Privacy

Last updated: 12.10.2024

Application Terms and Conditions of Use and Privacy Policy

1. Responsible for Apps
The Zenvibes application is developed and maintained by Roman Koch, a solo developer based in Germany. Roman is the sole owner and responsible for the management and operation of the APP. For any inquiries, users can reach out via email at support@zenvibes.app.

2. Object
The Zenvibes APP has been developed with the objective of providing users easy and convenient access to various types of content aimed at promoting well-being and personal growth. The content includes daily affirmations, motivational phrases, daily fortunes, mood tracking, and a lifestyle-focused tarot feature (hereinafter the “Content”).

3. Compatible Devices
The Zenvibes APP is currently available exclusively on the Apple App Store for iOS devices. Users must agree to comply with all applicable terms and conditions regarding obtaining, downloading, and updating the APP, as determined by the Apple App Store.

4. Start
Upon first launching the Zenvibes APP, users will have access to a Premium Trial Version, which provides full access to all premium features for a limited period (currently 5 days). This trial period allows users to explore all the content and functionalities of the APP at no cost. The length of this trial period may change based on promotional updates or future changes to the app.
Once the trial period ends, the APP will automatically switch to a Free Version with limited access to features and content. Users can continue using the Free Version or choose to subscribe to one of the available plans to retain premium access.

Subscription Plans Available:
• Monthly Subscription: Recurring monthly payments.
• Annual Subscription: A yearly plan offering a discounted rate.

Subscriptions can be purchased through the payment options offered by the Apple App Store, depending on the platform the user has chosen to download the APP.
All settings and configurations, including notification preferences, can be adjusted at any time through the settings panel available within the APP.
The terms of use for the Apple App Store can be accessed through the following link: [Apple App Store Terms of Service](https://www.apple.com/legal/internet-services/itunes/es/terms.html).

5. Method of Use
When starting the Zenvibes application, the user will be greeted by the Home Screen, where they can view their personalized daily fortune messages. Users can choose to read these messages or simply explore the other available features within the APP.

From the Home Screen, users can navigate to different sections of the APP:
• Affirmation Training: By pressing the corresponding button, users can begin their affirmation training session to reinforce positive thinking and self-improvement.
• Tarot Section: By pressing the dedicated button, users can access the lifestyle-focused tarot cards, where they can select a card for daily inspiration and reflection.
In the top right corner of the Home Screen, a person icon provides access to the Personal Area. This section allows users to:
• Modify personal settings, such as name, interests, and notification preferences.
• Adjust parameters like the duration of daily affirmation training and the timing of notifications.
• Manage their subscription plan, including viewing the status of their premium access or switching plans.
• Access the Terms of Use, Privacy Policy, and Help for additional information and support.

5.1 Categories
Through the Categories menu, users can specify and refine the type of content they want to receive. This section enables users to focus on specific themes like confidence, relaxation, or positive thinking.

The Categories section also allows users to:
• View content they have marked as favorites.
• Create and view their own custom content or affirmations, which can be integrated into their daily reminders.

6. Intellectual and Industrial Property Rights
The intellectual and industrial property rights over the Zenvibes APP are owned exclusively by Roman Koch, who holds the rights to exploit the APP in any form, including but not limited to reproduction, distribution, public communication, and transformation. Any third-party intellectual and industrial property rights over photographs, logos, symbols, or other content included in the APP have been authorized for reproduction, distribution, and public display within the application.

The user acknowledges that the following actions are prohibited and constitute an infringement of intellectual property rights:
• Reproduction, modification, distribution, commercialization, decompilation, or disassembly of the APP.
• Use of reverse engineering techniques or any other means to obtain the source code.
• Transformation, publication, or any unauthorized use of elements and features integrated within the APP’s development.

The user agrees not to engage in any of these activities or any other that might violate the intellectual property rights of Roman Koch.

6.1 User-Generated Content
The Zenvibes APP does not allow users to create or store their own content within the application. However, users have the ability to generate shareable images that incorporate affirmations or fortune messages provided by the APP. These images can be shared on social media platforms or saved to their personal device.
By using this feature, users acknowledge and agree that:

(i) The shareable images are intended solely for personal use and sharing through social media or personal storage, and users must not claim ownership or alter the content in a way that misrepresents the source.
(ii) The generated images are created using the content provided by Zenvibes, and therefore, the intellectual property rights of the core content (affirmations, fortunes, etc.) remain with Roman Koch.
(iii) Each generated image will include the Zenvibes app logo and name. If a background image used in the generated content belongs to an artist, it will also include the copyright attribution of that artist. It is strictly prohibited to remove, alter, or obscure these elements in any way.

