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Introduction

Welcome to BreathInU, an application developed by Vivace App Studio, a French SASU specializing in mobile application development for iOS and Android. BreathInU is designed to enhance your well-being by offering breathing exercises, stretching routines, and guidance to reduce sedentary behavior. Some features may include optional tools to help manage screen time and encourage mindful breaks.

These Terms of Use (the "Terms") govern your access to and use of the BreathInU application (the "Application"), available for download through a third party applications store, including any downloadable software program that you are accessing or installing on your device or personal computer and the services available through that software program. BY ACCESSING OR USING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE APPLICATION.

For information on how we collect, use, and protect your personal data, please refer to our Privacy Policy: https://welcome.breathinu.app/privacy-policy

In case of discrepancies between translations, the English version of these Terms shall prevail.

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Modification of Terms

WE RESERVE THE RIGHT TO MODIFY OR UPDATE THESE TERMS OF USE AT ANY TIME, WITHOUT PRIOR NOTICE. ANY CHANGES WILL TAKE EFFECT IMMEDIATELY UPON BEING POSTED WITHIN THE APPLICATION OR ON OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS PERIODICALLY TO STAY INFORMED OF ANY UPDATES.

CONTINUED USE

BY CONTINUING TO USE THE APPLICATION AFTER ANY MODIFICATIONS TO THE TERMS, YOU ACKNOWLEDGE AND ACCEPT THE UPDATED TERMS. IF YOU DO NOT AGREE TO THE REVISED TERMS, YOU MUST DISCONTINUE USE OF THE APPLICATION IMMEDIATELY.

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Use of Service

To use the Application, follow these guidelines:

• Download and Installation: Download the Application from the App Store or Google Play Store and install it on your compatible iOS or Android device.
• Account Creation: You may need to create an account to access certain features. Provide accurate and complete information during the registration process.
• Accessing Features: Once installed, you can access various exercises and routines directly from the Application's main interface.
• Following Routines: Follow the guided exercises as instructed. Ensure you are in a safe environment and listen to your body to avoid injury.

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Restrictions

• Age Restriction: The Application is intended for USERS WHO ARE AT LEAST 13 YEARS OLD. Users UNDER 18 should use the Application UNDER THE SUPERVISION OF AN ADULT.
• Medical Advice: The exercises provided are NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE. CONSULT A HEALTHCARE PROVIDER before starting any new exercise program.
• Proper Use: Do NOT USE THE APPLICATION WHILE DRIVING, OPERATING MACHINERY, OR IN ANY SITUATION WHERE DISTRACTION COULD LEAD TO INJURY OR HARM.
• Compliance with Laws: Use the Application in compliance with all applicable laws and regulations.

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Intellectual Property

The Application, including all content, features, and functionality (including but not limited to text, graphics, images, music, software, audio, video, information, and their selection and arrangement), is owned by Vivace App Studio or its licensors and is protected by French and international intellectual property laws.

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Ownership of Content

• Trademarks: The BreathInU name, logo, and all related names, logos, product and service names, designs, and slogans are TRADEMARKS of Vivace App Studio or its affiliates or licensors.
• Copyright: All content within the Application is subject to COPYRIGHT PROTECTION. You may not use our content without PRIOR WRITTEN CONSENT.
• Patents and Trade Secrets: Certain features and technologies incorporated in the Application may be subject to patent, trade secret, or other intellectual property protections.

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User License

Vivace App Studio grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Application for personal, non-commercial purposes, subject to these Terms. This license does not include any resale or commercial use of the Application or its contents, any derivative use of the Application or its contents, or any use of DATA MINING, ROBOTS, OR SIMILAR DATA GATHERING AND EXTRACTION METHODS.

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Restrictions

You may not modify, reproduce, distribute, or create derivative works based on the Application or any content therein without our express written permission.

You may not reverse engineer, decompile, or disassemble the Application, except and only to the extent that applicable law expressly permits, despite this limitation.

You may not use any meta tags or other "hidden text" utilizing our name or trademarks without our express written consent.

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Reporting Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

• A description of the copyrighted work that you claim has been infringed.
• A description of where the material that you claim is infringing is located on the Application.
• Your address, telephone number, and email address.
• A statement by you that you have a GOOD FAITH BELIEF that the disputed use is NOT AUTHORIZED by the copyright owner, its agent, or the law.
• A statement by you, made UNDER PENALTY OF PERJURY, that the above information in your notice is ACCURATE and that you are the copyright owner or authorized to act on the copyright owner's behalf.

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Limitation of Liability

To the maximum extent permitted by applicable law, Vivace App Studio and its affiliates, officers, employees, agents, suppliers, and licensors will not be liable for any INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with:

• Your access to or use of or inability to access or use the Application.
• Any conduct or content of any third party on the Application.
• Any content obtained from the Application.
• Any unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

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Disclaimer of Warranties

The Application is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Application will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results obtained from the use of the Application will be accurate or reliable.

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User Responsibility

You agree that your use of the Application is at your SOLE RISK.

You will be solely responsible for any DAMAGE TO YOUR DEVICE or loss of data that results from the use of the Application.

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Limitation of Liability

In no event will our aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Application exceed the amounts you have paid to us for use of the Application during the twelve (12) month period prior to the event giving rise to the liability, if applicable.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

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Indemnification

You agree to INDEMNIFY and hold harmless Vivace App Studio, its affiliates, officers, employees, agents, suppliers, and licensors from and against any claims, suits, actions, demands, liabilities, costs, expenses (including reasonable attorney's fees), and damages arising out of or in connection with:

• Your use of the BreathInU application.
• Your breach of these Terms.
• Your violation of any rights of a third party, including intellectual property rights.
• Your violation of any applicable laws, rules, or regulations.
• We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

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Termination

We may, in our sole discretion, TERMINATE or SUSPEND your access to all or part of the BreathInU application at any time, with or without notice, for any conduct that we, in our sole discretion, believe:

• Violates any provision of these Terms or any applicable law or regulation.
• Is harmful or potentially harmful to us, other users, or third parties.

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Subscription Termination

Monthly and Annual Subscriptions: You may cancel your subscription at any time through the App Store or Google Play Store. Your subscription will remain active until the end of the current billing cycle.

Refunds: Refunds for subscriptions are handled directly by Apple or Google, depending on your platform. We do not manage refunds directly. Please refer to the respective app store's policies for refund requests.

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Effect of Termination

Upon termination, your right to use the Application will immediately cease.

Any provision of these Terms that, by its nature, should survive termination, will remain in effect after termination, including but not limited to provisions related to INTELLECTUAL PROPERTY, INDEMNIFICATION, AND LIMITATION OF LIABILITY.

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Governing Law

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be GOVERNED BY and construed in accordance with the laws of FRANCE.

The parties irrevocably agree that the courts of FRANCE shall have EXCLUSIVE JURISDICTION to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

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Entire Agreement

These Terms are the ENTIRE AGREEMENT between you and Vivace App Studio regarding your use of the Application.

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Contacting Vivace App Studio

For questions, comments, complaints, or claims related to the Service, please contact Vivace App Studio at:

Vivace App Studio

149 avenue du Maine

75014 Paris

support@vivaceappstudio.fr

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