1. Acceptance of Terms
By accessing or using the Zeph smart breath trainer, mobile application, website, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Services.
2. Description of Services
Zeph provides a smart breath trainer device and companion mobile application designed to measure lung function, guide respiratory exercises, and track breathing health over time. The Services are intended for general wellness and are not a substitute for professional medical advice, diagnosis, or treatment.
3. User Accounts
To use certain features of the Services, you must create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to provide accurate and complete information and to update it as necessary.
4. Health Disclaimer
The Services are designed to support respiratory wellness and are not intended to diagnose, treat, cure, or prevent any disease. Always consult a qualified healthcare professional before beginning any respiratory exercise program, especially if you have a pre-existing medical condition.
5. Intellectual Property
All content, features, and functionality of the Services — including text, graphics, logos, software, and design — are the exclusive property of Zeph, Inc. and are protected by copyright, trademark, and other intellectual property laws.
6. Prohibited Uses
You agree not to:
- Use the Services for any unlawful purpose
- Reverse engineer, decompile, or disassemble any aspect of the Services
- Attempt to gain unauthorized access to any part of the Services
- Share your account credentials with others
- Use the Services to provide medical advice or diagnosis to others
7. Limitation of Liability
To the fullest extent permitted by law, Zeph, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services. Our total liability shall not exceed the amount you paid for the Services in the twelve months preceding the claim.
8. Indemnification
You agree to indemnify, defend, and hold harmless Zeph, Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Services or violation of these Terms.
9. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. Upon termination, your right to use the Services will immediately cease. Provisions that by their nature should survive termination shall survive.
10. Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in San Francisco County, California, and you consent to the personal jurisdiction of such courts.
11. Dispute Resolution
Before filing any legal claim, you agree to attempt to resolve the dispute informally by contacting us at legal@zeph.com. If the dispute is not resolved within 30 days, either party may pursue formal legal proceedings as described in Section 10.
12. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions shall remain in full force and effect.
13. Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices published by Zeph on the Services, constitute the entire agreement between you and Zeph, Inc. concerning the use of the Services.
14. Changes to Terms
We may update these Terms of Service from time to time. We will notify you of material changes by posting the updated terms on our website and updating the "Last updated" date. Your continued use of the Services after changes are posted constitutes your acceptance of the revised terms.
15. Contact Us
If you have questions about these Terms of Service, please contact us at legal@zeph.com or write to us at Zeph, Inc., San Francisco, CA.