Andningsappen Varberg AB (org.nr 559496-1491), with registered offices at Boråsgatan 12 b, 432 45 Varberg, Sweden ("WeHale", "we", "us", "our") provides a digital breathwork application and related wellness services. These Terms of Use ("Terms"), together with our Privacy Policy available at wehale.io/privacy (the "Privacy Policy"), govern your use of the WeHale mobile application (the "App"), the website located at wehale.io (the "Site"), and all related digital products and services (collectively, the "Service"). The Privacy Policy forms an integral part of these Terms.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.
1. Access to the Service
1.1 Access to the Service is provided on an ongoing basis. We reserve the right to modify, update, suspend, or discontinue the Service, in whole or in part, at any time to the extent permitted by applicable law. We will make reasonable efforts to notify you of significant changes.
1.2 Some features require a paid subscription (see Section 3).
1.3 The Service is intended for users aged 16 and above. You must be at least 16 years old to create an account. If we become aware that a user is under 16, we reserve the right to close the account and delete associated data without notice.
1.4 If you are provided with login credentials as part of our security procedures, you must keep them confidential and not share them with any third party. You are responsible for all activity that occurs under your account. We may disable any account credentials at any time if we reasonably believe you have breached these Terms.
1.5 You are responsible for ensuring that anyone who accesses the Service through your device or connection is aware of these Terms.
2. Use of the Service
2.1 The Service is for personal, non-commercial use only. You may not misuse the Service in any way that harms WeHale, other users, or any third party.
2.2 To access certain features you must create an account by following the registration process in the App. Your account is personal and may not be transferred to or used by another person.
2.3 If you learn of or suspect any unauthorised access to your account, you must immediately contact us at support@wehale.io.
2.4 You agree not to:
- Share your account with others or circumvent access restrictions
- Record, download, or redistribute session audio or other content
- Reverse-engineer the App or its APIs
- Transmit malicious code or files that may damage the Service or others' property
- Use the Service for any unlawful purpose
- Attempt to gain unauthorised access to any part of the Service
2.5 We welcome feedback and suggestions at support@wehale.io. Any feedback you provide may be used by WeHale without obligation to you.
3. Subscriptions and Payments
3.1 Certain enhanced features require a paid subscription (monthly or annual). By purchasing a subscription, you agree to pay the applicable fees and any taxes. Prices are displayed in the App and on the Site in the applicable currency as determined by the App Provider or payment processor. WeHale is not responsible for exchange rate fluctuations or additional charges imposed by your payment provider.
3.2 Payments are processed through the Apple App Store, Google Play Store (each an "App Provider"), or directly via the Site using third-party payment processors. Special terms from the App Provider or payment processor may also apply.
3.3 Subscriptions are billed in advance at the beginning of each billing period and auto-renew until cancelled by you. You must cancel at least 24 hours before the end of the current billing period to avoid being charged for the next period.
3.4 To cancel a subscription purchased through an App Provider, you must cancel through that App Provider's service. For subscriptions purchased directly via the Site, you may cancel through your account settings or by contacting support@wehale.io. Please note that deleting the App or closing your account does not automatically cancel your subscription: you must actively cancel it.
3.5 All payments are non-refundable except as required by applicable law, including the right of withdrawal described in Section 8, or as otherwise expressly provided in these Terms.
3.6 We reserve the right to change subscription fees at any time. You will be notified in advance of any price changes, and the new fees will only apply to subsequent renewal periods. If you do not agree with a price change, you may cancel your subscription before it renews.
3.7 We reserve the right to cancel or decline orders in cases of suspected fraud or other circumstances we deem appropriate. You will not be charged for orders we cancel.
4. Health Disclaimer and Biometric Data
4.1 Health Disclaimer
WeHale is a wellness tool, not a medical device. The Service, including all sessions, recommendations, and content, is not intended to diagnose, prevent, or treat any condition or disease, and is not a substitute for professional medical advice, diagnosis, or treatment. If you have a medical condition (including but not limited to cardiovascular conditions, epilepsy, or respiratory disorders), consult a healthcare professional before practising breathwork.
Some techniques involve breath holds or rapid breathing that may cause dizziness or lightheadedness. Always practise in a safe position and stop immediately if you feel unwell. Do not use the Service while driving, operating machinery, in or near water, or in any other situation where dizziness or impaired awareness could pose a risk to you or others.
While we strive to provide high-quality content, WeHale does not warrant the accuracy or completeness of any information provided through the Service. Any reliance on such information is at your own risk, subject to the limitations set out in Section 10.
4.2 Biometric Data
With your explicit consent, WeHale may access health data from Apple HealthKit or Google Health Connect (such as heart rate and heart rate variability) to provide session feedback and track your progress over time. This data is processed in accordance with our Privacy Policy, which describes in detail what data is accessed, how it is stored, and with whom it may be shared. You can revoke this access at any time through your device settings. We do not sell biometric data or use it for advertising purposes.
5. AI-Powered Features
WeHale uses artificial intelligence to recommend sessions based on your self-reported data (such as stress level and available time), session history, and, where you have granted access, other data described in our Privacy Policy. AI recommendations are informational only and should not be treated as medical or therapeutic advice. You may adjust or ignore any recommendation at any time.
AI-powered recommendations are used to suggest content and do not constitute solely automated decision-making that produces legal effects or similarly significantly affects you within the meaning of Article 22 of the EU General Data Protection Regulation.
6. Your Data and Privacy
6.1 We collect and process personal data as described in our Privacy Policy. By using the Service, you confirm that all personal data you provide is accurate and up to date.
