible for such User Content and will ensure that it does not offend any third-party rights, including but not limited to any applicable intellectual property rights, privacy rights, publicity rights, contractual rights and does not in any way be considered against applicable laws. Oxygen Advantage does not and cannot review all User Content generated by users, and shall not be held responsible for the same under any circumstances whatsoever. We reserve the right, but are not obligated to, delete, modify, edit or update any User Content that we, in our sole discretion, deem to be in violation of these Terms of Use or deem to be otherwise unacceptable. Notwithstanding the above, by accepting these Terms of Use you grant us the right and license to use, modify, display and distribute such User Content by and through the Services and make it available to other users, who may also use such User Content subject to these Terms of Use. 

  1. MOBILE APPLICATION LICENSE

Subject to your compliance with these Terms of Use, Oxygen Advantage grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Oxygen Advantage reserves all rights in and to the App not expressly granted to you under these Terms of Use. If you have accessed or downloaded the App from the Apple Store or from Google Play (each, an “App Distributor”), then you agree to use the App only on a device that utilizes the Apple iOS or Android operating systems, as applicable, in accordance with the usage rules set forth in the App Distributor’s terms of service. You further acknowledge and agree that these Terms of Use are concluded exclusively between you and Oxygen Advantage, and not with the App Distributor, and that Oxygen Advantage is solely responsible for providing any maintenance and support services with respect to the App in accordance with these Terms of Use or as otherwise required under applicable law, and that neither App Distributor has any obligation whatsoever to furnish any maintenance and support services with respect to the App.

  1. PROHIBITED ACTIVITIES

You may not access or use the App for any purpose other than that for which we make the App available. In order to maximise your user experience in using the Oxygen Advantage App, and avoid, eliminate or minimise disruptive activities, we kindly ask you to maintain the following:

  • do not use the App in any way or take any action that may undermine, disrupt, damage or manipulate its working functionality, performance, availability or accessibility;
  • do not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the App, or any updates or any part thereof;
  • do not use the App in any manner that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • do not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity for any purpose;
  • do not publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;
  • do not violate, plagiarise, or infringe on the rights of third parties, including without limitation copyright, trademark, trade secret, privacy, publicity or other proprietary rights;
  • do not use any data collected from the App for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing). 
  1. SUSPENSION OF SERVICE

Oxygen Advantage reserves the right to fully or partially suspend, discontinue, or cease providing, at any time and from time to time, temporarily or permanently, any of the Services with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so. All provisions of these Terms of Use which by their nature should survive such suspension or termination shall survive, including, without limitation, intellectual property ownership, warranty disclaimers, indemnity and limitations of liability.

  1. THIRD PARTY LINKS AND ADVERTISEMENTS

Oxygen Advantage may occasionally provide external links and advertisements submitted by or directed towards third party websites and services. Unless expressly stated otherwise, such advertisements do not signify that Oxygen Advantage endorses and/or is associated with such third-party websites and services in any manner including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. We accept no responsibility for third party advertisements contained within Oxygen Advantage. If you agree to purchase goods and/or services from any third party who advertises in this App, you do so at your own risk and these Terms of Use remains no longer applicable. 

  1. DISCLAIMER OF WARRANTIES

By using the Oxygen Advantage App, you hereby acknowledge and agree that such usage is at your sole risk and responsibility. To the maximum extent permitted by applicable law, Oxygen Advantage is provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, including, but not limited to, all warranties of quality, accuracy, completeness, reliability, conditions of merchantability, fitness for a particular purpose, title or non-infringement. We do not warrant that the products and services offered through Oxygen Advantage will meet your specific requirements, that the App will be uninterrupted or error-free or free from viruses or similar harmful matter or that any defects in App will be immediately corrected. No oral or written communication offered by Oxygen Advantage will create any warranty for this purpose.

  1. NO MEDICAL ADVICE

All content on the Oxygen Advantage App including but not limited to the text, graphics, images, information, notifications, and other features are maintained and updated exclusively for general reference purpose. Under no circumstances they are intended or should be interpreted as to be intended to constitute or substitute any medical advice, diagnosis, or recommended treatments. We strongly encourage you to seek professional medical advice to diagnose, treat or cure any health conditions that you may have. Oxygen Advantage does not guarantee the accuracy or completeness of any of the content given on the App and accepts no liability for any loss or damage of any kind incurred as a result of the use (or inability to use) of the App or reliance on any content provided on it. Your use of the App and your reliance on any content herein is solely and completely at your own risk.

  1. LIMITATION OF LIABILITY

Under no circumstances will Oxygen Advantage any of its directors, shareholders, employees and agents be liable for any incidental, consequential, or indirect damages including, but not limited to, business interruption, damages for loss of profit, loss of data, loss of goodwill and the like arising out of the use or inability of use of the service/ information provided on or downloaded from the App, or any delay in the processing of such information or services. For removal of doubt, this includes situations where there is any failure or delay in performance of any of the obligations under these Terms of Use that is caused by events outside our reasonable control (force majeure events). Notwithstanding the above, nothing under these Terms of Use will limit or exclude any liabilities that may not be excluded under applicable law.

  1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Oxygen Advantage, its officers, directors, employees, agents, consultants, representatives and agents from and against all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with (a) your use of or inability to use Oxygen Advantage (b) your violation of any provision of these Terms of Use or your violation of any rights of a third party, or (c) your violation of any applicable laws, rules or regulations. Oxygen Advantage reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will offer complete cooperation with Oxygen Advantage in asserting any available defenses.

  1. INTELLECTUAL PROPERTY

All information and content displayed in the App including text, graphics, designs, photographs, videos, typefaces, look and feel, format, and the like is owned and/or licensed by Oxygen Advantage unless expressly specified otherwise, and are protected by international laws on patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names and other applicable rights. By agreeing to these Terms of Use you understand and agree to not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, any material on or from Oxygen Advantage, including text, graphics, logos and designs for any purpose whatsoever or allow any third party to do so. Please notify us immediately if you believe any content found on or linked to by this App violates your intellectual property rights. Upon presentation of suitable proof, Oxygen Advantage will act as required or appropriate under applicable law, including deleting any such content or link to the infringing material.

  1. ELECTRONIC COMMUNICATIONS

The communications between you and Oxygen Advantage use electronic means. For contractual purposes, you (a) consent to receive communications from Oxygen Advantage in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Oxygen Advantage provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. With your informed consent (opt-in), such electronic communication may also include periodic emails and/or other messages for our internal marketing and promotional purposes. We take all reasonable measures to ensure that our marketing communications are compliant with the applicable laws.

  1. GENERAL INFORMATION

These Terms of Use shall be governed by and construed in accordance with the laws of Ireland without regard to principles of conflict of laws, and all disputes as to the validity, execution, performance, interpretation or termination of these Terms will be submitted to the exclusive jurisdiction of the competent Irish courts. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, such invalidity will not affect the enforceability of any other part or provision of these Terms.

Oxygen Advantage reserves the right, at their sole discretion, to modify these Terms of Use at any time, and such modifications shall be effective immediately upon posting of the same on the App. You agree to review this document periodically to be aware of such modifications and your continued access or use of the Oxygen Advantage App shall be deemed as a conclusive acceptance of such modified Terms of Use.

If you have any further questions, comments or requests regarding these Terms of Use, please contact us at [email protected].

These Terms of Use were last updated in September 2022.

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