Terms of Use for Plank Breather

Last Updated: August 19, 2025

Welcome to Plank Breather. These Terms of Use ("Terms") govern your use of the Plank Breather mobile application (the "App"), provided by Dmytro Ripa (the "Developer"). By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

1. Description of Service

Plank Breather is a health and fitness application designed to transform the plank exercise into a mindful practice. The App provides tools such as a timer, a guided breathing program, progress tracking, and gamification features to help users build a consistent and healthy habit. The App operates on a freemium model, with basic features available for free and advanced features available through in-app purchases ("Plank Breather Pro").

2. Health & Medical Disclaimer

Your health is your responsibility. The App is not a substitute for professional medical advice.

• Not Medical Advice: Plank Breather provides fitness and wellness information for informational purposes only. The content and services provided are not intended to be, and should not be interpreted as, medical advice, diagnosis, or treatment.
• Consult Your Doctor: You should consult with your physician or another qualified healthcare provider before starting this or any other fitness program to determine if it is right for your needs. This is particularly important if you have a history of health problems (such as heart disease, high blood pressure, joint issues) or if you are pregnant.
• Listen to Your Body: Do not disregard professional medical advice or delay in seeking it because of something you have read or experienced in the App. Stop exercising immediately if you experience faintness, dizziness, pain, or shortness of breath. By using the App, you acknowledge and agree that you are doing so at your own risk.

3. In-App Purchases and Subscriptions ("Plank Breather Pro")

The Developer offers enhanced features through monthly and annual subscriptions, as well as a one-time lifetime purchase.

• Payments: All payments are processed through the Apple App Store and are subject to the App Store's terms and conditions. You must provide a valid payment method to make a purchase.
• Subscriptions: Subscriptions will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. You can manage your subscriptions and turn off auto-renewal in your Apple ID account settings.
• Refunds: All purchases are final and non-refundable, except as required by applicable law or as specified in the Apple App Store's policies.

4. Intellectual Property

The App and its original content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Developer, its licensors, or other providers of such material and are protected by French and international copyright, trademark, and other intellectual property or proprietary rights laws. You are granted a limited, non-transferable, revocable license to use the App for your personal, non-commercial use.

5. User Conduct and Restrictions

You agree not to:

• Use the App for any illegal purpose or in violation of any local, national, or international law.
• Modify, copy, distribute, or reverse engineer the App.
• Use the App in any way that could harm, disable, overburden, or impair it.

6. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will the Developer, its affiliates, or their licensors, service providers, employees, or agents be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the App. This includes any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, or emotional distress, even if foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

7. Privacy Policy

Your privacy is important. The Developer's Privacy Policy explains how your personal information is collected, used, and shared. By using the App, you agree to the collection and use of information in accordance with the Privacy Policy. You can access it here: http://plankbreather.com/privacy.html

8. Termination

The Developer may terminate or suspend your access to the App at its sole discretion, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

9. Changes to Terms

The Developer reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, the Developer will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use the App after those revisions become effective, you agree to be bound by the revised terms.

10. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of France, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in France to resolve any legal matter arising from the Terms.

11. Contact Us

If you have any questions about these Terms, please contact the Developer at: plankbreather@gmail.com.