Terms & Conditions

1. Introduction

Welcome to Bright Bird

Thank you for choosing Bright Bird, a leading digital platform focused on mental well-being. Operated by Let's Talk App B.V., we are dedicated to providing you with innovative and supportive solutions to enhance your mental wellness. At Bright Bird, our goal is to empower you with effective tools and content grounded in scientifically-proven therapies and methods. Our services are designed to offer supportive resources that assist in your mental well-being journey. Whether you're engaging with our audio content, tracking tools, or community features, our aim is to provide a helpful and enriching experience. Please note that while we endeavor to offer valuable mental well-being resources, Bright Bird is not a healthcare provider. Our services are intended for educational and supportive use and should not replace professional medical advice, diagnosis, or treatment. We encourage you to consult healthcare professionals for any medical concerns or conditions. For assistance, queries, or feedback regarding our services, please do not hesitate to contact us at [email protected]. Your input is valuable to us, and we are here to assist you. By using the services of Bright Bird, you agree to our Terms and Conditions. We recommend reading them carefully to understand the guidelines and policies that govern the use of our platform. Your agreement to these terms forms the basis for a mutually respectful and beneficial use of Bright Bird. Thank you for being part of Bright Bird. We are committed to supporting you in your journey towards improved mental well-being.

2. General Terms

· These Terms and Conditions ("Terms") govern your use of the Bright Bird digital platform, including our mobile applications, websites, content, tools, features, and any other services (collectively, "Service") offered by Let's Talk App B.V., based in Amsterdam, Netherlands. · By accessing or using our Service, you agree to these Terms. Our Privacy Policy, which covers how we handle your personal data, is an integral part of these Terms. · Please be aware that these Terms are subject to change. We will notify users of any significant changes, but we also encourage you to review the Terms periodically for any updates.

3. Nature of Bright Bird's Services

· Bright Bird is a digital platform focused on mental well-being enhancement, and not a healthcare provider. Our services, including audio content, progress tracking tools, and interactive features, are designed for educational and supportive purposes only and do not constitute medical or psychotherapy treatment. · They are intended to supplement, not replace, professional medical advice and treatment. If you have or suspect you may have a mental health condition, we encourage you to consult with your healthcare provider. · Important Health Disclaimer: If you are experiencing severe mental health issues, such as suicidal thoughts or plans to harm yourself, Bright Bird's services are not suitable for you. In such cases, it is crucial to seek immediate assistance from healthcare professionals or emergency services. For urgent support, please contact the appropriate emergency services in your country (e.g., in The Netherlands, call 113).

4. User Registration and Account Security

· Eligibility: To use Bright Bird services, you must be at least 13 years old, as specified during the registration process. · Account Registration: When creating an account with Bright Bird, it is essential to provide accurate and complete personal information. This information should be kept up to date to ensure effective communication and service delivery. · Security: You are responsible for maintaining the confidentiality and security of your account information, including your password. Bright Bird is not liable for any loss or damage arising from your failure to protect your account credentials. · Account Activity: You are accountable for all activities that occur under your account. Any unauthorized use of your account should be immediately reported to Bright Bird.

5. Billing and Payment Terms

5.1 Service Access Through Employers and Individual Subscriptions:

· For users accessing Bright Bird through their employer's agreement, specific services, including digital content and tools, are available at no direct cost to the individual user. The range of accessible services under this arrangement is determined by the agreement between Bright Bird and the employer. · Individual users, not covered under an employer’s agreement, can access Bright Bird services through various personal subscription plans. Details of these plans, including service scope and pricing, are outlined on our platform and may be subject to changes.

5.2 Payment Methods and Billing Cycles:

· Individual subscription payments can be made via credit cards, digital wallets, or other specified methods on our platform. · Billing cycles, based on the chosen subscription, are typically set on a monthly or annual basis, with charges applied in advance.

5.3 Refund and Cancellation Policies:

· Subscriptions can be canceled at any time, with cancellation taking effect at the end of the current billing period. · Refunds are generally not provided for cancellations, except in cases of service non-delivery or other special circumstances. · For users with service access through employer agreements, cancellation and refund terms align with the employer's agreement with Bright Bird.

