Below please find access to important legal information.
OUR TERMS & CONDITIONS
MOBILE APP LEGAL DISCLAIMER
RIGHTS & TERMS FOR APPS
If you have any questions or concerns, feel free to email HabitAware's CoFounder Aneela Idnani at firstname.lastname@example.org. We will make every effort to resolve your concerns. Please note that if you are not 18 years of age or older, then you must have your parent or legal guardian's permission to reach out.
The HabitAware team
HABITAWARE, INC: PURCHASE ORDER TERMS & CONDITIONS
Your purchase of the hardware component of the HabitAware product (the "Product") is subject to these HabitAware Purchase Order Terms (the "Terms"). You may also download a mobile application from HabitAware that works in conjunction with the Product (the "Application"). Your use of the Application shall be subject to both HabitAware licensing terms and the licensing terms established by the applicable mobile platform provider e.g. Apple or Google.
1. Purchase Price. The price for the Product is set forth in the applicable HabitAware Website Order Form (the "Order Form" the price or charge the "Price"). The Price (and all applicable sales, use or value-added taxes and shipping charges) shall be paid by you by credit card or debit card accepted by HabitAware. You shall provide HabitAware with true and accurate credit card or debit card account information as required by HabitAware to accept payment of the Price. You hereby authorize HabitAware to use such information to debit, credit or authorize, as applicable, your credit card or debit card for payment of the Price.
2. Title to Product. Title for Product passes to the purchaser at the time of delivery by HabitAware to the freight carrier, but HabitAware and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit. Shipping and delivery dates are estimates only and cannot be guaranteed. HabitAware is not liable for any delays in shipments.
3. Product Warranty and Returns. HabitAware warrants that the Product will be free from defects in materials and/or workmanship for a period of three hundred-sixty five (365) days from the date of delivery of Product ("Warranty Period"). If a defect arises within the Warranty Period, then as your sole and exclusive remedy (and HabitAwares' sole liability), HabitAware will at its sole option either (a) repair the defect at no charge, or (b) replace the Product with a new product that is functionally equivalent to the original. You will be responsible for shipping costs associated with returning the Product to HabitAware and bear the loss during shipment. HabitAware will be responsible for the cost of shipping the repaired Product or replacement Product to you.
This warranty does not apply to: (a) damage caused by failure to follow instructions relating to the Product; (b) damage caused by accident, abuse, misuse or neglect; (c) a Product or part that has been modified or combined with any other products, materials, or matter; (d) items intended to be periodically replaced by the purchaser during the normal life of the Product, including, without limitation, batteries; or (e) normal wear and tear. This warranty only extends to the original purchaser.
If you plan to return the Product for any reason, you must notify HabitAware within ninety (90) days from the time of delivery. To initiate a return, you must contact HabitAware customer support. HabitAware will provide you with a Return Materials Authorization ("RMA") that must be included with your return shipment to HabitAware. You will be responsible for shipping costs associated with returning the Product to HabitAware and bear the loss during shipment.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, HABITAWARE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY HABITAWARE OR ANY OF HABITAWARE'S SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY. IF HABITAWARE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
4. Limitation of Liability. HABITAWARE SHALL NOT BE LIABLE FOR (A) ANY INCIDENTAL, CIRCUMSTANTIAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER DIRECT OR INDIRECT, OR (B) ANY AMOUNTS IN EXCESS OF THE PURCHASE PRICE FOR THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU MUST CONTACT HABITAWARE WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
5. Reservations and Pre-orders. Product available for pre-order are offered for sale by HabitAware. Your placement of a reservation and pre-order creates a contract for sale subject to these Terms. HabitAware will obtain authorization from your bank or credit card company and may capture payment any time after you place a reservation and pre-order and HabitAware accepts such order. You may not cancel your order to purchase Products after your order is placed and accepted by the Company. You will receive an email several days prior to the shipment of your purchased Products. HabitAware reserves the right to cancel or refuse any order for any reason at any time, including after an order has been submitted, whether or not the order has been confirmed.
6. General Terms. These Terms, along with the Order Form, which is hereby incorporated by reference, represents our entire agreement regarding your purchase of the Product. If any part of one or more of these Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will to that extent be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms will remain in full force and effect. Failure or delay by us to enforce any these Terms will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof. HabitAware will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond HabitAware's reasonable control. These Terms are governed by the laws of the State of Minnesota without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for Hennepin County, Minnesota for the purpose of litigating all such claims or disputes.
