Terms of service

Effective Date: 04/10/2023

Welcome to BREATHEEZE PERFORMANCE! These Terms of Service ("Terms") outline the terms and conditions governing your use of our services provided by BREATHEEZE PERFORMANCE, an Australian business.

1. Acceptance of Terms

By accessing or using the services provided by BREATHEEZE PERFORMANCE ("Services"), you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Changes to Terms

BREATHEEZE reserves the right to modify these Terms at any time. Any changes to the Terms will be posted on the BREATHEEZE PERFORMANCE website and will become effective immediately upon posting. Your continued use of the Services after the posting of changes constitutes your acceptance of such changes.

3. Use of Services

The Services are intended for personal use only. You may not use the Services for any illegal or unauthorized purpose. By using the Services, you agree to comply with all applicable laws and regulations.

4. Intellectual Property

All intellectual property rights related to the Services, including but not limited to trademarks, trade names, logos, and patents, are owned by BREATHEEZE PERFORMANCE or its licensors and are protected by applicable intellectual property laws. You may not use any of BREATHEEZE PERFORMANCE's intellectual property for any commercial or non-personal purposes without prior written consent from BREATHEEZE PERFORMANCE.

5. Disclaimers

The Services are provided on an "as is" and "as available" basis. BREATHEEZE PERFORMANCE makes no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, or products included on the Services. You expressly agree that your use of the Services is at your sole risk.

6. Limitation of Liability

BREATHEEZE PERFORMANCE will not be liable for any damages of any kind arising from the use of the Services, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

7. Indemnification

You agree to indemnify and hold BREATHEEZE PERFORMANCE, its officers, directors, employees, agents, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, your violation of these Terms, or your violation of any rights of another.

8. Termination

BREATHEEZE PERFORMANCE may, in its sole discretion, at any time terminate or suspend all or a portion of the Services or your use of all or a portion of the Services, with or without notice and with or without cause.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Australia, without giving effect to its conflict of laws provisions.

10. Entire Agreement

These Terms constitute the entire agreement between you and BREATHEEZE PERFORMANCE and govern your use of the Services. If any provision of these Terms is found to be invalid, the remaining provisions shall remain in full force and effect.

11. Contact Information

If you have any questions regarding these Terms or the Services, please contact us at support@breatheeze.com.au

12. Breatheeze Performance Mouth Tape Legal Disclaimer

The use of BREATHEEZE PERFORMANCE Mouth Tape ("Product") is subject to the following terms and conditions:

Product Intended Use: The Product is intended solely for use as a sleep aid and respiratory support. It is not intended to diagnose, treat, cure, or prevent any medical condition.

Individual Responsibility: Users of the Product acknowledge that they are solely responsible for their own health and well-being. BREATHEEZE PERFORMANCE ("Company") does not assume any liability for the improper use, misuse, or application of the Product.

User Acknowledgment: By using the Product, users acknowledge that they have read and understood all instructions, warnings, and precautions provided by the Company, and agree to use the Product at their own risk.

No Medical Advice: The information provided by the Company, including but not limited to product descriptions, articles, and FAQs, is for informational purposes only and should not be considered as medical advice. Users are advised to consult with a healthcare professional before using the Product.

Disclaimer of Liability: In no event shall the Company, its directors, officers, employees, or affiliates be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the use of the Product, including but not limited to injury, illness, or any other damages.

Indemnification: Users agree to indemnify and hold harmless the Company, its directors, officers, employees, and affiliates from any claims, liabilities, damages, costs, or expenses arising out of or in connection with the use of the Product.

Governing Law: This legal disclaimer shall be governed by and construed in accordance with the laws of Australia, complying with Australian law and without regard to its conflict of laws principles.

Do not use the Breatheeze Performance Mouth Tape if you suffer from any of the following:

  • Trouble breathing through your nose.
  • Obesity with a BMI over 35.
  • Very low blood pressure.
  • Severe heart or breathing problems.
  • Cold, sinus, or ear infection.
  • Severe chapped lips or non-intact skin around the mouth.
  • Alcohol or sedative consumption.
  • Gastric emesis, or any vomiting problems.
  • Asthma or any other chronic respiratory condition.
  • Obstructive sleep apnea.
  • Any condition that causes difficulty breathing or swallowing.

The use of Mouth Tape comes with potential risks and is not suitable for everyone. Please consult with a healthcare professional before using this product. Additionally, please note that the use of Mouth Tape during sleep carries the risk of airway obstruction or other breathing difficulties, which can be life-threatening. Use of this product is at your own risk. If you experience any adverse reactions, including but not limited to difficulty breathing, chest pain, dizziness, or nausea, remove the tape immediately and seek medical attention. The manufacturer, distributor, and seller of this product are not liable for any harm, injury, or damages caused by the use of Mouth Tape, including but not limited to direct, indirect, incidental, consequential, special, or exemplary damages. The purchaser assumes all responsibility for the use and misuse of this product.