Terms of Use

Last Updated: January 25, 2025

These Terms of Use (“Terms”) govern your use of the Habitap mobile application (“App”) developed by Myles Kirkman (“we,” “our,” or “us”). By downloading, installing, or using Habitap, you agree to be bound by these Terms.

Acceptance of Terms

By using Habitap, you confirm that you:

• Are at least 13 years old (or the minimum age required in your jurisdiction)
• Have the legal capacity to enter into these Terms
• Accept and agree to comply with these Terms and our Privacy Policy

If you are under 18, you represent that your parent or guardian has reviewed and agreed to these Terms.

Description of Service

Habitap is a habit tracking application that helps users build and maintain positive habits. The App includes both free features and premium features available through subscription.

Free Features:

• Basic habit tracking
• Core app functionality

Premium Features:

• Advanced analytics and insights
• Custom habit categories
• iOS widgets (iOS 17+ only)
• Additional customization options

Subscriptions and Billing

Subscription Plans

Habitap offers premium features through subscription plans, which may include:

• Monthly subscriptions
• Annual subscriptions
• Lifetime purchases
• Special promotional offers

Pricing and Geographic Variations

Regional Pricing: Subscription prices may vary by country and region based on local economic conditions, currency exchange rates, and App Store pricing tiers. Prices are set according to Apple’s App Store pricing matrix and local market standards.

Price Testing: We may conduct pricing experiments and A/B tests to optimize our subscription offerings. This means different users may see different prices or promotional offers at different times. These tests help us provide fair and accessible pricing while maintaining our service quality.

Promotional Offers: We may offer limited-time promotions, discounts, or special pricing to certain users or user segments. These offers may have specific terms and conditions and are subject to availability.

Billing and Payment

• All purchases are processed through the Apple App Store using your Apple ID payment method
• Subscriptions automatically renew unless canceled at least 24 hours before the current period ends
• Your Apple account will be charged for renewal within 24 hours prior to the end of the current period
• Subscription prices may change with notice as permitted by applicable law and platform policies

Managing Your Subscription

• You can view, modify, or cancel your subscription anytime through your Apple App Store account settings
• Cancellation takes effect at the end of your current billing period
• You’ll retain access to premium features until your current subscription period expires

Refunds

• Refund requests must be made through Apple’s App Store customer service
• We cannot process refunds directly as all transactions are handled by Apple
• Refund eligibility is determined by Apple’s refund policy
• No refunds are provided for unused portions of subscription periods unless required by applicable law

User Responsibilities

You agree to:

• Use the App only for lawful purposes and in accordance with these Terms
• Provide accurate information when creating habits and tracking progress
• Maintain the security of your device and account
• Not attempt to reverse engineer, modify, or hack the App
• Not use the App in ways that could damage, disable, or impair our services

You agree not to:

• Share your subscription access with others
• Create multiple accounts to access free trials repeatedly
• Use automated tools or scripts to interact with the App
• Violate any applicable laws or regulations while using the App

Intellectual Property

Our Rights

• Habitap, including all content, features, and functionality, is owned by Myles Kirkman
• The App is protected by copyright, trademark, and other intellectual property laws
• All rights not expressly granted to you are reserved

Your Rights

• Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes
• This license automatically terminates if you violate these Terms

Your Content

• You retain ownership of any personal data you input into the App
• Your habit data remains private and is stored locally on your device
• We do not claim ownership of your personal habit tracking information

Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information. By using Habitap, you also agree to our Privacy Policy.

App Availability and Updates

Updates and Changes

• We may release updates to improve functionality, fix bugs, or add features
• Some updates may require the latest version of iOS
• Continued use of the App after updates constitutes acceptance of any changes

iOS and Device Requirements

• Habitap requires iOS 15.0 or later
• Premium widgets require iOS 17.0 or later
• Some features may not be available on older devices or iOS versions
• You are responsible for ensuring your device meets the minimum requirements

Disclaimers and Limitations

Disclaimers

• Habitap is provided “as is” without warranties of any kind
• We do not guarantee that habit tracking will lead to specific outcomes
• The App is for informational and motivational purposes only
• We do not provide medical, health, or professional advice

Limitation of Liability

To the maximum extent permitted by law:

• We shall not be liable for any indirect, incidental, or consequential damages
• Our total liability shall not exceed the amount you paid for the App in the 12 months preceding the claim
• We are not responsible for data loss due to device issues, software conflicts, or user error

Termination

By You

You may stop using the App and cancel your subscription at any time through your Apple App Store account settings.

Changes to Terms

We may modify these Terms at any time. When we make changes:

• We will update the “Last Updated” date at the top of these Terms
• Significant changes will be communicated through the App or other reasonable means
• Your continued use of the App after changes constitutes acceptance of the new Terms

Governing Law and Disputes

These Terms are governed by the laws of Queensland, Australia, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the App will be resolved in the courts of Queensland, Australia.

Contact Us

If you have questions about these Terms of Use, please contact us:

Email: [email protected]

Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.

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By using Habitap, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.