Terms of Service

These Terms of Service govern access to and use of the Balance Breathing application, websites, and related services (collectively, the "Service"). By accessing or using the Service, you agree to these Terms on behalf of yourself or the entity you represent.

If your organization enters into a separate written agreement, order form, or other commercial contract with Balance Breathing, that agreement controls in the event of any conflict with these Terms.

1. Eligibility and authority

You may use the Service only if you are legally able to do so and, where applicable, are authorized to bind the organization on whose behalf you access the Service.

2. Access to the Service

Balance Breathing grants a limited, non-exclusive, non-transferable right to access and use the Service for internal business or personal use, subject to these Terms and any applicable written agreement between the parties.

3. Customer responsibilities

• Provide accurate account and organizational information.
• Use the Service in compliance with applicable law and third-party platform rules.
• Maintain control over authorized users and connected integrations.
• Refrain from misuse, interference, reverse engineering, or unauthorized access.

4. Acceptable use

You may not use the Service to violate law, infringe rights, transmit malicious code, interfere with the operation or security of the Service, or attempt to gain unauthorized access to any systems, data, or accounts.

5. Data and privacy

Use of the Service is also subject to our Privacy Policy and, for business customers, any applicable Data Processing Agreement. Customers remain responsible for their instructions regarding personal data and for obtaining any required notices, permissions, or consents from their users.

6. Third-party services

The Service may interoperate with third-party platforms and providers, including Google, Microsoft, and Slack. If you connect or enable third-party services, you authorize Balance Breathing to access and process information from those services as reasonably necessary to provide the Service. Your use of third-party services is governed by the applicable third-party terms and policies, and Balance Breathing is not responsible for third-party services or their availability, security, or functionality.

7. Customer content

As between the parties, Customer and its users retain ownership of content, data, and other materials submitted to or made available through the Service ("Customer Content"). Customer grants Balance Breathing a limited, non-exclusive right to host, use, transmit, process, and otherwise handle Customer Content solely as necessary to provide, secure, support, maintain, and improve the Service, and as otherwise permitted by the Agreement, Privacy Policy, or applicable law.

8. Fees

If the Service is offered on a paid basis, fees, billing terms, taxes, and any applicable subscription details will be described in an order form, plan page, or other written agreement. Unless otherwise stated in the applicable written terms, fees are non-refundable except where required by law.

9. Availability and changes

We may update, modify, suspend, or discontinue all or part of the Service from time to time. We will use reasonable efforts to avoid materially degrading the Service without notice where notice is practicable. The Service depends in part on internet connectivity and third-party integrations, and reminders, notifications, or other time-sensitive features may not always be delivered at the expected time or without interruption.

10. Intellectual property

Balance Breathing and its licensors retain all right, title, and interest in and to the Service, including all related intellectual property rights. Except for the limited access rights expressly granted in these Terms, no rights are granted by implication or otherwise.

11. Health and wellness disclaimer

The Service is intended to support general wellness and workplace wellbeing activities only. It does not provide medical advice and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. If you have medical concerns, seek advice from a qualified healthcare professional. In an emergency, contact local emergency services immediately.

12. Disclaimers

Except as expressly stated in a separate written agreement, the Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Balance Breathing disclaims implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that reminders, notifications, or integrations will always operate without delay or interruption.

13. Limitation of liability

To the maximum extent permitted by law, Balance Breathing will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, data, or business interruption, arising out of or related to the Service. Any further allocation of risk or liability cap will be governed by the applicable written agreement between the parties.

14. Termination

We may suspend or terminate access to the Service if required by law, to protect the Service or its users, or for material violation of these Terms or any applicable written agreement. Upon termination, the provisions that by their nature should survive termination will survive.

15. Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of laws principles. Any disputes arising out of or in connection with these Terms shall be submitted to the competent courts of Amsterdam, the Netherlands.

Nothing in this section limits the rights of consumers under mandatory consumer protection laws of their country of residence, where applicable.

Commercial terms, implementation scope, service commitments, and negotiated legal terms may be set out separately in a written agreement signed between the relevant customer and Balance Breathing.

16. Contact

Questions about these Terms may be sent to info@balance-breathing.nl.