Users are prohibited from using the generated content in any commercial manner or for any other purpose that would infringe on the intellectual property rights of Roman Koch or any third parties whose content is included in the APP.

7. Privacy Policy
In compliance with the provisions of applicable regulations on personal data protection, we inform you that any personal data provided by users through the Zenvibes app, whether by using the APP, contacting us via email, or through any other means of communication, will be processed by Roman Koch as the Data Controller.

7.1 What is Personal Data and What Data is Processed?
Personal data is any information that identifies or allows the identification of a natural person, such as name, gender identity, email address, phone number, location, or any other data related to a natural person, such as preferences and behavior.

Zenvibes may process the following types of personal data, depending on the app’s features and your usage:
• Name (optional)
• Gender Identity (optional)
• Mood (optional)

Additionally, the APP automatically collects certain information when you use or browse the APP. While this information does not reveal your specific identity, it may include device and usage data such as your IP address, device characteristics, operating system, language preferences, and technical information. This data is primarily needed to maintain the security and operation of the APP, as well as for internal analysis and reporting.

Types of Automatically Collected Information:
• Log and Usage Data: This includes service-related, diagnostic, and performance data that our servers automatically collect when you access the APP. 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, pages viewed, searches, and other actions taken).
• Device Data: Information about your mobile device, such as its identifier, model, manufacturer, operating system, browser type and version, hardware model, Internet service provider and/or mobile operator, and Internet protocol (IP) address (or proxy server).
• Location Data: We may collect information about the location of your device, which can be precise or approximate. This data depends on the type and configuration of the device you use to access the APP and may be collected using GPS, IP address, or other technologies. You can opt out of sharing this data by disabling location settings on your device.

Permissions for Mobile Devices:
• Access to Device Features: We may request access or permission to certain features of your mobile device, such as the camera, reminders, or social media accounts. You can modify these permissions at any time in your device settings.
• Push Notifications: We may ask to send you push notifications regarding your account or to remind you of specific features in the APP. You can disable these notifications at any time in your device settings.

This information is needed to maintain the security and operation of the APP, for troubleshooting, and for internal analysis and reporting purposes. Personal data will only be processed for legitimate purposes and in compliance with the applicable legal framework and obligations in this area.

7.2 Data Controller
Personal data will be processed by Roman Koch, the creator and developer of the Zenvibes app. For any inquiries regarding your personal data or to exercise your rights related to data protection, you can contact us at:

Email: support@zenvibes.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, using the appropriate methods, and in compliance with the specified legal bases and storage periods for each purpose.

7.3.1. Provision of the Requested Services
Zenvibes will process personal data of users who download and use the APP, as well as those who contact the support team through any communication channels, for the following purposes:
a) To provide and support the requested services, ensuring the correct delivery of content such as affirmations, fortunes, and personalized notifications.
b) Customer service support, responding to inquiries and resolving any issues through the provided communication channels.
c) Managing subscription services and payments, including handling invoices, collecting fees, or processing subscription changes and cancellations through the Apple App Store.
d) Conducting statistical analysis and internal research, which includes assessing the performance of the app and user engagement to improve the services.
e) Ensuring legal and regulatory compliance with respect to the correct use of the app and the provision of services, especially in relation to data protection and user rights.

For these purposes, Zenvibes will only process the data that is strictly necessary, such as name, gender identity, mood preferences, and device data, depending on the specific service or feature being used.
Retention Period: Personal data will be retained for the duration of the user’s interaction with the APP and the period necessary to fulfill the purpose of processing. Once the data is no longer required for these purposes, it will be securely deleted or anonymized in compliance with applicable regulations.
Legal Basis: The legal basis for this processing is the performance of the requested services and the contractual relationship established when the user consents to the terms of use and begins using the APP.

7.3.2. Legitimate Interest in Research, Information, and Service Improvement
Zenvibes may process personal data to analyze user behavior, preferences, and app usage patterns for the following purposes:

a) Research and development: Conducting statistical research to better understand user preferences, identify trends, and improve the quality of existing services. This analysis is intended to innovate and enhance future content offerings and ensure the app provides a valuable user experience.
b) Sending relevant updates and promotions: Occasionally, users may receive updates related to new features, promotions, or general improvements within the APP. These communications will only be sent through authorized channels (email or push notifications) based on the contact information provided.

