Momenty
Application terms and conditions of use and privacy policy
This Agreement governs the download, access, and use of the various mobile applications (hereinafter referred to as "Apps") owned by beeple Co., Ltd., which are available free of charge on Google Play (Android) and Apple Store (iOS) and can be accessed through various links on our website (https://momenty-app.com/).
By downloading and using your chosen application, you are deemed to have agreed to this Agreement. By accessing the Apps, you unconditionally accept and consent to these Terms and Conditions of Use and Privacy Policy.
1. Responsible Party for the Apps
beeple Co., Ltd., located at 1952, Hannuri-daero, Sejong-si, Republic of Korea, can be contacted via email at beeplefun@gmail.com. beeple Co., Ltd. is the owner and responsible party for the Apps.
2. Object
The Apps have been developed with the purpose of enabling users to easily create a MandalArt Planner, while providing motivational features such as record keeping and notifications for detailed planning of their goals. This service is designed to help users form effective routines and ultimately achieve their objectives.
3. Compatible Devices
All Apps are offered free of charge on both Google Play (for Android devices) and the Apple Store (for iOS devices). By accessing, downloading, and using the Apps, you acknowledge and agree to abide by all applicable terms and conditions imposed by the respective app stores regarding the acquisition, download, and update of the Apps.
4. Start
When launching the app for the first time, you will optionally be prompted to answer several questions regarding your goals and the reasons behind setting them. You will also be able to configure how frequently and at what intervals you wish to receive notifications regarding the detailed plans for your goals on your mobile device.
All of this information can be modified at any time according to your preferences through the configuration panel available within the app.
After completing the initial questions, you will gain access to a free version of the app that offers limited content—allowing you to test the app and see if it meets your needs. To unlock the full range of content and features, you will need to upgrade to the Premium version by selecting one of the available payment plans (monthly, annual, or lifetime). Payment will be processed through the options provided by the respective app store from which you downloaded the app.
You can review the terms of use for these app stores at the following links: Google Play Store; App Store.
5. Method of Use
When starting the application, the user will be directed to the main screen, where they can create, view, and manage their MandalArt Planner. Users can input their goals, break them down into detailed plans, and track their progress using text, images, and checkboxes.
Users can update their planner at any time, set priorities, and mark completed tasks to visualize their progress. Additionally, they can review their past achievements and adjust their plans as needed.
Based on the frequency and reminder settings chosen by the user, the application will send notifications to help them stay on track with their goals and maintain their routine.
5.1 General Settings
Users can access key settings through the profile image located in the top left corner of the main screen. This provides access to the following sections:
- My Account: View and update personal information, such as name and profile picture.
- Subscription: Manage the current subscription plan, including upgrades, cancellations, and payment details.
- Settings: Customize various app preferences, including notification settings, language selection, and other user preferences.
Additionally, users can access the Terms of Use, Privacy Policy, and Frequently Asked Questions (FAQ) from the Settings page.
6. Intellectual and Industrial Property Rights
All intellectual and industrial property rights for the Apps are owned exclusively by beeple Co., Ltd. beeple Co., Ltd. holds the exclusive right to exploit these rights in any form, including reproduction, distribution, public communication, and transformation.
Furthermore, any intellectual and industrial property rights in photographs, logos, and other symbols or content included in the Apps that belong to third parties are used within the scope of the permissions granted by their respective owners for reproduction, distribution, and public availability.
The user acknowledges that any unauthorized extraction, modification, distribution, commercialization, decompilation, disassembly, or reverse engineering of any integrated elements or utilities within the Apps constitutes an infringement of beeple Co., Ltd.'s intellectual property rights, and accordingly agrees not to engage in any such activities.
6.1 User Content
Through the Apps, users can create and manage their own MandalArt Planner entries, including goals, detailed plans, and execution records. These entries can be in the form of text, images, and checkboxes (hereinafter referred to as "User Content").
Users acknowledge and agree that they are solely responsible for the User Content they input, upload, or share through the Apps, including its legality, accuracy, and appropriateness.
By submitting User Content on or through the Apps, the user represents and warrants that:
- The User Content is created by them and/or they have the necessary rights to use it and grant us the rights and license under these Terms.
