Terms of Service

Comprehensive draft — pending final Dutch jurist sign-off. This document is written to be complete and faithful to how the App actually works, so that a qualified Dutch consumer-/privacy-law advocaat can refine wording rather than fill gaps. It has not yet been reviewed or approved by counsel, and the [KVK NUMBER], [REGISTERED ADDRESS], and [BTW NUMBER] placeholders below are pending the Kamer van Koophandel (KvK) registration and VAT/BTW assignment. Do not treat this as lawyer-approved.

Last updated: 2026-06-14 · Document version: 12

Studio: Richicinschi (eenmanszaak) · KvK: [KVK NUMBER] · BTW/VAT: [BTW NUMBER] · Registered address: [REGISTERED ADDRESS] · Contact: hi@richicinschi.com · Governing law: Netherlands

At a glance (plain-language summary)

This short summary is for convenience only; the numbered sections below control where they differ.

What this is. The agreement between you and Richicinschi for using the Breathe app.
Price & trial. Pro is sold through the Store as an auto-renewing subscription (an Annual and a Monthly plan), usually with a short free trial. The price and trial length shown at the paywall / Store at purchase govern (§5).
How to cancel. Cancel anytime in your Apple App Store / Google Play account, or via Settings → Account → Manage subscription. Cancelling keeps Pro until the end of the paid period (§5.4–§5.5).
Refunds & withdrawal. Refunds are handled by the Store (§5.6). EU consumers have a 14-day right of withdrawal, which you waive when you ask for immediate access at the paywall (§6); your statutory conformity rights are unaffected (§13).
Deleting your account. Settings → Account → Delete account — separate from cancelling a subscription, so cancel first to avoid further charges (§5.4, §17.1).
Health. Breathe is a general-wellness app — not medical advice or therapy (§11).
Your data. You keep ownership of your data; how we handle it is in the Privacy Policy.
Law. Dutch law, with your mandatory home-country consumer protections preserved (§23).
Contact. hi@richicinschi.com (§28).

1. Acceptance

By creating an account, ticking the sign-up consent checkbox ("I agree to the Terms of Service and Privacy Policy"), or otherwise continuing to use this app ("Breathe"), you agree to these Terms of Service ("Terms") and to our Privacy Policy. If you do not agree, please stop using the App and delete your account.

These Terms are presented to you before you create an Account or make a purchase: the consent checkbox sits on the sign-up screen and must be affirmatively ticked (it is never pre-ticked) before any sign-up button is enabled, and the Terms and Privacy Policy are linked from the paywall before you confirm a purchase. If you use the App without creating an Account (anonymous/guest use), your use is governed by these Terms together with the first-launch disclaimer shown on the welcome screen.

The App is published by Richicinschi, a sole proprietorship (eenmanszaak) registered in the Netherlands at the Kamer van Koophandel under KvK number [KVK NUMBER], with registered business address [REGISTERED ADDRESS] and VAT/BTW number [BTW NUMBER] ("we", "us", "our"). You can reach us at hi@richicinschi.com. Transactional email is sent from noreply@richicinschi.com.

Record of acceptance. When you accept these Terms, we record the version accepted and the date and time of acceptance against your Account, and we re-record your acceptance whenever you re-accept an updated version. We keep this acceptance record for as long as your Account exists; if you delete your Account, the record is deleted together with your Account after the 30-day recovery window described in §17 and the Privacy Policy. You may request a copy of the version you accepted at hi@richicinschi.com.

2. Definitions

For clarity, in these Terms:

App, Breathe — the Breathe mobile application published on the Apple App Store and Google Play.
Service — the App together with any associated cloud services we operate.
User, you — a person who installs, opens, or uses the App.
Account — the persistent record created when you sign up with email/password, Google Sign-In, or (when enabled) Apple Sign-In.
Free Features — the parts of the App available without a paid subscription (currently: the five core breathing techniques (4-7-8, Box, Coherent, Sigh, Bhramari) with breathing sessions of any length, daily streak, session history for the most recent 7 days, daily reminder, completion chime, account management).
Pro Features — the parts of the App available only via an active subscription (currently: the extended technique library (five additional breathing techniques — Extended Exhale, Equal Breathing, 4-4-8, Ujjayi/Ocean Breath, Triangle), voice guide, ambient background audio, session history beyond the most recent 7 days).
Subscription — a recurring paid arrangement that grants access to the Pro Features for a fixed billing period.
Free Trial — an introductory period during which Pro Features are accessible without charge.
Store — the Apple App Store or Google Play, whichever you purchased your Subscription through.
Manage Subscription Link — the in-App shortcut (Settings → Account → Manage subscription) that opens your Subscription management page in the Store.
Suspension — a temporary restriction of your access to the Account or the Service, which can be lifted and your access restored.
Termination — the permanent closure of your Account, including deletion of the data we control associated with it (subject to the legal-retention exceptions in §17.3 and the Privacy Policy).

3. Eligibility, account, and your responsibilities

3.1 Eligibility and legal capacity

You must be at least 16 years old to create an Account (matching the age of digital consent under Article 8 GDPR as implemented in the Netherlands). By creating an Account or using the App you represent and warrant that:

you are of the legal age to form a binding contract in your country of residence and otherwise have the legal capacity to enter into these Terms; and
if you are a minor above the 16-year minimum (for example, between 16 and 18 years old in jurisdictions where the age of contractual majority is 18), you have obtained the permission of your parent or legal guardian to use the App, and your parent or legal guardian agrees to be bound by these Terms on your behalf.

The App is not directed at children under 16. If you are under the legal contracting age in your jurisdiction, you may use the App only with the consent and supervision of your parent or legal guardian.

3.2 One account; accurate information

You may hold one Account per person. When you create an Account you must provide accurate, current, and complete information (such as a valid email address and, optionally, a display name) and you must promptly update it to keep it accurate. You may not impersonate any person or misrepresent your identity or affiliation.

