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Introduction

These terms and conditions govern your use of our coaching features; by using these features, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our coaching features. If you are entering into this agreement on behalf of a company or other legal entity, the terms “you” and “your” shall refer to the entity. By signing up, you are acknowledging that you have the authority to agree to these terms on behalf of the entity.

Any changes to the Terms of Use will be posted to the website prior to the new terms becoming effective. Any new coaching features released by Habit Dash shall be subject to the Terms of Use. Continued use of the service after any such changes shall constitute your consent to such changes.

Violating of any of the terms below may result in the termination of your account.

Use of Habit Dash Coaching Features

• Acceptance of the Terms
  By entering into the Terms and using the coaching features, you represent and warrant that (i) you are of legal age to form a binding contract with Habit Dash; (ii) you are not a person barred from using or receiving the features under the laws of the United States or other countries (including the country in which you are resident or from which you use the coaching features); and (iii) if you are entering into the Terms or using the coaching features on behalf of an entity, that you have authority to bind that entity to the Terms and are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).

• Registration
  In order to access and/or continue to use certain coaching features you may be required to provide Habit Dash with certain information (such as identification or contact details). Any such information must always be accurate and up to date, and you agree to promptly inform us of any updates to such information.

• Compliance with Law, Third Party Rights, and Other Habit Dash Terms of Use.
  You will (i) comply with all applicable laws, regulations, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws); (ii) require your End Users to comply with (and not knowingly enable them to violate) applicable laws, regulations, and the Terms; (iii) not use the coaching features to encourage or promote illegal activity or violation of third party rights; and (iv) not violate any applicable terms of use with Habit Dash (or its affiliates).

• Permitted Access
  You will not misrepresent or mask either your identity when using the coaching features. You will not share your credentials with any other people.

• HIPPA
  Unless otherwise agreed in writing by Habit Dash, Habit Dash makes no representations that the coaching features satisfy under the Health Insurance Portability and Accountability Act, as amended ("HIPAA"), and does not intend use of the coaching features to create obligations under HIPPA. If you are (or become) a "covered entity" or "business associate" (each as defined under HIPAA) you agree that you will not use the coaching features for any purpose or in any manner involving transmitting protected health information to Habit Dash unless you have received prior written consent to such use from Habit Dash.

• Non-Exclusivity
  The coaching features are provided on a non-exclusive basis. You acknowledge that Habit Dash and other users of the coaching features may develop products or services that may compete with your products or services.

• Ownership
  By using the coaching features, you do not acquire ownership of any rights in the coaching features or the content that is accessed through the coaching features.

• End User Privacy
  You will comply with all applicable privacy laws, rules and regulations (collectively, “Data Privacy Laws”) including those applicable to information identifying or relating to a particular individual, including information referred to as “personally identifiable information” or “personal information” under Data Privacy Laws (collectively, "PII"). You agree not to transfer or disclose user information to any third parties, except as expressly permitted by the Terms, End Users, your then-current privacy policy, and in compliance with all applicable laws.

• Security
  You agree (i) that you are fully responsible for the security of End User information in connection with your use of our coaching features; (i) to use commercially reasonable and appropriate administrative, technical, and physical measures to protect End User information collected by your use of our coaching features, including PII, from unauthorized access or use; (ii) to promptly report to End Users any unauthorized access or use of such information (a “Security Incident”) to the extent required by applicable law. You must notify Habit Dash of any Security Incident as soon as possible, but in any event without undue delay after the discovery of such Security Incident by contacting us at [email protected].

Restrictions

When using the coaching features, you are responsible for all use that occurs under your credentials, and you may not (or allow those acting on your behalf to):

• Impose any terms on End Users that are inconsistent with the Terms.
• Sell, rent, lease, redistribute, or syndicate access to any services Habit Dash makes available through the coaching features; provided that you are not prohibited from charging a fee for the provision of functionality not provided by the Habit Dash Platform in your services.
• Market, sell, license or lease data transferred or accessed through the coaching feature, directly or indirectly, to any third party even if an End User consents to such use.
• Distribute unsolicited advertising or promotions, send messages, make comments, or initiate any other unsolicited direct communication with anyone.
• Use the coaching features in, or in connection with, any application, website or other product or service that includes content that is (A) defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive; or (B) promotes or facilitates online gambling, disruptive commercial messages or advertisements.
• Interfere with, overburden, disrupt or otherwise impair the coaching features or the servers or networks providing the coaching features.
• Disparage Habit Dash or participate in activities perceived as detrimental or harmful to Habit Dash, its business or reputation.

Prohibitions on Habit Dash Data

Unless expressly permitted by the Habit Dash Data owner or by applicable law, you will not, and will not permit your End Users or others acting on your behalf to, do the following with Habit Dash Data returned from the coaching features:

• Expose Habit Dash Data to other users or to third parties without explicit opt-in consent from that user that provided the Habit Dash Data and in accordance with the Terms;
• Scrape, build databases, or otherwise create permanent copies of Habit Dash Data, or keep cached copies longer than permitted by the cache header;

Habit Dash Privacy and Security

• By using the coaching features, you represent and warrant that you have reviewed the Habit Dash Terms of Service and the Habit Dash Privacy Policy and understands how we collect, use and safeguard the any information, including any PII, you may provide to Habit Dash.
• Habit Dash is responsible for protecting the security of PII in its possession and will maintain commercially reasonable and appropriate administrative, technical, and physical procedures to protect all the PII that is stored on Habit Dash servers from unauthorized access and accidental loss or modification. If you believe you’ve identified a security vulnerability, you must notify our security team as soon as possible at [email protected].

Termination

You may stop using the coaching features at any time. Habit Dash reserves the right to discontinue the coaching features or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you. Upon any termination of the Terms or if your access to an coaching feature is discontinued, you must immediately stop using the applicable coaching features, and delete any cached or stored content that was permitted under the Terms. Habit Dash may independently communicate with any account owner whose account(s) are associated with your Applications and developer credentials to provide notice of the termination of your right to use a coaching feature.

Contacting us

If you have any questions about our policies, the practices of this site, or your dealings with this site, please feel free to contact us at [email protected].