Legal

Terms of Service

Last updated 19 September 2026

These terms are the agreement between you and us about using BreathCare. They are written to be read, not to be skipped. If something here is unclear, write to us and we will explain it.

1. Who we are, and what these terms cover

BreathCare is made and operated by:

“We”, “us” and “our” mean that business. “You” means the person using the app.

These terms cover the BreathCare app for iPhone and this website. By using BreathCare you accept them. If you do not accept them, do not use the app.

How we handle data is a separate document: the Privacy Policy. It is part of this agreement.

You need to be at least 16 to use BreathCare. If you are under 18, buy a subscription only with the agreement of a parent or guardian.

2. Your licence to use BreathCare

We give you a personal, non-exclusive, non-transferable, revocable licence to install and use BreathCare on Apple devices that you own or control, for your own non-commercial use, under the rules Apple sets for the App Store.

You do not buy the app itself. You do not get any ownership in it.

The licence lasts while these terms last. Paid features work while your subscription is active.

3. Apple's role

You download BreathCare from the App Store, and you buy the subscription there. That means:

• This agreement is between you and us, not between you and Apple. We, not Apple, are responsible for BreathCare and its content.
• Apple has no obligation to provide any support or maintenance for BreathCare. If you need help, write to support@breathcare.app.
• If the app fails to conform to any warranty that applies, you may tell Apple, and Apple may refund the purchase price. Beyond that refund, Apple has no other warranty obligation for the app. Anything else — a claim, a loss, a liability — is ours to answer for, to the extent the law makes us answer for it.
• We, not Apple, are responsible for handling any claim that BreathCare or your use of it breaches someone's intellectual property rights.
• Apple and its subsidiaries are third-party beneficiaries of these terms, and when you accept these terms Apple has the right to enforce them against you.
• Apple's own terms apply to your use of the App Store, and they are between you and Apple.

4. A wellness product, not medical care

This section matters more than the rest. Please read it.

BreathCare is a wellness app. It is not a medical device. It does not diagnose, treat, cure or prevent any illness or condition, and it makes no claim about what breathing does to your body. Nothing in the app is medical advice, and nothing in it replaces a doctor, a therapist or a medicine you have been prescribed.

In the app's own words: this app is a wellness practice, not medical care and not a crisis service. If you feel unsafe, call your local emergency number.

How to practise

• Sit or lie down. Never practise while driving, cycling or in water.
• Breathe through the nose, gently. Air should never be forced.
• Keep the holds comfortable. A hold you brace for is too long.
• Stop if you feel dizzy, tingly or short of breath. If it does not pass, or it worries you, see a doctor.

Ask a doctor first if any of these apply to you

• Pregnancy
• Epilepsy or a history of seizures
• Heart conditions, high or very low blood pressure
• Asthma or another respiratory condition

Breathwork is calming for most people and unsuitable for some. You decide whether to practise, and you are responsible for practising safely and for stopping when your body says to.

5. The subscription and the free trial

BreathCare offers a subscription in two lengths — annual and monthly — with a 7-day free trial.

• Where you buy it In the App Store, through your Apple Account. Apple takes the payment. We never receive your card details, your billing address or the email address on your Apple Account.
• What it costs The price and the billing period are shown in the app and confirmed by the App Store before you pay, in your own currency, including tax where that applies.
• The free trial The trial runs for 7 days. If you do not cancel before it ends, it turns into a paid subscription and Apple charges you for the first period.
• Renewal The subscription renews automatically for the same period, and Apple charges your Apple Account, unless you cancel at least 24 hours before the current period ends. That timing is Apple's rule for all App Store subscriptions.
• Price changes If we change the price, Apple tells you before the change takes effect and asks for your agreement where Apple's rules require it. You can always cancel instead.

The “Billing history” screen in the app shows the transactions Apple has recorded for this app on your device.

6. Cancelling

You cancel in the App Store. On your iPhone: Settings → your name → Subscriptions → BreathCare → Cancel Subscription. You can also manage it in the App Store app.

We cannot cancel it for you. We do not hold the subscription — Apple does — and writing to us does not stop a renewal. If you are close to a renewal date, cancel with Apple first and write to us afterwards.

When you cancel, you keep the paid features until the end of the period you have already paid for. After that the subscription simply ends.

Cancelling the subscription does not delete anything: your sessions, patterns and reminders stay on your phone until you delete them or delete the app.

7. Your right of withdrawal

If you are a consumer in the European Union, the Polish Act of 30 May 2014 on consumer rights (ustawa o prawach konsumenta) gives you 14 days to withdraw from a distance contract, without giving a reason.

A BreathCare subscription is a digital service that starts as soon as it is bought. The law treats that case specially: if you ask for the service to start during the 14-day period and acknowledge that you will lose the right of withdrawal once the service has been fully performed, the right ends at that point (art. 38 of the Act).

What this means in practice:

• The 7-day free trial is the simplest protection you have. Cancel during it and nothing is charged.
• Because Apple takes the payment, a withdrawal or refund request has to go to Apple: reportaproblem.apple.com. Apple decides it under its own terms.
• You can also write to us at support@breathcare.app. We will help you with Apple and answer anything about the app. We cannot refund money we never received.

Nothing in these terms takes away a statutory withdrawal right you actually have.

