Terms & Conditions
1. Introduction
Welcome to HabitU! These Terms of Use ("Terms") set forth the rules, guidelines, and legal obligations that govern your access to and use of our mobile application (the "App") and the services provided through it (the "Services"). By accessing or using the App, you agree to be bound by these Terms, as well as any applicable laws and regulations. If you do not agree to these Terms, you must immediately cease using the App.
We may modify these Terms from time to time to reflect updates to the App, regulatory changes, or evolving business needs. In the event of significant changes, we will publish the updated version on the website. Continued use of the App after changes have been made constitutes your acceptance of the revised Terms. These Terms of Use constitute a binding agreement. Please review regularly for updates
2. Definitions
To ensure clarity, the following terms are used consistently throughout these Terms:
"App": Refers to our mobile application including all updates, upgrades, and additional features provided by Us, App Developer.
“Account”: An account created by the User to access and use the App’s features.
"User" or "You": Refers to any individual who accesses or uses the App or Services.
"Services": Encompasses all functionalities, tools, content, and resources provided through the App, including features related to habit cessation and tracking progress.
"Content": Includes all text, images, videos, software, and other materials available within the App, whether created by us or submitted by users.
"Personal Data": Refers to any information that relates to an identified or identifiable individual, as defined in our Privacy Notice.
"Subscription": A paid plan granting access to premium features and additional functionalities within the App.
"Trial Period": A free 7-day period during which users can access premium features before committing to a subscription. Trial Period may be amended in the future by Us.
"Third-Party Services": External platforms or tools, such as Amplitude and AppsFlyer, integrated into the App for analytics and performance tracking.
3. Eligibility
To use the App, you must meet specific eligibility criteria. By accessing or using the App, you confirm the following:
You must be at least 18 years old to use this App. Individuals under the age of 18 are strictly prohibited from accessing or using the App. By using the App, you confirm that you meet this age requirement.
You have the legal capacity to enter into a binding agreement under the laws of your jurisdiction.
You agree to use the App in accordance with all applicable laws, rules, and regulations, including those governing online conduct and content.
The App may not be used by individuals who are barred or restricted from using such services under the laws of their jurisdiction.
4. Account Registration
To access certain features and functionality of the App, you may need to create an account. By registering an account, you agree to the following terms and responsibilities:
You must provide accurate, complete, and up-to-date information during the registration process. This includes, but is not limited to, your name, age, gender and contact details.
Failure to provide truthful information may result in the suspension or termination of your account.
Each User may only register one account. Creating multiple accounts for the same individual without authorization is strictly prohibited.
You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password.
You must notify us immediately if you suspect any unauthorized use of your account or a breach of security.
We are not liable for any loss or damage arising from your failure to maintain the security of your account.
You may not share, transfer, or sell your account credentials to any other individual or entity.
Any misuse of an account, including impersonating another User, is grounds for immediate termination.
The following actions are strictly prohibited while using the App:
Uploading, sharing, or distributing malicious software (e.g., viruses, worms, or malware).
Impersonating another individual or misrepresenting your identity.
Attempting to gain unauthorized access to the App, user accounts, or the systems supporting the App.
Manipulating or tampering with data or the App’s functionality.
Using the App for any illegal activity or in violation of applicable laws.
We reserve the right to suspend or terminate your account at our sole discretion if you violate these Terms, engage in prohibited conduct, or provide false information. In the event of termination, you will lose access to any content or progress associated with your account.
The information you provide during registration is subject to our Privacy Notice. We are committed to safeguarding your data and ensuring its use complies with applicable laws and regulations.
5. Use of the App
By using the App, you agree to adhere to the following guidelines and restrictions. These terms are designed to ensure that the App remains a safe, effective, and enjoyable tool for all Users.
The App is intended for personal, non-commercial use to help you achieve goals related to breaking harmful habits. You may use the App to:
Track your progress toward quitting habits such as smoking, drinking alcohol, or gambling.
Access tools, resources, and features designed to support your journey.
Receive notifications and reminders related to your goals.
You are granted a limited, non-exclusive, and non-transferable license to use the App solely for its intended purpose, as described in these Terms.
While using the App, you agree not to engage in the following prohibited activities:
Attempting to gain unauthorized access to the App, other User accounts, or the systems used to provide the App.
Circumventing or bypassing any security measures or technical limitations imposed by the App.
Uploading, sharing, or transmitting content that is harmful, defamatory, obscene, abusive, harassing, or illegal.
Spamming, phishing, or engaging in fraudulent activities through the App.
Copying, modifying, adapting, decompiling, or reverse-engineering any part of the App.
Developing derivative works based on the App or its content without explicit permission from App Developer.
Using the App for commercial purposes, including advertising, promoting, or selling products or services without prior authorization.
Exploiting the App’s features or content for profit.
Scraping, extracting, or collecting data from the App using automated tools or software without our consent.
Sharing or distributing User information or App content without authorization.
Uploading files, programs, or code that could harm the App’s functionality, such as viruses, worms, or malware.
Overloading or disrupting the App’s servers or network connections.
We actively monitor the App for prohibited activities to ensure a safe and compliant environment. Preventative measures include:
Automated systems to detect and block suspicious activity (e.g., unauthorized access attempts, data tampering).
Manual reviews of reported violations and content flagged by our automated systems.
Temporary account suspensions for activities under investigation, with the opportunity for the user to provide clarification.
Permanent bans for confirmed violations, particularly in cases involving illegal or malicious actions.
If the App allows Users to submit content (e.g., progress updates, comments), you agree to the following:
Content must be accurate, lawful, and relevant to the App’s intended purpose.
You retain ownership of your content but grant us a non-exclusive, royalty-free license to use, display, and distribute it within the App.
We reserve the right to moderate, remove, or restrict any content that violates these Terms.
You agree to use the App in compliance with all applicable local, national, and international laws, including those related to online conduct and content.
Violation of this section may result in:
Suspension or termination of your account.
Legal action, if your conduct causes harm to us, other Users, or third parties.
6. Trial Period
We offer a trial period to allow new Users to explore the premium features of the App before committing to a subscription.
The trial period lasts for seven (7) consecutive days, starting from the date of activation. During this time, you will have full access to premium features and functionalities without being charged. Trial period may be amended at any time along with functions contained in App.
The trial period is available only to new Users who have not previously subscribed to the App or used a trial period.
Each User is entitled to only one trial period. Multiple trial activations for the same individual or through duplicate accounts are strictly prohibited.
The trial period is automatically may be activated when you sign up for the App and opt-in for premium features.
You may be required to provide payment information during the trial activation. However, no charges will be made during the trial period.
At the end of the trial period, your account will automatically transition to a paid subscription plan unless you cancel before the trial expires.
Payment for the subscription will be charged to your selected payment method at the applicable rate.
Cancellation must be completed at least 24 hours before the trial period ends to avoid charges.
We reserve the right to terminate or revoke the trial period at our discretion if we detect misuse, fraud, or violations of these Terms.
If you wish to terminate your trial period early, you can do so by accessing your account settings in the App.
Since the trial period is offered free of charge, no refunds or compensation will be provided for unused portions of the trial period.
Access to certain premium features or content may be subject to additional terms and conditions outlined separately.
The trial period does not guarantee continued access to features or content that may change after the trial period ends.
7. Subscriptions and Payments
The App offers premium features and services through a subscription model. By subscribing, you agree to the following terms and conditions related to payments and subscriptions.
Subscription options, including pricing, durations (e.g., monthly or annual), and features, are clearly displayed within the App.
By selecting a subscription plan, you agree to pay the fees associated with that plan as described at the time of purchase.
Payment for subscriptions is processed through the payment method linked to your account (e.g., App Store, Google Play, or other supported payment providers).
You are responsible for ensuring that your payment information is accurate, current, and valid.
Subscriptions automatically renew at the end of the subscription period unless canceled at least 24 hours before the renewal date.
Renewal charges will be made to your designated payment method at the rate applicable at the time of renewal.
At the conclusion of the free trial period (as described in Section 6), your subscription will automatically transition to a paid plan unless you cancel before the trial ends.
The subscription fee will be charged to your payment method immediately upon the trial period’s expiration.
All subscription fees are non-refundable, except as required by applicable law or in cases of technical errors.
You may cancel your subscription at any time by following the cancellation procedures provided by your payment provider (e.g., App Store or Google Play settings).
Cancellation will take effect at the end of the current subscription period. No refunds or credits will be provided for unused portions of the subscription.
It is your responsibility to manage your subscription, including updating payment details or switching between subscription plans.
Failure to update payment information may result in the suspension or termination of your subscription.
From time to time, we may offer promotional discounts or special pricing. These offers are subject to additional terms and may not be combined with other discounts.
Subscription fees may be subject to applicable taxes, which will be calculated based on your billing address and included in the total price at checkout.
You are responsible for any additional fees or charges imposed by your payment provider (e.g., currency conversion fees).
