These Terms of Use apply to the BreathTuner App (the “App”), the BreathTuner Website (the “Website”), all BreathTuner Services (the “Services”), and all data and content that results from the use of the App, the Website and the Services – collectively, the “BreathTuner-System”.
We want you to understand your rights as well as ours related to the provision of the BreathTuner-System. Please read carefully. Here are some important points:
Your privacy is crucial to us. Our Privacy Statement tells you how we collect and use your personal information.
- You do not need a membership or an account to use the BreathTuner-System.
- You are the owner of your content and do not grant us any right to use it.
- BreathTuner is neither liable for your activities with the BreathTuner-System nor do we take over any warranties.
- We want your feedback and you allow us to use it.
- If you have questions or need help, there are easy ways to reach us.
The BreathTuner-System is provided to you by BreathTuner at the company headquarters Breiteneich 42, 3580 Horn, Austria, in accordance with these Terms of Use and in compliance with the BreathTuner Privacy Statement.
More information about the Website can be found at https://www.breathtuner.app.
You agree to abide by these Terms of Use and any supplemental terms that BreathTuner may provide to you through the Website.
Content
The term BreathTuner, the BreathTuner logo and other BreathTuner logos, product names and service names are intellectual property of BreathTuner. Please do not use these terms, logos and names in any way without the prior written consent of BreathTuner.
Property Rights
You acknowledge and agree that the BreathTuner-System contains copyrighted and confidential information that is protected by applicable intellectual property laws and other laws. Except as expressly permitted by applicable law or permitted by BreathTuner or any applicable third party, you agree not to create, modify, rent, lease, lend, sell, distribute – in whole or in part – any derivative work based on the BreathTuner-System.
BreathTuner grants you the personal, revocable, non-transferable and non-exclusive right and the license to access and use the BreathTuner-System, provided that you accept the property rights above.
This requires that you do not copy, modify, create, reverse engineer, or otherwise attempt to access, locate, sell, transfer, sublicense, or grant a security interest in any source code. It is also a requirement that you do not otherwise transfer any rights to the Website and the app (and do not allow this to third parties), unless this is permitted by law. You agree that you will not access the BreathTuner-System through any means other than through the interfaces provided by BreathTuner.
Warranty and Disclaimer
The BreathTuner-System is provided “as is” and without warranty of any kind.
Related to the BreathTuner-System BreathTuner disclaims all warranties, including without limitation, any implied warranties, guarantees of merchantability, specific usefulness, claims and non-infringement of rights.
BreathTuner does not warrant that:
- this service meets your requirements
- your content is available, or the BreathTuner-System will be available uninterrupted, timely, secure or error-free
- the results obtained from the use of the BreathTuner-System are accurate and reliable
- the quality of any products, services, information or other materials purchased or obtained from you through the BreathTuner-System meets your expectations; and
- all errors in the BreathTuner-System will be corrected.
You expressly acknowledge that BreathTuner’s services do not contain medical advice.
It is explicitly pointed out that BreathTuner is not able to replace a doctor’s visit or other consultation(s) of appropriate professionals in medicine, psychology, exercise, nutrition and similar and that BreathTuner is not sufficiently diagnostically effective in this respect.
The content and data provided by the BreathTuner-System are not intended to and should not be used instead of
- the advice of your physician or other medical professionals;
- a visit, call or appointment to your physician or other medical specialists, or
- information contained on or in any product packaging or product labeling.
If you have any health-related questions, please ask your physician or other healthcare provider or visit him.
In case of emergency call your physician immediately or place an emergency call.
You should never disregard medical advice or delay seeking medical advice because of any content displayed in the context of the BreathTuner-System, and you should not use the BreathTuner-System for the diagnosis of treatment of a medical problem.
The transmission and reception of our content, in whole or in part of it, or communication via internet, email or other means does not establish a relationship between you and BreathTuner like that between doctor and patient, therapist and patient, or the relationship to another medical specialist.
Never use BreathTuner in traffic, while operating vehicles or machinery, or during activities that require heavy concentration. BreathTuner accepts no liability for any damage resulting from (improper) use.
Changes in Terms and Conditions
BreathTuner reserves the right to update the Terms of Use at any time and for any reason at its sole discretion. BreathTuner will notify you of any material changes to the Terms of Use on the Website. By continuing to access or use the BreathTuner-System you agree to the amended Terms of Use. If the modified Terms of Use are unacceptable to you, your only remedy is to stop using the BreathTuner-System.
BreathTuner may at any time, at its sole discretion and for any reason, make improvements and / or changes to the BreathTuner-System. BreathTuner reserves the right to modify or temporarily or permanently discontinue the BreathTuner-System or any parts of it, with or without prior notice. You agree that BreathTuner cannot be held liable to you or any third party for any changes, interruptions or discontinuation of the BreathTuner -System.
Last modification of these Terms of Use: October 22, 2021