Terms of Service and General Conditions

These Terms of Service and General Conditions ("Terms") govern the relationship between Schumann Digital ("Schumann Digital", "we", "us", "our") and any person or entity ("you", "the Client", "the User") who engages our services, uses our applications, or purchases our subscriptions or licenses. They form a single agreement covering all of our offerings. Please read them carefully; by engaging our services, using our applications, or purchasing from us, you agree to be bound by these Terms.

1. Definitions

In these Terms, the following words have the meanings given below:

• Services: any service provided by Schumann Digital, including Odoo development, consulting and implementation, custom application development, the mobile applications, and any subscriptions or licenses we offer.
• Application or App: any mobile or web application published by Schumann Digital, including Sound Habit and future applications.
• Proposal or Budget: the written scope, deliverables, pricing, and timeline document we provide for a project engagement.
• Deliverable: any output produced for you under a Proposal, such as configuration, custom modules, integrations, or documentation.
• Subscription: a recurring paid plan for access to Services or software.
• License: a right granted to use software under defined conditions.
• Content: any data, text, or material you submit to, store in, or generate through our Services.

2. Acceptance of Terms

You must be of legal age and have the legal capacity to enter into a binding contract. Acceptance of these Terms occurs when you sign or approve a Proposal, use any of our Services or Applications, or purchase a Subscription or License, whichever happens first. If you accept these Terms on behalf of a company or other legal entity, you confirm that you are authorised to bind that entity. If you do not agree to these Terms, do not use our Services.

3. Overview of Services

Schumann Digital provides three broad categories of Services, each addressed in its own section below: (A) Odoo development, consulting and implementation; (B) mobile applications; and (C) subscriptions and licenses. The general clauses that follow (intellectual property, warranties, liability, data protection, and others) apply to all Services unless a section states otherwise.

Section A - Odoo Development, Consulting and Implementation

This section applies to project engagements in which we design, configure, develop, integrate, deploy, or support Odoo-based solutions for you.

A.1 Proposals and Scope

Each engagement is defined by a written Proposal based on the requirements you provide. The Proposal describes the functional and technical scope, the deliverables, the estimated timeline, and the price. Only what is expressly stated in the Proposal is included. Any requirement not captured in the Proposal is considered out of scope and, if requested later, is handled as a change (see A.5).

A.2 Project Model and Phases

We generally work in iterative phases with continuous communication, allowing priorities and requirements to be adjusted as the project progresses. Work begins after the Proposal is approved and any applicable initial invoice is settled. We appoint a point of contact to coordinate the engagement and align on objectives, plan, and next steps at a kick-off stage.

A.3 Deliverables and Acceptance

When a deliverable or milestone is completed, we make it available for your validation. You agree to review deliverables promptly. A deliverable is considered accepted when you confirm acceptance, or when it is put into productive use, or after a reasonable validation period has passed without written, substantiated objection. After go-live we provide a short adaptation period for clarifications and minor adjustments within the agreed scope; new developments, scope changes, or additional training are not included in that period.

A.4 Custom Development, Integrations and Third-Party Apps

Custom developments and integrations are estimated and, where agreed, billed on a time basis. Where a suitable third-party application can meet a need, we may propose it; its acquisition cost and the effort to install, configure, and test it are your responsibility and are quoted separately. We are not responsible for defects, limitations, or delays originating in third-party software or in the Odoo base software itself, which are the responsibility of their respective providers.

A.5 Changes to Scope

Any change to the agreed scope requires written formalisation and may adjust the timeline and the price. We will provide a supplementary quotation for material changes, which requires your acceptance before the additional work proceeds.

A.6 Version Updates and Migrations

Updates to the Odoo base software are governed by the terms of the relevant Odoo edition or subscription. Updating custom developments to a new version is not automatically included and may be quoted separately depending on complexity, unless covered by an active maintenance contract.

A.7 Payment Terms

Prices, milestones, and payment schedules are set out in the Proposal or invoice. Invoices are payable by the due date stated. We may suspend the provision of Services, support, and updates while any invoice is overdue. Time spent on analysis, project management, meetings, and support requests may be accounted for and billed in line with the Proposal.

A.8 Support and Maintenance

Deliverables placed in production include a short warranty period during which we correct defects in our work at no additional cost. After the warranty period, corrections, maintenance, and enhancements are provided under an active support or maintenance arrangement, which may carry additional costs.

Section B - Mobile Applications

This section applies to your use of Schumann Digital mobile applications, including Sound Habit (a habit and health tracking app) and future applications we publish.

B.1 Accounts and Google Sign-In

Accounts in our Applications are created and accessed through Google Sign-In. When you sign in, Google shares a limited set of profile information (such as your name, email address, and account identifier) with us so we can create and identify your account. We do not receive or store your Google password. You are responsible for keeping the Google account you use secure and for all activity under your account.

B.2 Data We Store and Where

Our Applications store the information you choose to record, including the habits you create and the entries you log against them, which may include health-related values such as blood pressure, weight, and sleep, together with any dates and notes you attach. This data, and the basic account information from Google Sign-In, is stored on self-hosted infrastructure operated by Schumann Digital. We do not sell your data; we use it to provide the Application's functionality to you. We apply reasonable technical and organisational measures to protect it, but no method of storage or transmission is completely secure.

