Effective Date: July 7, 2025
Welcome to FatNap.app! These Terms of Service ("Terms") govern your access to and use of the FatNap.app website (the "Website") and the FatNap.app mobile application (the "App"), collectively referred to as the "Service." The Service is provided by FatNap, Inc. ("FatNap," "we," "us," or "our").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
By creating an account, accessing, or using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
FatNap.app provides tools and features designed to help users improve their breathing through the use of their device's speaker and microphone. The Service may include, but is not limited to, guided breathing exercises, audio feedback, and progress tracking.
THE FATNAP.APP SERVICE IS NOT A MEDICAL DEVICE AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. THE INFORMATION AND FEATURES PROVIDED BY THE SERVICE ARE FOR INFORMATIONAL AND WELLNESS PURPOSES ONLY AND DO NOT CONSTITUTE MEDICAL ADVICE. ALWAYS CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE MAKING ANY DECISIONS ABOUT YOUR HEALTH OR STARTING ANY NEW HEALTH OR WELLNESS PROGRAM.
FatNap is not responsible for any health problems that may arise from the use of the Service. Your use of the Service is at your own risk.
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and disclose information about you, including your audio data from your device's microphone and speaker. By using the Service, you consent to our collection, use, and disclosure of your information as described in the Privacy Policy.
The FatNap.app Service requires access to your device's speaker and microphone to function as intended. By using the Service, you grant FatNap permission to access and use these features on your device. We will only access and use your speaker and microphone in accordance with our Privacy Policy and solely for the purpose of providing the breathing assistance features of the Service.
You agree not to:
All content, features, and functionality of the Service, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the exclusive property of FatNap or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
FatNap may offer various incentive programs, which may include:
FatNap reserves the right to modify, suspend, or terminate any incentive program at any time without prior notice. Incentives are not guaranteed and may be subject to eligibility requirements and limitations.
The Service may contain links to third-party websites or services that are not owned or controlled by FatNap. FatNap has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that FatNap 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 websites or services.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FATNAP, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. FATNAP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FATNAP, INC., ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, EVEN IF FATNAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL FATNAP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.
You agree to indemnify, defend, and hold harmless FatNap, Inc. and its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your violation of these Terms or your use of the Service.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in New York, New York. You hereby consent to the personal jurisdiction of such courts.
FatNap reserves the right to modify or revise these Terms at any time, in our sole discretion. We will provide notice of any material changes by posting the updated Terms on the Website and in the App, and updating the "Effective Date" at the top of these Terms. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.
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 these Terms shall otherwise remain in full force and effect and enforceable.
These Terms, together with the Privacy Policy and any other policies or agreements expressly incorporated by reference herein, constitute the entire agreement between you and FatNap regarding your use of the Service.
If you have any questions about these Terms, please contact us at: