Project-s-Privacy-Policies-and-ToC

TIDE — OCEAN BREATHING — TERMS OF SERVICE

Effective Date: May 15, 2026 Last Updated: May 15, 2026


1. ACCEPTANCE

By downloading, installing, or using the Tide — Ocean Breathing mobile application (“App”) you agree to be bound by these Terms (“Terms”). If you do not agree, do not use the App. These Terms form a legally binding agreement between you and Cankat Saraç (“we,” “us,” “our”).


2. ⚠️ NOT A MEDICAL OR THERAPEUTIC DEVICE

Tide is a wellness and ambient guidance product. It is not:

The breathing rhythms guided by the App are derived from public marine data and tidal models; they are not personalized to any health condition. Consult a qualified clinician before using any breathing exercise if you have a respiratory condition, cardiovascular condition, anxiety disorder, or any other medical condition that breathing patterns may affect. If you feel dizzy, light-headed, or unwell while using the App, stop immediately.


3. DESCRIPTION OF SERVICE

The App selects a coast (either nearest to your location when you grant location permission, or a curated default), models the local tidal phase, optionally retrieves live wave data from a public marine API, and animates a breathing pace that follows the wave rhythm.


4. ELIGIBILITY

You must be at least 13 years old to use Tide, or 16 in the European Economic Area unless you have verifiable parental or guardian consent.


5. PERMISSIONS

Tide requests location permission. The permission is optional; the App is fully usable without it. If denied, the App uses a curated default coast.


6. NO SUBSCRIPTION (CURRENT VERSION)

Tide is offered free of charge in this version. We reserve the right to introduce paid plans in future releases, with advance notice.


7. INTELLECTUAL PROPERTY

The App, including code, design, breathing-rhythm logic, copy, brand, and bundled coast data, is the intellectual property of Cankat Saraç, protected by copyright, trademark, and applicable IP law.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App on your personal device for personal, non-commercial purposes.

You may not copy, modify, reverse-engineer, or use the App or its data to build a competing product. You may not scrape, mirror, or systematically extract the bundled coast data.


8. PROHIBITED USES

You agree not to:


9. DISCLAIMERS

The App is provided “as is” and “as available” without warranties of any kind, express or implied. We do not warrant that:


10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CANKAT SARAÇ, HIS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR FOR ANY PHYSICAL OR PSYCHOLOGICAL EFFECTS ARISING FROM USING THE APP’S BREATHING GUIDANCE.

OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED USD $10, OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, WHICHEVER IS GREATER.

Nothing here limits liability that cannot lawfully be limited (for death or personal injury caused by gross negligence, fraud, etc.).


11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Cankat Saraç and his affiliates from any claims, damages, costs, and expenses arising out of your use of the App in violation of these Terms or applicable law.


12. THIRD-PARTY SERVICES

The App uses Open-Meteo Marine API, Apple App Store / Google Play. Each is governed by its own terms. We are not responsible for those services.


13. MODIFICATIONS AND TERMINATION

We may modify, suspend, or discontinue the App at any time. We may revise these Terms; material changes are communicated via in-app notice on the next launch. You may terminate by uninstalling the App.


14. GOVERNING LAW AND DISPUTES

14.1 Governing law

These Terms are governed by the laws of the Republic of Türkiye, without regard to its conflict-of-laws principles.

14.2 Informal resolution

Contact cankatsarac@gmail.com and attempt informal resolution for at least 30 days before any formal claim.

14.3 Arbitration (non-EU / non-UK)

Disputes shall be submitted to binding individual arbitration under the Rules of the Istanbul Arbitration Centre (ISTAC), seated in Istanbul, Türkiye, in English. You waive class-action rights. If the class waiver is unenforceable, the remainder of this Section continues.

14.4 EU / EEA users

You may bring proceedings in the courts of your country of residence.

14.5 UK users

You may bring proceedings in the courts of England and Wales, Scotland, or Northern Ireland as applicable.


15. GENERAL

Entire agreement. These Terms and the Privacy Policy. Severability. Unenforceable parts severed. Waiver. Failure to enforce is not waiver. Assignment. You may not assign; we may assign to a successor.

15.1 Apple-specific terms

If you obtained the App via the Apple App Store: these Terms are between you and Cankat Saraç only, not Apple; Apple is not responsible; Apple has no maintenance/support obligation; on warranty failure Apple may refund the purchase price (if any) but has no further obligation; we (not Apple) handle product-liability, conformity, and consumer-protection claims; we (not Apple) handle third-party IP claims; you represent you are not in a US-embargoed country and not on any US prohibited-parties list; Apple and its subsidiaries are third-party beneficiaries.


16. CONTACT

Email: cankatsarac@gmail.com Operator: Cankat Saraç


These Terms of Service apply to the Tide — Ocean Breathing mobile application available on the Apple App Store and Google Play Store.