Find your digital balance I www.balnz.io

Terms & Conditions

In force since 20 February 2023

1. Introduction

The Balnz application (the ‘Application’) is managed and operated under the responsibility of :

Balnz (‘Balnz’ or ‘We’) is a brand of MEDIATEC SRL

Rue du dragon 62 - 1640 Rhode-Saint-Genèse - Belgium

BE 897 799 435

The Application includes all Balnz products, functionalities, applications, services, technologies and software that we provide to you in order to achieve Balnz's objective: to motivate Users to find their digital balance. The Application includes the following services:

Tracking Users' activity time on their smartphones;
Suggesting challenges to reduce activity time on smartphones;
Rewarding Users who successfully complete the suggested challenges;
Offer personalised opportunities to reward Users who successfully complete the suggested challenges;
Share the results of suggested challenges;
Any questions or complaints relating to the Application or these terms of use (the ‘Terms’) should be directed to Balnz at the above address or by email: privacy@balnz.io.

2. Acceptance of the Terms

Access to the Application is subject to these Terms and the applicable regulations. Access to the Application therefore implies full and unreserved acceptance by the user (the ‘User’) of the Conditions.

The Terms and Conditions can be consulted at any time in the Application and on the www.balnz.io.

3. Accessibility and operation of the Application

Balnz ensures that the Application is up to date and remains accessible to a normal number of Users. However, Balnz does not guarantee that the functions of the Application will be available without interruption or without error, that defects will be corrected immediately or that the server that makes the Application available will be free of viruses or other harmful components.

Balnz cannot be held liable for any loss or damage of any nature whatsoever resulting from the suspension, interruption, disruption, slowed accessibility and/or cessation of accessibility to all or part of the Application or from viruses on the Application.

If the User notices the presence of an error, virus or other harmful element on the Application, he/she is invited to notify Balnz at the following address: privacy@balnz.io so that the necessary measures can be taken. In any event, Balnz advises the User to install the necessary firewalls, anti-virus and other protection software on his/her computer to prevent any damage to it.

Balnz retains the right to suspend or discontinue all or part of the Application at any time, without justification and without prior notice.

4. Age and use of the Application

To use the Application, the User must (i.) be 13 years of age or older, (ii.) have the consent of a parent or guardian if he/she is under 13, and (iii.) reside in Belgium. The User also guarantees that all data submitted to Balnz at the time of registration are true, accurate and complete, and the User undertakes to ensure that they remain so. If the User is under 13 years of age, his/her parent or guardian must accept these GCU on his/her behalf. If the User does not meet the minimum age requirement, Balnz will not be able to register him/her as a user of the Application.

The User undertakes to use the Application solely for its intended purpose, to the exclusion of any other purpose.

The User undertakes to ensure that all the information he/she provides is accurate and up to date.

The User undertakes to use the Application in good faith and to comply with current legislation, and in particular to refrain from :

send content or communications to Balnz that are false or misleading (and to update such content as necessary to ensure that it does not become false or misleading), obscene, racist or xenophobic, abusive, unlawful, false, invasive of another's privacy, offensive, harmful, violent, threatening or harassing, defamatory, infringing of any intellectual property right or any other right, or that encourages or participates in any of the foregoing;
provide email addresses or other types of content to Balnz without the prior consent of the persons concerned;
send Balnz content that violates the rights of a third party or harms them in any way whatsoever (intellectual property rights, privacy, business secrets, etc.);
send Balnz content that directs to illegal websites or that contains inappropriate content;
use the Application to send junk mail, unsolicited mail, pyramid schemes or any similar or fraudulent process;
any action that may have the effect of disrupting the proper functioning of the Application, including the use of worms, viruses, software bombs or mass mailings;
attempt to breach unauthorized access to any part of the Application or to equipment used to operate the Application;
use a false name, pseudonym or take advantage of the identity of another person.
use the Application for purposes other than those set out in the Terms and Conditions.

Balnz may in no way be held liable in the event of non-compliance by the User with the Conditions and/or applicable laws or regulations. The User indemnifies Balnz against any action, claim or complaint by third parties (including public authorities) relating to his use of the Application.

The User uses the Application at his own risk. The Application, its components and all related information, software, facilities and services are provided on an ‘as is’ and ‘as available’ basis without warranty of any kind (either express or implied) and within the limits of applicable law.

Balnz accepts no liability for any loss or damage (direct, indirect, material or immaterial) resulting from the use of the Application and its components, or from the inability to use the Application.

The User is also required to inform Balnz immediately in writing if he/she becomes aware of any inappropriate behaviour or use in connection with the Application by sending an email to the following address: privacy@balnz.io.

5. Links to other websites

Hypertext links to other websites may appear on the Application. In addition, certain websites may include a link to the Application. These third-party sites are not controlled by Balnz, which therefore assumes no responsibility for their operation, content or use. Unless expressly stated otherwise by Balnz on the Application, the existence of such links does not imply any approval by Balnz of these third-party sites or the use that may be made of them, nor any association or partnership with the operators of these sites.

6. Intellectual property rights

The Application and its components (trademarks, logos, graphics, photographs, animations, videos, music, texts, etc.) are the property of Balnz. They are protected by intellectual property rights (in particular copyright, design rights, trademark rights, etc.) and may not therefore be reproduced, used or distributed without the prior written authorisation of Balnz or, where applicable, the holder of the rights concerned, on pain of constituting an infringement of copyright and/or design rights and/or trademark rights.

Balnz hereby grants the User a non-exclusive, non-transferable licence, for an indefinite period and revocable at any time without giving any reason, to access, display and download the content of the Application solely for display purposes. The User may also print a copy of the content displayed on the Application for his/her own personal use, provided that he/she does not alter the content of the Application in any way and that he/she retains all indications of authorship and origin of the Application. Reproduction is therefore only authorised for strictly private purposes within the meaning of article XI.190.5° of the Code of Economic Law.

Any use of the Application and its components not covered by this article is strictly prohibited.

7. Complaints

To be valid, any complaint by the User relating to the Application must be communicated in writing within eight (8) calendar days of becoming aware of the event giving rise to the complaint. The absence of any dispute in accordance with the aforementioned rules implies the User's unconditional and unreserved acceptance of the event giving rise to the complaint and, de facto, the definitive waiver of any claim in this respect.

8. Validity of the Conditions

Balnz's failure to rely on any provision of these Terms and Conditions at any given time shall not be construed as a waiver of its right to assert any rights thereunder at a later time.

The nullity, lapse or unenforceability of all or part of one of the preceding or following provisions shall not result in the nullity of the Conditions as a whole. The provision that is wholly or partially null, void or unenforceable shall be deemed unwritten. Balnz undertakes to replace this provision with another that pursues, as far as possible, the same objective.

9. Applicable law and jurisdiction

The validity, interpretation and/or performance of the Conditions are subject to Belgian law, to the fullest extent permitted by the applicable rules of private international law.

In the event of a dispute relating to the validity, interpretation or performance of the Conditions, the Courts and Tribunals of the judicial district of Brussels shall have exclusive jurisdiction, to the fullest extent permitted by the applicable rules of private international law.

Before taking any steps to resolve a dispute in court, the User and Balnz undertake to try to resolve it amicably. To this end, they shall first contact each other, before resorting, where appropriate, to mediation, arbitration or any other alternative dispute resolution method.