Terms of Service

Updated Jan 18, 2021


Introduction

These terms and conditions govern your use of this website; by using this website, 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 this website. 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 Service will be posted to the website prior to the new terms becoming effective. Any new features released by Habit Dash shall be subject to the Terms of Service. 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.

Account

  1. You may not use Habit Dash for illegal or unauthorized purpose. This includes copyright and trademark laws.
  2. You are responsible for keeping your username and password secure. Habit Dash is not liable for any damage due to security issues resulting from your failure to do so.
  3. You must be 13 years or older to use Habit Dash.
  4. Your login may only be used by the person who registered. Shared logins is not permitted.

Service

  1. Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Support for Habit Dash services is only available in English, via email or in-app messaging.
  3. We provide no guarantees for level of support, unless stipulated by an additional contract or SLA.
  4. You understand that Habit Dash uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  5. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Habit Dash, or any other Habit Dash service.
  6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Habit Dash.
  7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Habit Dash customer or employee will result in immediate account termination.
  9. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  10. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
  11. You must not transmit any worms or viruses or any code of a destructive nature.
  12. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Habit Dash) of other Habit Dash customers, we reserve the right to immediately disable your account.
  13. Habit Dash does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  14. You expressly understand and agree that Habit Dash shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Habit Dash has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the service; (v) or any other matter relating to the service.
  15. You must not attempt to reverse engineer, read, or modify any Habit Dash code, or any code in a third party package being used by Habit Dash. This includes any code, configuration, or tools specifically related to the build process (eg. Dockerfile).
  16. The failure of Habit Dash to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Habit Dash and govern your use of the Service, superseding any prior agreements between you and Habit Dash (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under California law.

Content ownership

  1. Your content is and will always remain your content. We claim no intellectual property rights over your content.
  2. You give us the right to display your content to other users of Habit Dash, with respect to the privacy levels you set for the content.
  3. Habit Dash does not screen or approve content.
  4. Habit Dash holds the copyright to the look and feel of the service. While you are free to extract your content at any time, you may not copy any portion of the HTML, CSS or JS.

Payment

  1. Unless otherwise agreed, you will be billed monthly. Payment will be billed on (or as near as possible) to the day of the month you initially upgraded on.
  2. For any upgrade or downgrade in plan level while on a monthly billing cycle, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

Cancellation

  1. You are solely responsible for properly cancelling your account. You can cancel your account at any time by going to the billing page under settings.
  2. Habit Dash, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of Habit Dash for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Habit Dash reserves the right to refuse service to anyone for any reason at any time.

Services and pricing

  1. Habit Dash reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of the services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting changes to the Habit Dash site or the Service itself.
  3. Habit Dash shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuation of the service.

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].

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