Terms of service

BREEWELL TERMS OF SERVICE

Effective Date: September 25, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT PROVISIONS CONCERNING LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, DISPUTE RESOLUTION, ARBITRATION, AND YOUR LEGAL RIGHTS.

BreeWell ("BreeWell," "we," "us," or "our") operates this website, online store, and related services. BreeWell is operated by [LEGAL ENTITY NAME].

These Terms of Service ("Terms") govern your access to and use of BreeWell.store and any related websites, content, products, applications, tools, communications, purchases, and services we provide (collectively, the "Services").

Our store is hosted by Shopify Inc. and/or its affiliates ("Shopify"), which provides the ecommerce platform through which we offer products and Services.

By accessing the Services, creating an account, submitting an order, clicking to accept these Terms where presented, or otherwise using the Services, you acknowledge that you have read, understood, and agree to these Terms and all policies incorporated into them.

If you do not agree, do not use the Services.

1. ELIGIBILITY

You must be at least 18 years old or the age of legal majority in your jurisdiction, whichever is greater, to purchase products from BreeWell.

By using the Services, you represent and warrant that:

  • you have legal capacity to enter into a binding agreement;

  • information you provide is accurate, complete, and current;

  • you will use the Services only for lawful purposes; and

  • your use of the Services will comply with applicable laws and regulations.

We may refuse service, cancel orders, suspend accounts, or terminate access to the Services where reasonably necessary to protect BreeWell, our customers, third parties, or the integrity of our Services.

2. IMPORTANT HEALTH AND MEDICAL DISCLAIMER

BreeWell provides consumer products and general educational information relating to CPAP equipment care, maintenance, cleaning, comfort, organization, and related topics.

BREEWELL IS NOT A HEALTHCARE PROVIDER.

Nothing available through BreeWell is intended to constitute medical advice, diagnosis, treatment, or a substitute for advice from a physician, respiratory therapist, sleep specialist, medical-device manufacturer, or other qualified healthcare professional.

Unless a specific product is expressly identified and legally marketed as such, BreeWell products are not intended to diagnose, treat, cure, prevent, or mitigate any disease, disorder, or medical condition.

You should always follow:

  1. instructions provided by the manufacturer of your CPAP, BiPAP, mask, tubing, humidifier, or other medical equipment;

  2. instructions accompanying the particular BreeWell product;

  3. recommendations from your healthcare provider; and

  4. applicable safety warnings and recalls.

BreeWell does not guarantee that any cleaning, maintenance, or accessory product will sterilize, disinfect, eliminate pathogens, prevent infection, improve sleep apnea, improve breathing, or provide any other medical benefit unless such claim is expressly stated and supported as required by applicable law.

If a BreeWell recommendation conflicts with instructions from the manufacturer of your medical equipment or your healthcare provider, follow the manufacturer or healthcare provider.

Never stop, change, modify, or delay medically prescribed CPAP or respiratory treatment based upon information provided by BreeWell.

Seek appropriate medical attention if you experience breathing difficulties, allergic reactions, irritation, pain, respiratory symptoms, or another adverse reaction.

3. PROPER PRODUCT USE

You are responsible for reading and following all product instructions, warnings, compatibility information, cleaning directions, maintenance requirements, and safety information before using a product.

Products must be used:

  • only for their intended purpose;

  • according to accompanying instructions;

  • with compatible equipment;

  • in accordance with the equipment manufacturer's instructions; and

  • in a safe and reasonable manner.

To the fullest extent permitted by law, BreeWell is not responsible for damage caused by:

  • improper installation;

  • improper cleaning;

  • misuse or abuse;

  • failure to follow instructions;

  • modification of a product;

  • use with incompatible equipment;

  • unauthorized repairs;

  • failure to maintain equipment;

  • use beyond the product's intended purpose;

  • use contrary to medical-device manufacturer instructions; or

  • continued use after a product has become damaged or unsafe.

Nothing in this section excludes liability that applicable law does not permit us to exclude.

4. PRODUCT COMPATIBILITY

References to third-party brands, including manufacturers of CPAP, BiPAP, respiratory, or sleep-related equipment, may be used solely to identify compatibility or intended use.

Unless explicitly stated otherwise, BreeWell is not sponsored by, endorsed by, affiliated with, or authorized by any third-party equipment manufacturer.

Customers are responsible for confirming compatibility before use.

Model names, dimensions, designs, or specifications may change. We do not guarantee compatibility unless a particular compatibility representation is expressly made on the applicable product page.

