DRAFT — not legal advice, needs counsel review

Terms of Service

Effective {{EFFECTIVE_DATE}}

These terms are an agreement between you and {{OPERATOR_LEGAL_NAME}} (“TechFusion”, “we”, “us”), a company registered in Vietnam at {{OPERATOR_ADDRESS}}. They cover the Breaker app and this website. By using Breaker, you agree to them and to our Privacy Policy.

1. Who can use Breaker

• You must be 18 or older. If you're not, don't use Breaker.
• You must be allowed to use it under the laws that apply to you.
• Breaker is offered only in certain countries. It isn't offered in Vietnam, among others. Don't use Breaker from a country where we don't offer it, or try to get around our region checks.

2. Your account and devices

There's no password. Your account lives in keys on your devices, with a backup key synced through your iCloud Keychain. Keep your devices secure: anyone using your unlocked device can use your account. If you lose every device and your backup key, we can't recover the account. Your display name and emoji must follow section 4.

3. Private groups

• Groups are private and invite-only. There are no public channels or directories.
• Anyone with a valid invite link, QR code or code can join until it expires or is revoked, so share invites only with people you mean to invite.
• The group's owner and admins can invite people, remove members, revoke invites and edit the group. Only the owner can delete the group or hand over ownership.
• Everything said in a group is heard by every member who's tuned in.

4. Acceptable use

Don't use Breaker to:

• break the law or help someone else break it;
• harass, threaten, bully, stalk or intimidate anyone;
• promote hatred or violence against people for who they are;
• share sexual content involving minors. We report it to the authorities;
• share sexual or graphic content with people who haven't agreed to receive it;
• impersonate someone, or mislead people about who you are in a harmful way;
• record or rebroadcast other people's audio without the consent the law requires;
• send spam or join groups you weren't meant to be invited to;
• interfere with the service: no bots, scraping, overloading, reverse engineering beyond what the law allows, or getting around limits, attestation or bans.

Follow local laws on using a phone while driving, riding or doing anything else that needs your attention.

5. Reporting, blocking and removal

• Report a member from the app. You can choose to attach the last clip you received from them. We review reports and keep clips for 90 days.
• Block a member so you no longer hear them.
• Group owners and admins can remove members and revoke invites.

If we find you've broken these terms, we may warn you, limit features, remove you from groups, suspend or close your account, and block your device from creating new accounts. If you think we got it wrong, email us and we'll take another look.

6. Plans and billing

• Free plan: groups of up to 5 members. We may change the free plan's limits, for example by adding a daily talk-time allowance, and we'll tell you in the app first.
• Group Pass: an auto-renewing subscription bought by a group's owner. It covers up to 5 groups they own, with up to 25 members each, unlimited talk time and no ad prompts. It costs US$3.99 a month or US$29.99 a year, or the local price shown in the App Store.
• Billed by Apple. Apple charges your Apple ID when you confirm the purchase, and the subscription renews automatically unless you turn off auto-renew at least 24 hours before the end of the current period. Manage or cancel it in your Apple account settings. Deleting the app or your Breaker account doesn't cancel it.
• Free trial. Eligible new subscribers get a 7-day free trial. Unless you cancel at least 24 hours before it ends, it becomes a paid subscription.
• Refunds are handled by Apple under its policies. We can't issue them ourselves.
• If a Group Pass ends while a group has more than 5 members, the group gets 3 days' grace. After that, talking is paused until the owner renews or the group is back down to 5. Members are never removed automatically.

7. Ads

Breaker doesn't show ads at launch. We may later add optional rewarded ads on the free plan: you choose to watch an ad, and your group gets extra talk time. Ads will always be your choice. There will be no banner ads and no ads in notifications, and groups covered by a Group Pass won't see ad prompts. We'll update these terms and our Privacy Policy before ads start.

8. Our service

We work to keep Breaker running well, but we can't promise it will always be available, uninterrupted or free of errors. We may change, add or remove features. If we make a change that significantly reduces what a paid plan includes, we'll tell you first.

9. Your content and our rights

What you say is yours. You give us permission to transmit it to your group, and to handle report clips as described in our Privacy Policy, only so we can run Breaker. We own Breaker, its name and its design. We give you a personal, non-transferable licence to use the app under these terms. If you send us feedback, we may use it without owing you anything.

10. Ending these terms

You can stop using Breaker and delete your account in the app at any time. We may suspend or close your account if you break these terms, if the law requires it, or if we stop offering Breaker. Where we can, we'll give notice. Sections 9 and 11 to 13 continue after these terms end.

11. Disclaimers and limits on liability

To the extent the law allows, Breaker is provided “as is” and “as available”, without warranties of any kind, express or implied, including fitness for a particular purpose. To the extent the law allows, we aren't liable for indirect, incidental, special or consequential losses, or for loss of data, profits or opportunities, and our total liability to you for any claim is limited to the greater of what you paid us in the 12 months before the claim and US$50.

Nothing in these terms limits rights you have under consumer protection laws that can't be excluded, such as the consumer guarantees in the Australian Consumer Law and New Zealand's Consumer Guarantees Act, or the laws of your US state or Canadian province.

12. Governing law and disputes

These terms are governed by {{GOVERNING_LAW}}. If you live in a country or state whose consumer laws give you the right to bring a claim in your local courts or under your local law, these terms don't take that right away. Please contact us first so we can try to resolve any problem informally.

13. Apple

If you got Breaker from the App Store:

• These terms are between you and us, not Apple. Apple isn't responsible for Breaker or its content.
• Your licence lets you use Breaker on Apple-branded devices you own or control, as allowed by the App Store's usage rules.
• Apple has no obligation to provide maintenance or support for Breaker.
• If Breaker fails to meet an applicable warranty, you can tell Apple, and Apple will refund the purchase price, if any. Apple has no other warranty obligation for Breaker.
• We, not Apple, are responsible for handling any claims about Breaker, including product liability, legal or regulatory compliance and consumer protection claims, and any claim that Breaker infringes someone's intellectual property.
• You confirm that you aren't in a country under a US government embargo or designated as a “terrorist supporting” country, and aren't on any US government list of prohibited or restricted parties.
• You must also follow any third-party terms that apply when you use Breaker, such as your mobile carrier's.
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

14. Changes to these terms

We'll update the date at the top when we change these terms, and tell you in the app before important changes take effect. If you keep using Breaker after that, the new terms apply.

15. Contact

Email support@breakerapp.xyz, or write to {{OPERATOR_LEGAL_NAME}}, {{OPERATOR_ADDRESS}}.