Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") govern your access to and use of the apnia mobile application, the website at apnia.co, and related services (collectively, the "Service") operated by apnia ("apnia", "we", "us", or "our").

By accessing or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 13 years old to use the Service. If you are under the age at which you can lawfully consent to online services in your jurisdiction, you may use the Service only with the permission and supervision of a parent or legal guardian who accepts these Terms on your behalf.

You represent that you have the legal capacity to enter into these Terms and that you will comply with all applicable laws and regulations when using the Service.

3. The Service

apnia is a social platform for freedivers. The Service may allow you to create a profile, log personal bests, publish posts, comment and react on content, connect with buddies, manage notifications, upload images, vote on roadmap features, and view public profile pages on the website.

The Service is currently offered in beta. Features, availability, performance, and supported platforms may change at any time. We may add, modify, suspend, or remove features without notice.

4. Accounts and authentication

• You may sign in using supported third-party providers such as Apple, Google, or Facebook.
• You are responsible for maintaining the security of the device and accounts used to access the Service.
• You are responsible for all activity that occurs under your apnia account.
• You must provide accurate profile information and keep it up to date.
• You may not impersonate another person, misrepresent your affiliation, or create accounts through unauthorized or automated means.
• We may suspend or terminate accounts that violate these Terms or create risk for the Service or other users.

5. User content and visibility

You retain ownership of content you submit to the Service, including profile information, posts, comments, reactions, personal bests, images, and roadmap submissions ("User Content").

By submitting User Content, you grant apnia a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, distribute, and otherwise use that content solely to operate, provide, promote, and improve the Service, including making public content available on the website and within the app according to your selected visibility settings.

You control who can see much of your content through visibility settings:

• Public: may be visible to anyone, including on public web profile pages.
• Buddies only: visible to users with whom you have an accepted buddy relationship.
• Private: visible only to you.

You are solely responsible for User Content you publish and for choosing appropriate visibility settings. Once content has been shared more broadly, copies or references to it may remain in backups, caches, or third-party systems for a limited time even after deletion.

6. Acceptable use

You agree not to use the Service to:

• Violate any applicable law or regulation.
• Harass, threaten, abuse, defame, or harm another person or group.
• Post unlawful, hateful, sexually exploitative, fraudulent, misleading, or infringing content.
• Share content that encourages dangerous freediving or breath-hold practices without appropriate safety context.
• Collect, scrape, or harvest information about users without authorization.
• Interfere with or disrupt the Service, including by introducing malware or attempting unauthorized access.
• Reverse engineer, decompile, or attempt to extract source code except where permitted by law.
• Use bots, scripts, or automated means to access the Service except through interfaces we expressly authorize.
• Circumvent security, rate limits, or access controls.

We may investigate violations and remove content, restrict features, or terminate access at our discretion.

7. Buddies, contacts, and social features

The Service includes social features such as buddy requests, accepted buddy relationships, muting, notifications, and optional contact import for buddy suggestions.

If you choose to import contacts, you represent that you have the right to use that contact information for this purpose. Contact identifiers are hashed on your device before any matching process; we do not require you to upload your full address book in readable form.

You are responsible for your interactions with other users. apnia does not conduct background checks and is not responsible for the conduct of users on or off the Service.

8. Safety and health disclaimers

Freediving and breath-hold activities can be dangerous and may result in serious injury, blackout, drowning, or death. Never train alone. Always dive with a trained buddy and follow recognized safe freediving practices.

The Service is for informational and social purposes only. It does not provide medical advice, coaching, certification, emergency response, dive planning, or safety supervision. Personal bests, posts, comments, and other content posted by users are not verified by apnia and should not be treated as professional guidance.

You are solely responsible for evaluating your physical condition, training decisions, equipment, supervision, and compliance with local laws and recognized safety standards. Use the Service at your own risk.

9. Notifications and communications

The Service may send in-app, push, or email communications about account activity, buddy interactions, comments, reactions, product updates, waitlist status, and security notices. You can manage many notification preferences in the app and can disable push notifications in your device settings.

By using the Service, you consent to receive service-related communications. Marketing communications, if any, will be sent in accordance with applicable law and your preferences.

10. Third-party services

The Service relies on third-party providers for authentication, hosting, analytics, media storage, sign-in, and other infrastructure. Your use of those services may be subject to separate terms and privacy policies. apnia is not responsible for third-party services and does not control how they operate.

11. Beta, waitlist, and changes to the Service

Joining the waitlist does not guarantee access to the Service. We may invite users, change eligibility criteria, or modify beta access at any time.

We may update, suspend, or discontinue the Service or any part of it at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.

12. Intellectual property

The Service, including its software, design, branding, logos, and content provided by apnia, is owned by apnia or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

You may not use apnia trademarks, logos, or branding without our prior written permission.

13. Paid features

The Service may introduce paid or subscription features in the future, including pro account capabilities. If we offer paid features, additional payment terms will apply at the time of purchase. Unless otherwise stated, beta access does not create a right to future paid features or pricing.

14. Termination

You may stop using the Service at any time. You may sign out in the app, and you may contact us to request account deletion.

We may suspend or terminate your access immediately if you violate these Terms, create risk or legal exposure for us, or if we discontinue the Service. Upon termination, the license to use the Service ends, but sections that by their nature should survive will continue to apply.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, APNIA DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT USER CONTENT OR INFORMATION WILL BE ACCURATE OR RELIABLE.

16. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, APNIA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, APNIA'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID APNIA FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

17. Indemnification

You agree to defend, indemnify, and hold harmless apnia and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your use of the Service, your User Content, your violation of these Terms, or your violation of any rights of another person or entity.

18. Dispute resolution and governing law

These Terms are governed by the laws applicable to apnia's operation, without regard to conflict-of-law rules, except where mandatory local consumer protections apply.

Before filing a formal claim, you agree to contact us at hi@apnia.co and attempt to resolve the dispute informally within 30 days.

Except where prohibited by applicable law, you and apnia agree that disputes arising out of or relating to these Terms or the Service will be brought in the courts or tribunals with jurisdiction over apnia's principal place of business, unless applicable law requires a different venue.

19. Changes to these terms

We may revise these Terms from time to time. If we make material changes, we will post the updated Terms on this page and update the "Last updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

20. Contact

Questions about these Terms can be sent to hi@apnia.co.