Terms of service
BREATHE DIVINITY — TERMS OF SERVICE
Last updated September 24, 2026
These Terms of Service ("Terms") are a binding agreement between you and Breathe Divinity LLC, a California limited liability company ("Breathe Divinity," "we," "us," or "our"). They govern your use of breathedivinity.com and all related stores, pages, communications, text and email programs, communities, events, and services (the "Services"), and every purchase you make from us.
PLEASE READ SECTION 23 CAREFULLY. IT REQUIRES YOU AND BREATHE DIVINITY TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WAIVES CLASS ACTIONS AND JURY TRIALS, AND EXPLAINS HOW TO OPT OUT WITHIN 30 DAYS.
1. Agreement to These Terms
By accessing the Services, creating an account, subscribing to our messages, or placing an order, you agree to these Terms and to the policies incorporated into them, including our Privacy Policy, our Shipping Policy, and any terms presented with a specific offer, drop, or promotion. If you do not agree, do not use the Services. These Terms also apply to purchases through our official sales channels, events, and pop-ups unless different terms are posted there.
Terms presented with a specific offer or drop control for that offer. Our Shipping Policy controls on processing, delivery, and damage claims. These Terms control on everything else.
You must be at least 18 years old or the age of majority where you live to use the Services. If you are younger, you may use the Services only with the involvement of a parent or guardian who agrees to these Terms on your behalf.
2. Changes to These Terms
We may update these Terms from time to time. We will post the updated version on this page, change the "Last updated" date, and give additional notice of material changes as required by law. Changes apply from the date they are posted and are not retroactive. Your continued use of the Services after changes are posted means you accept them. Changes to Section 23 are handled as described in Section 23.10.
3. Accounts
You are responsible for providing accurate information, keeping your login credentials confidential, and all activity under your account. You may not create multiple accounts or use another person's account to get around purchase limits, drop access rules, or offer terms. We may suspend or close accounts that violate these Terms.
4. Products, Drops, and Availability
Limited releases. Our collections are released in limited quantities and sell out. Sold out means sold out. We are not obligated to restock any product, colorway, or size.
No reservations. Adding an item to your cart does not reserve it. Inventory is confirmed only when your order is processed. If an item oversells or becomes unavailable after you order, we will cancel and refund that item.
In stock. Products are sold from available stock unless a product page clearly states otherwise. Waitlist and restock notifications do not reserve product or guarantee availability.
Early access. Early access for text subscribers, VIP members, and community members is a discretionary perk. We may change its timing or eligibility, or end it, at any time, and we are not responsible if technical issues affect access.
Product details. Colors vary by screen and lighting, and dark and near-black colorways are especially sensitive to display settings. Measurements, fabric weights, and fit are approximate and may vary slightly between production runs. Size charts are guides, not guarantees of fit.
Care. Follow the care label. Dark and heavily dyed garments may bleed or fade, so wash them separately in cold water. Damage from improper care, alterations, accidents, or normal wear is not a defect.
Fitness use. Our products are apparel, not medical devices. Compression garments are not intended to diagnose, treat, or prevent any condition. Consult a physician before starting any exercise program. Content from our athletes and affiliates is not professional medical or fitness advice.
5. Pricing and Errors
Prices are listed in U.S. dollars unless stated otherwise and may change without notice. Descriptions, prices, images, or availability may occasionally contain errors. We may correct errors and cancel any order affected by one, including after you receive an order confirmation, and we will refund any amount charged for a canceled order. We do not offer price adjustments, refunds, or credits if a price drops or a promotion starts after your purchase.
6. Orders
Your order is an offer to buy. An order confirmation email confirms we received your order; it is not acceptance. We accept your order when it ships.
We may refuse, limit, or cancel any order, in whole or in part, including for suspected fraud or unauthorized payment, use of bots or automation, suspected commercial resale, purchase limit violations, pricing or inventory errors, undeliverable addresses, or violations of these Terms. We may limit quantities per person, account, household, address, or payment method, including per drop. If we cancel an order you paid for, we will refund you.
As described in our Shipping Policy, you cannot cancel an order once it has been processed.
7. Payment and Taxes
You authorize us and our payment processors to charge your selected payment method for your order, including applicable taxes and shipping, and you confirm you are authorized to use it. Buy-now-pay-later and other third-party payment options are governed by the provider's terms. We collect sales tax where required by law and may verify orders and payment information before shipping.
