These Terms and Conditions regulate the download, access and use of the different mobile applications (hereinafter, the "APPS"), which Neetch owns and which are available to users free of charge on Google Play (Android) and Apple Store (IOS) .
The user acquires this condition by downloading and using the application of his/her choice. By accessing the application(s), the user acknowledges having accepted and consented unreservedly to these terms of use and privacy policy.
1. Responsible for Apps
Neetch SAS, (hereinafter Neetch) with registered office at 21 rue Saint-Sébastien 75011 PARIS and email: hello@balms.app is the owner and responsible for the APP.
2. Object
The APP has been developed with the aim of providing users with a micro-journaling experience that connects their daily reflections with curated passages from great literary works. Through their mobile devices, users can record what is on their mind and receive a resonant excerpt from the classics that matches their current state of mind (hereinafter the "content").
3. Compatible Devices
All applications are available for free on Google Play (Android) and Apple Store (IOS), the user acknowledges and agrees to comply with all applicable terms and conditions regarding obtaining, downloading and updating the APP that the referred application shops respectively determine.
4. Start
When starting any of the APP for the first time, the user will be asked to answer, optionally, some questions related to general data linked to the application he/she has chosen.
Users are also allowed to configure how often and how much they want to receive reminders of their chosen content on their mobile device.
All this information can then be modified at any time and at the user's choice through the corresponding configuration panel available in each of the APP.
Once the basic questions have been completed, the user has a free version with limited content, which can be used to test the applications to see if they are suitable for what they want. In order to enjoy all the content of the selected application, the user must subscribe to the Premium version through the various payment plans available (monthly, annual or lifetime), which can be paid through the different payment options offered by GOOGLE PLAY STORE or APPLE STORE depending on the application shop that the user has chosen to download the application.
5. Method of Use
When opening the APP, the user accesses a journaling screen where they can write a short reflection about their current state of mind. Based on this entry, the app surfaces a carefully selected passage from classic literature that resonates with the user's mood or thoughts. Users can save passages to their personal library and share them.
5.1 General Settings
Through the settings panel, users can manage their profile, adjust preferences such as language and notification frequency, and manage their current subscription. They can also access the terms of use, privacy policy, and frequently asked questions.
5.2 Library
Users can access their personal library, where all saved literary passages — their "balms" — are collected. This private apothecary allows users to revisit the books and excerpts that have moved them over time.
5.3 Notifications
Users can configure how often they wish to receive journaling prompts or reminders on their mobile device. These notifications can be enabled or disabled at any time through the app settings or the device's notification preferences.
6. Intellectual and Industrial Property Rights
The intellectual and industrial property rights over the APP are owned by Neetch SAS, which has exclusive rights to exploit them in any form and, in particular, the rights of reproduction, distribution, public communication and transformation. The third party holders of intellectual and industrial property rights over photographs, logos, and any other symbols or contents included in the APP have granted the corresponding authorisations for their reproduction, distribution and making available to the public. The user acknowledges that the reproduction, modification, distribution, commercialisation, decompilation, disassembly, use of reverse engineering techniques or any other means to obtain the source code, transformation or publication of any unauthorised reference test results of any of the elements and utilities integrated within the development constitutes an infringement of the intellectual property rights of Neetch SAS, and consequently undertakes not to carry out any of the aforementioned actions.
The APP may also include literary works and other content that are in the public domain. Such content is not subject to copyright protection and is used in accordance with applicable law.
6.1 User Content
Through the APP, users can create and share their own motivational phrases, daily affirmations, jokes, vocabulary, curiosities and other information of general interest (hereinafter "user content").
In that sense, users are made aware that they are responsible for the user content they publish on or through the APP, including its legality, reliability and appropriateness.
By posting user content on or through the APP, the user represents and warrants that:
- the User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and licence under these Terms, and
- that the posting of user content on or through the APP does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of any person who infringes copyright.
You retain any and all of your rights in any User Content you submit, post or display on or through our APP and you are responsible for protecting those rights. We assume no responsibility or liability for any User Content that you or any third party posts on or through the APP. However, by posting user content through the APP, users grant Neetch the right and license to use, modify, publicly perform, publicly display, reproduce and distribute such user content on and through the APP. You further agree that this license includes the right for us to make your User Content available to other users of the APP, who may also use your User Content subject to these Terms.
