Terms of service

Last Modified: November 9, 2025

Your Acceptance

Welcome to the Carepath Technologies Terms of Service. This is an agreement (“Agreement”) between Carepath Technologies the owner and operator of the website https://breathelabs.co and any associated websites (“Website”), the BreatheLabs mobile app and software (“App”), any BreatheLabs products such as the BreatheLabs LungIQ™ and BreatheLabs LungIQ™ Plus, BreatheLabs Gummies, BreatheLabs Gummies Kids (“Products”), components, Carepath Technologies Content (defined below), and any associated services offered such as digital processing services (“Services”)  and you (“you”, “your”, or “User”). Any content owned by Carepath Technologies made available to you hereunder shall be referred to as “Carepath Technologies Content”.


PLEASE BE AWARE THAT THERE ARE CLASS ACTION AND ARBITRATION PROVISIONS CONTAINED IN THIS AGREEMENT.


Throughout this Agreement, the words “Carepath Technologies,” “us,” “we,” and “our,” refer to our company, Carepath Technologies, its subsidiaries, and/or affiliates, as is appropriate in the context of the use of the words.


By clicking “I agree”, subscribing to Services, purchasing a Product, or accessing or using the Website or App you agree to be bound by this Agreement and the Privacy Policy. If you do not agree to the Terms of Service and the Privacy Policy, do not click “I agree”. We may amend our Agreement or the Privacy Policy and may notify you when we do so. If you do not agree with any changes, do not enter the Website, App or use the Product(s) or Services.

 

Use of Website/App and Intellectual Property

Users may access the Website and App as permitted by us. Where required, Users must register before accessing portions of the Website and App. During registration, your information will be collected and disclosed in accordance with our Privacy Policy. You are required to provide truthful, up-to-date, and accurate information when registering for our Website and App and you must be over the age of 13 to register and create an account. If you are between the age of 13 and 18 a legal guardian must agree to this Agreement on your behalf. We reserve the right to verify all User credentials and to reject any users. You are entirely responsible for maintaining the confidentiality of your password, account, and for any and all activities that occur under your account. You agree to notify Carepath Technologies immediately of any unauthorized use of your account or any other breach of security. Carepath Technologies will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. Each User is only entitled to one account and users may not share accounts with any third parties other than with respect to any parental controls, as applicable.


All documents, text, graphics, photos, interactive features, presentations, materials, or such other informational materials in all forms on this Website (“Website Information”) and App (“App Information”) are the property of Carepath Technologies unless otherwise indicated. You may view, print or download one copy of Website Information or App Information (except for third party materials identified as such) solely for your personal, informational, non-commercial use, provided you keep all copyright and other proprietary notices intact. You may not otherwise, in whole or in part, copy, reproduce, modify, republish, upload, post, transmit or distribute in any form, or create any derivative work based on such Website Information or App Information, without Carepath Technologie’s prior written permission. No links to our Website or App may be included in a third party website without our prior written permission.  


All product names, whether or not appearing with the trademark symbol, are trademarks of Carepath Technologies unless otherwise indicated. Except as expressly permitted herein, the use of these trademarks or any Website Information or App Information is expressly prohibited and may be in violation of copyright, trademark and other similar laws. The entire contents of this Website and App are subject to copyright protection. No license or other right under any patent or trademark of Carepath Technologies or any third party or to Website Information or to App Information is granted to you.


Subject to our Privacy Policy, you agree that any material or information you submit through or to the Website or to the App will not be deemed confidential or proprietary and permit us to use, disclose, copy, modify, adapt or otherwise publicly display all or any of such material for any purpose whatsoever without restriction.  You represent and warrant that you will not submit any material to the Website or App unless you have the unrestricted right to submit or authorize Carepath Technologies to use such material and shall indemnify Carepath Technologies and hold it harmless against any claim of infringement arising out of such material.  We reserve the right, in our discretion, to remove or delete any material you submit through or to the Website or App without notice to you.



PROVISION OF THE APP

The App is provided to you for use on compatible devices for download in the respective app stores. We do not charge for the download and use of the App. Any connection costs incurred during use, e.g. charged by your mobile phone provider, are to be borne by you. We grant you a non-exclusive (simple and temporary) and non-transferable right to use the App, including the software and information contained therein, exclusively for private purposes to the extent that such use corresponds to the purpose pursued by Carepath Technologies in making the App available and explained in more detail in these Terms of Service.  In particular, you may not distribute or otherwise transfer the App to third parties for use (including renting, leasing or sublicensing) or use the same to provide services to third parties.


