Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") are a legally binding agreement between you ("User," "you," or "your") and HabitTrail ("HabitTrail," "we," "our," or "us") governing your use of the HabitTrail mobile application, widget extension, and any companion web services (collectively, the "App" or "Service").

By downloading, installing, or using the App, you confirm that you have read, understood, and agreed to these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not use the App.

These Terms apply to all users of the Service, including parents, guardians, and any household members who access the App.

2. Eligibility & Account Types

2.1 Parent / Guardian Accounts

To create a HabitTrail family account, you must be:

• At least 18 years of age (or the age of majority in your jurisdiction if higher)
• A parent, legal guardian, or authorized caregiver of any children added to the account
• Capable of entering into a legally binding contract

By creating an account, you represent and warrant that you meet all eligibility requirements above.

2.2 Child Profiles (Kid Sessions)

Children aged 2 to 17 may use the App exclusively through the Kid Session feature, which must be set up and supervised by a parent or guardian who holds a family account. Children do not create independent accounts. See Section 7 for additional terms specific to child use.

3. Account Registration & Security

3.1 Account Creation

To use most features of HabitTrail, you must register for an account using a valid email address and password. You may also enable biometric authentication (Face ID or Touch ID) for faster access after initial login.

3.2 Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Promptly notifying us of any unauthorized use of your account at habittrail.app@gmail.com
• Ensuring that any child using the App via Kid Session does so under your supervision and in accordance with these Terms

HabitTrail is not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

3.3 Account Accuracy

You agree to provide accurate, current, and complete information when creating your account and to update that information to keep it accurate. Providing false information, including misrepresenting your age or parental status, is grounds for immediate account termination.

3.4 One Account Per Family

Each family household should maintain one family account. Multiple accounts for the same household are not permitted and may be merged or removed at our discretion.

4. License to Use the App

4.1 Limited License Grant

Subject to your compliance with these Terms, HabitTrail grants you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on iOS devices that you own or control
• Use the App for your personal, non-commercial, family habit-tracking purposes

4.2 Apple App Store & Google Play Terms

The App is distributed through the Apple App Store and may be available on Google Play. Your download and use of the App is also subject to the terms and conditions of the applicable platform (Apple Media Services Terms and Conditions or Google Play Terms of Service). In the event of a conflict between these Terms and the platform terms, these Terms govern the relationship between you and HabitTrail; the platform terms govern the relationship between you and Apple or Google.

4.3 Restrictions

You may not:

• Copy, modify, distribute, sell, or lease any part of the App or its content
• Reverse engineer, decompile, or attempt to extract source code from the App
• Remove or alter any proprietary notices, labels, or marks on the App
• Use the App to develop a competing product or service
• Use the App for any commercial, business, or revenue-generating purpose without our express written consent
• Sublicense, transfer, or assign your rights to use the App

5. Description of the Service

HabitTrail provides the following core features:

5.1 Service Availability

We strive to keep HabitTrail available 24/7. However, we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, Firebase outages, force majeure events, or other circumstances beyond our control. We are not liable for any downtime.

5.2 Service Updates

We may add, modify, or remove features at any time. We will provide reasonable notice (via in-app notifications or email) for significant changes that may affect your use of the App.

6. Acceptable Use Policy

You agree to use HabitTrail only for lawful, family habit-tracking purposes. You must not use the App to:

1. Violate any applicable local, state, national, or international law or regulation
2. Harass, abuse, threaten, or harm any other person
3. Attempt to gain unauthorized access to our systems, Firebase infrastructure, or other users' accounts
4. Transmit any harmful, offensive, defamatory, or unlawful content
5. Introduce viruses, malware, or other malicious code
6. Scrape, mine, or otherwise extract data from the App in an automated fashion
7. Use the App in any way that could damage, disable, overburden, or impair our servers or networks
8. Impersonate any person or entity, or misrepresent your identity or affiliation
9. Use the App in any manner that infringes third-party intellectual property rights
10. Create more than one account per family household without our consent

Violations of this policy may result in immediate account suspension or termination. We reserve the right to report violations to appropriate law enforcement authorities.

7. Children's Use — Parental Responsibilities

7.1 Parental Supervision

HabitTrail is a family tool. Parents and guardians are fully responsible for how children use the App, including ensuring that children:

• Use only the Kid Session feature designed for their age group
• Do not access the parent account areas of the App
• Do not share their PIN with others outside the household
• Interact with the App in a healthy, age-appropriate manner

7.2 Child Data

Parents are the account holders and data controllers for all child profile information. By adding a child profile, you consent to our collection and processing of that child's limited profile data as described in our Privacy Policy (Section 3 — Children's Privacy / COPPA).

7.3 No Commercial Transactions by Children

Children may not make purchases, subscribe to premium tiers, or conduct any financial transactions within the App. All account management and billing (if applicable) must be handled by the parent or guardian account holder.

7.4 Screen Time

HabitTrail is designed to encourage healthy habits and does not include features intended to maximize screen time. Parents are encouraged to set device-level screen time limits via iOS Screen Time settings. We do not disable or interfere with parental control features.

8. Your Content & Data

8.1 Your Data Belongs to You

All habit data, family member profiles, reward histories, and other information you enter into HabitTrail ("Your Content") remains yours. We do not claim ownership of Your Content.

8.2 License to Process Your Content

By using the App, you grant HabitTrail a limited, worldwide, royalty-free, non-exclusive license to store, process, and transmit Your Content solely for the purpose of providing the Service to you. This license ends when you delete the relevant data or close your account.

8.3 Your Responsibility for Content

You are solely responsible for the accuracy and appropriateness of Your Content. Do not enter sensitive information (e.g., medical records, financial data, full birthdates of children) into habit names, notes, or member profiles beyond what the App is designed to collect.

8.4 Data Portability

You may request an export of Your Content at any time by contacting habittrail.app@gmail.com. We will provide your data in JSON format within 30 days of your request.

9. Intellectual Property

9.1 HabitTrail IP

The App, including its source code, design, graphics, user interface, text, logos, the "HabitTrail" name and logo, gamification elements (XP tiers: Seedling, Sprout, Sapling, Budding Star, Trailblazer, Habit Hero, Champion, Grand Master), and all other content not provided by users, is the exclusive property of HabitTrail and is protected by copyright, trademark, and other intellectual property laws.

9.2 Feedback

If you submit feedback, suggestions, or ideas about the App ("Feedback"), you grant HabitTrail a perpetual, irrevocable, royalty-free license to use that Feedback for any purpose, including improving the Service. We are not obligated to act on any Feedback or to compensate you for it.

9.3 Open Source Components

The App incorporates open-source components, including the Firebase iOS SDK (Apache 2.0 license). Your use of such components is subject to their respective licenses.

10. In-App Purchases & Subscriptions

If HabitTrail offers premium features, subscriptions, or one-time purchases:

• All purchases are processed through Apple's In-App Purchase system or Google Play Billing
• Prices are displayed in your local currency at time of purchase
• Subscriptions auto-renew unless cancelled at least 24 hours before the renewal date
• You may manage or cancel subscriptions via your App Store or Google Play account settings
• Refund requests are subject to Apple's or Google's refund policies, as applicable
• We do not process payments directly and do not store payment card data

11. Third-Party Services

The App uses third-party services including Firebase (Google LLC) for authentication and data sync, and Apple Push Notification Service for reminders. Your use of these services is subject to their respective terms:

• Firebase Terms of Service
• Apple Media Services Terms and Conditions

HabitTrail is not responsible for the practices or content of these third-party services. Any issues with those services should be directed to the respective provider.

12. Disclaimers

Specifically, we do not warrant that:

• The App will be uninterrupted, error-free, or secure at all times
• Any habit suggestions, templates, or gamification elements will produce specific behavioral outcomes in children or adults
• The App is a substitute for professional parenting advice, child psychology services, or behavioral therapy
• Data stored in Firebase will never be lost (though we implement robust backup procedures)

HabitTrail is a productivity and motivation tool. Results vary by household. We make no clinical claims about the effectiveness of habit formation through our App.

13. Limitation of Liability

In any case, HabitTrail's total cumulative liability to you for all claims arising out of or relating to these Terms or the App shall not exceed the greater of:

• The amount you paid to HabitTrail in the 12 months preceding the claim, or
• USD $100

These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if HabitTrail has been advised of the possibility of such damages. Some jurisdictions do not allow certain liability limitations, so the above may not fully apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless HabitTrail and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your violation of these Terms
• Your use or misuse of the App
• Your Content
• Your violation of any third-party rights, including privacy rights
• Any claims brought by minors under your account resulting from your failure to obtain proper parental consent

15. Termination

15.1 Termination by You

You may stop using the App and delete your account at any time via Settings > Account > Delete Account. This will permanently delete all your family data from our servers. You may also submit a deletion request to habittrail.app@gmail.com.

15.2 Termination by HabitTrail

We may suspend or terminate your account, with or without notice, if:

• You breach any provision of these Terms
• We are required to do so by law
• Your account has been inactive for more than 24 consecutive months
• We choose to discontinue the Service

We will provide at least 30 days' notice by email before terminating accounts for inactivity, giving you an opportunity to export your data.

15.3 Effect of Termination

Upon termination, your license to use the App ceases immediately. Sections 9 (IP), 12 (Disclaimers), 13 (Liability), 14 (Indemnification), and 17 (Governing Law) survive termination.

16. Changes to These Terms

We may revise these Terms from time to time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Show an in-app notification prompting you to review the updated Terms
• For significant changes, send an email to your registered account address

If you continue to use the App after the revised Terms take effect, you accept the new Terms. If you disagree with the changes, you must stop using the App and delete your account.

17. Governing Law & Dispute Resolution

17.1 Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to its conflict of law principles. If you are a consumer in the European Union, you also benefit from mandatory consumer protection laws in your country of residence.

17.2 Informal Resolution

Before initiating any formal legal proceeding, we encourage you to contact us at habittrail.app@gmail.com to attempt informal resolution. We will make a good-faith effort to address your concern within 30 days.

17.3 Arbitration (US Users)

For users in the United States, any unresolved disputes arising out of or relating to these Terms shall be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You and HabitTrail waive the right to a jury trial or to participate in a class action lawsuit, except where prohibited by applicable law.

17.4 EU/UK Users

If you are located in the European Union or United Kingdom, you may also refer disputes to the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and HabitTrail regarding the App and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

18.3 No Waiver

HabitTrail's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18.4 Assignment

You may not assign or transfer your rights under these Terms. HabitTrail may assign its rights to any successor entity in connection with a merger, acquisition, or sale of substantially all of its assets, with notice to you.

18.5 Force Majeure

HabitTrail is not liable for delays or failures to perform due to causes beyond its reasonable control, including natural disasters, internet outages, government actions, or third-party service failures (including Firebase downtime).

19. Contact Us

For questions about these Terms of Service, please contact us: