Terms of Service — Deep Breath

Effective Date: May 5, 2026 Last Updated: May 5, 2026

These Terms of Service ("Terms") govern your use of the Deep Breath mobile application for iOS (the "App"). Please read them carefully. Section 14 (Health and Safety Disclaimers), Section 15 (Limitation of Liability), and Section 18 (Dispute Resolution) contain important provisions that affect your legal rights, including a binding arbitration clause and a class action waiver.

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1. Introduction and Acceptance

1.1 The parties. These Terms form a legally binding agreement between you and James Montgomery Design Inc., a corporation incorporated under the laws of the Province of British Columbia, Canada, operating as Satellite Design Studio ("Company," "we," "us," or "our").

1.2 The Service. These Terms govern your download, installation, and use of the Deep Breath mobile application for iOS, including all updates, features, content, and documentation provided with it (collectively, the "App" or the "Service").

1.3 Acceptance by use. By downloading, installing, or using the App, or by tapping "I Understand and Agree" on the in-app safety acknowledgment screen, you:

• (a) confirm that you have read, understood, and agree to be bound by these Terms;
• (b) confirm that you have read and agree to our Privacy Policy (jamesmontgomerydesign.com/deepbreath/#privacy); and
• (c) acknowledge that the Apple Licensed Application End User License Agreement (the "Apple EULA") also applies to your use of the App.

1.4 The agreement. Your agreement with us consists of (i) these Terms, (ii) our Privacy Policy, and (iii) the Apple EULA, which together constitute the entire agreement between you and the Company regarding the App. If there is a conflict between these Terms and the Apple EULA, the Apple EULA controls solely with respect to the matters Apple has required be governed by the Apple EULA; in all other respects, these Terms control.

1.5 If you do not agree. If you do not agree to these Terms, you must not download, install, or use the App.

1.6 Contact.

James Montgomery Design Inc. (operating as Satellite Design Studio)

Legal notices: hello@jamesmontgomerydesign.com

General support: hello@jamesmontgomerydesign.com

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2. Definitions

In these Terms:

• "App" or "Service" means the Deep Breath mobile application for iOS, including all updates, features, and content provided with it.
• "Apple" means Apple Inc. and its subsidiaries.
• "Apple EULA" means the Licensed Application End User License Agreement made available by Apple for apps distributed through the App Store.
• "Company," "we," "us," and "our" mean James Montgomery Design Inc.
• "Content" means text, images, graphics, audio, video, logos, design, software, and all other materials made available in or through the App.
• "Device" means the Apple iOS-compatible device on which you install the App.
• "Terms" means these Terms of Service, as amended from time to time in accordance with Section 20.
• "User," "you," and "your" mean the natural person using the App.

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3. Eligibility

3.1 Minimum age. The App is intended for users who are at least 16 years of age, consistent with the App Store age rating of 16+. By using the App, you represent and warrant that you are at least 16 years old. If you are under the age of majority in your jurisdiction, you must have the consent of a parent or legal guardian to use the App, and that parent or legal guardian must agree to these Terms on your behalf.

3.2 Legal capacity. You represent and warrant that you have the full legal capacity to enter into a binding contract in your jurisdiction.

3.3 Compliance with local laws. You are responsible for complying with all laws, regulations, and rules applicable to your use of the App in your jurisdiction. You must not use the App in any jurisdiction where doing so would violate applicable law.

3.4 Medical suitability. You further represent that, before using the App, you will consult a qualified physician if you have any condition listed in Section 14.4 or any other condition that could be affected by changes in breathing patterns, oxygen levels, or carbon dioxide levels.

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4. Description of the App

4.1 What the App is. Deep Breath is a mobile application that provides self-guided breathwork exercises and educational content. Its features include:

• (a) Breathing modes, including Box Breath, CO₂ Table, O₂ Table, Air Save, and Breath-Up, each presenting a timed breathing pattern with animated guidance;
• (b) Static apnea training, with configurable breath-hold intervals, round counts, and personal-best tracking;
• (c) Pre-dive routine builder, allowing the user to sequence warm-up, breathing, visualization, and final-preparation stages;
• (d) Equalization training with written instructional content on the Valsalva, Frenzel, and Mouthfill techniques and associated practice drills;
• (e) Mammalian dive reflex (MDR) conditioning, with three progressive levels of vagal-breathing and breath-hold drills;
• (f) Advanced training, supplementing the core modes with additional practice structures;
• (g) Quiz overlay, offering optional in-session focus challenges;
• (h) Session history and progress tracking, including optional user profile information (name, age, gender, height, and weight) used to generate on-device estimates of vital capacity and gas consumption;
• (i) Aquarium reward system, unlocking decorative on-screen creatures based on streak milestones;
• (j) Live breath amplitude measurement using the device's microphone, producing on-screen "breath strength" and "exhale consistency" metrics without recording or retaining audio; and
• (k) Audio and haptic feedback, including ambient background audio, gong and bubble cues, and optional haptics.

4.2 Target audience. The App is designed for use by adult breathwork practitioners, including scuba divers and freedivers, for on-land training and preparation.

4.3 What the App is not. The App is a self-guided practice tool. It is not:

• (a) a medical device or a source of medical advice, diagnosis, or treatment;
• (b) a substitute for certified freediving, scuba, apnea, breathwork, or any other in-person instruction;
• (c) a replacement for in-water supervision by a qualified buddy or instructor;
• (d) a substitute for consultation with a qualified physician; or
• (e) endorsed, reviewed, or certified by any medical, diving, or regulatory body.

The App is intended to be used on land, in a safe seated or lying position, in a safe environment, away from water and other hazards.

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5. User Accounts

5.1 No accounts. The App does not require you to create an account, sign in, or provide identifying information to use it. All information you enter (including optional profile information) is stored locally on your Device, as further described in our Privacy Policy.

5.2 Your Device. You are responsible for the security of your Device and for any use of the App through your Device. You agree to take reasonable steps to protect your Device from unauthorized access.

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6. Purchase, Payment, and Refunds

6.1 One-time purchase. The App is made available as a one-time paid purchase through the Apple App Store. You pay once and receive a license to use the version of the App you purchased, subject to these Terms. The App is not a subscription, and there are no recurring charges, auto-renewals, or ongoing payments of any kind.

6.2 Price. The price of the App is the amount shown on the App Store at the time of your purchase. Apple may display the price in your local currency and may apply taxes or fees in accordance with its own policies. Any future change in the price of the App will not affect purchasers who acquired the App before that change took effect.

6.3 Payment. All payment processing is handled by Apple. We do not receive, process, or store your payment details. Your purchase is governed by Apple's then-current terms, including the Apple Media Services Terms and Conditions and any applicable payment or tax policies.

6.4 Refunds. All refund requests are handled by Apple in accordance with Apple's then-current refund policies. The Company does not process refunds directly and has no ability to issue refunds outside Apple's process. You may request a refund through Apple using the tools Apple makes available (for example, reportaproblem.apple.com).

6.5 No in-app purchases. The App does not currently offer any in-app purchases, add-ons, or consumable products. Nothing in the App requires any payment beyond the one-time purchase price paid through the App Store.

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7. License Grant and Restrictions

7.1 License. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on an Apple-branded Device that you own or control, and as permitted by the Apple EULA, for your personal, non-commercial use.

7.2 Perpetual for the purchased version. Your license to the version of the App you purchased is perpetual, subject to your continued compliance with these Terms and to our right to terminate under Section 17. We are not obligated to make future versions of the App available to you at no additional charge, although updates issued through the App Store under your existing purchase will be made available under the terms then applicable.

7.3 Restrictions. You will not, and will not permit any third party to:

• (a) copy, modify, adapt, translate, or create derivative works of the App or its Content, except as expressly permitted by these Terms or applicable law;
• (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the App, except to the extent this restriction is prohibited by applicable law;
• (c) rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the App or any rights in it;
• (d) remove, obscure, or alter any proprietary notice, mark, or label on or in the App;
• (e) circumvent, disable, or interfere with security-related features of the App;
• (f) use the App to develop or train any machine-learning model, artificial-intelligence system, or competing product;
• (g) scrape, harvest, or extract data from the App by automated means;
• (h) use the App to build, benchmark, or support any product or service that competes with the App; or
• (i) use the App in any manner that violates applicable law or the rights of others.

7.4 Apple EULA. The Apple EULA is incorporated by reference. In the event of a conflict between Section 7 of these Terms and the Apple EULA, the more restrictive provision applies, except where the Apple EULA requires otherwise.