You may choose to set up a profile in the App to personalize your experience, which will require you to set up a password. You must treat this password as confidential and must not disclose it to a third party. If you forget your password then it can be changed at any time through email verification. Any information you provide to us will be treated in accordance with our Privacy Policy. If you do not want to create a profile, you do not have to. However, certain features of the App are only available when you have logged in with your profile details.


We may at any time provide updates of the App that change the functionality of the App. The functional scope and system requirements of the current version of the App are stated in the product and update descriptions for the App in the respective app stores. If your app store does not provide you with appropriate notification functions then please check your app store for updates or newer versions yourself.  You have no entitlement to future or further provision of the App or any updates. We may modify or discontinue the App at any time and you may discontinue use of the App at any time.



Services Ownership
In accordance with this Agreement, we may provide you certain Services after registration along with payment for the Product(s) as applicable. Such Services are sold as a subscription (“Subscription”) and your Subscription does not entitle you to any ownership of the Services you merely receive a non-exclusive, limited, non-assignable, and fully revocable right to access the Services at our discretion and in accordance with our Services usage requirements. Where you download any portion of the Services including any Carepath Technologies Content, we grant you a non-exclusive, limited, non-assignable, and fully revocable license to download and use such copy solely for your own personal use. You acknowledge that the structure, organization, and code of the Services any hosted services, and all related hardware and software components are proprietary to Carepath Technologies and/or Carepath Technologies’ licensors and that Carepath Technologies and/or its licensors retains exclusive ownership of the Services, any information received or derived from the Services, any documentation, information and any and all other intellectual property rights relating to the Services, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by Carepath Technologies.  You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Services, including any modifications, enhancements, Products, derivatives, and other software and materials developed by Carepath Technologies. All rights not expressly granted in this Agreement are reserved for us. You may only access the Services as permitted by us.

No Medical Advice

CAREPATH TECHNOLOGIES DOES NOT AND DOES NOT INTEND TO PROVIDE MEDICAL EVALUATION, DIAGNOSIS, MEDICAL SERVICES, OR MEDICAL OPINIONS OR ACT IN ANY MANNER AS A PHYSICIAN, LICENSED HEALTHCARE PROVIDER, OR MEDICAL CORPORATION, AND HAS NO RESPONSIBILITY OR LIABILITY FOR YOUR USE OF THE WEBSITE, APP, PRODUCTS AND SERVICES. THE WEBSITE, APP, PRODUCTS AND SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. THE WEBSITE, APP, PRODUCT AND SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. ANY CONTENT OR INFORMATION ENCOUNTERED ON THE CAREPATH TECHNOLOGIES WEBSITE, APP, PRODUCT AND SERVICES ARE NOT A SUBSTITUTE FOR IN-PERSON PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY ANY INFORMATION FOUND ON THE WEBSITE, APP, PRODUCT AND SERVICES IS SOLELY AT YOUR OWN RISK. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT PLAN OR PRIOR TO USING ANY DIETARY SUPPLEMENT SUCH AS BREATHELABS GUMMIES AND BREATHELABS GUMMIES KIDS. Never disregard professional medical advice or delay in seeking it because of INFORMATION ENCOUNTERED ON THE WEBSITE, APP, PRODUCT AND SERVICES. If you think you may have a medical emergency, call your doctor or 911 immediately. Do not delay receiving treatment for any health or medical issues due to any information found on our WEBSITE, APP, PRODUCT AND SERVICES. Carepath Technologies shall have no liability, obligation, or responsibility to any person or entity for any loss, damage, or adverse consequences alleged to have happened directly or indirectly as a consequence of any Carepath Technologies Content, other content or information found on the WEBSITE, APP, PRODUCT AND SERVICES. You must consult your physician prior to making any decisions regarding your lifestyle or behavior.



Carepath Technologies Content
ALL CAREPATH TECHNOLOGIES CONTENT FOUND ON THE WEBSITE, APP, PRODUCT AN/OR SERVICES IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NO INFORMATION FOUND ON THE WEBSITE, APP, PRODUCT AND SERVICES SHOULD BE CONSIDERED MEDICAL OR HEALTH ADVICE OF ANY SORT AND IS NOT A SUBSTITUTE FOR THE ADVICE OF YOUR DOCTOR OR HEALTH CARE PROVIDER. CAREPATH TECHNOLOGIES CONTENT DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP AND IS ONLY FOR INFORMATIONAL PURPOSES. Each User agrees that any Carepath Technologies Content must be used in consultation with a licensed medical or health professional. Carepath Technologies does not endorse or warrant any Carepath Technologies Content encountered on the WEBSITE, APP, PRODUCT AND SERVICES including but not limited to any materials, recordings, media, information, or other content. All Carepath Technologies Content is offered “as-is” and without warranty of any kind. Please be aware that Carepath Technologies Content may be inaccurate, untimely, or contain errors. You solely are responsible for your use of any Carepath Technologies Content and you agree to release us from any liability related to your use of any Carepath Technologies Content.

