Terms of Service · Habitly

01 Agreement to these terms

These Terms of Service ("Terms") are a binding agreement between you and the developer of Habitly ("Habitly," "we," "us," or "the developer") covering your use of the Habitly mobile application, the Habitly website, and any related services (together, "the App").

By downloading, installing, or using the App, and by starting a free trial or a subscription, you agree to these Terms. If you do not agree, do not use the App. If you have already installed it, you can stop at any time by uninstalling it.

These Terms work alongside our Privacy Policy, which describes how your information is handled. Your use of the App is also subject to the terms of the app store you downloaded it from.

02 The short version

Habitly is a habit and task tracker. You get a personal licence to use it. You do not own the App itself.
The App is for adults, 18 and over.
Habitly is a paid app with a free trial. Once the trial ends you need an active subscription to keep using it. The subscription renews automatically until you cancel, and you cancel through the Play Store, not through us.
You can cancel at any point during the trial and you will not be charged.
Your data sits on your device. We cannot see it, and we cannot recover it for you if you lose your phone or uninstall the App.
Habitly is a self-tracking tool. It is not medical, psychological, or addiction treatment advice, and it is not a crisis resource.
The App is provided as is. Our liability is capped at a small amount tied to what you have paid, and nothing here takes away consumer rights your local law gives you.

This summary is here to be useful, not to replace the sections below. Where the two differ, the full sections govern.

03 Who you are contracting with

Habitly is developed and provided by Trif Iulian, an individual developer based in Romania, European Union, trading as Habitly.

You can reach us at julien.trif@gmail.com. This is the correct address for questions, complaints, notices, and any request relating to these Terms. A postal address for formal notices is available on request by email.

04 Who may use Habitly

You must be at least 18 years old to use the App. By using it, you confirm that you are 18 or over and that you have the legal capacity to enter into this agreement.

The App is not directed at children. We do not knowingly permit use by anyone under 18, and we do not knowingly process the personal data of children under 13. If you believe a minor is using the App, please contact us.

You may not use the App if you are barred from doing so under the laws of your country, or under the rules described in Section 20.

05 Your licence to use Habitly

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use one copy of the App on devices you own or control, for your own personal, non-commercial use.

This is a licence, not a sale. You do not acquire ownership of the App, its code, its design, or any part of it. Any rights not expressly granted here are reserved.

This licence is conditional on your holding an active free trial or paid subscription, as described in Section 7. When neither is active, the App's features are locked until you subscribe. Nothing you have already saved is deleted from your device.

06 Things you may not do

You agree not to:

Copy, sell, rent, lease, sublicense, distribute, or otherwise commercially exploit the App
Reverse engineer, decompile, or disassemble the App, or attempt to derive its source code, except to the narrow extent that applicable law expressly permits despite this restriction
Modify the App, create derivative works from it, or remove or alter any copyright, trademark, or other proprietary notices
Circumvent, disable, or interfere with the subscription checks, the paywall, or any security or licensing measure in the App
Use the App to break the law, infringe anyone's rights, or transmit malware
Use automated means to access, scrape, or interact with the App or the Habitly website in a way that places an unreasonable load on it
Use the App or its content to build, train, or benchmark a competing product
Misrepresent your identity or your eligibility, including your age

07 Subscription, free trial, and billing

Habitly is a paid application. It is offered with a free trial, and once that trial ends an active paid subscription is required to keep using the App. There is no permanently free version. Purchases are made through the Google Play Store, and Google is the merchant of record for your transaction. We do not process your payment or see your card details.

The price, the billing period, and the length of any free trial are the ones shown on the Play Store purchase screen at the moment you subscribe. That screen is what governs your purchase, and you confirm those details before you are charged anything.

Free trial

New users may be offered a free trial that gives full access to the App at no charge. Setting it up requires a payment method on your Google account, and you accept these Terms when the trial starts.

Unless you cancel before the trial ends, it converts automatically into a paid subscription and your payment method is charged. If you do cancel in time, you are not charged anything, and access to the App ends when the trial runs out. Only one trial is available per user or per Google account, and we may withdraw or change the trial offer for future users at any time.

Automatic renewal

The subscription renews automatically at the end of each billing period, and your payment method is charged the then-current price for your subscription, unless you cancel at least 24 hours before the period ends. Renewal is handled by the Play Store under your account settings.

Uninstalling is not cancelling

Deleting the App from your device does not cancel your subscription and does not stop billing. You must cancel through the Play Store, as described in Section 9.

Taxes

Prices shown may exclude or include VAT, sales tax, or other local taxes depending on where you are. The store calculates and displays the final amount payable at checkout, and that amount governs.

08 Your price and price changes

The price you subscribe at is the price you keep. If you subscribe during a promotional or launch offer, that price stays the same for you at each renewal for as long as your subscription remains continuously active. The lock belongs to the subscription, not to you personally: if you cancel and later resubscribe, you pay whatever price is being offered at that time.

We may change the price for new subscribers at any time, and for existing subscribers only where the store's rules and applicable law allow it. If a change would affect your renewal, you will be notified in advance through the Play Store and given the chance to cancel before it takes effect. Continuing your subscription after a notified change means you accept the new price.