7.5 Reservation of rights. All rights not expressly granted to you under these Terms are reserved by the Company and its licensors.

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8. Updates to the App

8.1 Updates. From time to time, the Company may release updates, upgrades, patches, or new versions of the App. Updates may add, modify, remove, or change features, functionality, or Content.

8.2 Installation. Updates are distributed through the Apple App Store, and your installation of updates is governed by your App Store settings and the Apple EULA. You are responsible for installing updates and for ensuring your Device meets the then-current system requirements.

8.3 No obligation of backward compatibility. We do not guarantee that the App will continue to function on all iOS versions or Device models indefinitely. We may require a minimum iOS version or Device generation for current and future versions of the App, and your continued use of the App may require you to update your iOS version or Device.

8.4 Acceptance of updated features. Your continued use of the App following the installation of an update constitutes your acceptance of the updated version.

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9. User Content

9.1 Device-local data. The App does not upload, publish, or transmit your information to the Company's servers. Any data you enter into the App — including optional profile information (name, age, gender, height, and weight), session records, and App settings — is stored on your Device and (where applicable) in Device-level backups you configure through iOS.

9.2 No user uploads. The App does not currently allow you to upload, publish, share, or transmit content to the Company or to other users. There are no social or community features.

9.3 Your responsibility for your data. You are solely responsible for the accuracy of any information you enter into the App and for maintaining backups of that information through iOS Device backup mechanisms. The Company is not responsible for any loss of information stored on your Device, including information lost through Device damage, loss, theft, reset, reinstallation of the App, or iOS system changes.

9.4 Feedback. If you send us feedback, suggestions, or ideas about the App (for example, by emailing hello@jamesmontgomerydesign.com), you grant the Company a worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, and incorporate that feedback for any purpose, without obligation to you. Nothing in this Section obliges us to act on feedback you provide or to keep it confidential.

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10. Acceptable Use

10.1 Prohibited conduct. You will not use the App to:

• (a) violate any applicable law, regulation, or third-party right;
• (b) attempt to gain unauthorized access to the App, other users' Devices, or any Company system;
• (c) interfere with or disrupt the integrity or performance of the App;
• (d) distribute malware, viruses, or other malicious code;
• (e) engage in conduct that could cause damage, disability, or impairment to the App or to any user;
• (f) impersonate any person or misrepresent your identity or affiliation; or
• (g) use the App in any way that could facilitate unsafe, reckless, or unlawful breath-hold practices, including in-water practices without a trained buddy (see Section 14).

10.2 Reservation. We reserve the right to take any action we reasonably consider necessary to enforce these Terms or to protect the App or other users, including suspending or terminating your license in accordance with Section 17.

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11. Intellectual Property

11.1 Ownership. The App, all Content contained in or made available through the App (including without limitation text, instructional copy, audio, video, images, icons, design, animations, creature artwork, code, trademarks, trade dress, and visual identity), and all associated intellectual property rights are owned by the Company or its licensors. All rights are reserved.

11.2 Trademarks. "Deep Breath," "James Montgomery Design," "Satellite Design Studio," and associated logos and marks are trademarks of the Company (whether or not registered). You may not use these trademarks without our prior written consent.

11.3 No implied licenses. Except for the limited license in Section 7.1, nothing in these Terms grants you any right, title, or interest in or to the App, the Content, or any intellectual property of the Company or its licensors.

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12. Third-Party Services

12.1 Apple platform. The App is distributed through the Apple App Store and runs on Apple's iOS operating system. Your use of the App is subject to Apple's applicable terms, including the Apple EULA and the Apple Media Services Terms and Conditions. The Company is not responsible for any act or omission of Apple or any interruption, limitation, or change to the Apple platform.

12.2 No third-party SDKs. As of the Effective Date, the App does not incorporate third-party analytics, advertising, crash-reporting, or tracking software development kits. The App does not transmit usage data or telemetry to any third-party service.

12.3 External links. The App may include links that, when tapped, open external websites (for example, our published Privacy Policy or these Terms) in your system browser. Those websites are operated by us or by third-party providers in accordance with their own terms. We are not responsible for the content, practices, or availability of any external website, and your use of those websites is at your own risk.

