BRET Terms and Conditions of Use

1. Introduction

Welcome to the BRET App – a digital platform designed to support personal wellbeing through guided breathing exercises and emotional relaxation tools. The BRET App and its associated services (collectively, the “Service”) are offered by EmTalk.

These Terms and Conditions of Use (“Terms”) form a legally binding agreement between you and EmTalk and govern your access to and use of the Service. By accessing, installing, registering for, or using the BRET App, you agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

The BRET App is intended solely for informational and general wellness purposes. It is not a substitute for professional healthcare advice, diagnosis, or treatment, and should not be relied upon as such. Use of the Service is entirely voluntary and at your own risk.

The App is intended for adult users only. You must be at least 18 years old to access or use the Service. If you do not agree to these Terms, you may not access or use the App or any part of the Service.

EmTalk reserves the right to update or modify these Terms at any time in its sole discretion. We encourage you to review these Terms regularly. Continued use of the Service after changes become effective signifies your acceptance of the updated Terms.

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2. Acceptance of Terms

By accessing or using the BRET App and its associated services, you acknowledge and agree to the following:

• Binding Agreement: These Terms constitute a legal agreement between you and EmTalk. If you do not agree to be bound by these Terms, do not access, install, or use the App or any part of the Service.
• Incorporated Policies: Our Privacy Policy and any additional terms or notices provided within the App form part of these Terms. By using the Service, you also agree to comply with those policies.
• Age Requirement: You confirm that you are at least 18 years old. The App is not intended for individuals under this age, and we do not knowingly permit use by minors.
• Legally Authorized Use: You affirm that you have the legal capacity and authority to enter into these Terms and to use the Service in accordance with all applicable laws.
• Updates to Terms: We may modify these Terms from time to time. When we do, we will update the “Last Updated” date at the top of this document. It is your responsibility to review the Terms regularly. Continued use of the App after updates constitutes acceptance of the revised Terms.

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3. Important Disclaimers

The BRET App is a wellness tool intended for general informational and relaxation purposes only. By using the Service, you acknowledge and agree to the following disclaimers:

No Medical Advice

• The App does not provide medical, psychiatric, psychological, or therapeutic advice, diagnosis, or treatment.
• EmTalk is not a licensed medical provider or healthcare service, and the App should never be used as a substitute for professional consultation, diagnosis, or treatment.
• Any content provided — including breathing exercises, mood tools, or emotional tracking — is for educational and entertainment purposes only.

Assumption of Risk

• You are solely responsible for your physical, mental, and emotional well-being.
• You assume all risks associated with the use of the App, including the risk of physical or emotional discomfort or injury.
• If you have a medical or psychiatric condition (including anxiety, depression, or breathing disorders), consult a qualified healthcare provider before using the App.

No Guarantees or Results Promised

• We make no warranty that the App will improve your mental health, mood, or overall well-being.
• Individual results vary and are dependent on personal context, adherence, and external factors.
• Any testimonials or success stories are anecdotal and not representative of all users.

No Emergency Response

• BRET App is not an emergency or crisis response service.
• If you are experiencing a medical emergency, suicidal thoughts, or are in danger, contact local emergency services immediately.
• Do not rely on BRET App to monitor or respond to urgent health or safety situations.

No Warranty on Service Quality

• We do not guarantee that the App will be uninterrupted, secure, or error-free.
• We are not responsible for any inaccuracies or delays in the content.
• The App and its features are provided “as is” and “as available.”

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4. Account Registration and Access

To access certain features of the BRET App, you may be required to register for an account. By creating an account, you agree to the following terms:

Eligibility

• You must be at least 18 years old to use the App.
• By registering, you confirm that you meet this age requirement and have the legal capacity to enter into a binding agreement.

Accurate Information

• You agree to provide truthful, current, and complete information during the registration process.
• You must promptly update your account if any of your information changes.

Security of Your Account

• You are solely responsible for maintaining the confidentiality of your login credentials (username and password).
• You agree not to share your account with others or allow unauthorized access.

Notification of Unauthorized Use

• You must notify us immediately at info@emtalk.org if you suspect any unauthorized use of your account or any security breach.
• We are not liable for any loss or damage resulting from your failure to protect your account credentials.

Account Suspension or Termination

We reserve the right to suspend, restrict, or terminate your account at our sole discretion if you:

• Violate these Terms
• Misuse the Service
• Engage in harmful, illegal, or fraudulent activity

We may do so with or without notice and are under no obligation to provide a reason.

