These Terms of Service (hereinafter referred to as the "Terms") constitute a legal agreement between you (hereinafter referred to as "User" or "You") and Habit Tracker.INC (hereinafter referred to as "We" or "Company") regarding the use of the Habit Tracker application (hereinafter referred to as the "App"). By using this App, you signify that you have read, understood, and agree to be bound by these Terms.
Grant of License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to install and use the Habit Tracker application on your mobile device for the sole purpose of accessing, opening, and using the features and services enabled by the App.
Restrictions on Use
You may not copy, modify, translate, reverse engineer, decompile, or disassemble the App or create derivative works based on it. Installing the App onto a server so that it is accessible via a public network is prohibited. Sharing or permitting other individuals/entities to use the App, rent, lease, or transfer the App or rights to use it is strictly prohibited. Any violation of these restrictions will automatically terminate your license to use the App.
Ownership
The App and any revisions, modifications, enhancements, and/or derivatives thereof are owned by Habit Tracker.INC and/or its licensors and are protected under copyright laws and treaties. All right, title, and interest in and to the App, including all associated intellectual property rights, are and shall remain owned solely by Habit Tracker.INC and/or its licensors.
Third-Party Software
Any third-party software provided with the App is optional for your use. Such third-party software is provided under the terms of the license attached/linked thereto, or, if no such license is attached, such third-party software is provided AS IS. We are not liable for any losses or damages that may occur from the use of any third-party software.
Updates/Upgrades
We may improve the App from time to time and may update/upgrade it at our sole discretion, with or without notification. We may notify you through a patch process, or by email, or website posting of such updates or upgrades available for download. Some updates/upgrades may be optional, and some may be mandatory to operate the App.
Paid Accounts
If you choose to use our premium services, you agree to pay the applicable fees according to our fee policy. We will charge you according to the billing cycle you choose. You can cancel recurring payments at any time, but refunds can only be issued for requests within 48 hours of your purchase. Your premium account will remain active until cancellation or termination according to our terms.
Compliance with Law
This App is intended for use only in compliance with applicable laws and only with properly licensed media and content. You agree to use the App in accordance with all applicable laws, including export laws, restrictions, and regulations, and you will not export or allow the export or re-export of the App in violation of any such laws.
Changes and Termination
We reserve the right to modify, suspend, or discontinue any aspect of the App at any time. We reserve the right to modify the terms of these Terms, with material changes disclosed through a patch process or website posting. Your continued use of the App after any revision of the App or these Terms constitutes your acceptance of such changes.
Disclaimer
The App is provided on an "as is" basis, without warranty of any kind. To the maximum extent permitted by applicable law, Habit Tracker.INC disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
Under no circumstances and under no legal theory (tort, contract, or otherwise), shall Habit Tracker.INC or its licensors be liable to you or any other person for any indirect, special, incidental, or consequential damages of any type.
Immediate Termination
Without prejudice to any other rights, this Agreement and your right to use this App automatically terminate if you fail to comply with any provision of these Terms. Habit Tracker.INC may terminate this Agreement at any time with or without prior notice.
Miscellaneous
These Terms constitute the complete and exclusive agreement between us. The acceptance of your use of the App by Habit Tracker.INC is expressly made conditional on your assent to the terms set forth herein. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. These Terms shall be construed and governed in accordance with the laws of Delaware (regardless of its conflict of law provisions), and the competent courts in Delaware shall have exclusive jurisdiction over any dispute arising out of or related to these Terms. Failure of Habit Tracker.INC to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.