Introduction

These Terms & Conditions govern the use of the content and services offered through the Memento Mori calendar application,Habify (“Habify App” or “App”), Habify website, and Habify social media accounts (collectively “Services”).

The terms “Habify” and “we” refer to a company incorporated in the UK.

The terms “user” or “you” refer to the user of the Services.

By using or accessing our Services, you accept these Terms & Conditions.

Your use of our Services is subject to Habify’s Privacy Policy, which is an integral part of these Terms & Conditions and is available here.

Habify App

1. General rules

By using Habify App, you are subject to these Terms & Conditions and to any rules or policies applied by any App Store provider from whose site you download the App (“Provider”).

We license use of Habify App to you on the basis of these Terms & Conditions. We (or our affiliates and/or third-party licensors, where applicable) remain the owners of Habify App at all times.

2. App account and Premium subscriptions

To use Habify Services, registration is not required, but to download and use Habify App, you must sign in with your Apple ID.

Relevant rules of Apple Inc. located at: https://www.apple.com/itunes apply. If you use a Provider other than listed above, you are subject to the terms and conditions of that Provider. Please contact your Provider in connection with any issues regarding your account.

Habify App offers a Premium subscription that grants you access to additional features. You can purchase and/or subscribe to Habify Premium or other paid products. By paying the subscription fee, you get access to Habify Premium during the time your subscription is valid, subject to these Terms and Conditions. All subscriptions with Habify Premium are paid in advance. You may at any time terminate your membership, in which case your membership will still be valid for the subscription time you have already paid for. You hereby consent to start using the Services immediately upon subscribing with Habify Premium or other paid products. This means that you will only have 7 days to withdraw from the contract with Habify from the date you receive confirmation of your subscription via email if you do not start using the service during that period. Habify reserves the right to change the subscription fees from time to time.

Users who purchase subscriptions for Habify App through the App Store are governed by the terms and conditions of the Provider. Please contact your Provider in connection with any issues regarding payments, renewals, and refunds.

If you have subscribed to Habify Premium through the use of App Store using in-app purchase, you can only cancel your subscription through the use of their services. Apple subscription purchases are handled by Apple Inc. Habify does not have access to your billing information and cannot issue a refund. To request a refund and with other issues regarding subscription, please contact Apple Inc.

You can at any time choose to cancel/end your account by contacting the Provider. Please note that uninstalling the mobile application or closing your account will not automatically stop your Premium subscription—you must actively cancel the subscription. Please note that if you have subscribed to Habify through the use of App Store, you can only cancel your subscription through the use of their services. To find out how to cancel the subscription and/or your account, please follow the instructions in the App or contact your Provider for help.

3. Age

Habify App is not directed to individuals under the age of seventeen (17). To use the App, you agree that you must be 17 or older. However, if the law requires that you must be older in order for Habify to lawfully provide the Services to you without parental consent (including the use of your personal data) then you must acquire this minimum age.

4. Using the App

Habify is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or to charge for its services, at any time and for any reason. We will never charge you for the App or its services without making it very clear to you exactly what you’re paying for. It’s your responsibility to keep your phone and access to the Habify App secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features, and could mean that the Habify App won’t work properly or at all. Certain functions of the App will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider. Habify cannot take responsibility for the App not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left. If you’re using the App outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App, or other third-party charges. In using the App, you’re accepting responsibility for any such charges, including roaming data charges if you use the App outside of your home territory (i.e. region or country) without turning off data roaming. Along the same lines, you need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the service, Habify cannot accept responsibility. Although we endeavor to ensure that the App is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Habify accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the App.

At some point, we may wish to update the App. The App is currently available on iOS – the requirements for systems (and for any additional systems we decide to extend the availability of the App to) may change, and you’ll need to download the updates if you want to keep using the App Habify cannot guarantee that it will always update the App so that it is relevant to you and/or works with the iOS version that you have installed on your device.

We may also wish to stop providing the App, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the App, and (if needed) delete it from your device.

If you are not the bill payer for the device on which you are using the App, please be aware that we assume that you have received permission from the bill payer to use the App.

MEDICAL DISCLAIMER

Habify App provides mobile visualisation, quotes, and reflection content which together with philosophical influences serves the users to improve their well-being. Habify is not a health care or medical provider, nor should Habify’s Services be considered medical advice.

