Terms & conditions of the Melomind mobile app

 

Article 1 - Purposes of the Application

Our Application is a free service comprising a mobile app providing You with a personalized training program to understand how your brain relaxes naturally and learns to control such process.

This service is developed by myBrain Technologies –simplified joint-stock company– whose headquarters are located at: 28 allée Hoche, 92130, Issy-les-Moulineaux, France.

The Application will provide You with its services if You accept the present Terms of Use, which objective is to set the technical, practical, and legal terms of the relationship binding You to the Application.

Consequently, myBrain Technologies invites You to read these Terms of Use that You accept and that You agree to respect.


Article 2 - Definitions

For the application of the present Terms and Conditions, the words and expressions below shall have the following meaning when written with capital letters. They will have the same meaning whether they are used in the plural or the singular forms:

 T&C: refers to the present conditions of use which objective is to defined the Terms and Conditions –hereinafter the “T&C”– of the Application. The T&C apply to all users of the Application;

Personal Data: refers to personal data according to the Personal Data Regulation;

Personal Data Regulation: refers to French Act No 78-17 from January 6, 1978, on information technology, data files, and civil liberties, as amended by subsequent legal texts; the Regulation (EU) of the European Parliament and of the Council No 2016/679 dated April 27, 2016, applicable by May 25, 2018, as well as any other provision which supplements or subsequently replaces them;

Application: refers to the mobile application MELOMIND;

You/User: refers to the person, the User, using the Application.


Article 3 - Description of the Application's operation

You use the Application for the first time:

You can download our Application from Google Play Store for mobile devices using Android, or from Apple Store for mobile devices using iOS.

Once the Application has been downloaded, You can pair it to the headset. This headset is not a medical device but a wellness tool.

To proceed with the pairing, turn the headset on by sliding the switch located at the bottom of the left speaker, below the “+” and “-” volume buttons. You can open the Application on your mobile device. Then, you will be asked to scan your headset’s QR Code or connect it to your mobile via Bluetooth.

You then will be able to create your user account. The following information is required: your email, a username which will designate You, and a password which You will have to reiterate for confirmation. You will also be required to accept the processing of your Personal Data as well as the Application’s Terms and Conditions and Privacy Policy.

In the event that you refuse the Application’s Terms and Conditions, you will not be able to continue to use the Application.

You can then confirm the creation of your account by clicking on “Create my account”. The following steps will consist in providing personal information about You such as your sex, age, job, and country and city of residence as well as your preference in terms of the language used for the voice and texts within the Application. 

Confirmation of account creation will be sent to your email address.

 

You already have a user account

Open the Application, turn on the headset and pair it to your mobile device by scanning the headset’s QR Code or by activating your device’s Bluetooth feature. Log in to your existing user account with your username and password.

Proceed to launch your session and discover the exercises that are offered to You.

 

The course of the session:

When launching your program by clicking on “Play”, four successive steps are required before You start:

  • Step 1: headset and sensors adjustment phase.
  • Step 2: calibration phase, determining and calibrating the algorithms’ parameters.
  • Step 3: neurofeedback session phase, which duration may vary according to the type of exercise imposed, unless You chose the Free session for which the duration is free.
  • Step 4: result phase: a chart of your session shows You the variations of your relaxation index and the score that You have achieved.

 

For further information on how to use and operate the Application, please read the Application’s instructions.


Article 4 - Password safety

You are solely responsible for all actions that occur while using your MELOMIND account. We recommend You to keep your username / password in a secured place to ensure that no one uses them without You knowing about it. myBrain Technologies disclaims all liability for any loss caused by use of your username / password, whether or not you are aware of such use.  


Article 5 - App’s Access

By nature, access to the Application is open to adults. Any use of the Application by minors must done so entirely under the responsibility of the holder of parental authority

On a technical level, the Application is accessible 24/7, provided the occurrence of a case of emergency, possible breakdowns, or any maintenance operation necessary for the proper functioning of the Application.

