Terms of Use

1. Agreement

These Terms of Use (“Terms”) are an agreement between you and Outlaw Liberations LLC, a New Mexico limited liability company (“we”, “us”), about the SpearBreath app. By creating an account or using the app, you agree to these Terms. Our Privacy Policy and Consumer Health Data Privacy Policy explain how we handle your information. If you do not agree, please do not use the app.

PLEASE READ SECTIONS 3 AND 4 ABOUT SAFETY AND RISK CAREFULLY.

2. Who may use SpearBreath

You must be at least 16 years old. If you are under 18, or under the age of majority where you live, you may use SpearBreath only with the permission of a parent or legal guardian who agrees to these Terms for you.

You may not use SpearBreath if the law forbids it or if we have suspended you before.

Your account is personal. Keep your sign-in details secret and tell us if someone has misused your account. You can delete your account at any time in Settings.

3. Safety first – please read

SpearBreath is designed for dry breath-hold (apnea) training on land. Train only sitting or lying down in a safe place – never in or near water, in the bathtub, while driving, standing, or anywhere losing consciousness could hurt you.

Holding your breath can cause loss of consciousness (blackout) without warning; in water, this can lead to drowning, brain injury or death. Never practice breath-holds in water alone. When diving and spearfishing, always follow the buddy system – one up, one down – and get proper training from a qualified freediving instructor.

SpearBreath is not a medical device and does not give medical, diving or nutritional advice. Its training tables and tips are general information, not individual recommendations. Talk to a doctor before you start, especially if you have a heart, lung or blood pressure condition or epilepsy, are pregnant or are unsure. Stop immediately if you feel unwell.

In an emergency, call your local emergency number (911 in the USA and Canada, 000 in Australia, 111 in New Zealand).

4. Assumption of risk and release

BREATH-HOLD TRAINING, FREEDIVING AND SPEARFISHING ARE INHERENTLY DANGEROUS AND CAN RESULT IN SERIOUS INJURY OR DEATH. YOU USE SPEARBREATH AND TAKE PART IN THESE ACTIVITIES VOLUNTARILY AND AT YOUR OWN RISK, AND YOU ARE RESPONSIBLE FOR YOUR OWN SAFETY.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE US AND OUR MEMBERS, MANAGERS AND CONTRACTORS FROM ALL CLAIMS FOR INJURY, DEATH OR DAMAGE ARISING FROM YOUR TRAINING, DIVING OR SPEARFISHING. THIS RELEASE DOES NOT APPLY TO OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR TO ANY LIABILITY THAT CANNOT BE EXCLUDED BY LAW (SEE SECTION 16).

5. Your license to use the app

We grant you a personal, limited, non-exclusive, non-transferable and revocable license to use SpearBreath on devices you own or control, for your own non-commercial purposes, in accordance with these Terms and the rules of the app store you got it from.

You must not: copy, modify, sell or rent the app; reverse engineer it, except where the law allows this; access our systems other than through the app; probe, scan or test their vulnerability, or bypass security measures, rate limits or the subscription check; use bots or scrapers or collect other members’ data; disrupt the service; or use the app for anything illegal.

If you find a security vulnerability, please report it to support@spearbreath.app (subject “Security”) instead of exploiting it.

6. Free trial and SpearBreath Plus

After setup, you can use all features free of charge for seven days. The trial needs no payment details and ends by itself – it does not turn into a paid subscription. Afterwards, the stopwatch, progress, nutrition tips and the community remain free; training planning (automatic plan, plan preview, intensity, pro mode) requires SpearBreath Plus.

SpearBreath Plus is an auto-renewing monthly or yearly subscription at the price shown in the app before you buy; taxes may apply depending on where you live. Payment is charged to your Apple ID or Google Play account when you confirm the purchase.

