Legal
Terms of Service
AscMX OÜ — Health Journal · Symply Notes
Effective date: May 2025 — Version 1.2 · Sepapaja tn 6, 15551 Tallinn, Harju Maakond, Estonia · Registered in Estonia — EU GDPR Compliant — Available globally including the United States
These Terms apply to Health Journal — Symply Notes on iOS (Apple App Store) and Android (Google Play), available globally. Where terms differ by platform or region, this is clearly indicated.
Important
This App is not a medical device. It does not provide medical advice, diagnosis, or treatment. It is a personal journaling tool only. Do not use it to make health decisions. Always consult a qualified healthcare professional.
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and AscMX OÜ, a company registered in Estonia ("Company", "we", "us", or "our"), governing your access to and use of the "Health Journal — Symply Notes" mobile application and related services (collectively, the "App").
By downloading, installing, creating an account, or using the App in any way, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not use the App.
You must be at least 16 years of age to use the App. By using the App you confirm that you meet this requirement.
US Users: If you are a US resident, additional terms in Sections 13 (Arbitration), 14 (Class Action Waiver), 15 (HIPAA), and 16 (US State Privacy Rights) apply to you. Please read these carefully.
2. The App Is Not a Medical Device — Critical Limitations
This section is the most important part of these Terms. Please read it carefully before using the App.
2.1 Not a medical device
The App is a personal journaling and communication tool. It is expressly NOT a medical device as defined under:
- EU Regulation 2017/745 (EU Medical Device Regulation)
- The UK Medical Devices Regulations 2002
- The U.S. Federal Food, Drug, and Cosmetic Act (FD&C Act) and FDA regulations
- Any equivalent legislation in any other jurisdiction
The App has not been assessed, approved, certified, or registered as a medical device by any regulatory authority, including but not limited to the European Medicines Agency (EMA), the U.S. Food and Drug Administration (FDA), or any national competent authority.
2.2 No medical advice
Nothing in the App, including but not limited to:
- Voice transcriptions
- Structured journal entries
- Appointment briefs
- AI-generated summaries
- Pattern observations
- Suggested questions for use at your appointment
- Insights or trend information
...constitutes medical advice, clinical guidance, diagnosis, prognosis, treatment recommendation, or any other form of professional healthcare advice.
The App does not and cannot replace the professional judgement of a qualified and licensed healthcare provider. All content generated by the App is based solely on information you have chosen to enter and is processed by automated AI systems that have no clinical training, no awareness of your full medical history, and no ability to examine you.
2.3 No diagnosis
The App does not diagnose medical conditions. Any patterns, observations, or summaries produced by the App are organisational outputs intended to help you recall and communicate your own experiences. They are not clinical assessments and must not be interpreted as such.
2.4 Emergency situations
If you believe you are experiencing a medical emergency, call the emergency services in your country immediately (112 in the EU, 911 in the US, 999 in the UK). Do not use this App in an emergency situation. The App is not monitored and cannot contact emergency services on your behalf.
2.5 Mental health disclaimer
The App is not a mental health service, crisis service, or substitute for mental health treatment. If you are experiencing a mental health crisis, please contact a qualified mental health professional or a crisis helpline immediately.
US Users: contact the 988 Suicide and Crisis Lifeline by calling or texting 988. The Crisis Text Line is available by texting HOME to 741741.
EU Users: find local crisis services at www.findahelpline.com.
2.6 Your responsibility
You acknowledge and agree that:
- You will not use the App as a substitute for professional medical advice, diagnosis, or treatment
- You will always seek the advice of a qualified healthcare provider with any questions you have regarding a medical condition
- You will not disregard, delay, or discontinue professional medical advice based on anything produced by the App
- You understand that AI-generated summaries may contain errors, omissions, or inaccuracies
- You will review all App-generated content before using it at an appointment and correct any inaccuracies
- The decision to use any App-generated content at an appointment is entirely your own
- The App is a personal productivity tool and any perceived health benefit is incidental
3. Your Account
To use the App you must create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
You agree to provide accurate, current, and complete information during registration and to update it as necessary. You must notify us immediately at contact@symplynotes.com if you suspect any unauthorised access to your account.
