User terms

FREEQUENCY USER TERMS

Article 1 Definitions

1. App Store: the Apple App Store for iOS or Google Play Store for Android, from which the User can download the Freequency app and purchase a subscription.
2. Freequency app: the online game that helps you cope with tinnitus on your terms, available via the App Store.
3. Freequency B.V.: the company that markets the Freequency app in the Netherlands. The legal details are Freequency B.V. Markt 8a, 5581 GK Waalre, Chamber of Commerce number 90412540 VAT number NL865303084B01
   You can also find our contact details at the bottom of the page on our website freequency.app
4. User: the natural person who uses the Freequency app offered by Freequency B.V.
5. User Agreement: the agreement between the User and Freequency B.V. that is concluded online when downloading the Freequency app from the App Store.
6. Freequency platform: the general term for all online applications associated with the Freequency concept, consisting of:

• Freequency app including the User’s personal environment (on the device);
• Freequency website with general information about tinnitus, including training courses, specialists, and research results;
• News items to be sent to Users;
• Freequency social media channels;
• The future online environment where Users can exchange experiences with other Users;

Article 2 Applicability of User Terms and Privacy Statement

1. These User Terms apply to the Freequency app and the User Agreement.
2. The User Terms can be viewed at any time at freequency.app/user-terms-en/
3. Freequency facilitates the app in multiple countries and must therefore take account of different laws and regulations. These User Terms apply explicitly to the Dutch and European markets. A privacy policy has been drawn up for the Freequency app for the European market. This can be found at https://freequency.app/privacy-policy-en/

Article 3 Conclusion and duration of the User Agreement

1. The User decides to download the Freequency app, thereby concluding the User Agreement. The User Agreement will come into effect regardless of whether you have been referred by a hearing specialist or therapist, or whether you have learned about Frequency through the media or from acquaintances.
2. By entering into the User Agreement, you give Freequency consent to process your personal data. The User also explicitly consents to Freequency explicit to process the User’s medical data and to perform partially automated data processing.
3. The User may stop using the Freequency app at any time without providing a reason. The Freequency app is terminated by the User by removing it from all devices and from the User’s App Store account. Once the app is completely removed, the User Agreement automatically expires. Upon termination of the User Agreement, the User is responsible for removing the app from the device and the app library within the App Store account.
4. By deleting the app, the User Agreement, including the rates agreed upon via the App Store, the accumulated series, diary information, and set tone, noise, or beep, will expire.
5. Freequency may decide at any time to discontinue the Freequency app. In that case, the app will be paused in the App Store so that every User can complete the 100-day cycle before the Freequency app is permanently removed from the App Store.

Article 4: Costs and payments

1. The Freequency app is available for free, but only in a limited form. To access all features, a paid account is required, which can be purchased via the App Store.
2. To use the app to its full extent, you need to subscribe to it. All payments, cancellations, and terminations of your subscription are processed via the App Store. Depending on your Apple or Google account, you can use the app on multiple devices or through your family account. Freequency has no influence on your agreements with Apple or Google and your settings with these app stores. This means that Freequency BV cannot make any changes to, for example, the App Store’s return policy.
3. The price and subscription terms of the Freequency app are determined based on the price set in the App Store at the time of download.
4. If the User’s device is lost or damaged and becomes inaccessible, the subscription will continue. For continuous paid subscriptions, the costs will also continue. A new subscription is required for a download on a new device unless the App Store settings allow downloads on a second device. Freequency therefore advises Users to check for themselves whether this backup function for paid subscriptions via the App Store, for example via Apple Account or Google Family Link, is set up correctly.

Article 5 Cancellation

1. Because the app is available to the User immediately after download, User cannot execute the right of cancellation after the download has started. By entering into the User Agreement User waives the right of withdrawal.