6.2 Your personal data is processed in accordance with applicable data protection laws, including the EU General Data Protection Regulation (GDPR). You have rights under applicable data protection law, including the right to access, correct, export, restrict processing of, object to processing of, and request deletion of your personal data. To exercise these rights, contact support@wehale.io.
6.3 Account deletion can be initiated in the App or by contacting support@wehale.io. Upon deletion, your personal data will be removed in accordance with our Privacy Policy.
6.4 For information about cookies used on the Site, please see our Privacy Policy.
7. Content and Intellectual Property
7.1 All audio sessions, videos, images, text, trademarks, service marks, and other content in the Service are owned by WeHale or our licensors and are protected by copyright and other intellectual property laws.
7.2 By using the Service, you are granted a non-exclusive, non-transferable, limited licence to use the Service and install the App on your device(s) for personal use, in accordance with these Terms and any applicable App Provider terms. All rights not expressly granted are reserved by WeHale.
7.3 You may not copy, redistribute, modify, or commercially exploit any content from the Service without our prior written permission.
8. Right of Withdrawal (EU/EEA Consumers)
8.1 If you are a consumer within the European Union or European Economic Area (EEA), you have the right to withdraw from a subscription or one-off purchase within fourteen (14) days from the date you receive confirmation of your purchase, in accordance with the EU Consumer Rights Directive.
8.2 As the Service provides digital content, you will be asked during the purchase process to expressly consent to the immediate delivery of the digital content and to acknowledge that you thereby waive your right of withdrawal once the digital content has been accessed or the service has begun. This is in accordance with Article 16(m) of the Consumer Rights Directive.
8.3 If you have not accessed or used the paid features during the withdrawal period and wish to exercise your right of withdrawal, contact us at support@wehale.io. Prepaid fees will be refunded within 14 days. Purchases made through an App Provider (such as in-app purchases) can only be refunded by the relevant App Provider with its consent.
9. Complaints and Dispute Resolution
9.1 If you are dissatisfied with the Service, please contact us at support@wehale.io. If you believe the Service is defective, you should notify us as soon as possible after discovering the issue, and in any event within three (3) months from the date the issue was discovered or should reasonably have been discovered.
9.2 For users in Sweden: If you are not satisfied with our handling of your complaint, you may submit it to the Swedish National Board for Consumer Disputes (Allmänna Reklamationsnämnden, ARN) for review free of charge. Website: arn.se. Email: arn@arn.se.
9.3 For consumers in the EU/EEA: A list of consumer dispute resolution entities in EU member states is available at consumer-redress.ec.europa.eu/dispute-resolution-bodies.
9.4 Complaints regarding products or services purchased from third parties should be directed to the relevant third party.
9.5 For users outside the EU/EEA: If you are located outside the European Union or European Economic Area, disputes shall be resolved in accordance with Section 14. You are always welcome to contact us at support@wehale.io to resolve any concerns.
10. Limitation of Liability
10.1 The Service is provided "as is" without warranties of any kind, express or implied. You access and use the Service at your own risk.
10.2 In no event shall WeHale be liable for any indirect, incidental, or consequential damages arising from your use of the Service, except in cases of intentional misconduct or gross negligence.
10.3 To the maximum extent permitted by applicable law, WeHale's total aggregate liability for any direct damages shall not exceed the greater of: (i) the subscription fees paid by you during the twelve (12) months preceding the claim, or (ii) 500 SEK.
10.4 Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.
11. Force Majeure
WeHale shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemic, strikes, government action, power failures, internet or telecommunications failures, or failures of third-party hosting or infrastructure providers. Where such circumstances continue for more than sixty (60) days, either party may terminate the agreement by written notice.
12. Subcontractors and Assignment
12.1 WeHale reserves the right to engage subcontractors to fulfil obligations under these Terms. We ensure that agreements with subcontractors include adequate provisions regarding security and personal data processing.
12.2 You may not assign or transfer any rights or obligations under these Terms to any third party without our prior written consent.
12.3 WeHale reserves the right to assign its rights and obligations under these Terms, in whole or in part, provided that the assignee assumes all obligations under these Terms.
13. Termination
13.1 You may terminate your account at any time through the App settings or by contacting support@wehale.io.
13.2 Please note that deleting the App or closing your account does not cancel an active subscription. You must separately cancel your subscription through the relevant App Provider or your account settings on the Site (see Section 3.4).
13.3 We may suspend or terminate accounts that violate these Terms. If your account is terminated due to a breach, you will not be entitled to a refund.
13.4 Upon termination, your personal data will be handled in accordance with our Privacy Policy.
13.5 Upon termination, the following sections shall continue to apply: Section 4 (Health Disclaimer and Biometric Data), Section 7 (Content and Intellectual Property), Section 10 (Limitation of Liability), Section 11 (Force Majeure), Section 14 (Governing Law), and Section 16 (General Provisions).
14. Governing Law
14.1 These Terms are governed by the laws of Sweden, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved by the courts of Stockholm, Sweden, subject to the alternative dispute resolution options described in Section 9.
14.2 If you are a consumer in the EU/EEA, nothing in these Terms affects your rights under mandatory consumer protection laws in your country of residence, including the right to bring proceedings in the courts of your habitual residence.
15. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated via the App or email at least thirty (30) days before they take effect. Continued use of the Service after changes become effective constitutes acceptance. If you do not agree with updated Terms, you should stop using the Service and may delete your account.
16. General Provisions
16.1 Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and WeHale regarding your use of the Service and supersede any prior agreements or understandings.
16.2 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a competent court, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
16.3 No Waiver. WeHale's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
17. Contact
If you have any questions about these Terms or the Service, please contact us at:
Andningsappen Varberg AB
Org.nr 559496-1491
Boråsgatan 12 b
432 45 Varberg, Sweden
Email: support@wehale.io