This policy was last modified on Feb 7th 2023

Terms of Service

We are pleased to offer you our mobile applications (the "App"), games (the "Game"), websites (the "Site"), and related information, content, services, and products (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these terms and conditions ("Terms" or "Agreement").
Throughout this Agreement, "we," "us," "our," or "Daily Habit" refers to Daily Habit LLC, a limited liability company organized under the laws of Pennsylvania, USA.

ACCEPTING THESE TERMS

By continuing to use the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms. Please read this Agreement carefully before using our Service. If you do not agree to these Terms, you should not use the Service.

CHANGES TO THESE TERMS

We may update these Terms of Service from time to time to reflect changes to our business or the law. We will notify you of any changes by revising the date at the top of these Terms and, in some cases, providing you with additional notice through the App, Game, or Site. By continuing to use our Service after we post any changes to these Terms, you accept the revised Terms. Please review these Terms regularly to stay informed about any updates. If you do not agree with any of the changes, you should stop using our Service.

PRIVACY POLICY

We take your privacy and control over your personal information seriously at Daily Habit LLC. Our Privacy Policy governs the collection and use of any personal information you provide us with. By using our service, you agree to our collection and use of your information and content as outlined in our Privacy Policy. This may include the transfer of your information to other countries for storage, processing, and use by us. We understand the importance of transparency and have made our Privacy Policy clear and accessible to you. If you have any questions about our Privacy Policy or the handling of your personal information, please contact us at privacy@dailyhabit.me

THE SERVICE

Daily Habit provides mobile applications, games, and sites to enhance your daily life.
To access certain features of the Service, you must create an account ("Account"). You can do this with your email address and a password of your choosing or via third-party authentication, such as Sign in with Apple. You agree to provide accurate and complete information when creating your Account and to keep your Account information up to date.
The Service offers paid functionality that allows you to access various enhanced features or purchase items offered for sale through the Service. These purchases are subject to the terms and conditions set forth in the “Purchases” section.

CONTENT

For the purposes of these Terms of Service and our Privacy Policy, "Content" refers to any text, image, video, audio, or interactive content that is provided to you through the Daily Habit service. While we strive to ensure that the Content provided is accurate, we cannot guarantee that all Content will meet your needs, or be free from inaccuracies, indecency, offensiveness, or unsuitability for children. It is your responsibility to take necessary precautions to protect yourself, and you agree that Daily Habit will not be held liable for any damages you allege to incur as a result of User Content.
Additionally, the Service may contain Content from third parties that may violate privacy, publicity rights, or intellectual property and other proprietary rights without our knowledge, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated. Daily Habit takes no responsibility for any harm resulting from such third-party content on the Service, or from the use of such content by any user of the Service.
If you believe that any Content on the Service infringes upon your rights (including privacy, publicity, or intellectual property rights), or if you witness any unlawful, malicious, harmful, or otherwise objectionable Content, please inform us at report@dailyhabit.me so that we can take appropriate actions to address the issue.

PURCHASES

Daily Habit offers enhanced features of the Service that you may purchase as a subscription ("Subscription") or a one-time purchase ("In-App Purchase") (collectively referred to as "Purchase"). The features associated with each Purchase type are described on our Service. All payments for Purchases must be made at the time of your order.
When you purchase a Subscription, it will automatically renew until you cancel. If you purchased your subscription through an App Provider such as Apple, you will need to cancel the renewal of your subscription with that same App Provider. If you cancel a Subscription, you will not receive a refund for any fees you have already paid for the current Subscription period. However, you will continue to receive the Services ordered until the end of your current Subscription period.

LICENSE AGREEMENT

Daily Habit grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service. This license also governs any updates or modifications to the Service. You may use the Service only for its intended purposes and in compliance with the terms and conditions of this agreement.
By accessing or using the Service, you agree to abide by the following guidelines and restrictions:
- You may not modify or create derivative works of the Service.
- You may not use any data mining, robots, or similar data gathering or extraction methods in connection with the Service.
- You may not attempt to access areas or features of the Service that you are not authorized to access.
- You may not engage in any activity that could compromise the security of the Service.
- You may not reverse engineer or access the Service in order to build a competitive product or service.
- You may not use the Service in any way that could damage, disable, overburden, or impair the functioning of the Service.
- You may not use the Service in any manner that infringes any of the terms and conditions of this agreement.
In the event that you do not comply with these guidelines and restrictions, we may terminate your use of the Service. Additionally, if you infringe the copyright or other rights of Daily Habit or third parties, you may be subject to prosecution and damages.