We reserve the right to suspend or terminate accounts that breach these Terms, are found to be fraudulent, or have been inactive for more than 24 consecutive months following reasonable notice.
One account per person. You may not create accounts on behalf of others without their explicit informed consent.
4. Acceptable Use
You agree to use the App only for its intended purpose as a personal health journaling tool. You must not:
- Use the App for any unlawful purpose or in violation of any applicable law or regulation
- Attempt to reverse engineer, decompile, disassemble, or extract the source code of the App
- Use automated scripts, bots, scrapers, or other tools to access the App
- Attempt to gain unauthorised access to any systems or networks connected to the App
- Upload or transmit any content that is unlawful, harmful, defamatory, obscene, or infringes third-party rights
- Share your account credentials with any other person
- Use the App on behalf of another person without their explicit informed consent
- Attempt to circumvent any security, access control, or subscription enforcement measures
- Use the App to store information about another person without their knowledge and consent
- Resell, sublicense, or otherwise commercialise access to the App
5. AI Processing and Third-Party Services
The App uses artificial intelligence and third-party services to provide its features. By using the App you acknowledge and agree that:
- Your voice recordings will be transmitted to OpenAI's servers for transcription. Audio is deleted from our servers immediately after transcription.
- Transcribed text will be transmitted to Anthropic's servers for AI processing and structuring.
- Subscription entitlements are managed via RevenueCat, which receives only your app user ID and entitlement status.
- AI-generated outputs are produced by automated systems with no clinical knowledge and may contain errors, misinterpretations, or inaccuracies.
- You are solely responsible for reviewing all AI-generated content before relying on or using it.
- We do not guarantee the accuracy, completeness, currency, or fitness for purpose of any AI-generated output.
- AI technology is evolving and the capabilities, limitations, and behaviour of these systems may change over time.
Neither OpenAI nor Anthropic uses your data to train their AI models when accessed via their API services. For full details, see our Privacy Policy.
We are not responsible for the availability, accuracy, or conduct of third-party services. If a third-party service is unavailable, features of the App that depend on it may be temporarily unavailable.
6. Subscription and Payment
Certain features of the App require a paid subscription. Subscriptions are processed through the relevant app store platform and are subject to that platform's terms and conditions in addition to these Terms.
6.1 Platform billing
iOS: Subscriptions are processed by Apple via the App Store. Apple's Media Services Terms and Conditions apply.
Android: Subscriptions are processed by Google via Google Play. Google Play's Terms of Service apply.
6.2 Billing cycle
Subscription fees are billed in advance on a monthly or annual basis as selected at the time of purchase. Prices are displayed in the App before purchase and are inclusive of any applicable taxes where required by law.
6.3 Free trial
Where a free trial is offered, it will convert automatically to a paid subscription at the end of the trial period unless cancelled before the trial ends. You will be clearly informed of the trial duration and the price that will apply after the trial before you begin.
6.4 Cancellation
- iOS: Cancel at any time through your Apple ID account settings. Cancellation takes effect at the end of the current billing period. No partial refunds are issued except where required by Apple's refund policy or applicable law.
- Android: Cancel at any time through your Google Play account settings. Cancellation takes effect at the end of the current billing period. No partial refunds are issued except where required by Google's refund policy or applicable law.
6.5 Refunds
All refund requests are governed by the refund policy of the relevant app store platform. We do not process refunds directly. To request a refund, contact Apple or Google through your app store account.
US Users: US consumers may be entitled to a refund within 48 hours of purchase under certain state consumer protection laws.
