BreathWise

Terms of Service

Last updated

These terms are an agreement between you and BreathWise, based in Perth, Western Australia ("BreathWise", "we", "us"), for the use of breathwise.com.au and the BreathWise web and mobile apps (the "Service"). By creating an account or using the Service you agree to them. If you accept them for a business, you confirm you have authority to bind it, and "you" means that business.

What BreathWise is

BreathWise is property operations software for property managers and hosts running short term rentals. Depending on the plan, it lets you keep property profiles and access details, import bookings from calendar links (iCal), create tasks by hand, on a schedule or automatically from bookings, offer and assign them to your team, run checklists with photo evidence and quality checks in the cleaner mobile app, chat with your team, send reports to property owners, handle cleaner invoices, rates and penalties, send invoices to Xero, and use an AI assistant. What each plan includes is shown on our pricing page.

Anything our website describes as planned or "being built" is not part of the Service until we release it.

BreathWise is not a property management system: it does not take bookings, set prices or manage availability on booking platforms. We provide software only. We do not employ or supervise cleaners, and we do not vet them (we do not check their background or suitability). We are not a party to your agreements with your cleaners, property owners or guests, and we are not responsible for the work they do.

Accounts and roles

  • The person who signs up creates an organisation and becomes its admin. Admins invite the rest of the team as admins, managers, cleaners or viewers; team members join by invitation only.
  • You must be 18 or over to use the Service.
  • Give accurate information and keep sign-in details safe. You are responsible for what happens under your organisation's accounts, including the people you invite, and for removing access when someone leaves.
  • Tell us straight away if you think someone has used an account without permission.

Your responsibilities

  • Only enter information about your team, property owners and guests that you are allowed to collect and use, tell them how it is used, and get any consent the law requires. That includes cleaners' location when they start a task, the reports you share with owners, and any information you let the AI features or connected AI tools read.
  • Keep access codes and guest information to what your team needs.
  • Report links you share can be opened by anyone who has the link, without signing in, until the link expires or you revoke it. Share them only with the people they are meant for, and revoke a link you no longer want to work.
  • Follow the laws that apply to your business, including employment and contractor, tax, privacy and consumer laws, and the terms of the booking platforms whose calendars you connect.
  • You set your penalty rules and rates. Make sure they are lawful and agreed with your cleaners, and check invoices, penalties and amounts before you rely on them or pay them.

Plans, trial and billing

  • Our plans (Starter, Growth and Pro) are priced per property, per month, in Australian dollars, with at least five properties billed per account, as shown on our pricing page when you subscribe. Six-monthly and yearly billing come with the discounts shown there. GST is not currently charged.
  • Our current prices are launch prices. We may change prices or plans. We will tell you at least 30 days in advance, and a price change applies from your first renewal after that notice, never to a billing period you have already paid for.
  • New organisations can try BreathWise free for 14 days, with no card required. You can also skip the trial and subscribe straight away.
  • When the trial ends, you'll be asked to add a payment method to continue; until then the account is paused. Your data is not deleted when the trial ends: a paused account's data is kept for 12 months from its last activity, and we email you 30 days before we delete it, as set out in our Privacy Policy.
  • Subscriptions renew automatically at the end of each billing period until cancelled, and you authorise us to charge your payment method through Stripe for each period.
  • If a payment fails, we will let you know. If it is not resolved, we may suspend access until it is.
  • Fees already paid are not refundable, including for part of a billing period, except where these terms say otherwise or the law requires it.

Cancelling

You can cancel at any time from the billing settings in the app or by emailing us. Cancelling stops future charges, and your plan stays active until the end of the period you have paid for. Cancelling does not delete your data straight away: you can ask us for an export of your data up to 90 days after you cancel, and the account's data is kept for 12 months from its last activity and then deleted, with an email to you 30 days before. You can also ask us to delete your organisation sooner, as explained in our Privacy Policy.

Acceptable use

  • Do not use the Service for anything unlawful, harmful or fraudulent, or to harass anyone.
  • Do not access, or try to access, other customers' data or parts of the Service you are not allowed to use.
  • Do not probe, break or overload the Service, upload malware, or scrape it. If you find a security problem, tell us at the address below.
  • Do not copy, resell, sublicense or reverse engineer the Service, except where the law allows it.
  • Do not use email, WhatsApp or the AI features to send spam or create unlawful content.
  • Do not enter sensitive information the Service does not need, such as health information.

Third-party services

The Service works with services run by others. They have their own terms, and we are not responsible for them, their availability or their changes. If a provider changes or withdraws access, we may have to change or remove an integration.

  • Booking calendars (Airbnb, Booking.com and other platforms): BreathWise reads the iCal links you add, about every hour. This is not a direct connection with those platforms, and bookings are only as accurate and timely as their calendar feeds. Check important bookings.
  • Xero (Pro): you connect your own Xero organisation to send approved cleaner invoices as bills.
  • WhatsApp: you connect your own WhatsApp Business account to send owner reports, under Meta's terms. BreathWise does not message guests.
  • Stripe processes subscription payments, and Google can be used to sign in.

