These General Terms and Conditions (hereinafter referred to as "GTC") govern all services provided by MyBreo GmbH, headquartered at Dickhardtstraße 9, 12159 Berlin (hereinafter referred to as "MyBreo GmbH" or "Provider").

These services include all offers available to customers and prospects via the website www.mybreathing.de or through other channels such as landing pages, apps, emails, and chat services provided by MyBreo GmbH.

Any deviation from these GTC must be agreed upon in writing, which also applies to the waiver of the written form requirement.

2. Conclusion of the Contract

To use the services of MyBreo GmbH, registration via a user profile is required. Customers must be at least 18 years old, fully capable of conducting legal business, and must not be subject to any legal guardianship, unless legitimate legal representation is promptly provided in writing after registration. In special cases, this requirement may be waived for customers aged 16 and over with prior written consent from a legal guardian, following prior consultation with MyBreo GmbH.

The use of MyBreo GmbH's services is not an automatically granted right. MyBreo GmbH reserves the right to reject registrations without stating reasons. A contractual relationship between the customer and MyBreo GmbH is established only through acceptance of the General Terms and Conditions (GTC), which is a prerequisite for using MyBreo GmbH's services. Furthermore, MyBreo GmbH reserves the right to specify particular or differing conditions for certain services, ensuring transparency.

3. Excluded Persons from Services by MyBreo GmbH

a. Minors

Individuals under the age of 18 require prior consent from their legal guardians to use the services. Individuals under the age of 16 are generally excluded from the services.

b. Health Requirements

To avoid risks associated with the use of courses offered by MyBreo, individuals with symptoms related to respiratory, cardiovascular, or musculoskeletal conditions are strongly advised to consult a physician before utilizing the services. Generally, individuals should pay attention to their body's signals: if an exercise causes pain, shortness of breath, or general discomfort, it should not be performed.

c. Contraindications

Participation is generally excluded if users have one or more contraindications that oppose participation or have been diagnosed with such conditions by a therapist or doctor. This includes respiratory, cardiovascular, or musculoskeletal conditions. Users with such diagnoses are strongly encouraged to seek medical advice before participating.

4. Services Provided by MyBreo GmbH

The specific details of the services provided by MyBreo GmbH are outlined in the individual descriptions of the booked courses and/or services. These service descriptions, along with the General Terms and Conditions valid at the time of registration or contract conclusion, will be made available to the customer as a document for permanent retention once a purchase contract or binding booking is completed.

It is important to note that the services provided by MyBreo GmbH do not constitute medical advice, treatment, or psychotherapy and are not a substitute for a medical examination or treatment, although they can complement such treatments.

5. Payment Terms and Payment Methods

a. Prices and Fees

All prices listed on the website and in the individual service descriptions include any applicable statutory VAT.

When purchasing the main course (which currently lasts for 5 days) or individual services, the fee is charged in advance at the time of booking.

b. Payment Methods

MyBreo GmbH accepts the following payment methods:

Credit Card

Paypal

Vouchers can be redeemed by entering the respective voucher code during booking.

MyBreo GmbH reserves the right, for a legitimate reason, to limit the offered payment methods in specific transactions and refer to alternative payment methods.

c. Payment Default / Insufficient Account Funds

If MyBreo GmbH incurs costs and/or expenses due to a declined payment attributable to the user (e.g., insufficient account funds or exceeded credit card limit), MyBreo GmbH reserves the right to charge the user for the actual costs and/or expenses incurred.

In the event of a user’s payment default, MyBreo GmbH reserves the right to assert further claims.

6. Term of Services

The use of MyBreo GmbH's services begins with the payment of the applicable fee.

The purchase of the main course (which is currently designed to last a total of 5 days) entitles the user to access the course content for a total of six months.

7. Operation of Services

MyBreo GmbH strives to ensure the proper operation of the services offered. However, the provider assumes no responsibility or liability for the uninterrupted availability of the internet, mobile apps, web apps, email services, or courses, especially not for technical delays, interruptions, or failures. Users are not entitled to any compensation as a result.

8. Ordinary Termination

Ordinary termination is excluded given the short binding period. The right to terminate for cause remains unaffected.

9. Termination for Cause

Both parties (users and MyBreo GmbH) retain the statutory right to terminate for cause. For MyBreo GmbH, a cause for termination exists particularly if the user does not meet the requirements outlined in Section 3.

10. Account Deletion

In the event of termination, MyBreo GmbH will permanently delete the user’s account unless there are legal retention obligations.

11. User Obligations

a. Accurate Data Submission

Users agree to provide accurate, complete, and truthful information during registration and when booking individual courses or services provided by MyBreo GmbH.

b. Care and Reporting Obligations

Users agree to perform the exercises demonstrated by MyBreo GmbH with due care and in accordance with the instructions provided. This is particularly important if the exercise involves movements that users have been advised to avoid by a doctor or therapist.

c. Confidentiality Obligation

Users are obligated to keep their access credentials to MyBreo user profiles (especially but not exclusively passwords) confidential and secure from third parties. Users must neither tolerate nor facilitate third-party access to this information. In case of password misuse, loss, or suspicion thereof, users must promptly notify MyBreo GmbH.

d. Non-Commercial Use

The current (as of 04.2024) course offerings of MyBreo GmbH are intended solely for personal, non-commercial use. The content of the courses and other services provided by MyBreo GmbH, as well as information on the website www.mybreathing.de, may not be used for commercial purposes or reproduced without explicit consent from MyBreo GmbH. Unauthorized disclosure of any content without prior consent from MyBreo GmbH will result in a contractual penalty of €50,000.00 per violation. Each unauthorized disclosure to an individual or legal entity constitutes a violation. Additional claims for damages remain unaffected.