7. Privacy Policy
In compliance with the provisions of the applicable regulations on personal data protection, we inform you that the personal data that our APP users may provide us with, either through the use of the APP, or by sending an email to the address provided for this purpose or by any other means of communication, will be processed by Neetch as Data Controller.
7.1 What Is Personal Data and What Data Are Processed?
Personal data is any information that identifies or allows the identification of a natural person, such as name, surname, image, voice, postal address, e-mail address, telephone number, official identity documents (NIF, DNI, Passport), etc. and/or that is related to a natural person, such as their conditions, current account, tastes, preferences, habits and behaviour, the products or services that they will contract, etc.
All personal data will be processed:
- Provided by the data subject himself/herself and/or a legitimised person by any means of communication either through the APP, by means of forms and/or e-mails, or the contracting of the services offered in the APP.
- Those obtained by carrying out the activities and/or actions deriving from the above actions.
- Those obtained through the study and research of the above data.
Neetch will process the data necessary to fulfil the purposes of processing and which will be requested from time to time depending on the specific case and the selected application, such as: Name (optional), Gender identity (optional), Mood (optional).
We also inform you that we automatically collect certain information when you visit, use or browse the APP. This information does not reveal your specific identity (such as your name or contact information), but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URL, device name, country, location, information about how and when you use our APP and other technical information.
The information we collect includes:
Log and usage data. Log and usage data is service-related, diagnostic, usage and performance information that our servers automatically collect when you access or use our APP and that we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings, and information about your activity on the APP (such as date/time stamps associated with your usage, pages and files viewed, searches and other actions you take, such as the features you use), information about device events (such as system activity, error reports (sometimes called "crash dumps") and hardware configuration).
Device data. We collect device data, such as information about your computer, phone, tablet or other device you use to access the APP. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and APP identification numbers, location, browser type, Internet service provider and/or mobile operator hardware model, operating system and system configuration information.
Location data. We collect location data, such as information about the location of your device, which may be accurate or inaccurate. You may opt out of allowing us to collect this information by denying access to the information or disabling the location settings on your device.
If you use our APP, we also collect the following information:
Access to your mobile device. We may request access or permission to certain features of your mobile device, such as the camera, reminders, social media accounts and other features. If you wish to change our access or permissions, you can do so in your device settings.
Mobile Device Data. We automatically collect device information (such as your mobile device identifier, model and manufacturer), operating system, system version and configuration information, device and APP identification numbers, browser type and version, hardware model, internet service provider and/or mobile operator, and internet protocol (IP) address (or proxy server).
Push notifications. We may ask you to send push notifications regarding your account or certain features of the APP. If you do not wish to receive such communications, you can disable them in your device settings.
Neetch will process the personal data of all users only for those processing operations for which there is a valid legal basis and in compliance at all times with the duty to inform the user and other essential obligations in this area.
7.2 Data Controller
Neetch SAS, 21 rue Saint-Sébastien 75011 PARIS. Email: hello@balms.app.
7.3 Purposes, Method, Legal Basis for Processing Personal Data and Storage Periods
Personal data will be processed in accordance with the purposes described below and in accordance with the manner, legal basis and retention period described for each purpose.
Provision of the requested services. Neetch will process the personal data of those users who download and use the APP and those who request information through the means available for this purpose for the following purposes:
- To answer and/or provide that activity and/or service, as well as to maintain the professional and/or contractual relationship that, where appropriate, is established.
- Customer service by any of the means of communication provided for this purpose.
- Manage the invoicing, collection or claiming of contracted services.
- Carrying out statistics, studies and research aimed at evaluating the services contracted and responding to users.
- Maintain the correct provision of the service and/or comply with any obligation or regulation related to the contracting of the contracted service.
We will retain your personal data for no longer than is necessary to maintain the purpose of the processing, i.e. for the duration of the contractual relationship for the use of the APP, and when it is no longer required for that purpose, it will be deleted with appropriate security measures to ensure its anonymisation or complete destruction. The legal basis for such processing shall be the performance of the services contracted/requested.
Legitimate interest in research, information and improvement of services. Neetch will process the personal data provided by users for the following purposes:
- To carry out scientific and statistical research work with the study of the preferences, tastes and/or habits of users in order to innovate and improve future services and/or content.
- Send you information, promotions and/or activities of Neetch related to the services provided through the communication channels (email, postal address) provided.
At any time, users who do not wish to continue receiving such communications may unsubscribe by following the process indicated in each communication.