In any event, You acknowledge to have the necessary skills and means to access and use the Application. As such, You must have a smartphone or any other mobile device with an Internet connection whose settings obviously allow the Application to operate properly. You declare to know the risks and accept them. In particular, You acknowledge that the information passing through or stored on it might be intercepted or altered beyond the Application’s control. 


Article 6 - Liability

myBrain Technologies cannot be held liable for any malfunction, contamination of your mobile equipment during or after using the Application, impossibility of access or poor condition of use attributable to this equipment, the Internet access provider, Internet network congestion, or any other reason external to myBrain Technologies. Furthermore, the electronic or telephone communications costs incurred by the use of this equipment are at your exclusive expense and will not be borne by the company.

You acknowledge that myBrain Technologies reserves the right to modify, or temporarily or permanently interrupt all or part of the services. myBrain will not be held accountable in case of temporary, partial or total unavailability of the Application, particularly in the event of maintenance, technical incidents and, more generally, events beyond its control.


Article 7 - Intellectual Property

The Application and each of its constituent elements such as trademarks, logos, photographs, texts, presentations, brochures, illustrations, software, animations, data, databases, animated and still images, sounds, drawings, graphics, slogans, digital services presentation sheets, digital services names and associated visuals or texts, and other than those relating to links to third-party sites are regulated by intellectual property rights granted to myBrain Technologies. They constitute myBrain Technologies’ exclusive intellectual property.

All of these elements are protected by the French Intellectual Property Code and for the whole world against any use unauthorized by the law or the present T&C under penalty, in the event of failure, of legal proceedings.

As such, and in compliance with the Intellectual Property Code provisions, only the use for private purposes by the User is allowed, subject to more restrictive legal provisions. More specifically, using the Application does not imply any license or transfer of rights relating to myBrain Technologies’ elements, unless expressly stipulated in the Application.

Therefore, any copy, reproduction, representation, adaptation, modification, translation, distribution, full or partial propagation of the Application as well as the transfer of these elements to a website or another application are prohibited without prior written agreement by myBrain Technologies or the rights holder to use an element of the Application, in whole or in part by any process whatsoever and on any medium whatsoever, and can constitute an act of forgery, an infringement of the databases producer’s rights, an act of unfair competition and/or parasitism, punishable especially under Articles L. 335-2, L. 335-3, L. 342-1 et seq. and L. 716-1 of the French Intellectual Property Code, and article 1240 of the French Civil Code. Any unauthorized use of the Application’s contents or information, especially for commercial exploitation purposes, may lead to legal proceedings, in particular on the basis of the aforementioned grounds, on the part of the holder of the rights in question who reserves the right to claim damages.

You are allowed to consult, view and download the documents and information available under the following conditions:

  • the documents may be used only for personal purpose, for information and in a strictly private context, in compliance with Article L. 122-5 2° of the French Intellectual Property Code.
  • the documents and information may not be modified in any way.

Article 8 - Modification of the Terms and Conditions

myBrain Technologies reserves the right, especially in event of an evolution of its services, to modify and update the Terms and Conditions at any moment and without notifying You beforehand. When appropriate, the last update will be specified on the Application.

Consequently, you should frequently check the Application to stay informed of any changes or updates to the Application’s Terms and Conditions.

myBrain Technologies cannot guarantee the accuracy, the completeness or the timeliness of the information published on the Application, nor the compliance of said information with the use that the User wishes to make of it. You acknowledge using this information under your exclusive responsibility.


Article 9 - Assignment

In case of transfer of myBrain Technologies towards a third party, You acknowledge to give your prior agreement to Terms and Conditions in accordance with Article 1216 of the French Civil Code. 


Article 10 - Personal Data

Your Personal Data collected on the Application are processed in accordance to the Personal Data Regulation.  

 

Identity of the data controller:

The data controller is myBrain Technologies which collects and processes the Personal Data on its own behalf.

 

Typology of Personal Data collected during the collection:

In compliance with the data minimization principle, only the necessary Personal Data are collected. This includes, on the one hand, data about the User’s profile that are given when creating the account –username, email address, age, sex, job, country, city– and, on the other hand, data about the User’s physiological profile – data relating to the User’s brain activity i.e. electroencephalographic data.

