Last updated: July 7, 2026
These Terms of Service (also referred to as the End User License Agreement, or "EULA") govern your use of ELEMENT | 08 ("the App"). By installing or using the App, you agree to these terms. If you do not agree, do not use the App.
The App is a training tool for freediving and breath-hold activities. You may use it for personal, non-commercial training purposes. You are responsible for using the App safely and within your physical capabilities.
We grant you a personal, non-exclusive, non-transferable, revocable license to install and use the App on devices that you own or control, subject to your store account. On iOS this license applies to use on Apple-branded devices tied to your Apple ID and is extended to other accounts associated with you via Family Sharing or volume purchasing. You may not rent, lease, lend, sell, redistribute, sublicense, copy, decompile, reverse-engineer, or attempt to derive the source code of the App except where such activity is expressly permitted by law.
The App is free to download. It offers optional auto-renewing subscriptions and one-time purchases (together, the "Paid Features") that unlock additional functionality. The current titles, lengths, and prices of each Paid Feature are listed in the App on the upgrade screen and in your platform App Store at the time of purchase.
Auto-renewing subscriptions automatically renew at the end of each billing period at the then-current price unless you cancel at least 24 hours before the end of the current period. Your Apple ID or Google account will be charged for the renewal within 24 hours of the period end. You can manage subscriptions and turn off auto-renewal in your Apple ID account settings or Google Play account settings.
Cancelling a subscription stops future renewals. You keep access to the Paid Features for the remainder of the already-paid period. Refunds for partial periods are not provided. Refund requests for subscriptions and one-time purchases are handled by Apple (App Store) or Google (Play Store) under their respective refund policies. We do not directly issue refunds for store-processed purchases.
One-time purchases (lifetime tiers, individual training programs) do not auto-renew and remain available on the same store account they were bought on.
The App is not a medical device and does not provide medical advice, diagnosis, or treatment. SpO2 readings from connected pulse oximeters are for informational and training purposes only. Do not rely on the App for medical decisions.
Breath-hold training carries inherent risks including hypoxia and loss of consciousness. Always train with a safety buddy and never practice breath holds in or near water alone.
Freediving and breath-hold training are inherently dangerous activities. By using the App, you acknowledge that:
The App includes an optional AI assistant that answers questions about your own logged data. Its responses are generated by a third-party large language model (provided by Anthropic) and may be inaccurate, incomplete, or misleading. You are interacting with an automated system, not a person.
The assistant is provided for informational purposes only. It is not medical, health, or safety advice, and it is not dive-planning or training guidance. Do not rely on it for any decision affecting your health or safety, and never let its output influence how deep, how long, or how you dive. The Not Medical Advice, Assumption of Risk, and Limitation of Liability sections apply in full to the assistant and its output.
You agree not to misuse the assistant, including attempting to access data that is not yours, and to use it in accordance with the AI provider's usage policies. We make no warranty as to the accuracy, availability, or fitness for any purpose of the assistant, and may change or discontinue it at any time.
The assistant relies on a third-party AI service and carries an ongoing operating cost. We may change, limit, suspend, or discontinue the assistant, or any other feature that depends on a third-party service, at any time, including for paid plans, giving reasonable notice where a paid feature is materially affected. One-time and “lifetime” purchases unlock the App's core on-device features as they exist from time to time; they do not include the assistant and do not guarantee its continued availability. The assistant is accessible only through an active subscription or question pack.
To the maximum extent permitted by law, ELEMENT | 08 and its developers shall not be liable for any injury, death, loss, or damage arising from the use of the App, including but not limited to:
The App, its design, code, audio content, and branding are the property of ELEMENT | 08. You may not copy, modify, distribute, or reverse-engineer any part of the App.
The App supports Bluetooth pulse oximeters from various manufacturers. We are not affiliated with these manufacturers and make no guarantees about the accuracy or reliability of their devices.
This section applies to use of the App on iOS and other Apple operating systems.
This agreement is between you and the developer of ELEMENT | 08 only. Apple Inc. is not a party to this agreement. We, not Apple, are solely responsible for the App and its content.
Apple has no obligation to provide any maintenance or support services for the App. To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to the App, and any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty will be our sole responsibility.
We are solely responsible for addressing any claims you have, or any claims of a third party, relating to the App or your use of it, including without limitation product liability claims, claims that the App fails to conform to applicable legal or regulatory requirements, claims arising under consumer protection or similar laws, and claims that the App infringes a third party's intellectual property rights.
You and we acknowledge that Apple and Apple's subsidiaries are third-party beneficiaries of this agreement, and that, upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable U.S. and foreign export-control and trade-sanctions laws when using the App.
The App and related documentation are "Commercial Items" as defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with these provisions, the App and its documentation are licensed to U.S. Government end users only as Commercial Items and only with those rights granted to all other end users under these terms.
You may stop using the App at any time by uninstalling it. We reserve the right to modify or discontinue the App at any time without notice.
We may update these Terms from time to time. Continued use of the App after changes constitutes acceptance of the updated Terms.
These Terms are governed by the laws of the jurisdiction in which the developer resides, without regard to conflict of law provisions.
If you have questions about these Terms, contact us at apnea.advantage@gmail.com.