Terms of Service

1. Scope

These terms govern your use of the Habiton app and the associated website. By downloading or using the app, you accept them.

Our privacy policy explains how we handle data and forms part of this agreement.

2. Provider

Rebekka Orth Software Solutions, Dorotheenstrasse 188, 22299 Hamburg, Germany; Email: habiton-business@outlook.com; Telephone: 01607907210

3. What Habiton is

Habiton is a habit tracking app. At a time you choose, it triggers an alarm and records a habit as completed only once you have photographed the agreed proof. The photo is evaluated automatically on your device.

You choose your habits. The app does not propose, recommend, prescribe or assess them. It has no knowledge of your health, your fitness, your medical history or your circumstances, and it does not evaluate whether a habit you have set is safe, sensible or appropriate for you. It records that you did the thing you told it you would do. Deciding what to do, how much of it to do, and whether to do it at all on a given day remains entirely yours.

Habiton is a motivational tool. It is not medical, psychological, nutritional, fitness, legal or other professional advice, and it neither diagnoses nor treats nor prevents any condition. Where a habit concerns physical activity, diet, medication or your health, seek professional advice before setting it, and follow that advice rather than the app if the two ever point in different directions.

Stop if something is wrong. A streak is a counter in an app. It is not a reason to train through pain, to skip a meal, to take a dose you should not take, or to continue anything that is harming you. Missing a day costs you nothing but the number.

If you are affected by an eating disorder, exercise compulsion, or any condition in which a streak-driven app could cause harm, this app is not suitable for you.

Use of the app requires a device running a supported version of iOS and, for some functions, permissions you grant yourself.

Age. The app is not directed at children. You must be at least 16 to use it. If you are under 18, you need the consent of a parent or guardian before taking out the paid subscription, because a minor's contract requires it.

4. Licence

We grant you a simple, non-exclusive, non-transferable right to use the app for your own private purposes, for the duration of your subscription, on Apple-branded devices that you own or control and as permitted by the Usage Rules in Apple's Media Services Terms and Conditions, including any Family Sharing or volume purchasing arrangements those rules provide for.

You may not decompile, reverse-engineer or modify the app, remove notices of authorship, or pass it on, rent it out or resell it. Statutory rights of decompilation under § 69e UrhG remain unaffected.

All rights in the app, its name and its design remain with us.

5. Subscriptions, payment and cancellation

Use of the app requires a paid subscription. The current price, the subscription period and any trial period are shown in the app before purchase; that display is authoritative.

Apple is the seller. The purchase contract for the subscription is concluded between you and Apple. Payment, billing, tax and refunds are handled exclusively by Apple.

• Payment is taken from your Apple Account when you confirm the purchase.
• The subscription renews automatically unless you switch off automatic renewal at least 24 hours before the end of the current period.
• Renewal is charged within 24 hours before the current period ends.
• Where a trial period is offered and you have not used it before, any unused portion lapses on purchase.

Cancellation is made in your Apple Account settings, under Settings → your name → Subscriptions. We cannot cancel a subscription for you and have no access to your billing data. This matters wherever these terms give you a right to end the agreement: ending your agreement with us does not stop Apple billing you, so you must also cancel through Apple.

Right of withdrawal. Because Apple is your contracting party for the purchase, your statutory right of withdrawal is exercised through Apple. Refund requests likewise go to Apple, under Apple's terms. Your statutory rights as a consumer remain unaffected.

Where a trial period applies, we intend to notify you the day before it ends. This is a courtesy, not a contractual obligation: it depends on notification permission and on your device being able to receive the message, and it does not affect your own responsibility to cancel in time.

6. Alarms

The app's alarms depend on iOS, on your device and on the permissions you grant. Please do not use Habiton as your only alarm for anything that matters.

An alarm may fail to sound — for example if the necessary permission is missing or has been withdrawn, if the device is switched off, out of battery or restarting, if a system setting or other software suppresses it, if a future version of iOS changes how alarms behave, or if the app has been force-quit or removed.

This is what the app is, not a reservation we are making: an alarm delivered through iOS is subject to iOS. For anything with real consequences — a flight, an appointment, medication — please set a second, independent alarm.

7. Photo evaluation

The automatic evaluation of your proof photo is not infallible. It may accept a photo you did not intend to count, and reject one you did. It is a motivational mechanism, not a measuring instrument.

Confirmations, streaks and statistics in the app are therefore not evidence and must not be presented to third parties — an employer, an insurer, a court or anyone else — as proof of conduct.

8. Your responsibilities

Your habits. You are responsible for choosing habits that are safe and appropriate for you, for how you carry them out, and for stopping when you should. See section 3.

Your use of the app. You agree not to use the app unlawfully, not to photograph other people without their agreement, not to photograph anything you are not permitted to photograph, and not to interfere with or circumvent the way the app works.

You are responsible for what you point the camera at, including the rights of anyone depicted.

9. Your content

Everything you create in the app — habits, name, pledge, photos and history — belongs to you and stays on your device. We claim no rights in it and, as set out in the privacy policy, do not receive it.

Because it exists only on your device, you are responsible for backing it up. If you delete the app, lose your device or have no backup, we cannot restore your data.

