1. Personal data and information we collect from you
Personal data you provide to us
When you sign up to use the App, we may collect Personal Data about you such as:
Information we collect automatically
We may use third-party tools like Appsflyer, Google Firebase, Amplitude and Facebook SDK that provide us some of your attribution data that we further utilize to customize and personalize the App for you. We may also use such data for statistical purposes and analytics.
II. PERSONAL DATA YOU PROVIDE TO US THROUGH THE ACCOUNT CREATION PROCESS INCLUDES PERSONAL DATA YOU ENTER INTO THE APP, SUCH AS YOUR ACCOUNT DATA, AND YOUR MENTAL HEALTH DATA .
2. How we use your personal data and information
We may use your information, including your Personal Data, for the following purposes and in accordance with the indicated legal bases (as defined in the GDPR):
No sale of Personal Data.
3. Your rights
Modification, correction and erasure.
You are able to modify, correct, erase, and update your Personal Data by writing us at email@example.com. Please be aware that erasing some Personal Data inserted by you may affect your possibility to utilize the App and its features. Erasure of some Personal Data may also take some time due to technical reasons.
Right to object to processing of your Personal Data.
You can object to the processing your Personal Data in case you believe that the processing is illegal or that the legitimate interest of the Company is invalid in some particular situation. In such a case you may simply write to us at firstname.lastname@example.org. Please be aware that some objections to processing also imply erasure of your Personal Data, which may affect your possibility to use the App and its features. Please note that the Company still has the right to decline your request in case the legitimate interest of the Company for such processing remains valid.
How to exercise your privacy rights.
Сontact us at email@example.com to exercise any of your privacy rights.
We will exercise them within 30 days after receipt. It may take us up to 60 days in some cases, for example for full erasure of your Personal Data stored in our backup systems. We will let you know if we need more time and explain the reasons for the delay.
4. Sharing your personal data and information
A. Personal Data we share with third parties.
We may share some of your Personal Data with AppsFlyer, a mobile marketing platform. By using AppsFlyer and its integrated partners we are able to reach more people like you and spread the word about the App to help more people to stay in control with their mental health.
At the same time, AppsFlyer sends your data to some of its integrated partners (e.g. Pinterest, Google Ads, Apple Search Ads, Facebook/Meta marketing network, and a couple of others) to find people like you on different platforms, including social media websites. These integrated partners analyze your data (so-called "custom audience") and show relevant information about the App to people who might be potentially interested in it (so-called "lookalike audience").
You become a Voice App user and opt-in for sharing Personal data, strictly limited to the following set:
B. Aggregated Information.
We may share aggregated, anonymized or de-identified information, which cannot reasonably be used to identify you, including with our partners or research institutions.
C. Special Circumstances.
D. Processing to make the App run.
We engage processors that perform particular operations with your Personal Data for us.
Processors are companies that help us run the App, support our communication with you or perform other App-related activities. They may process certain Personal Data on our behalf to accomplish the goals related to the App functions and associated activities. Processors act only in accordance with our instructions and process only such amount of Personal Data as we instruct them to process.
5. Retention of your personal data
You should be aware that we may retain certain Personal Data and other information after your account has been terminated in an aggregated, anonymized form. Any posts or comments you submit may remain visible if and after you delete your account. We are not obligated to remove your posts or comments. We reserve the right to use your information in any aggregated data collection after you have terminated your account, however we will ensure that the use of such information will not identify you personally. We will also retain your Personal Data as necessary to comply with legal obligations, resolve disputes and enforce our agreements.
If you remove data from your account, you will no longer see it in the App, but some backups of the data may remain in our archive servers for a reasonable period of time due to technical solutions we use. However, we undertake to delete any such backups within a reasonable period of time.
If you choose to delete the App, deactivate your account, we retain your Personal data for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Services. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal characteristics about you.
6. Personal data you elect to share with third parties
We take reasonable steps in order to ensure compliance of such third parties with any applicable laws that might govern processing of your Personal Data.
We take all reasonable and appropriate measures to protect all collected Personal Data from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the nature of the Personal Data that we process and risks associated with special categories of Personal Data we collect (information about health). Among others, we utilize the following information security measures to protect your Personal Data:
8. Children's privacy
The App is not intended for children and we do not intentionally collect information about children under 18 years old.
9. Third party links
10. Privacy of payments
To process payments for particular features and functions of the App we may engage third-party payment providers.
For example, we use Apple for processing of payments in connection with our subscriptions offered on App Store. Please note that we never collect and we are not responsible for the collection or security of banking, financial, and payment information. Such information is processed and stored by Apple only. Apple can be contacted through their website: https://apple.com.
11. Email Communications
If the you consent to the email communications, we may contact you from time to time via email to communicate with you about products, services, offers, promotions, rewards, and events offered by us and others, and provide news and information that we think will be of interest to you. You can always opt out of receiving emails by unsubscribing via the "Unsubscribe" link contained in the email. Opting-out of these emails will not end transmission of important service-related emails that are necessary to your use of the App. If applicable laws prescribe so, certain exclusions may apply to the residents of some countries regarding an active opt-in for any email communications from us. We may ask such users to provide their consent for any such communications at the registration screen.
In order to provide communication services, we may engage third-party service providers to carry out such newsletter services, surveys or notifications campaigns.
12. Contact us
1. Acceptance of terms
Please read this Agreement carefully. By creating an account or accessing or using the App, you acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP.
