Terms of Service

Welcome to Habictive ("we," "us," or "our"). Habictive is operated by FOP Yaroslav Kryvenko, a sole proprietor registered in Ukraine.

By accessing or using the Habictive website at habictive.com (the "Website") and the services provided through it (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Service.

These Terms constitute a legally binding agreement between you and FOP Yaroslav Kryvenko regarding your use of the Service. Please read them carefully before using Habictive.

Habictive is a habit tracking application that helps users build and maintain positive daily habits. The Service includes, but is not limited to:

• A personalized habit tracking system based on an initial assessment quiz
• Daily habit tracking with streaks, statistics, and visual progress indicators
• An achievement and rewards system to motivate consistent behavior
• Analytics and insights about your habit performance over time
• Free and premium subscription tiers with varying levels of features

We reserve the right to modify, update, or discontinue any aspect of the Service at any time, with or without notice. We will make reasonable efforts to notify users of significant changes.

To access certain features of the Service, you must create an account. When registering, you agree to the following:

• Age requirement: You must be at least 16 years of age to create an account and use the Service. By creating an account, you represent and warrant that you are at least 16 years old.
• Accurate information: You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
• Account security: You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You agree to notify us immediately at info@habictive.com if you suspect any unauthorized access to or use of your account.
• One account per person: Each individual may only maintain one account. We reserve the right to remove duplicate accounts.

You may register using an email address and password, or through Google OAuth authentication. Regardless of the registration method, you remain responsible for all activity under your account.

Habictive offers both free and paid subscription plans:

• Free tier: A free tier is available with core habit tracking features. No payment information is required to use the free tier.
• Paid plans: Paid subscription plans unlock additional features and are billed on a monthly or annual basis, as selected by you at the time of purchase. All prices are displayed in United States Dollars (USD).
• Payment processing: All payments are securely processed by Paddle.com Market Limited ("Paddle"), which acts as the Merchant of Record for all transactions. Habictive does not store, collect, or have access to your full credit or debit card numbers. All payment data is handled directly by Paddle in accordance with PCI-DSS standards. Paddle also handles all sales tax, VAT, and compliance obligations on our behalf.
• Automatic renewal: Paid subscriptions automatically renew at the end of each billing cycle (monthly or annually) unless you cancel before the renewal date. You will be charged the then-current subscription price at the time of renewal.
• How to cancel: You may cancel your subscription at any time through your account settings within the app, or by contacting us at info@habictive.com. Cancellation will take effect at the end of the current billing period. You will retain access to paid features until the end of the period you have already paid for.
• Price changes: We reserve the right to change subscription prices. Any price changes will be communicated to you at least 30 days in advance via email and will take effect at the start of your next billing cycle.

We want you to be satisfied with Habictive. The following refund policy applies to all paid subscriptions:

• 7-day money-back guarantee: If you are a first-time subscriber and are not satisfied with the Service, you may request a full refund within 7 days of your initial subscription purchase. This guarantee applies only to the first subscription payment and does not apply to renewal charges.
• How to request a refund: To request a refund, contact us at info@habictive.com within the 7-day window. Please include your account email address and the reason for your refund request.
• Refund processing: Approved refunds will be processed to the original payment method used for the purchase. Please allow 5-10 business days for the refund to appear on your statement, depending on your financial institution.
• After 7 days: No refunds will be issued after the 7-day money-back guarantee period has expired. If you cancel your subscription after this period, you will retain access to paid features until the end of your current billing cycle, but no partial refund will be provided.
• Exceptions: We may, at our sole discretion, consider refund requests outside of the 7-day window in cases of documented technical issues that prevented you from using the Service.

Your data belongs to you. The following terms apply to all content and data you create, upload, or store through the Service:

• Ownership: You retain full ownership of all content and data you create within Habictive, including your habits, completion records, quiz responses, and any other personal data.
• No selling of data: We do not sell, rent, or trade your personal data to third parties for marketing or advertising purposes. See our Privacy Policy for full details on how we handle your information.
• Data export: You have the right to export your data at any time. You may request a copy of your data by contacting us at info@habictive.com.
• Account deletion: You have the right to delete your account and all associated data at any time. Upon account deletion, all your personal data will be permanently removed from our systems within 30 days, except where retention is required by law (such as payment records retained for tax compliance).
• License to us: By using the Service, you grant us a limited, non-exclusive license to use, process, and store your content solely for the purpose of providing and improving the Service. This license terminates when you delete your account.

You agree not to use the Service in any way that:

• Violates any applicable local, national, or international law or regulation
• Attempts to gain unauthorized access to any part of the Service, other accounts, computer systems, or networks connected to the Service
• Interferes with or disrupts the Service or its servers and networks
• Introduces viruses, malware, or any other harmful code
• Attempts to reverse-engineer, decompile, or disassemble any part of the Service
• Uses automated means (bots, scrapers, etc.) to access the Service without our written permission
• Impersonates any person or entity or misrepresents your affiliation with any person or entity
• Abuses, harasses, or threatens others through the Service
• Creates multiple accounts to circumvent restrictions or abuse free tier limits

We reserve the right to suspend or terminate your account immediately if we determine, at our sole discretion, that you have violated these acceptable use terms.

The Service and its original content (excluding content provided by users) are and shall remain the exclusive property of FOP Yaroslav Kryvenko. This includes, but is not limited to:

• The Habictive name, logo, and all related branding and trademarks
• The website design, user interface, and user experience
• All source code, software, algorithms, and technical infrastructure
• All text, graphics, images, and other materials created by us
• The quiz system, personalization algorithms, and achievement system designs

You may not copy, modify, distribute, sell, lease, or create derivative works based on our intellectual property without our prior written consent. Nothing in these Terms grants you any right to use our trademarks, logos, or brand features.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee any specific results from using the Service, including but not limited to habit formation outcomes, behavioral changes, or personal improvement results.

Habictive is a productivity tool and is not a substitute for professional medical, psychological, or therapeutic advice. If you have health concerns, please consult a qualified professional.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOP YAROSLAV KRYVENKO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING 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
• Unauthorized access, use, or alteration of your transmissions or content
• Any other matter relating to the Service

In no event shall our total aggregate liability to you for all claims related to the Service exceed the amount you have paid us in the twelve (12) months immediately preceding the event giving rise to such liability, or fifty United States Dollars (USD $50), whichever is greater.

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms of Service
• Violation of the Acceptable Use policy
• Fraudulent, abusive, or illegal activity
• Non-payment of subscription fees
• Extended periods of inactivity (after prior notification)

You may terminate your account at any time by deleting your account through the app settings or by contacting us at info@habictive.com. Upon termination, your right to use the Service will immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

We reserve the right to modify or replace these Terms at any time. When we make changes, we will:

• Update the "Last updated" date at the top of this page
• Notify registered users via email about material changes at least 14 days before they take effect
• For significant changes affecting your rights or obligations, provide at least 30 days' notice

Your continued use of the Service after any changes to the Terms constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the Service and delete your account.

These Terms shall be governed by and construed in accordance with the laws of Ukraine, without regard to its conflict of law provisions.

Any disputes arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Kyiv, Ukraine. However, this does not affect your statutory rights under the laws of your country of residence, including any consumer protection rights that may apply.

For users within the European Union, nothing in these Terms affects your rights under the applicable EU consumer protection legislation.

If you have any questions about these Terms of Service, please contact us:

• Business entity: FOP Yaroslav Kryvenko
• Location: Kyiv, Ukraine
• Email: info@habictive.com
• Website: habictive.com

We aim to respond to all inquiries within 5 business days.