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Terms of Use

CARLON — Breathe Beyond · Effective: April 2026 · Version 1.2

The German-language General Terms and Conditions (AGB) are the legally binding version for consumers in Germany. This English version is provided for convenience.

1. Scope

These Terms of Use govern the use of the app "CARLON — Breathe Beyond" (hereinafter "App") provided by:

Jan Rohwedder · Vitalkultur (sole proprietorship under German law)
Kapellenstraße 9, 76473 Iffezheim, Germany
Email: jan@vitalkultur.com

The App is not a regulated medical device within the meaning of EU Medical Device Regulation (MDR) 2017/745 or the MDCG Guidance on Software (MDCG 2019-11). It does not diagnose, prevent, monitor, treat, or alleviate any disease or injury. The App is a general wellness and fitness tool. Health data displayed within the App (e.g. heart rate, SpO₂) is sourced from Apple HealthKit and is not independently measured or interpreted by the App for medical purposes.

2. Description of Service

CARLON is a wellness app for Apple Watch and iPhone. The app offers guided breathing exercises with haptic feedback, visual guidance, and optional sound accompaniment. The exclusive focus on the Apple platform is a deliberate design decision to leverage integrated health sensors, haptic feedback, and the watchOS ecosystem.

The App requires iOS 16.0 or later and watchOS 9.0 or later. Compatibility with future OS versions is not guaranteed.

3. Medical Disclaimer

CARLON does not replace medical advice, diagnosis, or treatment. Any scientific references provided within the app are for informational purposes only and do not constitute medical recommendations. Consult a physician before starting a new breathing program, especially if you have or suspect:

  • Epilepsy or seizure disorders
  • Pregnancy
  • Cardiovascular disease (including arrhythmias or heart failure)
  • Uncontrolled high blood pressure (hypertension)
  • Recent stroke, heart attack, or TIA
  • Severe or uncontrolled asthma, COPD, or respiratory conditions
  • Panic disorder or severe anxiety disorders
  • Psychotic disorders or conditions involving dissociation
  • Glaucoma (elevated intraocular pressure)
  • Brain injuries or elevated intracranial pressure
  • Type 1 diabetes
  • Raynaud's syndrome or severe circulatory disorders
  • Severe sleep apnea
  • Use of CNS-affecting medications (benzodiazepines, opioids, anticonvulsants) — consult your prescribing physician

This list is not exhaustive. When in doubt, consult a qualified medical professional before beginning any breathing program.

In case of loss of consciousness or severe distress during practice, call emergency services immediately (EU: 112, US: 911). Never practice alone if you are attempting breath retention techniques exceeding 30 seconds.

4. Safety Instructions

When using the app, the following safety rules apply:

  • Never practice any breath retention technique (holding your breath for more than 10 seconds) while standing unsupported, in or near water, while driving, cycling, or operating any machinery or vehicle
  • Always practice seated or lying on a stable surface
  • Stop immediately if you experience discomfort, chest pain, or visual disturbances

Mild tingling in the hands or feet and slight lightheadedness are common responses to controlled breathing techniques. However, stop immediately if you experience: strong muscle cramping or spasms, numbness in face or limbs, chest tightness, heart palpitations, or loss of visual clarity. These may indicate excessive hyperventilation requiring medical attention.

Recommended safety setup on Apple Watch

  • Enable Fall Detection: Settings → Emergency SOS → Fall Detection
  • Set up Medical ID: Health app → Medical ID
  • Inform a trusted person before practicing breath retention techniques alone

Note: Settings paths may vary by watchOS version.

5. Minimum Age

The App is not intended for use by persons under the age of 16. By using the App, users confirm they meet this minimum age requirement.

6. In-App Purchases

CARLON offers optional in-app purchases:

CARLON is a one-time purchase. All features included at time of purchase remain unlocked for the lifetime of the product on the user's device. Major future expansions may be offered as separate optional in-app purchases.

The Apple Standard EULA applies supplementarily.

7. Custom Presets — User Responsibility

The Custom Preset Builder allows users to create individual breathing patterns. Users create and use Custom Presets at their own risk. The Provider cannot assess individual health conditions and makes no warranty regarding the suitability of user-created breathing exercises. Extreme configurations (e.g., breath retention exceeding 60 seconds, breathing rates above 30 breaths per minute) significantly increase syncope risk.

The App displays automatic safety notices when creating or starting Custom Presets that contain hyperventilation phases or breath retention exceeding 60 seconds. The user confirms this notice before starting.

8. Intellectual Property

All content of the app — including design, code, text, sound profiles, and the "Vitalkultur" and "CARLON" brands — is protected by copyright and trademark law. Users may not reverse-engineer, decompile, modify, redistribute, or resell the App or its content.

9. Limitation of Liability

9.1 Liability for injury to life, body, or health (§ 309 Nr. 7a BGB)

The Provider's liability for damages resulting from injury to life, body, or health is unlimited and applies in cases of both simple and gross negligence. This liability cannot be excluded or limited.

9.2 Liability for other damages (§ 309 Nr. 7b BGB)

For all other damages (including property damage and financial loss), the Provider is liable only in cases of:

  • Intent or gross negligence, or
  • Breach of material contractual obligations (cardinal duties), in which case liability is limited to typically foreseeable damages at the time of contract formation.

9.3 User's duty of care

The Provider is not liable for damages caused by the user's failure to observe the safety instructions in Section 4 or the medical disclaimer in Section 3, except where the Provider acted with intent or gross negligence.

9.4 Data loss

The Provider is not liable for the loss of locally stored data. Users are encouraged to use the JSON/CSV export function regularly.

9.5 Mandatory statutory provisions

The above limitations do not affect liability under mandatory statutory provisions, including the German Product Liability Act (Produkthaftungsgesetz).

10. Right of Withdrawal (EU Consumers)

As a consumer in the EU, you have a 14-day right of withdrawal pursuant to the EU Consumer Rights Directive (2011/83/EU). Refunds are processed through Apple's App Store.

By beginning to use the App immediately after purchase, you acknowledge that your right of withdrawal may expire early in accordance with Art. 16(m) of the Directive. Apple's purchase dialog documents this consent.

11. Usage Restrictions

Users may not:

  • Reverse-engineer, decompile, or disassemble the App
  • Redistribute, sublicense, or resell the App or its content
  • Use the App for purposes that violate applicable law
  • Interfere with the App's security features or integrity

12. Availability

The Provider does not guarantee uninterrupted availability of the App. Temporary unavailability may occur due to maintenance, updates, or circumstances beyond the Provider's control.

13. Changes to These Terms

The Provider reserves the right to amend these Terms. Users will be notified of material changes within the App. Continued use after notification constitutes acceptance of the updated Terms.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany. If you are a consumer within the EU, you also benefit from any mandatory provisions of the law of the country in which you reside. The courts of Rastatt, Germany have jurisdiction, unless mandatory consumer protection laws provide otherwise.

15. Dispute Resolution

The Provider is not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board (pursuant to § 36 VSBG).

16. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original commercial intent.

17. Contact

Jan Rohwedder · Vitalkultur (Einzelunternehmen)
Kapellenstraße 9, 76473 Iffezheim, Germany
jan@vitalkultur.com
vitalkultur.com

© 2026 Vitalkultur · Jan Rohwedder

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