Terms of Service & End-User License Agreement

TL;DR… This summary provides an explanation of our terms of service and end-user license agreement.

UpHabit will send updates regarding changes to the product or these terms. When you use the application, we expect that you’ll use it for good. We are committed to doing the same. Keeping your data protected and providing you the best experience are our main priorities. You are entitled to opt out, delete your data or request your data from us at any time. You accept these terms when you agree during the sign-up process.

These terms of service and end-user license agreement (the “Agreement”) constitute a legal agreement between you and UpHabit Inc., a corporation, and its subsidiaries, affiliates, agents, and/or assigns (“UpHabit”, “we” or “us”) for your use of the websites operated by us (the “website”), UpHabit mobile application (the “application”) and the services made available by or through the application.

By accessing the website, using any of our services, downloading, installing, copying and/or using the application you agree to be bound by the terms and conditions of this agreement in respect of your use of the website, the service and/or the application.

If you do not agree to be bound by the terms and conditions of this agreement, then do not access the website, use the service or download, install, copy and/or use the application.

UpHabit may make changes to the terms of this agreement at any time. If UpHabit makes any changes to the application or the service, we may send registered members an email notice of the change. If UpHabit makes any changes to this agreement, we will post the changes and provide notice to registered members and require their review and agreement to the new terms before allowing continued use of the application or service.

Some of our services may have additional rules, policies, and procedures (“Additional Terms”). where additional terms apply, we will make them available for you to read through in connection with your use of that service.

1. Acceptable Use of the Service and Application

Your use of the Application, the Service and the licenses granted herein shall be entirely subject to your compliance with the following:

You will not violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
You may not copy or reproduce any portion of the Application;
You may not distribute, share through any information network, transfer, sell, lease or rent the Application or any part of it to any other person;
You may not change, alter, modify or create derivative works, enhancements, extensions or add-ons to the Application or any part of it;
You may not decompile, reverse engineer or disassemble the Application or any part of it;
You will at all times comply with, and will not circumvent or attempt to circumvent, any of the restrictions on use set forth anywhere in this Agreement; or
You will not use the Application or Service to (i) violate any laws or regulations; (ii) infringe the intellectual property or other rights of third parties; or (iii) transmit any materials that contain viruses or other harmful computer code or files

2. License to the Application

If you elect to download the Application and accept these terms upon Sign Up, the following applies:

Provided that you continue to comply with the terms of this Agreement, UpHabit hereby grants you (i) a limited, non-exclusive and non-transferable right to install and use the Application, (ii) a limited, personal, non-exclusive and non-transferable right to use the Service through the Application in accordance with the Agreement. UpHabit is entitled to refuse, restrict, limit, suspend and/or interfere or interrupt the Application or any part thereof without any notice to you, in order to install a patch, revise, update, replace, repair, improve, and/or upgrade the Application, or for any other reason.
For the purposes of this Agreement, “Application” includes any patches, revisions, updates, upgrades or replacements of the Application (the “Revisions”) that may be delivered to you or that you may receive. You also agree that upon the installation of any Revisions, you are only permitted to use the Application as modified by the Revisions. Notwithstanding the foregoing, nothing herein shall be construed as to obligate UpHabit to provide you with any Revisions.
Any Application accessed through or downloaded from an “App Store” such as the Apple App Store or “Google Play” (an “App Store Application”), you will only use the App Store Application: (i) on a product that runs the operating system for which it was intended and (ii) as permitted by the “Usage Rules” set forth in the corresponding App Store. You agree that the terms of this Agreement are between you and us and not with the owner or operator of the App Store (“App Store Owner”). We, and not the App Store Owner, are solely responsible for the Services, including the Application, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You acknowledge that, in the event of any third-party claim that the App Store Application or your possession and use of that App Store Application infringes that third party’s intellectual property rights, as between Us and the App Store Owner, We, not the App Store Owner, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and we acknowledge and agree that the App Store Owner, and the App Store Owner’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Application, and that, upon your acceptance of this Agreement, the App Store Owner will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

3. Data Charges

You acknowledge that data charges may be incurred through your use of the Application and you agree that you are responsible for any and all such charges that may be charged to you and that UpHabit shall have no liability to you whatsoever in respect of such charges.

4. Intellectual Property Rights

The Website, Service and Application are protected by copyright and other intellectual property laws and treaties. All title to, and intellectual property and copyright rights in, the Website, the Service and the Application and/or any related documents are and shall remain owned and/or controlled solely and exclusively by UpHabit. UpHabit reserves all rights in the Website, Service and Application and/or any related documents not specifically granted to you under this Agreement. This Agreement does not grant you any rights to trademarks, copyrights or patents of the Licensor.

You agree not to interfere or take action that results in interference with or disruption of the Website, the Service or the Application, or servers or networks connected to the Website, Service or Application. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Website, Service or Application. UpHabit reserves all other rights. Except as expressly provided herein, nothing on the Website, or as part of the Services will be construed as conferring any license under UpHabit’s and/or any third party’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, UpHabit may revoke any of the foregoing rights and/or your access to the Websites and Services, including the Application, or any part thereof, at any time without prior notice.

5. Privacy

You acknowledge that by registering with UpHabit to install the Application or to use the Service, or by installing the Application, UpHabit may collect or retain your personal information. UpHabit uses your personal information to:

To provide the Services to you. This includes processing your registration and maintaining your account, tailoring or customizing the Services to you, providing you with analytics and tips regarding your use of the Services.
To maintain and improve user experiences and overall quality of the Services, and to develop new services. This includes diagnosing problems with our systems, administering the Services, and analyzing how the Services are being used.
To create anonymous aggregated information.
For additional purposes that may be identified at or before the time that the information is collected, or that you subsequently consent to.
Share your UpHabit status with your contacts that are also using UpHabit with an option to hide your status if you choose to.

UpHabit agrees to hold any of your personal information that it collects in accordance with the UpHabit Privacy Policy.

UpHabit will never sell user data to make money. UpHabit is a subscription based app that is solely dedicated to helping users develop relationships.

6. Termination

Without prejudice to any other rights, UpHabit may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement or for any other reason upon delivery of notice. In such event, you must destroy all copies of the Application and all of its component parts and associated documents.

When appropriate, you are given the opportunity to (i) opt-out of receiving communications from us, or (ii) remove your personal information from our records. If you would like to remove your personal information from our records, you can delete your account in the app in Settings. If you wish to opt-out of receiving further communications, please contact us by email at privacy@uphabit.com.

7. Miscellaneous

This Agreement shall be construed in accordance with and governed by the applicable laws.
UpHabit loves to say yes to our customers. This means we’ll always be implementing features users suggest. This will help improve the product and bring more value to users. Through acceptance of these terms, users give up any right or claim to those ideas and UpHabit is free to implement them. We are very appreciative of any and all feedback. It’s what drives us and move us forward!
The failure of UpHabit to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. Such invalid or unenforceable provision(s) shall be replaced by (a) valid and enforceable one(s) which achieve(s) to the extent possible the original purpose of the invalid provision(s).
You agree not to transfer or assign this Agreement or any of your rights under this Agreement. Any purported transfer or assignment by you in violation of this section is void. Subject to the foregoing, this Agreement shall be binding on and inure to the benefit of the parties, their successors, permitted assigns and legal representatives.
The provisions of this Agreement relating to intellectual property rights, restrictions on use, disclaimers of warranties, limitations of liability and damages arising out of your actions shall survive termination or expiration of this Agreement for any reason.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.