Retention Period: Data will be stored only as long as necessary to fulfill these research and development purposes or until the user opts out of receiving communications.
Legal Basis: The legal basis for processing is legitimate interest in continuously improving the app’s services and providing information relevant to user preferences.
Users can choose to unsubscribe from promotional communications at any time by following the opt-out instructions provided in each communication.

7.3.3. Sending of Commercial Communications
If Zenvibes intends to send users commercial communications from third parties related to the app’s services, it will first obtain the user’s express consent. These communications may include special offers, partnership updates, or external services that align with the interests of the user.

Users who have given consent will receive these communications through email or other communication channels provided. At any time, users may withdraw their consent and stop receiving such communications by following the opt-out process outlined in the communications.
Retention Period: Personal data will be retained until the user revokes their consent.
Legal Basis: The legal basis for this processing is the user’s express consent.

To Whom Do We Provide Your Personal Data?

All user information will be treated with absolute confidentiality and safeguarded with appropriate security measures. Zenvibes will only share personal data with third parties in the following circumstances:
• Service Providers: Personal data may be shared with service providers, such as payment processors (e.g., Apple App Store) and technical support teams, to enable the delivery of services. These providers are bound by strict confidentiality agreements and data protection regulations.
• Legal Compliance: Zenvibes may disclose personal data to public administrations or other authorized entities to comply with legal obligations, such as tax regulations, user rights, or safety concerns.

In all cases, personal data will only be shared as strictly necessary and in compliance with legal obligations. Third parties that access personal data will have signed agreements ensuring data protection and confidentiality.

7.4 Minors
The Zenvibes APP is intended solely for adults. The APP is not designed or intended to collect information from individuals under the age of 18.
If it is discovered that a minor has used the APP or provided personal information without the explicit consent of a parent or guardian, Zenvibes will take immediate steps to delete the information and restrict access to the APP.
Users are encouraged to report any potential misuse by minors to support@zenvibes.app so that appropriate actions can be taken.

7.4 International Transfers
Zenvibes is available to users worldwide through the Apple App Store. As the app is developed and maintained by Roman Koch, who is based in Germany, the processing and storage of personal data may involve international transfers. When users interact with Zenvibes, they consent to the transfer of their personal data to countries outside their own, including but not limited to the United States and the European Union, where certain service providers are located.
We ensure that all such transfers are conducted with adequate guarantees to protect the security and privacy of the users’ data in compliance with data protection regulations applicable in the user’s country of residence. These measures include data processing agreements and technical safeguards that adhere to the relevant data protection frameworks.

International Data Transfers and Service Providers
Zenvibes works with third-party service providers to support the app’s functionality, store user data, and analyze performance. The following service providers may be involved in processing and transferring user data internationally:

1. Google Inc. (Google Cloud & Google Analytics) — United States
• Purpose: Cloud storage and analytics services.
• Legal Basis: Consent and legitimate interest for statistical analysis and service improvement.
• More Information: [Google Privacy Policy](https://policies.google.com/privacy).

2. Amazon Web Services (AWS) — United States
• Purpose: Backend and cloud infrastructure services.
• Legal Basis: Performance of contract and legitimate interest in secure service provision.
• More Information: [AWS Data Privacy FAQ](https://aws.amazon.com/compliance/data-privacy-faq/).

3. Apple Store — United States
• Purpose: App distribution, in-app purchases, and user support.
• Legal Basis: Contractual necessity.
• More Information: [Apple Store Terms of Service](https://developer.apple.com/terms/).

4. Mixpanel Inc. — United States
• Purpose: Analytics and user behavior tracking.
• Legal Basis: Consent for analytics purposes and legitimate interest in understanding user interactions.
• More Information: [Mixpanel Terms](https://mixpanel.com/terms/).

5. Notion Labs, Inc. — United States
• Purpose: User support and content organization.
• Legal Basis: Legitimate interest in structured support and content management.
• More Information: [Notion Privacy Policy](https://www.notion.so/terms).

Legal Basis for International Transfers
Zenvibes ensures that all international data transfers are compliant with relevant data protection regulations, such as the EU’s General Data Protection Regulation (GDPR) and similar frameworks. For transfers to countries that may not provide an adequate level of data protection, Zenvibes will rely on mechanisms such as Standard Contractual Clauses (SCCs), binding corporate rules, or the user’s explicit consent, as appropriate.