8. Shipping, Title, and Risk of Loss
Our Shipping Policy governs processing times, delivery, address accuracy, lost or stolen packages, and damage claims, and is part of these Terms. Delivery estimates are not guarantees. If we cannot ship your order within the time stated at purchase, we will notify you and give you the option to cancel for a full refund, as required by law.
Title and risk of loss pass to you when we deliver your order to the carrier. If a package is lost in transit before it is marked delivered, contact us and we will open a claim with the carrier.
International customers are the importer of record and are responsible for all duties, taxes, and customs fees. Orders refused or abandoned because of unpaid duties will not be refunded.
9. All Sales Final; Damaged or Defective Items
Due to the exclusivity and limited nature of our collections, all sales are final. We do not accept returns, issue refunds, or allow exchanges, except for items that arrive visibly damaged or defective.
If your item arrives visibly damaged or defective, email support@breathedivinity.com within 48 hours of delivery with your order number, clear photos of the item, and photos of the shipping label and packaging. Approved claims are resolved by exchange for the same item, subject to availability. If it is unavailable, we will issue store credit, or a refund where required by law. To the fullest extent permitted by law, this is your sole remedy for damaged or defective items.
10. Chargebacks and Payment Disputes
If there is a problem with your order, contact us first. We can usually resolve it faster than your bank.
If you dispute a charge for an order that was delivered as described, we may provide your order details, payment and delivery records, communications, and your acceptance of these Terms and our policies to the payment processor or card issuer. If we reasonably believe a dispute is unfounded or fraudulent, we may suspend your account, cancel pending orders, decline future orders, and pursue amounts owed as permitted by law.
11. Promotions, Codes, Gift Cards, and Store Credit
Every offer is subject to the terms shown with it, such as new subscribers only, one use per customer, U.S. only, no combining with other offers, shipping or discount caps, and expiration dates. Unless stated otherwise, discount codes are limited to one per order, have no cash value, are not transferable, and cannot be applied to past orders. Athlete and affiliate codes are provided for their audiences. We may void codes and cancel orders involving codes obtained or used in violation of their terms, including through multiple accounts or unauthorized posting.
Gift cards and store credit cannot be redeemed for cash except where required by law. We do not impose expiration dates or fees on gift cards where prohibited by law. Giveaways and contests are governed by their official rules.
12. Text Messages (SMS)
By opting in to texts from Breathe Divinity, including at checkout or through a sign-up form, you agree to receive recurring automated marketing and informational text messages at the number you provide, including drop alerts, early access notices, offers, cart and checkout reminders, order updates, and review requests. You confirm you are the subscriber or authorized user of that number. You may receive texts even if your number is on a state or federal do-not-call list. Consent is not a condition of any purchase. Message frequency varies. Message and data rates may apply.
Opting out. Reply STOP to any message to opt out. We also honor other reasonable opt-out requests, including replies such as QUIT, END, CANCEL, UNSUBSCRIBE, REVOKE, or OPT OUT, and requests emailed to support@breathedivinity.com. We may send one message confirming your opt-out. Reply HELP for help.
Carriers are not liable for delayed or undelivered messages. We may change the phone number or short code we use and will notify you if we do. Mobile numbers, text message opt-in data, and consent are never sold, rented, or shared with third parties or affiliates for their marketing or promotional purposes. See our Privacy Policy at breathedivinity.com/policies/privacy-policy.
13. VIP Programs and Community
VIP status, early access, and community perks are discretionary privileges, not purchased rights, and may be changed or ended at any time. Our community spaces, including our Discord server and social channels, are subject to the platform's terms and our community rules. We may moderate content and remove access or VIP status for conduct such as harassment, threats, hate speech, spam, scams, fraud, impersonation, sharing others' personal information, bot use, or abuse of our staff, athletes, or members.
Seller verification and other community badges confirm only that a member met community criteria. They are not an endorsement or guarantee of any transaction between members.
Nothing in these Terms restricts your right to share honest reviews, opinions, or complaints about us or our products.
14. Resale and Wholesale
You may resell genuine Breathe Divinity products you own. We may, however, limit or cancel orders we reasonably believe are placed for commercial resale, including orders using bots, multiple accounts, or quantities above purchase limits. Wholesale and bulk purchasing are available only under a separate written agreement signed by us.
Resellers may not state or imply that they are authorized by or affiliated with Breathe Divinity. We are not responsible for products bought from resellers, marketplaces, or other third parties, including transactions between community members. Our policies, including damage claims, apply only to orders placed directly with us.