12. Liability and Disclaimer

Users’ claims for damages are excluded. Exempted from this are claims for damages arising from injury to life, body, or health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages caused by intentional or grossly negligent breaches of duty by MyBreo GmbH, its legal representatives, or agents. Essential contractual obligations are those necessary to achieve the contract’s purpose.

In the event of a breach of essential contractual obligations, MyBreo GmbH is only liable for foreseeable, contract-typical damages caused by simple negligence, unless the claim concerns damages arising from injury to life, body, or health.

The limitations in paragraphs 1 and 2 also apply in favor of MyBreo GmbH's legal representatives and agents if claims are made directly against them.

The limitations of liability set forth in paragraphs 1 and 2 do not apply if MyBreo GmbH has fraudulently concealed a defect or assumed a guarantee for the condition of the item. The same applies if MyBreo GmbH and the customer have reached an agreement on the condition of the item. The provisions of the Product Liability Act remain unaffected.

13. Right of Withdrawal

a. Withdrawal Instruction

When entering into a user contract, purchasing an additional service, or subscription, the customer has the following right of withdrawal. The customer has the right to withdraw from the contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the date of contract conclusion.

The right of withdrawal expires if the customer has already used the service or parts thereof.

The withdrawal must be sent to:

MyBreo GmbH

Dickhardtstraße 9

12159 Berlin

mybreo45@gmail.com

The withdrawal must be communicated via a clear declaration (e.g., by letter or email) of the decision to withdraw from the contract. Sending the withdrawal before the end of the withdrawal period is sufficient to meet the deadline.

The enclosed withdrawal form may be used, though it is not mandatory.

b. Consequences of Withdrawal

If the customer withdraws from the contract, all payments, including delivery costs (except for additional costs incurred if a delivery method other than the cheapest standard delivery is selected), will be refunded promptly and no later than fourteen days from the date MyBreo GmbH receives the withdrawal notification. Refunds will be processed using the same payment method used in the original transaction unless expressly agreed otherwise. No fees will be charged for this refund.

If the customer requested that services begin during the withdrawal period, they must pay MyBreo GmbH a reasonable amount proportional to the services already rendered compared to the total services provided under the contract ("pro rata temporis" principle). The relevant period is the course offering period, not the access period, i.e., 5 days.

c. Premature Expiration of the Right of Withdrawal

According to Section 356(5) of the German Civil Code (BGB), the right of withdrawal expires prematurely for a contract for the supply of digital content not stored on a physical data carrier if the provider begins executing the contract before the withdrawal period expires. This occurs once the user:

has expressly agreed that the provider begins executing the contract before the withdrawal period ends, and

has confirmed that they are aware that they lose their right of withdrawal once execution of the contract begins and have received confirmation of this.

d. Model Withdrawal Form

The following withdrawal form may be used for withdrawal:

I hereby withdraw from the contract I entered into for the purchase of the following course:

Order date/received on:

Customer name:

The form must be sent to the following address in writing or by email:

MyBreo GmbH

Dickhardtstraße 9

12159 Berlin

mybreo45@gmail.com

14. Data Protection

In addition to these GTC, the "Privacy Policy" of MyBreo GmbH applies, which customers can access at any time via MyBreo GmbH's website.

15. Copyright Notice

All content, including text, software, images, graphics, videos, audio files, etc., provided on the pages of this website, the mobile and web apps of MyBreo GmbH, in emails from MyBreo GmbH, and in all other services offered by MyBreo GmbH, is protected by copyright. Any unauthorized use of this content requires prior explicit written consent from MyBreo GmbH.

16. Right to Modify

MyBreo GmbH reserves the right to change and update these General Terms and Conditions (GTC) at any time without stating reasons, with future effect.

Updated GTC will be sent to the customer in advance by email to the email address last provided in the user profile or communicated via a notice on the website. If the user does not object to the amended GTC within 2 (two) weeks, they are considered accepted and will take effect. Timely submission of the objection is critical to meeting the deadline.

In the event of an objection within the time limit, MyBreo GmbH reserves the right to terminate the contractual relationship with the customer without notice. In this case, payments already made will be refunded proportionally to the remaining term. If MyBreo GmbH does not terminate the existing contractual relationship after a valid objection, the previous GTC will remain in effect for the respective customer.

17. Applicable Law and Jurisdiction

The laws of the Federal Republic of Germany apply to all legal relationships, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer and, at the time of order, is ordinarily resident in another country, the mandatory legal provisions of that country remain unaffected, regardless of the chosen law.

If the customer is a merchant and, at the time of order, is based in Germany, the exclusive place of jurisdiction is the registered office of MyBreo GmbH in Berlin. Local and international jurisdiction is subject to the corresponding legal provisions.

18. Severability Clause

If any provision of this contract is or becomes invalid or unenforceable after contract conclusion, the validity of the rest of the contract remains unaffected. The invalid or unenforceable provision shall be replaced by a provision that most closely reflects the economic intent of MyBreo GmbH and the customer in formulating the invalid or unenforceable provision. The same applies if the contract proves to be incomplete.