If you are unsure whether a product is compatible with your equipment, contact us before using it.

5. PRODUCT INFORMATION

We attempt to describe and display products accurately.

However, photographs, illustrations, dimensions, colors, packaging, specifications, features, and other product information may vary due to manufacturing changes, screen settings, suppliers, product improvements, or other circumstances.

Minor differences that do not materially affect a product's intended function do not necessarily constitute a defect.

We may modify product descriptions, specifications, packaging, availability, or pricing at any time.

Nothing on the Services creates an express warranty unless specifically identified as a warranty.

6. ORDERS AND ACCEPTANCE

Submitting an order constitutes an offer to purchase.

An order is not finally accepted until we confirm acceptance or fulfill the order.

We reserve the right, to the extent permitted by law, to:

  • accept or reject an order;

  • limit quantities;

  • cancel duplicate orders;

  • cancel suspected fraudulent transactions;

  • correct pricing or listing errors;

  • restrict purchases for resale;

  • require additional verification; or

  • cancel orders affected by inventory or supplier issues.

If we cancel a paid order before fulfillment, we will provide any refund required under applicable law and our Refund Policy.

7. PRICING

Prices may change without notice.

You are responsible for applicable:

  • purchase prices;

  • sales taxes;

  • shipping fees;

  • handling charges;

  • customs charges;

  • duties;

  • import charges; and

  • other charges disclosed before checkout.

If a product is listed at an incorrect price because of a typographical, technical, supplier, or other error, we reserve the right to correct the error and cancel affected orders to the extent permitted by law.

8. PAYMENT

By submitting payment information, you represent that:

  • the information is accurate;

  • you are authorized to use the payment method;

  • the payment may legally be charged for your purchase; and

  • you will pay all properly disclosed amounts associated with the transaction.

Payments may be processed by Shopify Payments or other independent payment processors.

BreeWell does not control the security, availability, or policies of independent payment processors.

9. FRAUD AND PAYMENT DISPUTES

We reserve the right to investigate suspected fraud, unauthorized purchases, chargeback abuse, identity misuse, payment manipulation, or other suspicious transactions.

Customers should contact BreeWell promptly if they believe a transaction or order is incorrect.

Nothing in these Terms limits any lawful rights you may have with your bank, card issuer, payment provider, or under applicable law.

10. SHIPPING

Shipping and delivery dates are estimates unless we expressly state otherwise.

BreeWell is not responsible for delays caused by circumstances outside our reasonable control, including:

  • carrier delays;

  • weather;

  • natural disasters;

  • customs processing;

  • labor disruptions;

  • government action;

  • incorrect customer addresses;

  • transportation interruptions;

  • supply-chain interruptions; or

  • other force-majeure events.

Customers are responsible for entering an accurate and complete delivery address.

To the fullest extent permitted by law, BreeWell is not responsible for theft, loss, or damage occurring after a carrier has documented successful delivery to the address provided by the customer.

Risk of loss and title shall transfer as provided by applicable law and any shipping terms expressly disclosed to you.

11. RETURNS AND REFUNDS

All returns, replacements, refunds, and exchanges are governed by our separately posted Refund Policy, which is incorporated into these Terms.

If a conflict exists between these Terms and the Refund Policy regarding a return or refund, the Refund Policy controls for that issue.

Nothing in our Refund Policy eliminates rights that cannot legally be waived.

12. WARRANTIES

Except for any written warranty expressly provided by BreeWell for a particular product, and subject to rights that cannot legally be waived:

THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BREEWELL DISCLAIMS ALL WARRANTIES NOT EXPRESSLY PROVIDED IN WRITING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Some jurisdictions do not permit certain warranty exclusions, so some or all of these exclusions may not apply to you.

If BreeWell provides a written warranty for a consumer product, that warranty will control where it conflicts with this Section, and nothing in these Terms is intended to disclaim an implied warranty where doing so is prohibited by applicable law.

Manufacturer warranties, if any, are provided by the applicable manufacturer and are subject to that manufacturer's terms.

13. NO GUARANTEED RESULTS

Individual experiences with products vary.

Unless BreeWell expressly provides a written guarantee applicable to a particular product, BreeWell does not guarantee:

  • specific cleaning results;

  • elimination of bacteria, viruses, mold, allergens, or other contaminants;

  • improved medical outcomes;

  • improved sleep;

  • improved respiratory function;

  • improvement in a medical condition;

  • compatibility with every CPAP or respiratory device;

  • specific product longevity; or

  • any particular individual result.

