Terms of Service
Agreement to Terms
These Terms of Service (“Terms”) govern your access to and use of HabitSpark (“we”, “us”, or “our”) mobile application and related services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms.
If you do not agree to these Terms, you may not access or use the Service.
Eligibility
You must be at least 13 years old (or 16 in certain jurisdictions) to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
Account Registration
Creating an Account
To access certain features, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access
- Accept responsibility for all activities under your account
Account Termination
We may suspend or terminate your account at our discretion if you:
- Violate these Terms or our policies
- Engage in fraudulent or illegal activity
- Abuse, harass, or harm others
- Interfere with the proper functioning of the Service
Use of the Service
Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Transmit malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Service
- Use the Service for commercial purposes without authorization
- Impersonate any person or entity
- Collect user data without consent
- Send spam or unsolicited communications
User Content
You retain ownership of content you submit through the Service (“User Content”). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for operating and improving the Service.
You are responsible for your User Content and represent that you have all necessary rights to submit it.
Intellectual Property
Our Rights
The Service and its original content (excluding User Content), features, and functionality are owned by HabitSpark and are protected by copyright, trademark, and other intellectual property laws.
Trademarks
“HabitSpark” and our logo are trademarks of HabitSpark. You may not use our trademarks without prior written permission.
Subscriptions and Payments
Premium Features
Some features require a paid subscription. By purchasing a subscription, you agree to:
- Pay all applicable fees
- Provide accurate billing information
- Authorize us to charge your payment method
Billing and Renewal
- Subscriptions automatically renew unless canceled before the renewal date
- You can manage subscriptions through App Store or Google Play
- Prices may change with notice before your next billing cycle
Refunds
Refund eligibility is governed by the policies of Apple App Store or Google Play Store. Contact the respective store for refund requests.
Cancellation
You may cancel your subscription at any time:
- iOS: Through iPhone Settings > Apple ID > Subscriptions
- Android: Through Google Play Store > Subscriptions
Cancellation takes effect at the end of the current billing period.
Disclaimers
“AS IS” Basis
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OR COMPLETENESS OF CONTENT
No Medical Advice
The Service is for informational and motivational purposes only. It does not provide medical, psychological, or professional advice. Consult appropriate professionals for health-related decisions.
Service Availability
We do not guarantee that the Service will be uninterrupted, error-free, or free from viruses or other harmful components.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- HabitSpark shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
- Some jurisdictions do not allow certain limitations, so some limitations may not apply to you
Indemnification
You agree to indemnify, defend, and hold harmless HabitSpark, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of significant changes by:
- Posting the updated Terms on this page and in the app
- Updating the “Last Updated” date
Your continued use of the Service after changes constitutes acceptance of the modified Terms.
Termination
We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including breach of these Terms.
Upon termination:
- Your right to use the Service ceases immediately
- We may delete your account and data
- Provisions that should survive termination will remain in effect
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where HabitSpark operates, without regard to conflict of law principles.
Dispute Resolution
Informal Resolution
Before filing a formal claim, you agree to contact us and attempt to resolve any dispute informally for at least 30 days.
Arbitration
If informal resolution fails, any disputes will be resolved through binding arbitration, except where prohibited by law. Class action waivers may apply to the extent permitted by law.
Exceptions
Either party may seek injunctive relief in court for intellectual property violations or unauthorized access.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and HabitSpark regarding the Service.
Contact Us
If you have questions about these Terms, please contact us:
- Email: habitspark.coach@gmail.com
- Support: Use the in-app support feature
Last Updated: December 24, 2025