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13. Privacy

13.1 Privacy Policy. Our collection, use, storage, and disclosure of information in connection with the App is described in our Privacy Policy, available at jamesmontgomerydesign.com/deepbreath/#privacy. By using the App, you acknowledge that you have read and understood the Privacy Policy.

13.2 Device-local design. The App is designed so that the information you enter remains on your Device. The microphone input used for live breath-amplitude measurement is analyzed in real time on your Device and is not recorded, retained, or transmitted.

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14. Health and Safety Disclaimers

READ THIS SECTION CAREFULLY. YOUR USE OF THE APP IS CONDITIONAL ON YOUR ACCEPTANCE OF THE DISCLAIMERS AND ACKNOWLEDGMENTS IN THIS SECTION.

14.1 "AS IS" and "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND FREEDOM FROM ERROR. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

14.2 Health and wellness disclaimer. The App provides breathwork exercises and general educational content for wellness and self-practice purposes only. The App does not provide medical advice, diagnosis, treatment, or any form of clinical guidance. The Content has not been reviewed, endorsed, certified, or evaluated by any medical professional, regulatory body, or public health authority. You must not rely on the App for any medical decision. Always seek the advice of a qualified physician or healthcare professional with any questions you have regarding a medical condition or before beginning any breathing or physical exercise program.

14.3 Breath-hold and diving disclaimer. Breath-hold practices carry serious and potentially fatal risks, including shallow water blackout, hypoxic blackout, hyperventilation-induced syncope, cardiac events, loss of consciousness, brain injury, and death. These risks are most severe when breath-holds are practiced in, on, or near water, and they can occur suddenly and without warning. The App does not substitute for certified freediving, scuba, apnea, or breathwork instruction from a recognized training agency. Any in-water breath-hold practice requires qualified in-person instruction, a trained buddy, and adherence to the safety standards of a recognized agency.

14.4 Medical conditions. You must consult a qualified physician before using the App if you have any of the following, or any other condition that could be affected by changes in breathing, oxygenation, carbon dioxide levels, intrathoracic pressure, or autonomic activity:

• cardiovascular disease, arrhythmia, hypertension, or history of heart attack or stroke;
• respiratory disease, asthma, COPD, or other pulmonary condition;
• pregnancy;
• history of seizures, epilepsy, or fainting;
• panic disorder, anxiety disorder, or post-traumatic stress disorder;
• ear, nose, throat, or sinus conditions that could be affected by equalization;
• any condition for which you have been advised to avoid breath-holding, hyperventilation, or vigorous breathing exercises.

14.5 Physical environment. Breathwork can cause dizziness, lightheadedness, tingling, visual changes, fainting, or loss of consciousness. You agree to use the App only in a safe, stable seated or lying position, in a safe environment, and you agree never to use the App while:

• in, on, or near water (including pools, bathtubs, lakes, rivers, oceans, or any other body of water);
• at a height from which falling could cause injury;
• driving or operating a motor vehicle, boat, or aircraft;
• operating machinery, tools, or equipment;
• in any other environment where loss of consciousness, dizziness, or distraction could cause injury to you or to others.

14.6 Binding safety acknowledgments. Before first use, the App requires you to affirmatively acknowledge four safety statements. Those statements are incorporated into these Terms and bind you as contractual obligations. By using the App you reaffirm each of the following:

• (a) Never practice breath-holds alone in or near water. Shallow water blackout can cause loss of consciousness without warning and is a leading cause of death in freediving. You will never practice breath-holds alone in or near water, including pools, bathtubs, or open water. A trained buddy must always be present.
• (b) The App is not a substitute for certified instruction. Deep Breath provides breathwork exercises for general practice. It does not replace certified freediving or scuba instruction. For in-water breath-hold training, you will seek qualified instruction from a recognized agency.
• (c) Consult a physician if you have relevant medical conditions. You will consult a physician before starting breathwork if you have any of the conditions described in Section 14.4, including cardiovascular disease, respiratory conditions, pregnancy, history of seizures, panic disorder, or any condition affected by changes in breathing or oxygen levels.
• (d) Use at your own risk. You use the App at your own risk. Deep Breath, James Montgomery Design Inc., and its operators are not liable for injury, illness, or death arising from your use of the App. You understand that breathwork can induce dizziness, lightheadedness, fainting, or loss of consciousness, and you will practice only in a safe seated or lying position away from water, heights, or hazards.

14.7 Assumption of risk. You acknowledge that the use of breathing techniques, breath-holding, apnea, hyperventilation, and related practices carries inherent and substantial risk. You knowingly and voluntarily assume all such risks arising from or related to your use of the App, whether inside or outside the scope intended by the App.

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15. Limitation of Liability

15.1 Exclusion of indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE PRODUCTS OR SERVICES — ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Exclusion of liability for personal injury. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY PERSONAL INJURY, ILLNESS, DISABILITY, EMOTIONAL DISTRESS, OR DEATH ARISING FROM OR RELATED TO YOUR PRACTICE OF BREATHWORK, BREATH-HOLDING, APNEA, OR ANY OTHER TECHNIQUE PRESENTED IN, INSPIRED BY, OR ATTEMPTED IN CONNECTION WITH THE APP, WHETHER PRACTICED INSIDE OR OUTSIDE THE SCOPE INTENDED BY THE APP AND WHETHER OR NOT THE INJURY WAS FORESEEABLE.

15.3 Aggregate cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU ACTUALLY PAID TO APPLE FOR THE APP; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

15.4 Basis of the bargain. You acknowledge that the disclaimers and limitations in Sections 14 and 15 are a fundamental basis of the bargain between you and the Company, that the price you paid for the App reflects the allocation of risk set out in these Terms, and that we would not provide the App to you on any other basis.

15.5 Failure of essential purpose. The limitations in this Section 15 apply even if any limited remedy fails of its essential purpose.

15.6 Jurisdictional exceptions. Some jurisdictions do not allow the exclusion or limitation of certain warranties, damages, or liabilities. If any exclusion or limitation in Sections 14 or 15 is held to be unenforceable in your jurisdiction, that exclusion or limitation will apply to the maximum extent permitted by applicable law, and the remaining provisions will continue in full force and effect. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including (without limitation) non-excludable consumer protections under the British Columbia Business Practices and Consumer Protection Act, the United Kingdom Consumer Rights Act 2015, the European Union Consumer Rights Directive, or applicable laws regarding personal injury or death caused by gross negligence or willful misconduct.

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16. Indemnification

16.1 Your indemnity. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company and its directors, officers, employees, agents, contractors, and licensors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to:

• (a) your breach of these Terms;
• (b) your use or misuse of the App;
• (c) your violation of any law or regulation or of any right of any third party;
• (d) your practice of breathwork, breath-holding, apnea, or any related technique, including practice conducted in, on, or near water, at height, in a vehicle, or in any other environment prohibited by Section 14.5;
• (e) any injury, illness, or death sustained by you or by any third party as a result of your practice of techniques described in, inspired by, or attempted in connection with the App; and
• (f) your reliance on the App for any medical, diving, or training decision.

16.2 Control of defense. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, in which case you agree to cooperate with our defense of that matter. You will not settle any claim without our prior written consent.

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17. Termination

17.1 Termination by you. You may terminate these Terms at any time by uninstalling the App from your Device and ceasing all use of the App.

17.2 Termination by the Company. We may suspend or terminate your license to use the App, or discontinue the App in whole or in part, at any time and for any reason, including if we reasonably believe you have breached these Terms. We will make reasonable efforts to notify you through the App Store or through the App where practicable.

17.3 Effect of termination. Upon termination, your right to use the App ends immediately, and you must uninstall the App from all Devices. Termination does not entitle you to a refund, except as required by Apple's refund policies or by applicable law.

17.4 Survival. Sections 2, 7.3, 9.3, 9.4, 10, 11, 13, 14, 15, 16, 17.3, 17.4, 18, 19, 20, and 21 survive termination of these Terms.

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18. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED BY INDIVIDUAL, BINDING ARBITRATION AND CONTAINS A CLASS ACTION WAIVER. YOU MAY OPT OUT UNDER SECTION 18.7.

18.1 Informal resolution. Before initiating any formal dispute-resolution procedure, the parties agree to attempt, in good faith, to resolve any dispute, claim, or controversy arising out of or related to these Terms or the App (a "Dispute") through informal negotiation. You agree to first contact us at hello@jamesmontgomerydesign.com with a written description of the Dispute, and the parties will have thirty (30) days to attempt to resolve the Dispute informally.

18.2 Binding arbitration. If the Dispute is not resolved within the 30-day informal-resolution period, the Dispute will be resolved by final and binding arbitration, except as set out in Sections 18.5 and 18.7. The parties waive any right to a trial by judge or jury and any right to appeal except as permitted under the rules of the arbitral body.

18.3 Arbitration body and rules. Arbitration will be administered by the ADR Institute of Canada, Inc. (ADRIC) in accordance with its Arbitration Rules then in effect (the "Rules"). If ADRIC is unavailable, the parties will select an equivalent arbitral body by mutual agreement.

18.4 Seat, language, and arbitrator. The seat (legal place) of arbitration will be Vancouver, British Columbia, Canada. The language of the arbitration will be English. The arbitration will be conducted by a single arbitrator selected in accordance with the Rules. Where permitted by the Rules and by applicable law, the arbitration may be conducted remotely.

18.5 Small claims exception. Notwithstanding Section 18.2, either party may bring an individual claim in any small claims court with jurisdiction and proper venue, provided that the claim remains individual and non-representative in that forum.

18.6 Class action waiver. YOU AND THE COMPANY AGREE THAT ANY DISPUTE WILL BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this Section 18.6 is held to be unenforceable with respect to any Dispute, that Dispute will be severed from arbitration and resolved in a court of competent jurisdiction under Section 19, and the remainder of the arbitration obligations in this Section 18 will continue to apply.

18.7 Opt-out. You may opt out of the arbitration and class-action-waiver provisions in Sections 18.2 through 18.6 by sending written notice of your decision to opt out to hello@jamesmontgomerydesign.com within thirty (30) days of the date you first accept these Terms. The notice must include your name, the email address associated with your App Store purchase (if any), the date you first accepted these Terms, and a clear statement that you wish to opt out of arbitration. If you opt out, Disputes will be resolved in the courts identified in Section 19. Opting out of arbitration does not affect any other provision of these Terms.

18.8 Confidentiality. The parties will keep the arbitration proceedings confidential, except to the extent disclosure is required by law or to enforce or challenge an award.

18.9 Time limit. Any Dispute must be commenced within one (1) year after the cause of action arose, to the extent permitted by applicable law. Disputes not commenced within that period are permanently barred.

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19. Governing Law and Jurisdiction

19.1 Governing law. These Terms, and any Dispute arising out of or related to them or to the App, are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable in that province, without regard to conflict-of-laws principles.

19.2 Forum. Subject to Section 18 (which requires most Disputes to be resolved by arbitration), you and the Company agree to submit to the exclusive jurisdiction of the courts located in Vancouver, British Columbia, Canada for any judicial proceeding permitted under these Terms.

19.3 UN sales convention. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

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20. Changes to These Terms

20.1 Modifications. 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 and post the revised Terms at jamesmontgomerydesign.com/deepbreath/#terms. Where we reasonably consider the changes to be material, we will provide additional notice through the App, through the App Store listing, or by any other reasonable means.

20.2 Acceptance of changes. Your continued use of the App after the effective date of any change constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App and uninstall it from your Device.

20.3 Material changes and re-acknowledgment. For changes we reasonably consider material, we may require you to re-acknowledge the in-app safety acknowledgments or to accept the revised Terms before continuing to use the App.

20.4 No retroactive application. No change to these Terms will apply retroactively to any Dispute of which either party had actual notice before the effective date of the change.

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21. Apple-Specific Terms

This Section 21 applies solely to the extent you obtained the App through the Apple App Store.

21.1 Parties. You acknowledge that these Terms are concluded between you and the Company only, and not with Apple. The Company, not Apple, is solely responsible for the App and its Content.

21.2 Scope of license. The license granted to you in Section 7.1 is limited to a non-transferable license to use the App on any Apple-branded product that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing where permitted by Apple.

21.3 Maintenance and support. The Company is solely responsible for providing any maintenance and support services with respect to the App, as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.

21.4 Warranty. The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Company's sole responsibility.

21.5 Product claims. The Company, not Apple, is responsible for addressing any claims relating to the App or your possession and use of it, including (but not limited to): (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of any HealthKit or HomeKit framework (noting that, as of the Effective Date, the App does not use HealthKit or HomeKit).