Privacy Policy
We value your privacy and understand your privacy concerns.  Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Website, App and any related Services. Please review our Privacy Policy so that you may understand our privacy practices.  All information we collect is subject to our Privacy Policy, and by using the Website, App and Services you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Carepath Technologies may collect and process information regarding your usage of the Website, App and Services through the submission of your User Content (defined below). You consent to Carepath Technologies’ collection and use of such information, as well as the sharing of such information with third party service providers for purposes of providing, marketing, and improving the Website, App, Product(s) and Services, and any other reason described in the Privacy Policy.

Third Party Tools and Websites
Our Website and App may contain links to third party tools, websites or apps that are not owned, affiliated or operated by Carepath Technologies.  These links are provided for your information only.  We have no control over any third party website or app and do not endorse, sponsor or recommend your use of such website or app.  We are not responsible for the content of third party websites or third party apps and shall not be liable for any damages or injury arising from your use of such websites or apps.  Accordingly, we recommend that you read the applicable third party terms and privacy policies for more information.

User Content

A User’s ability to submit or transmit any information through the Website, App or Services, including but not limited to user information, data, recordings, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Carepath Technologies is not required to host, store, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content at our discretion. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Website, App or Services may be modified, edited, or removed at our discretion.


When submitting any User Content to our Website, App or Services you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations. You represent and warrant that no User Content submitted is considered “protected health information” as defined under the Health Insurance Portability and Accountability Act and its implementing regulations, and such information is not otherwise considered privileged or confidential.


When you submit any User Content to us, you grant Carepath Technologies, its partners, affiliates, Users, representatives and assigns a non-exclusive, unlimited, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for any purpose including for providing you any services associated with the Website, App or Services. Carepath Technologies has no liability to you for any User Content including all data, information, copy, images, URL names, and anything else submitted by you. Specifically, Carepath Technologies shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you. The aforementioned content includes, but is not limited to, any promotional use of such User Content in the form of any customer testimonial or such other promotion or marketing, and you agree that use of your User Content in such a manner does not and will not constitute a breach of any restriction on the usage rights granted to Carepath Technologies.


Monitoring User Content
Carepath Technologies shall have the right, but not the obligation, to monitor all User Content on the Website or App at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Carepath Technologies shall have the right, but not the obligation, to remove or disable access to any User Content at its sole discretion.

Information Generated
Carepath Technologies is not responsible for any information generated via the Website, App or Services. User understands and agrees that all information generated by the Website, App and Services is dependent on the information contained in any User Content submitted by you and you are solely responsible for that information. THE USER AGREES TO HOLD CAREPATH TECHNOLOGIES FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR USE OF THE WEBSITE, APP OR SERVICES OR RESULTS GENERATED. Carepath Technologies WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE, APP, PRODUCT(S) OR SERVICES, ANY INFORMATION GENERATED, AND THE CAREPATH TECHNOLOGIES CONTENT. Carepath Technologies does not warrant any results, guarantee, endorse, or recommend any information generated and your use of such information generated is at your own risk.

Use of the Website and App
When using our Website and App you are responsible for your use of the Website and App. You agree to the following:

  • You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website and App including, but not limited to, viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and App;
  • You may not use automated bots or other software to send more messages or upload files through our Website and App than humanly possible;
  • You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Website, App or Services or any portion of it;
  • You may not access our Website and App in an attempt to build a similar or other competitive product;
  • You may not use the Website and App in an unlawful manner nor to solicit others to perform or participate in any unlawful acts;
  • You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • You may not violate or infringe other people’s intellectual property, privacy, or other contractual rights while using our Website and App;
  • You may not interfere with or disrupt the Website and App;
  • You agree not to use the Website and App in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing; and
  • You agree that you will not hold Carepath Technologies responsible for your use of our Website, App, Product and Services

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Website, App and Services may at our discretion, be terminated or suspended. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Website, App and Services and we may pursue any legal remedy available to us under applicable law. Generally, we will provide an explanation for any suspension or termination of your use of any of our Website, App and Services, but Carepath Technologies reserves the right to suspend or terminate any account at any time at our discretion.