8. Notifications
The App utilizes push notifications to enhance your experience by providing timely updates, reminders, and important information about your progress and App features.
The App may send the following types of notifications:
Alerts to help you stay on track with your goals, such as reminders to log your progress or motivational messages.
Updates about new features, services, or special offers related to the App.
Alerts regarding account activity, such as login attempts, subscription renewals, or security-related updates.
By enabling notifications during the App setup or in your device settings, you provide consent to receive push notifications from the App.
Notifications are an integral part of the App’s functionality, and disabling them may limit the effectiveness of certain features.
You can manage or disable notifications at any time through your device’s settings. To adjust notification preferences:
Navigate to your device’s settings menu.
Locate the App in your list of installed applications.
Adjust the notification permissions or settings as desired.
The App does not send notifications on behalf of third parties unrelated to the App.
Your information will not be shared with external advertisers for the purpose of push notifications.
Certain critical notifications, such as those related to security updates, subscription status, or changes to the Terms of Use, may still be sent even if other notifications are disabled. These are essential to ensuring the security and proper functioning of the App.
Notifications are generated based on data collected within the App, as described in our Privacy Notice.
We do not store or share notification data beyond the scope of the App’s intended use.
You may opt out of promotional notifications while retaining access to habit tracking and critical notifications. Instructions for opting out will be provided within the App settings.
If you choose to opt out of all notifications, you may miss important updates or reminders crucial to achieving your goals.
9. Third-Party Services
The App integrates with certain third-party services to enhance its functionality, provide analytics, and improve the overall user experience. By using the App, you acknowledge and agree to the following terms regarding third-party services:
The App uses Amplitude and AppsFlyer to collect data on user behavior, track performance metrics, and optimize features.
These services process data such as app usage patterns, device information, and engagement statistics.
The App’s data may be stored and managed using third-party hosting providers to ensure reliability and scalability.
If applicable, subscription payments are processed by external platforms such as the App Store or Google Play, subject to their terms and privacy policies.
We may share the following types of data with third-party service providers:
Technical data, such as IP addresses and device information.
Usage data, including engagement metrics and feature utilization.
Non-personally identifiable aggregated data for analytical purposes.
All third-party services used by the App comply with applicable privacy laws, such as the GDPR, CCPA, and similar regulations.
Data shared with third-party providers is limited to what is necessary for the specific service being performed.
By using the App, you consent to the collection and processing of your data by third-party services as outlined in this section and in the Privacy Notice.
Consent to use analytics and tracking tools can be managed through the App’s settings or your device’s privacy controls.
While we carefully select third-party providers and require them to meet high standards of data protection, we are not responsible for their independent privacy practices.For detailed information about how third-party providers process your data, refer to their respective privacy policies:
We may update or replace third-party services over time to improve the App’s functionality or to comply with legal requirements.
You will be notified of significant changes involving third-party integrations via the App.
Where applicable, you may opt out of certain types of data sharing with third-party analytics providers by adjusting your privacy settings in the App or your device.
Opting out of data sharing may impact the App’s performance and limit certain features.
10. Intellectual Property
The App and all its associated content are protected by intellectual property laws. By using the App, you acknowledge and agree to the following terms regarding ownership, licensing, and restrictions on the use of intellectual property:
All intellectual property rights in the App, including but not limited to text, graphics, logos, designs, icons, images, audio, video, and software, are owned by or licensed to App Developer.
These rights are protected under applicable copyright, trademark, patent, and other intellectual property laws.
The name of our App associated logos, and other branding elements are trademarks owned by App Developer. Unauthorized use of these trademarks is strictly prohibited.
Some features of the App may include content licensed from third parties. The use of such content is subject to the terms outlined in this section.
You are granted a personal, non-exclusive, non-transferable, and revocable license to use the App solely for its intended purposes. This license does not grant you ownership of the App or its content
You may not modify, reproduce, distribute, or create derivative works based on the App or its content without explicit written permission from App Developer. You may not reverse-engineer, decompile, or disassemble the App’s software.
Content available within the App may only be downloaded, displayed, or printed for personal, non-commercial purposes, provided you do not modify or remove any copyright notices.
You retain ownership of any content you create or submit within the App, such as progress updates or comments. By submitting content, you grant App Developer a non-exclusive, royalty-free, worldwide license to use, reproduce, display, and distribute your content within the App for its intended purposes.
You are solely responsible for the content you upload or share within the App. Content must comply with the usage restrictions outlined in Section 5.
