Application Terms and Conditions of Use

These Terms govern the download, access and use of the Your daily boost of Motivation mobile Application (hereinafter referred to as the “Application”), owned by Flagma Inc, 80 Atlantic Avenue, Unit 400, M6K 1X9, Toronto, Canada (hereinafter referred to as Flagma Inc). This Application is available to Users free of charge on Google Play (Android) and Application Store (iOS).

Downloading and using the Application constitutes automatic consent to these Terms and Conditions, as well.

1. Responsible person for the Application

Flagma Inc, 80 Atlantic Avenue, Unit 400, M6K 1X9, Toronto, Canada is the owner and responsible for the Application.

2. Object

The Application was designed to motivate, inspire and encourage its Users (hereinafter referred to as "content").

3. Age restriction

This Application is intended for people over 18 years of age. By downloading the Application, the user confirms that the user is over 18 years of age

4. Compatible devices

The Application is available for free on Google Play (Android) and Application Store (iOS). By downloading the Application, the User agrees to the binding force of the terms for downloading and updating the Application, which are determined by these Terms and the Rules of the Application stores.

5. How to start

When the Application is first launched, the User can answer general questions related to the Application. These answers are very important for the owner of the Application.

Users can customize the frequency of receiving reminders about the selected content on their mobile device.

All this information can be changed at the User’s discretion at any time through the configuration panel.

After the User answers the basic questions, he will get access to the free version with limited capabilities. The free version will help the User to get acquainted with the content and understand whether it contains what the User needs. To get access to the full version of the Application, the User must purchase the Premium version, having previously selected a tariff plan (monthly, annually or lifetime).The Premium version can be paid for in the same store from which the User downloaded the Application (GOOGLE PLAY STORE or APPLICATION STORE). The terms of use of these Application stores are available on the following websites:
Google Play Store (https://play.google.com/intl/en_en/about/play-terms/index.html);
Application Store (https://www.apple.com/legal/internet-services/itunes/ww/).

6. How of use

When the User launches the Application, he/she gets access to the main screen. On the main screen, the User can choose what content the User wants to see.

The User can save the content and/or share it and|or add to the Favorites. In addition, according to the settings that the User selects, the Application sends reminders and notifications to the User.

6.1. General settings

If the User wants to change the data entered when launching the Application during the process of using the Application, the User can do this at any time on the main screen using the icon located in the lower right corner.

The User can also change any settings in the relevant sections of the Application. This may include, but is not limited to, the type of content, language, sounds, themes.

The User can also manage the current subscription, as well as access the terms of use, privacy policy.

6.2. Categories

If the User wants to change the content that the User wants to see, this can be done through the Categories menu.

6.3. Themes

The User can customize the visual Applicationlicationearance of the Application. The User can choose colors, fonts, background, etc. The User can do this in the Themes menu, which is located in the lower right corner of the main screen

7. Intellectual and industrial property rights

The intellectual and industrial property rights to the Application belong to Flagma Inc, which has exclusive rights to use them in any form and, in particular, the rights to reproduce, distribute, publicly communicate and transform. All necessary permissions for use in the Application have been obtained for any images, including but not limited to logos and photographs, not developed by Flagma Inc independently. The User acknowledges that reproduction, modification, distribution, commercialization, decompilation, disassembly, use of reverse engineering methods or any other means to obtain the source code, transformation or publication of any unauthorized test results of any elements and utilities integrated into the development constitutes a violation of the intellectual property rights of Flagma Inc, and therefore undertakes not to perform any of the above actions.

Privacy policy

This Privacy Policy defines: - what personal data is collected when users use the Application
- the list of services and products provided by the user through the Application
- the methods of processing the personal data of users.

By using the Application, the user confirms and guarantees that the user is over 18 years old, and that the user has read, agreed to and undertakes to comply with:
- privacy policy
- rules of use
- other documents that the owner of the Application considers mandatory

If the user does not agree with any documents in general or with any individual clauses, he undertakes not to use the Application. If the user uses the Application despite disagreement, he loses the right to refer to such disagreement.

In case of disagreement with any clauses, the user is obliged to:
- contact the owner of the Application with a request to delete user data
- cancel all subscriptions using the functions provided by Application (for iOS) or Play Market (for Android)
- delete the Application from your devices.

1. Personal Data Controller

Flagma Inc, 80 Atlantic Avenue, Unit 400, M6K 1X9, Toronto (hereinafter referred to as Flagma Inc) is controller of the users’ personal data

2. Personal data collected by the Data Controller

The data controller collects data that users provide:
- voluntarily (such as email address, name, interests, etc.).
- automatically (such as IP address).

2.1. Data that users provide

- username;
- email-address;
- contact phone no.;
- IP-address;
- other contact information provided by the User during the using for the Application.

