Terms of Service

Acceptance of Terms

Welcome to Breath Harmony, operated by BREATHE INTUNE LLC, a company registered in the United States with its principal address at 75A Rogers Rd, Kittery, ME 03904-1420. By accessing or using the Breath Harmony website at breathharmony.mom, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not access or use our website or services. These terms constitute a legally binding agreement between you and BREATHE INTUNE LLC. We reserve the right to modify these terms at any time, and your continued use of the site after any changes constitutes acceptance of the updated terms.

Definitions

Throughout these Terms of Service, the following definitions apply. Company refers to BREATHE INTUNE LLC, doing business as Breath Harmony. Services refers to all consulting, design, integration, and managed services offered by the Company. Website refers to breathharmony.mom and all associated subdomains. User refers to any individual or entity accessing the Website or using the Services. Content includes all text, graphics, images, software, and other materials displayed on or made available through the Website. These definitions apply to both singular and plural forms.

Services Description

Breath Harmony provides computer systems design and integration services, including but not limited to systems architecture design, infrastructure integration, security and compliance consulting, cloud and hybrid deployment, and managed system operations. The specific scope, deliverables, timelines, and fees for any engagement will be detailed in a separate service agreement executed between the Company and the client. These Terms of Service govern the general use of our Website and do not replace or supersede any specific service agreement. All Services are provided on an as-available basis, and we reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice.

Intellectual Property Rights

All content, materials, designs, trademarks, and intellectual property displayed on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the property of BREATHE INTUNE LLC or its content suppliers and are protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from the Website without our prior written consent. When we deliver work products as part of a service engagement, ownership and licensing terms will be defined in the applicable service agreement.

User Obligations

As a user of our Website, you agree to provide accurate, current, and complete information when using our contact forms or other interactive features. You agree not to use the Website for any unlawful purpose or in violation of any applicable local, state, national, or international law. You must not attempt to gain unauthorized access to any part of the Website, servers, or networks connected to the Website. You agree not to introduce any viruses, trojans, worms, logic bombs, or other malicious material. You must not engage in any activity that could damage, disable, overburden, or impair the Website or interfere with any other party use of the Website. You must not use any automated means, including robots, scrapers, or similar data mining tools, to access or extract data from the Website without our express written permission.

Limitation of Liability

To the maximum extent permitted by applicable law, BREATHE INTUNE LLC, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Website or Services, whether based on warranty, contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages. Our total liability for any claim arising out of or relating to these Terms or the Website shall not exceed the amount you have paid to us in the twelve months preceding the event giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

Disclaimer of Warranties

The Website and all content, materials, and services provided on or through the Website are provided on an as-is and as-available basis without any warranties of any kind, either express or implied. To the fullest extent permitted by law, BREATHE INTUNE LLC disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Website will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Website or the servers that make it available are free of viruses or other harmful components. No advice or information, whether oral or written, obtained by you from us through the Website shall create any warranty not expressly stated in these Terms.

Indemnification

You agree to indemnify, defend, and hold harmless BREATHE INTUNE LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees, including reasonable attorneys fees, arising out of or relating to your violation of these Terms of Service, your misuse of the Website or any content, your violation of any rights of another party, or your violation of any applicable laws or regulations. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

Third-Party Links

The Website may contain links to third-party websites or services that are not owned or controlled by BREATHE INTUNE LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We encourage you to review the terms and conditions and privacy policies of any third-party websites you visit.

Termination

We reserve the right to terminate or suspend your access to the Website, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service. Upon termination, your right to use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability. If you wish to terminate your use of the Website, you may simply discontinue using the site.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Maine, United States, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the use of the Website shall be resolved exclusively in the state or federal courts located in York County, Maine. You consent to the personal jurisdiction of such courts and waive any objection to venue in those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Dispute Resolution

Before initiating any legal proceeding, you agree to first attempt to resolve any dispute arising out of or relating to these Terms or the Services by contacting us and engaging in good faith negotiations for a period of at least thirty days. If the dispute cannot be resolved through negotiations, the parties agree to submit the dispute to mediation in York County, Maine, before resorting to litigation. The prevailing party in any legal action shall be entitled to recover its reasonable attorneys fees and costs. Any cause of action arising out of or related to these Terms must be commenced within one year after the cause of action accrues; otherwise, such cause of action is permanently barred.

Severability

If any provision of these Terms of Service is found to be unenforceable or invalid under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect. The failure of BREATHE INTUNE LLC to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. These Terms constitute the entire agreement between you and BREATHE INTUNE LLC regarding your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at:

BREATHE INTUNE LLC
75A Rogers Rd
Kittery, ME 03904-1420
United States

Email: shane@breathharmony.mom
Phone: +1 (319) 983-0666