Terms & Conditions

1. Acceptance of Terms

By downloading, installing, or using BeSeen (“the App”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, do not use the App.

2. Description of Service

BeSeen is a personal mood journaling application that allows you to:

• Record daily mood check-ins with tags, notes, photos, and voice recordings.
• Set daily reminder notifications.
• Optionally connect with one partner to share check-ins and exchange messages.
• View insights based on your mood history.

The App is designed as an offline-first tool. Core journaling features work without an internet connection or account.

3. Eligibility

You must be at least 18 years of age to use the App. By using the App, you represent that you meet this age requirement.

4. User Accounts

4.1 Account Creation

An account is not required to use core journaling features. An account is required only if you wish to use partner features (sharing check-ins, sending messages, connecting with a partner).

You may create an account using Apple Sign-In or email verification.

4.2 Account Security

You are responsible for maintaining the security of your device and account credentials. We are not liable for unauthorized access to your account resulting from your failure to secure your device.

4.3 Account Deletion

You may delete your account at any time from within the App. Account deletion permanently removes all server-stored data associated with your account, including your profile, partnerships, shared check-ins, messages, and uploaded media.

5. User Content

5.1 Ownership

You retain full ownership of all content you create in the App, including check-in entries, notes, photos, and voice recordings (“User Content”). We do not use your User Content to train machine-learning models, and we do not use it for advertising.

5.2 License to Operate

By sharing User Content through partner features, you grant us a limited, non-exclusive license to store, transmit, and display that content solely for the purpose of providing the partner sharing service to you and your connected partner. This license terminates when you delete the shared content or your account.

5.3 Content Responsibility

You are solely responsible for the content you create and share. You agree not to use the App to share content that is:

• Illegal, harmful, threatening, abusive, or harassing.
• Infringing on any third party's intellectual property or privacy rights.
• Malicious, including malware or harmful code.

5.4 Feedback

You are not required to provide us with feedback or suggestions. If you do, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, and incorporate that feedback into our products without compensation or obligation to you.

6. Partner Features

6.1 Partnerships

You may connect with one partner at a time by exchanging a unique partner code. Both users must consent to the partnership.

6.2 Sharing

When you share a check-in with your partner, you choose the level of detail to share (mood only, summary, or everything). You can change your sharing level or stop sharing at any time.

6.3 Dissolving Partnerships

Either partner may dissolve the partnership at any time. Dissolution removes shared check-in data and messages from our servers.

6.4 Communication Features

The App provides messaging features between partners, including replies and buzz notifications. You agree to use these features respectfully and not for harassment or abuse.

7. Subscriptions and Payments

7.1 Free and Premium Features

The App may offer premium features (“BeSeen+”) through in-app subscriptions. Free features will remain available without a subscription.

7.2 Billing

Subscriptions are billed through the Apple App Store. Billing terms, renewal, and cancellation are governed by Apple's terms.

7.3 Refunds

Refund requests are handled by the Apple App Store according to Apple's refund policies.

8. Acceptable Use

You agree not to:

• Attempt to reverse-engineer, decompile, or disassemble the App.
• Use the App for any illegal purpose or in violation of any applicable law.
• Interfere with or disrupt the App's servers or infrastructure.
• Attempt to gain unauthorized access to other users' data or accounts.
• Use automated systems (bots, scrapers) to access the App.
• Impersonate another person or entity.

9. Third-Party Links and Services

The App may contain links to third-party websites, resources, or services not owned or controlled by MBOA, Inc. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. We encourage you to review the privacy policies of any third-party sites you visit.

10. Intellectual Property

The App, including its design, code, graphics, icons, and branding, is owned by MBOA, Inc. and protected by applicable intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the App as intended.

11. Disclaimers

11.1 Not a Medical Service

BeSeen is a personal journaling tool. It is not a medical device, therapy service, or substitute for professional mental health care. If you are experiencing a mental health crisis, please reach out immediately:

• United States: Call or text 988 (Suicide & Crisis Lifeline), or call 911
• Canada: Call 1-833-456-4566 (Crisis Services Canada)
• United Kingdom: Call 116 123 (Samaritans)
• International: findahelpline.com

11.2 No Warranty

The App is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.3 Data Loss

While we take reasonable measures to protect your data, we cannot guarantee against data loss. Local data depends on your device's storage. We recommend keeping your device backed up.

12. Limitation of Liability

To the maximum extent permitted by applicable law, MBOA, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, or personal injury, arising out of or related to your use of the App.

Our total liability for any claim arising from the App shall not exceed $100 USD.

13. Indemnification

You agree to indemnify and hold harmless MBOA, Inc., its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your use of the App, your violation of these Terms, or your violation of any third party's rights. If you are a consumer in the EU/EEA/UK, this section applies only to the extent permitted by your local consumer protection laws.

14. Modification and Termination of Service

We may add, remove, or modify features of the App at any time for any reason, with or without notice. We may also suspend or stop providing the App entirely. We reserve the right to suspend or terminate your access to the App at any time, with or without cause, and with or without notice. Upon termination, your right to use the App ceases immediately. Provisions that by their nature should survive termination will survive.

15. Copyright and DMCA

We respect intellectual property rights and expect users to do the same. If you believe content available through the App infringes your copyright, please send a notice to help@beseen.love containing:

1. Identification of the copyrighted work you claim has been infringed.
2. Identification of the allegedly infringing material and information reasonably sufficient for us to locate it.
3. Your contact information (name, address, telephone, email).
4. A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
5. A statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.
6. Your electronic or physical signature.

We will respond to valid DMCA notices by removing or disabling access to the allegedly infringing content. Repeat infringers may have their accounts terminated.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by updating the “Last Updated” date. Continued use of the App after changes constitutes acceptance of the revised Terms. If you disagree with the changes, you should stop using the App.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. If you are a consumer in the EU/EEA/UK, you retain the benefit of any mandatory protections under the laws of your country of residence.

18. Dispute Resolution

Informal Resolution. Before filing any formal claim, please contact us at help@beseen.love and give us 60 days to resolve the dispute informally.

Binding Arbitration. If informal resolution fails, all disputes arising out of or relating to these Terms or the App shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except where prohibited by applicable law. The arbitration will be conducted in English. The arbitrator may award any relief a court of competent jurisdiction could award.

Class Action Waiver. To the maximum extent permitted by law, all claims must be brought in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims.

Opt-Out. You may opt out of this arbitration agreement by emailing help@beseen.love within 30 days of first using the App or agreeing to these Terms, stating that you wish to opt out. If you opt out, disputes will be resolved in the state or federal courts located in Delaware.

Small Claims. Either party may bring claims in small claims court if the claim qualifies.

EU/EEA/UK Consumers. If you are a consumer in the EU/EEA/UK, this arbitration section does not override your mandatory local consumer rights, including your right to bring claims in the courts of your country of residence.

19. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MBOA, Inc. regarding the App.

21. Contact Us

If you have questions about these Terms, contact us at: help@beseen.love

MBOA, Inc.
131 Continental Dr, Suite 305
Newark, DE 19713, United States