Currency conversion, foreign transaction fees, and local taxes are set by the store and your bank, not by us.

09 Cancelling your subscription

You can cancel at any time from the Subscriptions screen of the Google Play Store on your device, or at play.google.com/store/account/subscriptions. Cancellation takes effect at the end of the period you have already paid for.

When you cancel, you keep full access until the end of the period you have already paid for. After that, the App's features lock until you subscribe again. Your habits and history are not deleted, they stay on your device and are there again if you resubscribe.

We cannot cancel a subscription on your behalf, because the subscription is managed by the store rather than by us.

10 Refunds and the right to withdraw

Refunds for purchases made through the Google Play Store are handled by Google under its own refund policy. Requests are usually made through your Play Store order history or Google's support channels. If Google declines a request and you believe your case is exceptional, contact us and we will consider it in good faith, although we cannot guarantee a refund we do not control.

Consumers in the EU, EEA, and UK

You have a statutory right to withdraw from a distance contract for digital content within 14 days of entering into it. That right ends early only where you asked for the content to be supplied immediately, gave your express consent to that, and acknowledged that you would lose the right once supply had begun. Because the App unlocks in full the moment a purchase or trial starts, the store collects that consent and acknowledgement from you at the point of purchase.

Separately from the withdrawal right, the free trial lets you use the App in full at no cost and cancel before any charge is taken. Nothing in this section limits a statutory right you have that cannot be waived by agreement.

Consumers elsewhere

Where your local law gives you a mandatory refund, cancellation, or guarantee right, that right applies to you regardless of anything in these Terms.

11 Your data lives on your device

Habitly stores what you log on your own device. There are no accounts, and we do not hold a copy of your habits, notes, or history on any server. This is described in full in our Privacy Policy.

Because of this, and this matters practically:

You are responsible for your own backups. If you lose, damage, reset, or replace your device, or if you uninstall the App, your Habitly data can be lost permanently.
We cannot recover your data for you. We have no copy to restore from. No support request can undo this.
You can export your data from within the App at any time, and you can use your device's own backup service, such as Google Backup, to keep a copy in your personal cloud account.

You are responsible for the content you enter into the App and for keeping your device secure.

12 Habitly is not medical or professional advice

Habitly is a self-tracking tool for habits and tasks. It is not a medical device, and it does not provide medical, psychological, psychiatric, addiction treatment, nutritional, financial, or other professional advice. Nothing in the App is a diagnosis, a treatment plan, or a substitute for care from a qualified professional.

This includes the features for tracking clean time and breaking unwanted habits. Those features count days and award progress. They are not a cessation programme and they are not clinical support.

Always seek the advice of a qualified health provider with any question about a medical or mental health condition. Never disregard professional advice, or delay seeking it, because of something you read or tracked in Habitly.

Habitly is not a crisis service. If you are in crisis or may be in danger, contact your local emergency number or a crisis line immediately. Any decision you take on the basis of information in the App is your own.

13 Third-party services

The App relies on a small number of third parties to work:

Google Play distributes the App and processes payments, under the Google Play Terms of Service.
RevenueCat validates purchases and manages subscription status, under its own terms and privacy policy.

Your use of these services is governed by their agreements with you, not by ours. We are not responsible for their acts, their outages, their pricing decisions, or their handling of your data, and we do not control them.

The App may also link to third-party websites. We do not endorse them and we are not responsible for their content.

Apple App Store

If the App becomes available on the Apple App Store, the following applies to that version: this agreement is between you and us, not with Apple; Apple has no obligation to provide support or maintenance for the App; and Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you.

14 Ownership of the app

The App, including its source code, design, interface, graphics, animations, text, the Habitly name, and the Habitly logo, is owned by the developer and protected by copyright, trademark, and other intellectual property laws. These Terms grant you a licence to use the App, and nothing more.

The habits, notes, and other content you create in the App remain yours. Since that content stays on your device and never reaches us, we claim no licence over it.

If you send us feedback, ideas, or feature suggestions, you grant us a free, perpetual, worldwide right to use them without any obligation to you. Please do not send us anything you consider confidential.

15 Availability and changes to Habitly

We work to keep the App functional and stable, but we do not promise that it will always be available, uninterrupted, error free, or compatible with every device or operating system version.

We may add, change, suspend, or remove features. Where a change materially reduces the features you are paying for, you may cancel your subscription and, where applicable law requires it, seek a proportionate remedy. We may also stop offering the App entirely. If we discontinue it, we will give reasonable notice where we can and you will be able to export your data before support ends.

You are responsible for your own device, your operating system updates, and your internet access. Some functions, such as validating a purchase, need a connection.

16 Disclaimer of warranties

To the maximum extent permitted by applicable law, the app is provided "as is" and "as available," without warranty of any kind, whether express, implied, statutory, or otherwise. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the app will meet your requirements, that it will operate without interruption or error, that defects will be corrected, that reminders or notifications will always be delivered on time or at all, or that your data will be preserved.

