Welcome
Account
Limited License
Patient Data
Operators
Subscriptions
Amendments
Deletion and Termination
Intellectual Property
Warranty Disclaimer
Indemnification
Severability
Jurisdiction
Waiver Of Class Action
Dispute Resolution
Third Parties
Customer Support
1.1 The Breathe MSO LLC and its agents (“Breathe”), a California Limited Liability Company, operate a website (“Site”) located at breatheops.com to provide operational tools for medical practices.
1.2 Breathe may be referred to as “we”, “us”, or “our” and you as “you” or “your”;
1.3 This user agreement (“Agreement”) governs your use of the Site. By using this Site, you agree to be bound by this Agreement and represent, warrant, and covenant that you have read and understood all of the writing(s) herein;
1.4 Breathe's collection and usage of personal information in connection with the Site are outlined in our Privacy Policy, which is hereby incorporated by reference; and
1.5 This Agreement contains a WAIVER OF CLASS ACTION (Section 14) and a BINDING ARBITRATION CLAUSE (Section 15).
2.1 You represent, warrant, and covenant that:
2.1.1 You shall only have one (1) account;
2.1.2 You shall not share your account with anyone for any purpose. Further, you shall be solely responsible for all unauthorized access to your account;
2.1.3 Your legal information shall be updated within a reasonable time after changes occur to reflect those changes;
2.1.4 You are at least eighteen (18) years old and maintain the necessary legal rights to enter into this Agreement;
2.1.5 You are a United States citizen or subject to the jurisdiction thereof;
2.1.6 You have not previously violated this Agreement or any applicable laws; and
2.1.7 Your use of this Site shall not be for any illegal or unauthorized purpose.
3.1 Subject to the terms of this Agreement, Breathe grants you a non-transferable, non-exclusive, revocable, limited license to:
3.1.1 Use and access the Site for your own use linked to your medical practice or a medical practice you are employed with.
4.1 With respect to a patient's sensitive medical data (“Patient Data”), you represent, warrant, and covenant that:
4.1.1 You have the necessary rights to enter Patient Data into the Site;
4.1.2 Your use of Patient Data is limited to the purpose and functionality of the Site; and
4.1.3 Any unauthorized use of Patient Data shall be considered a breach of this Agreement.
5.1 Medical professionals may invite employee's of their practice (“Operators”) to have access to one or more departments for the purposes of:
5.1.1 Entering Patient Data; and
5.1.2 Viewing and downloading content on the Site;
6.1 General
6.1.1 Breathe is free to use without any commitment through our Ops Free plan, where you may access free lessons, marketing materials, and additional resources, subject to the limits shown on the Site.
6.1.2 To access additional features, services, and content, you may purchase a paid plan (a “Subscription”): Ops Starter, Ops Core, Ops Growth, or Ops Pro. The features and limits of each plan are described on the Site’s upgrade page. By subscribing, you understand that the features of a Subscription may change from time to time, as the Site is improved and updated.
6.1.3 Breathe does not guarantee that any of the Subscription features will be free from error or technical issues. Some or all features may not be fully functional. Therefore, you agree and understand that the Site and the Subscriptions are provided on an “AS IS” basis.
6.2 Payment
6.2.1 Every Subscription is an annual commitment of twelve (12) consecutive months (the “Commitment Term”), billed monthly. The monthly fees are: Ops Starter, ninety-nine United States dollars ($99); Ops Core, two hundred fifty United States dollars ($250); Ops Growth, five hundred United States dollars ($500); and Ops Pro, nine hundred ninety-five United States dollars ($995), plus any other applicable fees incurred in connection with the account;
6.2.2 By subscribing, you agree to pay the monthly fee for your plan for the full Commitment Term. Your chosen payment method will be charged automatically each month, in advance, until the Commitment Term ends;
6.2.3 If you change plans during a Commitment Term, the new plan’s monthly fee applies from the change forward, and your Commitment Term continues on its original schedule;
6.2.4 You authorize Breathe to request and collect payment as well as make any inquiries to validate designated payment information, ensure timely payment, and to update payment details; and
6.2.5 You represent and warrant that you possess the necessary rights to use the credit card or payment method submitted.
6.3 Renewal
6.3.1 At the end of each Commitment Term, your Subscription renews automatically for a new twelve-month Commitment Term, billed monthly, unless you cancel before it ends; and
6.3.2 Subscribers shall be charged in advance of each monthly billing cycle.
6.4 Subscription Amendments
6.4.1 Breathe reserves the right to amend the price and terms of Subscriptions from time to time. Breathe will give thirty (30) days’ notice before any change applies to your Subscription, so that you may cancel if you choose. Price changes take effect no earlier than your next Commitment Term.