3.3 Credentials and account security

You are solely responsible for keeping your password and other Account credentials confidential, and for all activity that occurs under your Account. You must:

create a strong password and are encouraged to use one that is unique to this Service (we enforce a minimum password length of at least 8 characters at sign-up);
not share your credentials with, or transfer your Account to, any other individual; and
notify us immediately at hi@richicinschi.com of any unauthorized use of your Account or any other breach of security you become aware of.

To the extent permitted by law (and subject to the carve-outs in §14), we are not liable for any loss arising from your failure to keep your credentials secure, including unauthorized access resulting from credential sharing, phishing, or use of a weak password.

3.4 Suspension or termination for account issues

We may suspend or terminate an Account that breaches these Terms (see §17). In addition, where any information you provided proves inaccurate, false, or incomplete, we may, on reasonable notice and with an opportunity to correct it (except where immediate action is required by law or to protect the Service or other users), suspend or terminate your Account.

4. Licence grant

Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install, and use the App on devices that:

you own or control;
meet the App's minimum system requirements (a supported and reasonably current version of iOS or Android, with the internet connectivity needed for sign-in, subscription validation, and content delivery); and

solely for your personal, non-commercial use.

Account-bound licence. The licence is bound to your Account and, where the App was obtained through a Store, to your Apple ID or Google account. It may not be separated from that account. If you delete your Store account, you lose the right to use any Store-purchased Pro Features tied to it.

Platform Usage Rules. This licence is granted subject to and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions (for iOS) and the Google Play Terms of Service (for Android). These Terms do not provide usage rules that conflict with those platform rules; in the event of a conflict, the platform Usage Rules prevail for the affected use.

Family Sharing / volume purchasing. As an exception to the non-transferability above, where the Store permits it, the App and any associated Pro entitlement may be accessed and used by other accounts associated with the purchaser through Apple Family Sharing, volume purchasing, or Legacy Contacts, and through Google Play Family Library.

No sale; reservation of rights. This licence does not constitute a sale of the App or of any copy of it. All rights not expressly granted to you in these Terms are reserved by Richicinschi and its licensors.

This licence terminates automatically if you materially breach these Terms or delete your Account. On termination you must stop using the App and (if applicable) uninstall it.

5. Subscription terms

5.1 Plans and pricing

Plan	Product ID	Price (illustrative — the Store price at purchase governs)	Billing
Annual	`breathe_annual`	€39.99 / year	Once per year
Monthly	`breathe_monthly`	€9.99 / month	Once per month

Prices are set by the Store at purchase time and vary by region in line with the Store's local pricing rules. The price shown at the moment of purchase is the authoritative price.

The price shown to you is displayed in your local currency and includes all applicable taxes, including any applicable VAT (for example, 21% Dutch BTW on digital services, or the VAT rate of your own country of residence), as determined and collected by the Store. There are no additional fees beyond those shown at the Store's point of purchase. Any currency-conversion or carrier-billing charges are applied by Apple or Google and are shown to you before you confirm. To the extent your own jurisdiction imposes any tax, duty, or charge that the Store does not collect at the point of sale, you are responsible for it.

5.2 Free trial

If a free-trial offer is available to you and you accept it, you can use Pro Features at no charge for the trial length shown at the paywall (currently 3 days). A valid payment method held by Apple or Google is required to start the trial. We charge you at the end of the trial unless you cancel at least 24 hours before it ends; the exact charge date is shown to you at the Store's confirmation step. You are eligible for only one trial per account / Apple ID / Google account, and you may not create multiple accounts to claim repeated trials, referral credits, or promotional discounts. We may run promotional trials of different lengths from time to time; the offer presented at the paywall is authoritative. Apple and Google also surface the trial-end date and may send their own pre-conversion reminder.

5.3 Auto-renewal

Subscriptions renew automatically at the end of each billing period for the same duration and at the then-applicable price, until you cancel. By subscribing you authorise the Store to charge your payment method for each renewal. We do not separately notify you before each renewal; the Store handles renewal reminders according to its own policy (for the Annual plan, Apple and Google send a pre-renewal reminder in line with their policies and applicable law).

5.4 How to cancel

Cancellation is performed with the Store, not with us, because the Store is the merchant of record:

iOS: Settings → [your name] → Subscriptions → Breathe → Cancel Subscription.
Android: Play Store app → Profile → Payments & subscriptions → Subscriptions → Breathe → Cancel subscription.

To make this easier, we provide the Manage Subscription Link at Settings → Account → Manage subscription, which opens the right page automatically.

Important — deleting your account does NOT cancel your subscription. Deleting your Account (§17.1) is separate from cancelling a Subscription. To avoid future charges, you must cancel your Subscription via the App Store or Google Play before deleting your Account — account deletion does not automatically cancel a Subscription billed by Apple or Google.

5.5 Effect of cancellation

Cancelling stops the next renewal. You keep Pro access until the end of the current billing period. After that, your Account remains active with Free Features only, and your data (sessions, streak, settings) is preserved.

5.6 Refunds

Refunds for Store-billed Subscriptions are issued by Apple or Google under their own policies — not by us — and the Store has sole discretion over refunds it processes. By purchasing through a Store, you authorise the Store to process refunds on our behalf in accordance with that Store's policy (including, where applicable, the Store's short refund window after purchase). You can request a refund:

iOS: reportaproblem.apple.com
Android: play.google.com/store/account/orderhistory

This does not affect your statutory rights. If you believe you are entitled to a refund under mandatory Dutch or EU consumer law (for example, due to a lack of conformity of the Service under §13, or a withdrawal right under §6) and the Store has declined your request, contact us at hi@richicinschi.com and we will review.