EU Users: EU consumers have a 14-day statutory right of withdrawal from digital services unless they have expressly consented to the service commencing within this period and acknowledged that this right is thereby lost. By starting to use the App's paid features immediately after purchase, you consent to the service commencing immediately and acknowledge that your right of withdrawal is lost.
6.6 Price changes
We reserve the right to change subscription prices. You will be notified via the App and by your platform store at least 30 days before any price change takes effect. Continued use after a price change constitutes acceptance.
6.7 Taxes
You are responsible for any taxes, duties, or levies applicable to your subscription in your jurisdiction, except where we are legally required to collect and remit them.
7. Intellectual Property
The App, including its design, code, features, branding, trademarks, and all content created by us, is owned by AscMX OÜ and is protected by copyright, trademark, and other intellectual property laws of Estonia, the EU, the United States, and other applicable jurisdictions.
We grant you a limited, non-exclusive, non-transferable, revocable licence to use the App for personal, non-commercial purposes in accordance with these Terms. This licence does not include the right to sublicense, sell, resell, copy, modify, or create derivative works of the App.
You retain full ownership of all content you create within the App, including your journal entries and voice recordings. You grant us a limited, worldwide licence to process, store, and transmit that content solely for the purpose of providing the App's features to you. We acquire no other rights to your content whatsoever.
You must not use our trademarks, logos, or branding without our prior written consent.
8. Privacy and Data Protection
Your use of the App is subject to our Privacy Policy, which is incorporated into these Terms by reference. By agreeing to these Terms you also agree to our Privacy Policy.
We process your personal data in accordance with the EU General Data Protection Regulation (GDPR) and, where applicable, US state privacy laws including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA).
Health and wellness data you enter into the App is treated as sensitive personal data and is subject to the highest level of protection described in our Privacy Policy.
9. Disclaimers and Limitation of Liability
9.1 No warranties
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, accuracy, title, or non-infringement.
We do not warrant that the App will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not warrant that any AI-generated output will be accurate, complete, or suitable for any purpose whatsoever.
US Users: Some US states do not allow the exclusion of implied warranties. In such states, the above exclusions apply to the maximum extent permitted by applicable law.
9.2 Limitation of liability
To the maximum extent permitted by applicable law, AscMX OÜ shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from your use of or inability to use the App, including but not limited to:
- Any reliance placed on AI-generated content, journal summaries, or appointment briefs
- Any health or medical decision made based on App content
- Any failure to seek, or delay in seeking, professional medical advice
- Any loss or corruption of data
- Any interruption, suspension, or cessation of the App or any third-party service
- Any unauthorised access to or alteration of your data
- Any errors, inaccuracies, or omissions in AI-generated content
Our total aggregate liability to you for any and all claims arising from these Terms or your use of the App shall not exceed the greater of (a) the total subscription fees paid by you to us in the 12 months immediately preceding the claim, or (b) USD $100 / EUR €100.
US Users: Some US states do not allow the limitation of liability for certain types of damages. In such states, our liability is limited to the maximum extent permitted by applicable law.
Nothing in these Terms limits or excludes liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited by applicable law.
10. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless AscMX OÜ and its officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:
- Your breach of these Terms
- Your use of the App in violation of any applicable law or regulation
- Any content you submit through the App that infringes any third-party intellectual property, privacy, or other right
- Any reliance by a third party on content generated by the App that you have shared or used
- Your negligent or wilful misconduct
EU Users: This indemnification clause applies to the extent permitted under EU consumer protection law. It does not affect your statutory rights as an EU consumer.
11. Termination
You may terminate your account and stop using the App at any time by deleting your account through Settings > Delete Account within the App. Upon account deletion, your personal data will be deleted in accordance with our Privacy Policy.
We may suspend or terminate your access to the App immediately and without prior notice if you breach these Terms, engage in fraudulent or illegal activity, or if we are required to do so by law or a competent authority.
We may also discontinue the App entirely with 30 days' notice. In the event of discontinuation, we will provide a pro-rata refund of any prepaid subscription fees for the unused period.
