1. Right to Information

We inform you that the Platform: www.thebalancephone.com (hereinafter, the "Platform") is owned by The Balance Phone, S.L., (hereinafter, "THE BALANCE PHONE"), with Tax ID B56716897 and registered office at Via Augusta 195, 08021 Barcelona, Catalonia, (Spain), and registered with the Barcelona Commercial Registry, under Volume 49060, Folio 53, Page B-606155. Access to and/or use of any of the elements of the Platform grants you the status of User (hereinafter, the "User"), and you accept, from such access and/or use, this Legal Notice.

The User may contact THE BALANCE PHONE at the following email address: hello@thebalancephone.com

2. Use of the Platform

The Balance Phone is a technological solution aimed at fostering healthy digital habits and providing Users with a controlled digital environment. The Platform comprises the informational Website (www.thebalancephone.com), the Balance OS mobile application and, where applicable, the Balance Phone devices, consisting of Samsung devices with the Balance OS application irreversibly pre-installed by means of Samsung Knox.

Through the Balance OS application, THE BALANCE PHONE makes available to Users tools and functionalities aimed at limiting, restricting or conditioning access to certain applications and content on the mobile device.

The User acknowledges and accepts that Balance OS may involve functional limitations on the device, including the restriction of access to certain applications, content or system functionalities, as well as the impossibility of modifying, uninstalling or reverting the software in certain configurations of the device.

The User assumes responsibility for the use of the Platform. The Platform may provide access to a multitude of texts, graphics, drawings, designs, photographs, multimedia content and information (hereinafter, "Contents") belonging to THE BALANCE PHONE or to third parties to which the User may have access.

The User undertakes to make appropriate use of the Contents and services offered through the Platform and, by way of example but not limitation, not to use them to:

  1. Engage in unlawful, illegal activities or activities contrary to good faith and public order.
  2. Cause damage to the physical and logical systems of the Platform of THE BALANCE PHONE, of its suppliers or of third parties.
  3. Introduce or disseminate computer viruses or any other physical or logical systems on the network that may cause the aforementioned damages. 
  4. Attempt to access, use and/or manipulate the data of THE BALANCE PHONE, third-party suppliers and other Users.
  5. Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Contents, except with the express authorisation of THE BALANCE PHONE. 
  6. Suppress, conceal or manipulate Contents subject to intellectual or industrial property rights.
  7. Modify the Balance OS application in any way that affects its operation or the service offered. 
  8. Attempt to circumvent, remove or hack the technical restrictions implemented by Balance OS.

THE BALANCE PHONE warns that the materials contained in the Platform are of a purely informational nature.

THE BALANCE PHONE informs that any of the aforementioned conducts may result in the suspension of the service, reserving the right to investigate and report such actions.

THE BALANCE PHONE reserves the right to update Balance OS remotely, including modifications to its functionalities, restrictions or configuration, with the aim of improving security, performance and the User experience.

The User acknowledges and accepts that such updates may affect the operation of the device or the functionalities available on it.

Due to these operations or maintenance, accessibility to the Platform may be temporarily suspended.

THE BALANCE PHONE is not responsible for the use that Users may make of the Contents.

3. Intellectual and Industrial Property

Each and every one of the intellectual property rights over the content and graphic design of this Platform (by way of example, images, sound, audio, video, software or texts; trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.) are the exclusive property of THE BALANCE PHONE and/or of third parties that have formally authorised their use by THE BALANCE PHONE. Consequently, THE BALANCE PHONE holds the exclusive right to exploit such content and has all the necessary permissions for the use of images and information of third parties.

Therefore, pursuant to the provisions of Royal Legislative Decree 1/1996, of 12 April, approving the Consolidated Text of the Intellectual Property Law, and Law 17/2001, of 7 December, on Trademarks, as well as any other complementary legislation on intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution or public communication, including making available or any other form of commercial exploitation and/or modification of all or part of the content of the Platform, is prohibited, except with the prior express authorisation of THE BALANCE PHONE.

THE BALANCE PHONE does not grant any licence or authorisation to use any of its intellectual and industrial property rights or any other property or right related to the Platform and/or the services or content thereof.

The User undertakes to respect the Intellectual and Industrial Property rights owned by THE BALANCE PHONE. In this regard, the reproduction and temporary storage of the contents of the Platform is permitted insofar as it is strictly necessary for the use and viewing of the Platform from a personal device.

