Terms of Service

Last Updated: December 19, 2024

1. Acceptance of Terms

By accessing or using Harmonia ("the Service"), you agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this application.

These Terms constitute a legally binding agreement between you and Harmonia. Your use of the Service constitutes acceptance of these Terms and our Privacy Policy, which is incorporated by reference.

2. Description of Service

Harmonia is a personal wellness and life balance tracking application designed to help users:

  • Track daily activities, moods, and progress towards personal goals
  • Plan and review daily activities through morning planning and evening review features
  • Maintain personal journals and notes with encryption for privacy
  • Monitor financial spending and budget adherence
  • Access daily horoscope readings and astrological insights
  • Use relaxation music and ambient sounds for wellness
  • View progress analytics and personal development insights

Important: Harmonia is a personal wellness tool and is not intended to replace professional medical, mental health, or financial advice.

3. User Accounts and Eligibility

To access certain features of Harmonia, you may be required to create an account. You must be at least 13 years old to use our Service. By creating an account, you represent and warrant that:

  • You are at least 13 years of age
  • You have the legal capacity to enter into this agreement
  • All information you provide is accurate and current
  • You will maintain the confidentiality of your account credentials
  • You are responsible for all activity that occurs under your account

You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

4. Subscription Plans and Payments

Harmonia offers the following subscription options:

  • Free Trial: 7-day free trial for new users (14 days for beta testers)
  • Monthly Plan: Billed monthly at the current rate
  • 3-Month Plan: Billed quarterly at a discounted rate
  • 6-Month Plan: Billed bi-annually at a discounted rate
  • Annual Plan: Billed annually at our best value rate

Payment Terms: By selecting a paid subscription, you agree to pay the subscription fees indicated for your selected plan. All fees are non-refundable except as expressly stated in our Refund Policy. Subscriptions automatically renew unless cancelled before the renewal date.

Cancellation: You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellation will take effect at the end of your current billing period.

5. User Agreement and Acceptable Use

User Responsibilities: By using Harmonia, you agree to use our platform responsibly and in accordance with these Terms. You are solely responsible for your use of the Service and any content you create.

5.1 Prohibited Activities

You agree NOT to use our Service for any of the following prohibited activities:

  • Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of our application, algorithms, or proprietary technology
  • Algorithm Extraction: Attempting to extract, copy, or replicate our proprietary algorithms, machine learning models, or data processing methods
  • Competitive Analysis: Using our Service to develop competing products or services
  • Data Mining: Scraping, crawling, or extracting data from our Service for commercial purposes
  • Security Testing: Attempting to breach, test, or circumvent our security measures
  • Unauthorized Access: Attempting to gain unauthorized access to our systems or other users' accounts
  • Malicious Activity: Introducing viruses, malware, or other harmful code
  • Spam or Abuse: Sending unsolicited communications or abusing our systems
  • Illegal Content: Creating, storing, or transmitting illegal, harmful, or inappropriate content
  • Violation of Laws: Using our Service in violation of any applicable laws or regulations

5.2 Intellectual Property Protection

Proprietary Technology: Harmonia contains proprietary algorithms, machine learning models, data processing methods, and other confidential and proprietary technology that is protected by intellectual property laws and trade secrets.

No Reverse Engineering: You expressly agree that you will not attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code, algorithms, or underlying technology of our Service.

Confidentiality: You acknowledge that our algorithms, data processing methods, and proprietary technology constitute confidential and proprietary information. You agree to maintain the confidentiality of such information and not disclose it to third parties.

5.3 User Content and Data Rights

Your Content: You retain all rights to the content you create, upload, or store within Harmonia, including journal entries, notes, personal data, and other information. You are solely responsible for the content you create and its accuracy.

License to Us: By using our application, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, and process your content solely for the purpose of:

  • Providing and maintaining our services
  • Improving our application functionality
  • Providing customer support
  • Complying with legal obligations

6. Intellectual Property Rights

Our Rights: Harmonia and its original content, features, functionality, and technology are owned by us and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Permitted Use: You may use our application only as intended and in accordance with these Terms. You may not:

  • Reverse engineer, decompile, or disassemble our software
  • Copy, modify, or create derivative works of our content
  • Remove or alter any copyright, trademark, or proprietary notices
  • Use our trademarks or logos without written permission
  • Attempt to gain unauthorized access to our systems

Third-Party Content: Our application may include content from third parties (such as music from Freesound under Creative Commons license). Such content is used in accordance with applicable licenses.

