Privacy Policy, Terms and Conditions, and End-User License Agreement (EULA)

Company (Controller under GDPR/UK GDPR/Swiss LPD)

Sswitch Neuro Performance Solutions GmbH
Platz 3, Root D4, 6039 Root, Switzerland

Website: https://www.soma-npt.ch
Contact: hi@soma-npt.ch

Interpretation and Definitions

Interpretation

Words with initial capitals have meanings defined below. The same meanings apply whether they appear in singular or plural.

Definitions

Account

a unique account created for You to access our Service.

Affiliate

an entity that controls, is controlled by, or is under common control with a party (control = 50%+ ownership or voting power).

Application

the software provided by the Company on any device or via cloud, named Soma NPT, Soma Analytics, Soma NPT Vision, and Soma Breathe.

Business (CCPA/CPRA)

the Company as the legal entity that determines purposes and means of processing personal information.

Company

(“the Company”, “We”, “Us”, “Our”): Sswitch Neuro Performance Solutions GmbH, Platz 3, Root D4, 6039 Root, Switzerland.

Consumer (CCPA/CPRA)

a California resident.

Cookies

small files placed on Your device by a website.

Country

Switzerland.

Data Controller (GDPR/UK GDPR/Swiss LPD)

the Company as the legal person determining purposes and means of processing Personal Data.

Device

any device that can access the Service (computer, phone, tablet).

Do Not Track (DNT)

a browser signal about tracking preferences.

Facebook Fan Page

“Somatechnologies” — https://www.facebook.com/Somatechnologies

Personal Data

any information relating to an identified or identifiable individual.

Sale/Share (CCPA/CPRA)

“sell” = disclosure for monetary/valuable consideration; “share” = disclosure for cross-context behavioral advertising.

Service

the Application(s) and/or Website.

Service Provider

a processor acting on Our behalf.

Third-party Social Media Service

a site or service through which a User can log in or create an account to use the Service.

Usage Data

data collected automatically (e.g., app events, diagnostics, durations).

Website

Soma NPT, https://www.soma-npt.ch

You

the individual using the Service, or the company/organization on whose behalf the individual uses the Service (the “Data Subject” under GDPR/UK GDPR/Swiss LPD).

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

We may collect:

• Email address
• Password (stored as a non-reversible cryptographic hash)
• Optional profile info (e.g., display name)
• Communications you send us (support requests, feedback)

Usage Data

Collected automatically and may include IP address, browser type/version, pages/screens visited, timestamps, session duration, crash logs, device IDs, and other diagnostics. On mobile, we may collect device type, OS, app version, and diagnostics.

Information from Third-Party Social/SSO

If you register or log in via Google, Apple, Facebook, or X (Twitter), we may receive your name, email, and an authentication token. You can revoke access in your third-party settings at any time.

Information Collected while Using the Application

With your explicit permission, the apps may access your camera or photo library for features you request (e.g., profile photo). You can enable/disable access in device settings.

Biometric / TrueDepth & Eye-Tracking (iOS)

On supported Apple devices and only with your explicit, opt-in consent, the apps may process on-device face/eye data to enable eye-tracking interactions (e.g., screen coordinates to highlight/select buttons). We do not collect, store, or transmit Face ID templates or raw facial imagery off your device. You can disable access in system settings.

Tracking Technologies and Cookies

We use cookies and similar technologies (SDKs, pixels, local storage) to operate, secure, and improve the Service.

Necessary (session)

core functionality, authentication, fraud prevention.

Preferences (persistent)

remember settings (e.g., language).

Performance/Analytics (persistent; may be third-party)

usage and diagnostics.

Advertising/Remarketing (persistent; may be third-party)

interest-based ads and measurement.

Manage preferences via our cookie banner and your browser/device settings. Where required by law, we honor Global Privacy Control (GPC) signals as an opt-out of “sale”/“share”.

Use of Your Personal Data

We may use Personal Data to:

• Provide and maintain the Service (including monitoring, security, troubleshooting).
• Manage your Account and provide support.
• Perform a contract and process transactions you request.
• Contact you about updates, security alerts, and administrative messages.
• Provide news, special offers, and information about similar goods/services/events (you can opt out).
• Personalize and improve the Service, including analytics, testing, and research.
• Deliver and measure advertising/remarketing (where permitted).
• Facilitate business transfers consistent with this Policy.
• Comply with legal obligations and protect rights, property, and safety.
• Any other purpose with your consent.