Customer testimonials and reviews describe individual experiences and do not guarantee that another customer will experience the same result.

14. WEBSITE INFORMATION

Content provided through BreeWell is intended for general informational and educational purposes.

Although we attempt to provide accurate information, information can become outdated or incomplete.

You are responsible for independently evaluating information that affects your health, medical equipment, or safety and consulting an appropriate professional where necessary.

Your reliance on general informational content is at your own risk, subject to liability that applicable law does not permit us to exclude.

15. THIRD-PARTY PRODUCTS

Some products available through BreeWell may be manufactured, supplied, fulfilled, or otherwise provided by third parties.

BreeWell does not control every aspect of third-party manufacturing or fulfillment.

Third-party manufacturer warranties, warnings, instructions, recalls, and safety requirements may apply.

Customers should comply with applicable manufacturer instructions and notices.

Nothing in this provision eliminates any legal obligations BreeWell may have as a seller under applicable law.

16. PRODUCT RECALLS AND SAFETY NOTICES

BreeWell may issue or communicate safety notices, recall notices, updated instructions, warnings, or other information relating to products.

Customers agree to discontinue use of a product when instructed to do so in connection with a safety notice or recall.

We may use contact information associated with an order to provide product safety or recall communications where appropriate.

17. THIRD-PARTY LINKS AND SERVICES

The Services may contain links or integrations operated by third parties.

We do not control third-party websites, content, policies, security practices, products, or services.

Your use of third-party services is governed by the applicable third party's terms and policies.

To the fullest extent permitted by law, BreeWell is not responsible for losses caused solely by independent third-party websites or services outside our control.

18. SHOPIFY

BreeWell uses technology and ecommerce services provided by Shopify.

Transactions for BreeWell products are between you and BreeWell unless expressly stated otherwise.

Shopify is not the seller of BreeWell products solely because Shopify provides the ecommerce technology used by our store.

Your use of Shopify-powered functionality may also be subject to Shopify's applicable terms and privacy practices.

19. INTELLECTUAL PROPERTY

All BreeWell-owned content appearing through the Services, including:

  • trademarks;

  • logos;

  • names;

  • graphics;

  • photographs;

  • product photography;

  • text;

  • website designs;

  • videos;

  • advertisements;

  • product descriptions;

  • software;

  • downloadable materials; and

  • branding,

is owned by BreeWell or used under license and is protected by applicable intellectual-property laws.

You may use the Services only for personal, lawful, non-commercial purposes.

Without prior written permission, you may not copy, reproduce, republish, sell, scrape, distribute, modify, create derivative works from, commercially exploit, or impersonate BreeWell-owned content.

All rights not expressly granted are reserved.

20. REVIEWS, PHOTOS, AND USER CONTENT

If you voluntarily submit a review, photograph, video, testimonial, suggestion, comment, or other content ("User Content"), you grant BreeWell a non-exclusive, worldwide, royalty-free, sublicensable license to reproduce, display, distribute, adapt, and use that content for operating, improving, advertising, and promoting BreeWell.

You represent that:

  • you own or control the necessary rights to the content;

  • your submission is truthful to the best of your knowledge;

  • your submission does not infringe another person's rights; and

  • your submission does not violate applicable law.

We may remove User Content that we reasonably believe violates these Terms or applicable law.

We will not knowingly alter customer reviews in a manner that materially misrepresents the reviewer's actual opinion.

21. PROHIBITED CONDUCT

You may not:

  • violate applicable law;

  • commit fraud;

  • interfere with our Services;

  • introduce malware;

  • attempt unauthorized access;

  • scrape the Services where prohibited;

  • impersonate another person;

  • submit false information;

  • misuse intellectual property;

  • engage in abusive or threatening conduct;

  • attempt to circumvent security systems;

  • make fraudulent payment disputes;

  • use our Services to harm another person; or

  • use BreeWell content or systems for unlawful commercial exploitation.

We may restrict access to users who violate this Section.

22. LIMITATION OF LIABILITY

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

EXCEPT FOR LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED, BREEWELL AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, AGENTS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, OR GOODWILL, ARISING FROM OR RELATING TO THE SERVICES OR PRODUCTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, BREEWELL'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO A PARTICULAR PRODUCT, ORDER, OR TRANSACTION SHALL NOT EXCEED THE GREATER OF:

(A) THE AMOUNT ACTUALLY PAID TO BREEWELL FOR THE PRODUCT OR TRANSACTION GIVING RISE TO THE CLAIM; OR
(B) $100.

THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE, TO THE EXTENT SUCH LIMITATION IS LEGALLY PERMITTED.

Nothing in these Terms excludes or limits liability to the extent such liability cannot lawfully be excluded or limited, including any rights or remedies that applicable consumer-protection or product-liability law makes non-waivable.

23. ASSUMPTION OF RESPONSIBILITY FOR MISUSE

You are responsible for losses or damage resulting from your intentional misconduct, unlawful conduct, unauthorized modification, or misuse of products contrary to clear instructions or warnings.

This Section does not shift responsibility to you for a defect or wrongful conduct for which BreeWell is legally responsible under non-waivable law.

24. INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless BreeWell and its owners, affiliates, directors, officers, employees, contractors, agents, licensors, and service providers from third-party claims, liabilities, damages, judgments, costs, and reasonable attorneys' fees arising from:

  1. your unlawful use of the Services;

  2. your material breach of these Terms;

  3. your violation of another person's intellectual-property or other legal rights;

  4. User Content submitted by you; or

  5. your intentional misuse or unauthorized modification of a product.

This indemnification obligation does not require you to indemnify BreeWell for liability caused solely by BreeWell's own conduct where such indemnification is prohibited by law.

25. FORCE MAJEURE

BreeWell is not responsible for failure or delay in performance caused by events beyond our reasonable control, including:

  • natural disasters;

  • extreme weather;

  • fire;

  • flood;

  • epidemic or pandemic;

  • war;

  • terrorism;

  • civil unrest;

  • labor disputes;

  • carrier interruptions;

  • supplier failures;

  • utility failures;

  • internet outages;

  • cyber incidents affecting third parties;

  • government orders;

  • import restrictions;

  • customs delays; or

  • other similar circumstances.

This Section does not excuse obligations that applicable law does not permit us to excuse.

26. DISPUTE RESOLUTION — INFORMAL RESOLUTION

Before initiating arbitration or litigation, you and BreeWell agree to make a good-faith attempt to resolve the dispute informally.

The party asserting a dispute must provide written notice describing:

  • the person's name and contact information;

  • the relevant order number, if applicable;

  • the nature of the dispute;

  • the requested resolution; and

  • supporting information reasonably necessary to evaluate the claim.

Notices to BreeWell must be sent to:

[LEGAL/DISPUTE EMAIL]

The parties will have at least 30 days after receipt of the notice to attempt an informal resolution before beginning arbitration, except where applicable law requires otherwise or urgent injunctive relief is reasonably necessary.

27. BINDING INDIVIDUAL ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO GO TO COURT.

Except for disputes eligible for small-claims court, requests for certain emergency or injunctive relief, or claims that applicable law prohibits from being arbitrated, you and BreeWell agree that disputes arising out of or relating to these Terms, the Services, a purchase, or a product shall be resolved through binding individual arbitration.

The Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this arbitration agreement to the extent applicable.

Arbitration will be administered by the American Arbitration Association ("AAA") under the applicable AAA Consumer Arbitration Rules in effect when arbitration is initiated, unless the parties mutually agree to another administrator.

The arbitrator may award any individual remedy available under applicable law that the arbitrator has authority to award.

Arbitration may take place remotely, by written submission, or in another manner permitted by the applicable rules.

Fees shall be allocated as required by the applicable arbitration rules and law.

Nothing in this provision prevents either party from bringing an eligible individual claim in small-claims court.

28. CLASS ACTION AND REPRESENTATIVE ACTION WAIVER

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND BREEWELL AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION.

Unless both parties expressly agree otherwise, an arbitrator may not consolidate the claims of more than one person or preside over a class, collective, consolidated, mass, or representative proceeding.

If applicable law determines that a particular claim or remedy cannot legally be subjected to this waiver, that claim or remedy shall be handled as required by applicable law while the remainder of this Section remains enforceable to the fullest extent permitted.

29. JURY TRIAL WAIVER

To the fullest extent permitted by law, for any dispute that is properly resolved in court rather than arbitration, YOU AND BREEWELL KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY.

30. ARBITRATION OPT-OUT

You may opt out of the arbitration agreement contained in Section 27 by sending written notice to [LEGAL/DISPUTE EMAIL] within 30 days after the date you first become bound by these Terms.

Your notice must include:

  • your full name;

  • your email address;

  • a statement that you wish to opt out of BreeWell's arbitration agreement; and

  • sufficient information for BreeWell to identify your account or transaction.

Opting out of arbitration will not affect the remaining provisions of these Terms.