Some jurisdictions do not allow the exclusion of implied warranties or of consumer guarantees. If you are a consumer in such a place, including the European Union, the United Kingdom, and parts of the United States and Australia, the exclusions above apply only to the extent permitted there, and you keep every statutory guarantee and conformity right your law gives you. Nothing in this section is intended to limit those rights.

In particular, if you are a consumer in the European Union or the United Kingdom, you have a legal guarantee that the App conforms to what was agreed, and we remain responsible for supplying the updates needed to keep it in conformity for as long as you hold a subscription. If the App does not conform, you can ask us to bring it into conformity and, where the law allows, seek a price reduction or end the contract. That guarantee sits alongside these Terms and is not reduced by them.

17 Limitation of liability

To the maximum extent permitted by applicable law:

We are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, opportunity, or anticipated savings, however caused.
We are not liable for any loss or corruption of data, including habit history, streaks, and notes, or for any missed, delayed, or undelivered reminder or notification, or for any consequence of a decision you took in reliance on the App.
Our total aggregate liability for all claims relating to the App or these Terms is limited to the greater of the total amount you actually paid us or through the store for the App in the twelve months before the event giving rise to the claim, or twenty euros (EUR 20).

These limits apply to every legal theory, whether contract, tort, negligence, strict liability, statute, or otherwise, and they apply even if we were advised that such damage was possible and even if a limited remedy fails of its essential purpose.

What these limits never cover. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any other liability that cannot lawfully be excluded or limited. Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you. Where you are a consumer, your mandatory statutory rights are unaffected, and this section limits our liability only as far as your law allows.

18 Your responsibility for misuse

To the extent permitted by applicable law, you agree to cover us against any claim, loss, liability, or reasonable legal cost brought by a third party and arising from your unlawful use of the App, your breach of these Terms, or your violation of someone else's rights.

This does not apply to anything caused by our own act or omission, and where you are a consumer it applies only to the extent your local law permits. It is not intended to make you responsible for ordinary, good-faith use of the App.

19 Suspension and termination

You may end this agreement at any time by cancelling your subscription and uninstalling the App.

We may suspend or terminate your licence if you materially breach these Terms, particularly the restrictions in Section 6, or if we are required to do so by law. Where the circumstances allow, we will give you notice and a chance to put things right first.

If we terminate your licence for a breach you did not cause, or if we discontinue the App, you may be entitled to a pro-rated refund of the unused part of your subscription where applicable law requires it. If we terminate because of your breach, no refund is due except where the law says otherwise.

Sections that by their nature should survive the end of this agreement will survive it, including Sections 11, 12, 14, 16, 17, 18, 22, and 23.

20 Export controls and restricted regions

You confirm that you are not located in, and are not a national or resident of, a country subject to a comprehensive embargo by the European Union, the United Nations, or the United States, and that you are not on any restricted party or sanctions list maintained by those authorities. You agree to comply with all applicable export control and sanctions laws when using the App.

21 Changes to these terms

We may update these Terms, for example when we add a feature, change a provider, or respond to a change in the law. The "Last updated" date at the top always shows the current version.

For material changes that affect your rights or your subscription, we will give reasonable advance notice through the App, the website, or the store before they take effect. If you do not accept a change, your remedy is to cancel your subscription and stop using the App before it applies. Continuing to use the App after a change takes effect means you accept the updated Terms.

22 Governing law and disputes

These Terms are governed by the laws of Romania, without regard to conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If you are a consumer, this does not take away your home protections. Where you live in a country whose law gives you mandatory consumer protections, you keep the benefit of those protections and you may bring proceedings in the courts of your country of residence. Subject to that, the courts of Romania have jurisdiction over any dispute arising from these Terms.

Talk to us first. Most problems are quicker to fix by email. Before starting formal proceedings, please contact us at julien.trif@gmail.com with a description of the issue and what you would like done. We will try in good faith to resolve it within 30 days.

Out-of-court dispute resolution. If we cannot settle a dispute between us, you may be able to use an alternative dispute resolution body. In Romania, that is the SAL service of the National Authority for Consumer Protection (ANPC), anpc.ro. If you live elsewhere in the European Union, the European Consumer Centre in your country can point you to the equivalent body. We are not obliged to take part in proceedings before a consumer arbitration board, and we generally prefer to settle matters directly with you.

23 General terms

Severability. If any provision is found unenforceable, it is limited or removed to the minimum extent necessary and the rest of these Terms stay in force.
No waiver. If we do not enforce a provision, that is not a waiver of our right to enforce it later.
Assignment. You may not transfer your rights under these Terms. We may transfer ours to a successor, for example if the App is acquired, provided your rights are not reduced.
Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about the App, and they replace any earlier understanding.
No partnership. These Terms do not create an employment, agency, or partnership relationship.
Language. These Terms are written in English. Any translation is provided for convenience, and the English version governs in case of conflict, except where your local law requires otherwise.

24 Contact

Questions about these Terms, or anything else about Habitly, go to:

julien.trif@gmail.com

We aim to reply within 30 days, and usually much sooner. For help using the App, the support page is the fastest route.

Terms of Service for Habitly