The General Conditions govern:
in a legally binding manner. Capitalized words are defined in the relevant sections of this document.
The User must read this document carefully.
The following entity provides Breathewell:
Breathewell - 213 Rue Ernest, Dollard-des-Ormeaux, QC
Unless otherwise specified, the terms of use detailed in this section generally apply while using Breathewell.
Unique or additional conditions of use may apply to particular contexts and are then indicated additionally within this document.
By using Breathewell, Users agree to comply with the following conditions:
Unless otherwise indicated or clearly identifiable, all content accessible on Breathewell belongs to or is presented by the Owner or its licensors.
The Owner strives to ensure that the content presented on Breathewell does not violate any applicable legal provisions or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to the legal prerogatives of Users to enforce their rights, Users are preferably requested to report any complaints using the contact details provided in this document.
Through Breathewell Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and will therefore not be responsible for their content and availability.
The terms applicable to resources provided by third parties, including those applicable to the possible granting of rights in the content, arise from the General Conditions of any third parties or, in their absence, from the applicable statutory law.
Breathewell and the Service may only be used for the purpose for which they were provided, under these Terms and Conditions and Applicable Law.
Users shall be solely responsible for ensuring that their use of Breathewell and/or the Service does not violate any applicable laws, regulations or third party rights.
The Owner's failure to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver of this or any other term.
In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service to carry out maintenance, system updates or any other changes, informing Users properly.
Within the limits of the law, the Owner may also decide to suspend or terminate the Service as a whole. If the Service is terminated, the Owner will cooperate with Users to allow them to remove personal data or information and will respect Users' rights to continued use of the product and/or compensation, as provided by applicable law.
Additionally, the Service may not be accessible due to reasons beyond the reasonable control of the Owner, such as cases of “force majeure” (infrastructure failures or power outages etc.).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Breathewell and these Services without express prior permission, granted either directly or through a legitimate reseller program.
Without prejudice to any specific provision of these Terms and Conditions, all copyrights, such as trademarks, patents and design rights associated with Breathewell are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks – nominal or figurative – and all other marks, trade names, word marks, illustrations, images, or logos appearing in connection with Breathewell are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
The Owner reserves the right to modify or otherwise rectify these Terms and Conditions at any time. In such cases, the Owner will properly inform the User of such changes.
These changes will only have an impact on the relationship with the User from the date communicated to the User.
Continued use of the Service will signify the User's acceptance of the revised Terms and Conditions. If the User does not wish to be bound by such changes, he/she must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User may obtain any previous version from the Owner.
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking into account the User's legitimate interests.
The provisions regarding changes to these Terms will be applied accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
Any communication related to the use of Breathewell should be sent using the contact details listed in this document.
In the event that any provision of these Terms and Conditions is deemed invalid or unenforceable under Applicable Law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
The property which enables the provision of the Service.
Any legally binding relationship or contractual relationship between the Owner and the User, governed by these Terms and Conditions.
Indicates the person(s) or legal entity(ies) that provides Breathewell and/or the Service to Users.
The service provided by Breathewell as described in these Terms and Conditions and on Breathewell.
All provisions applicable to the use of Breathewell and/or the Service as described in this document, including any other documents or agreements, and as updated from time to time.
Indicates the natural person or legal entity using Breathewell.