Sending of information and commercial communications. In the event that Neetch wishes to send commercial communications from third parties related to the contracted services, it will inform and obtain the prior consent of the users. The legitimate basis for the processing shall be the express consent given for it.
To whom do we provide your personal data? All user information will be treated with absolute confidentiality and maintaining all the necessary security measures to safeguard it. Neetch will only transfer your personal data to the companies strictly necessary to comply with the contracting of products and/or services. Your personal data will also be communicated to Public Administrations and other private entities in order to comply with the legal obligations to which Neetch is subject.
7.4 Minors
The services of the APP are intended for adults. Neetch will not be responsible for the use of the APP by a minor, being the download and use of the APP the sole responsibility of the user.
Neetch does not deliberately collect information from minors without the express written authorization of the parents and/or guardians of minors. If Neetch detects that a minor is using any of the APP, it will proceed to cancel the information sent and will communicate it to the competent authority or organism.
7.5 Exercise of Rights
Neetch informs personal data subjects that they have the following rights:
- Access: obtain information on whether Neetch is processing personal data concerning you and, if so, the right to obtain information on that data.
- Rectification: correct errors and modify data that prove to be inaccurate or incomplete.
- Deletion: have personal data deleted and no longer processed by Neetch, unless there is a legal obligation to keep it.
- Limitation: request that Neetch limit the processing of the data while accuracy or legitimacy is being verified.
- Opposition: object to the processing of their data in certain circumstances. Neetch will cease to process the data, except for overriding legitimate reasons or the exercise or defence of possible claims.
- Portability: receive personal data in a structured, commonly used and machine-readable format and/or have them transmitted directly to another controller.
To exercise any of these rights, send a written communication with a copy of your ID to: hello@balms.app.
7.6 Data Protection Officer and Complaint to a Supervisory Authority
For any information or questions, please contact Neetch at hello@balms.app.
In the event of any complaint, you can also turn to the data protection supervisory authority in your country of residence.
7.8 Security
Neetch undertakes to adopt the technical and organisational security measures established by regulation to guarantee the security of the user's personal data and prevent its alteration, loss, unauthorised processing or access.
All transfers of information that APP carries out with its own or third-party cloud servers are carried out in an encrypted and secure manner through HTTPS, which also guarantees that the information cannot be intercepted.
7.9 Transfer of Data of Third Parties to Neetch
In case of providing Neetch with personal data of third parties necessary for the provision of services, the user declares that he/she has previously obtained their express consent to transfer them to Neetch.
7.10 Changes to the Privacy Policy
Neetch may update this Privacy Policy at any time. An updated version will always be available on the APP. If these changes affect purposes not foreseen in this Privacy Policy, we will inform you sufficiently in advance so that you can exercise the rights you deem appropriate.
8. Responsibility
Neetch will at all times try to provide the services with the highest possible quality. Notwithstanding the foregoing, Neetch disclaims any liability and/or assumption of damages arising from failures, interruptions or damages caused by system failures, malware viruses, interference or disconnections or malfunctioning of the service.
Neetch declines any responsibility derived from the illegitimate action of third parties or from the use of the APP in an improper or inadequate way by the users.
You agree to indemnify and hold Neetch, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your improper or impermissible use of the APP and/or the services offered, or your violation of these Terms and Conditions and/or Privacy Policy.
Neetch is not responsible for interruptions of the APP due to force majeure or circumstances beyond its control, and may interrupt access temporarily for security measures or IT restructuring.
If the user is dissatisfied with the use of the APP, its contents or services, the user's sole and exclusive remedy shall be to cease accessing the APP and/or using its services.
9. Nullity and Ineffectiveness of the Clauses
If any clause included in these Terms and Conditions is declared totally or partially null and void or ineffective, such nullity or ineffectiveness shall only affect that provision or the part thereof that is null or ineffective. The remaining Terms and Conditions shall remain in force in all other respects.
10. Applicable Law and Jurisdiction
These Terms and Conditions are governed by French law. Neetch SAS is domiciled in France and subject to its applicable regulations.
Any dispute arising out of or in connection with the APP, its contents or services shall be submitted to the exclusive jurisdiction of the competent courts of Paris, France, unless mandatory consumer protection laws in the USER's country of residence provide otherwise.
In the case of USERS resident in the European Union, and in the case of a legal dispute in consumer matters, in accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides an online dispute resolution platform which is available at the following link: http://ec.europa.eu/consumers/odr/.
For any communication regarding the APP, incidents or queries, please contact us at hello@balms.app.