User Account Holds
From time to time, Carepath Technologies may freeze or place a hold (“Hold”) on a User’s account. Some of the reasons that we may place a Hold on User’s account include but are not limited to the following: (1) if we have reason that User’s actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors or due to delayed payment; (3) if your account is not activated or inactive for a reasonable period of time; or (4) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If User has questions about a Hold we may have placed on User’s account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend User’s access to the Website, App and Services while such Hold is in place.

Website/App/Services Availability
Although we strive to make the Website, App and Services generally available, we do not guarantee that the Website, App and Services will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Website, App and Services. You agree and acknowledge that the Website, App and Services may not always be either 100% reliable or available. Only users who are eligible to use our Website, App and Services may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Website, App and Services will work to the functionality desired by you or give you any desired results.

Modification of Website/App/Services
We reserve the right to alter, modify, update, or remove the Website, App and Services or any portions thereof, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Website, App and Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Website, App and Services without notice to you.

Idea Submission
Carepath Technologies or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Carepath Technologies. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Carepath Technologies’ products might seem similar to ideas submitted to Carepath Technologies. Any Submissions, whether solicited or unsolicited, will be treated as follows: (1) Submissions and their contents will automatically become the property of Carepath Technologies , without any compensation to the submitter; (2) Carepath Technologies may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Carepath Technologies to review the Submission; and (4) there is no obligation to keep any Submissions confidential.


Disclaimer
THE WEBSITE, APP AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CAREPATH TECHNOLOGIES, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE WEBSITE, APP AND SERVICES OR ANY ASSOCIATED SERVICES OR PRODUCTS; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE WEBSITE, APP AND SERVICES INCLUDING ANY CONFIDENTIALITY THEREOF; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE WEBSITE, APP AND SERVICES. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. CAREPATH TECHNOLOGIES DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, APP AND SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE, APP AND SERVICES OR THE SERVER THAT MAKES THE WEBSITE, APP AND SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. CAREPATH TECHNOLOGIES DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE, APP AND SERVICES IS ACCURATE, COMPLETE, OR USEFUL. CAREPATH TECHNOLOGIES DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE, APP AND SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND CAREPATH TECHNOLOGIES SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

Limitation of Liability
IN NO EVENT SHALL CAREPATH TECHNOLOGIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CAREPATH TECHNOLOGIES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY CAREPATH TECHNOLOGIES’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR WEBSITE, APP AND SERVICES OR ONE HUNDRED UNITED STATES’ DOLLARS, WHICHEVER IS LESSER.


    Release
    IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED. YOU RELEASE US FROM ANY LIABILITY (INCLUDING liability, claims, demands, actions, and causes of action whatsoever, arising out of or related to any loss, damage, or injury, including death), RELATING TO ANY CAREPATH TECHNOLOGIES CONTENT, OUR WEBSITE, APP AND SERVICES, AND PRODUCTS SOLD. FURTHER, YOU RELEASE US, OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, AND EMPLOYEES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY PRODUCTS PURCHASED OR ANY CLAIM YOU HAVE AGAINST US. YOU UNDERSTAND THAT THE USE OF SOME PRODUCTS PURCHASED involves certain risks, hazards, and dangers, which may include, but are not limited to, the risk of bodily injury, property damage, and death. YOU AGREE THAT YOU HAVE voluntarily chosen to USE THE PRODUCTS SOLD, knowing the risks involved.

    Indemnity

    You agree to defend, indemnify and hold harmless Carepath Technologies, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

    • your use of and access to the Carepath Technologies Website, App and Services;
    • your violation of any term of this Agreement; or
    • your violation of any third party right, including without limitation any copyright, property, or contractual right.

    This defense and indemnification obligation will survive this Agreement and your use of the Carepath Technologies Website, App, Services and Product(s). You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.


    Choice of Law
    This Agreement shall be governed by the laws in force in the state of Delaware. The offer and acceptance of this contract is deemed to have occurred in Delaware. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement and is hereby expressly excluded.

    Disputes
    This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) shall be subject to arbitration as set forth.

    Binding Arbitration

    You agree that any dispute relating in any way to your use of the Website, App, Services and Products shall be submitted to confidential binding arbitration.  If there is a dispute about whether this arbitration provision can be enforced or applies to the Dispute, you and Carepath Technologies agree that the arbitrator will decide that issue. However, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.


