Terms of Use
Last Updated: [01.12.2024]
Welcome to Mandala Breath. By downloading, accessing, or using the App, you agree to comply with these Terms of Use. Please read them carefully. If you do not agree to these Terms, you may not use the App.
1. Acknowledgment
This agreement is between you and the Developer (referred to as “we,” “us,” or “our”) and not with Apple. You acknowledge that Apple is not responsible for the App or its content. Apple has no obligation to provide any maintenance, support, or warranty for the App.
You also acknowledge that Apple and its subsidiaries are third-party beneficiaries of this agreement and have the right to enforce its terms.
2. Use of the App
2.1. Personal, Non-Commercial Use
The App is licensed to you solely for personal, non-commercial use. Any other use, including distribution, copying, or resale, is strictly prohibited without prior written consent from the developer.
2.2. Compliance with Laws
You agree to use the App only in compliance with all applicable laws, rules, and regulations, including but not limited to local, national, and international laws. You also agree to abide by these Terms of Use.
2.3. Prohibited Uses
You agree not to:
• Reverse engineer, decompile, or modify the App: Attempting to access or alter the App’s source code, algorithms, or internal functionality without permission is strictly prohibited.
• Use the App for unauthorized or unlawful purposes: This includes any activities that violate intellectual property laws, privacy rights, or other applicable regulations.
• Introduce harmful software: You must not upload, distribute, or transmit malicious software (such as viruses, worms, or trojans) or any harmful scripts that could damage, disrupt, or impair the App’s functionality.
• Bypass security features: You must not attempt to bypass or disable any security measures or technical restrictions present in the App.
• Exploit vulnerabilities: Any attempt to discover and exploit security flaws or use the App in ways not intended by its developer is prohibited.
• Download or upload inappropriate content: This includes, but is not limited to, content that is offensive, obscene, defamatory, discriminatory, or otherwise unlawful. The App must not be used to distribute, store, or share any such content.
3. Subscriptions
3.1. Subscription Plans
The App offers subscription-based services with different plans that may include varying features, durations, and prices. Details about these plans are available within the App or on the App Store.
3.2. Payment and Billing
• Subscriptions will be billed through your Apple ID account. Payment will be charged to your account upon confirmation of purchase.
• The subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current billing period.
• Your account will be charged for renewal within 24 hours prior to the end of the current period at the same price as your original subscription unless otherwise stated.
3.3. Free Trials
• If a free trial is offered, it is available to first-time subscribers only and cannot be combined with other offers.
• If you do not cancel before the trial period ends, you will be charged for the subscription automatically.
3.4. Cancellation
• You can manage or cancel your subscription by accessing your account settings in the App Store.
• Canceling a subscription will stop future charges, but you will retain access to the subscription features until the end of the current billing period.
3.5. Refund Policy
• All subscription payments are non-refundable except where required by applicable laws or App Store policies.
• Refund requests must be directed to the App Store platform from which you purchased the subscription.
3.6. Changes to Subscription Terms
We reserve the right to modify subscription terms, including pricing, at any time. Any changes will be communicated to users, and continued use of the App after such changes constitutes acceptance of the updated terms.
4. Data Storage in iCloud
4.1. Automatic Storage
Certain features of the App automatically store data (e.g., dates or activity records) in your personal iCloud account.
4.2. Exclusive iCloud Storage
This data is stored exclusively in your personal iCloud account and is subject to Apple’s iCloud Terms of Service.
4.3. User Consent
By using the App, you consent to this automatic data storage in iCloud. You are responsible for maintaining sufficient storage space in your iCloud account and ensuring the security of your Apple ID credentials.
4.4. Limitations of Liability
The developer is not liable for data loss, unavailability, or issues arising from insufficient iCloud storage, Apple ID security breaches, or iCloud service disruptions.
4.5. Disabling iCloud
If you choose to disable iCloud for the App, certain features may no longer be available.
5. Intellectual Property
All content, trademarks, and intellectual property rights in the App are owned by the Developer. You may not copy, distribute, or use the App’s content without explicit permission.
6. Warranty Disclaimer
6.1. No Warranties
6.1. The App is provided “as is” without warranties of any kind, either express or implied.
• Apple has no warranty obligation with respect to the App.
6.2. Developer’s Limitation of Responsibility
6.2. The developer is not responsible for:
• Errors, bugs, or interruptions in the App.
• Loss of data or damages arising from the use of the App.
6.3. General Wellness Disclaimer
6.3. The App is intended for general wellness purposes only and is not a substitute for medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider before starting any new health or wellness practice.
6.4. No Guarantees
6.4. The developer makes no guarantees regarding the results of using the App. You agree to use the App at your own risk and understand that improper breathing techniques or misuse of the App may lead to discomfort or health issues.
6.5. Limitation of Liability
6.5. To the fullest extent permitted by law, the developer is not liable for:
• Any physical or mental health issues arising from the use of the App.
• Accidents, injuries, or adverse effects caused by improper or unsupervised use of the App.
• Any indirect, incidental, or consequential damages resulting from your use of the App.
6.6. Acknowledgment of Liability Limitations
6.6. By using the App, you acknowledge and agree to these limitations of liability.
7. Product Claims
The Developer is responsible for addressing any claims by you or a third party relating to the App, including but not limited to:
• Product liability claims.
• Claims that the App fails to conform to legal or regulatory requirements.
• Claims arising under consumer protection laws or similar legislation.
8. Governing Law
These Terms are governed by the laws of the State of California, United States, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms must be resolved exclusively in the courts located in California, United States.
9. Legal Compliance
You represent and warrant that:
• You are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country.
• You are not listed on any U.S. government list of prohibited or restricted parties.
10. Termination
We reserve the right to terminate or suspend access to the App at any time without prior notice. Upon termination, your rights under these Terms will cease immediately.
11. Changes to the Terms
We reserve the right to update these Terms. Changes will take effect upon posting. Continued use of the App after changes constitutes acceptance of the updated Terms.
12. Contact Us
If you have any questions, concerns, or issues regarding the App or these Terms of Use, please Contact us.