TERMS

OF USE

Terms of use

Comes into effect on September 13, 2022.

1. About these Terms.

Please read these Terms of Use (“Terms”) carefully as they govern your use and access to Habtic Service.

Habtic Service include the use of the application on any device, personalisation of user experience, the infrastructure to provide the service, your interaction with us on social media, or otherwise interact with us, and the connection of your Habtic account with another service. It also includes, for instance, all Habtic’s websites and customer service.

From time to time, we may develop or offer new or additional services. These are also subject to these Terms unless otherwise stated at launch.

By signing up for or otherwise using the Habtic service, you agree to these Terms. If you do not agree to these Terms, you may not use the Habtic service or access any content.

These terms are between you and Habtic Corporation B.V., registration number 76373959 with address in Stroombaan 6-8, 1181VX Amstelveen.

To use the Habtic Service, you must (1) be 18 years of age or older; (2) have the authority to enter into a binding contract with us and are not precluded under applicable law, and (3) reside in a country where the Service is available. You also promise that any registration information you submit to Habtic is true, accurate and complete, and agree that it will remain so at all times.

2. About our Service.

Habtic Service is free of charge to you, because your employer (our Client) is paying us a subscription that covers your use.

Our offering and availability, despite our efforts, may be interrupted without liability to us, for example on the following cases:

• Technical issues, maintenance, updates, testing, and forced interruptions due to changes in the applicable laws and regulations.
• In our search for continuous improvement, we may modify, suspend, terminate or discontinue (permanently or momentarily) Habtic Service.
• Habtic reserves the right to modify or terminate the Habtic service for any reason, without notice at any time.
• Habtic reserves the right to delete any Content for any reason, without prior notice.

If your employer terminates the agreement with us, Habtic will allow you to complete your pending activities for free, after which your account will be deactivated.

3. Your use of Habtic Service.

Create your account
You will need to create a Habtic account to use all or part of the Habtic service. You are responsible for keeping your account details, especially your password, secure. You understand that you are responsible for all use (including unauthorized use) of your username and password. Notify our customer service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account. Habtic may revoke or require you to change your username for any reason.

Access to Habtic services
Subject to your compliance with these Terms, we grant you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Habtic service. You are not allowed to redistribute or transfer Habtic service and/or its contents. The content in Habtic Service is licensed, not sold or transferred to you.

You can give us API access to your information as it’s stored on a third-party account, in order for us to provide you with a better service. However, you must know that if you grant us access, we can draw lifestyle information from a range of services such as Fitbit, Apple Health, and Google Fit. This only ever happens with your consent, and you are always in control of our access to your data.

Intellectual property
The Habtic service is owned by Dephion Group B.V. All trademarks, names, logos, domains and other Habtic brand features are the exclusive property of Dephion.

Feedback
If you provide any ideas or suggestions or other feedback in connection with your use of the Habtic service, you acknowledge that such feedback is not confidential and Habtic can use it without any payment.

User rules
You are solely responsible for your conduct within Habtic. The following are prohibited with respect to the Services and any material or content made available through the Services, or any portion thereof:

• You must not access Habtic’s private API by any other means other than the Habtic application itself.
• You must not crawl, scrape, or otherwise cache any content from Habtic including but not limited to user profiles.
• You must not create or submit unwanted email or comments to any Habtic members (“Spam”).
• You must not transmit any worms or viruses or any code of a destructive nature.
• You must not, in the use of Habtic, violate any laws in your jurisdiction (including but not limited to copyright laws).
• You must not provide your password to another person or use another person’s username and password.
• You must not remove or alter any copyright, trademark or other intellectual property notices.
• You must not sell, rent, sublease, or otherwise monetise Habtic Services or content.
• You must not copy, reproduce, redistribute, record, transmit, perform, broadcast or make available to the public Habtic Services or content.
• You must not participate in activities or post content that is harmful to the Habtic environment.
• You must at all times comply with applicable laws, rules and regulations.
• You must grant us the right to allow the Habtic Service to use your Device’s processor, bandwidth, and storage hardware to enable the Habtic Service to operate.
• Violation of any of these rules may result in the termination of your Habtic account.

4. Warranty.

We will provide the service to our best capabilities and in accordance with applicable laws and regulations. However, you acknowledge that Habtic is provided without warranties of any kind. Habtic also disclaims warranties with respect to the content of the services. Habtic does not guarantee the service is free from malware or other harmful components.

Habtic makes no warranties nor assumes any responsibility for third-party applications, content, or products related to Habtic services.

5. Disputes and conflict resolution.

These Terms will continue to apply to you until terminated by you or Habtic. Habtic may terminate these Terms or suspend your access to the Habtic Service at any time if we believe that you have breached any of these Terms, if we stop providing the Habtic Service or any material part thereof, or if we believe it is necessary to comply with applicable law.

In any case, you agree that Habtic will not be liable or responsible to you. You may terminate these Terms at any time. If you are dissatisfied with our service, you may stop using Habtic or delete your account at any time.

Bear in mind that some provisions, because of their nature, will survive the termination of these Terms.

In no event shall Habtic, its representatives, shareholders, employees, directors, successors, suppliers or licensors be liable for any damages, loss of use, data, business or profit caused by the inability to use Habtic. Any liability you believe we have in respect of losses you incur is strictly limited to losses that were reasonably foreseeable.

Unless prohibited by law, any claim should be made within one year from the date that the act giving rise to the claim took place.

You agree to indemnify Habtic against all reasonably foreseeable losses, damages and reasonable expenses suffered or incurred by Habtic due to your violation to these Terms, the law, or the rights of a third party.

6. Applicable law and jurisdiction.

These Terms are governed and construed in accordance with the laws of the country where you have your habitual residence. You, as well as Habtic, shall have the right to bring any dispute before the competent court according to applicable law.

7. Miscellaneous.

If any provision of these Terms is or becomes illegal, invalid or unenforceable, in any respect it shall not affect or impair the legality, validity or enforceability of any other provision of the Terms; and if such provision would be legal, valid or enforceable to the extent some part of it were deleted, such provision shall apply with the minimum modifications necessary to make it legal, valid or enforceable.

Any failure by us to enforce these Terms or any provision thereof shall not constitute a waiver by us.

It is also important for you to know that we may change these Terms from time to time. If we make changes, we will notify you

by revising the date at the top of these Terms. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.

This Terms contain all terms and conditions agreed upon between you and Habtic and supersede all prior agreements with respect to the subject matter of these Terms, whether written or oral. Our Privacy Policy, Cookie Policy are also part of these Terms.

8. Contact us.

If you have any questions about these Terms, or if you are seeking for customer support, or have comments or suggestions, please contact us at support@habtic.com

You can also write to us to Habtic Support, Stroombaan 6-8, 1181VX, Amstelveen.