10. Availability and changes to the app

We do not owe uninterrupted availability. The app depends on Apple's platform; changes to iOS or to Apple's rules may affect or remove functions, including the behaviour of alarms, and are outside our control.

We provide the updates needed to keep the app in conformity with the contract, including security updates, for the duration of your subscription, as required by § 327f BGB.

Changes beyond that. We may change the app beyond what is needed to maintain conformity only for one of the following reasons:

• to adapt it to a changed technical environment, in particular a new version of iOS or a change to Apple's platform rules;
• to comply with a legal requirement or a court or regulatory decision;
• to address a security vulnerability;
• to add a function, provided existing functions are not thereby impaired.

Any such change will be made at no additional cost to you. We will inform you of it in advance, clearly and comprehensibly, by a notice in the app presented in a form you can keep.

Your right to terminate. Where such a change impairs your access to the app or your ability to use it more than insignificantly, you may terminate the agreement free of charge within 30 days of being informed of the change or of the change taking effect, whichever is later (§ 327r BGB). We will tell you about that right at the same time and in the same form as the change itself. You do not have this right if we give you the option of continuing to use the app unchanged and without additional cost. Remember to cancel through Apple as well (section 5).

11. Term and termination

You may stop using the app at any time by deleting it. That does not by itself cancel your subscription — cancellation is made through Apple (section 5).

We may terminate this agreement for good cause. Good cause exists in particular where you seriously or repeatedly breach these terms. Before terminating we will, where reasonable and proportionate, give you notice and an opportunity to remedy the breach.

Sections 6, 7, 9, 12, 13 and 15 survive termination.

12. Warranty and liability

12.1 What we owe

The statutory rules on defects apply, without restriction. Sections 3, 6 and 7 describe what the app does and what it does not do; they define the product, and are not an exclusion of your rights.

12.2 What we do not owe

We do not assess whether a habit you have chosen is safe, healthy or appropriate for you, and we owe you no such assessment. The app has no means of making that judgement and does not attempt it. Choosing a habit, deciding how to carry it out, and deciding whether to continue on any given day are your own decisions, taken outside the app and outside our knowledge.

This describes the scope of what we have promised you. It does not limit any liability we have where we have caused harm.

12.3 Liability

We are liable without limitation:

• for damage arising from injury to life, body or health,
• for intent and gross negligence,
• for the absence of a warranted characteristic, and
• under the German Product Liability Act.

In the event of slight negligence, we are liable only for breach of an essential contractual obligation — an obligation whose fulfilment makes proper performance of the contract possible in the first place and on which you may regularly rely. In that case liability is limited to the damage typically foreseeable at the time the contract was concluded.

Any further liability is excluded.

Nothing in these terms limits mandatory statutory rights you have as a consumer.

13. Applicable law and dispute resolution

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Where you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of your habitual residence.

If you have a concern, please contact us first at the email address above; most matters are settled that way.

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

14. Amendments to these terms

We may amend these terms only where one of the following applies:

• a change in the law, or a decision of a court or competent authority, requires it;
• a change in Apple's platform rules or contractual requirements for App Store developers requires it;
• a change is needed to close a gap that has arisen because a provision has become invalid or unworkable;
• a function described in these terms has been added, changed or discontinued in accordance with section 10, and the description must be brought into line.

An amendment may not shift the balance of the agreement to your disadvantage beyond what the reason for it requires.

How we notify you. We will notify you of any amendment at least 30 days before it takes effect, by a notice in the app presented in a form you can keep. Because the app has no user account and we hold no contact details for you, we cannot write to you individually; the notice in the app is how you will hear of it, and the current version is always published on our website. The notification will set out what is changing, when it takes effect, that you may object, and what happens if you do.

If you object. You may object within that 30-day period, at no cost and without giving reasons. If you object, the amendment does not apply to you and the existing version of these terms continues to apply to your use of the app. If we are unable to continue providing the app to you on the existing terms, we may instead terminate the agreement with effect from the date the amendment takes effect, and will tell you so in the notification. Remember to cancel through Apple as well (section 5).

Amendments that are merely advantageous to you, or that do not affect your rights and obligations, take effect without this procedure.

15. Provisions relating to Apple

These terms are concluded between you and us, not with Apple. Apple is not responsible for the app or its content.

• Apple is under no obligation to provide maintenance or support for the app.
• If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. Beyond that, and to the maximum extent permitted by law, Apple has no warranty obligation in respect of the app.
• We, not Apple, are responsible for claims relating to the app, including product liability claims, claims that the app does not meet legal or regulatory requirements, and claims under consumer protection law.
• We, not Apple, are responsible for defending third-party claims that the app infringes intellectual property rights.
• You must comply with any applicable third-party terms when using the app — for example the terms of your wireless data service agreement.
• You confirm that you are not resident in a country subject to a US embargo or designated as a "terrorist supporting" country, and that you are not on any US list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

16. Final provisions

Should individual provisions be or become invalid, the validity of the remainder is unaffected. The invalid provision is replaced by the statutory rules.

If we do not enforce a right on a particular occasion, we do not thereby waive it.

17. Contact

Rebekka Orth Software Solutions
Dorotheenstrasse 188
22299 Hamburg
Germany

Email: habiton-business@outlook.com
Telephone: 01607907210