    Arbitration under this Agreement is under the Federal Arbitration Act which governs the interpretation and enforcement of this provision. The arbitration will be administered by JAMS Arbitration in accordance with their streamlined arbitration rules (the “Rules”) then in effect, found at https://www.jamsadr.com/. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The location of the arbitration shall be Wilmington, DE. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Website, App, Services or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within New Castle County, DE.


    You have the right to opt out of binding arbitration within thirty (30) days of the date You first accepted this Agreement by notifying us via mail at Carepath Technologies Inc. 2261 Market Street STE 85682 San Francisco, CA 94114. In order to be effective, the opt out notice must include your full name, any account information, and must clearly indicate Your intent to opt out of binding arbitration. If you have decided to opt-out of Binding Arbitration, all Disputes shall be heard in a court of competent jurisdiction located within New Castle County, DE.


    Class Action
    You and Carepath Technologies agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, or collective action.


    Copyright Takedowns

    Takedown Notice

    We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Website, App, Services or Products, please send us a message which contains:

    • Your name.
    • The name of the party whose copyright has been infringed, if different from your name.
    • The name and description of the work that is being infringed.
    • The location on our Website, App, Services or Product of the infringing copy.
    • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
    • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

    You must sign this notification and send it to our Copyright Agent: Copyright Agent of Carepath Technologies, support@breathelabs.co or Carepath Technologies Inc. 2261 Market Street STE 85682 San Francisco, CA 94114.


    Counter Notice
    In the event that you receive a notification from Carepath Technologies stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:

    • Your name, address, email and physical or electronic signature.
    • The notification reference number (if applicable).
    • Identification of the material and its location before it was removed.
    • A statement under penalty of perjury that the material was removed by mistake or misidentification.
    • Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the US).
    • Your consent to accept service of process from the party who submitted the takedown notice.


    Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice to: Carepath Technologies, support@breathelabs.co or Carepath Technologies Inc. 2261 Market Street STE 85682 San Francisco, CA 94114.

    Severability

    In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.


    If two or more provisions of this Agreement or any other agreement you may have with Carepath Technologies are deemed to conflict with each other’s operation, Carepath Technologies shall have the sole right to elect which provision remains in force.



    Non-Waiver
    We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

    Assignment and Survival
    You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Disclaimer, User Content, Access, Payment, Indemnification, Class Action, and Arbitration sections.

    Entire Agreement and Notices
    This Agreement along with the Privacy Policy constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Where this Agreement expressly and directly conflicts with the Privacy Policy, this Agreement shall control. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party. Any notices required under this Agreement shall be delivered to Carepath Technologies Inc. 2261 Market Street STE 85682 San Francisco, CA 94114, delivery confirmation required. Any notices to User shall be delivered either electronically via email to User account or to the address listed within User’s account.

    Amendments
    We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Website, App and Services and please delete your account through your account page.

    Electronic Communications
    The communications between you and Carepath Technologies use electronic means, whether you visit the Website or App or send Carepath Technologies e-mails, or whether Carepath Technologies posts notices on the Website or App or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Carepath Technologies in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Carepath Technologies provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

    Website/App/Services Issues
    If you have any questions, issues, or have trouble accessing or using the Website, App or Services, please contact us by email at support@breathelabs.co.

    Third Party App Store
    This Agreement is entered solely into between you and Carepath Technologies, owner and operator of Carepath Technologies Website, App, Services and Products. Although our App may be available for download in the Google Play Store (“Google”) or the iTunes Store (“Apple”), neither Google nor Apple are a party to this Agreement and shall have no obligations with respect to the Carepath Technologies Application. Carepath Technologies is solely responsible for the Carepath Technologies App, Services and Carepath Technologies Content. However, Google and Apple are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple or Google shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement (or similar agreement) published by Apple and Google, for purposes of which, you are “the end-user.” In the event of a conflict in the Terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.

    Termination
    We may terminate this Agreement, if: (1) you have violated any applicable laws while using our Website, App or Services; (2) if you have violated any portion of this Agreement or any of our Website, App and Services policies; or (3) if we believe that any of your current or future actions may legally harm Carepath Technologies, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so. Please be aware that upon termination of your account, access to all or portions of our Website, App and Services may become immediately disabled and any User Content stored on the Website, App and Services may become inaccessible or deleted and we shall have no liability to you in regards to any retention of your User Content.

