Breikin Terms of Service

Last Updated: January 21, 2025

1. Introduction

Welcome to Breikin. These Terms of Service ("Terms") govern your use of the Breikin website and mobile application (the "Service") operated by Breikin ("us", "we", or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

2. Use of Service

The Breikin Service is designed to provide a platform for personal development and life improvement through AI-powered avatars representing different life categories (Health, Career, Relationships, etc.). The Service helps users track goals, build habits, and receive personalized motivation. The Service is provided "as is" and as available without any warranties, expressed or implied.

In order to use our Service, you may be required to provide certain information. You agree that all information you provide is accurate, complete, and current at all times.

You must be at least 13 years old to use our Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service.

3. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Breikin and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Breikin.

The AI-powered life category avatars, their personalities, characteristics, and all content generated by them are the intellectual property of Breikin. Users may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service except as permitted by these Terms.

4. User Content

Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, goal data, habit tracking information, or other material ("User Content"). You are responsible for the User Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting User Content on or through the Service, you grant us the right to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Service. You retain any and all of your rights to any User Content you submit, post, or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the User Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

5. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

  • In any way that violates any applicable national, federal, state, local, or international law or regulation.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate Breikin, a Breikin employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Breikin or users of the Service, or expose them to liability.
  • To attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.
  • To use the Service for any purpose that is illegal, harmful, or otherwise objectionable.
  • To share or post content that is harmful, threatening, abusive, defamatory, or that promotes harmful activities.
  • To use the Service to harm minors in any way or to circumvent our safety measures.

6. AI-Generated Content

The Breikin Service uses artificial intelligence to generate personalized content, avatar interactions, motivational messages, and life improvement recommendations. While we strive to ensure the quality and appropriateness of AI-generated content, we cannot guarantee that all content will be accurate, complete, or suitable for all users and purposes.

Users acknowledge that AI-generated content may sometimes produce unexpected, inaccurate, offensive, or inappropriate material, despite our best efforts to prevent such occurrences. Breikin is not responsible for any AI-generated content that may be deemed offensive, inappropriate, inaccurate, or otherwise objectionable.

We reserve the right to moderate, edit, or remove any AI-generated content at our sole discretion, without notice or liability. We maintain Safety Mode by default to ensure appropriate content generation.

The advice, suggestions, and recommendations provided by AI avatars are for motivational and educational purposes only and should not be considered professional medical, financial, legal, or therapeutic advice.

7. Privacy and Data

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy. By using the Service, you consent to the collection and use of your information as outlined in our Privacy Policy.

Goal tracking, habit data, and progress information you enter into the Service is used to provide personalized experiences and may be processed by AI to generate recommendations and motivational content.

8. Limitations of Liability

In no event shall Breikin, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Service;
  • Any conduct or content of any third party on the Service;
  • Any content obtained from the Service; and
  • Unauthorized access, use, or alteration of your transmissions or content,

whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

9. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Breikin does not warrant that (i) the Service will function uninterrupted, secure, or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.

The motivational content and life improvement suggestions provided by the Service are not a substitute for professional advice from qualified professionals. Always consult with appropriate professionals for medical, financial, legal, or therapeutic matters.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

12. Contact Us

If you have any questions about these Terms, please contact us:

  • By email: terms@breikin.com