Terms and Conditions
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Last updated: January 31, 2022
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
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Interpretation
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The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
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For the purposes of these Terms and Conditions:
* Application means the Breath Manual digital application or any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer or downloaded by You on any electronic device, that appears on or forms part of www.breathmanual.com website.
* Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
* Account means a unique account created for You to access our Service or parts of our Service.
* Country refers to: Finland
* Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Green Water Pro Oy, Helsinki, Finland.
* Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
* Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
* In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.
* Service refers to the Application.
* Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the agreement between You and the Company regarding the use of the Service.
* Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
* User (also referred to as "You") means the individual accessing or using the Service. The Service is for personal use only and should not be made available to others.
Acknowledgment
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These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
The Service is for personal use only and should not be made available to others. The content of the Service may not be displayed, demonstrated or taught to others.
You assure that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
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In-app Purchases
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The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.
More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store's own terms and conditions or in your Device's Help settings.
In-app Purchases can only be consumed within the Application. If you make an In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions.
If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.
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User Accounts
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When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
The username and password are user-specific and may not be handed or disclosed to a third party or handled negligently, so that the account may be accessed by anyone other than the User him/herself.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person, legal person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Intellectual Property
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The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
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You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
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Links to Other Websites
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Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for; the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
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Termination
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We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, uninstall the application and discontinue using the Service.
Governing Law
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The service is only allowed to be used if the user's place of residence is in EU country, the United Kingdom, Norway or Switzerland. Finnish law primarily applies to the use of the service including purchases made in the Application and to these Terms and Conditions.
Disputes Resolution
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Any disputes will be settled primarily through mediation. By accepting these terms of use, you agree that disputes arising from the service and this agreement will be resolved in the Helsinki District Court. Finnish law applies to the resolution of disputes.
Damages and Limitation of Liability
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Damages
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The User specifically understands and accepts that the Company is not liable for any errors, omissions or other defects in the Content transmitted in the Application, or for any costs, losses or other damages that may result from the use of this Application or the information provided in the Application or any other loss or damage (direct, indirect, criminal, consequential, incidental, special, exceptional or otherwise) arising out of the use or unavailability of this Service or due to the inaccuracy or incompleteness of the content of this Service, regardless of the basis of the liability claim and even if the Company has been notified of such loss or damage. The foregoing also applies to damages resulting from negligence or gross negligence.
The company is also not liable for any damage caused to third parties. In all cases, the amount of liability is limited to the amount paid by the User for the Service.
Limitation of Liability
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To the maximum extent permitted by applicable Finnish law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third- party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
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"AS IS" and "AS AVAILABLE" Disclaimer
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The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Interpretation of the terms of the contract and Waiver
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Interpretation of the terms of the contract
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If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
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Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach nor constitute a waiver of any subsequent breach.
Translation Interpretation
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These Terms and Conditions that We have made available to You on our Service have been translated. You agree that the original Finnish text shall prevail interpretation and in the case of a dispute.
Changes to These Terms and Conditions
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We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If We determine that the revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect.
The user assumes full responsibility for the regular review of the terms. Use of the Service means that the user has accepted the terms and conditions and changes made to them.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
Contact Us
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If you have any questions about Service or these Terms and Conditions, You can contact us:
* By visiting this page on our website: <http://www.breathmanual.com>