Airbnb, Booking.com, Xero, WhatsApp and other names are trademarks of their owners. Mentioning them does not mean they endorse BreathWise.

AI features

The AI assistant and the MCP connection are optional and part of the Pro plan. They use the AI provider account you connect, so that provider's terms and charges apply, including what the provider keeps and whether it may use your information to train its models. We do not use your data to train AI models. Our Privacy Policy lists what information can be sent to your AI provider; when an admin or manager asks, it includes financial information. Wi-Fi passwords, door codes and team members' contact details are never sent.

AI answers can be wrong or incomplete: check them before you act on them, and do not treat them as legal, financial or safety advice. Changes the assistant proposes in the app (currently, reassigning a task) are only applied after a user confirms them, and reply drafts are never posted until someone on your team approves them. AI tools connected through MCP work differently: they can add task comments, reassign tasks and reschedule tasks directly, without a confirmation step in BreathWise. Whether your AI tool asks you before each action depends on that tool and its settings. You are responsible for the decisions you make, and the actions you allow, with the help of AI.

Your data

As between you and us, the information you put into BreathWise is yours: we do not claim ownership of it. This does not take away the rights of the people the information is about, such as your team members, property owners and guests, including their privacy rights. You give us permission to host, copy, process and transmit your information as needed to provide and support the Service, keep it secure, and run the integrations you turn on. We may use information about how the Service is used, but not the content of your data, to run and improve it. How we handle personal information is explained in our Privacy Policy. You can ask us for an export of your data while your account is active and up to 90 days after you cancel. Once data is deleted, and the backups that hold it have expired, we cannot recover it.

Availability and support

We work to keep BreathWise available and working well, but we do not promise it will be uninterrupted or error-free, and it may be unavailable during maintenance. Unless we agree otherwise in writing, there is no service level agreement. For support, write to hello@breathwise.com.au or use support in the app. Support hours are 9:00 to 16:00 Perth time (AWST), Monday to Friday, excluding Western Australian public holidays. Urgent issues are handled outside those hours according to their severity. We may improve, change or remove features over time; see "Changes to the Service and these terms" for what happens if a change materially reduces the Service.

Intellectual property

We own the Service, its software and the BreathWise brand. While your subscription is active, we give you a non-exclusive, non-transferable right to use the Service for your business under these terms. If you send us feedback or suggestions, we may use them freely.

Liability

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded. Where the law allows us to limit our liability for failing to meet a consumer guarantee, our liability is limited to supplying the Service again or paying the cost of having it supplied again.

Subject to that, and to the extent the law allows:

  • neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue, bookings or reputation;
  • we are not liable for the acts or omissions of your cleaners, owners or guests, for booking platforms or other third-party services, or for decisions you make or actions you allow based on AI output, except to the extent the loss is caused by our own negligence or our breach of these terms; and
  • each party's total liability to the other for all claims relating to the Service is limited to the fees you paid us in the 12 months before the claim arose.

These limits do not apply to your obligation to pay fees that are due, or to liability for fraud, wilful misconduct, or death or personal injury caused by negligence. Each of us must take reasonable steps to reduce any loss we suffer.

Claims by others

You are responsible for claims made against us by third parties that arise from information you put into the Service without the right to do so, or from your breach of these terms or of the law, and you will cover our reasonable costs of those claims, except to the extent they were caused by our own negligence or our breach of these terms. In the same way, we are responsible for claims made against you by third parties that the Service, as we provide it, infringes their intellectual property rights, or that arise from our breach of these terms or of the law, except to the extent they were caused by you. The party making use of this must tell the other promptly about the claim and reasonably cooperate in dealing with it.

Suspension and termination

You can stop using the Service at any time. We may suspend or end your access if you seriously or repeatedly break these terms, do not pay, put the Service or other customers at risk, or if the law requires it. Where it is reasonable, we will give you notice first and a chance to fix the problem. If we stop providing the Service to you for any other reason, we will give you at least 30 days notice and refund the unused part of any period you have paid for. When access ends, we handle your data as described in our Privacy Policy.

Changes to the Service and these terms

We may update these terms and change the Service. The date at the top shows when these terms last changed. We will tell account holders about any change to these terms or to our prices, and about any change that materially reduces the Service, by email or in the app at least 30 days before it takes effect. Price changes apply from your first renewal after that notice, as set out under "Plans, trial and billing". If you do not agree with a change, you can cancel before it takes effect. If a change materially reduces the Service you are paying for, you may cancel and we will refund the unused part of the period you have already paid for. If you keep using the Service after a change takes effect, the new terms apply.

Governing law

These terms are governed by the laws of Western Australia, Australia, and you and we submit to the courts of that State.

General

These terms and our Privacy Policy are the whole agreement between you and us about the Service. If part of them cannot be enforced, the rest still applies. If either of us does not enforce a right straight away, that right has not been given up. You may not transfer your account without our consent. These terms are published in English and Spanish; if the two versions differ, the English version prevails.

Contact us

Questions about these terms: email hello@breathwise.com.au. BreathWise, Perth, Western Australia. Postal address: 11 Snowberry Retreat, Mirrabooka WA 6061, Australia.