Terms of service

TERMS OF SERVICE
Last updated: July 23, 2026
OVERVIEW
Welcome to Breath & Biome. These Terms of Service are entered into between you and The Biome Society PLLC, doing business as Breath & Biome (“Breath & Biome,” “we,” “us,” or “our”).
Breath & Biome operates this store and website, including all related information, content, features, tools, products, and services, to provide customers with a curated shopping experience collectively referred to as the “Services.” Breath & Biome is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you access or use the Services.
Please read these Terms of Service carefully. They contain important information about your legal rights, including warranty disclaimers, limitations of liability, and dispute-related provisions.
By visiting, interacting with, or using the Services, you agree to be bound by these Terms of Service and our Privacy Policy, available at https://breathandbiome.com/policies/privacy-policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the Services.
SECTION 1 — ACCESS AND ACCOUNTS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence. You also represent that you have given any required consent for your minor dependents to use the Services on devices that you own, purchase, or manage.
To use certain parts of the Services, including accessing our online store or purchasing products or services, you may be asked to provide information such as your name, email address, billing information, payment information, and shipping information.
You represent and warrant that all information you provide is accurate, current, and complete and that you have all rights necessary to provide that information.
You are responsible for maintaining the confidentiality and security of your account credentials and for all activity that occurs through your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 — OUR PRODUCTS AND SERVICES
We make reasonable efforts to display and describe our products and services accurately. However, product colors, packaging, dimensions, and appearance may differ from how they appear on your screen because of your device, monitor settings, manufacturing variations, or updates to product packaging.
We do not warrant that the appearance, taste, texture, performance, or perceived quality of a product or service will meet your personal expectations or appear exactly as depicted in the Store.
Product descriptions, formulations, packaging, pricing, and availability may change at any time without notice. We reserve the right to discontinue a product or service at any time and to limit quantities offered to any person, household, geographic region, or jurisdiction.
We may restrict the sale or availability of products where doing so is reasonably necessary to comply with applicable law, manage inventory, protect customers, or prevent suspected fraud or resale.
SECTION 3 — ORDERS
When you submit an order, you are making an offer to purchase the products identified in your order. Breath & Biome may accept or decline an order for any lawful reason and at its discretion.
Your order is not accepted until we confirm acceptance. We must receive and process your payment before an order is accepted.
Please review your order carefully before submitting it. Once an order has been accepted or entered into fulfillment, we may be unable to cancel or modify it.
If we decline, cancel, or materially change an order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided with the order.
We reserve the right to limit or cancel orders that appear, in our reasonable judgment, to have been placed by dealers, resellers, distributors, automated purchasing systems, or other parties purchasing for commercial resale.
Purchases are subject to our Refund Policy, available at https://breathandbiome.com/policies/refund-policy.
Unless we expressly approve otherwise in writing, you represent and warrant that products purchased through the Services are intended for your personal or household use and not for commercial resale or export.
SECTION 4 — PRICES, TAXES, AND BILLING
Prices, discounts, and promotions may change without notice. The price charged for a product or service will be the price displayed when your order is placed, subject to correction of errors as described in these Terms.
Unless expressly stated otherwise, posted prices do not include applicable taxes, shipping charges, handling charges, customs duties, import fees, or similar charges.
Prices offered through the Store may differ from prices offered through another website, marketplace, physical location, retailer, practitioner, promotional campaign, or third-party seller.
Promotions may be subject to separate terms and conditions. If separate promotional terms conflict with these Terms of Service, the promotional terms will govern with respect to that promotion.
You agree to provide accurate, current, and complete purchase, billing, payment, and account information. You agree to promptly update information that changes, including your email address, payment method, credit card number, and expiration date.
You represent and warrant that:
The payment information you provide is accurate and complete.
You are authorized to use the payment method provided.
Charges incurred through your account will be honored by your payment provider.
You will pay all charges associated with your order, including applicable shipping charges and taxes.
SECTION 5 — SHIPPING AND DELIVERY
Delivery dates and transit times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs authorities, weather, labor disruptions, incorrect or incomplete address information, or other circumstances outside our reasonable control.
You are responsible for providing a complete and accurate delivery address. We are not responsible for delivery problems caused by an address that was entered incorrectly or was incomplete.
Please contact us promptly at dr.josh@thebiomesociety.com if an order arrives damaged, appears to have been lost in transit, or is marked delivered but cannot be located. We will review the circumstances and work toward an appropriate resolution in accordance with our Refund Policy and applicable law.
Nothing in this section limits any rights you may have under applicable consumer-protection law.
SECTION 6 — EDUCATIONAL AND HEALTH INFORMATION
Content made available through the Services is provided for general educational and informational purposes only.
Nothing on the website, in product descriptions, in emails, on social media, or in other communications from Breath & Biome is intended to establish a dentist-patient, physician-patient, or other healthcare-provider relationship.
The Services are not a substitute for individualized medical, dental, nutritional, or other professional healthcare advice. You should consult an appropriately qualified healthcare professional regarding questions about your health, symptoms, medications, allergies, pregnancy, breastfeeding, dental conditions, medical conditions, or use of a particular product.
Do not disregard professional healthcare advice or delay seeking care because of information presented through the Services.
Unless expressly stated and legally permitted, our products are not intended to diagnose, treat, cure, or prevent any disease or medical or dental condition.
Individual experiences and results may vary. Reviews, testimonials, and statements describing individual experiences do not guarantee that you will have the same experience or result.
If you experience an unexpected or adverse reaction, discontinue use and seek advice from an appropriate healthcare professional.
SECTION 7 — PRODUCT USE AND SAFETY
You agree to use products only as directed on their packaging and associated instructions.
You are responsible for reviewing product ingredients, warnings, usage directions, and storage requirements before use.
Do not use a product if you are allergic or sensitive to any listed ingredient. Keep products out of reach of children unless the packaging expressly states that the product is appropriate for children and the child is supervised as directed.
You should consult an appropriate healthcare professional before using a product if you are pregnant, breastfeeding, taking medication, receiving medical or dental treatment, have a significant health condition, or are uncertain whether the product is appropriate for you.
Do not use a product after its expiration date or if its packaging is opened, damaged, altered, or appears to have been tampered with.
SECTION 8 — INTELLECTUAL PROPERTY
The Services, including all trademarks, trade names, logos, product names, slogans, text, displays, images, graphics, illustrations, packaging designs, videos, audio, software, and the selection and arrangement of such materials, are owned by The Biome Society PLLC, its licensors, suppliers, or other applicable rights holders and are protected by United States and international intellectual-property laws.
These Terms permit you to use the Services for your personal, noncommercial use only.
Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, scrape, store, transmit, sell, license, or commercially exploit any material made available through the Services, except where such activity cannot lawfully be restricted.
Nothing in these Terms grants you a license or other right under any patent, trademark, copyright, trade secret, or other intellectual-property right belonging to Breath & Biome, Shopify, or any third party, except for the limited right to use the Services in accordance with these Terms.
Unauthorized use may violate copyright, trademark, patent, privacy, publicity, unfair-competition, and other applicable laws. All rights not expressly granted are reserved.
The Breath & Biome name, logo, product names, designs, and slogans are trademarks or claimed trademarks of Breath & Biome, its affiliates, or licensors. You may not use them without prior written permission.
Shopify’s name, logo, products, service names, designs, and slogans are trademarks of Shopify. Other names, logos, product names, designs, and slogans appearing through the Services are the property of their respective owners.
SECTION 9 — OPTIONAL TOOLS
We may provide access to tools, applications, features, or services made available by third parties. We may not monitor, control, or have input into those third-party tools.
You acknowledge and agree that access to optional third-party tools is provided “as is” and “as available,” without warranties, representations, conditions, or endorsements of any kind.
To the fullest extent permitted by law, we are not responsible for claims, losses, or damages arising from your use of optional third-party tools.
Your use of third-party tools is at your discretion and may be governed by separate terms and privacy policies. You should review and understand those terms before using a third-party tool.