5.4 Modifications to Subscription Plans:

· Bright Bird reserves the right to alter subscription plans, including changes in pricing and services. Any significant modifications will be communicated to users beforehand. · Users will have the option to continue under the new terms or cancel their subscriptions following such changes.

6. User Obligations and Prohibited Uses

6.1 Guidelines for Acceptable Use:

· Users of Bright Bird are expected to engage with the services in a respectful, ethical, and lawful manner. · The platform should be used as intended for personal mental well-being enhancement. Misuse of resources, such as redistributing content without permission, is not permitted. · Users should respect the privacy and rights of others in community spaces, contributing positively and avoiding any form of harassment or abuse.

6.2 Prohibited Behaviors and Legal Compliance:

· Users must not engage in any behavior that is illegal, harmful, or infringes on the rights of others. This includes, but is not limited to, posting offensive content, bullying, or engaging in fraudulent activities. · Bright Bird must not be used for any unauthorized or illegal purposes, such as hacking, spreading malware, or conducting fraudulent activities. · Users are prohibited from attempting to disrupt the platform's operations, such as interfering with the service, overloading the systems, or accessing the service using automated means without permission.

6.3 Reporting and Enforcement:

· Users are encouraged to report any violations of these terms to Bright Bird. We are committed to ensuring a safe and respectful environment for all users. · Bright Bird reserves the right to take appropriate action against any user found to be in violation of these terms. This action may include, but is not limited to, warning the user, suspending access to the service, or terminating the account. · Continued non-compliance with these guidelines may lead to permanent prohibition from using the services.

7. Data Usage and Third-Party Sharing

7.1 Overview of Data Collection and Usage:

· In the course of registering an account and using Bright Bird services, personal data will be collected and processed. This includes, but is not limited to, your name, email address, usage data, and any other information you provide. · The processing of personal data is conducted in compliance with applicable laws and regulations, including the General Data Protection Regulation (GDPR). Our detailed practices regarding data collection, processing, and usage are outlined in the Privacy Policy. · The collected data is primarily used to provide and improve the service, communicate with users, and enhance user experience.

7.2 Sharing of Data with Third Parties:

· Bright Bird may engage external service providers to deliver certain aspects of the service, which might involve processing of personal data. These providers are carefully selected and obligated to handle data in accordance with our privacy standards. · Data may also be shared with third parties when required by law, to protect our rights, or to fulfill business obligations. · We encourage users to review our Privacy Policy for detailed information on how data is shared with third parties, the purposes of such sharing, and the measures in place to protect your personal information.

7.3 User Consent and Control:

· By using Bright Bird services, users consent to the collection and use of their data as described in these terms and the Privacy Policy. · Users have control over their personal data, including the right to access, rectify, or delete their information, subject to certain conditions outlined in the Privacy Policy.

8. Service Availability

8.1 Service Accessibility and Response Times:

· Bright Bird strives to provide a seamless and continuous digital experience for all users. While we aim for prompt service and response, the nature of our digital content and features means that availability can vary. · Our platform is designed to offer accessible and personalized support through various digital mental well-being tools and community features. However, response times may vary based on the specific services and user interactions.

8.2 Technical Availability and Limitations:

· We make every effort to ensure that our services and website operate smoothly and are available consistently. Nevertheless, due to technical constraints, we cannot guarantee uninterrupted service availability at all times. · Potential disruptions may occur due to scheduled maintenance, updates, or unforeseen technical issues. We commit to minimizing these disruptions and providing timely updates to our users. · Service availability may also be affected by factors beyond our control, such as network issues, server downtime, or other external events (force majeure). We are not liable for interruptions caused by such external factors.

8.3 User Responsibility for Access:

· Users are responsible for ensuring they have the necessary equipment and internet connectivity to access Bright Bird's services. · Periods of unavailability caused by the user's technical issues or limitations are not within our control, and Bright Bird is not responsible for such service interruptions.

9. Liabilityy

9.1 Scope of Liability:

· Bright Bird provides information and advice through its services and website on a no-obligation basis. The use of this information and advice is at the user’s own risk. Bright Bird is not responsible for any actions taken or not taken by users or visitors as a result of using our services or visiting our website. · Users and visitors are responsible for deciding how to utilize the information provided. Bright Bird cannot guarantee specific outcomes or the achievement of specific goals through the use of its services.