While there are motivational quotes and other techniques provided in Habify App in consultation with philosophers to assist in improving life perspective and focus, Habify makes no claims, representations, or guarantees that the App provides a physical or therapeutic benefit.

PRACTICES CONDUCTED WITH HABIFY APP ARE NOT A REPLACEMENT FOR OR A FORM OF THERAPY NOR ARE THEY INTENDED TO CURE, TREAT, OR DIAGNOSE MEDICAL CONDITIONS. ONLY YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER CAN DO THAT. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH.

IF YOU HAVE DEPRESSION, HAVE BEEN DIAGNOSED WITH OTHER MENTAL DISORDERS, OR HAVE OTHER EXISTING MENTAL HEALTH CONDITIONS, ALWAYS SPEAK TO A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE STARTING HABIFY PRACTICES. DISCUSS YOUR OPTIONS AND WHETHER USING THE HABIFY APP IS APPROPRIATE IN YOUR PARTICULAR CASE.

IF YOU HAVE SERIOUS MENTAL HEALTH CONDITIONS OR ARE AT RISK OF HARMING YOURSELF OR ANOTHER PERSON, YOU SHOULD SEEK URGENT MEDICAL ADVICE OR CALL THE EMERGENCY SERVICES.

COPYRIGHTS

Subject to these Terms and Conditions, Habify grants you a limited, non-exclusive, revocable license to download and make personal non-commercial use of the Services, including downloading and making personal non-commercial use of Habify App on your mobile or tablet device.

All elements contained in the Services, including software, App, App content, website, website, and social media pages content (together as “Materials”) are owned by Habify (or our affiliates and/or third-party licensors, where applicable) and are protected under applicable copyright, trademark, and other proprietary (including, but not limited to, intellectual property) rights. You agree and acknowledge that you shall not acquire any ownership rights in or to these Materials.

The Materials may not be used except as provided for in these Terms and Conditions. The Materials are not intended for your commercial use. You are authorised to share a limited amount of content provided by Habify on your personal social media accounts (Facebook, Twitter, etc.), your blog, or other online commentary, analysis, or review. You may not modify such content. You agree not to publish such content in false, inaccurate, or misleading context or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, hateful, or otherwise objectionable.

You may not otherwise download, display, copy, reproduce, distribute, publish, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any content, or other Materials without Habify’s prior consent.

All trademarks, logos, images, company names, and brands displayed or referred to in the Services are the property of Habify or respective owners. You have no license or right to use, alter, or remove or copy them.

Any unauthorized use or violation of these Terms & Conditions immediately and automatically terminates your right to use the Services and may subject you to legal liability.

USER’S RESPONSIBILITIES

You agree not to use the Services for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening, or obscene purposes) and you agree that you will comply with all laws, rules, and regulations related to your use of the Services.

You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.

You may not misuse our Services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions that we provide.

LIMITATION OF LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW, HABIFY, ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF HABIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE

To the extent permitted by applicable law, the aggregated liability of each of Habify, its affiliates, employees, agents, suppliers, and licensors arising out of or in connection with the Services and these Terms & Conditions will not exceed the lesser of: the amounts paid by you to Habify for use of the Services at issue during the 12 months prior to the event giving rise to the liability.

You use the Services at your own risk. The Services are provided “AS IS”, without any warranties, and Habify or your Provider do not warrant that the Services and availability thereof will be uninterrupted or error-free. Habify or Provider do not assume any responsibility for errors or omissions in the information or software or other documents, which are referenced by or linked to. In no event shall Habify or the relevant Provider be liable for any consequences of using links to third parties’ websites.

Any Materials are intended for general information purposes only. We are not liable or responsible for any consequences of your having read or been told about such Materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the Materials and information published as part of our Services.

APPLICABLE LAWS AND JURISDICTIONS

This license agreement is governed by the laws of the United Kingdom excluding its conflicts of law rules

CHANGES TO TERMS & CONDITIONS

Habify reserves the right to change or update these Terms & Conditions or any other of our policies or practices, at any time, and will notify users by posting updated Terms & Conditions, policies, or practices on this page. Any changes or updates will be effective immediately upon posting. Your continued use of the Services constitutes your agreement to abide by the Terms & Conditions, policies, or practices as changed. Under certain circumstances, we may also notify you of changes by additional means, such as email or notifications in Habify App.

Last updated: 18 September 2024