5.7 Restore Purchases

If you reinstall the App or sign in on a new device, tap Settings → Account → Restore (or the Restore Purchases link on the paywall). We re-check your active Subscription with the Store and re-grant Pro access if found. Restore must be performed under the same Apple ID / Google account that originally purchased the Subscription.

5.8 Price changes

We may change Subscription prices in future. If we do:

Existing subscribers continue at their locked-in price until they cancel, lapse, or change plan.
New prices apply on new sign-ups from the change date.
We will notify existing subscribers via the in-App version banner and email at least 30 days before any price change that would affect their next renewal, in line with the App Store and Play Store policies for material price changes.
If you do not agree to a price increase, you may cancel before it takes effect via Settings → Account → Manage subscription. If you do not cancel, the new price applies to your next renewal.

6. Right of withdrawal (EU consumers)

Under Dutch consumer law (implementing Directive 2011/83/EU (the Consumer Rights Directive, "CRD") in Book 6 of the Dutch Civil Code, including arts. 6:230o–6:230p BW), you normally have a 14-day right of withdrawal for distance contracts on digital services.

Immediate-performance waiver. When you start a Subscription or Free Trial, you expressly request immediate performance of the service and acknowledge that you lose this right of withdrawal once we begin delivering the digital content — which happens the moment your purchase is confirmed and Pro Features unlock. Before you can purchase, the App presents a dedicated checkbox on the paywall — never pre-ticked — by which you request immediate performance and acknowledge that you lose your 14-day right of withdrawal once delivery begins; the purchase button stays disabled until you tick it. When your purchase activates, we record this consent against your Account with a timestamp (withdrawalConsentAt), and we send you a one-time confirmation email recording this request and acknowledgement on a durable medium (CRD arts. 8(7) and 16; see Privacy Policy §13). The Apple App Store / Google Play purchase-confirmation step that the Store (as merchant of record) presents is in addition to this in-app consent, not a substitute for it. To the extent Breathe Pro is treated as a digital service rather than digital content under Directive 2011/83/EU (as amended), the same express request and acknowledgement apply, and your right of withdrawal is likewise lost once the service has been fully performed with your prior consent (CRD art. 16(a)).

How to exercise the right (where it still applies). Where the immediate-performance waiver has not been triggered, you may withdraw within 14 days without giving any reason by an unequivocal statement — for example, by emailing hi@richicinschi.com or by using the Model Withdrawal Form in §6.1. The 14-day right does not apply to subsequent automatic renewals, which are governed by §5.3–§5.4.

Extension if not informed. If we have failed to inform you of your right of withdrawal, the withdrawal period is extended by up to 12 months from the end of the original 14-day period (CRD Art. 10).

Nothing in this section limits any other right or remedy you have under mandatory Dutch consumer-protection law (including your conformity rights in §13).

6.1 Model withdrawal form (CRD Annex I(B))

(Complete and return this form only if you wish to withdraw from the contract and the right of withdrawal still applies.)

To: Richicinschi, [REGISTERED ADDRESS], email hi@richicinschi.com

I/We () hereby give notice that I/We () withdraw from my/our (*) contract for the supply of the following service:

— Service: Breathe subscription (specify Annual or Monthly): ______________________ — Ordered on () / received on (): ______________________ — Name of consumer(s): ______________________ — Address of consumer(s): ______________________ — Signature of consumer(s) (only if this form is notified on paper): ______________________ — Date: ______________________

(*) Delete as appropriate.

7. Acceptable use

You may use the App only for lawful purposes, in accordance with these Terms, and in a manner consistent with its intended functionality and documentation. You agree to comply with all applicable local, national, and international laws, regulations, and treaties in connection with your use of the App, and with the Apple Media Services Terms and Conditions (for iOS) and the Google Play Terms of Service and Google Play Developer Program Policies (for Android).

Export and sanctions representation. You represent and warrant that you are not located in a country or region that is subject to a comprehensive U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" region, and that you are not listed on any U.S. Government or applicable EU/UN list of prohibited or restricted parties. You will not use or export the App in breach of applicable export-control or sanctions laws.

Prohibited activities. You agree not to:

Reverse-engineer, decompile, or disassemble the App, except to the extent expressly permitted by mandatory EU software-protection law (Directive 2009/24/EC).
Modify, adapt, or translate the App, create derivative works based on it, or use the App to develop any competing product or service.
Circumvent, disable, or tamper with the paywall, entitlement checks, security features, access controls, technological protection measures, or usage limitations built into the App (basis: Auteurswet art. 29a / Directive 2001/29/EC art. 6), or share paid Pro access with people who have not paid.
Use the App on a device whose platform security has been circumvented (for example, a jailbroken or rooted device) in a way that defeats the App's security or entitlement controls.
Use automated agents, bots, scrapers, crawlers, or spiders, or any automated means, to extract data from or access the Service, or access any API or backend system other than through the documented interfaces we provide.
Interfere with or disrupt the App, its servers, or connected networks, or attempt to gain unauthorized access to any part of the App, other users' accounts, or our systems.
Use VPNs, proxy servers, or similar technologies to circumvent geographic restrictions, regional pricing, or security measures.
Resell, sublicense, rent, lease, sell, trade, or transfer the App, your Account, or your Account credentials, or any part of them, to any third party.
Circumvent any payment mechanism or fee required to use the App's features, or pay for in-app purchases through any channel other than the Store's standard in-app purchase system.
Use the App for any illegal purpose, including fraud, money laundering, terrorist financing, distribution of illegal content, hacking, or unauthorized access to computer systems.
Harass, abuse, stalk, threaten, defame, or intimidate any person, or promote violence, hatred, or discrimination against any group.
Send unsolicited messages, advertisements, or promotional materials (spam), or use the App for unauthorized commercial purposes without our written consent.
Submit content (display name, support emails, feedback) that is threatening, abusive, defamatory, harassing, hateful, privacy-invasive, sexually explicit, infringing of intellectual-property rights, deceptive, impersonating, or otherwise unlawful, or that contains malware. You represent and warrant that you have all necessary rights to any content you submit and that it does not infringe any third party's rights, and you agree not to submit false, misleading, or deceptive content (including impersonation).

