Terms and Conditions for Fern

Last updated: July 5, 2025

Welcome to Fern, a guided meditation app that generates personalized audio sessions based on your mood and journal input. These Terms and Conditions (“Terms”) govern your use of the Fern mobile application, website, and services (collectively, the “Service”).

By using Fern, you agree to these Terms. If you do not agree, you must not use the Service.

1. What Fern Does

Fern is a mindfulness platform that helps you:

  • Submit daily mood ratings (1–10) and journal reflections

  • Receive custom AI-generated meditations with binaural audio

  • Track emotional trends over time

  • Download and store personalized meditation files

Fern is designed to support emotional self-awareness and long-term well-being.

2. Data You Provide & How It’s Used

When using Fern, you may enter:

  • Free-form journal entries

  • A self-rated mood score

  • Metadata such as time, location (if enabled), and app usage patterns

We use this data to generate personalized audio meditations, power emotional insight tools, and improve the app’s performance.

You retain full ownership and rights to your journal entries and the audio files created from them. You can download and use your files without restriction.

3. Profile Building and Internal Use

To personalize your experience, Fern builds a longitudinal emotional profile over time using:

  • Your journal content

  • Mood history

  • Derived indicators (e.g. tone, sentiment, recurring themes)

This profile is linked to your account and used solely by Fern to:

  • Improve personalization

  • Provide emotional insight tools

  • Power future features, like daily prompts and long-term trend analysis

4. Derived Data and Commercial Use

Fern may create derived, pseudonymized data from your input (e.g. “User 1234 had rising anxiety signals over 6 weeks”) to:

  • Improve product performance

  • Conduct internal research

  • License aggregated, non-identifiable insights to third parties

Fern may sell or license derived insights, but we will never sell your raw journal entries, identifiable personal data, or audio files.

Derived data may include behavioral models, emotional trend indicators, and de-identified usage analytics.

5. Third-Party Services and Data Processing

Fern uses third-party services (e.g. for natural language processing and audio generation). To function, your input data (journal and mood) is transmitted to these services, but:

  • It is pseudonymized (linked to an internal user ID, not name or email)

  • No direct personally identifying information (PII) is shared

  • These services are contractually bound not to reuse, resell, or store your data beyond their processing role

You acknowledge and consent to this data transmission as necessary for the app to work.

6. Data Storage and Security

All input and generated data is stored securely on Fern’s servers. We use industry-standard encryption and access controls to protect your data.

You may request:

  • A copy of your data

  • Deletion of your data and/or your account

To do so, contact us at [insert contact email].

7. GDPR and Privacy Compliance

Where applicable, Fern complies with the General Data Protection Regulation (GDPR), including:

  • Right to access, correct, and delete personal data

  • Lawful basis for processing (your consent, contractual need, and legitimate interest)

  • Data minimization and security measures

Fern does not engage in automated decision-making that significantly affects users without human oversight.

8. User Responsibilities

You agree:

  • Not to use Fern for any unlawful or abusive purpose

  • That you are at least 16 years old, or using Fern with legal guardian consent

  • That you understand Fern is a wellness tool, not a substitute for professional medical or psychological care

9. Disclaimers and Limitations

Fern is provided “as is”, without warranties or guarantees of outcomes. We do not:

  • Guarantee any therapeutic or medical benefit

  • Accept responsibility for emotional or psychological effects of using the app

  • Ensure uninterrupted access or flawless performance

If you are prone to seizures, auditory sensitivity, or disorientation, consult a medical professional before using audio-based features such as binaural beats.

10. Account Deletion and Termination

You may stop using Fern or request account deletion at any time.

Fern may suspend or terminate access if you violate these Terms or abuse the platform.

Upon deletion, Fern will either delete your personal data or pseudonymize it, depending on the nature of the information and applicable laws.

11. Modifications to Terms

We may revise these Terms from time to time. The “Last Updated” date will reflect the latest version.

Continued use of Fern after changes means you accept the updated Terms. For significant changes, we may notify you via email or in-app alerts.

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Privacy Policy for Fern

Last updated: July 5, 2025

Fern (“we,” “our,” or “us”) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, and share information when you use our mobile app, website, and services (“Fern” or “the Service”).

By using Fern, you agree to the terms of this Privacy Policy.

1. Information We Collect

We collect the following types of information:

a. User-Provided Information

  • Journal entries (text)

  • Mood ratings (1–10)

  • Email address or login credentials (if account-based)

  • Optional demographic info (if submitted)

b. Automatically Collected Information

  • App usage data (e.g. time of day used, session length)

  • Device info (e.g. operating system, model)

  • IP address (for service delivery and analytics)

2. How We Use Your Information

We use your data to:

  • Generate personalized guided meditations

  • Improve audio quality and user experience

  • Build an internal emotional profile to personalize features

  • Track trends and provide mood insights

  • Communicate with you (e.g., support, product updates)

3. Data Retention and Storage

  • All journal entries and audio files are stored securely on our servers.

  • You may request deletion of your data at any time.

  • We retain de-identified or derived data for research and service development.

4. Derived Data and Analytics

We may process your inputs to create derived indicators, such as:

  • Emotional tone

  • Longitudinal mood shifts

  • Behavioral patterns (e.g. journaling frequency, sentiment)

These indicators may be used internally for personalization and may be shared or sold externally in anonymized or pseudonymized form. We do not sell your raw input or identifiable data.

5. Third-Party Services

We use third-party APIs to process text and generate audio. These services may receive:

  • Journal content and mood ratings (pseudonymized)

  • Session identifiers (not your name or email)

We do not allow third-party services to retain or sell your data.

6. Legal Basis for Processing (GDPR)

For users in the European Union, we rely on the following legal bases:

  • Consent: for collecting and storing journal entries

  • Contractual necessity: to provide the service

  • Legitimate interest: for app improvement and derived analytics

You may withdraw consent at any time.

7. Your Rights (GDPR & Other Laws)

Depending on your jurisdiction, you may have the right to:

  • Access the data we have about you

  • Correct inaccurate data

  • Request deletion

  • Object to certain uses of your data

  • Export your data in a portable format

To exercise these rights, contact us at [insert contact email].

8. Children’s Privacy

Fern is not intended for use by children under 16 without parental consent. If we learn we’ve collected data from a child without proper consent, we will delete it.

9. Security

We use encryption, access controls, and secure data practices to protect your information. No system is 100% secure, but we take all reasonable steps to keep your data safe.

10. Changes to This Policy

We may update this Privacy Policy. If we make material changes, we’ll notify you via email or through the app.