1. Parties and Acceptance
This Terms of Use ("Agreement") is concluded between Ayşe GENÇ ("Developer"), the Developer of the Breath mobile application ("Application"), and the person ("User") who downloads, installs, or uses the Application. By continuing to use the Application, you declare that you have read, understood, and accepted all of these terms.
2. Scope and Structure of the Service
Breath is a software tool that offers motivational guidance, statistical tracking, and awareness analysis to individuals in the process of quitting smoking. The Application provides services through 5 main tabs: Status, Health, Economy, Capsule, and Compass. The process is managed through a synchronized ecosystem consisting of phone, smartwatch, and widget components.
3. Eligibility and Age Limit
Due to its nature (tobacco use and addiction management), the Application is designed for use only by individuals aged 18 and over. Any legal responsibility arising from the use of the application by persons under the age of 18 belongs entirely to the User and their legal guardian.
4. Intellectual Property Rights
The ownership of the "Difficulty Level" analysis in the "Status" tab, the "Addiction Identity" calculations in the "Compass" tab, all mathematical algorithms, UI/UX design, graphics, texts, and all assets under the "Breath" brand within the Application belongs exclusively to the Developer.
5. License and Usage Restrictions
The Developer grants the User a limited, non-transferable, and revocable license to use the Application for personal and non-commercial purposes. The User may not reverse engineer the Application, attempt to access the source codes, or use the content for commercial purposes by copying it.
The iOS version of the Application distributed through the Apple App Store is licensed under Apple’s Standard End User License Agreement (EULA). These Terms of Use supplement Apple’s Standard EULA; if there is any conflict, Apple’s Standard EULA will prevail.
6. Pricing and Subscription Models
· Purchases: Breath offers subscription models that renew at currently specified periods (3-month, annual, etc.) or one-time purchase ("Lifetime") options within the application. The content, duration, and scope of the offered packages are clearly stated on the purchase screen within the Application.
· Pricing and Campaigns: Package fees, discounted offers (Launch Special, Limited Time Discounts, etc.), and promotional campaigns are determined exclusively by the Developer. The Developer reserves the right to make changes to the pricing policy and campaign terms at any time.
· Infrastructure and Payments: Payment transactions are processed through Google Play Store or Apple App Store, depending on the device; subscription entitlement verification and activation are managed through RevenueCat. For subscription cancellations, refunds, and other financial processes, the current policies and terms of the store where the transaction was made (Google Play Store or Apple App Store) apply.
· Ad Display: At the end of the 5-day trial period, advertisements may be displayed within the Application to users who do not have a premium membership (those using the free version). The Developer is not responsible for the advertisement content or the external links redirected in case these contents are clicked.
7. Technical Responsibility and Synchronization
The Application attempts to establish an instantaneous data bridge between the phone, smartwatch, and widget. However, the Developer cannot be held responsible for disruptions caused by the failure of data to synchronize or delayed reflection due to Bluetooth connection drops, operating system restrictions, or hardware inadequacies.
8. Third-Party Links
The Developer is not responsible for the content of external websites redirected through the "Compass" tab or other areas, the privacy policies of these sites, or technical errors that may occur during redirection.
9. Disclaimer of Warranty and Medical Warning
The Application is provided "as is." The Developer does not guarantee that the Application will operate uninterruptedly or that absolute success will be achieved in quitting smoking. The Application is not a medical device or doctor's advice. All legal limitations in this context are detailed in the Disclaimer text.
10. Amendments to the Agreement
The Developer has the right to update these terms at any time. The current text is effective from the moment it is published within the Application. The User's continued use of the Application means that they accept the updates.
11. Governing Law and Jurisdiction
Turkish Law shall be applied in the resolution of disputes arising from this Agreement; Sinop Courts and Execution Offices are authorized.
12. Contact
For all kinds of questions and notifications: support.breath@gmail.com