Enforcement of these acceptable-use rules is governed by §17.4.

8. User content and feedback

The App does not currently collect user-generated content beyond the personal practice data described in the Privacy Policy (session history, streak, settings, optional display name). There is no public feed, no comments, no profiles visible to other users, and no content is shared between users.

If we ever introduce a feature that lets you submit content visible to others, we will publish a separate content policy and update these Terms.

Feedback. If you send us feedback, suggestions, bug reports, or a testimonial ("Feedback"), you grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide licence to use, modify, and incorporate the Feedback to operate, improve, and promote the App, without compensation, obligation, or attribution to you. Submission of Feedback does not create any obligation on our part to implement, acknowledge, or compensate you for it. You agree that all Feedback is non-confidential and non-proprietary; please do not submit information you consider confidential or proprietary. Nothing in these Terms restricts your right to leave an honest review of the App.

9. Free vs Pro Features

The current allocation is:

Free Features (available to every User):

The five core breathing techniques (4-7-8 · Box · Coherent · Sigh · Bhramari).
Sessions of any length (per-technique presets and a custom duration).
Daily streak count.
Session history (the most recent 7 days, synced across devices).
Daily reminder (opt-in, on-device only).
Completion chime (toggleable).
Account management (create, edit, delete).

Pro Features (require an active Subscription):

The extended technique library — five additional breathing techniques (Extended Exhale · Equal Breathing · 4-4-8 · Ujjayi/Ocean Breath · Triangle).
Voice guide (audio cues during the session).
Ambient background audio (CC0 soundscapes).
Session history beyond the most recent 7 days.

This allocation may change in future releases. The in-App state is authoritative. We will communicate material reductions in the Free tier with at least 30 days' notice via the in-App version banner. A material reduction that negatively and not-merely-minorly affects your access to or use of the Service is also subject to the termination and refund rights in §22.2.

10. Third-party services and links

The App integrates with services provided by third parties whose own terms apply to your use of those services:

Apple App Store and Apple Sign-In — governed by the Apple Media Services Terms and Conditions (apple.com/legal/internet-services/itunes) and Apple's privacy terms.
Google Play and Google Sign-In — governed by the Google Play Terms of Service (play.google.com/about/play-terms) and the Google Play Developer Program Policies.
Firebase (Authentication, Firestore, Analytics, Crashlytics, Hosting, Functions) and Cloudflare — governed by the applicable Google Cloud and Cloudflare terms.
RevenueCat — governed by RevenueCat's terms.

Stores are distribution intermediaries. The App is distributed through the Apple App Store and Google Play. These Stores are distribution platforms and are not parties to these Terms (beyond, where applicable, acting as merchant of record and payment processor) and are not responsible for the App's content, functionality, or support. The App and your use of it must comply with the Apple Media Services Terms and the Google Play Terms of Service and Developer Program Policies. All questions, complaints, and claims regarding the App should be directed to us at hi@richicinschi.com.

External links. The App may contain links to third-party websites or services that we do not control. We are not responsible for their content, privacy practices, or terms, and your use of them is at your own risk and subject to their terms. We are not responsible for the availability, performance, or content of third-party services; if a third-party service is unavailable, parts of the App may be temporarily unavailable too.

11. Health disclaimer

This App is not medical advice or therapy. It supports relaxation and mindfulness but is not a substitute for professional medical, mental-health, or psychiatric care. If you have a medical condition (including but not limited to a respiratory condition, cardiovascular condition, pregnancy complication, or recent surgery), consult a qualified professional before starting any breathing practice.

If you experience dizziness, lightheadedness, anxiety, chest discomfort, or any unusual physical sensation during a session, stop immediately and return to your normal breathing.

The full health disclaimer below applies to the entire App and is adapted from the studio's standard health disclaimer (docs/legal/health-disclaimer.md), tailored to Breathe:

Important: Not Medical Advice

The content in this app — the breathing exercises and any related wellness content — is provided for general informational and self-care purposes only. It is not medical, mental health, or psychiatric advice, diagnosis, or treatment.

If you are experiencing severe anxiety, depression, a panic attack, suicidal thoughts, or any mental-health crisis, please contact a qualified healthcare professional or one of the resources below. Always consult a doctor before changing a treatment plan or starting a new self-care practice, especially if you have a medical condition.

Crisis resources:

Netherlands: 113 Zelfmoordpreventie — 113 or 0800-0113 (free, 24/7)
International: https://findahelpline.com

By using this app you acknowledge that the studio is not liable for any decision made based on its content.

12. Intellectual property

The App — including its source code, design, user interface, graphics, logos, animations, written content, text, databases, voice cues (AI-generated text-to-speech), and the underlying ambient soundscapes (sourced under CC0 / public-domain licences) (together, the "App Content") — is owned by Richicinschi or its licensors and is protected by copyright, trademark, patent, trade-secret, and other intellectual-property laws. Subject to your compliance with these Terms, you are granted only the licence in §4 above. All rights not expressly granted are reserved, and this licence is not a sale of the App or any copy of it.

Trademarks. "Breathe" (as used to identify this App) and "Richicinschi" are trademarks of Richicinschi. You may not use them in a manner that suggests endorsement of, or association with, any other product or service. All other trademarks, service marks, logos, and trade names used in the App are the property of their respective owners; their use does not imply endorsement or affiliation.