YOUR SUBSCRIPTION RENEWS AUTOMATICALLY FOR THE SAME PERIOD AT THE THEN-CURRENT PRICE UNLESS YOU CANCEL IT AT LEAST 24 HOURS BEFORE THE END OF THE CURRENT PERIOD. You can cancel at any time in the subscription settings of the App Store or Google Play; the subscription then ends at the end of the period you have paid for. Deleting the app or your account does not cancel a subscription.

Purchases are handled by Apple or Google under their terms, and refund requests go to them. If the price changes, your app store informs you in advance as its rules require, and you can cancel before the new price applies.

7. Community rules

Be respectful. Do not post: hate speech, harassment, bullying or threats; sexual or pornographic content; violence, or content that celebrates dangerous behavior such as diving without a buddy; spam, advertising or scams; illegal content, including catches of protected species, in closed season or with scuba gear where this is illegal; other people’s personal information; or content you don’t have the rights to – post only your own photos, and other people only with their consent.

We have zero tolerance for objectionable content and abusive users.

Links in your profile (a Plus feature) must not lead to illegal content, malware, phishing or spam.

You can block members and report posts, comments and profiles in the app – including the profile of someone who sends you abusive messages.

8. Your content

You keep ownership of what you post. You grant us a worldwide, non-exclusive, royalty-free license to host, store, display, reproduce and technically adapt it (for example, to downscale photos), and to have it machine-translated at other members’ request – solely to operate SpearBreath and for as long as it is published. The license ends when you delete the content or your account, except for backup copies, which are overwritten within 30 days.

You are responsible for your content and confirm that you have the necessary rights to it and that it does not break these Terms or the law.

Translations are made by machine (DeepL) and may be inaccurate; the original text always prevails.

9. Moderation

An automatic word filter stops clear breaches (such as hate terms, threats or porn spam) from being published. A reported item is hidden right away for the person who reported it; after three reports, it is hidden for everyone until we have reviewed it. We review reports promptly, as a rule within 24 hours. Whether content is removed or an account is suspended is always decided by a person, never automatically.

Intimate images shared without consent: if someone has published an intimate image of you in SpearBreath without your consent – including a fake or AI-generated one – email us at support@spearbreath.app with the subject “Take It Down”. Tell us where the image is (for example, the username and post), state that it was published without your consent, and include your contact details and your physical or electronic signature (typing your full name is enough). You don’t need an account. We remove the image and any copies we know of within 48 hours.

If content breaks these Terms or the law, we may remove it and, for serious or repeated breaches, suspend or terminate the account. We tell you about such decisions and the reasons by email; you can ask us to reconsider by replying to that email.

We are not obliged to monitor content and are not responsible for what members post, but we act when we become aware of problems.

The “For you” feed shows posts mainly by how recent they are, their likes and comments, whom you follow and whether a post has a photo; new members get a small boost, posts celebrating risky diving do not. “Following” shows the posts of the people you follow, sorted by time.

10. Copyright complaints (DMCA)

We respect intellectual property rights. If you believe that content in SpearBreath infringes your copyright, please send a notice to our designated copyright agent: Outlaw Liberations LLC, Attn: Copyright Agent, 1209 Mountain Road Pl NE, Ste N, Albuquerque, NM 87110, USA, support@spearbreath.app.

Your notice must include: your physical or electronic signature; identification of the copyrighted work; identification of the material you claim is infringing and where it is in the app (for example, the username and post); your contact details; a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.

If your content was removed and you believe this was a mistake, you can send a counter-notice under 17 U.S.C. § 512(g). In appropriate circumstances, we terminate the accounts of repeat infringers.

11. Our rights

The app, its design, texts, training methods, graphics and software belong to us or our licensors and are protected by law. Open-source components are subject to their own licenses (Settings › Open-source licenses). If you send us ideas or feedback, we may use them without any obligation to you.

12. Other services

Signing in with Apple, Google or Facebook, the app stores, DeepL and websites linked from profiles are services of other companies under their own terms. We are not responsible for their content or availability. If you got SpearBreath from Google Play, the Google Play Terms of Service also apply.