B.3 Acceptable Use of the Applications

You agree to use the Applications only for lawful purposes, not to attempt unauthorised access to the Applications or their infrastructure or to other users' data, not to interfere with or place undue load on them, and not to reverse engineer them except to the extent permitted by law. You are responsible for the accuracy of the information you enter.

B.4 Not Medical Advice

The Applications, including Sound Habit, are personal habit and health tracking tools. They are not a medical device and do not provide medical advice, diagnosis, or treatment. Health-related values you record, such as blood pressure, weight, and sleep, are stored for your own tracking convenience only. The Applications do not interpret these values, do not monitor them for medical purposes, and must not be relied upon for any medical decision. Always seek the advice of a qualified physician or other healthcare professional regarding a medical condition, and never disregard or delay professional medical advice because of anything recorded in or read from an Application. If you think you may have a medical emergency, contact your doctor or emergency services immediately.

Section C - Subscriptions and Licenses

This section applies when you purchase a paid plan, a subscription, or a software license from Schumann Digital.

C.1 Subscriptions and Billing

Paid plans and subscriptions are billed in advance for each billing period at the price and cadence stated at the time of purchase. By purchasing a Subscription you authorise us to charge the applicable fees for each period until the Subscription is cancelled in accordance with these Terms.

C.2 Renewal and Cancellation

Unless stated otherwise, Subscriptions renew automatically for successive periods of the same length. You may cancel a Subscription before the start of the next billing period to stop future renewals; cancellation takes effect at the end of the current period, and you retain access until then.

C.3 Refunds

Except where a refund is required by applicable law, fees for Subscriptions and Licenses are non-refundable once the billing period has started or the License has been made available. Cancelling before the end of a period does not entitle you to a refund or a pro-rated credit for the remaining period. We may, at our discretion and without setting a precedent, grant a credit in exceptional, justified cases.

C.4 License Grant and Restrictions

Where we grant you a License, it is a non-exclusive, non-transferable right to use the licensed software for your own internal purposes, for the duration and within the limits stated at purchase. You may not sublicense, resell, redistribute, or bundle the licensed software, nor remove or alter proprietary notices, without our prior written consent. Licenses to third-party or Odoo software are additionally governed by the terms of their respective providers.

General Clauses

4. Intellectual Property

All intellectual property rights in our pre-existing materials, tools, know-how, and generic components remain ours. Subject to full payment, you receive the rights expressly granted in the applicable Proposal or License to use the Deliverables for your own purposes. You retain ownership of your own Content. You grant us the limited rights necessary to process your Content solely to provide the Services. Third-party and open-source components remain governed by their own licenses.

5. Warranties and Disclaimers

We provide the Services with reasonable skill and care. Except as expressly stated in these Terms or a Proposal, and to the fullest extent permitted by law, the Services and Applications are provided "as is" and "as available" without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services or Applications will be uninterrupted, error-free, or that any data will be preserved without loss.

6. Limitation of Liability

To the fullest extent permitted by law, Schumann Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages, nor for any loss of profits, business, data, or health outcomes, arising out of or in connection with the Services or Applications or your inability to use them. To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with the Services shall not exceed the amounts actually paid by you to us for the specific Service giving rise to the claim in the twelve months preceding the event. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

7. Data Protection and Privacy

We process personal data in accordance with the EU General Data Protection Regulation (GDPR) and applicable Portuguese data protection law. We process personal data only for the purposes of providing the Services, on the basis of your agreement, our contract with you, our legitimate interests, or a legal obligation. Where we process personal data on your behalf as part of an engagement, we act as processor under your instructions and both parties will, where required, enter into a data processing agreement. You have the rights afforded by the GDPR, including access, rectification, erasure, restriction, portability, and objection, exercisable via the contact below. We retain personal data only as long as necessary for the purposes for which it was collected or as required by law.

8. Confidentiality

Each party may receive confidential information of the other in the course of the relationship. Each party agrees to keep the other's confidential information secret, to use it only for the purpose of the engagement, and not to disclose it to third parties except to those who need it and are bound by equivalent obligations, or where disclosure is required by law. This obligation survives termination.

9. Term and Termination

These Terms apply for as long as you use the Services, hold a Subscription or License, or have an active engagement with us. Either party may terminate an engagement or Subscription in accordance with the applicable Proposal or the cancellation terms above. We may suspend or terminate your access to the Services, with or without notice, if you materially breach these Terms, fail to pay amounts due, or where required by law. On termination, amounts due for Services already provided remain payable, and clauses that by their nature should survive (including intellectual property, confidentiality, liability, and governing law) continue to apply.

10. Changes to These Terms

We may amend these Terms to reflect legal changes, operational improvements, or the evolution of our Services. Amendments take effect from the date they are published on our website or otherwise notified to you. We will provide notice of material changes where appropriate. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms; if you do not agree, you should stop using the Services and may terminate in accordance with these Terms.

11. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Portugal, without regard to conflict of law rules. The courts of Portugal shall have jurisdiction over any dispute arising out of or relating to these Terms or the Services, to the extent permitted by applicable law, without prejudice to any mandatory consumer protection rights you may have.

12. Contact

For any question about these Terms, your data, billing, or our Services, please contact us at contact@victorschumann.com.