TERMS OF SERVICE
Effective date: October 27, 2021
Habityou (“us”, “we”, or “our”) operates the website, https://habityou.com, HabitYou mobile applications Android and iOS, and MoodJour mobile applications. (the “Services”)
These Terms will be applied fully and affect your use of the Services. By using the Services, you agree to accept all terms and conditions written in here. You must not use the Services if you disagree with any of these terms. Your continued use of the Services following the posting of changes to these terms will be deemed your acceptance of those changes.
Minors or people below 18 years old are not allowed to use these Services.
INTELLECTUAL PROPERTY RIGHTS
Other than the content you own, and the content attributed by us to the third-party providers, under these Terms, we and/or our licensors own all the intellectual property rights and materials contained in these Services.
You are granted a limited license only for purposes of viewing the material contained on these Services.
You are specifically restricted from all of the following:
- publishing any of the Services content in any other media;
- selling, renting, sublicensing and/or otherwise commercializing any of the Services content;
- Reproduce, duplicate or copy material from the Services
- Redistribute content from the Services
- using these Services in any way that is or may be damaging to the Services;
- using the Services in any way that impacts user access to the Services;
- using the Services contrary to applicable laws and regulations, or in any way may cause harm to the Services, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Services;
- using the Services to engage in any advertising or marketing
Certain areas of the Services are restricted from being accessed by you and we may further restrict access by you to any areas of the Services, at any time, in absolute discretion. Any user ID and password you may have for the Services are confidential and you must maintain confidentiality as well.
1. If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.
2. The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:-
(a) The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;
(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(d) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(e) You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and
(f) You acknowledge and agree that the App Distributors are third-party beneficiaries of these Terms and Conditions and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary thereof.
3. The following terms apply to in-app purchase subscriptions and refund policy
(a) All the in-app purchase subscriptions will renew automatically at the start of a new cycle unless the user cancels the renewal of subscriptions by visiting the respective app store.
(b) All mobile applications are governed by the “No Refund” policy. The applications are free to use for unlimited time, so once a subscription is purchased, the sale is final. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.
(c) Habityou reserves the right to change its pricing terms for Subscriptions at any time. If you do not agree with the changes to pricing terms then you may choose not to renew your Subscription.
(d) You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Habityou regarding future functionality or features.
(e) In an exceptional scenario regarding refunds, you may reach out to us by writing an email to email@example.com. We will try our best to help you, but our decision regarding the refund will be final.
In the Services Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images, or other material you choose to display on the Services. By displaying Your Content, you grant us a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. We reserve the right to remove any of Your Content from the Services at any time without notice.
The Services are provided “as is,” with all faults, and we express no representations or warranties of any kind related to the Services or the materials contained on the Services. Also, nothing contained on the Services shall be interpreted as advising you.
LIMITATION OF LIABILITY
In no event shall Habityou, nor any of its officers, directors, and employees, shall be held liable for anything arising out of or in any way connected with your use of the Services whether such liability is under contract. Habityou, including its officers, directors, and employees shall not be held liable for any indirect, consequential, or special liability arising out of or in any way related to your use of the Services.
You hereby indemnify to the fullest extent Habityou from and against any and/or all liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
VARIATION OF TERMS
We are permitted to revise these Terms at any time as it sees fit, and by using the Services you are expected to review these Terms on a regular basis.
We are allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between us and you in relation to your use of the Services and supersede all prior agreements and understandings.