Terms of Use

Last updated: 27/02/2024

Welcome to Habit Tracker - Plan, Succeed (“App”), provided by Momentum Apps Limited (“Company,” “we,” “us,” or “our”). By downloading, accessing, or using this App, you (“User,” “you”) agree to these Terms of Use (“Terms”). If you do not agree, please do not use the App.

1. Acceptance of Terms

By using the App, you confirm that you are at least 13 years old (or the required age in your country), in compliance with the U.S. Children’s Online Privacy Protection Act (COPPA), and any similar local regulations. If you are under 13, or under the minimum age as required by your jurisdiction, please discontinue use or seek parental guidance.

Additionally, if you are located in the European Economic Area, United Kingdom, or Switzerland, you acknowledge that your information will be processed in accordance with the General Data Protection Regulation (GDPR), as outlined in our Privacy Policy.

2. Changes to Terms

We may update these Terms at any time. If significant changes occur, we will notify you via the App or through other means. Your continued use of the App after updates constitutes acceptance of the revised Terms.

3. Use of the App

You agree to:

• Use the App only for personal, non-commercial purposes.
• Refrain from misusing, copying, or modifying the App’s content or code.
• Avoid hacking, reverse-engineering, or disrupting the App’s functionality.

4. Account, Purchases, and Subscriptions

4.1 Free and Premium Access

Free Users: Limited access to basic features.
Premium Users: Access to exclusive features through a one-time purchase or subscription.

4.2 Payments and Billing

All transactions are processed through the Google Play Store or the Apple App Store; we do not handle payments directly. Prices and availability of premium features are subject to change.

4.3 Refund Policy

Purchases are non-refundable, except as required by law or by the refund policies of the Google Play Store or Apple App Store. If you believe you were wrongly charged or encountered a purchase issue, please contact the relevant store support. We do not provide refunds for Google Promo Code redemptions or other free promotional unlocks.

4.4 Google Promo Codes & Promotional Access

We may issue Google Play Promo Codes for temporary or permanent premium access. These codes are distributed at our discretion and cannot be resold, transferred, or exchanged for cash. We do not guarantee the validity or replacement of expired or used promo codes.

5. Privacy and Data Collection

Your privacy matters to us. Please review our Privacy Policy to understand how we collect, use, and store your data, including how we address compliance with GDPR and COPPA requirements.

6. Content and User-Generated Data

You retain ownership of your data, such as habits, notes, and reports. We do not claim any rights over your inputs, but we may process the data as outlined in our Privacy Policy. We are not responsible for lost data, so please back up any critical information.

7. Medical Disclaimer

This App is designed to help users track personal habits and productivity. It does not provide medical, psychological, or professional health advice. If you have any health concerns, please consult a qualified professional. We are not responsible for decisions made based on habit tracking data.

8. User Responsibilities

By using the App, you acknowledge that:

• You are responsible for interpreting and using any habit tracking insights.
• The App does not guarantee results; success depends on your personal efforts.
• You should not rely solely on the App for health, fitness, or critical life decisions.

9. Limitation of Liability

We strive to provide a great experience, but the App is provided “as is” without warranties of any kind. We do not guarantee that the App will be error-free, uninterrupted, or meet your expectations. We are not responsible for damages, data loss, or other consequences resulting from the use of the App.

10. Termination of Access

We reserve the right to suspend or terminate your access if you violate these Terms or if we discontinue the App. We may also take any necessary legal action in response to a breach of these Terms.

11. Dispute Resolution

11.1 Informal Resolution

If you have a dispute, please contact us first at [email protected]. We will attempt to resolve issues amicably within 30 days.

11.2 Arbitration Agreement

If we cannot resolve the dispute informally, you agree that:

• Any dispute, claim, or controversy related to the App will be resolved by binding arbitration rather than in court.
• The arbitration will take place in New Zealand, unless otherwise required by law.
• The arbitration decision will be final and binding.

11.3 Exceptions

You may bring small claims court cases in your local jurisdiction if the dispute qualifies.

12. Third-Party Services

The App may integrate or use third-party tools, such as analytics or payment processors. We are not responsible for their services or policies. Your use of third-party services is at your own risk.

13. Governing Law

These Terms are governed by the laws of New Zealand, without regard to conflict of law principles, unless otherwise required by GDPR or other local data protection laws.

14. Contact Us

If you have any questions or concerns regarding these Terms, please contact us at:
Email: [email protected]
Website: https://momentum-apps.com