21.6 Intellectual property claims. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

21.7 Legal compliance. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

21.8 Apple as third-party beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

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22. General Provisions

22.1 Entire agreement. These Terms, together with our Privacy Policy and the Apple EULA, constitute the entire agreement between you and the Company regarding the App and supersede all prior or contemporaneous agreements, understandings, and representations relating to the App.

22.2 Severability. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect.

22.3 No waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of the Company.

22.4 Assignment. You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction. Any attempted assignment in violation of this Section is void.

22.5 Force majeure. We will not be liable for any delay or failure to perform any obligation under these Terms resulting from causes beyond our reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil disturbance, labour disputes, governmental action, power or network failures, or acts or omissions of Apple or other third parties.

22.6 Notices. Any legal notice to the Company must be sent to hello@jamesmontgomerydesign.com and, unless we have agreed otherwise in writing, will be effective only when actually received. We may provide notice to you through the App, through the App Store, or by any other method we reasonably choose.

22.7 Relationship of parties. Nothing in these Terms creates any agency, partnership, joint venture, franchise, or employment relationship between you and the Company. Neither party has the authority to bind the other.

22.8 Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.

22.9 Interpretation. The words "including," "include," and "includes" are to be read as if followed by the phrase "without limitation." References to statutes include amendments and successor statutes.

22.10 Language. These Terms are drafted in English. Any translation is provided for convenience only. In the event of a conflict between the English version and a translation, the English version controls.

22.11 Electronic acceptance. You agree that these Terms may be accepted electronically and that your electronic acceptance has the same legal force and effect as a handwritten signature.

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23. Contact Information

Questions about these Terms or the App may be directed to:

James Montgomery Design Inc. (operating as Satellite Design Studio)

Legal notices: hello@jamesmontgomerydesign.com

General support: hello@jamesmontgomerydesign.com

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© James Montgomery Design Inc. All rights reserved.

Privacy Policy — Deep Breath

Effective Date: May 5, 2026 Last Updated: May 5, 2026

This Privacy Policy describes how James Montgomery Design Inc. (operating as Satellite Design Studio) (the "Company," "we," "us," or "our") handles information in connection with the Deep Breath mobile application for iOS (the "App").

We have designed the App so that your information stays on your device. We do not run a backend server, we do not use analytics, and we do not transmit your usage data to ourselves or to any third party. This Privacy Policy explains what that means in detail.

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1. Summary

• We do not operate a backend server. The App stores everything you enter on your device.
• We do not collect analytics, telemetry, crash reports, or behavioural data.
• We do not use third-party advertising, tracking, or marketing software development kits.
• The microphone is used only to measure live breath amplitude on your device. No audio is recorded, retained, or transmitted.
• The App's only outbound network call is opening this website in your system browser when you tap a legal-links button.
• Apple receives standard purchase metadata when you buy the App through the App Store. That information is governed by Apple's Privacy Policy, not ours.

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2. Scope

This Privacy Policy applies to your use of the Deep Breath mobile application for iOS. It does not apply to:

• (a) third-party services, including the Apple App Store and Apple's broader iOS ecosystem;
• (b) any future websites, services, or applications we may operate, which would be governed by their own privacy notices; or
• (c) information you choose to share with us directly outside the App (for example, by emailing support).

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3. Information You Enter Into the App

The App does not require an account. You can use it without providing any identifying information. If you choose to use optional features, you may enter the following on your device:

• Profile information — name, age, gender, height, and weight. This is used only to compute on-device estimates of vital capacity (using the Baldwin Equation) and gas consumption during your sessions.
• Session settings — your preferred breathing modes, timer durations, sound preferences, and similar app settings.
• Session history — records of breathing exercises you complete, including duration, breath count, and any results displayed at the end of a session.
• Streak and progress data — your training streak and any unlocked aquarium creatures.

All of the above is stored locally on your device using Apple's SwiftData and UserDefaults frameworks. None of it is transmitted to us or to any third party. We do not have access to it.

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4. Microphone

The App uses your device's microphone to measure live breath amplitude during certain exercises. The audio buffer is processed in real time on your device to derive numeric metrics ("breath strength" and "exhale consistency") that are displayed on screen.

