Although all the clauses contained in this agreement are standard clauses about software products, it is advised that you read them entirely.
This End-User License Agreement ("EULA") constitutes an agreement between you and Habitics (herein referred to as the "Owner") with regard to the application for Mobile Phones (herein referred to as "Software Product" or "Software"). By installing the Software, you are agreeing to be bound by the terms of this license agreement.
Your use of the Software (as specified below) is subject to the terms and conditions set forth in this EULA. If you do not accept the terms of this EULA, do not install or use the Software.
1. LICENSE. The Software is licensed, not sold. The Owner grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use on a single device. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
2. RESTRICTIONS OF USE. Unless the Owner has authorized you to distribute the Software, you shall not make or distribute copies of the Software or transfer the Software from one device to another. You shall not decompile, reverse engineer, disassemble, include in other software, or translate the Software, or use the Software for any commercial purposes. You shall not modify, alter, change or otherwise make any modification to the Software or create derivative works based upon the Software. You shall not rent, lease, resell, sub-license, assign, distribute or otherwise transfer the Software or this license. Any attempt to do so shall be void and of no effect.
3. COPYRIGHT. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Habitics, and you will not acquire any rights to the Software. You shall not remove or obscure the Owner's copyright, trademark or other proprietary notices from any of the materials contained in this package or downloaded together with the Software.
4. DISCLAIMER OF WARRANTY. The Software is provided "AS IS", without warranty of any kind. We disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. We do not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be error-free.
5. LIMITATION OF LIABILITY. In no event will the Owner be liable for special, incidental or consequential damages resulting from possession, access, use or malfunction of the Software, including but not limited to damages to property, loss of goodwill, computer or mobile device malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this EULA or the Software, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not the Owner has been advised of the possibility of such damages.
Because some states/countries do not allow certain limitations of liability, this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applied solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted. This EULA gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction. In no event shall the Owner's liability for all damages (except as required by applicable law) exceed the actual price paid by you for use of the Software.
7. INDEMNITY. You agree to indemnify, defend and hold the Owner harmless from and against any and all damages, losses, and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Software pursuant to the terms of the EULA; or (ii) your breach of this EULA.
9. MEDICAL DISCLAIMER. The Software is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen in this Software. If you think you may have an emergency, call your doctor, go to the emergency department, or call emergency immediately. Reliance on any information provided by the Owner or our employees is solely at your own risk.
You understand that the Software is not medical or healthcare services and that no physician-patient relationship exists.
YOU HEREBY AGREE THAT, BEFORE USING THE SERVICES, YOU WILL CONSULT YOUR PHYSICIAN, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM
CHANGES IN YOUR DIET OR LIFESTYLE. You affirm that a physician has specifically approved your use of the Software. The Software is intended for use only by individuals healthy enough to make changes to their diets and lifestyles and is not intended for use by minors or individuals with any type of health condition that makes the kind of changes to diet or lifestyle suggested by the Software unsafe or inappropriate. You should discontinue diet or other lifestyle changes in cases where such changes cause pain or severe discomfort and should consult a medical expert prior to returning to diet or other lifestyle changes in such cases.
The Owner itself does not offer, and the Software does not constitute, medical or healthcare advice or services, and no physician-patient relationship with the Owner or any of its employees, officers, or agents is created or implied by you accessing or using the Software. The information and materials provided through the Services are provided purely for informational purposes. You should always seek the advice of a physician or other qualified healthcare provider who you personally know before starting, stopping, or modifying any treatment or medication.
10. PURCHASES. Users may access the Software in the following ways:
- Free Version. A program gives limited access for an unlimited time.
- Free Trial. A free-of-charge program, which gives unlimited access for a limited time.
- Paid Subscription "PREMIUM": a subscription fee-based program, which gives access to all content. You will only have access to the Subscription Program while your subscription is active and subsisting. You can become a subscriber to the Subscription Program by purchasing a subscription to the Products within the Apps, where allowed by the App marketplace partners. Your license is linked with your profile used for payment. This license cannot be transferred to another account or platform. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple's applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final, and we will not provide a refund. Your purchase will be subject to Google's applicable payment policy, which also may not provide for refunds.
- Paid One-Time Fee "PREMIUM": a one-time fee-based program, which gives access to all content. Your license is linked with your profile used for payment. This license cannot be transferred to another account or platform. Please note that if you purchase a license through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple's applicable payment policy, which also may not provide refunds. If you purchase a license through the Google Play store, the sale is final, and we will not provide a refund. Your purchase will be subject to Google's applicable payment policy, which also may not provide refunds.
The Software offers monthly and annual subscription options. For the purposes of our monthly and annual subscriptions, a month constitutes 30 calendar days, and a year constitutes 365 calendar days.
- Our "Monthly" subscription is paid in monthly installments. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until canceled. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
- Our "Yearly" subscription is paid for by an upfront one-off payment with automatic annual renewals. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.