We may modify this Agreement from time to time. We will notify you by email, through the App, or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. Your continued use of the App after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.
2. Medical services disclaimer
THE COMPANY IS NOT LICENSED TO PROVIDE PSYCHOLOGICAL, PSYCHIATRIC OR ANY OTHER MEDICAL SERVICES. IT IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CONTROL OF MENTAL OR ANY OTHER ILLNESSES OR CONDITIONS.
NOTHING STATED, POSTED OR MADE AVAILABLE THROUGH VOICE APP IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY OR THE HEALTH AND SAFETY OF YOUR FAMILY MEMBERS OR YOUR FETUS, CONSULT A LICENSED DOCTOR OR ANY OTHER QUALIFIED HEALTHCARE PROFESSIONAL. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING THAT YOU HAVE READ, SEEN OR HEARD ON OUR APP.
DO NOT USE THE APP IF:
IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING YOUR HEALTH OR WELL-BEING OR IF YOU NOTICE ANY CHANGE IN YOUR HEALTH CONDITION, CONSULT A HEALTHCARE PROFESSIONAL. IF YOU EXPERIENCE MEDICAL EMERGENCY, CALL YOUR COUNTRY'S EMERGENCY SERVICES IMMEDIATELY.
3. Registration and eligibility
To create an Account and access the App, you must be at least 18 years old and not barred from using the App under applicable law.
4. Your use of the App
As a condition of using the App, you agree not to use the App for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the App and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes.
You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:
Any such forbidden use shall immediately terminate your license to use the App.
5. Children's privacy
You should be aware that this App is not intended or designed to attract children under the age of 18.
6. Limited license to the App
We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the App for personal and non-commercial purposes in accordance with the terms of this Agreement.
All rights, title, and interest in and to the App not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company's software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to firstname.lastname@example.org.
7. License to User Content
The App enables you to input reviews and log certain information into the App ("User Content"). You retain all rights to such User Content that you post, share or log in the App.
The Company reserves the right to review all User Content prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
8. Use at your own risk
Our goal is to help make certain health-related information more readily available and useful to you, however, the App cannot and does not guarantee health-related improvements or outcomes. Your use of the App and any information, predictions, or suggestions provided in the App are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the App and you agree and understand that the App is not intended to match or serve the same purpose as a medical or scientific device.
9. Subscriptions and purchases
The mobile application offers subscriptions that grant you access to the App's features and content. Some of our subscriptions include a free trial period, where you can experience the mobile application at no cost. Subscription with the free trial period will automatically renew to a paid subscription once your free trial expires. If you decide to unsubscribe from a paid subscription before we start charging your payment method, cancel the subscription not later than 24 hours before the free trial ends.
We offer monthly, annual and lifetime subscription options. Payment will be charged to your credit/debit card through your iTunes Account or Google Play account after you choose one of our subscriptions and confirm your purchase. Paid subscription (except for lifetime subscriptions) automatically renew, unless auto-renew is turned off, until cancelled in the Manage Subscriptions section of your account settings. We will notify you if the price of subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest paid subscription period.
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Voice regarding future functionality or features.
All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
10. Account security
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your App's account. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitory, and control access to and use of your App account; (3) promptly inform the Company if you believe your account has been compromised or if there is any other reason you need to deactivate your account. Send us an email at email@example.com. You grant the Company and all other persons or entities involved in the operation of the App the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the App. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the App.
11. Warranty disclaimer
The Company controls and operates the App from various locations and makes no representation that the App is appropriate or available for use in all locations. The App or certain features of it may not be available in your location or may vary across locations.
THE APP IS PROVIDED "AS IS", "AS AVAILABLE" AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE APP IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Limitation of liability
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS APP. IN NO EVENT WILL THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE APP OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY, OR ANY THIRD PARTIES MENTIONED ON THE APP ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APP.
13. Use of mobile devices
Please note that your carrier's normal rates and fees, such as text messaging and data charges, will still apply if you are using the App on a mobile device.
14. Third Party Services
The App may give you access to links to third-party websites, apps, or other products or services ("Third Party Services"). The Company does not control Third Party Services in any manner and, accordingly, does not assume any liability associated with such Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, and to protect your personal information and privacy in using any such Third Party Services.
15. Your feedback
We welcome your feedback about the App. Unless otherwise expressly declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such contents at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.
16. Enforcement rights
We are not obligated to monitor access or use of the App, however, we reserve the right to do so for purposes of operating and maintaining the App, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to the App or access to App at any time and without notice, and at our sole discretion, if we determine in our sole discretion that your content or use of the App is objectionable or in violation this Agreement.
The Company has no liability or responsibility to users of the App or any other person or entity for performance or nonperformance of the aforementioned activities.
17. Changes to the App
From time to time and without prior notice to you, we may change, expand and improve the App. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App. Any modification or elimination of the App or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
Any dispute arising from this Agreement shall be governed by the laws of the Kazakhstan without regard to its conflict of law provisions. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN KAZAKHSTAN.
Upon termination, all provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
All claims between the parties related to this Agreement will be litigated individually and the parties will not consolidate or seek class treatment for any claim, unless previously agreed to in writing by the parties.
We may refuse service, close Accounts, and change eligibility requirements at any time.
20. Questions and comments
All questions, inquiries and complaints regarding the use, the inability to use Voice App, and possible violations of law and/or third party rights, must be sent to firstname.lastname@example.org.