Sudobu Terms of Service

Effective Date: February 21, 2026
Last Updated: February 21, 2026

1. Agreement to Terms

By accessing or using the Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services.
Company Use. If you are accessing or using the Services on behalf of a company, organization, or other entity (a “Customer”), you represent and warrant that you have authority to bind that entity to these Terms. In that case, “you” and “your” refer to that entity.

2. Privacy Policy

Our Privacy Policy describes how we collect, use, and share information. By using the Services, you acknowledge you have read our Privacy Policy.

3. Changes to Terms or Services

We may modify these Terms at any time in our sole discretion. If we do, we will post updated Terms on the Services and update the “Last Updated” date. Continued use of the Services after changes become effective means you accept the updated Terms.
We may also change, suspend, or discontinue any part of the Services at any time, with or without notice.

4. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. The Services are intended for business use by studios and their authorized personnel.

5. Accounts; Registration; Security

To use many features, you must create an account.

You agree to:

  • Provide accurate and complete information
  • Maintain the confidentiality of your login credentials
  • Promptly notify us of unauthorized use or security breaches

You are responsible for all activity that occurs under your account, including actions taken by your authorized users.

6. Subscriptions, Fees, and Payment Terms

If your use of the Services is subject to fees:

  • Fees, billing frequency, and plan terms will be shown at purchase or in an order form
  • You authorize us (and our payment processor) to charge your payment method
  • Except as required by law, payments are non-refundable

Taxes. Fees are exclusive of taxes unless stated otherwise. You are responsible for applicable taxes.

Late Payment / Suspension. If payment is overdue, we may suspend or terminate access to the Services.

7. Customer Data; Roles; Responsibilities

7.1 Customer Data

“Customer Data” means content or information submitted to the Services by or on behalf of Customer, including student, parent/guardian, staff, scheduling, attendance, notes, and related operational data. As between Customer and Breathe Out:

  • Customer owns Customer Data
  • Customer grants Breathe Out a limited license to host, store, reproduce, transmit, and process Customer Data solely to provide, secure, and improve the Services and as otherwise permitted by these Terms and the Privacy Policy

7.2 Student and Minor Data

Sudobu is used by studios to manage information about students, which may include minors. Customer represents and warrants that:

  • Customer has obtained all rights, permissions, and consents required to provide Customer Data to Sudobu (including parental/guardian consent where required)
  • Customer will comply with applicable laws related to minors’ data

Breathe Out does not provide legal advice and is not responsible for Customer’s compliance obligations.

7.3 Data Processing

To the extent Breathe Out processes Customer Data on Customer’s behalf, Breathe Out acts as a service provider/processor and Customer acts as controller/business, as those terms are defined under applicable privacy laws.

8. Communications; SMS/Voice

The Services may allow you to send communications (including SMS) to your students, members, parents/guardians, or staff. You are responsible for:

  • Ensuring you have all necessary consents
  • Complying with applicable laws (including TCPA and similar laws)
  • Content of messages sent through your account

We may use Twilio or similar providers to deliver communications.

9. Acceptable Use; Prohibited Conduct

You agree not to:

  • Use the Services for unlawful purposes
  • Upload content you do not have rights to use
  • Attempt to gain unauthorized access to systems or accounts
  • Probe, scan, or test vulnerabilities; bypass security measures
  • Reverse engineer, decompile, or disassemble the Services
  • Interfere with or disrupt the Services (including introducing malware)
  • Use automated scraping or extraction tools without our permission
  • Collect personal information from other users without authorization

We may investigate violations and cooperate with law enforcement as required.

10. Third-Party Services and Integrations

The Services may integrate with third-party services (e.g., Stripe for payments, Twilio for communications). Your use of third-party services is governed by their terms and policies. We are not responsible for third-party services.

11. Feedback

If you provide suggestions or feedback (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use the Feedback without restriction or compensation.

12. Intellectual Property; License

We and our licensors own all rights, title, and interest in the Services, including software, branding, and documentation.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes during your subscription term.

13. Confidentiality (Business Use)

Each party may receive confidential information from the other. The receiving party agrees to:

  • Use confidential information only to perform under these Terms
  • Protect it using reasonable care
  • Not disclose it except to employees/contractors who need to know and are bound by confidentiality obligations

Confidentiality does not apply to information that is publicly known through no fault of the receiving party, independently developed, or lawfully received from a third party.

14. Termination

You may stop using the Services at any time. We may suspend or terminate your access if:

  • You breach these Terms
  • Payment is overdue
  • Your use risks harm to users, the Services, or third parties

Upon termination:

  • Your license ends
  • We may delete Customer Data as described in the Privacy Policy and any applicable data retention practices, subject to legal requirements

15. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, secure, or error-free, or that data will be completely accurate or preserved without loss.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BREATHE OUT AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR $100 IF YOU HAVE NOT PAID US.

17. Indemnification

You will indemnify and hold harmless Breathe Out and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of the Services
  • Your Customer Data (including student/minor data provided by you)
  • Your communications (including SMS compliance)
  • Your violation of these Terms or applicable law

18. Governing Law; Forum

These Terms are governed by the laws of the State of California, excluding conflict-of-law rules.
Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in State of California, and the parties consent to personal jurisdiction and venue there.

19. General Terms

  • Entire Agreement. These Terms and the Privacy Policy are the entire agreement regarding the Services.
  • Severability. If any provision is unenforceable, the remainder remains in effect.
  • Assignment. You may not assign these Terms without our consent. We may assign freely.
  • No Waiver. Failure to enforce a provision is not a waiver.
  • Notices. We may provide notices by email or by posting within the Services.

20. Contact Information

Breathe Out LLC (Sudobu)
Email: admin@sudobu.com
Address: 8 The Green, Suite B, Dover, DE 19901