7. Medical and Professional Advice Disclaimer

IMPORTANT: Harmonia is a personal wellness tracking application and is NOT a substitute for professional medical, mental health, or financial advice. Our application:

  • Does not provide medical diagnosis, treatment, or advice
  • Is not intended to replace therapy, counseling, or medical care
  • Should not be used in emergency situations
  • Does not guarantee specific health or wellness outcomes
  • Is not a financial planning or investment advisory service

Seek Professional Help: If you are experiencing mental health issues, medical concerns, or financial difficulties, please consult with qualified professionals. In case of emergency, contact emergency services immediately.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: In no event shall Harmonia, its directors, employees, partners, agents, suppliers, or affiliates be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation:

  • Loss of profits, data, use, goodwill, or other intangible losses
  • Your access to or use of or inability to access or use the application
  • Any conduct or content of any third party on the application
  • Any content obtained from the application
  • Unauthorized access, use, or alteration of your transmissions or content
  • Any decisions made based on information provided by the application
  • Any health, financial, or personal outcomes related to use of the application

Maximum Liability: Our total liability to you for any claims arising from or related to these Terms or the Service shall not exceed the amount you paid us for the Service in the 12 months preceding the claim.

9. Service Availability and Disclaimers

Service Availability: Harmonia is provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, expressed or implied, regarding:

  • The operation of our application
  • The accuracy, completeness, or reliability of any information provided
  • Uninterrupted or error-free service
  • Freedom from viruses or other harmful components
  • Compatibility with your device or software
  • Specific results or outcomes from using the application

Third-Party Services: We may use third-party services (such as Stripe for payments, Firebase for data storage) that have their own terms and limitations. We are not responsible for the availability or performance of these third-party services.

10. Monitoring and Enforcement

Monitoring: We reserve the right to monitor your use of our Service to ensure compliance with these Terms and to protect our intellectual property and other users.

Automated Detection: We may use automated systems to detect prohibited activities, including but not limited to reverse engineering attempts, data scraping, and unauthorized access attempts.

Investigation: If we suspect you have violated these Terms, we may investigate your account and usage patterns. This may include reviewing your data, usage logs, and other relevant information.

Immediate Action: We reserve the right to take immediate action, including account suspension or termination, if we detect any prohibited activities or violations of these Terms.

11. Termination

Your Right to Terminate: You may terminate your account at any time by contacting us at myharmonia@proton.me or through your account settings.

Our Right to Terminate: We may suspend or terminate your account immediately if you:

  • Violate these Terms of Service
  • Engage in reverse engineering or algorithm extraction attempts
  • Use our Service for competitive analysis or development
  • Engage in fraudulent or illegal activity
  • Abuse our systems or other users
  • Fail to pay subscription fees when due
  • Create multiple accounts to circumvent restrictions
  • Attempt to breach our security measures

Effect of Termination: Upon termination, your right to use the Service ceases immediately. We may delete your account and data in accordance with our Privacy Policy. You must immediately cease all use of our Service and any proprietary information you may have obtained.

12. Governing Law and Dispute Resolution

Governing Law: These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Dispute Resolution: Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California.

Class Action Waiver: You agree that any arbitration or legal proceeding shall be limited to the dispute between you and us individually. You waive any right to participate in class action lawsuits or class-wide arbitration.

13. Changes to Terms

Right to Modify: We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

Notification Methods: We will notify you of material changes by:

  • Email notification to your registered email address
  • In-app notification when you next access the Service
  • Posting the updated Terms on our website

Acceptance: By continuing to access or use our application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

14. Severability and Entire Agreement

Severability: If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the use of the Service and supersede all prior agreements and understandings.

15. Third-Party Content Attribution

Harmonia uses the following third-party content under appropriate licenses:

  • Music: "nature sounds" pack by the_very_Real_Horst (https://freesound.org/people/the_very_Real_Horst/)
  • Pack URL: https://freesound.org/people/the_very_Real_Horst/packs/14658/
  • License: Creative Commons 0 (http://creativecommons.org/publicdomain/zero/1.0/)

16. Contact Information

If you have any questions about these Terms, please contact us at:

Email: myharmonia@proton.me

Website: https://harmonia.lifestyle

Response Time: We will respond to all inquiries within 24-48 hours

Legal Inquiries: For legal matters, please mark your email as "Legal Inquiry"