Sharing Your Personal Data

We may share Personal Data:

• With Service Providers/Processors (hosting, analytics, crash reporting, support, communications, payments, security, advertising/remarketing where permitted).
• With Business Partners to offer products/services or promotions.
• For Business Transfers (e.g., merger or acquisition).
• With other users when you interact publicly or connect social accounts.
• With Authorities as required by law or to protect rights and safety.
• With your consent for any other purpose.

Sub-processors

We use vetted providers to process data on Our behalf (e.g., hosting, analytics, communications, payments).

Retention

We retain Personal Data only as long as necessary for the purposes set out in this Policy (including legal, accounting, or reporting requirements). Examples:

• Account/profile data: life of account + 12 months
• Support communications: 24 months
• Authentication & security logs: 12 months (longer if needed for security)
• Billing/transaction records (where applicable): 10 years (Swiss accounting rules)

International Transfers

Where Personal Data is transferred outside your country, we implement appropriate safeguards (e.g., EU Standard Contractual Clauses, UK IDTA/Addendum, Swiss-approved mechanisms) and, where necessary, supplementary measures. Copies of relevant safeguards are available on request.

Disclosure

Business Transactions

If the Company is involved in a merger, acquisition, or asset sale, Personal Data may be transferred. We will provide notice before your Personal Data is subject to a different Privacy Policy.

Law Enforcement and Legal Requirements

We may disclose Personal Data as required by law, in response to valid requests by public authorities, and to protect the rights, property, or safety of the Company, users, or the public.

Security

We implement appropriate technical and organizational measures designed to protect Personal Data. However, no method of transmission or storage is 100% secure.

Detailed Processing Information

Analytics

Google Analytics / Firebase (Google LLC): to understand usage and improve performance. You can manage certain opt-outs via device settings and Google tools.

Payments

For paid products/services, we use third-party processors and do not store full payment card details.

• Apple In-App Payments: see Apple’s privacy resources.
• Stripe: see Stripe’s Privacy Policy.

Behavioral Remarketing / Advertising

We may use remarketing services (e.g., Google Ads, Meta) to advertise after you visit our Service. Vendors use cookies or similar tech to recognize your device and provide interest-based ads.

Your Ad Choices

• Use industry opt-out tools (NAI/DAA/EDAA).
• Adjust device settings (“Limit Ad Tracking” on iOS; “Opt out of Ads Personalization” on Android).
• Use Google Ads Settings and Meta ad preferences.
• Where required by law, we honor GPC as an opt-out of “sale”/“share”.

GDPR/UK GDPR/Swiss LPD

Legal Bases

Consent; performance of a contract; legal obligation; vital/public interest; and legitimate interests (e.g., security, service improvement).

Your Rights

Subject to conditions and exceptions, you may have rights to access, rectify, erase, restrict, object (including to direct marketing), data portability, and withdraw consent. You may lodge a complaint with a supervisory authority. To exercise rights: hi@soma-npt.ch.

Facebook Fan Page

As operator of https://www.facebook.com/Somatechnologies, the Company and Meta Platforms act as joint controllers for Insights data. Meta places a cookie on visitors and provides anonymized statistics to us. See Meta’s terms and privacy policy.

CCPA/CPRA (California)

Categories Collected (past 12 months)

1. Identifiers — Yes
2. Customer Records (limited contact/billing via processors) — Yes
3. Protected Classifications — No
4. Commercial Information — Yes
5. Biometric — No (TrueDepth on-device only; not stored/collected off-device)
6. Internet/Network Activity — Yes
7. Geolocation (approximate) — No (unless enabled in OS for a feature)
8. Sensory — No
9. Professional/Employment — No
10. Non-public Education — No
11. Inferences — No

Sources

Directly from You; automatically from Your device/use; from Service Providers (analytics, payments, advertising partners).

Disclosures for Business/Commercial Purposes (12 months)

We may have disclosed categories A, B, D, and F to Service Providers and partners.

Sale/Share

We do not sell Personal Information for money. We may share Personal Information (as defined by CPRA) for cross-context behavioral advertising. You may opt out. We do not have actual knowledge of selling PI of consumers under 16.

Your CCPA/CPRA Rights

Notice; know/access (including specific pieces); correct; delete; opt out of sale/share; data portability; non-discrimination. We do not use “sensitive personal information” beyond limited, allowed purposes.

Your US State Privacy Rights (CA/CO/CT/VA/UT)

Depending on your state, you may have rights to access, correct, delete, obtain a portable copy of your Personal Data, opt out of targeted advertising, and (where applicable) appeal a decision. To exercise or appeal: hi@soma-npt.ch (subject: “Privacy Appeal”). We’ll respond within 45 days (or earlier if required).