- The submission of User Content does not infringe on the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. beeple Co., Ltd. reserves the right to take action, including restricting access or terminating accounts, against any user who infringes upon such rights.
Users retain full ownership of the User Content they submit, post, or display within the Apps and are responsible for safeguarding their rights to such content. beeple Co., Ltd. does not claim ownership of User Content but requires a non-exclusive, worldwide, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content solely for the purpose of providing the services within the Apps.
Additionally, by posting User Content through the Apps, users agree that their content may be made accessible to other users where applicable, subject to the terms of this Agreement.
7. Privacy Policy
In compliance with applicable data protection regulations, please be advised that any personal data provided by users of our Apps—whether through direct use of the Apps, by sending an email to the designated address, or via any other means of communication—will be processed by beeple Co., Ltd. as the Data Controller.
7.1 What is Personal Data and What Data is Processed?
Personal data refers to any information that identifies or can be used to identify an individual, such as name, profile picture, email address, and other related information.
In our Apps, we collect and process only the following personal data:
- Name (optional, can be modified)
- Email address (required)
- Profile picture (optional, can be modified)
This data is provided by users through the App interface, via email, or through other communication channels.
Additionally, we automatically collect certain information when you access, use, or browse our Apps. This information does not personally identify you but includes device and usage data necessary to ensure the security and functionality of our Apps. The information collected may include:
- Log and usage data: This includes records of interactions with the App, such as pages viewed, features used, timestamps of activities, and error reports.
- Device data: Information about your device, including model, operating system, browser type, device identification numbers, and internet service provider.
- Location data: General location based on your IP address. You may disable location tracking in your device settings if you do not wish to share this information.
Our Apps may also request access to specific mobile device functions, including:
- Camera and photo library access: If you choose to upload a profile picture or select an image from your device’s storage.
- Push notifications: We may send push notifications regarding your account or App features. You can disable these notifications in your device settings.
This data collection is primarily for security, troubleshooting, and improving the overall performance and experience of the Apps. All data processing is done in compliance with applicable data protection regulations, ensuring transparency and user control over their personal information.
7.2 Data Controller
The entity responsible for processing the personal data collected through the Apps is:
beeple Co., Ltd.
1952, Hannuri-daero, Sejong-si, Republic of Korea
Email: beeplefun@gmail.com
As the Data Controller, beeple Co., Ltd. ensures that your personal data is processed securely and in compliance with applicable data protection laws.
7.3 Purposes, Method, Legal Basis for Processing Personal Data, and Storage Periods
Personal data will be processed in accordance with the following purposes, legal basis, and retention periods.
Provision of Requested Services
beeple Co., Ltd. processes personal data of users who download and use the Apps or request information through available communication channels for the following purposes:
- To respond to inquiries and provide requested services, as well as to maintain the professional and/or contractual relationship with users.
- To provide customer support through available communication channels.
- To manage billing, payments, and claims related to contracted services.
- To conduct statistical analysis, research, and user feedback studies to enhance services.
- To ensure the proper functioning of services and compliance with legal obligations related to service provision.
Only the minimum necessary data will be processed for the purposes described above, and such data will be specified in each service agreement.
Personal data will be retained only for as long as necessary to fulfill these purposes, including any legally required retention periods. Once the data is no longer needed, it will be deleted or anonymized using appropriate security measures.
Legitimate Interest in Research, Information, and Service Improvement
beeple Co., Ltd. may process personal data provided by users, as well as data generated through service usage, for the following purposes:
- To conduct statistical and analytical research on user preferences, habits, and engagement to improve and innovate future services and content.
- To send service-related updates, promotions, or activities of beeple Co., Ltd. through available communication channels (email, push notifications).
Users who do not wish to receive such communications can opt out at any time by following the instructions provided in each communication.
Sending of Commercial Communications
If beeple Co., Ltd. wishes to send commercial communications from third parties related to the contracted services, explicit prior consent will be obtained from users.
Users who have given their consent will receive such communications via the communication channels provided (email or mobile phone). Users may withdraw their consent at any time by following the opt-out process included in the communications.
Disclosure of Personal Data
All personal data will be handled with strict confidentiality and secured with necessary protective measures. beeple Co., Ltd. will only share personal data under the following circumstances:
- With third-party service providers necessary to process payments, provide services, or maintain the functionality of the Apps (e.g., payment processors, hosting providers).
- With public authorities or legal entities when required to comply with legal obligations.
beeple Co., Ltd. ensures that any third parties handling user data are bound by confidentiality agreements and process the data in compliance with applicable laws.
7.4 Minors
The Apps are designed to be used by both adults and students. However, if you are under the age of 14, you must obtain the consent of a parent or legal guardian before using the Apps and providing any personal information.
beeple Co., Ltd. does not knowingly collect personal information from users under the age of 14 without parental or guardian consent. If we become aware that a user under this age has provided personal data without such consent, we will take immediate steps to delete the data and, if necessary, notify the appropriate authorities.
If you believe that a minor is using the Apps without proper consent, please contact us at beeplefun@gmail.com.
7.5 International Transfers
The Apps provided by beeple Co., Ltd. are available in app stores worldwide. beeple Co., Ltd. is based in the Republic of Korea and, as such, complies with applicable data protection regulations. By using our Apps and services, users acknowledge and consent to the potential international transfer of their personal data to ensure the functionality and maintenance of the services.
beeple Co., Ltd. ensures that all data transfers are carried out with appropriate safeguards to protect user information in accordance with relevant data protection laws in the user’s country of residence.
beeple Co., Ltd. informs users that the following international transfers of personal data are conducted:
- For data storage, email services, and navigation metrics, we use the services of Google Inc., which acts as a Data Processor, located in the United States. Users who provide their data and reside outside the United States acknowledge the risks associated with such international data transfers and consent to the transfer of their personal data to that country.
- For backend infrastructure and cloud services, we use Amazon Web Services (AWS), which acts as a Data Processor, located in the United States. Users who provide their data and reside outside the United States acknowledge the risks associated with such international data transfers and consent to the transfer of their personal data to that country.
- For user support and online documentation services, we use Notion Labs, Inc., which acts as a Data Processor, located in the United States. Users who provide their data and reside outside the United States acknowledge the risks associated with such international data transfers and consent to the transfer of their personal data to that country.
- For user support related to app distribution and store management, we use the services of Apple Store, which acts as a Data Processor, located in the United States. Users who provide their data and reside outside the United States acknowledge the risks associated with such international data transfers and consent to the transfer of their personal data to that country.
By accepting our Terms and Conditions and our Privacy Policy, you consent to your personal information being transferred and stored in this way.
7.6 Exercise of Rights
beeple Co., Ltd. informs users that they have the following rights regarding their personal data:
- Access: Users have the right to request confirmation of whether beeple Co., Ltd. is processing their personal data and, if so, obtain access to the data being processed.
- Rectification: Users may request corrections or modifications to their personal data if it is inaccurate or incomplete.
- Deletion: Users can request the deletion of their personal data when it is no longer necessary for the purposes for which it was collected, unless legal obligations require its retention or there are other legitimate grounds for processing.
- Limitation: Users can request the restriction of data processing in certain circumstances, such as when contesting the accuracy of the data or if they need the data to be preserved for legal claims.
- Objection: Users may object to the processing of their data for specific reasons related to their particular situation. beeple Co., Ltd. will cease processing unless there are compelling legitimate reasons or the need to establish, exercise, or defend legal claims.
- Portability: Users have the right to receive their personal data in a structured, commonly used, and machine-readable format, and to request that their data be transferred to another data controller where technically feasible.
Users can exercise their rights of access, rectification, deletion, restriction, objection, portability, or withdraw their consent at any time by sending a written request, along with a valid identification document, to beeple Co., Ltd. at the following email address: beeplefun@gmail.com.
7.7 Data Protection Officer and Complaint to a Supervisory Authority
If you have any questions or require further information regarding data protection, please do not hesitate to contact beeple Co., Ltd. at beeplefun@gmail.com.
Additionally, if you experience any issues or have complaints related to the processing of your personal data, you have the right to file a complaint with the relevant data protection supervisory authority in your country of residence.