Your Consent to International Data Transfers
By accepting our Terms and Conditions and Privacy Policy, you consent to your personal data being transferred, stored, and processed by our service providers as outlined above. This includes acknowledging the risks involved in such transfers and accepting that your data may be subject to different data protection standards depending on the country in which it is processed.
We will always implement safeguards to ensure that your personal information is handled securely and in accordance with this Privacy Policy, regardless of where it is transferred.

7.5 Exercise of Rights
Zenvibes informs all users that, as data subjects, they have the following rights regarding their personal data, as provided by the applicable data protection regulations:
• Right of Access: Users have the right to obtain confirmation as to whether or not Zenvibes is processing their personal data. If so, users are entitled to access their personal data and receive information about the purposes of the processing, the categories of data being processed, and any recipients of their data.
• Right of Rectification: Users have the right to request the correction of any inaccurate or incomplete personal data. This allows users to ensure that the information being processed is accurate and up-to-date.
• Right of Deletion (Right to be Forgotten): Users have the right to request the deletion of their personal data when:
• The data is no longer necessary for the purposes for which it was collected.
• The user withdraws consent (where consent is the legal basis for processing).
• The user objects to the processing, and there are no overriding legitimate grounds for continuing the processing.
• The data has been unlawfully processed.
• There is a legal obligation to erase the data.

However, Zenvibes may retain certain data when legally required or if there are legitimate grounds to continue processing, such as compliance with legal obligations or the defense of legal claims.
• Right to Restrict Processing: Users have the right to request the limitation of processing in the following cases:
• When the accuracy of the personal data is contested by the user, for a period allowing the data controller to verify the accuracy.
• When the processing is unlawful, and the user opposes the deletion of the data and requests restriction instead.
• When the user needs the data for the establishment, exercise, or defense of legal claims.
• When the user has objected to the processing pending verification of whether the legitimate grounds of Zenvibes override those of the user.
• Right to Object: Users have the right to object to the processing of their personal data for reasons related to their particular situation. Zenvibes will stop processing the data unless there are compelling legitimate grounds for the processing or if it is necessary for the establishment, exercise, or defense of legal claims.
• Right to Data Portability: Users have the right to receive their personal data in a structured, commonly used, and machine-readable format. This allows the user to transfer the data to another data controller. Where technically feasible, users may also request that the data be transferred directly to the new data controller.
• Right to Withdraw Consent: Where processing is based on the user’s consent, the user has the right to withdraw that consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

Exercising Your Rights:
Users can exercise their rights of access, rectification, deletion, restriction of processing, objection, data portability, and withdrawal of consent by sending a written request to the following email address: support@zenvibes.app. The request should include:
1. A clear statement indicating which rights the user wishes to exercise.
2. The user’s identification details (full name and a copy of an official identification document, such as a passport or ID card).
3. Contact details (email or phone number) for further communication.
Once a request is received, Zenvibes will respond within the legally established timeframe, typically within one month, unless the complexity of the request requires an extension.

7.6 Data Protection Officer and Complaints to Supervisory Authorities
If users have any questions or concerns about how their personal data is processed or if they wish to exercise their rights, they can contact the Data Protection Officer (DPO) at support@zenvibes.app.
If users believe that their rights have been violated or that their data has been processed unlawfully, they also have the right to file a complaint with the data protection authority in their country of residence.

7.7 Security
Zenvibes takes the protection of personal data seriously and has implemented appropriate technical and organizational security measures to safeguard the data from unauthorized access, loss, or misuse. These measures are based on the state of technology, the nature of the data, and the potential risks involved.
All data transfers, whether to third-party cloud servers or internally within Zenvibes, are carried out using secure methods such as encrypted connections through HTTPS (Hypertext Transfer Protocol Secure). This ensures that data cannot be intercepted or altered during transmission.

7.8 Transfer of Third-Party Data
If a user provides Zenvibes with personal data of third parties (e.g., sharing a generated image that includes a third-party name or reference), the user must have obtained prior consent from those individuals to share their data. By providing such data, the user represents and warrants that the necessary consent has been obtained. Zenvibes will process this data in accordance with the same level of security and privacy outlined in this policy.

7.9 Changes to the Privacy Policy
Zenvibes reserves the right to update this Privacy Policy at any time. An updated version of the policy will always be available in the APP, and if any changes affect the purposes of processing or introduce new conditions, Zenvibes will notify users through the provided contact methods.
Users are encouraged to review this policy periodically to stay informed about how Zenvibes is protecting their information.

