Rebreathe

TERMS OF USE &
PRIVACY POLICY

Rebreathe Terms of Use &
Licensed Application End User License Agreement

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APP.

Emilia Feldt Productions AB (“REBREATHE”,"us", "we", or "our") operates the http://rebreathe.se website and iOS and Android Apps “Rebreathe” (collectively the “App” and the "Service").

By using this application (the “App”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law. REBREATHE may change these Terms of Use at any time without notice, effective upon its posting to the App. Your continued use of the App shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, you may not use this App.

Physical Activity Notice

The App may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. REBREATHE is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the App.

Intellectual Property

All intellectual property on the App is owned by REBREATHE or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by REBREATHE. All content on the App (except for Personal Information), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the Swedish and other copyright laws and is the proprietary property of REBREATHE; All rights reserved.

App Use Restrictions

You may use the Content only for your own non-commercial use to use the App. You agree not to change or delete any ownership notices from materials downloaded or printed from the App. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the App, including Personal Information (defined below), without REBREATHE’s prior written consent, unless it is your own Personal Information that you legally post on the App. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

Users must not, and will not permit others to:

• Sell, sub-license, rent, lend or distribute the App or any intellectual property rights therein or otherwise make the Service available to others
• Use or access the App in violation of any applicable law or intellectual property right, in a manner that threatens the security or functionality of the App, or for any purpose or in any manner not expressly permitted in this Agreement modify the Service
• reverse engineer, decompile or disassemble the App or its contents
• Use the Service to create, collect, transmit, store, use or process any Customer Data. Means malware or any software intended to damage or alter data. Users does not have the lawful right to create, collect, transmit, store, use or process, that violates any law, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any 3rd party including any moral right, privacy right or right of publicity.
• remove or obscure any proprietary notices or labels on the App, including brand, copyright, trademark and patent or patent pending notices
• access or use the App for the purpose of building a similar or competitive product or service or perform any vulnerability, penetration or similar testing of the App.

Services, Prices and Payments

Free Services

Access to the App is provided free of charge for a limited trial period for evaluation purposes. Access to the App after the trial period has ended is provided in return for a one-time payment or for a subscription fee.

To use some of the Services to the greatest extent, some equipment or other staff may be required (eg. phonetic pipe). These are not part of the Service and need to be purchased by you at your own costs.

Paid Services

REBREATHE may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes, and will communicate any price changes to you in advance. Price changes for Paid Subscriptions will take effect at the start of the next subscription period on the following date of the price change. As permitted by local law, you accept the new price by continuing to use the App after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the paid Service before the price change comes into effect. Please make sure you read notifications of price changes very carefully.

Payment

REBREATHE reserve the right to assert further claims for late payments.

If you purchase our services for via in-app purchases, you will be billed by the app-store supplier. Please consult this supplier (Google Play, Apple App Store) to find out what payment methods are available.

If any costs and/or expenses incur to us because a payment is declined and this is your fault (e.g. because there are insufficient funds in the account or the credit card limit has already been exhausted), then we are entitled to bill you for the actual costs and/or expenses incurred.

In case of a legitimate reason, we reserve the right to refrain from offering certain payment methods and to specify alternative payment methods.

Right to cancel and cancellation method

You may cancel the paid Service and request a refund of the Fees paid by you within 48 hours of signing up for the Service (not guaranteed for purchases proceeded by Apple App Store - see "iOS Refund Request"), in which case the subscribed Service will immediately terminate as of the date that we provide such refund.

If customer chooses to cancel the Service, customer must submit a cancellation request via the same method customer used to sign up for the Rebreathe Services (Google Play, Apple App Store)

iOS Refund Request:

Billing for iOS app purchases is processed directly through Apple. Due to this fact we cannot issue a refund. Customer have to request refund from Apple directly following this instruction:

• Open Mail app from your Home screen.
• Find email called "Your receipt from Apple"
• Click on the receipt for the purchase your want refunded.
• Tap Report a Problem next to the purchase you want to report. You will be redirected to Apple's problem reports page.
• Enter your Apple ID and password when prompted.