Upon termination for any reason, your licence to use the App ceases immediately. The following sections survive termination: 2, 7, 9, 10, 12, 13, 14, 15, 16, and 18.
12. Changes to These Terms
We reserve the right to update these Terms at any time. When we make material changes, we will notify you via a prominent in-app notice and, where required by law, by email, at least 14 days before the changes take effect.
Your continued use of the App after the effective date of updated Terms constitutes your acceptance of those Terms. If you do not agree to the updated Terms, you must stop using the App and delete your account before the effective date.
The current version of these Terms is always available within the App under Settings > Terms of Service and at symplynotes.com/terms.
EU Users: If you are an EU consumer, material changes to these Terms that are to your detriment require your affirmative consent before they take effect.
13. Binding Arbitration (US Users Only)
US Users: This section applies only to users resident in the United States. EU and other non-US users are not subject to this section and should refer to Section 18 (Governing Law).
13.1 Agreement to arbitrate
If you are a US resident, you and AscMX OÜ agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App (collectively, "Disputes") will be resolved by binding individual arbitration rather than in court, except as set forth below.
You acknowledge that you are waiving your right to a jury trial and to participate in a class action. This arbitration agreement is governed by the Federal Arbitration Act (FAA).
13.2 Arbitration process
Arbitration shall be administered by JAMS under its Streamlined Arbitration Rules and Procedures, or if JAMS is unavailable, by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in English and, unless both parties agree otherwise, will be conducted by written submissions only.
If your claim does not exceed USD $10,000, the arbitration will be conducted solely on the basis of documents submitted. If your claim exceeds USD $10,000, you may request a telephonic hearing.
13.3 Costs
If you initiate arbitration, you will pay the applicable JAMS or AAA filing fee. We will pay all other arbitration fees and costs. If the arbitrator finds your claim frivolous, you may be required to reimburse our costs.
13.4 Exceptions
Notwithstanding the above, either party may seek relief in small claims court for disputes within that court's jurisdiction. Either party may also seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.
13.5 Opt-out
You may opt out of this arbitration agreement by sending written notice to legal@symplynotes.com within 30 days of first accepting these Terms. Your notice must include your full name, email address, and a clear statement that you are opting out of arbitration. Opting out does not affect any other provision of these Terms.
14. Class Action Waiver (US Users Only)
US Users: This section applies only to users resident in the United States.
To the fullest extent permitted by applicable law, you and AscMX OÜ agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative action or proceeding.
If this class action waiver is found to be unenforceable for a particular claim or dispute, then the arbitration agreement in Section 13 shall not apply to that claim or dispute, and that claim or dispute shall proceed in court subject to Section 18.
Some US states do not allow class action waivers in consumer contracts. If you reside in such a state, this waiver may not apply to you.
15. HIPAA Disclaimer (US Users Only)
US Users: This section applies only to users resident in the United States.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations apply to "covered entities" such as healthcare providers, health plans, and healthcare clearinghouses, and their "business associates."
AscMX OÜ is NOT a covered entity or business associate under HIPAA. The App is a personal consumer journaling tool and is not designed, intended, or approved for use by HIPAA-covered entities or for the storage or transmission of Protected Health Information (PHI) as defined under HIPAA.
Do not use the App to store or transmit information that you are legally required to protect under HIPAA. The App does not provide HIPAA-compliant data storage or transmission. If you are a healthcare professional, do not use the App to store patient information.
Any health information you enter into the App is voluntarily provided personal information for your own personal use. It is not PHI as defined under HIPAA and is governed solely by our Privacy Policy and these Terms.
16. US State Privacy Rights (US Users Only)
US Users: This section applies only to users resident in the United States.
16.1 California residents (CCPA/CPRA)
If you are a California resident, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) provides you with specific rights regarding your personal information:
- Right to know: request disclosure of categories and specific pieces of personal information we have collected about you.