8. Responsibility

Zenvibes aims to provide its services with the highest possible quality and ensure a smooth user experience. However, Roman Koch disclaims any liability for disruptions, errors, or damages arising from system failures, malware infections, viruses, external interference, disconnections, or malfunctioning of the APP beyond his reasonable control.

8.1 Service Interruptions and Technical Issues
Zenvibes is not liable for damages caused by technical issues, such as:
• Interruptions, errors, or malfunctions due to unforeseen technical problems or maintenance.
• Interference or disconnections resulting from network issues, telecommunications failures, or server downtimes.
• Any impact from system vulnerabilities or attacks that may result in temporary unavailability of the APP.

Users are encouraged to adopt appropriate security measures, such as up-to-date antivirus software, to protect their devices and data when using the APP. Zenvibes cannot guarantee the absence of viruses, malware, or other harmful elements and, therefore, users must assume responsibility for safeguarding their own systems.

8.2 Third-Party Actions and Misuse of the APP
Zenvibes disclaims any responsibility for damages resulting from:
• Illegitimate actions by third parties, such as hacking, unauthorized access, or manipulation of the APP.
• Improper or inappropriate use of the APP by users, including any activity that violates the Terms and Conditions, Privacy Policy, or applicable laws and regulations.
• Actions or negligence that are outside of Roman Koch’s control and may directly or indirectly affect the servers, network, or devices of the user or third parties.

Users agree to indemnify and hold Roman Koch and Zenvibes, including its affiliates, officers, and employees, harmless from any claim, demand, or legal action (including reasonable attorneys’ fees) arising out of:
1. Improper or unauthorized use of the APP and its services.
2. Violation of the Terms and Conditions or Privacy Policy.
3. Violation of any law or regulation by the user.

8.3 Force Majeure and External Factors
Zenvibes is not responsible for interruptions in service caused by external factors such as:
• Natural disasters, strikes, or other events considered as force majeure.
• Lack of updates or temporary restrictions imposed by third-party platforms (e.g., Apple App Store).
• Circumstances beyond the control of Zenvibes, such as regulatory changes or network-wide issues.
If necessary, Zenvibes may temporarily suspend access to the APP for security reasons or to restructure and improve IT resources, with the goal of enhancing the overall user experience. These suspensions will be communicated to users, if feasible, through appropriate channels.

8.4 Responsibility for User Experience
The use of the Zenvibes APP is solely at the user’s own risk. Users must ensure that they use the APP in accordance with the Terms and Conditions, Privacy Policy, Cookies Policy, and any other applicable agreements or guidelines.
Zenvibes provides users with content and features based on the configurations and preferences set by the user. The user is solely responsible for using the content in a safe, lawful, and appropriate manner. Any misuse of the content, such as altering, misrepresenting, or using it for unintended purposes, is the sole responsibility of the user.
If the user is dissatisfied with the use of the APP, its contents, or services, or disagrees with any part of these Terms and Conditions, the Privacy Policy, or Cookies Policy, the user’s sole and exclusive remedy is to cease using the APP and its associated services.

9. Nullity and Ineffectiveness of the Clauses
If any clause included in these General Conditions, Privacy Policy, Cookies Policy, or, where applicable, the Terms and Conditions of Contract, is declared wholly or partially null and void or ineffective, such nullity or ineffectiveness shall apply only to that specific provision or the part thereof that is declared invalid. The remainder of the document shall continue in full force and effect. The provision or the part thereof that is deemed null or ineffective will be considered excluded without affecting the validity and enforceability of the remaining provisions.

10. Applicable Law and Jurisdiction
For any questions, disagreements, or legal conflicts that may arise in connection with the use of the Zenvibes APP, its content, or the services provided, the applicable law and jurisdiction will depend on the user’s status and country of residence:
• For Professional Users and Entities: All parties agree to submit to the laws and jurisdiction of the Federal Republic of Germany.
• For Individual Users: Any disputes will be governed in accordance with the applicable law and jurisdiction of the user’s country of residence.
Specifically, for users residing in the European Union, and in the event of a legal dispute concerning consumer rights, the user may refer to the online dispute resolution platform provided by the European Commission, which is available at the following link: [European Online Dispute Resolution Platform](http://ec.europa.eu/consumers/odr/).

If users have any questions, incidents, or concerns regarding the Zenvibes APP or its associated services, they can reach out to us at support@zenvibes.app