Do Not Sell or Share My Personal Information

To opt out, email hi@soma-npt.ch and/or enable a Global Privacy Control (GPC) signal in a supported browser. Opt-outs are browser/device-specific.

“Do Not Track” (CalOPPA)

We do not respond to DNT signals (no common standard). Where required by law, we honor GPC as an opt-out of sale/share.

Children’s Privacy

Our Services are not directed to children under 13 (or under 16 where required by law). We do not knowingly collect Personal Data from children. If we learn that a child has provided Personal Data, we will delete it. If you believe a child has provided Personal Data, contact hi@soma-npt.ch. If you are under the age of majority in your jurisdiction, you should use the Service only with parent/guardian consent where required by law.

Links to Other Websites

Our Service may contain links to third-party websites not operated by Us. We are not responsible for their content or privacy practices.

Changes to this Privacy Policy

We may update this Policy from time to time. We will post the new Policy on this page and update the “Last updated” date. When required, we will provide additional notice.

Contact

hi@soma-npt.ch — https://www.soma-npt.ch

Interpretation and Definitions

Application

Soma NPT, Soma Analytics, Soma NPT Vision, and Soma Breathe (cloud or download).

Application Store

Apple App Store or Google Play Store.

Affiliate

control = 50%+ ownership or voting power.

Account

a unique account to access the Service.

Company

Sswitch Neuro Performance Solutions GmbH, Platz 3, Root D4, 6039 Root, Switzerland.

Country

Switzerland.

Device

any device that can access the Service.

Feedback

feedback, innovations, or suggestions you send us.

In-app Purchase

purchases made through the Application (subject to these Terms and the Application Store terms).

Service

the Application(s) and/or Website.

Subscriptions

recurring services or access to the Service.

Third-party Social Media Service

services or content by third parties displayed or made available by the Service.

You

the individual or entity using the Service.

Acknowledgement

These Terms govern your use of the Service and the agreement between You and the Company. Your use is also conditioned on your acceptance of our Privacy Policy.

Eye Tracking Data (iOS TrueDepth)

On supported Apple devices, and only with your explicit consent, we may enable eye-tracking interaction features. We do not collect or store Face ID templates or raw facial imagery off the device. Processing is on-device. You can disable access in device settings.

User Accounts

Provide accurate, complete, and current information. You’re responsible for safeguarding your password and for activities under your Account. Notify us immediately of any unauthorized use.

Acceptable Use; Account Sharing; Abuse

Unless expressly permitted in writing, each Account is for one natural person and may not be shared. You must not:

1. access the Service from multiple devices concurrently beyond your plan’s limits;
2. resell, sublicense, or make the Service available to third parties;
3. scrape, harvest, bulk-download, crawl, or otherwise overload our systems;
4. upload, distribute, or introduce malware or harmful code;
5. circumvent authentication, usage or rate limits, or other security/access controls;
6. probe, scan, or test the vulnerability of any system or network;
7. reverse engineer the Service except to the limited extent allowed by law;
8. copy, modify, or create derivative works of the Service;
9. misrepresent your identity or affiliation;
10. use the Service to develop, train, or improve a competing product or service; or
11. otherwise use the Service in a manner that disrupts, degrades, or harms the Service or others’ use (“Abuse”).

We may monitor usage (including device identifiers, session counts, and concurrent connections) to prevent Abuse.

Coach IDs (Soma Analytics); Usage Monitoring

Coaches registered for Soma Analytics may issue one Coach ID per end user. A Coach ID is for a single, identified natural person and must not be shared or reused by multiple individuals. We may monitor usage (including device identifiers, concurrent sessions, and login telemetry). If we detect sharing or reuse, we may revoke or suspend the ID and assess additional seat charges for the period of misuse at our then-current list prices, subject to App Store–Billed Subscriptions below.

Subscriptions

Subscription Period

Subscriptions are billed in advance on a recurring basis (e.g., monthly or annually) and automatically renew unless cancelled.

Subscription Cancellations

In-App Purchases: cancel through the relevant Application Store.
Soma Analytics / Soma ID: cancel through your account portal.

If you attempted to cancel but it did not process, notify us within 30 days; after this period no refunds will be given. You will retain access until the end of your paid term.

Billing

Provide accurate billing information and a valid payment method. If automatic billing fails, we may issue an invoice with a due date.

Fee Changes

We may modify Subscription fees effective at the next renewal and will provide reasonable prior notice. Continued use after changes take effect constitutes acceptance.

Refunds

Except when required by law, fees are non-refundable. For in-app purchases, the Application Store’s refund policy applies.