7.8 Security
beeple Co., Ltd. is committed to implementing appropriate technical and organizational security measures to protect users' personal data from unauthorized access, alteration, loss, or processing. These measures are designed to safeguard personal data in accordance with applicable data protection regulations, taking into account technological advancements, the nature of the data, and potential security risks.
All data transmissions between the Apps and third-party cloud servers are encrypted and securely processed using Secure Hypertext Transfer Protocol (HTTPS). This ensures that the transmitted data remains protected from interception or unauthorized access.
7.9 Transfer of Third-Party Data to beeple Co., Ltd.
If a user provides beeple Co., Ltd. with personal data of third parties as part of the service usage, the user must ensure that they have obtained prior explicit consent from the respective individuals before sharing their data.
7.10 Changes to the Privacy Policy
beeple Co., Ltd. reserves the right to update this Privacy Policy at any time. The latest version of the Privacy Policy will always be available within the Apps.
If there are any significant changes affecting the purposes of data processing not covered in this Privacy Policy, users will be notified in advance through the provided contact information. Users may review and, if necessary, exercise their rights regarding the changes.
8. Responsibility
beeple Co., Ltd. strives to provide the highest quality services at all times. However, despite our best efforts, beeple Co., Ltd. disclaims any liability for failures, interruptions, or damages caused by system malfunctions, malware, interference, disconnections, or other service disruptions.
Furthermore, beeple Co., Ltd. is not responsible for any damages of any kind arising from unauthorized actions by third parties or from the improper or inadequate use of the Apps by users. In no event shall beeple Co., Ltd. be liable for any direct or indirect damage affecting your or third parties' servers or other computer equipment due to external actions or negligence.
You agree to indemnify and hold harmless beeple Co., Ltd., its subsidiaries, affiliates, officers, and employees from any claims or demands—including reasonable attorney fees—arising from your improper or unauthorized use of the Apps and/or services, or from any violation of these Terms and Conditions, the Privacy Policy, or any applicable law or regulation.
While beeple Co., Ltd. takes extensive measures to secure its services, we cannot guarantee the complete absence of viruses or other harmful elements. It is your responsibility to implement the necessary precautions to protect your equipment in light of current telecommunications conditions.
beeple Co., Ltd. is not responsible for any service interruptions caused by force majeure, lack of updates, or circumstances beyond our control. We may also temporarily suspend access for security measures or during IT resource restructuring to improve our services.
The responsibility for using the Apps rests solely with you. Except as expressly provided in these Terms and Conditions, beeple Co., Ltd. shall not be liable for any loss or damage arising from the download or use of the Apps, including but not limited to errors in communications, hardware or software defects, or network failures. Similarly, we are not liable for any damages resulting from your improper or inadequate use of the Apps.
beeple Co., Ltd. provides only the information published within the Apps. You are solely responsible for using this information correctly and ensuring that your usage complies with the General Conditions, the Privacy Policy, the Cookies Policy, and any applicable contractual Terms and Conditions.
If you are dissatisfied with any aspect of the Apps, their content, or the services provided—or with any part of these General Conditions, the Privacy Policy, or the Cookies Policy—your sole and exclusive remedy is to discontinue accessing and using the Apps.
9. Nullity and Invalidity of the Clauses
Should any clause within these General Conditions and/or Specific Conditions, the Privacy Policy, the Cookies Policy, and, where applicable, the Contractual Terms be deemed wholly or partially null, void, or unenforceable, only the affected portion shall be rendered invalid.
The remaining provisions shall continue to be in full force and effect as if the invalid or unenforceable clause had never been included.
10. Applicable Law and Jurisdiction
Any disputes or questions arising from the use of the Apps, their content, or the services provided by beeple Co., Ltd. shall be governed by and construed in accordance with the laws of the Republic of Korea. Both parties agree to submit to the exclusive jurisdiction of the courts in the Republic of Korea.
For any communication regarding the Apps, incidents, or inquiries, please contact us at beeplefun@gmail.com.
Additionally, if you are an individual consumer residing in the European Union, you may utilize the European Commission's online dispute resolution platform at http://ec.europa.eu/consumers/odr/ for further assistance.
All personal data will be processed by beeple Co., Ltd.