31. TIME LIMIT FOR CLAIMS

To the fullest extent permitted by applicable law, any claim arising out of or relating to the Services or a transaction with BreeWell must be commenced within one year after the claim accrued, unless applicable law prohibits shortening the applicable limitations period.

Where a legally mandatory limitations period applies, that legally mandatory period controls.

32. GOVERNING LAW

These Terms and disputes arising from them shall be governed by the laws of the State of Texas, without regard to conflict-of-law principles, except where federal law applies or applicable law requires otherwise.

The Federal Arbitration Act governs arbitration issues to the extent applicable.

For disputes that are not subject to arbitration, the parties consent, to the extent permitted by law, to the exclusive jurisdiction of the appropriate state or federal courts located in [COUNTY], Texas.

Nothing in this Section deprives a consumer of protections that applicable law does not permit the parties to waive.

33. TERMINATION

We may suspend or terminate access to the Services when reasonably necessary because of:

  • a violation of these Terms;

  • suspected fraud;

  • illegal activity;

  • abuse of the Services;

  • security concerns;

  • threats to BreeWell or others; or

  • discontinuation of the Services.

Termination does not eliminate obligations or rights that arose before termination.

Provisions that by their nature should survive termination will remain effective, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.

34. CHANGES TO THE SERVICES

We may modify, suspend, discontinue, or change products, website features, content, or Services.

We are not required to continue offering a particular product or feature indefinitely.

Orders already accepted remain subject to applicable contractual and legal obligations.

35. CHANGES TO THESE TERMS

We may update these Terms from time to time.

The revised version will state its effective date.

Where required by law, we will provide appropriate notice of material changes.

Changes generally apply prospectively and will not retroactively eliminate rights that had already accrued where doing so would be prohibited by law.

Continued use of the Services after legally effective updated Terms may constitute acceptance where permitted by law.

36. PRIVACY

Our collection and use of personal information is governed by our Privacy Policy:

[PRIVACY POLICY LINK]

Information processed through Shopify may additionally be subject to Shopify's applicable privacy practices.

37. SEVERABILITY

If any provision of these Terms is found unlawful or unenforceable, that provision shall be enforced to the maximum extent permitted by law or severed to the minimum extent necessary.

The remaining provisions will remain in effect unless applicable law requires otherwise.

38. NO WAIVER

Our failure to enforce a provision of these Terms does not waive our right to enforce that provision later.

A waiver is effective only for the particular circumstance for which it is given unless expressly stated otherwise.

39. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

BreeWell may assign these Terms in connection with a merger, acquisition, corporate restructuring, sale of assets, financing, or transfer of the business, subject to applicable law.

40. ENTIRE AGREEMENT

These Terms, together with the policies expressly incorporated into them, constitute the agreement between you and BreeWell concerning the Services and supersede prior agreements concerning the same subject matter.

The incorporated policies may include:

  • Privacy Policy;

  • Refund Policy;

  • Shipping Policy;

  • Warranty Policy, if applicable; and

  • any product-specific terms or promotional terms.

If product-specific written terms conflict with these Terms concerning that product, the more specific terms control to the extent of the conflict.

41. NO THIRD-PARTY BENEFICIARIES

Except where expressly stated, these Terms do not create rights in any third party.

42. ELECTRONIC COMMUNICATIONS

You consent to receive transaction-related communications electronically, including:

  • order confirmations;

  • receipts;

  • shipping information;

  • security notices;

  • product-safety notices;

  • recall information;

  • customer-service communications; and

  • legally required notices where electronic delivery is permitted.

Marketing communications are governed separately by applicable consent and opt-out requirements.

43. CONTACT INFORMATION

Questions concerning these Terms may be directed to:

BreeWell
Operated by: [LEGAL ENTITY NAME]
Email: [BUSINESS EMAIL]
Legal/Dispute Email: [LEGAL EMAIL]
Business Address: [BUSINESS MAILING ADDRESS]

44. ACKNOWLEDGMENT

BY USING THE SERVICES OR SUBMITTING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THEM.

YOU PARTICULARLY ACKNOWLEDGE THE PROVISIONS CONCERNING:

  • HEALTH AND MEDICAL INFORMATION;

  • PRODUCT USE;

  • WARRANTY DISCLAIMERS;

  • LIMITATIONS OF LIABILITY;

  • DISPUTE RESOLUTION;

  • BINDING INDIVIDUAL ARBITRATION;

  • THE CLASS ACTION WAIVER; AND

  • THE JURY TRIAL WAIVER.