    Additional Terms for Subscribers
    Users which purchase or use a Product or Subscription shall be referred to as a “Subscriber(s)”. Subscribers are subject to all User terms and the additional terms as stated within this Agreement. Subscribers may have access to additional features offered by our Website and App; however, any such features are subject to modification and availability and at our discretion. We reserve the right to discontinue our Subscription services at any time or to reject any current or prospective Subscribers at our discretion.

    Payments for Subscription
    Subscriber agrees to pay for all costs, fees, and taxes listed when purchasing any Subscription to the Services or for any additional purchases. Where you have properly paid for a Subscription, we shall grant you access to any additional features offered in accordance with this Agreement. Subscriber authorizes Carepath Technologies or its third party payment processors to charge their method of payment on file at the time of purchase. Where applicable, you must agree to our third party payment processors terms and conditions for processing payments. All prices are listed in US Dollars. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. Where you have failed to pay or where payments are overdue, Carepath Technologies may suspend or terminate your access to the paid portions of the Website, App and Services, without liability to us.

     

    Payment Processing and Order Cancellations


    Payment Processing
    Carepath Technologies may allow you to purchase Subscriptions or Products. Where making a purchase you will be prompted to input your payment information or pay through a third-party payment portal. You agree that we may charge the full amount listed at checkout to your credit card or other payment method accepted including taxes and other fees. Your payment information will be shared with our third party payment processor. By purchasing anything from our Website and App you also agree to the terms and conditions of our third party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us. An order contract is not created until we process your payment and send you an order confirmation.

     

    Order Cancellations

    We strive to fulfill your Product orders as quickly as possible and have automated systems to assist with this goal. However, you can cancel Product orders as outlined below.


    Prior to shipment: You may cancel your Product order that has not entered the shipping process.  Before you receive a shipment confirmation, contact us by email at support@breathelabs.co.


    After shipment: Once a shipment notification confirming dispatch has been issued, the Product order can no longer be cancelled. However, you may still request a return after the Product is delivered consistent with the Refund and Returns Procedure outlined below.


    Free Trials and Discounts

    Carepath Technologies may offer free trials or discounts of Services or Product(s) at its discretion consistent with applicable laws. Where you, a Subscriber, elect to participate in a free trial, Carepath Technologies may collect credit card information at the beginning of the free trial and may charge your credit card once your free trial ends. You shall not be charged any fees where you elect to discontinue your use of the Product or Services prior the expiration of the free trial. We may discontinue discounts or free trials at any time and we have no obligation to offer any discounts or free trials.


    Coupons and discounts are subject to the terms and conditions stated with such offers. Coupons and discounts are single use only and must be applied prior to checkout for redemption. Unless otherwise stipulated coupons cannot be used in conjunction with any other offer, bundle, discount, coupon or promotion, nor will it apply on an already reduced item. We reserve the right to deny or discontinue any coupons or discounts at our discretion.


    Refund and Returns Procedure

    Electronic Subscriptions

    We want you to be satisfied with our Subscription services; however, we cannot offer any refunds at this time for any Subscriptions related to the electronic or digital use of our Website, App and Services. If you are having any issues with your Subscription or believe that you may be entitled to a refund please contact us by email at support@breathelabs.co.


    Products

    Refunds and returns shall only be accepted consistent with the below procedure and our then-current Returns Policy. Where your Service or Product is refund eligible, please contact us at support@breathelabs.co for a refund or return process and we will reply with instructions. Do not ship any refund eligible Products to us until you have received return instructions. Please be aware that any shipping or handling costs are non-refundable and you may be required to pay for any refund eligible return shipping. We reserve the right to deny your refund for any refund eligible Product or Service if we believe you have violated this Agreement or our Product or Service usage guidelines. Please be aware that refunds are not instantaneous and a refund may take one to two billing cycles to complete.

     

    30-Day Refund.

     

    If you are not satisfied with the product, you may return the product for whatever reason within thirty (30) days from the date of purchase. Return shipping charges are not included and there may be a restocking fee. This 30-day Refund includes BreatheLabs Gummies and BreatheLabs Gummies Kids products but excludes BreatheLabs LungIQ™ and BreatheLabs LungIQ™ Plus products. 

     

    Standard Returns: After the initial thirty (30) days, the procedure is as follows:


    Notification and Authorization

    • Contact support@breathelabs.co for steps to confirm whether you are eligible for a return and next steps. We may also request you to provide photos to help process your return/refund claim.
    • Such pre-approval does not affect Carepath Technologies’s right to determine if the Products do not otherwise qualify as returnable for credit or refund.