6.5 Cancellation
6.5.1 You may cancel at any time by logging in at breatheops.com and choosing Cancel on your subscription;
6.5.2 Cancellation stops your Subscription from renewing. It takes effect at the end of your current Commitment Term. Monthly billing continues until then, and you keep full access to your plan until then;
6.5.3 Breathe reserves the right to cancel any Subscription where we discover that breach of this Agreement or our Privacy Policy has occurred.
6.6 Refunds
6.6.1 Subscriptions are non-refundable;
6.6.2 Breathe reserves the right to issue refunds in our sole discretion; and
6.6.3 By issuing a refund or credit, Breathe is under no obligation to issue the same in the future.
6.7 Subscription Upgrades
6.7.1 Growth Subscribers may upgrade their Subscription at any time to become Pro Subscribers.
6.7.2 By upgrading, you will not be charged the Pro Subscription fee or receive the benefits of Ops Pro until the next billing cycle.
7.1 Breathe may amend, supplement, or otherwise modify this Agreement from time to time for any reason whatsoever; and
7.2 In the event changes are made to this Agreement, we will make good faith efforts to notify you via email or other method of communication.
8.1 You may delete your account for any reason;
8.2 Account deletion will cause your personal information to be deleted within ninety (90) days; and
8.3 Breathe reserves the right to terminate your account if we find that you have breached this Agreement or our Privacy Policy.
9.1 All content provided on the Site is the property of Breathe, including its copyrights, trademarks, and other marks. No works or marks may be copied, reproduced, distributed, modified, publicly displayed or performed, transmitted, or have derivatives made thereof without express written permission from Breathe.
10.1 Your access to the Site is at your sole risk and is provided by Breathe on an “AS IS” basis;
10.2 To the fullest extent permissible by applicable law, Breathe hereby disclaims and makes no representations, warranties, endorsements, or promises, express or implies, in connection with or otherwise directly related to, without limitation, this Site, including but not limited to warranties of merchantability, fitness for a particular purpose, title, satisfactory quality, and non-infringement;
10.3 We make no commitments about the content provided on the Site, its features, accuracy, reliability, correctness, or accessibility. Moreover, we make no promise that the Site will be free from errors or be secure. As such, the Site may experience interruptions from time to time; and
10.4 Breathe is not responsible for any loss of data, cost, or any other damages incurred as a result of using this Site.
11.1 You agree to indemnify and hold Breathe harmless from any claims, damages, losses, fines, penalties, attorney's fees, liabilities, or other loss (“Claims”) resulting from your use of the Site.
12.1 Any provision or clause of this Agreement that is found to be invalid does not affect other provisions or clauses and to that end the provisions herein are severable.
13.1 Any Claims or other disputes (“Disputes”) that arise out of relation to this Agreement shall be governed by California law.
14.1 You agree and accept to waive all rights to participate or be included in any class action lawsuit or multi-party actions or suits against Breathe. This includes but is not limited to:
14.1.1 Class actions as defined by 28 U.S.C. § 1711; and
14.1.2 Class actions as defined by Rule 23 of the Federal Rules of Civil Procedure (“FRCP”).
15.1 Any claims arising out of or related to this Agreement shall be resolved through alternate dispute resolution (“ADR”). Subsequently, this Agreement shall constitute submission to binding arbitration under the Federal Arbitration Act (9 U.S.C.§ 1, et seq.).
15.2 Disputes shall be resolved in the following ADR stages:
15.2.1 Informal means by contacting Breathe at breathemso@gmail.com. We will make good faith efforts to resolve disputes to the best of our ability;
15.2.2 Mediation, whereby an impartial person (“Mediator”) is appointed to help settle disputes, administered by the American Arbitration Association (“AAA”) under the Commercial Mediation Procedures and under the locale of California. Any party may initiate a request for mediation and shall notify the other party of such request; and
15.2.3 Arbitration, whereby an impartial decision-maker (“Arbitrator”), makes a binding decision, administered by the AAA under the Consumer Arbitration Rules (“Rules”) and under the locale of California.
15.2.3.1 Any party may initiate a demand for arbitration within a reasonable time after a dispute has arisen and shall notify the other party of such a demand;
15.2.3.2 The parties hereby waive their right to present claims in court, right to a jury trial, and any right it may have to join claims;
15.2.3.3 The parties shall be responsible for paying their own attorney's fees, costs, and expenses, regardless or which party prevails, excluding recovery that applies under applicable law or by the discretion of the arbitrator; and
15.2.3.4 Arbitrators shall not have the power to award indirect, punitive, special, or consequential damages against either party.
16.1 The Site may contain links to third-party websites that are not owned or controlled by Breathe. We assume no responsibility for such websites and encourage users to thoroughly read the terms and policies of each.
16.2 Breathe uses Stripe, Inc. (“Stripe”) for payment processing.
16.2.1 Payments shall be collected and processed via Stripe.16.3 From time to time, additional third-parties may be included in this Agreement.
17.1 If you have any questions or concerns about this Agreement, the Privacy Policy, or the Breathe MSO, please contact us at breathemso@gmail.com