Terms of Service

If you live in the United States: section 17 contains an arbitration agreement and a class action waiver. They affect how disputes are resolved. You can opt out within 90 days, as section 17 explains.

1. About these terms

These terms are an agreement between you and NYRA Tech Corporation, a Texas corporation (“we”, “us”, “our”). They cover the BetterBreaks desktop app and the betterbreaks.app website (together, “BetterBreaks”).

By creating an account, downloading the app or using BetterBreaks, you agree to these terms. If you do not agree, do not use BetterBreaks.

Our Privacy Policy and Refund Policy form part of these terms.

2. Who can use BetterBreaks

You must be at least 13 years old, or older if the law where you live sets a higher age for using online services without parental consent. If you are under 18, a parent or guardian must agree to these terms for you.

If you use BetterBreaks on behalf of a company, school or other organization, you confirm that you have authority to accept these terms for it. Schools that want students to use BetterBreaks must sign a separate written agreement with us first.

3. Your account

You need a free account to download the app. Give us an email address you control, and keep your sign-in method secure. Tell us promptly if you think someone else has used your account.

Each account is for one person. Do not share your account.

4. Your license to use BetterBreaks

We grant you a personal, non-exclusive, non-transferable and revocable license to install and use BetterBreaks on computers you own or control. You may use it for personal use and at work.

You may not:

• sell, rent, lend or sublicense BetterBreaks;
• copy it, except as needed to install and use it;
• reverse engineer, decompile or disassemble it, except where the law allows this despite these terms;
• bypass license checks, plan limits or the free session limit;
• remove any copyright, trademark or other notices.

Some parts of BetterBreaks may be open-source software. Their own licenses apply to those parts.

5. Ownership

We own BetterBreaks, including its software, design and content. BetterBreaks and its logo are trademarks of NYRA Tech Corporation. These terms do not give you any right to use them.

If you send us ideas or feedback, we may use them without any obligation to you.

6. Plans, prices and payment

Plans

• Free needs no payment card and includes one timer session, so you can try the app.
• Pro is a yearly subscription. It renews automatically each year until you cancel.
• Forever is a single payment. It gives you Pro on every version of BetterBreaks we release, for as long as we continue to make BetterBreaks.

Pro and Forever are not on sale yet. Until they are, we may issue codes that turn on Pro. These terms apply to purchases from the day sales open.

Prices and taxes

Prices are shown on our pricing page in US dollars. Checkout may show the price in your local currency. Sales tax, VAT or GST is calculated at checkout based on where you live.

Who takes the payment

Our order process is run by Paddle.com, which is the merchant of record for all purchases. Paddle takes the payment, handles sales tax and VAT, and sends your receipt. Paddle's buyer terms apply to the purchase itself. These terms apply to the software.

Renewals and price changes

Before each yearly renewal, we email you the renewal date and price. If we raise the Pro price, we tell you by email at least 30 days before the new price applies to your renewal. You can cancel before the renewal date to avoid the charge.

Codes

Codes we issue turn on Pro for the period stated with the code. Codes have no cash value, cannot be sold or transferred, and expire as stated.

7. Canceling and refunds

You can cancel Pro at any time, using the link in your Paddle receipt or by emailing us. Canceling stops the next yearly charge. Pro keeps working until the end of the year you paid for.

You can ask for a full refund within 15 days of any payment, without giving a reason. Our Refund Policy has the details.

Nothing in these terms limits the rights you have under the consumer protection laws of the country where you live.

8. Not medical advice

BetterBreaks reminds you to take breaks. It is not a medical device. It does not diagnose, treat, cure or prevent any condition, and it is not a substitute for advice from a doctor, eye care professional or other qualified clinician.

If you have eye strain, pain or other symptoms, see a qualified professional. If the app suggests movement or stretches, do only what is comfortable for you, and stop if you feel pain.

Research described on our website is about the benefits of taking breaks in general. It does not describe results from using BetterBreaks.

9. Acceptable use

You must not:

• use BetterBreaks for anything unlawful;
• attack, overload, scan or probe our systems;
• access another person's account or data;
• create accounts in bulk or by automated means, including to get extra free sessions;
• interfere with other people's use of BetterBreaks.