New tools, resources, and features that we add to the Services may also be governed by these Terms.
SECTION 10 — THIRD-PARTY LINKS
The Services may contain links, integrations, embedded features, or materials provided or operated by third parties.
We are not responsible for examining or evaluating the accuracy, security, practices, availability, content, products, or services of a third-party website or provider.
Accessing a third-party website or service is at your own risk. We are not liable for harm or damages arising from your access to or use of third-party websites, content, products, or services.
Please review the third party’s policies and practices before providing information or entering into a transaction. Questions or complaints concerning a third-party product or service should be directed to the applicable third party.
SECTION 11 — RELATIONSHIP WITH SHOPIFY
Breath & Biome is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through the Store are made directly with Breath & Biome.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Breath & Biome, including any injury, damage, or loss resulting from purchased products or services.
To the fullest extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Breath & Biome.
SECTION 12 — PRIVACY
Personal information collected through the Services is handled in accordance with our Privacy Policy, available at https://breathandbiome.com/policies/privacy-policy.
Certain personal information may also be processed in accordance with Shopify’s privacy practices. Because the Services are hosted by Shopify, Shopify may collect and process information about your access to and use of the Services to provide, secure, and improve its platform and related services.
Information submitted through the Services may be transmitted to or processed by Shopify and other service providers, including service providers operating outside your state or country of residence.
Please review our Privacy Policy for more information about how we, Shopify, and our service providers collect, use, disclose, retain, and protect personal information.
SECTION 13 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information made available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.
We reserve the right to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice. If inaccurate information affects an order you have already submitted, we may correct or cancel the affected order and will notify you when reasonably practicable.
If we cancel an order after payment has been processed, we will issue an appropriate refund to the original payment method.
SECTION 14 — PROHIBITED USES
You may access and use the Services only for lawful purposes and in accordance with these Terms.
You may not access or use the Services, directly or indirectly:
1. for any unlawful, fraudulent, deceptive, or malicious purpose;
2. to violate any applicable international, federal, state, provincial, territorial, or local law, regulation, rule, or ordinance;
3. to infringe or violate our intellectual-property rights or the rights of another person;
4. to harass, abuse, threaten, defame, intimidate, discriminate against, or otherwise harm another person;
5. to submit or transmit false, misleading, fraudulent, or deceptive information;
6. to upload, transmit, download, use, or reuse material that violates these Terms;
7. to transmit unsolicited advertising or promotional material, including spam, junk mail, chain letters, or similar solicitations;
8. to impersonate another person or entity or misrepresent your identity or affiliation;
9. to interfere with another person’s access to or use of the Services;
10. to upload or transmit viruses, malware, malicious code, or other material that may affect the functionality, security, or operation of the Services;
11. to reproduce, duplicate, copy, sell, resell, or commercially exploit any portion of the Services except as expressly permitted by us;
12. to collect, scrape, harvest, or track personal information belonging to another person;
13. to use any robot, spider, scraper, crawler, automated purchasing system, artificial-intelligence agent, data-extraction tool, or other automated process to access or interact with the Services without our prior written permission;
14. to circumvent CAPTCHAs, robot-exclusion protocols, access restrictions, security features, purchase limits, or other measures used to protect or manage the Services; or
15. to engage in conduct that may harm Breath & Biome, Shopify, our customers, or other users or expose any of them to liability.
We reserve the right to suspend, restrict, or terminate your access to the Services if we reasonably determine that you have violated these Terms.
SECTION 15 — TERMINATION
We may suspend or terminate your access to all or part of the Services if you violate these Terms, misuse the Services, engage in suspected fraud or unlawful activity, or create a security, legal, or operational risk.
You may stop using the Services at any time.
Termination does not affect any rights, remedies, obligations, or liabilities that arose before termination. You remain responsible for amounts properly due for orders placed before termination.
The provisions concerning intellectual property, feedback, disclaimers, limitations of liability, indemnification, severability, waiver, assignment, governing law, and any other provisions that by their nature should survive will continue after termination.
SECTION 16 — DISCLAIMER OF WARRANTIES
Information presented through the Services is provided for general informational and educational purposes. We do not guarantee that such information is accurate, complete, current, or suitable for your individual circumstances. Any reliance you place on information available through the Services is at your own risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY STATED BY BREATH & BIOME, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN THOSE JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.
Nothing in these Terms excludes or limits any warranty or consumer right that cannot lawfully be excluded or limited.
SECTION 17 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BIOME SOCIETY PLLC, DOING BUSINESS AS BREATH & BIOME, AND ITS OFFICERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR REPLACEMENT COSTS, ARISING FROM OR RELATED TO:

1. YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES;
2. PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES;
3. CONTENT MADE AVAILABLE THROUGH THE SERVICES;
4. CONDUCT OR CONTENT OF ANOTHER USER OR THIRD PARTY; OR
5. UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR INFORMATION.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANOTHER LEGAL THEORY, EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

1. THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM; OR
2. ONE HUNDRED UNITED STATES DOLLARS.
The limitations in this section do not apply to liability that cannot lawfully be excluded or limited, including any rights available under applicable consumer-protection law.
SECTION 18 — INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless The Biome Society PLLC, doing business as Breath & Biome, and its officers, members, employees, affiliates, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities, damages, judgments, awards, costs, and reasonable attorneys’ fees arising from or related to:
1. your material breach of these Terms or another policy incorporated into them;
2. your violation of applicable law or the rights of another person; or
3. your misuse of the Services.
We will provide reasonable notice of an indemnifiable claim. A delay in providing notice will not relieve you of your obligations unless the delay materially prejudices your ability to defend the claim.
We may control the defense and settlement of the claim using counsel of our choosing. We will not agree to a settlement that imposes a nonmonetary obligation or admission of wrongdoing upon you without your consent, which will not be unreasonably withheld. You agree to reasonably cooperate in the defense of the claim.
## SECTION 19 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law.
Any unenforceable portion will be deemed severed from these Terms, and the determination will not affect the validity or enforceability of the remaining provisions.
SECTION 20 — WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, and any other policies or operating rules posted through the Services, constitute the entire agreement between you and us concerning your use of the Services. They supersede prior or contemporaneous agreements, communications, and proposals concerning the Services, whether oral or written.
Any ambiguity in these Terms will not be interpreted automatically against either party solely because that party drafted the provision.
SECTION 21 — ASSIGNMENT
You may not assign, delegate, or transfer these Terms or your rights or obligations under them without our prior written consent. Any attempted assignment made without that consent is void to the extent permitted by law.
We may assign or transfer these Terms and our rights and obligations in connection with a merger, acquisition, sale of assets, restructuring, financing, change of control, or transfer of the Breath & Biome business.
SECTION 22 — GOVERNING LAW AND VENUE
These Terms and any dispute arising from or relating to these Terms or the Services will be governed by the laws of the State of Colorado, without regard to its conflict-of-laws principles.
Subject to any rights that cannot be waived under applicable consumer-protection law, you and The Biome Society PLLC consent to the exclusive jurisdiction of the state and federal courts located in Colorado for disputes arising from or relating to these Terms or the Services.
Nothing in this section deprives a consumer of protections provided by the mandatory laws of the jurisdiction in which the consumer resides.
SECTION 23 — HEADINGS
Section titles and headings are included for convenience only and do not limit or otherwise affect the meaning or interpretation of these Terms.
SECTION 24 — CHANGES TO THESE TERMS
You may review the most current version of these Terms at any time on this page.
We may update, change, or replace portions of these Terms by posting a revised version through the Services. When required by applicable law, we will provide additional notice of material changes.
Changes will become effective on the date stated in the revised Terms or accompanying notice. Your continued use of the Services after the effective date of revised Terms constitutes your acceptance of the revised Terms to the extent permitted by applicable law.

SECTION 25 — CONTACT INFORMATION
Questions about these Terms may be sent to:
The Biome Society PLLC
Doing business as Breath & Biome
Email: dr.josh@thebiomesociety.com