Access Limitations

• You acknowledge that access to certain parts of the App may be restricted, modified, or discontinued at any time without liability to you

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5. Use of the Service

By using the BRET App, you agree to use the Service only for its intended personal and non-commercial purposes and in compliance with all applicable laws and these Terms.

5.1 Permitted Use

You are granted a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to:

• Access and use the App for personal wellness and relaxation purposes only;
• View, download, or stream content made available through the App for non-commercial, individual use;
• Engage with in-app features in a respectful and lawful manner.

5.2 Restrictions on Use

You agree not to:

• Use the App or its content for any commercial or resale purposes;
• Attempt to access the Service in an automated, scripted, or non-human manner (e.g., bots, crawlers, or scrapers);
• Copy, modify, reverse-engineer, or attempt to derive source code or underlying structure of the App;
• Circumvent, disable, or interfere with security features of the App or any related systems;
• Impersonate any person, misrepresent your identity, or falsely claim affiliation with any organization;
• Interfere with or disrupt the operation of the Service or its servers;
• Upload any malware, spyware, viruses, or harmful code that may impair the functionality of the App;
• Use the App to harass, abuse, or threaten others;
• Engage in conduct that restricts or inhibits any other user from using the Service;
• Use the Service for illegal, harmful, or unauthorized purposes;
• Reproduce, distribute, or publicly display any part of the App’s content without prior written consent from EmTalk.

5.3 Modifications and Availability

EmTalk reserves the right, at any time and without notice, to:

• Update or change any part of the Service;
• Add or remove features or functionality;
• Temporarily or permanently suspend access to parts or all of the Service;
• Limit availability based on user location, age, device compatibility, or usage behavior.

You acknowledge and accept that:

• Certain features may be available only to paid users;
• We may implement updates or patches without prior notice;
• Downtime, maintenance periods, or interruptions may occur and are not grounds for compensation.

6. Intellectual Property and Ownership

All intellectual property rights related to the BRET App, its content, design, software, and functionality are the exclusive property of EmTalk or its licensors, and are protected under applicable copyright, trademark, trade secret, and other intellectual property laws.

6.1 License Grant

Subject to your compliance with these Terms, EmTalk grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to:

• Download, install, and access the App on a personal device;
• Use the App for individual, non-commercial purposes only;
• Access content and features solely as authorized by EmTalk.

This license does not include any right to:

• Reproduce, modify, distribute, or publicly display any part of the App or its content;
• Reverse engineer, decompile, disassemble, or derive source code from the App or its services;
• Use EmTalk’s trademarks, logos, or trade names without written permission;
• Remove or alter any copyright, trademark, or proprietary notices on the App.

6.2 Copyright

• All materials contained within the App (including audio, video, text, graphics, images, animations, code, and interface design) are owned by or licensed to EmTalk and are protected by intellectual property laws.
• Any unauthorized use or duplication of the content is strictly prohibited and may result in civil or criminal penalties.
• You may not use content from the App for any promotional, educational, or commercial purpose without prior written consent.

6.3 Trademarks

• The name “BRET,” the BRET App logo, and all related names, logos, product and service names, designs, and slogans are trademarks of EmTalk or its affiliates.
• You may not use such marks without our prior written permission.

6.4 Violations

• Any violation of this section will result in immediate termination of your license to use the Service and may subject you to legal action.
• EmTalk reserves the right to pursue any and all remedies available under the law to protect its intellectual property rights.

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7. Termination and Cancellation

Your right to use the BRET App and Services is subject to compliance with these Terms. Either you or EmTalk may terminate this agreement at any time under the conditions below.

7.1 Cancellation by EmTalk

We reserve the right, at our sole discretion, to suspend, restrict, or terminate your access to the App or Services at any time, without notice, if:

• You violate these Terms or any applicable laws;
• You engage in fraudulent, abusive, harmful, or inappropriate behavior;
• You use the Service in a way that risks security, infringes intellectual property, or disrupts system performance;
• Required to do so by legal or regulatory authorities;
• We discontinue or modify the App or its services.

Termination may result in:

• Immediate revocation of access to your account and content;
• Deletion of your personal information (except as required by law);
• No entitlement to a refund for any prepaid subscription or purchase, unless otherwise provided by law.

7.2 Cancellation by You

You may cancel your use of the App or terminate your subscription at any time:

• Through your device settings or app store account;
• Via any cancellation mechanism provided in the App or on our website.

Please note:

• Deleting the App does not automatically cancel your subscription.
• You must cancel your subscription through the same platform used to purchase it (e.g., Google Play).
• Your access to premium features will remain active until the end of the current billing cycle.

7.3 Survival of Terms

Upon termination of your account:

• All rights granted to you under these Terms will cease;
• Sections regarding intellectual property, disclaimers, limitations of liability, dispute resolution, and governing law will continue to apply.

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8. Prohibited Use of the Service

By using the BRET App, you agree to engage respectfully, lawfully, and in good faith. You must not misuse or abuse the App, its content, or its features. Any violation of these restrictions may result in immediate termination of your account, legal action, or both.

You agree not to:

• Copy, reproduce, modify, or reverse-engineer the App or any part of its content or features.
• Create derivative works or competing services based on the App, its techniques, or its user interface.
• Record, distribute, or share any audio, video, or session content within the App without express permission.
• Use automated systems (bots, scrapers, or scripts) to access or interact with the App.
• Introduce malware or harmful code intended to damage, interfere with, or compromise the App, our servers, or our users.
• Bypass security mechanisms or attempt unauthorized access to our systems or other users' accounts.
• Violate any applicable laws or regulations, including data protection, intellectual property, or export control laws.
• Harass, impersonate, threaten, or defame any user, staff member, or entity associated with EmTalk.
• Use the App for commercial gain without our written consent (e.g., resale, sublicensing, advertising).
• Upload unlawful, harmful, obscene, or discriminatory content including hate speech, harassment, or any form of abuse.
• Collect or harvest personal data from other users or from the App without permission.
• Promote illegal activity or encourage harm to self or others.
• Use the App in jurisdictions where access or use is prohibited by law.

EmTalk reserves the right to take immediate action, including notifying authorities, if we believe your behavior poses a risk to others, violates applicable law, or breaches these Terms.

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9. Payments, Subscriptions, and Refunds

Certain features of the BRET App may require payment to access. By making a purchase, subscribing, or using any paid component of the App, you agree to the following:

9.1 Paid Features and Purchases

• Some features (e.g., advanced breathwork, progress tracking, curated routines) may require a one-time purchase or subscription.
• Purchases may be made:
• Directly through our website
• Through third-party platforms (e.g., Google Play, PayPall)
• All fees are clearly disclosed before purchase and are billed in your local currency unless otherwise stated.

9.2 Subscription Terms

• Subscriptions automatically renew unless cancelled at least 24 hours before the renewal date.
• By subscribing, you authorize us or the applicable platform to:
• Charge your chosen payment method automatically on a recurring basis
• Retry the payment with incremental amounts if the initial charge fails
• You are responsible for cancelling any unwanted subscriptions.

9.3 Free Trials

• We may offer free or discounted trials for a limited time.
• Trials convert to paid subscriptions unless cancelled before the end of the trial.
• EmTalk may restrict multiple trial redemptions or modify/cancel trial offers at any time.

9.4 Payment Failures and Retry Attempts

If a renewal payment fails, we may:

• Retry the charge multiple times using smaller amounts
• Notify you of the issue
• Suspend or cancel your subscription if payment remains unsuccessful

9.5 Refund Policy

• Third-party purchases (e.g., via Google Play or PayPall) are subject to that platform’s refund policy. We cannot provide refunds for these directly.
• Direct website purchases are generally non-refundable, unless required by applicable law.
• Deleting the app or your account does not cancel your subscription. You must cancel via your settings.

9.6 EU/EEA/UK/Switzerland Residents

If you are a consumer in the EU/EEA/UK/Switzerland:

• You have the right to withdraw from a purchase within 14 days without giving any reason
• To exercise this right, contact us by email before the 14-day period expires
• If you requested access to content immediately and waived your withdrawal right, you may only be entitled to a partial refund (or none, in the case of full digital content use)
• We will reimburse you within 14 days using the original payment method

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10. User Eligibility, Representations, and Restrictions

By using the BRET App, you confirm your eligibility and agree to follow these representations and behavioral standards.

10.1 Eligibility

The BRET App is intended only for users aged 18 and over.

By using the App, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into a binding agreement
• You are not prohibited by any applicable law from using the Service

10.2 User Representations

You agree to the following:

• All registration and profile information you provide is true, current, and complete
• You will maintain the accuracy of such information over time
• You will not use the App for unlawful or unauthorized purposes
• You will not attempt to gain unauthorized access to any part of the App, servers, or systems

10.3 Restrictions on Use

You are prohibited from:

• Using the Service through automated systems (bots, scrapers, etc.)
• Circumventing or disabling any App security feature
• Copying, modifying, translating, reverse-engineering, or creating derivative works based on the App
• Reselling, sublicensing, or exploiting the App or its content for commercial purposes
• Collecting or harvesting data from the App without permission
• Transmitting malware, spam, or malicious code
• Accessing the Service if you are:
• Located in a region restricted by export or sanctions laws
• Listed on government watchlists (e.g., OFAC sanctions lists)