Data relating to the User’s profile are collected when the User creates an account.

Data relating to the use of the MELOMIND Application are collected for the entire duration of the Application’s use.

Data relating to the User’s brain activity are only collected when those three cumulative conditions apply:

  • Users wear the headset on their head;
  • this headset includes properly installed sensors;
  • Users launch a session of the MELOMIND Application;

Therefore, if one of the three aforementioned conditions is not met, no data on the User’s brain activity can be collected –e.g. if the User uses the headset as headphones to listen to music without the presence of sensors.

 

Why and how do we use your Personal Data?

We use the Personal Data we collect from you for the following purposes:

  • Carry out research work on the cognitive processes involved in the mechanisms of stress management, emotions, sleep, attention, and relaxation through the analysis of Personal Data, especially regarding the data relating to the brain activity;
  • Improve the Application’s functioning;
  • Personalize and adapt the program to You, and provide You with exercises according to your results.

 

Transfer of Personal Data:

Your Personal Data are exclusively and safely transmitted to myBrain Technologies. Your Personal Data are also made accessible to one of myBrain Technologies’ data processors in order to provide and maintain the physical hosting infrastructures of this Personal Data and to ensure the associated services. Finally, they are also made accessible to myBrain Technologies’ research partners in the form of statistics, which will not allow any identification by name whatsoever.

 

Security and management of your Personal Data:

Encryption and security: methods of encryption and pseudonymization of your data are implemented by myBrain Technologies.

Storage of your Personal Data: your Personal Data are stored by myBrain Technologies for the period necessary to the study and beyond, for evidence purposes, in compliance with the legal prescription period.

Destruction of your Personal Data: your Personal Data are deleted as soon as the storage period reaches its limit. Personal Data stored on paper supports will be shred and crushed and those stored on electronic supports will be erased via irrevocable technical means.

 

Data transfer within the European Union:

The Personal Data we collect and process through the MELOMIND Application are stored solely within the European Union territory. They are not transferred outside this territory whatsoever.

 

Modification of the Privacy Policy:

The present Privacy Policy can be modified and updated at any time by us without prior notice to You. If applicable, the last update date will be specified in the Application. It is therefore strongly recommended that you check our Privacy Policy regularly to keep yourself informed of any updates or changes.

 

Your right on your Personal Data:

You are free to accept, refuse or withdraw your consent to the collection and processing of your Personal Data at any time.

You have a right to access, correct, delete, if necessary transfer, or limit the processing of your Personal Data. You also have the right to object, for legitimate reasons, to the processing of your Personal Data by the data controller.

In the event of death, you can define the directives regarding the fate of your Personal Data. At any time, you may lodge a complaint with the competent supervisory authority, request information from myBrain Technologies’ organizations, and obtain compensation for damages suffered in case of material or moral damage due to violation of the Personal Data Regulation.

 

Concerns/Complaints:

If you have any concerns or complaints about our Privacy Policy, or if you wish to exercise your rights regarding your Personal Data, you may contact us via:

  • A letter to the following postal address: myBrain Technologies - Service DPO- 28 rue des petits Hôtels, 75010 Paris, France
  • An email to the following address: legal@mybraintech.com

Any request to exercise your rights on your Personal Data will be processed as soon as possible and will result in an effective solution


Article 11 - Mediation

In the event of a disagreement about the interpretation and/or execution of the Terms and Conditions, You may use a conventional arbitration procedure or any other alternative for dispute settlement.


Article 12 - Governing law and juridiction

The present Terms and Conditions are subject to French law. The User agrees that any dispute relating to the interpretation and/or execution of the Terms and Conditions is, as far as possible, settled during amicable negotiations. Failing this, and within the limits of the applicable law, the dispute will be submitted to the assessment of the court of first instance of the defendant’s domicile.

 

The Melomind app's Terms & Conditions were last updated on: May 2nd, 2018