10. Updates and changes to BetterBreaks

We release updates to fix problems and improve the app. Some updates may be required to keep using it. We may stop supporting older operating system versions.

We may change or remove features. If we remove a major feature of Pro, you can cancel and we will refund the unused part of your Pro year.

11. Other companies' services

BetterBreaks relies on services from other companies, including Google and Apple for sign-in and Paddle for payments. Their terms apply to your use of their services. We are not responsible for those services.

12. Suspension and termination

You can stop using BetterBreaks at any time. To delete your account, email us from the address on your account.

We may suspend or close your account if you seriously or repeatedly break these terms, if the law requires it, or if it is necessary to protect other users or our systems. We will tell you why, unless the law prevents us.

If we close your account for a reason that is not your fault, or if we stop making BetterBreaks, we will refund the unused part of your Pro year. Forever purchases made in the 12 months before are refunded in full. If we ever stop making BetterBreaks, we will give Forever customers at least 90 days' notice.

Sections 5, 13, 14, 15, 17 and 19 continue to apply after your account ends.

13. Disclaimer

BetterBreaks is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement. We work to keep BetterBreaks running well, but we do not promise that it will be uninterrupted or free of errors, or that it will produce any particular health or productivity result.

14. Limitation of liability

To the fullest extent the law allows, NYRA Tech Corporation and its officers, employees and agents are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill.

Our total liability for all claims relating to BetterBreaks is limited to the greater of the amount you paid us in the 12 months before the claim, or US$100.

Nothing in these terms limits liability for death or personal injury caused by our negligence, for fraud, or for anything else that the law does not allow us to limit.

15. Indemnity

If a third party brings a claim against us because you broke these terms or the law, you agree to cover our reasonable losses and costs from that claim. This section does not apply to consumers in countries where the law does not allow it.

16. Events outside our control

We are not responsible for delays or failures caused by events outside our reasonable control. These include natural disasters, war, government action, and failures of internet, hosting or other third-party services.

17. Disputes and governing law

Talk to us first

If you have a problem, email support@betterbreaks.app. We will try to resolve it with you within 30 days before either of us starts formal proceedings.

Governing law

These terms are governed by the laws of the State of Texas, United States, without regard to its conflict of law rules.

If you live in the United States

If we cannot resolve a dispute informally, you and we agree to resolve it by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration can take place by video, by phone or in Texas.

You and we may bring claims only individually, and not as a plaintiff or class member in any class or representative action. You and we each waive the right to a jury trial.

Either of us may instead bring an individual claim in small claims court, if it qualifies. We may ask a court to stop an infringement of our intellectual property.

You can opt out of this arbitration agreement and class action waiver by emailing us within 90 days of first accepting these terms. Include your name, your account email address and a clear statement that you are opting out.

If you live outside the United States

Disputes will be decided by the state or federal courts located in Texas. If you are a consumer, you keep the protection of the mandatory laws of the country where you live, and you may bring a claim in the courts there.

18. Export and sanctions

You may not use BetterBreaks if you are located in a country subject to US trade sanctions, or if you are on a US government list of restricted parties.

19. Changes to these terms

When we change these terms, we update the effective date at the top. If a change is significant, we email you at least 30 days before it takes effect.

If you do not agree with a change, you can stop using BetterBreaks before it takes effect. If you cancel Pro because of a significant change, we refund the unused part of your Pro year. If you keep using BetterBreaks after a change takes effect, the new terms apply.

20. General

• Entire agreement. These terms, the Privacy Policy and the Refund Policy are the whole agreement between you and us about BetterBreaks.
• Severability. If any part of these terms cannot be enforced, the rest still applies.
• No waiver. If we do not enforce a part of these terms, we have not given up the right to enforce it later.
• Assignment. You may not transfer these terms to anyone else. We may transfer them as part of a merger, acquisition or sale of assets.
• Notices. We send notices to the email address on your account.
• Language. If we provide these terms in another language, the English version applies if the two differ.

21. Contact

NYRA Tech Corporation
support@betterbreaks.app