1.1 These terms of use (“Terms”) govern your use and access to our products and services provided by Silentmode Limited, including our website www.breathonics.com (“Website”), the Breathonics App (“App”), the physical products sold by Breathonics (“Products”), and our notifications and any information or content appearing therein (collectively our “Platform” and our “Services”).
1.2 Incorporated in these Terms are the following:
1.3 By using the Platform, you agree to these Terms regardless of whether you are a paying user or a non-paying visitor. If you are using our Platform as a representative of an entity, you are agreeing to these Terms on behalf of that entity.
1.4 If you don’t agree with any of these Terms or don’t understand them, please don’t use our Platform and uninstall our Platform from all of your devices.
2.1 We are Silentmode Limited (“Silentmode”, “we”, “us”, “our”) a private incorporated in Hong Kong with company number 2499640 and having its registered office at 7/F, Block A, 35 Aberdeen Street, Central, Hong Kong trading as ‘Silentmode’.
2.2 For any questions or problems relating to our Platform, our Services, or these Terms, including the Privacy Policy, you can contact us by emailing our customer service team at customer@breathonics.com.
2.3 Please refer to our Privacy Policy which is available here (https://breathonics.com/privacy). For information about what personal data we collect and what we do with it. It is important that you read our Privacy Policy, which may be updated from time to time, and understand how we use personal information and the rights that you have about your information.
2.4 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us. When we use the words "writing" or "written" in these terms, this includes emails.
3.1 We may amend these Terms from time to time by posting the updated terms on our Platform. If we make material changes, we will notify you of the changes before they become effective. By continuing to use our Platform and our Services after the changes come into effect means that you agree to be bound by the revised Terms.
4.1 We are constantly changing and improving our Platform and the Products and Services we provide. We may from time to time change or discontinue any of the Products or Services we offer, or add or remove functionalities or features, and we may suspend or stop certain Products, Services, functionalities or features altogether. If we discontinue certain Products, Services, functionalities or features, we will give you advance notice where reasonably possible.
4.2 We may release Products, Services, functionalities or features that we are still testing and evaluating. We will label such Services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these beta Services are not as reliable as other Products or Services we offer.
4.3 We reserve the right to limit your use of our Platform and the Services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of these terms or are misusing our Platform or any Services we provide.
4.4 We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.
4.5 You are responsible for configuring your information technology, computer programmes and platform or system in order to access our Platform. We do not guarantee that our Platform will be free from bugs or viruses.
5.1 A person is considered to be an applicant (“Applicant”) if that person has begun the process of registration of an account on the Platform (“User Account”) but has not received confirmation of service (“Membership”). An Applicant becomes a member (“Member”) only after the full process of registration has been completed, payment has been processed (unless on a free trial basis) and we confirm that the Membership registration is complete and you are a Member. Member registration confirms your agreement to these Terms.
5.2 You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a Member. Individuals under the age of 18, or the applicable age of majority, may utilise the Platform only with the involvement and consent of a parent or legal guardian, under such a person's User Account and subject to these Terms.
5.3 You agree not to create a false identity or give any false information, including email addresses, for the purpose of misleading or any other purposes.
5.4 These Terms refer to the Member as an individual. For companies, clubs, organisations, or other groups, a separate application system is used. Please contact us directly for these terms.
5.5 As a Member you agree that the material and content contained within or provided by Silentmode is for use by you and may not be used for commercial purposes or distributed commercially.
5.6 Membership may be refused by Silentmode, at the sole discretion of Silentmode. An Applicant may be deemed incapable of receiving Membership for the reasons below:
5.7 If Silentmode confers Membership to an Applicant who later is shown to have failed to satisfy these Terms, Silentmode reserves the right to revoke the Membership.
5.8 In registering for an account on our Platform, you must provide truthful, accurate and up-to-date information about yourself. You should choose a strong and secure password. You must keep your password secure and confidential.
5.9 You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.
5.10 You must inform the Company immediately if you have any reason to believe that a password has become known to someone not authorised to use it or if a password is being or is likely to be used in an unauthorised way.
5.11 We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you are in breach of these terms.
5.12 You agree to follow our Acceptable Use Policy, which is set out at the end of these Terms.
6.1 You must comply with these Terms, including our Privacy Policy, Acceptable Use Policy and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Platform.
6.2 We give you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable licence to access and use our Platform, including any software or application as part of the Services we offer. This licence is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by these Terms.
6.3 This licence to use our Platform will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.
6.4 You must not copy, modify, distribute, sell, lease, loan or trade any access to the Platform or any data or information on it.
7.1 You retain your rights to any information or content you submit, post or display on or through the Platform (“Your Content”). By submitting, posting or displaying such content, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use, process, copy, reproduce, adapt, modify, publish, transmit, display and distribute such content in any and all media or through any distribution channels (now known or later developed), subject to the applicable provisions in our Privacy Policy.
7.2 You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.
7.3 You warrant that Your Content is not and will not infringe the rights of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations with regard to Your Content under these terms.
7.4 If you believe your intellectual property rights have been infringed, please contact us at customer@breathonics.com.
8.1 All intellectual property rights subsisting in the Platform or the Products or Services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved. The system, layout, design, and content of the Platform are protected by copyright and may not be reproduced, mirrored, mimicked, reverse engineered, or broadcast without the express permission of Silentmode.
8.2 We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Platform. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminatory, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing the rights of third parties. We do not endorse or support any views expressed by any users on our Platform.
8.3 Our names “Silentmode” and “Breathonics” and our other marks and logos are our trademarks (be they registered or unregistered) and may not be used without our express prior written consent.
9.1 We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any Products or Services we offer, without any payment to you.
9.2 You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.
10.1 Silentmode is a provider of online and mobile audio content in the health and wellness space. We are not a licensed healthcare provider or medical device provider, and our Platform, Products and Services do not constitute medical advice and we have no expertise in diagnosing, examining, or treating medical conditions of any kind. Only your doctor, healthcare provider or other professional can provide medical advice.
10.2 Silentmode makes no claims, representations or guarantees that the Platform, Products or Services in any way provide users with any medical or therapeutic benefit or are fit for any other purpose.
10.3 You understand and agree that the Platform, Products and Services and related advice and other materials and information published on the Platform (or otherwise) relating to the Products and Services are for information purposes only and are not intended to be relied upon for any purpose, including therapeutic, medical or diagnostic-related purposes and they are not intended to replace the relationship between you and your doctor, healthcare provider or other professional you are working with, based on your individual condition and circumstances.
10.4 You understand that it is your responsibility to seek advice from a doctor, healthcare provider or other professional regarding your health and any condition physical, mental and/or emotional that could interfere with your judgment, or affect your health in any way, resulting from the use of Platform and the Products and Services.
10.5 In rare cases, users experience light-headedness, nausea, tingling, numbness and/or blackouts when using the Products and Services. If you experience any of these symptoms you must immediately cease all such use and seek advice from your doctor or other healthcare professional.
11.1 Some countries or jurisdictions may not allow some of the disclaimers in these Terms, in which case these disclaimers will not apply to you. You may also have certain legal rights as a consumer and nothing in these terms limit your legal rights as a consumer that may not be waived by contract.
11.2 To the fullest extent permitted by law, we, Silentmode (including our group companies) affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”) expressly limit our liabilities in connection with or arising out of the provision of the Platform, the Products and Services, as follows:
11.3 To the fullest extent permitted by law, Our Entities are not liable to you or others for:
11.4 The limitations of liability in this warranty do not apply to (i) death or personal injury pursuant to any mandatory law on product liability; (ii) fraud or fraudulent misrepresentation; (iii) gross negligence; (iv) or a culpable breach of major contractual obligations. A damages claim based on a breach of major contractual obligations or gross negligence will be limited to foreseeable damages.
11.5 Other than the types of liabilities that we cannot limit by law, the liability of Our Entities to you (on aggregate) are limited to the amount you have paid to us (if anything) for the use of our Platform and the Products and Services, purchased over the last twelve (12) months.
12.1 As a Member, by using our Platform, you represent that you are an adult and that you are able to legally enter into contractual agreements.
12.2 You understand the contents of clause 10 (Medical Disclaimer) and the other Terms and you agree that your use of the Platform and the products and Services is entirely at your own risk and subject to the Terms.
12.3 If you are using the Platform on behalf of an entity, by using the Platform you represent that you have the necessary rights and authority to agree to these Terms (including our Privacy Policy and Acceptable Use Policy) on behalf of that entity.
13.1 You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) a breach of these terms by you, (ii) the use of our Platform by you and/or (iii) any misrepresentation made by you.
13.2 You also agree to fully cooperate with us in the defence or settlement of any claim in relation to or arising out of our Platform or these terms.
14.1 These terms will continue to apply until terminated by either you or us as follows.
14.2 You may stop using the Platform any time by deactivating your account.
14.3 We reserve the right to suspend or terminate your access to our Platform, if we reasonably believe:
In any of the above cases, we will notify you by the email address associated with your account or at the next time you attempt to access your account, unless we are prohibited from notifying you by law.
14.4 Where we consider necessary or appropriate, we will report any breach of these Terms (including the Acceptable Use Policy) to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.
15.1 These Terms (including the Privacy Policy) constitute the entire agreement between any user and us in relation to the use of or any transactions on the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of or any transactions on the Platform.
15.2 You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
16.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for any Products not provided.
16.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
17.1 These Terms will be interpreted in the English language and in accordance with Hong Kong Law.
17.2 If any legal action is sought or is to be brought against the Company, the Courts of the Hong Kong SAR is the court of first jurisdiction.
18.1 As part of these Terms, you agree not to misuse the Platform or help anyone else to do so. For example, you agree not to do any of the following in connection with the Platform:
Last updated: May 2022
