Terms of Use for DailyBreath Services

Upon your use and/or entry to DailyBreath application and/or your use of DailyBreath services and/or DailyBreath’s website and/or any of DailyBreath’s forums, blogs and/or page in the various social networks (whether as a visitor or a user) (the “ Service“), you hereby declare that you acknowledge and agree to the following:

It is hereby clarified that the Service is informational in nature and does not constitute any medical consultation, opinion, and diagnosis, nor any medical recommendation of any kind, and may not be based upon for any purposes whatsover, whether specific or implied. Therefore, any use of the Service will be made upon your sole and exclusive responsibility and liability and entirely at your own risk.

DailyBreath does not warrant that the Service will be provided stably, safely and/or without mistakes, bugs, errors, failures, crashes and/or interruptions. The Service is provided “as is”, without liability or warranty of any kind whatsoever, whether specific or implied.

The information displayed within the Service is based on raw information that is gathered by the our data partners; Weatherbit.io and BreezoMeter and published by it from time to time, without DailyBreath or any other professional person monitoring, examining or validating such information, and without any verification if such information is true, complete or accurate.

Since the information displayed within the Service is received from third parties, such information may appear in a delay and/or may be partial or inaccurate. The information displayed within the Service does not replace any examination for concentration of pollution elements, by the authorized institutions according to the laws of national governments for which weather, pollution, and pollen data is included (USA, Canada, UK, Ireland, Australia, and New Zealand) and/or by any other authorized services providers. Such information does not constitute any consultation, opinion, diagnosis, and/or recommendation of any kind, and may not be based upon for any purposes whatsoever.

The Service is for your personal use only, and you are not permitted to use the Service for any commercial activity and/or for any other purpose, Without derogating from the foregoing it is clarified, that you are not entitled to use any information displayed within the Service in industrial areas, labs, research facilities, construction sites and factory courtyards, as such terms are defined in the Israeli Work Safety Ordinance (new addition) 5730 – 1970 and the Israeli Work Safety Regulations (environmental monitoring and biological monitoring of employees in harmful elements).

You are not entitled to copy, distribute, duplicate, publish or transfer to third parties any information displayed within the Service, or any part thereof, nor to change, publish, broadcast, transfer, sell, distribute or make any commercial use with any information displayed within the Service, or any part thereof.

To the extent you are willing to use DailyBreath application on your smartphone, you hereby acknowledge that DailyBreath may gather non-personal information about the physical location of your smartphone, in order to provide you the Service customized per your location. You can prevent the sharing of your smartphone location through your smartphone’s settings, however, please note that by preventing such sharing, DailyBreath may not be able to provide you the Service or any part thereof. All rights in and to the Service, including without limitation any tradenames, trademarks, patents, design, commercial secrets, copyrights and other intellectual property rights, whether registered or not, are and shall be exclusively owned by DailyBreath, and you shall not have any right and/or claim and/or demand in connection therewith.

Without derogating from the foregoing it is clarified, that any information, opinion, recommendation, invention and/or feedback that you may provide DailyBreath in connection with the Service and/or your experience while using the Service, including without limitation any improvement, revision, modification or adjustment that may be made by DailyBreath as a result thereof, shall be the exclusively property of DailyBreath, and you shall not have any right and/or claim and/or demand with respect thereto.

You acknowledge that DailyBreath reserves the right to change and/or update the Service and/or its structure and/or its design, as well as its scope and/or availability, all at its sole discretion.

DailyBreath reserves the right to limit or cease the Service at any given time, in whole or part, for a limited or unlimited period of time, all at DailyBreath’s sole discretion, including without limitation, in order to perform construction maintenance and/or setup activates with regard to the Services and/or any of its systems.

DailyBreath, its management, its employees and/or anyone acting on its behalf or in its name, will not be liable for any damage or loss of any kind, whether direct or indirect, including but not limited incidental, special, consequential or exemplary damages, that may be caused to any user of the Services or to other third party, in connection with the Services, the use of the Service and/or any information displayed within the Service, including without limitation in connection with any limitation, cessation or discontinuation of the Service, temporarily or permanently. By using the Services you hereby irrevocable waive any claim and/or demand with respect thereto.

DailyBreath reserves the right to change or modify, from time to time, at its sole discretion, these Terms of Use. Posting the modified Terms of Use on DailyBreath’s application or website will give effect to the revised terms within 14 days as of such posting. Thereafter, your continuing use of the Services will constitute your expressed agreement to abide by such revised terms. If you do not agree to the modified Terms of Use, you are not entitled to continue using of the Service.

This Agreement will be governed by the laws of the Commonwealth of Virginia, U.S.A. The sole and exclusive jurisdiction for any dispute in connection with these Terms of Use will be the competent courts of Fairfax County, Commonwealth of Virginia, U.S.A.