You may not upload content that infringes on the intellectual property rights of others, is unlawful, or violates these Terms.
We reserve the right to monitor and protect our intellectual property. Unauthorized use or infringement may result in legal action.
Your license to use the App and its content automatically terminates if you violate these Terms. Upon termination, you must immediately cease all use of the App and delete any downloaded content.
11. Limitation of Liability
The App is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.
We do not guarantee that the App will be error-free, uninterrupted, or meet your specific needs.
To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
App Developer and its affiliates, officers, employees, agents, and partners shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from your use of or inability to use the App.
This includes damages for loss of profits, data, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, our total liability to you for any claims arising out of or related to your use of the App shall not exceed $100. This limitation applies to all claims collectively, including but not limited to those based on contract, tort, or statutory grounds.
Your use of the App is at your sole risk. You acknowledge that the App is a tool to assist with habit cessation and does not replace professional medical advice or treatment.
You are responsible for ensuring the accuracy of the data you input into the App. Any reliance on the App’s outputs, such as progress reports or notifications, is at your discretion.
The limitations and exclusions of liability in this section do not apply to Damages resulting from our gross negligence or willful misconduct.
Any liability that cannot be excluded or limited by law in your jurisdiction.
App Developer is not liable for the actions, omissions, or failures of third-party services integrated into the App, such as Amplitude or AppsFlyer. Issues arising from third-party services must be addressed with the respective service provider.
App Developer is not liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to natural disasters, government actions, cyberattacks, or service disruptions.
You agree to indemnify and hold harmless App Developer and its affiliates from any claims, damages, or expenses (including attorney’s fees) arising from your violation of these Terms or misuse of the App.
12. Termination
We reserve the right to suspend or terminate your account or access to the App at our sole discretion, without prior notice, under the following circumstances:
If you breach any provisions of these Terms, including prohibited conduct, failure to comply with payment obligations, or misuse of the App.
If your activities on the App are suspected to be unlawful, fraudulent, or harmful to other Users, third parties, or App Developer.
If your account remains inactive for an extended period (e.g., 12 months) as determined by App Developer.
If unforeseen technical, security, or operational concerns arise that necessitate restricting or terminating access to the App.
If you choose to terminate your account by contacting us.
Upon termination, you will immediately lose access to your account, including any progress, data, or premium features associated with it.
Data associated with terminated accounts will be handled in accordance with our Privacy Notice, which may include deletion of personal data after a retention period.
No refunds or credits will be provided for unused portions of subscriptions unless required by applicable law.
If your account was terminated due to inactivity or non-critical issues, you may request reinstatement by contacting us. We reserve the right to approve or deny such requests.
App Developer shall not be held liable for any damages or losses resulting from the suspension or termination of your account as permitted by these Terms.
Certain provisions of these Terms will survive termination, including but not limited to:
Limitation of Liability (Section 11)
Intellectual Property (Section 10)
Governing Law and Dispute Resolution (Section 13)
13. Governing Law and Dispute Resolution
These Terms and any disputes related to them or the App will be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
If you reside in a jurisdiction that provides additional consumer protections, these protections will apply to the extent they are not waived by these Terms
If the dispute cannot be resolved informally, it will be resolved through binding arbitration administered by our decision in accordance with applicable rules.
You agree that any disputes will be resolved on an individual basis and not as part of a class, collective, or representative action.
The arbitrator will not have authority to consolidate claims or preside over any class action.
If any portion of this dispute resolution section is found to be unenforceable, the remaining provisions will remain in full force and effect.
14. Force Majeure
We are not responsible for delays or failures in providing services due to events beyond our control, including but not limited to natural disasters, regulatory changes, technical failures, or acts of war.
15. Miscellaneous
These Terms, along with our Privacy Notice, constitute the entire agreement between you and Us regarding your use of the App. They supersede and replace any prior agreements, communications, or understandings, whether written or oral, relating to the App.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator, the remaining provisions will remain valid and enforceable.
The invalid provision will be replaced with a valid and enforceable provision that most closely matches the intent of the original.
Failure by App Developer to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision or any other provision in the future.
You may not transfer or assign your rights or obligations under these Terms without prior written consent from App Developer.
We may assign or transfer our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
We will not be held liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to natural disasters, acts of government, labor disputes, power outages, cyberattacks, or technical failures.
These Terms are provided in English. If they are translated into other languages, the English version will prevail in case of discrepancies.
For questions, concerns, or feedback regarding these Terms, you may contact us at: support@habitu.support.
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