15. Athletes and Affiliates
Our athlete and affiliate programs are governed by separate agreements. Athletes and affiliates are independent and are not our employees or agents. Their statements are their own and are not made on our behalf unless we expressly say so.
16. Intellectual Property and Counterfeits
The Services and their content, including our name, logos, designs, artwork, graphics, hang tag art, product and colorway names, photos, videos, text, and the look and feel of our website and brand, are owned by Breathe Divinity or its licensors and protected by trademark, copyright, trade dress, and other laws. We grant you a limited, revocable, non-transferable license to use the Services for personal shopping. You may not copy, reproduce, modify, distribute, or create derivative works from our content, or use our trademarks, including in domain names, social media handles, ads, or search keywords, without our written permission.
Genuine Breathe Divinity products are sold only through breathedivinity.com, our official sales channels, and our authorized partners. Products sold through other websites or marketplaces may be counterfeit and are not covered by our policies. We enforce our rights against counterfeiters and infringers. Report suspected counterfeits to support@breathedivinity.com.
17. Your Content, Reviews, and Ideas
You keep ownership of content you submit to us or through the Services, such as reviews, photos, videos, messages, and contest entries. You grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, display, adapt (for example, by cropping or formatting), and distribute that content, along with the name or handle you submitted it under, in any media, including marketing. You confirm you have the rights to grant this license and that your content does not violate any law or anyone's rights.
Reviews must reflect your genuine experience. We do not remove reviews because they are negative. We may remove content that is spam, fake, off-topic, unlawful, or abusive, or that contains personal information.
If you send us ideas, designs, or suggestions, we may use them without restriction, compensation, or any obligation of confidentiality.
18. Prohibited Conduct
You may not:
- use bots, scripts, or other automated means to access the Services, add items to your cart, or purchase;
- scrape, crawl, or copy content from the Services, or use it to train artificial intelligence or machine learning models;
- bypass password pages, queues, purchase limits, security features, or drop access rules;
- place fraudulent orders, use unauthorized payment methods, provide false information, or file fraudulent payment disputes;
- sell counterfeit products, or impersonate Breathe Divinity, our staff, or our athletes;
- harass, threaten, or abuse our staff, athletes, or community members;
- upload malware, interfere with the Services, or attempt unauthorized access; or
- use the Services for any unlawful purpose.
19. Third-Party Services
The Services rely on third parties, including Shopify, payment processors, shipping carriers, messaging providers, and community and social media platforms. Their services are governed by their own terms, and we are not responsible for their acts, omissions, or content, including third-party websites linked from the Services.
20. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT YOU WILL BE ABLE TO PURCHASE ANY PRODUCT DURING A DROP. HIGH TRAFFIC, OUTAGES, QUEUES, AND SELLOUTS MAY PREVENT PURCHASES, AND WE ARE NOT RESPONSIBLE FOR MISSED PURCHASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
21. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BREATHE DIVINITY, ITS RELATED COMPANIES, AND THEIR MEMBERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST RESALE VALUE, LOST DATA, OR MISSED PURCHASE OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE SERVICES OR ANY PRODUCT, EVEN IF ADVISED OF THEIR POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE ORDER GIVING RISE TO THE CLAIM OR $100. THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
22. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless Breathe Divinity, its related companies, and their members, officers, employees, agents, and licensors from any claims, losses, and expenses, including reasonable attorneys' fees, arising from your violation of these Terms or the law, your content, your misuse of the Services, or any fraudulent payment dispute you file.
23. Dispute Resolution and Arbitration
23.1 Informal resolution first. Before starting arbitration or a small claims case, you and we agree to try to resolve any dispute informally. Send a written Notice of Dispute to support@breathedivinity.com with the subject line "Notice of Dispute," or by mail to the address in Section 31. It must include your name, contact information, order number if any, a description of the dispute, and the relief you want, and it must be signed by you. We will send any notice to you at the email address on your account or order. Both sides will negotiate in good faith for 60 days after the notice is received, and statutes of limitation are paused during that period.
23.2 Agreement to arbitrate. Except as provided in Section 23.3, any dispute, claim, or controversy between you and Breathe Divinity arising out of or relating to these Terms, the Services, any product or purchase, our marketing or communications, or our relationship, including claims under any federal, state, or local statute, will be resolved by final and binding individual arbitration. This agreement is governed by the Federal Arbitration Act.
