Terms of Service
Last updated: January 14, 2021
Interpretation and Definitions
Interpretation
Capitalized words have specific meanings defined in these terms. Definitions remain consistent whether singular or plural.
Key Definitions
- Application: HabitStack software program for electronic devices
- Application Store: Apple App Store or Google Play Store distribution services
- Affiliate: Entity controlling, controlled by, or under common control (50%+ ownership)
- Account: Unique user account for Service access
- Country: British Columbia, Canada
- Company: HabitStack Enterprises, 422 Richards St, Suite 170, Vancouver, BC V6B 2Z4, Canada
- Device: Computer, cellphone, or digital tablet accessing the Service
- Free Trial: Limited complimentary period when purchasing Subscription
- Service: Application, Website, or both
- Subscriptions: Service access offered on subscription basis
- Terms and Conditions: Complete agreement governing Service use
- Third-party Social Media Service: External services/content displayed by Service
- Website: HabitStack at habitstack.com
- You: Individual or entity accessing the Service
Acknowledgment
Users must accept these Terms and Conditions to access the Service. By using HabitStack, you agree to comply with all stated terms. Disagreement means you cannot use the Service.
Age Requirement: Users must be 18+ years old.
Users must also accept the Privacy Policy before using the Service.
Subscriptions
Subscription Period
Services require paid subscriptions with recurring billing (daily, weekly, monthly, or annually). Subscriptions automatically renew under identical conditions unless cancelled.
Cancellation
Users may cancel through Account settings or by contacting the Company. No refund for already-paid fees applies; access continues until current period ends.
Billing
Accurate billing information required: full name, address, state, zip code, phone number, and valid payment method. Failed automatic billing triggers manual invoice payment requirements.
Fee Changes
The Company may modify subscription fees at its discretion. Reasonable prior notice enables cancellation before changes take effect. Continued use constitutes acceptance of new fees.
Refunds
Paid Subscription fees are non-refundable except as required by law. Case-by-case refund requests are handled at Company discretion.
Free Trial
The Company may offer limited Free Trial periods. Billing information may be required. Trial charges automatically convert to subscription fees unless cancelled before expiration. The Company reserves rights to modify or cancel Free Trial offers.
User Accounts
Account information must remain accurate and current. Failure constitutes breach risking immediate termination.
Users are responsible for password security and account activity. Passwords must not be disclosed to third parties. Security breaches require immediate notification.
Usernames cannot be another person's name, unavailable names, trademarked names without authorization, or offensive/vulgar content.
Links to Other Websites
The Service contains third-party links outside Company control. The Company assumes no responsibility for external content, privacy policies, or practices. Users should review third-party terms and privacy policies independently.
Termination
The Company may immediately terminate accounts for any reason, including Terms violations, without prior notice. Termination immediately ceases Service access. Users can discontinue by stopping Service use.
Limitation of Liability
Total Company liability is limited to amounts paid through the Service or $100 USD for non-purchasers. The Company is not liable for special, incidental, indirect, or consequential damages, including profit loss, data loss, business interruption, personal injury, or privacy loss, even if advised of damage possibilities.
Some jurisdictions prohibit implied warranty exclusions or liability limitations, so restrictions may not apply universally.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided "AS IS" and "AS AVAILABLE" with all faults. The Company disclaims all warranties—express, implied, statutory—regarding merchantability, fitness, title, and non-infringement. No guarantee covers meeting requirements, compatibility, uninterrupted operation, error-free function, or corrections.
Some jurisdictions restrict warranty exclusions, so limitations may not apply completely.
Governing Law
British Columbia law governs these Terms, excluding conflict rules. Local, state, national, or international laws may additionally apply.
Disputes Resolution
Parties should first attempt informal dispute resolution by contacting the Company.
EU Consumer Protections
EU consumers benefit from mandatory consumer protection laws in their resident country.
U.S. Federal Government End Use
For U.S. federal users, the Service qualifies as a "Commercial Item" under 48 C.F.R. §2.101.
U.S. Legal Compliance
Users represent they are not in embargoed countries, terrorist-supporting nations, or on prohibited/restricted party lists.
Severability and Waiver
Severability
Unenforceable provisions are modified to maximum permissible extent; remaining provisions remain valid.
Waiver
Failure to enforce rights doesn't prevent future enforcement or waive subsequent breaches.
Translation Interpretation
Original English text prevails in disputes despite translations.
Changes to Terms and Conditions
The Company reserves modification rights. Material changes receive at least 30 days' notice before implementation. Continued use after changes indicates acceptance. Disagreement requires stopping Service use.
Contact Information
Email: office@habitstack.com
Address: 422 Richards St, Suite 170, Vancouver, BC V6B 2Z4, Canada
Copyright © HabitStack