10.4 Behavioral Standards

You must not:

• Impersonate or misrepresent your affiliation with any person or entity
• Harass, abuse, stalk, threaten, or defame others through the App
• Post or transmit harmful, discriminatory, or offensive content
• Use the App in a manner that could interfere with other users' experience or our systems

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11. Limitation of Liability and Indemnity

By using the BRET App, you acknowledge and agree to the following limitations and responsibilities:

11.1 No Liability for Indirect Damages

To the fullest extent permitted by applicable law, EmTalk and its affiliates, partners, licensors, and service providers are not liable for:

• Any indirect, incidental, special, or consequential damages, including:
• Loss of profits
• Loss of data
• Loss of goodwill
• Business interruption
• Any damages arising out of or related to:
• Your use of the App or inability to use it
• Any content or data transmitted via the App
• Unauthorized access to or alteration of your transmissions or data
• Any bugs, viruses, trojans, or the like

11.2 Maximum Liability

Our total liability for any claim relating to the App shall not exceed the amount you paid, if any, for the use of the App in the twelve (12) months preceding the claim.

11.3 Your Indemnity Obligations

You agree to defend, indemnify, and hold harmless EmTalk and its affiliates, directors, officers, employees, agents, contractors, and licensors from and against any claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising from:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any dispute or issue between you and a third party
• Your content or submissions to the App

11.4 Assumption of Risk

You assume full responsibility for all risks associated with using the App, including but not limited to:

• Health outcomes
• Emotional or psychological responses
• Inappropriate reliance on content as medical advice

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12. Governing Law and Dispute Resolution

These Terms are governed by the applicable laws outlined below, and any legal matters must be resolved through the designated methods.

12.1 Governing Law

These Terms and any disputes arising from or relating to the BRET App shall be governed by and construed in accordance with the laws of the Republic of Kazakhstan, unless otherwise required by the laws of your place of residence.

If local law in your jurisdiction requires different protections, those will apply to the extent legally required.

12.2 Dispute Resolution Process

Before initiating formal proceedings, we encourage users to contact us to resolve any issues amicably:

• Email: info@emtalk.org
• We will attempt to respond within a reasonable time frame to address and resolve your concerns.

12.3 Arbitration and Waiver of Class Actions

To the extent permitted by applicable law, all disputes between you and EmTalk relating to the App or these Terms must be resolved individually and confidentially through binding arbitration, rather than in court.

You waive your right to:

• A jury trial
• Participation in class actions or collective proceedings

12.4 Jurisdiction and Venue

If arbitration is not enforceable under your local law, or you opt out where legally permitted, then:

• All disputes will be resolved in the courts of Almaty, Republic of Kazakhstan (or your local jurisdiction if required by law).
• You consent to the personal jurisdiction and venue of these courts.

12.5 Opt-Out

If you are legally entitled to opt out of binding arbitration, you must notify us within 30 days of first use of the App:

• Send written notice to: info@emtalk.org
• Include your full name, account info, and a clear statement of your intent to opt out.

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13. Miscellaneous

This section outlines general provisions that apply to the Terms as a whole and your use of the BRET App.

13.1 Entire Agreement

These Terms, along with the Privacy Policy and any additional legal notices or agreements referenced, constitute the entire agreement between you and EmTalk regarding the use of the App.

They supersede all prior agreements, understandings, or representations, whether written or oral.

13.2 Modifications and Updates

EmTalk reserves the right to update or modify these Terms at any time.

We will notify users of material changes through:

• Email (if provided)
• In-app notifications
• Or by updating the “Last Updated” date at the top of this document

Continued use of the App after changes are made constitutes your acceptance of the revised Terms.

13.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that right or provision.

Any waiver must be in writing and signed by an authorized representative of EmTalk.

13.4 Severability

If any provision of these Terms is held to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

13.5 Assignment

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may assign our rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets.

13.6 Electronic Communications

By using the App, you agree to receive electronic communications from us, including legal notices, updates, and disclosures.

You acknowledge that these communications satisfy any legal requirement that such communications be in writing.

13.7 Force Majeure

EmTalk will not be liable for any failure to perform or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God
• Natural disasters
• Governmental actions
• Internet service failures
• Cyber attacks
• Wars, pandemics, or labor disputes

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14. Contact Us

If you have any questions, concerns, or feedback regarding these Terms, or if you need assistance with your use of the BRET App, you may contact us through the following means:

EmTalk

• Email: info@emtalk.org

We aim to respond to all inquiries within a reasonable timeframe.

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