23.3 Exceptions. (a) Either party may bring an individual claim in small claims court if it qualifies and stays there. (b) Either party may seek injunctive or other equitable relief in court to stop infringement or misuse of intellectual property. (c) If you seek public injunctive relief that cannot be waived under applicable law, that request will be decided by a court in Riverside County, California, after all individual claims are arbitrated, and the court case will be stayed until then.
23.4 Rules and procedure. The American Arbitration Association ("AAA") will administer the arbitration under its Consumer Arbitration Rules and, where applicable, its rules for mass or multiple filings, available at adr.org. If the AAA is unavailable, the parties will agree on another administrator, or a court will appoint one. A single arbitrator will decide the dispute. Hearings will be held by video or telephone, or in person in the county where you live or in Riverside County, California, at your choice. Claims of $25,000 or less may be decided on written submissions unless a party requests a hearing or the arbitrator requires one. The arbitrator may award the same individual relief a court could, but only to you individually and only to the extent needed for your individual claim.
23.5 Fees. Filing, administration, and arbitrator fees are governed by the AAA's rules. Each party pays its own attorneys' fees and costs unless the arbitrator awards them under applicable law.
23.6 Who decides. The arbitrator decides all questions about the scope, validity, and enforceability of this Section 23, except that a court decides questions about Sections 23.3(c), 23.7, and 23.8.
23.7 Class action and jury trial waiver. YOU AND BREATHE DIVINITY MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE DIFFERENT PEOPLE'S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. TO THE EXTENT PERMITTED BY LAW, YOU AND BREATHE DIVINITY WAIVE ANY RIGHT TO A JURY TRIAL. If this waiver is found unenforceable as to any claim, that claim will be decided by a court, not in arbitration.
23.8 Mass filings. If 25 or more similar demands are filed against us by the same or coordinated counsel, they will be administered under the AAA's rules for mass or multiple filings, which may include administration in batches. Statutes of limitation are paused for any demand awaiting administration.
23.9 Opting out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@breathedivinity.com with the subject line "Arbitration Opt-Out," or by mail to the address in Section 31. Include your name, address, email, and a clear statement that you do not want to arbitrate. Opting out does not affect any other part of these Terms.
23.10 Changes. If we make a material change to this Section 23, you may reject it by emailing us within 30 days of the change, and the prior version will continue to apply to disputes between us. A change never applies to a claim that was pending, or that we had notice of, before the change.
23.11 Severability. If any part of this Section 23 is found unenforceable, the rest remains in effect, except as stated in Section 23.7.
23.12 Court venue. Any claim not subject to arbitration will be brought only in the state or federal courts in Riverside County, California, and you and we consent to their jurisdiction. Small claims cases may be brought where you live.
24. Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, except that Section 23 is governed by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
25. Suspension and Termination
We may suspend or end your access to the Services, including accounts, VIP status, and community access, if you violate these Terms or if we reasonably believe it is necessary to protect our customers, community, or business. Sections 9, 10, 16, 17, 20 through 24, and 29 survive any termination.
26. Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control, including manufacturing or supply chain disruptions, carrier and customs delays, port closures, labor disputes, changes in tariffs or trade rules, government action, natural disasters, pandemics, utility or internet failures, cyberattacks, and outages of third-party platforms.
27. Electronic Communications
You consent to receive agreements, notices, receipts, and other communications from us electronically, and you agree they satisfy any legal requirement that communications be in writing. You can opt out of marketing emails at any time; we will still send transactional messages about your orders and account.
28. Accessibility
We want everyone to be able to use the Services. Visit breathedivinity.com/pages/accessibility, or email breathedivinity@gmail.com if you need help accessing any part of the Services, including these Terms in an alternative format.
29. General Terms
These Terms, together with the policies incorporated into them, are the entire agreement between you and us about the Services and replace all prior versions. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the rest remains in effect, except as stated in Section 23. Our failure to enforce a provision is not a waiver. We may assign these Terms to a related company or a successor; you may not assign them without our written consent. These Terms create no partnership, joint venture, employment, or agency relationship, and no third-party beneficiaries except the parties protected by Sections 21 and 22. Headings are for convenience only, and "including" means "including without limitation." If these Terms are translated, the English version controls. Nothing in these Terms limits any right you have that cannot be waived or limited under applicable law.
30. California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
31. Contact Us
Breathe Divinity LLC
13860 Old 215 Frontage Rd, Building B
Moreno Valley, CA 92553, United States
support@breathedivinity.com
Accessibility help: breathedivinity@gmail.com