Overuse & Billing

Overuse Fees; Charge Authorization

If your usage exceeds the scope of your plan (including concurrent sessions, device limits, or other plan entitlements), you agree to pay additional fees reflecting our then-current overage pricing posted in the Service. For direct-billed accounts, you authorize us to charge the payment method on file or to invoice you. Invoices are due within ten (10) days. We may suspend or throttle the Service for non-payment.

App Store–Billed Subscriptions

If you purchased a Subscription through an application store (e.g., Apple App Store or Google Play), we cannot charge an external payment method for overuse or additional seats. We may limit, throttle, or suspend the Service until you (a) purchase the appropriate plan or seat add-ons via the application store, or (b) migrate your account to direct billing with the Company.

Enforcement

We may rate-limit, suspend, or terminate access (without refund) for Abuse, overuse that remains unpaid, or other material breaches. Our rights to fees, Overuse Fees, and Abuse Remediation Costs survive termination.

Abuse Remediation Costs

If your violation of these Terms (including any Abuse) requires investigation, mitigation, restoration, or engineering work, you agree to reimburse our reasonable, documented costs, including external vendor fees and internal personnel time billed at CHF 180 per hour. We will provide a summary of the remediation work upon request. These obligations survive termination.

In-app Purchases

In-app purchases are consumed within the Application and cannot be cancelled after download. If a purchase fails or malfunctions, we will investigate and repair/replace or authorize the Application Store to refund up to the cost of the purchase.

Intellectual Property

The Service and its original content (excluding user content) are and will remain the exclusive property of the Company and its licensors. Our trademarks and trade dress may not be used without prior written consent.

Feedback

You assign to the Company all rights in Feedback or grant a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction.

Links to Other Websites

Our Service may contain links to third-party websites or services not owned or controlled by the Company. We are not responsible for their content or policies.

Termination

We may suspend or terminate your Account immediately for any breach of these Terms or to protect the Service. Upon termination, your right to use the Service ceases.

Limitation of Liability

To the maximum extent permitted by law, in no event shall the Company or its suppliers be liable for any indirect, incidental, special, consequential, or exemplary damages. The Company’s total liability shall not exceed the amount actually paid by You through the Service in the 12 months preceding the claim, or CHF 100 if You have not made any purchases.

Use at Your Own Risk (Soma NPT and Related Applications)

The Soma NPT family of applications is provided for training and informational purposes only. You use the Service at your own risk. To the maximum extent permitted by law, we are not liable for outcomes, performance changes, injuries, or adverse effects arising from your use or misuse, including reliance on analytics or recommendations.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

Governing Law

These Terms and your use of the Service are governed by the laws of Switzerland, excluding conflict-of-law rules. Your use may also be subject to other local, state, national, or international laws.

Disputes Resolution

If you have any dispute, you agree to first attempt to resolve it informally by contacting the Company.

For European Union (EU) Users

If you are a consumer in the EU, you will benefit from any mandatory provisions of the law of your country of residence.

United States Federal Government End Use Provisions

Our Service is a “Commercial Item” as defined at 48 C.F.R. § 2.101.

United States Legal Compliance

You represent and warrant that (i) you are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country, and (ii) you are not on any U.S. government list of prohibited or restricted parties.

Severability and Waiver

If any provision is held unenforceable or invalid, it will be changed and interpreted to accomplish its objectives to the greatest extent possible and the remaining provisions will continue in full force. Failure to enforce any right is not a waiver of future enforcement.

Translation

If these Terms are translated, the English version controls in case of conflict.

Changes to These Terms

We may modify or replace these Terms at any time. For material changes, we will make reasonable efforts to provide at least 30 days’ notice before new terms take effect. Continued use after changes take effect constitutes acceptance.

Overuse Fees, Additional Seats & Remediation Costs (Summary)

If you exceed plan limits or use multiple devices/users on one Account or Coach ID without authorization, you agree to pay overage fees and/or additional seat charges at our then-current list prices, which we may apply retroactively for the period of overuse.

If your breach (including Abuse) requires investigation, mitigation, restoration, or engineering work, you will reimburse our reasonable, documented costs, including third-party vendor or developer fees and internal time billed at CHF 180 per hour. A summary of work will be provided on request.

For direct-billed accounts, you authorize charges to your payment method on file or agree to pay invoiced amounts within ten (10) days.

Contact: hi@soma-npt.ch — https://www.soma-npt.ch

Definitions

Application

Soma NPT, Soma Analytics, Soma NPT Vision, and Soma Breathe (including updates and documentation).

Device

any device that can access or run the Application.

Service

the Application(s) and any related websites, content, and services provided by the Company.

