Terms of Service

Last Updated: December 31, 2024

Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the Breakfree mobile application and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Service.

1. Eligibility

You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that:

  • You are at least 13 years of age
  • You have the legal capacity to enter into these Terms
  • You will comply with these Terms and all applicable laws
  • All information you provide is accurate and truthful

2. Account Registration and Security

2.1 Account Creation

To use certain features, you must register for an account. You agree to:

  • Provide accurate and complete information
  • Maintain and update your information
  • Keep your login credentials secure
  • Notify us immediately of any unauthorized access

2.2 Account Responsibility

You are responsible for all activities that occur under your account. You agree not to:

  • Share your account credentials
  • Create multiple accounts for fraudulent purposes
  • Impersonate any person or entity
  • Use another person's account without permission

3. Description of Service

Breakfree provides digital wellness tools, including:

  • App blocking and focus session management (timed and open-ended)
  • Screen Time integration and monitoring
  • Scheduled blocking sessions with recurring schedules
  • Usage analytics, insights, and blocked time tracking
  • Break functionality with ads-based temporary unblocking
  • Social features: friends, groups, and leaderboards
  • Instagram DM integration and messaging
  • Streak tracking and daily drawing journal
  • Group focus sessions with real-time participation
  • Challenges and motivational features

Important: The Service uses Apple's Screen Time API to block apps on your device. This functionality requires your explicit permission and only works on physical iOS devices.

4. User Conduct and Prohibited Activities

You agree not to:

  • Violate any laws or regulations
  • Infringe on intellectual property rights
  • Transmit harmful code, viruses, or malware
  • Attempt to gain unauthorized access to the Service
  • Interfere with or disrupt the Service
  • Harvest or collect user data without consent
  • Use the Service for any illegal or unauthorized purpose
  • Reverse engineer, decompile, or disassemble the app
  • Remove or alter any copyright or proprietary notices
  • Use automated systems (bots) to access the Service

5. App Blocking and Screen Time Features

5.1 Authorization Required

The app blocking features require Screen Time authorization from iOS. By granting this permission, you acknowledge that:

  • Breakfree will have the ability to restrict access to apps you select
  • Blocked apps cannot be accessed during active sessions
  • Bypassing blocks may not be possible during sessions
  • You can revoke Screen Time permissions in iOS Settings at any time

5.2 Disclaimer

While we strive to provide effective blocking functionality, we cannot guarantee 100% effectiveness. We are not liable for any consequences resulting from:

  • Inability to access blocked apps during emergencies
  • Technical failures or bugs in the blocking system
  • iOS updates that affect Screen Time functionality
  • User error in configuring blocking settings

6. Intellectual Property Rights

6.1 Our Rights

The Service and its original content, features, and functionality are owned by Breakfree and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes, subject to these Terms.

6.3 User Content

You retain ownership of any content you submit or upload to the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with providing the Service.

7. Subscription and Payments

7.1 Free and Paid Features

Breakfree may offer both free and paid subscription tiers. Paid features may include:

  • Advanced analytics and insights
  • Extended blocking capabilities
  • Priority support
  • Ad-free experience

7.2 Billing

All purchases are processed through Apple's In-App Purchase system. You agree to pay all applicable fees. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period.

7.3 Refunds

Refund requests must be submitted through Apple's App Store. We do not directly process refunds. Refund policies are subject to Apple's terms and conditions.

8. Disclaimers and Limitations of Liability

8.1 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.2 No Guarantee

We do not warrant that:

  • The Service will be uninterrupted or error-free
  • Defects will be corrected
  • The Service is free of viruses or harmful components
  • Results from using the Service will meet your expectations

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BREAKFREE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

8.4 Maximum Liability

Our total liability to you for all claims arising from or relating to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

9. Third-Party Integrations

9.1 Instagram Integration

If you choose to connect your Instagram account, you acknowledge that:

  • We will access your Instagram DMs through our secure proxy
  • Messages are synced for your convenience while staying focused
  • You can disconnect Instagram at any time in Settings
  • Instagram's own Terms of Service apply to your Instagram account
  • We are not responsible for Instagram's availability or changes to their API

9.2 Matrix Messaging Protocol

Our messaging features use the Matrix protocol. By using messaging, you understand that:

  • Messages are encrypted and transmitted via Matrix servers
  • We are not responsible for third-party Matrix server availability
  • Message history is subject to server retention policies

10. Social Features and User Content

10.1 Friends and Groups

When using social features (friends, groups, leaderboards), you agree to:

  • Interact respectfully with other users
  • Not harass, abuse, or harm other users
  • Not share inappropriate or offensive content
  • Respect the privacy of other users

10.2 Daily Drawings and Streaks

You retain all rights to drawings you create. By creating drawings, you grant us:

  • Permission to store and display your drawings in your account
  • Right to use anonymized drawing data for analytics
  • Streak data is tracked locally and used for motivational purposes

10.3 Leaderboards and Competition

Leaderboard rankings are based on blocked time and session participation. We reserve the right to remove or adjust rankings if we detect fraudulent activity or abuse.

10.4 Group Sessions

Group sessions allow multiple users to focus together. By creating or joining groups:

  • You agree to participate in good faith
  • Group admins may remove members for violations
  • We may disable groups that violate our policies
  • Group data and session history may be visible to all members

11. Break Functionality and Ads

11.1 Breaks During Sessions

You may take breaks during focus sessions. Breaks:

  • Temporarily unblock selected apps for a limited time
  • May require viewing advertisements (unless premium)
  • Automatically resume blocking when break ends
  • Cannot be extended once started

11.2 Advertisement Disclaimer

We display ads through third-party networks (Google AdMob). By viewing ads:

  • You acknowledge ads are provided by third parties
  • We are not responsible for ad content or accuracy
  • Ad networks may collect data subject to their privacy policies
  • Premium subscribers can enjoy an ad-free experience

12. Indemnification

You agree to indemnify, defend, and hold harmless Breakfree and its officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, or expenses arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your User Content

13. Termination

13.1 By You

You may terminate your account at any time by deleting the app and contacting us to request account deletion.

13.2 By Us

We may suspend or terminate your access to the Service at any time, without prior notice, for conduct that we believe:

  • Violates these Terms
  • Harms us or other users
  • Exposes us to liability
  • Is fraudulent or illegal

13.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to conflict of law principles.

14.2 Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. You waive your right to a jury trial or to participate in a class action.

14.3 Exceptions

Either party may seek injunctive relief in court to prevent infringement of intellectual property rights or other irreparable harm.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms in the app
  • Sending an email notification
  • Displaying an in-app notification

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

16. Miscellaneous

16.1 Entire Agreement

These Terms constitute the entire agreement between you and Breakfree regarding the Service.

16.2 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

16.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16.4 Assignment

You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.

17. Contact Information

For questions about these Terms, please contact us:

Email: hi@breakfree.you

Website: www.breakfree.you

Your Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

© 2024 Breakfree. All rights reserved.