INTELLECTUAL PROPERTY

The design of Daily Habit's apps, games, and sites, including but not limited to the texts, scripts, graphics, formatting, graphs, trademarks, service marks, logos, designs, look and feel, HTML, source code, queries, algorithms, and interactive features are owned by or licensed to Daily Habit. These materials are subject to copyright and other intellectual property rights, as well as applicable domestic and foreign laws and international conventions.
By using our Service, you acknowledge and agree that Daily Habit provides the Service to you 'AS IS' for your personal use and information only. Daily Habit reserves all rights not expressly granted in and to the Service.
You are granted a limited, non-exclusive, non-transferable, and revocable license to use our Service and the materials provided therein. You agree not to engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Content obtained through the Service for any commercial purposes.
You further acknowledge and agree that any unauthorized use of our Service and the materials provided therein may constitute infringement of our intellectual property rights and could result in legal action. We reserve the right to take all appropriate measures to protect our intellectual property, including seeking injunctive relief and damages.

USER GENERATED CONTRIBUTIONS

SERVICE ELIGIBILITY

In order to use the Service provided by Daily Habit LLC, you must meet the following eligibility requirements:
You must be of legal age to enter into a binding contract, as determined by the laws of the jurisdiction in which you reside.
You must have the full legal capacity and authority to enter into this Agreement, and doing so must not violate any other agreement or law to which you are a party or subject.
You must be a citizen or resident of a country from which you are accessing the Service, and the use of the Service must not violate any laws of that country.

MODIFICATIONS TO THE SERVICE

Daily Habit LLC reserves the right, at its sole discretion, to make changes to the Service, including but not limited to the features, information, materials, and content provided. This includes the right to review, improve, modify, or discontinue the Service temporarily or permanently, with or without prior notice to you.
You acknowledge and agree that Daily Habit LLC will not be liable to you or any third party for any changes made to the Service, including the discontinuation of the Service, its content, or any portion thereof. By using the Service, you agree to accept these modifications and any resulting changes to the Service.

SUSPENSION/TERMINATION OF SERVICE

Daily Habit LLC reserves the right to suspend or terminate your access to the Service at any time, for any reason or for no reason at all, and with or without notice, at its sole discretion. This suspension or termination may occur if you violate any of the terms outlined in this Agreement, or for any other reason deemed appropriate by Daily Habit LLC.
In the event of suspension or termination, Daily Habit LLC may ban you from accessing and using the apps, games, and sites provided through the Service. This suspension or termination will not be considered an admission of liability and will not affect any rights, remedies, or defenses that Daily Habit LLC may have. By using the Service, you agree to accept the possibility of suspension or termination as outlined in this section.

CONSENT TO ELECTRONIC COMMUNICATIONS

By using the Service provided by Daily Habit LLC, you agree to receive electronic communications related to the administration, security, and other matters relevant to your use of the Service. This includes, but is not limited to, notifications and updates related to your account, the Service, and any changes or updates to the terms of service or privacy policy.

THIRD PARTY RIGHTS

By using the Service provided by Daily Habit LLC, you agree to comply with any relevant third-party terms of service, including but not limited to the Apple App Store Terms of Service, Google Play Store Terms of Service, and the terms of service of any third-party host for the content provided through the Service.
You acknowledge and understand that the availability of the Service and its content may be dependent on these third-party terms of service. In the event of any conflicts between the terms of this Agreement and the third-party terms of service, the more restrictive terms will govern.

DISCLAIMER OF WARRANTIES

The Service and any other services and content provided or made available to you through the Service are provided on an "as is" or "as available" basis, without any warranties or representations of any kind. Daily Habit LLC hereby disclaims all warranties, whether express or implied, oral or written, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
Daily Habit LLC does not make any representations or warranties that the Service will be error-free or that access to the Service will be uninterrupted or continuous. All other warranties and representations, whether express or implied, regarding the Service and the content provided through the Service are also disclaimed, whether arising by operation of law, by reason of custom or usage in the trade, by course of dealing, or otherwise. By using the Service, you agree to use it at your own risk and accept these terms.

LIMITATION OF LIABILITY

You understand and acknowledge that the use of the Service provided by Daily Habit LLC is at your own discretion and risk.
To the maximum extent permitted by applicable law, Daily Habit LLC and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising from:
- Your access to or use of, or inability to access or use, the Service;
- Any conduct or content of any third party on the Service, including but not limited to any defamatory, offensive, or illegal conduct of other users or third parties;
- Any content obtained from or made available through the Service; and
- Unauthorized access, use, or alteration of your transmissions or content.
This limitation of liability applies regardless of the form of action, whether based on warranty, strict liability, contract, tort (including negligence), or any other legal theory, and even if Daily Habit LLC has been advised of the possibility of such damages. The limitations of liability set forth in this section do not apply in case of death or personal injury and other cases prohibited by applicable law, or in the case of willful misconduct or gross negligence.
In some countries, limitations or exclusions of liability in contracts with consumers are not allowed, and as a result, the contents of this section may not apply to you. If the above limitations are unenforceable, you agree that Daily Habit LLC's liability to you under these terms shall not exceed the total amount of money paid to Daily Habit LLC by you.
The limitations of liability set forth in this section also apply to the personal liability of Daily Habit LLC's employees, representatives, and agents.

GOVERNING LAW

This Agreement will be governed by the laws of the State of Pennsylvania excluding its body of law controlling conflict of laws.

Contact Us

If you have any questions about these Terms, please contact us at terms@dailyhabit.me.