    Returnable Items

    • Product in original sealed, unopened container no later than 30 days of purchase.
    • Hidden or unnoticed damages claims made within 5 days of receipt; provided however, if such hidden or unnoticed damage could not reasonably have been discovered within such period, then within 5 days after you discover or reasonably should have discovered such concealed damage (but in no event later than 30 days of purchase).
    • Items shipped from us in error or damaged in shipment (accompanied by a signed bill of lading noting damage) and reported to from support@breathelabs.co within 72 hours of receipt.

    Non-returnable items

    • Products not shipped directly from us to you.
    • Free goods and merchandise sold on a non-returnable basis or marked as non-returnable.
    • Credit will not be issued for Products damaged by fire, smoke, heat, improper handling, storage, shipping, damaged at your warehouse or store level, or product with broken seals, opened, soiled, or disfigured.
    • Private label or repackaged products.
    • Overstock items.

    Terms of return policy

    • We require the following information to process a return request: Product name, description, quantity, reason for return.
    • Credit issued will be the price you paid for the Product and will be issued upon receipt of Product.  Returns must be made within 30 days of return authorization.
    • Carepath Technologies will, in its sole discretion, issue either a credit or replacement, free of charge, for any Product that is defective and therefore not useable if, and only if, it is established by Carepath Technologies, in its sole discretion, that the defect existed prior to delivery to you by us and that you have not violated any applicable requirements regarding storage and handling and as otherwise set forth in this policy.

    Miscellaneous

    • We reserve the right to destroy all Product returned that is not eligible for credit or does not conform to this procedure.
    • We may, at our expense, ask for return of a defective product or may direct that you destroy the Product.  If we ask you to destroy the Product, we may provide you a Certificate of Destruction form to complete and return before a credit or replacement is issued, if applicable. We will not reimburse you for any other expenses associated with a defective product.
    • All other shipping charges including insurance are your responsibility; credits may be subject to restocking fees.
    • Carepath Technologies reserves the right to determine, in its sole discretion, whether Products qualify as returnable (before or after their return) and are subject to valuation at the time of receipt.
    • We retain the right to modify this procedure at any time and without prior written notice.
    • For additional information please contact us at support@breathelabs.co with any questions.



    Shipping

    At checkout you may be able to select from multiple shipping options. Shipping availability is listed at the time of checkout. Prices for each location may vary. Standard shipping times will apply. As we do not transport the Products we cannot guarantee shipping times. Depending where items are shipped, you may be issued a tracking number that allows you to check the status of your package; however, not all shipments will include tracking numbers. Prior to shipment, Carepath Technologies must prepare your Product and ensure quality control. We recommend you check all shipments immediately once you have received them. If you have any issues with your shipment or do not receive your shipment, please contact us immediately at support@breathelabs.co.


    RISK OF LOSS

    All items purchased through the Website and App are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you and the carrier upon tender of the item to the third-party shipping carrier. Upon receipt please inspect any Products purchased carefully, if you have discovered damage to any Products please contact us immediately at support@breathelabs.co.



    Product Warranty

    For any Products our warranty is subject to our Warranty procedure detailed below and our then-current Warranty Policy, which includes BreatheLabs LungIQ™ and BreatheLabs LungIQ™ Plus products but excludes BreatheLabs Gummies and BreatheLabs Gummies Kids. There is a one (1) year limited warranty from the date of purchase for the BreatheLabs LungIQ™ and BreatheLabs LungIQ™ Plus products, or six (6) months if an accessory failure, as detailed below. We reserve the right to deny any Product warranty claims if we believe that you have violated this Agreement or misused the Product at our sole discretion.


    The Products sold to you will conform to Carepath Technologies’ product specifications in effect on the date of shipment. This warranty is limited to goods bearing Carepath Technologies’ label in Carepath Technologies’ original package. THE WARRANTY STATED HEREIN IS EXCLUSIVE, IN LIEU OF AND CAREPATH TECHNOLOGIES EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. No representative of Carepath Technologies may change any of the foregoing and you hereby accept the Product subject to the terms hereof. If you notify Carepath Technologies in writing, within one year from date of invoice (or six months in the event of an accessory failure), of any claimed defect in a product(s), and such is found by Carepath Technologies’ representative after appropriate inspection, not to be in conformity with this warranty, Customer’s exclusive remedy, at Carepath Technologies’ discretion, shall be a refund of the purchase price in exchange for the return of the claimed defective product(s). For parts installed by Carepath Technologies or by an authorized representative of Carepath Technologies, Carepath Technologies warrants the parts and labor will be free from material defects for ninety (90) days. Carepath Technologies shall not be liable for a breach of the warranty set forth in this Section if: (i) a defect arises because you failed to Carepath Technologies’ oral or written instructions as to the storage, installation, use, or maintenance of the products; or (ii) you alter or repair the products without the prior written consent of Carepath Technologies. Carepath Technologies may request you to provide photos to help process your warranty claim.