4. Data Protection

The use of this Platform may require the processing of personal data of the User. THE BALANCE PHONE will process such data in accordance with the applicable data protection regulations and as established in its Privacy Policy, which details the purposes of processing, legal bases, recipients, international transfers, retention periods and User rights.

For further information, the User may consult the Privacy Policy at the following link: link.

5. Liability and Warranties

THE BALANCE PHONE declares that it has adopted all the technical and organisational measures necessary, within its possibilities and taking into account the current state of technology, to ensure the correct operation of the Platform, to restrict access to inappropriate or addictive content and to minimise threats to Users' computer systems.

However, THE BALANCE PHONE cannot guarantee uninterrupted availability or the total absence of errors in access to the Platform, nor is it responsible for:

  • the lack of continuity and availability of the Contents and Services;
  • the presence of errors in such Content or the failure to correct any defects that may exist;
  • the truthfulness, integrity or updating of the data provided by Users;
  • the interruption of the operation of the Platform or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centres, in the Internet system or in other electronic systems, occurring in the course of its operation;
  • the presence of viruses or other harmful components;
  • any damage caused by third parties who infringe or violate the security systems of THE BALANCE PHONE;
  • access to inappropriate or addictive content in the event that the User manages to circumvent the technical restrictions implemented by Balance OS;
  • the loss of data, service interruptions or compatibility problems with third-party applications or services.

THE BALANCE PHONE assumes no responsibility for the accuracy, integrity or currency of the information provided on the Platform. The information offered is merely informational and is subject to change without prior notice.

Incidents related to the hardware of Balance Phone devices, as well as those related to the Samsung/Android system, will be handled by Samsung, without prejudice to the assistance that, where applicable, THE BALANCE PHONE may provide in the management of such incidents.

Likewise, the conditions applicable to the warranty and support of the Balance OS application, including incidents related to its software and, where applicable, to the Samsung/Android system, shall be governed by the provisions of THE BALANCE PHONE's Warranty Policy.

THE BALANCE PHONE cannot guarantee the absolute effectiveness of the blocking or restriction functionalities implemented in Balance OS, especially in the event of manipulation of the device, intervention by third parties, misuse by the User or technical limitations inherent to third-party operating systems or applications.

For further information, the User may consult said policy here: link.

6. Duration and Modification

This Legal Notice shall be in force for an indefinite period, with THE BALANCE PHONE being able to make changes to the conditions specified herein, which shall enter into force from the moment of their publication.

THE BALANCE PHONE may delete, add or change both the Contents and the services it provides, as well as the manner in which they appear located or presented. The conditions that are published at the time the User accesses the Platform of THE BALANCE PHONE shall be deemed to be in force.

Access to and/or use of the Platform shall be understood as acceptance by the User of this Legal Notice and its conditions and, where applicable, the changes made thereto.

7. Hyperlinks

THE BALANCE PHONE assumes no responsibility for links to other applications or websites found on the Platform of THE BALANCE PHONE, which may direct the User to other applications or websites over which THE BALANCE PHONE has no control of any kind.

In this regard, THE BALANCE PHONE is not responsible for the information contained in these third-party links nor for any effects that may arise from such information.

Therefore, the inclusion of links to other websites or applications does not imply the approval of their contents by THE BALANCE PHONE nor the existence of any kind of association between THE BALANCE PHONE and the owners of other websites or applications.

Consequently, the User accesses, at their sole responsibility, the Content and under the conditions of use that govern them.

8. Severability and Interpretation

This Legal Notice constitutes an agreement between each User and THE BALANCE PHONE.

If the competent authority declares any provision to be illegal, invalid or unenforceable, such declaration with respect to one or more clauses shall be without prejudice to the validity of the remaining clauses.

The fact that THE BALANCE PHONE does not require strict compliance with any of the provisions of this Legal Notice does not constitute and cannot be interpreted in any way as a waiver on its part to require strict compliance in the future.

9. General Information

THE BALANCE PHONE shall pursue any breach of this Legal Notice, as well as any improper use of its portal, by exercising all civil and criminal actions to which it may be entitled by law.

10. Notifications

THE BALANCE PHONE may make the appropriate communications through the email address provided by Users in the registration forms or through any other means provided in the User's contact details.