9.2 Limitation of Liability:

· Bright Bird is not liable for any damage or personal injury resulting from the use of its services or website, except in cases of direct damage caused by willful misconduct or gross negligence on our part. · The liability of Bright Bird, if applicable, is limited to the maximum extent permitted by law. In the event of any damages, the amount of liability will be limited to a reasonable and proportionate amount, taking into consideration the nature of the claim and the services provided. · You agree that any claim you may have arising out of or related to your relationship with Bright Bird must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

9.3 Liability Cap:

· Bright Bird's liability for direct damages shall be capped at a maximum amount of €1,000.00 per event. A series of related events shall be considered as one event for the purposes of this limitation. This cap is in place to limit the exposure and potential risk of Bright Bird while still providing a measure of accountability.

9.4 Exclusions:

· Bright Bird is not liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

10. Complaints and Dispute Resolution

10.1 Complaints Process:

· Bright Bird is committed to providing a high-quality service to all users. If you are dissatisfied with any aspect of our service, we encourage you to contact us at [email protected] to express your concerns. · Upon receiving a complaint, we will acknowledge it promptly and aim to resolve it efficiently and fairly. We will investigate the issue thoroughly, keep you informed of our progress, and strive to reach a satisfactory resolution. · Users are advised to submit complaints as soon as possible after the issue arises, providing all relevant details to facilitate an effective response.

10.2 Dispute Resolution Mechanism:

· If a complaint cannot be resolved through our internal process, we may suggest alternative dispute resolution methods such as mediation or arbitration. · In cases where disputes cannot be settled through these channels, they may be escalated to the appropriate legal jurisdiction as per the governing law stipulated in these Terms and Conditions. · Bright Bird aims to resolve disputes amicably and efficiently, minimizing the need for legal intervention. However, users retain the right to seek legal remedies if necessary.

11. Updates and Modifications to Terms

11.1 Procedure for Updating Terms:

· Bright Bird reserves the right to update or modify these Terms and Conditions at any time to reflect changes in our services, legal requirements, or other factors. · Any changes made will be effective immediately upon posting the updated Terms on our website, unless otherwise specified. · We will endeavor to provide advance notice of significant changes to these Terms, when feasible.

11.2 Notification Process for Changes:

· Notification of any changes to these Terms and Conditions will be communicated to users through our website and, where appropriate, via direct communication channels such as email. · Users are encouraged to regularly review the Terms and Conditions posted on our website to stay informed about any updates or modifications. · Continued use of the Bright Bird services after any changes to the Terms implies acceptance of the new Terms. If you disagree with the modified Terms, you are free to discontinue using our services.

12. Termination of Use

12.1 Conditions for Service Termination:

· Users have the right to terminate their use of Bright Bird services at any time. To do so, users should notify Bright Bird via the provided contact methods, such as an email to [email protected], or by following the in-app procedures for terminating use. · Bright Bird also reserves the right to terminate or suspend a user's access to the services for breaches of these Terms and Conditions, including but not limited to misuse of the service, illegal activities, or other violations. · In the event of termination by Bright Bird, the user will be notified, and an explanation of the reasons for termination will be provided, except in cases where such disclosure is prohibited by law or poses a security risk.

12.2 Account Deletion Process:

· To request the deletion of their account, users should contact Bright Bird directly through the designated contact channels. · Upon receiving an account deletion request, Bright Bird will guide the user through the process, which includes verification of the user's identity and confirmation of the deletion request. · Once the account deletion process is completed, all personal data associated with the account will be removed from Bright Bird’s systems, subject to data retention laws and regulations.

13. Indemnification

13.1 User Indemnification Agreement:

· Users of Bright Bird agree to fully indemnify and hold harmless Bright Bird, its affiliates, officers, agents, employees, and partners from and against all liabilities, damages, losses, costs, and expenses, including legal fees, that arise from the user's use of the services, violation of these Terms and Conditions, violation of any law or regulation, or infringement of any rights of a third party. · This indemnification includes any claims or demands made by third parties due to or arising out of the user’s actions, including negligent or wrongful conduct, and covers both direct and indirect consequences of such actions.