     

    We retain the right to modify this procedure at any time and without prior written notice.  For additional information please contact us at support@breathelabs.co with any questions.



    Services/Product Issues
    It is possible that some of the Services and Products listed on our Website and App may be incorrectly priced, improperly labeled, or unavailable. Additionally, other errors may be displayed on the Services and Product page. Where an error exists, we will attempt to remedy such error, but we cannot guarantee the accuracy of our Services and Product listings at all times. Although we try to keep all Products on our Website and App available and on hand, there may be times where such Products are unavailable. We attempt to have updated pricing on our Website and App. However, we cannot guarantee that any price displayed is the correct price for any of the Services and Products listed on our Website and App. In the event that any prices are mislabeled we reserve the right to cancel your order or to notify you of our updated price. You must then agree to our updated pricing before your order shall be fulfilled.

    Taxes
    Where Carepath Technologies does not charge you taxes for any Subscription including any Services and Product purchase, you agree to pay any and all applicable taxes, duties, tariffs, or other associated fees with the purchase and shipment of such physical item. Additionally, where requested by us, you agree to provide us documentation to support any claims of proper payment.

    Chargebacks and Credit Card Declines

    If we believe that you have participated in a fraudulent chargeback we will pursue our claims against you to the fullest extent allowed by law. We will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in either a civil fine or jail time.


    Where your credit card has been declined after our products have been shipped, you agree that we may resubmit your charge until such charge is fully paid, whether the charge is made as one additional charge or as installments.



    Subscription Plans and Renewals
    In order to access certain functionality within the Website and App including usage of the Services, you may be required to purchase a Subscription. Please be aware that there may be separate Subscriptions required for both the Product and any Services provided by the Website and App. Where you purchase a Subscription, your payment information shall be logged for your convenience. IF YOUR ACCOUNT HAS BEEN SET UP FOR AUTOMATIC PAYMENTS, CAREPATH TECHNOLOGIES MAY CHARGE YOU AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR AUTOMATIC PAYMENT VIA YOUR ACCOUNT DASHBOARD. ADDITIONALLY, YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT YOUR SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS YOUR INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION SELECTED. Please be aware that you are able to cancel your Subscription prior to purchase or at any time by cancelling via your Website, App or Services account dashboard or by contacting us by email at support@breathelabs.co. Refunds are not available for auto-renewable periods after the renewal date unless otherwise provided for under this Agreement.

    Pricing and Price Increases
    The pricing for all paid Subscription is listed on the Carepath Technologies Website and App or within your account. Carepath Technologies may increase the price of any paid Subscription, at our discretion and we reserve the right to do so at any time. In the event of a price increase, Carepath Technologies shall notify you and you will have the chance to accept or reject any price increase before the paid Subscription renewal. Generally, we notify you of any price increases via your e-mail address or your Website, App or Services account. Upon receipt of such notice, please notify us if you intend to reject a price increase. Where you have rejected a price increase, upon the expiration of your paid Subscription, portions of the Website, App and Services may become immediately unavailable. You agree that Carepath Technologies has no obligation to offer any services for the price originally offered to you at sign up.

    Termination of Your Subscription

    Digital Subscription

    You may cancel your Carepath Technologies digital Subscription at any time. In order to avoid being charged for an additional Subscription period you must cancel your Subscription prior to your Subscription renewal date.


    Product Subscription

    You must cancel your Carepath Technologies Product Subscription no later than thirty (30) days prior to the renewal period for the then current Subscription Period. Failure to cancel your Product Subscription in a timely manner may result in being charged for an additional Subscription Period.


    You may cancel your Subscription at any time via your Carepath Technologies dashboard or by contacting us by email at support@breathelabs.co. Please be aware that upon cancellation of your Subscription you will continue to have access until the conclusion of your current Subscription period. After the conclusion of your current Subscription period, access to portions of our Website, App and Services may become immediately disabled and some User Content may become immediately inaccessible, deleted, or removed consistent with applicable laws. Without a Subscription your Services and physical Product may not function properly. Where you have cancelled your Subscription, we have no responsibility to you for any losses incurred by you for your inability to access portions of the Website, App and Services or any User Content stored in such portions of the Website, App and Services.