App Store

Apple App Store or Google Play Store.

License Grant & Scope

Subject to this Agreement and the Terms, the Company grants You a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to download, install, and use the Application on Devices You own or control, solely for your personal, non-commercial use, and strictly in accordance with this Agreement and applicable App Store rules.

License Restrictions

Except to the limited extent permitted by law, You must not:

• copy, modify, adapt, translate, create derivative works of, or publicly display the Application;
• reverse engineer, decompile, disassemble, or attempt to derive source code;
• remove, obscure, or alter any proprietary notices;
• rent, lease, lend, sell, sublicense, distribute, or otherwise make the Application available to any third party;
• bypass or circumvent security, authentication, usage, or rate limits;
• introduce malware or interfere with the Service’s operation;
• use the Application to develop, train, or improve a competing product or service;
• share an account or access beyond what your plan allows (see Terms for Acceptable Use).

Acceptable Use; Account & IDs

Each account is for one natural person unless we explicitly approve otherwise in writing. You are responsible for all activity under your account and for keeping credentials secure. Coach IDs (Soma Analytics) are one-per-end-user and may not be shared or reused across multiple individuals. Misuse or sharing is a breach of this Agreement.

TrueDepth / Eye-Tracking (iOS)

On supported Apple devices and only with your explicit, opt-in consent, the Application may process on-device eye/face data to enable eye-tracking interactions (e.g., determining screen coordinates to highlight/select buttons). We do not collect, store, or transmit Face ID templates or raw facial imagery off your device. You can disable access in system settings at any time.

Privacy

Your use of the Application is subject to Our Privacy Policy (https://www.soma-npt.ch). By using the Application, you consent to processing as described there.

Third-Party Services & Open Internet

The Application may display or link to third-party content, SDKs, or services (e.g., analytics, payments, sign-in). We are not responsible for third-party content or policies. Your use of third-party services may be subject to their terms and privacy policies.

Updates; Changes; Availability

We may provide updates, patches, or new releases that may modify or remove features. The license includes these updates, which are subject to this Agreement. We may suspend, discontinue, or change features at any time.

Maintenance & Support

To the extent required by law, the Company (not the App Store) is responsible for any maintenance or support. The Company may, but is not obligated to, provide support.

App Store Terms; Third-Party Beneficiary

This Agreement is between You and the Company only, not with any App Store. The App Store and its subsidiaries are third-party beneficiaries to this Agreement and may enforce it against You.

Intellectual Property

The Application and all intellectual property rights therein are and will remain the exclusive property of the Company and its licensors. No rights are granted except as expressly set out in this Agreement.

Use at Your Own Risk (Training & Informational Purposes)

The Soma NPT family of applications is provided for training and informational purposes. You use the Application at your own risk. We are not liable for outcomes, performance changes, injuries, or adverse effects resulting from your use or misuse, including reliance on analytics or recommendations. Always consult a qualified professional before starting any fitness, breathing, or performance program.

Disclaimers (“AS IS” / “AS AVAILABLE”)

To the maximum extent permitted by law, the Application is provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, or uninterrupted/error-free operation.

Limitation of Liability

To the maximum extent permitted by law, the Company and its suppliers are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to this Agreement or your use of the Application. In all cases, Our total liability will not exceed the amount you actually paid for the Application or access to the Service in the 12 months preceding the claim, or CHF 100 if no such payments were made.

Term; Termination

This Agreement is effective until terminated. We may suspend or terminate this Agreement and your access immediately if you breach it or to protect the Service. Upon termination, you must cease all use and delete all copies of the Application. Sections that by their nature should survive (e.g., IP, disclaimers, limitations, governing law) shall survive.

Export; Sanctions; Legal Compliance

You represent and warrant that (i) you are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country, and (ii) you are not on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable export control and sanctions laws.

Governing Law; Disputes

This Agreement is governed by the laws of Switzerland, excluding conflict-of-law rules. Before filing a claim, you agree to first try to resolve any dispute informally by contacting hi@soma-npt.ch.

Severability; Waiver

If any provision is held invalid or unenforceable, it will be interpreted to accomplish its objectives to the greatest extent possible and the remaining provisions will continue in full force. No waiver of a breach constitutes a waiver of any other breach.

Entire Agreement; Order of Precedence

This Agreement forms part of the overall Terms between You and the Company and supplements (does not replace) the Terms and Conditions and Privacy Policy at https://www.soma-npt.ch. If there is a conflict, the Terms govern on matters outside this license grant and on general service use.

Contact

hi@soma-npt.ch — https://www.soma-npt.ch