Article 6 Liability

1. Freequency provides users with tips and suggestions for better coping with their tinnitus symptoms. The Freequency app is based on exposure therapy. Users experience improvement through the use of the Freequency app. A number of users report deterioration and experience more tinnitus symptoms than before using the Freequency app. As with all therapies, there is no one-size-fits-all solution. The Freequency app continuously conducts research into how it can be improved based on the data provided by users to Freequency. Freequency B.V. does not guarantee success when using the Freequency app. The User accepts the possible risk that symptoms may temporarily or permanently worsen and the User is and remains responsible for their own health.
2. The User is also responsible for following, implementing, or ignoring the tips provided in the Freequency app. The User is required to seek medical information from a qualified person or authority at all times. The content in the Freequency app is general in nature and can never replace medical advice.
3. Doctors and specialists engaged by the User must always carry out the necessary checks themselves before starting treatment when performing medical or paramedical procedures. The User cannot hold Freequency B.V. liable for any damage resulting from the actions or omissions of themselves or a practitioner engaged by the User themselves for whom information from the Freequency app is used.
4. Freequency B.V. is only liable for damage suffered by the User that is a direct result of using the Freequency app, whereby following tips is explicitly excluded from any liability on the part of Freequency. Freequency will only be liable to the User in the event of damage caused by intent and/or gross negligence on the part of Freequency that is directly related to the User’s use of the Freequency app itself. Freequency will only be liable for damage and/or costs that are directly demonstrable and actually suffered by the User.
5. Freequency is insured against public liability to cover any damage suffered by the User as a result of using the Freequency app. This liability will never exceed the amount covered by Freequency’s liability insurance.
6. No compensation will be paid to the User for malfunctions, technical failures, or incorrect display of the Freequency app or the Freequency platform.

Article 7 Privacy and intellectual property rights

1. The use of the Freequency app involves the collection of personal data from the User. Freequency B.V. ensures that as much of the necessary data as possible is stored only on the User’s own device. A limited amount of data must be sent to Freequency B.V. or to the App Store in order to facilitate the Freequency app. This concerns both limited contact details and special personal data as mentioned in Freequency’s privacy policy. Special personal data concerns the medical information that the User provides when completing the TFI questionnaire. Freequency will adequately secure all this data, including data encryption, access restrictions, and pseudonymization of the databases.
2. It is possible to participate anonymously in the TFI questionnaire within the Freequency app by not providing a name and email address when registering for the Freequency app. Soon, names and email addresses will be replaced by a unique user code. This officially falls under pseudonymization. If the User nevertheless chooses the anonymous option, the results of the TFI questionnaire will only be available once and cannot be linked across different moments in time.
3. Freequency ensures that all personal data within the platform is adequately protected, with appropriate organizational and technical measures in accordance with the GDPR. This means that the most suitable ICT solutions are used to establish secure connections between Freequency and the User. Freequency employees do not have access to personal data unless this is necessary for the operation of the Freequency app.
4. Scientists and researchers affiliated with Freequency and collaboration partners within certain research projects may receive medical data from Users, which they may also use for research purposes. Data made available for research purposes consists exclusively of anonymous data and data that cannot be traced back to individual persons. If Users object to the use of (special) personal data for research purposes, they are advised not to complete any questionnaires.
5. Freequency does not provide any data to Users’ medical practitioners. Users have the choice and option to share the results from the diary with others from their own device. We strongly advise against sharing this data. Any sharing by the User is entirely at the User’s own risk. Once data has been sent, it cannot be retrieved. We also advise Users to secure their own devices properly, as most personal data within the app is stored on the device’s local environment.
6. The Freequency app, the Freequency logo and Freequency platform, the associated software and all content, information and images are the property of Freequency B.V. or its licensors. These items may not be reproduced, stored or used in any way without the express permission of Freequency B.V.
7. Freequency is authorized to take software or system-related precautions to protect its property rights and the privacy of Users and other parties involved. This includes, among other things, (temporary) blocking of the Freequency app. Freequency is entitled to refuse or block a User who potentially causes damage to the Freequency platform or to other Users within the Freequency platform.

Article 8 Complaints and disputes

1. Users with a complaint about the Freequency app can report it by email to info@freequency.app.
2. Complaints will be dealt with within a maximum of seven days. If a complaint cannot be resolved immediately because, for example, it requires further investigation, the User will be informed of this and Freequency will indicate the period within which further processing of the complaint will be possible. The User will give Freequency at least four weeks to resolve a complaint in mutual consultation. After this period, a dispute may arise between Freequency and the User.
3. All disputes that may arise between the User and Freequency as a result of the use of the Freequency App or the Freequency platform will be settled by the Oost-Brabant District Court.

Article 9 Final provisions

1. Changes and/or additions to Freequency’s User Terms will take effect as soon as Freequency publishes these amended terms on its website and User agrees to them when restarting the Freequency app and continued usage of the app.
2. Freequency may inform the User by email about, among other things, changes, expansions, and the operation of the Freequency platform and all possibilities, market developments, and Freequency’s position in this market, if the User has given consent for this when completing the Freequency app. If the User no longer wishes to receive these messages, they can unsubscribe using the unsubscribe option included in the mailings.
3. Push notifications are sent within the Freequency app to encourage the correct use of the app. Users can enable or disable these notifications themselves via the settings on their device.
4. All agreements to which these User Terms apply are governed exclusively by Dutch law.