The User agrees to the transfer of his/her personal data to third parties, including the transfer of personal data abroad, to any third country in accordance with this Policy and the User Agreement of the Data Controller.

2.2. Information collected, received and posted by the Data Controller

2.2.1. Personal account information. When the User creates a personal account in the Application, the Data Controller may request a valid email address and password. The personal account includes information about the geographic location, full name, phone number and related information, including photos that the User can upload to their personal account.

2.2.2. User requests. When Users contact the Data Controller within the framework of the Application, the information necessary to respond to the request, including personal information, may be collected. The Data Controller may also contact the User using the contact information provided by the User for this purpose.

2.2.3. Information obtained from surveys. The Data Controller may collect and store information obtained from surveys, which may be conducted either directly by the Data Controller or by engaged third parties.

2.2.4. Advertising Ids. The Data Controller collects your Application Identifier for Advertising (“IDFA”), Identifier for Vendor (“IDFV”) or Google Advertising ID (“AAID”) (depending on the operating system of your device). You can typically reset these numbers through the settings of your device’s operating system (but we do not control this).

2.2.5. Transaction data When you make payments in the Application, you provide the user’s bank card number data to our third party service providers. The Data Controller does not collect or store the full bank card number data. However, if necessary, the Data Controller may receive data related to the bank card, transaction data, including: date, time and amount of the transaction, the type of payment method used.

3. Purposes of processing personal data of users

The Data Controller processes personal data of users:

3.1. For the correct operation of the Application

This includes providing users with the opportunity to use the Application without interruption, preventing and/or eliminating errors in the operation of the Application, as well as resolving technical problems.

The Data Controller informs Users about the international transfer of users’ data:
- For storage and email, as well as for navigation metrics and analytical services, we use the services of GOOGLE INC (USA). as a Data Processor. No matter what country the User is in, he understands and is aware of the risks and consequences of such transfer and gives his consent to them. More details: https://policies.google.com/privacy.
- For the backend service, we use the services of CONTABO (GERMANY). No matter what country the User is in, he understands and is aware of the risks and consequences of such transfer and gives his consent to them. More details: https://contabo.com/en/legal/privacy/.

- For online User support, we use the services of APPLICATION STORE (USA). Regardless of the country in which the User is located, he understands and is aware of the risks and consequences of such transfer and gives his consent to them. More details: https://developer.Applicationlicationle.com/terms/.

3.2. To customize your experience

We process your personal data, such as age, gender, financial status and marital status, to customize the content of the Application and provide content customized to your personal preferences.

3.3. To provide Users with service and technical support, the Data Controller processes the personal data of users to respond to requests for technical support, information about the Application or any other communications from users.

3.4. To communicate with users regarding the use of the Application, the Application Owner may communicate with users via email and/or push notifications or.

Such messages may include, but are not limited to, reminders and motivational messages with your daily affirmations or other information about the Application. You can unsubscribe from push notifications or receiving emails at any time in the Application settings.

The services that the Application Owner uses for the purposes described in this paragraph may collect data about the date and time the message was viewed by the Application users, as well as the time of interaction with the Application.

3.5. To research and analyze how users use the Application

This is necessary so that the Application owner can analyze user activity in the Application and improve it. It is also necessary for statistical analysis, as well as testing updates in the Application.

To conduct research and analyze how users interact with the Application, the Application owner uses Appsflyer. It allows the owner of Application to:
- understand the effectiveness of your advertising (where users find the Application)
- analyze the use of the Application by user

3.6. To send you marketing communications

The Data Controller processes personal data of users to improve the effectiveness of marketing campaigns. The Application Owner may display advertisements to users in the Application and send users emails for marketing purposes. Users have the right to unsubscribe from mailings at any time. The Application Owner uses its own e-mail service to send users individual emails.

3.7. Personalization of advertising

The Application Owner uses users' personal data to customize advertising. If the user wants to opt out of personalized advertising or have some influence on it, they must:

iOS: on iPhone or iPad, go to Settings > Privacy > Application Advertising and uncheck Personalized Advertising.

Android: in Settings > Privacy > Advertising and enable Opt out of personalized advertising. You can also reset your advertising identifier in the same section (this can also help you see less personalized advertising).

3.8. To process your payments, the Data Controller provides paid products and/or services within the Application. For this purpose, the Application Owner uses third-party payment processing services (e.g. payment processors). As a result of this processing, you will be able to make a payment, and the Application Owner will know that the payment has been made. The Application Owner does not store or collect payment card data. This information will be provided directly to third-party payment processors. To make a purchase and process user payments, the Application Owner uses the payment processing provider Stripe, Paypal, ApplePay, GooglePay.

3.9. To prevent and combat fraud

The owner of the Application uses personal data of users to ensure compliance with agreements and contractual obligations, to detect, prevent and combat fraud. As a result of such processing, the owner may transfer your information to other persons, including law enforcement agencies (in particular, if a dispute arises in connection with our Terms of Use).