Trade secrets. The App contains trade secrets and proprietary and confidential information of Richicinschi. You agree not to disclose, reproduce, or use them except as expressly permitted by these Terms (basis: EU Trade Secrets Directive (EU) 2016/943 and its Dutch implementation).

Enforcement. We reserve all rights to enforce our intellectual-property rights to the fullest extent of the law, including by seeking injunctive relief and monetary damages.

Open-source software. The App incorporates open-source software. Attributions and licences are listed in Settings → About → Open-source licences. Your rights to use those components are governed by their respective open-source licences, and in the event of any conflict between these Terms and an open-source licence, the open-source licence prevails for that component.

Your data. You retain ownership of any personal data you provide (e.g. your display name, your session history). The Privacy Policy describes how we process it.

13. Disclaimers, warranties, and consumer conformity rights

13.1 "As is" (subject to mandatory consumer law)

To the maximum extent permitted by law:

The App is provided "as is" and "as available".
We do not guarantee that the App will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that defects will be corrected.
We do not guarantee that any specific outcome — including relaxation, better sleep, reduced anxiety, or improved focus — will occur.
To the maximum extent permitted by law, we disclaim all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and the accuracy or completeness of content.

13.2 Mandatory consumer-law savings

This section does not exclude or limit any warranty, right, or remedy implied or required by mandatory Dutch or EU consumer law that cannot be excluded or limited by contract. The disclaimers in §13.1 apply only to the extent permitted by applicable law and, in particular, do not apply to EU consumers to the extent they would conflict with the conformity rights described in §13.3.

13.3 EU consumer conformity rights (Digital Content Directive)

If you are a consumer in the EU, the digital content and digital services we supply must be in conformity with the contract under Directive (EU) 2019/770 (the Digital Content Directive, "DCD") and its Dutch implementation (arts. 7:50aa et seq. BW). This means, among other things, that the Service must be fit for the purposes for which digital content of the same type is normally used, match the description we give, and possess the qualities and performance you may reasonably expect.

Remedies. If the Service is not in conformity, you are entitled to have it brought into conformity and, where that is impossible, disproportionate, not done within a reasonable time, or done causing significant inconvenience, to a proportionate price reduction or to terminate the contract with a refund (DCD art. 14). These remedies follow the statutory hierarchy.
Burden of proof. For continuously supplied digital content (a Subscription), we bear the burden of proving conformity throughout the supply period; for any one-off supply, we bear it for 12 months from supply (DCD art. 12).
Updates. We will provide the updates, including security updates, necessary to keep the Service in conformity for the period during which the Service is supplied to you (DCD art. 8).
Detrimental modifications. If we make a modification to the Service that negatively and not merely minorly affects your access to or use of it, you may terminate free of charge as set out in §22.2 (DCD art. 19).

Nothing in these Terms limits the consumer remedies available to you under Book 7 of the Dutch Civil Code (Burgerlijk Wetboek) or other mandatory law.

13.4 Third-party dependencies

The App depends on third-party services, including the Apple App Store, Google Play, Firebase/Google Cloud, Cloudflare, RevenueCat, and telecommunications networks. To the extent permitted by law, we are not responsible for failures, delays, or interruptions caused by such third-party services. Where reasonably practicable, we will endeavour to give advance notice of scheduled maintenance and to address unplanned outages as quickly as commercially reasonable.

14. Limitation of liability

14.1 Cap and exclusions

To the maximum extent permitted by law:

Our total aggregate liability for any claim arising out of or relating to these Terms or the App is limited to the greater of (a) the amount you paid us in the 12 months before the event that gave rise to the claim, or (b) €100.
We are not liable for indirect, special, incidental, consequential, exemplary, or punitive damages, including loss of profits, loss of goodwill, or loss of data not under our control.

14.2 Carve-outs (what the limits never cover)

The cap and exclusions in §14.1 do not apply to, and nothing in these Terms limits or excludes, our liability for:

intent or gross negligence (opzet of bewuste roekeloosheid);
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation; and
any other liability that cannot be excluded or limited under mandatory Dutch or EU consumer-protection law.

14.3 Consumers and mandatory law

If you are a consumer in the European Union, our liability is determined by applicable mandatory consumer-protection law and may not be limited by these Terms to the extent such limitation is prohibited. Specific Dutch mandatory rules — including the unfair-terms regime in Book 6 BW (arts. 6:236/6:237), consumer-sales and conformity rules in Book 7 BW, the distance-contract rules in arts. 6:230o–6:230z BW, and the non-conformity liability implementing Directive (EU) 2019/770 — prevail over any conflicting term in these Terms, which is void to that extent.

14.4 Severability of the limits

If any limitation of liability in these Terms is found invalid or unenforceable, the remaining limitations continue to apply to the maximum extent permitted by law.

15. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Richicinschi and its affiliates, officers, contractors, employees, agents, and licensors against any third-party claim, loss, liability, expense, or damage — including third-party lawsuits, regulatory investigations, arbitration proceedings, settlement amounts, court costs, and reasonable legal/attorneys' fees — arising from:

Your breach of these Terms or the Privacy Policy; or
Your unlawful or infringing use of the App or the Service (including infringement of any third party's intellectual-property or privacy rights).

(The App currently hosts no user-generated content, so any indemnity limb concerning user content is not applicable unless and until such a feature is introduced.)

Carve-out. You are only obligated to indemnify us for claims that directly result from your actions or your breach of these Terms. This indemnification obligation does not apply to the extent a claim arises from our own intent, gross negligence, willful misconduct, or violation of law, or to the extent indemnification is prohibited by mandatory consumer-protection law.

Procedure. We will notify you of any claim for which we seek indemnification, and we may participate in its defence with our own counsel at our own expense. We will not settle any claim in a way that imposes a non-indemnified obligation on you without your consent. (Nothing in this section requires a consumer to fund or conduct our legal defence, applies only to the narrow grounds above, and never overrides your mandatory rights under Dutch consumer law — including BW 6:236(h).)

This obligation survives termination of these Terms.

16. Beta / preview features

We may from time to time make beta or preview features available, clearly labelled as such. Beta features are provided "as is" without warranty (subject to mandatory consumer law) and may be changed, withdrawn, or made permanent at our discretion. By using a beta feature you accept the additional risk that it may not work as intended.

17. Suspension and termination

17.1 Termination by you

You may stop using the App at any time. To fully terminate, delete your account in Settings → Account → Delete account (type DELETE to confirm). See §11 of the Privacy Policy for the deletion flow and timing.

Deleting your account is separate from cancelling a subscription. To avoid further charges, cancel any active Subscription through the App Store or Google Play before deleting your Account (see §5.4) — account deletion does not automatically cancel a Subscription billed by Apple or Google. Before deleting, you may export any data you wish to keep (see Privacy §9); after the 30-day recovery window your data is permanently deleted and cannot be recovered.

Terminating or deleting your Account does not entitle you to a refund of fees already paid, except where required by applicable law (for example, the EU right of withdrawal in §6, your conformity rights in §13, or the detrimental-change right in §22.2).

17.2 Suspension vs termination

Suspension is a temporary restriction of your access, which we can lift to restore your access.
Termination is the permanent closure of your Account and deletion of the data we control (subject to the legal-retention exceptions in §17.3 and the Privacy Policy).

We may temporarily suspend your Account if we reasonably suspect unauthorized access, suspicious activity, or a security threat, and we will notify you promptly of the suspension and the reasons for it.

17.3 Termination by us, notice, and cure

We may suspend or terminate your Account in the following circumstances:

Curable breaches. For non-serious or curable breaches of these Terms, we will give you reasonable notice (normally at least 14 days) and an opportunity to cure before terminating.
Serious breaches — immediate. We may terminate your Account immediately and without prior notice if you (a) materially breach these Terms (including §7 acceptable use), (b) use the App for illegal activity, (c) infringe intellectual-property rights, or (d) pose a security risk or threat to the Service or to others.
Legal / platform requirement. Where we are required to do so by law or by Apple's or Google's policies (including a Store removing the App).
Inactivity. If your Account has been inactive for a prolonged period, after we email a warning to your registered address.
Discontinuation. If we give you at least 30 days' notice that we are discontinuing the Service or your access to it for any other reason.

Discontinuation refund. If we discontinue the App before a prepaid Subscription period ends, we will, where applicable and required by law or the Store's policies, process a pro-rata refund for the unused portion.

Appeal. You may appeal a suspension or termination by emailing hi@richicinschi.com. We will review the appeal within approximately 14 days; our decision on the appeal is final (without prejudice to your statutory rights and the dispute-resolution routes in §24).

17.4 Enforcement options

We may take any action we reasonably deem appropriate in response to a violation of these Terms, including: (a) issuing a warning; (b) limiting functionality; (c) suspending your Account; (d) terminating your Account; (e) reporting violations to law-enforcement authorities; and (f) pursuing civil or criminal legal action. We will cooperate with law enforcement, court orders, and legal process requiring disclosure of information about users who violate these Terms or applicable law, to the extent such disclosure complies with the GDPR/AVG.

17.5 Effect of termination

On termination by either party:

You lose access to the App and Pro Features. If the App is removed from a Store, you may be unable to re-download it, though copies already installed may continue to function until uninstalled or until the entitlement lapses.
Any prepaid Subscription period is honoured through its current end date unless we terminate for material breach.
We delete the data we control per the Privacy Policy retention rules (§8), except where retention is required to comply with a legal obligation (e.g. tax/accounting records) or to establish, exercise, or defend legal claims, for the period the law requires. Data stored only on your device is removed when you uninstall the App or clear its storage; deleting that local copy is your responsibility.
Termination does not affect any rights, obligations, or liabilities accrued before the date of termination, including any payment obligations for charges incurred before termination.
Sections that by their nature should survive (e.g. §3.3 credentials, §8 feedback, §12 IP, §13 disclaimers/conformity, §14 liability, §15 indemnification, §19 severability, §23 governing law, §24 dispute resolution) survive termination.

18. Force majeure

Neither party is liable for any delay or failure to perform under these Terms caused by circumstances beyond its reasonable control, including natural disasters, epidemics, pandemics, and public-health emergencies, war, civil unrest, regulatory or government action, internet or network outages, Apple or Google Store outages, security incidents affecting third-party processors, or labour disputes.

The affected party will notify the other as soon as reasonably practicable of the force-majeure event and its expected duration, and will use reasonable efforts to mitigate its impact. The affected party will resume performance as soon as reasonably possible. If a force-majeure event continues for more than 60 days, either party may terminate on written notice, and we will provide a pro-rata refund of any prepaid Subscription fees for the unused period.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be reformed, to the minimum extent permitted by law, to come as close as possible to its original intent while becoming enforceable.

Consumer carve-out. Where a provision is unfair or unenforceable against a consumer under mandatory consumer-protection law (including BW arts. 6:236/6:237), that provision does not apply to the consumer, but continues to apply to non-consumer users to the maximum extent permitted by law. Mandatory consumer protections are never affected by this clause.

20. Entire agreement

These Terms (together with the Privacy Policy and any in-App notices we publish) constitute the entire agreement between you and us regarding the App and the Service, and supersede any prior agreements on the same subject. This clause does not affect any statutory rights or remedies that cannot be excluded or limited by contract under applicable law, and does not exclude or limit liability for fraud or fraudulent misrepresentation.

21. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent; any attempted assignment in violation of this provision is void. We may assign these Terms to a successor entity — for example, if Richicinschi incorporates as a besloten vennootschap (BV) in future, or in the event of a merger, acquisition, or sale of assets — provided that the successor agrees to be bound by these Terms and your rights are not diminished. We will notify you of any such assignment via an in-App notice and/or email. Any assignment by us will not affect your rights under these Terms or applicable law, including any accrued rights or remedies.

22. Notices and changes to these Terms

22.1 Notices

We notify you of important matters via:

The in-App version banner the next time you open the App after we publish an update.
Email to the address associated with your Account, where applicable.

A change is deemed notified when it is posted in the App's legal section with an updated effective date and (for material changes) sent by email to your registered address. You are responsible for keeping your email address current. You notify us by emailing hi@richicinschi.com from your Account email address.

22.2 Changes to these Terms

We may update these Terms when we change the Service, our pricing structure, or to reflect a change in law.

Material vs immaterial changes.

Material changes include changes to: pricing or billing; the allocation of Free vs Pro Features or other reductions in functionality; liability or indemnification; dispute resolution or governing law; privacy or data-handling practices; or new restrictions on use.
Immaterial changes (typographical corrections, clarifications, or the addition of optional new features) may take effect immediately upon posting.

Notice and effective date. For material changes, we will give at least 30 days' advance notice before they take effect, by (a) an in-App notice/banner, (b) email to your registered address, and (c) a notice on richicinschi.com. The notice will include a summary of the key changes and a link to the full revised Terms. Changes take effect on the date stated in the notice (at least 30 days after notification for material changes).

Acceptance. For material changes, signed-in users are asked to re-accept via an in-App notice, and new users accept the current version through the sign-up consent checkbox; we record the version accepted. For immaterial changes, your continued use of the App after the effective date constitutes acceptance — except that, as an EU consumer, you retain the termination and refund right below for any material change to your detriment.

Material change to your detriment. If we make a material change to your detriment, you may terminate your Account and any paid Subscription without penalty within 30 days of the change taking effect, and we will provide a pro-rata refund of any prepaid, unused Subscription period (EU DCD art. 19; art. 7:50ab BW). A "material change to your detriment" includes: (a) subscription price increases; (b) reductions in functionality or features; (c) changes to privacy or data-handling practices; (d) changes to dispute resolution or governing law; and (e) new restrictions on use.

Version history. The "Last updated" date and "Document version" at the top of these Terms always reflect the current version. This is version 12 (2026-06-14), superseding version 11 (2026-06-11). Version 12 updates the §2 definitions and the §9 allocation to reflect the expanded technique catalogue: the App now offers ten breathing techniques. The five core techniques (4-7-8, Box, Coherent, Sigh, Bhramari) remain Free Features and are unchanged for every existing User; five additional evidence-based techniques (Extended Exhale, Equal Breathing, 4-4-8, Ujjayi/Ocean Breath, Triangle) are added as Pro Features. This expands the paid tier, removes nothing from the Free tier, and is not a change to your detriment (§29). Version 11 (2026-06-11) makes no changes to these Terms — it tracks the Privacy Policy's version 11 disclosure additions (CCPA deletion exceptions, the aggregate app statistics Apple and Google provide to us, and an internal continuity-plan reference), so one recorded acceptance covers both documents. Version 10 (2026-06-11) updates the §2 definitions and the §9 allocation: breathing sessions of any length (per-technique presets and a custom duration) are now a Free Feature for every User — the previous 5- and 8-round Pro gate is removed, an expansion of the Free tier — and the Pro list now states the existing access to session history beyond the most recent 7 days (the most recent 7 days, synced across devices, are a Free Feature). Version 9 disclosed in §6 the one-time durable-medium confirmation email sent when a subscription purchase that starts a new contract activates (once per contract — again on a re-subscription after lapse, never on renewals), alongside the Privacy Policy's version 9 disclosure updates, so one recorded acceptance covers both documents. Version 8 made no changes to these Terms (it tracked the Privacy Policy's version 8 updates); version 7 narrowed the §15 indemnity (BW 6:236(h)), corrected the §24.4 ADR routing, and added the CRD art. 16(a) digital-service limb to §6. Prior versions are available on request from hi@richicinschi.com.

23. Governing law and jurisdiction

These Terms are governed by the laws of the Netherlands, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods.

Consumer protection of your home country (Rome I). If you are a consumer resident in the EU, this choice of law does not deprive you of the protection afforded by the mandatory consumer-protection provisions of the law of the country in which you have your habitual residence (Rome I Regulation (EC) No 593/2008, art. 6(2)). Nothing in these Terms deprives you of that protection.

Courts (Brussels I bis). Subject to mandatory law, the Dutch courts have jurisdiction over disputes arising out of or relating to these Terms; for non-consumer disputes, the competent court is the Rechtbank Amsterdam (civil sector). However, if you are a consumer, you may bring proceedings against us in the courts of your own country of residence, and we may bring proceedings against you only in the courts of your country of residence (Brussels I bis Regulation (EU) No 1215/2012, arts. 17–19).

Applicable consumer law. These Terms are subject to mandatory Dutch and EU consumer law, including Books 6 and 7 of the Dutch Civil Code (Burgerlijk Wetboek) — covering distance contracts (afstandscontracten, arts. 6:230o et seq.), consumer sales and conformity (Book 7), and the unfair-terms regime (the zwarte lijst art. 6:236 and grijze lijst art. 6:237) — and the EU directives implemented in them, including the Consumer Rights Directive 2011/83/EU, the Digital Content Directive (EU) 2019/770, the Unfair Terms Directive 93/13/EEC, the Unfair Commercial Practices Directive 2005/29/EC, the Omnibus Directive (EU) 2019/2161, and the Digital Services Act Regulation (EU) 2022/2065.