- Right to delete: request deletion of personal information we have collected from you, subject to certain exceptions.
- Right to correct: request correction of inaccurate personal information we maintain about you.
- Right to opt out of sale or sharing: we do not sell or share your personal information for cross-context behavioural advertising.
- Right to limit use of sensitive personal information: we use sensitive personal information (including health data) only to provide the App's features to you.
- Right to non-discrimination: we will not discriminate against you for exercising any of your CCPA/CPRA rights.
To exercise your California privacy rights, contact us at privacy@symplynotes.com. We will respond within 45 days as required by California law.
We do not sell personal information as defined under the CCPA/CPRA. We do not share personal information for cross-context behavioural advertising.
16.2 Other US states
Residents of Virginia (VCDPA), Colorado (CPA), Connecticut (CTDPA), Texas (TDPSA), and other states with comprehensive privacy laws may have similar rights to access, correct, delete, and port their personal data, and to opt out of targeted advertising and profiling.
We honour these rights for all US users regardless of state. To exercise any of these rights, contact us at privacy@symplynotes.com. We will respond within 45 days.
We do not engage in targeted advertising, sell personal data, or use personal data for profiling that produces legal or similarly significant effects.
17. Third-Party Platform Terms
These Terms are between you and AscMX OÜ only. Apple and Google are not parties to these Terms and are not responsible for the App or its content.
iOS: As required by Apple — Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement or discharge of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
iOS licence scope: The licence granted to you for the App is limited to a non-transferable licence to use the App on any Apple-branded products that you own or control, and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
You must comply with any applicable third-party terms when using the App (for example, your wireless data service agreement).
Android: Google has no obligation to provide maintenance or support for the App. These Terms are between you and AscMX OÜ only. Google is not a party to these Terms and bears no responsibility for the App or its content.
18. Governing Law and Disputes
EU Users: For EU and all non-US users, these Terms are governed by the laws of the Republic of Estonia and applicable EU law. Any disputes that cannot be resolved informally shall be submitted to the courts of Tallinn, Estonia. Your statutory rights as a consumer in your country of residence are not affected. EU consumers may also use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
US Users: For US users, disputes are governed by the arbitration agreement in Section 13. To the extent a dispute is not subject to arbitration, it shall be governed by the laws of the State of Delaware, without regard to conflict of law principles, and resolved in the state or federal courts located in Delaware. You consent to personal jurisdiction in Delaware for such purposes.
Regardless of jurisdiction, nothing in these Terms affects any rights you may have under the mandatory consumer protection laws of your country or state of residence.
19. General
Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and AscMX OÜ regarding the App and supersede all prior agreements.
Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce it in the future.
Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of assets without restriction.
Language: These Terms are written in English. In the event of any inconsistency between a translated version and the English version, the English version shall prevail.
Force majeure: We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, internet or network outages, third-party service failures, pandemic, or government action.
No third-party beneficiaries: Except as expressly stated regarding Apple in Section 17, these Terms do not create any third-party beneficiary rights.
Notices: All legal notices to us must be sent to legal@symplynotes.com or to our registered address. We may provide notices to you via the App or the email address associated with your account.
Export compliance: You agree to comply with all applicable export and re-export control laws. You confirm that you are not located in a country subject to a US government embargo or designated as a "terrorist supporting" country, and that you are not listed on any US government list of prohibited or restricted parties.
20. Contact
For questions about these Terms:
AscMX OÜ
Sepapaja tn 6, 15551 Tallinn, Harju Maakond, Estonia
Legal enquiries: legal@symplynotes.com
Privacy matters: privacy@symplynotes.com
General support: contact@symplynotes.com
We aim to respond to all legal and privacy requests within 30 days (45 days for California privacy requests).
Terms of Service v1.2 — Health Journal · Symply Notes — AscMX OÜ — May 2025. Applies to iOS (App Store) and Android (Google Play) — Global including United States.