• The audio buffer is discarded immediately after the metrics are computed.
• We do not record, save, store, or transmit any audio.
• No audio file is created, retained, or sent to us, to Apple, or to any third party.
• Microphone access is requested through iOS's standard permission prompt and can be revoked at any time in Settings → Privacy & Security → Microphone. The App will continue to function without microphone access; the breath-amplitude metrics will simply be unavailable.

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5. Information We Collect

We do not operate a server, and the App does not transmit data to us. We therefore do not collect:

• usage analytics or telemetry of any kind;
• crash reports;
• device identifiers (IDFA, IDFV, device fingerprints);
• IP addresses;
• location data;
• contacts, photos, or other content from your device;
• audio recordings;
• HealthKit data (the App does not request HealthKit access); or
• iCloud or CloudKit data (the App does not sync to iCloud).

The App does not include any third-party analytics, advertising, marketing, attribution, crash-reporting, A/B-testing, or tracking software development kits.

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6. Network Activity

The App makes one type of outbound network call: when you tap a legal-links button in the safety acknowledgment screen or settings, iOS opens this website in your system browser. That action is initiated by you and is functionally identical to typing the URL into your browser. We do not pre-load, prefetch, or otherwise contact this website from inside the App.

We do not run analytics on this website either. The website is statically hosted on Netlify; Netlify may log standard request metadata (IP address, user-agent, requested URL, timestamp) for the purposes of operating the hosting service. That logging is governed by Netlify's privacy practices.

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7. Apple App Store

When you purchase or download the App through the Apple App Store, Apple receives the information necessary to process the transaction and deliver the App to your device. That information is collected and processed by Apple in accordance with Apple's Privacy Policy (https://www.apple.com/legal/privacy/), and is outside our control. We do not receive your payment details. We may receive aggregate, anonymized sales reporting from Apple that does not identify you.

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8. Children's Privacy

The App is intended for users 16 years of age or older, consistent with its App Store age rating of 16+ and the safety considerations described in our Terms of Service. We do not knowingly collect any information from children under 13 (or the equivalent minimum age in your jurisdiction). Because the App does not collect or transmit information to us at all, we do not maintain databases of user information of any age.

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9. Your Choices and How to Delete Your Data

Because all data the App stores about you is local to your device, you control it directly:

• To remove all data the App has stored, delete the App from your device. iOS will remove the App's local data, including SwiftData and UserDefaults storage. This is irreversible.
• To prevent microphone use, revoke microphone permission in Settings → Privacy & Security → Microphone → Deep Breath.
• To prevent the App from appearing in iOS device backups, you may exclude the App from iCloud Backup in Settings → [your name] → iCloud → Manage Account Storage → Backups.

We cannot delete data on your behalf because we never receive it.

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10. Security

Because no data is transmitted to us, there is no server-side data of yours to secure. On-device data is protected by the security of your iOS device (passcode, biometric authentication, and Apple's data-protection encryption). We recommend keeping your iOS device updated and protected by a passcode.

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11. International Users

The App may be downloaded from anywhere the Apple App Store operates. Because we do not collect or transmit your information, no cross-border transfer of your information by us takes place. Apple's handling of App Store transactions is governed by Apple's privacy practices, which include international data transfers as described in Apple's Privacy Policy.

If you are located in the European Economic Area, the United Kingdom, or another jurisdiction with data-protection laws, you have certain rights regarding personal information (including rights of access, correction, and deletion). Because we do not hold any of your personal information, requests of this nature can be fully addressed by you directly on your device using the steps in Section 9. If you have questions, contact us at hello@jamesmontgomerydesign.com.

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12. Third-Party Services

The App does not incorporate any third-party software development kits, analytics services, advertising networks, attribution providers, or social-media integrations. The only third party involved in your use of the App is Apple, in its capacity as the operator of the iOS platform and the App Store.

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13. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. When we do, we will update the "Last Updated" date above and post the revised policy at this URL. For changes we reasonably consider material, we will provide additional notice through the App or through the App Store listing where practicable. Your continued use of the App after a revised Privacy Policy takes effect constitutes your acceptance of the changes.

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14. Contact

Questions about this Privacy Policy may be directed to:

James Montgomery Design Inc. (operating as Satellite Design Studio)

Privacy and legal notices: hello@jamesmontgomerydesign.com

General support: hello@jamesmontgomerydesign.com

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© James Montgomery Design Inc. All rights reserved.