Android Refund Request:

• Launch the Google Play app
• Click Menu
• My Apps
• Subscriptions and tap on the app (Rebreathe) you would like to get refunded for

If you were not able to get refunded after following these steps, contact us at support@rebreathe.se

iOS Cancellation:

• Launch the Settings app
• Click iTunes & App Store
• Click Apple ID
• Click View Apple ID
• Click Apple ID
• Under Subscriptions click Manage
• Click Rebreathe
• Click Cancel Subscription
• Click Confirm

Android Cancellation

• Launch the Google Play app
• Click Menu
• My Apps
• Subscriptions and tap on the app (Rebreathe) you would like to cancel subscription for

Any cancellation made after the 48 hour period described in the first sentence will become effective as of customer’s next payment period and he will continue to receive the REBREATHE Services paid for by customer until such date. Any cancellation made less than 24 hours prior to the scheduled payment period termination date will become effective as of customer’s next payment period, and customer will continue to receive the Service paid for by customer until such date.

While REBREATHE is under no obligation to do so, in certain limited circumstances Rebreathe may in its sole discretion provide customer with refund.

Personal Information

To use the App, you may be asked to provide certain personal information (the “Personal Information”), e.g. information about your name, to optimize your use of the App. If you choose to provide such Personal Information, you agree to provide accurate and current information about yourself, and REBREATHE will not be responsible for any injury related to any Personal Information you submit to the App or omit. The use or disclosure of any Personal Information you supply will be governed by our Privacy Policy.

Links

The App may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). REBREATHE does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. REBREATHE is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

Mobile Services

The App contains services and features that are available to certain mobile Devices. Your carrier’s rates and fees apply. Not all mobile services will work with all carriers or Devices. By using REBREATHE’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us.

Indemnification

You agree to indemnify, defend, and hold harmless REBREATHE, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your Personal Information, your use of the App, your conduct in connection with the App or with other App users, or any violation of these Terms of Use, any law or the rights of any third party.

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this App. 

Warranty Disclaimer

REBREATHE is not responsible or liable for any Personal Information posted on the App or for any offensive, unlawful or objectionable content you may encounter on or through the App. The App is provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, REBREATHE disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, training for a particular purpose and non-infringement. REBREATHE cannot guarantee and does not promise any specific results from use of the App. REBREATHE does not represent or warrant that the App will be uninterrupted or error-free, that any defects will be corrected, or that this App or the server that makes the App available are free of viruses or anything else harmful. To the fullest extent permitted by law, REBREATHE does not make any warranties or representations regarding the use of the materials or Content in the App in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the App, loss of data or other harm of any kind that may result. REBREATHE reserves the right to change any and all Content and other items used or contained in the App at any time without notice. Some countries and states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

REBREATHE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS APP OR THE CONDUCT OF OTHER APP USERS (WHETHER ONLINE OR OFFLINE) OR ANY PERSONAL INFORMATION, EVEN IF REBREATHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APP. YOUR ONLY REMEDY AGAINST REBREATHE FOR USE OF THE APP OR ANY CONTENT IS TO STOP USING THE APP. THAT SAID, IF REBREATHE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS APP OR ANY CONTENT, REBREATHE’S LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE OR SUBSRCIPTION FEE OF THE APP. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Miscellaneous

You agree that this App shall be deemed a passive website solely based in Sweden, which does not give rise to personal jurisdiction over REBREATHE in jurisdictions other than Sweden. You agree that this App, Terms of Use, Privacy Policy and any dispute between you and REBREATHE shall be governed in all respects by Swedish law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this App (including but not limited to the purchase of REBREATHE services) shall be resolved individually, without resort to any form of class action, and exclusively in courts located in Sweden. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in Sweden. Any cause of action or claim you may have with respect to the App (including but not limited to the purchase of REBREATHE products) must be commenced within one (1) year after the claim or cause of action arises. By using the App, you agree to receive certain electronic communications from REBREATHE. You agree that any notice, agreement, disclosure or other communication that REBREATHE sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. REBREATHE’s failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. REBREATHE may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

Termination

REBREATHE reserves the right in its sole discretion to restrict your use of all or any part of the App for any or no reason, without notice, and without liability to you or anyone else. REBREATHE also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the App. These Terms of Use remain in effect even after your access to the app may be restricted. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

Contacting Us

If there are any questions regarding these terms of use, you may contact us using the information below.

Website: rebreathe.se
Email: support@rebreathe.se