13.2 Scope and Duration of Indemnification:

· The scope of this indemnification is intended to be comprehensive, covering all forms of legal claims and damages, including but not limited to claims for breach of contract, tortious behavior, and statutory violations. · This indemnification obligation is a continuing obligation and will remain in effect even after the termination or expiration of the user’s relationship with Bright Bird, whether the termination is initiated by the user or by Bright Bird.

13.3 Mechanism for Handling Claims:

· In the event of a claim or legal proceeding against Bright Bird that falls under the indemnification clause, Bright Bird will provide prompt notice to the user. · Bright Bird reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the user, but doing so will not excuse the user's indemnity obligations.

14. Governing Law and Jurisdiction

14.1 Choice of Governing Law:

· The Terms and Conditions of Let's Talk App B.V., operating as Bright Bird, and any disputes or claims arising from or related to them, shall be governed by and construed in accordance with the laws of the Netherlands.

14.2 Jurisdiction for Legal Disputes:

· Users agree to submit to the exclusive jurisdiction of the courts located in Amsterdam, the Netherlands, for the resolution of any legal disputes or claims associated with the services provided by Let's Talk App B.V. (operating as Bright Bird).

14.3 International Users:

· Although Bright Bird services are accessible globally, they are governed by the laws of the Netherlands. International users must comply with all local laws regarding online conduct and acceptable content in relation to their use of Bright Bird's services.

15. Intellectual Property Rights

15.1 Ownership of Content:

· All content, including but not limited to audio materials, text, images, trademarks, logos, and service marks, displayed on or provided through Bright Bird's digital platforms (including mobile applications and websites) are the property of Let's Talk App B.V., operating as Bright Bird, and are protected by intellectual property laws. · Unauthorized use, reproduction, modification, or distribution of any content on Bright Bird's platforms is strictly prohibited and may result in legal action.

15.2 User Rights:

· Users are granted a limited, non-exclusive, non-transferable license to access and use Bright Bird's services and content for personal, non-commercial purposes as set forth in these Terms and Conditions. · This license does not grant users any rights to use Bright Bird’s trademarks, logos, or other brand features without prior written consent from Let's Talk App B.V.

15.3 User-Generated Content:

· When users contribute content to Bright Bird's platforms (such as comments, reviews, or other user-generated content), they grant Let's Talk App B.V. a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, and display such content for any purpose in connection with Bright Bird's services. · It is understood that any personal or confidential information shared by users in the course of using our services will be treated with the utmost confidentiality and respect for privacy. Bright Bird commits to not publishing or disclosing any personal information without explicit consent from the user. · Users must ensure that their contributed content does not infringe on the intellectual property rights of others and does not violate any confidentiality obligations they may have.

16. Third-Party Links and Services

16.1 Disclaimer for Third-Party Links:

· The Bright Bird digital platform, including our websites and mobile applications, may contain links to third-party websites or services that are not owned or controlled by Let's Talk App B.V., operating as Bright Bird. · Bright Bird provides these links for your convenience and information, but does not endorse and is not responsible for the content, privacy policies, or practices of any third-party websites or services. · Users are encouraged to be aware when they leave our site and to read the terms and conditions and privacy policies of any other site that collects personally identifiable information.

16.2 Interaction with Third-Party Services:

· Any interaction, correspondence, or business dealings with third parties found on or through Bright Bird's services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between the user and the third party. · Bright Bird is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such third-party materials on Bright Bird's platforms.

17. Final Provisions

· The Terms of Use have been written in English. The translation of these Terms of Use is intended for informational purposes only. Should there be any difference in content, meaning or interpretation, the English version takes precedence. · In this document, the name Bright Bird is sometimes used instead of the legal entity Let's Talk App B.V. It should be understood that when Bright Bird is mentioned, it is to be considered as referring to Bright Bird as a service provided by Let's Talk App B.V., and that all terms and conditions herein apply accordingly. This includes a clear acknowledgement that all rights, obligations, and responsibilities as set out in these terms are fully applicable when the name Bright Bird is used in place of Let's Talk App B.V., and that this is legally binding.

18. Contact Information

For any questions or concerns about these Terms, please contact us at [email protected]. Effective Date: 9 January 2024