3.10. To comply with legal obligations

The Application Owner may process, use or transfer user data in cases provided for by Applicationlicationlicable law. For example, in the event of a request from law enforcement agencies, when such a request is legal.

4. Legal basis for processing users' personal data

This section applies only to users from the EEA. The data controller processes users' personal data on the following legal basis:

4.1. Users’ consent.

Users receive marketing emails on this legal basis. Users have the right to unsubscribe from receiving such emails at any time by clicking on the “Unsubscribe” link in the footer of the marketing emails.

4.2. For the high-quality operation of the Application in accordance with the stated terms. On this legal basis, the Data Controller:
- Provides the Application (in accordance with our Terms of Use)
- Customizes the user experience
- Provides customer support to users
- Responds to user inquiries and emails regarding the operation of the Application, user requests and queries
- Processes user payments

4.3. To implement the rights and legitimate interests of the data controller/owner of the Application to the extent that such rights and legitimate interests do not conflict with the rights and legitimate interests of the users of the Application, subject to the rules and restrictions provided by law.

Legitimate interests include, but are not limited to:
- receiving user feedback on the use of the Application
- sending you push notifications
- analyzing how Users use the Application
- sending marketing messages
- personalizing advertising
- preventing and combating fraud

4.4. To comply with legal obligations.

5. The Data Controller shares personal data with the following third parties

5.1. Service providers

- cloud storage providers (Amazon, Google, Contabo)
- data analytics providers (Facebook, Firebase, Appsflyer, Amplitude)
- measurement partners
- communication service providers (Firebase, Zendesk)
- marketing partners (in particular social networks, marketing agencies, email delivery services; Facebook, Google, TikTok, Outbrain)
- payment service providers (Stripe, PayPal, ApplePay / GooglePay).

5.2. Law enforcement agencies and other government agencies, where required by applicable law

5.3. Third parties in the context of a merger or acquisition, as well as affiliated companies.

The Data Controller shares information with third parties to improve the management, support, customization, operation and promotion of the Application.

6. Implementation of user rights

6.1. Users have the following rights to control their personal data: access/view/update/correct, delete your personal data.

A request to delete personal data is not always possible due to applicable law, but the data controller will comply with the user’ request as soon as possible.

Deletion of user data may result in the inability to use the Application.

6.2. If the user is located in the EEA, then such user has the following additional rights in accordance with applicable law:

- The right to lodge a complaint with a supervisory authority. The Data Controller asks that in the event of any questions/situations in connection with the user’s personal data, the user directly contact the Data Controller, however, this does not mean that the user cannot, if in the user’s opinion his rights have been violated, seek protection of his rights from the competent data protection supervisory authority in the EU Member State where the user resides, or where, in the user’s opinion, the violation of the use of the user’s personal data occurred.

- The right to data portability. If the user wants to receive their personal data in a machine-readable format, the user can send a corresponding request to the Data Controller.

6.3. In case of any questions related to the user's privacy rights, it is necessary to send an e-mail to info@mysoulapp.app.

7. Age restriction

This Application is intended for people over 18 years of age. By downloadingthe Application, the user confirms that the user is over 18 years of age.

8. International data transfers

Any User using the Application understands, accepts and agrees that the ownerof the Application is registered in Canada, which means international transferof personal data. When transferring data, the owner of the Applicationcomplies with international legislation on the transfer of personal data.

The owner of the Application informs Users about the international transfer of USERS’ data:

- For storage and email, as well as for navigation metrics and analyticalservices, we use the services of GOOGLE INC (USA). as a Data Processor. Nomatter what country the User is in, he understands and is aware of the risksand consequences of such transfer and gives his consent to them. Moredetails: https://policies.google.com/privacy.

- For the backend service, we use the services of AMAZON WEB SERVICES(USA). No matter what country the User is in, he understands and is aware of the risks and consequences of such transfer and gives his consent to them.More details: https://aws.amazon.com/compliance/data-privacy-faq/.

- For online User support, we use the services of APPLICATION STORE (USA).Regardless of the country in which the User is located, he understands and isaware of the risks and consequences of such transfer and gives his consent tothem. More details: https://developer.Applicationlicationle.com/terms/.

9. Changes to the privacy policy

The Data Controller has the right to make changes to this policy at any time.

In the event of significant changes, the Data Controller will send the user an updated text by e-mail.

Continued use of the Application after receiving the updated Privacy Policy is the automatic and sufficient confirmation of its consent.

10. Data storage

The Data Controller stores personal data of users for as long as necessary to achieve the purposes specified in this privacy policy.

11. How to contact the Data Controller

Users can contact the Data Controller at any time and for any question related to the privacy policy.

Data Controller’s email address info@mysoulapp.app