8. Refunds

App Store refunds are handled by Apple, not by us, at reportaproblem.apple.com.

This is separate from your rights when the app does not do what it should. If BreathCare is faulty or does not match what we said it does, you have rights under Polish consumer law about digital content and digital services, and you can bring them to us — see section 12.

9. Acceptable use

Please do not:

• copy, sell, rent, sublicense or redistribute the app, or any part of it;
• reverse-engineer, decompile or disassemble it, except where the law expressly allows you to and you may not be stopped from doing so;
• work around the subscription or unlock paid features without paying for them;
• use the app in a way that breaks the law, or to harm someone;
• present the app to other people as medical care, or use it to treat anybody.

10. Intellectual property

BreathCare — its code, design, text, sounds, voice recordings and breathing patterns as arranged in the app — belongs to us or to our licensors, and is protected by copyright and other rights. These terms give you a licence to use the app, and nothing more.

Some parts of the app are third-party material used under licences that permit it, including background sounds released into the public domain. Those licences stay with their owners.

What you make is yours. A pattern you build stays on your phone; we do not receive it and make no claim to it.

If you send us feedback or an idea, we may use it to improve BreathCare without owing you anything for it. You are not obliged to send us anything.

11. Availability, updates and changes

BreathCare runs on iPhone, on iOS 18 or later. Keeping a compatible device and a current version of iOS is your side of it.

We may update the app, change features, or stop offering a feature. If we withdraw something that a paid subscription was materially about, you may cancel, and where Polish consumer law gives you a right to a price reduction or to end the contract, that right applies.

We may take the app or parts of it offline for maintenance or for reasons outside our control. Everything in the app that paces a session runs on your device, so a session you have started does not depend on us being online.

12. What we are responsible for

We provide BreathCare with reasonable care and skill. We do not promise that it will be free of errors, that it will never be interrupted, or that it will produce any particular result for you. It is a pacing tool, not a treatment.

If you are a consumer, Polish law gives you rights when digital content or a digital service does not conform to the contract — including repair, a price reduction or ending the contract. Nothing in these terms limits or excludes those rights, and we do not ask you to give them up.

We do not exclude or limit our liability for:

• death or personal injury caused by our fault;
• damage caused intentionally — under art. 473 § 2 of the Polish Civil Code any such exclusion would be void anyway;
• anything else that Polish law does not allow to be excluded or limited.

Subject to that, and to the extent Polish law allows:

• we are not liable for loss you could not reasonably have expected when you started using the app;
• our total liability for all claims connected with BreathCare is limited to what you paid for your BreathCare subscription in the 12 months before the claim arose.

You are responsible for deciding whether breathing exercises are right for you, and for following section 4.

13. Ending this agreement

You can end it at any time: cancel any subscription in the App Store and delete the app. Deleting the app removes everything it stored on your phone.

We may suspend or end your licence if you seriously or repeatedly break these terms — for example by trying to break the app's protections or by redistributing it. Where the law requires it, we will tell you first and give you a chance to put it right. If we end your licence and you have paid for a period you cannot use, we will arrange a refund of that part through Apple, unless the law says otherwise.

Sections about intellectual property, liability, governing law and dispute resolution continue to apply after the agreement ends.

14. Changes to these terms

We may change these terms — for example when the app changes or the law does. The date at the top of this page tells you when they last changed, and this page always carries the current version.

Because BreathCare has no accounts, we have no way to email you about a change. If a change materially affects your rights, we will say so on this page and describe what changed. If you do not accept a change, stop using the app and cancel any subscription; a change never applies retroactively to something that already happened.

15. Complaints and out-of-court dispute resolution

Start with us: write to support@breathcare.app, describe the problem and what you would like us to do. We aim to reply within 14 days. Most things are settled at this point.

If we cannot settle it, and you are a consumer, these routes are open to you:

• a municipal or district consumer ombudsman (miejski lub powiatowy rzecznik konsumentów) — free advice and help;
• mediation by the Trade Inspection (Inspekcja Handlowa), or a permanent consumer arbitration court (stały sąd polubowny przy Inspekcji Handlowej);
• the Polish Office of Competition and Consumer Protection, which lists the out-of-court routes at polubowne.uokik.gov.pl;
• if you live in another EEA country, the European Consumer Centre network (ECC-Net), which handles cross-border consumer complaints.

The European Commission's online dispute resolution (ODR) platform, once at ec.europa.eu/consumers/odr, closed on 20 July 2025 and is no longer available. We say so here rather than link to a page that no longer works.

Using any of these is your choice. We have not committed in advance to any particular out-of-court dispute resolution body, and taking part in one is voluntary for both sides. None of this affects your right to go to court.

Because the subscription is bought from Apple, a dispute about the payment itself may have to be taken up with Apple.

16. Governing law and courts

These terms are governed by Polish law. Disputes are decided by the court with jurisdiction for Warsaw, Poland.

If you are a consumer, that is qualified by law in your favour:

• choosing Polish law does not take away the protection of the mandatory consumer rules of the country where you normally live;
• you may bring a case against us either in the Warsaw court or in the courts of the country where you live;
• we may only bring a case against you in the courts of the country where you live.

17. Contact

A wellness practice, not medical care. Stop if you feel unwell.