13. Availability and changes to the app

We work to keep SpearBreath running smoothly but cannot guarantee that it is always available or free of errors. We keep developing the app and may change or remove features; during a paid subscription period, the paid features remain essentially available. If we ever discontinue SpearBreath, we will tell you in advance.

14. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, SPEARBREATH IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP OR ITS TRAINING TABLES ARE SUITABLE OR SAFE FOR YOU OR THAT THEY WILL IMPROVE YOUR PERFORMANCE.

15. Limitation of liability and indemnity

TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO SPEARBREATH IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR SPEARBREATH PLUS IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR US$50.

These limitations do not apply to liability for death or personal injury caused by our gross negligence or willful misconduct, to fraud, or to any other liability that cannot be limited by law.

To the extent permitted by law, you will indemnify us against third-party claims arising from content you post or from your violation of these Terms or of other people’s rights.

16. Your consumer rights

Nothing in these Terms limits rights you have under consumer protection laws that cannot be excluded by agreement. Some jurisdictions do not allow certain releases, disclaimers or limitations of liability; where this is the case, sections 4, 14 and 15 apply to you only to the extent permitted there.

Australia: Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Where we are allowed to limit our liability for a failure to comply with such a guarantee, our liability is limited to supplying the services again or paying the cost of having them supplied again.

New Zealand: The Consumer Guarantees Act 1993 applies, unless you use SpearBreath for business purposes, in which case you agree that it does not apply.

Canada: If you live in Quebec or another province whose consumer protection law restricts terms like those in sections 4, 14, 15 and 18, they apply to you only to the extent that law permits.

17. Ending the agreement

You can stop using SpearBreath and delete your account at any time. We may suspend or terminate your access if you seriously or repeatedly break these Terms, if the law requires it, or to protect members or our systems. Sections that by their nature should continue to apply – in particular sections 4, 8, 10, 14 to 16, 18 and 21 – survive the end of this agreement.

18. Governing law and courts

These Terms are governed by the laws of the State of New Mexico, USA, and applicable US federal law, without regard to conflict-of-law rules. The state and federal courts located in New Mexico have exclusive jurisdiction, and you and we consent to their personal jurisdiction. You may also bring an individual claim in a small claims court where you live.

If you are a consumer living outside the USA, you keep the protection of the mandatory laws of your country and may also bring proceedings in the courts there.

19. Additional terms for Apple’s App Store

If you got SpearBreath from Apple’s App Store: (a) these Terms are between you and us only, not Apple, and we – not Apple – are solely responsible for the app and its content; (b) your license is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the App Store Terms of Service; (c) Apple has no obligation to provide maintenance or support for the app; (d) if the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation regarding the app; (e) we, not Apple, are responsible for addressing any claims relating to the app or your use of it, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims under consumer protection, privacy or similar laws; (f) if a third party claims that the app or your use of it infringes its intellectual property rights, we, not Apple, are responsible for the investigation, defense, settlement and discharge of that claim; (g) you confirm that you are not located in a country subject to a US government embargo or designated by the US government as “terrorist supporting”, and that you are not on any US government list of prohibited or restricted parties; (h) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

20. Changes to these Terms

We may update these Terms, for example for new features or changes in the law. We tell you about material changes in the app before they take effect. If you keep using SpearBreath afterwards, the updated Terms apply; if you do not agree, you can delete your account and cancel your subscription.

21. General provisions and contact

These Terms, together with our Privacy Policy and Consumer Health Data Privacy Policy, are the entire agreement between you and us about SpearBreath. If any provision is unenforceable, the rest remains in effect. If we do not enforce a provision, this is not a waiver. You may not transfer your rights under these Terms; we may transfer ours to a successor of our business. We are not liable for delays caused by events beyond our reasonable control.

Translations of these Terms are provided for convenience; if they differ, the English version prevails, unless the law of your place of residence requires otherwise.

Contact: Outlaw Liberations LLC, 1209 Mountain Road Pl NE, Ste N, Albuquerque, NM 87110, USA, support@spearbreath.app.

Last updated: November 2, 2026.