Mandatory rights never excluded; soft severability. No term of these Terms overrides your non-excludable mandatory consumer rights, including your 14-day right of withdrawal (§6), your right to conforming digital content (§13), your protection against unfair contract terms, your right to sue in your home court, and your statutory warranty/conformity protections. Where any provision conflicts with mandatory consumer law, mandatory law prevails, that provision is deemed modified to the minimum extent needed to comply, and the remaining provisions are unaffected.

24. Dispute resolution

We hope to never disagree. If something goes wrong:

Contact us first. Before initiating any formal proceedings, please contact us at hi@richicinschi.com with a detailed description of your complaint. We will make reasonable efforts to resolve it informally within 30 days of receipt. This informal step is optional for consumers and does not affect any statutory rights or deadlines (including the right of withdrawal in §6 or limitation periods for legal claims), nor your access to courts or ADR.
Trader identity for disputes. For consumer-law and ADR purposes, the trader is Richicinschi (eenmanszaak), KvK [KVK NUMBER], registered address [REGISTERED ADDRESS], email hi@richicinschi.com.
Mediation (optional). As an alternative to court proceedings, either party may propose mediation through a mutually agreed mediation provider. Mediation is voluntary and either party may terminate it at any time.
Alternative dispute resolution (ADR). Out-of-court ADR in the Netherlands is voluntary for both parties, and Richicinschi is not currently affiliated with a sectoral Geschillencommissie scheme, so we cannot be compelled to that route; if we join one in future we will update these Terms and notify you. For free, independent guidance on your consumer rights you can contact ConsuWijzer, the information service of the Dutch Authority for Consumers and Markets (ACM), at consument.acm.nl — ConsuWijzer provides information, not binding dispute resolution. You always retain your right to bring the dispute before the competent court (§23 and §24.5). (The European Commission's central Online Dispute Resolution (ODR) platform was discontinued on 20 July 2025; Regulation (EU) 524/2013 has been repealed.)
Courts and small claims. Either party may bring an individual action in small-claims court (the kantonrechter in the Netherlands) for disputes within that court's jurisdiction, regardless of any other provision in this section. For consumers in the EU, you may also use the European Small Claims Procedure (Regulation (EC) No 861/2007) in your country of residence for claims within the applicable monetary limit. The Dutch courts otherwise remain available per §23.

25. Apple App Store — Licensed Application End User Licence Agreement (additional terms for iOS)

The following additional terms apply only when you obtain or use the App on an Apple device through the Apple App Store. They reproduce Apple's minimum Licensed Application End User Licence Agreement requirements and are intended to be at least as protective of Apple as Apple's template. In these terms, the developer is Richicinschi ("we"/"us").

Acknowledgement. You and Richicinschi acknowledge that these Terms are concluded between you and Richicinschi only, and not with Apple Inc., and that Richicinschi, not Apple, is solely responsible for the App and its content. These Terms do not provide for usage rules for the App that are in conflict with the Apple Media Services Terms and Conditions as of the date you accept these Terms (which you acknowledge you have had the opportunity to review).
Scope of licence. The licence granted to you for the App is a non-transferable licence to use the App on any Apple-branded products that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions. The App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing, volume purchasing, or Legacy Contacts.
Maintenance and support. Richicinschi is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. You and Richicinschi acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty. Richicinschi is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Richicinschi's sole responsibility.
Product claims. You and Richicinschi acknowledge that Richicinschi, not Apple, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product-liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation, including in connection with the App's use of any HealthKit or HomeKit frameworks (the App does not currently use these). These Terms may not limit Richicinschi's liability to you beyond what is permitted by applicable law.
Intellectual property. You and Richicinschi acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual-property rights, Richicinschi, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer name and address. Questions, complaints, or claims with respect to the App should be directed to: Richicinschi, [REGISTERED ADDRESS], hi@richicinschi.com.
Third-party terms. You must comply with applicable third-party terms of agreement when using the App (for example, your wireless-carrier or data-plan terms).
Third-party beneficiary. You and Richicinschi acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

For the avoidance of doubt, Apple is not responsible for the App or its content, functionality, support, warranties, intellectual-property claims, or product-liability claims; all such responsibility rests with Richicinschi as set out above.

26. Google Play — additional terms for Android

The following additional terms apply when you obtain or use the App through Google Play:

Your use of the App on Android is subject to the Google Play Terms of Service (play.google.com/about/play-terms), and the App and your use of it must comply with the Google Play Developer Program Policies, which may be updated from time to time.
Google Play is a distribution intermediary and is not a party to these Terms (beyond, where applicable, acting as merchant of record and payment processor) and is not responsible for the App's content, functionality, or support.
You authorise Google to provide refunds for Subscriptions billed through Google Play in accordance with Google's policies (see §5.6).
All questions, complaints, and claims regarding the App should be directed to us at hi@richicinschi.com.

27. Miscellaneous

No waiver. Our failure to enforce any right or provision of these Terms at any time does not constitute a waiver of our right to enforce it later. Any waiver must be in writing and signed by an authorized representative of Richicinschi. A waiver of any breach or default does not waive any subsequent breach or default.

Headings. Headings and section numbers are for convenience only and do not affect the interpretation of these Terms.

Governing language. These Terms are originally drafted in English and are also provided in Dutch. In the event of any conflict, the English version prevails for interpretation, except where mandatory consumer-protection law requires the local-language version (e.g. Dutch for consumers resident in the Netherlands) to prevail. Nothing in this clause deprives you of any mandatory protection in your own language or country.

28. Contact

Questions, refund matters we should know about, security reports, withdrawal notices, complaints, or anything else: hi@richicinschi.com — Richicinschi (eenmanszaak), KvK [KVK NUMBER], [REGISTERED ADDRESS].

By ticking the "I agree" consent checkbox (or by continuing to use the App), you confirm that you have read and accepted these Terms and the Privacy Policy.