The HabitAware, Inc. ("we," "us," "our," or "Habitaware") founding team believes in the golden rule and would never do anything to disrespect your privacy. We know that you care about how your personal information is used and shared and we take your privacy very seriously. We will never sell nor rent your Personal Information to anyone. We use and disclose Personal Information only as follows:
SECTION 1: YOUR ACCEPTANCE 1.0 Consent
- in the normal course of our business, to provide services and activities to our users
- to anonymously analyze usage, in the aggregate, of our Digital Properties and improve the services we provide
- to deliver any administrative notices, alerts and communications to our users relevant to use of our Digital Properties
- to respond to or fulfill user requests
- for internal research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity
- to third-party contractors that provide services to Provider
- to enforce the Terms; and as otherwise set forth in this Privacy & Security Policy.
1.1 Changes to the Terms
SECTION 2: PERSONAL INFORMATION
2.0 What Personal Information is Requested from Users?
We request certain personal information to allow our users to get the most benefit from the activities and services offered on our Digital Properties, as well as to allow our users to personalize their experience on these properties. We collect information from you when you register on our site, subscribe to our newsletter or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, credit card information. 2.1 How does HabitAware use this Personal Information?
We receive and store any information you enter on our website or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. Any of the information we collect from you may be used in one of the following ways:
2.2 What Personal Information Is Collected Automatically?
- To personalize your experience - your information helps us to better respond to your individual needs
- To improve our website - we continually strive to improve our website offerings based on the information and feedback we receive from you
- To improve customer service - your information helps us to more effectively respond to your customer service requests and support needs
- To process transactions - Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
- To administer a contest, promotion, survey or other site feature
- To send periodic emails
- The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc. When you receive e-mail from HabitAware, you can opt out of receiving further e-mails by following the included instructions to unsubscribe. You can also opt out of these communications within your account settings or by sending us an email at email@example.com.
We receive and store certain types of information whenever you interact with or use the services available on our Digital Properties. Some of this information is collected through third parties. HabitAware automatically receives and records information on our server logs from your computer browser or mobile device including IP address, device ID or other persistent identifiers, cookie information, browser information, operating system, timestamps, the pages you request, and the action and path you take on the Digital Properties. Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our Digital Properties and how they use its various components. HabitAware only uses this data in aggregate form, that is as a statistical measure and not in a manner that would identify you personally. This information enables us to figure out how users use parts of the Digital Properties so that we can make our Digital Properties appealing to as many users as possible, and improve our products offerings. 2.4 What are Cookies?
Occasionally, at our discretion, we may include or offer third party products or services on our Digital Properties. These third party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites. 3.1 Third Party Disclosure of Personal Information
We do not sell, trade, or otherwise transfer your personal information to outside parties. This does not include website hosting partners and other partners who support us in the operating our Digital Properties and Services. However non-personally identifiable visitor information may be provided to other parties for marketing, advertising or other uses. 3.2 Disclosure of Personal Information To Protect Our Rights or If Required by Law
HabitAware reserves the right to share or disclose your Notwithstanding the foregoing, Provider reserves the right (and you authorize Provider) to share or disclose your Personal Information when we determine, in our sole discretion, that the disclosure of such information is necessary or appropriate:
3.3 Changes Due to Change of Control
- To enforce our rights against you or in connection with a breach by you of this Privacy & Policy or the Terms;
- To prevent prohibited or illegal activities; or
- When required by any applicable law, rule, regulation, subpoena or other legal process.
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We, therefore, will not distribute your personal information to outside parties without your consent. 4.2 Children's Online Privacy Protection Act Compliance (COPPA)
If you have any questions or concerns regarding privacy on our Digital Properties, please send a detailed message to HabitAware's CoFounder Aneela Idnani via email at firstname.lastname@example.org
, write to us at Privacy Compliance, HabitAware, Inc., 6465 Wayzata Blvd, Suite 720, St. Louis Park, MN 55426 or telephone us at (612) 231-9812. We will make every effort to resolve your concerns. Please note that if you are not 18 years of age or older, then you must have your parent or legal guardian's permission to call us.
5.1 Effective Date
Last Edited: March, 2019
Created: April 9, 2015
HABITAWARE, INC.: IMAGE ATTRIBUTION
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The following images, icons and music are licensed as Creative Commons - Attribution (CC BY 3.0). Some assets were adapted for use on on HabitAware digital properties. Thank you to these talented designers, photographers and musicians for allowing us to use their artwork:
Wrench Icon created by Norbet Kucsera (adapted)
Infographic Icon created by Garrett Knoll (adapted)
Pinch Icon created by Julie Muckensturm
Mobile Phone Blocked created by arjuazka (adapted)
Plane created by Made Somewhere
Boxes by Joshua Ganyon
Collect by Schmidt Sergey
Arduino by Ivan Becerra
Family by IconDots
"A New Beginning" and "Energy" music soundtracks via Ben Sound
Various icons by Gan Khoon Lay (adapted)
"Man" by Little Squid (adapted)
"Spiral Arrow" by Federico Panzano
"Review" by Alexander Bickov
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HABITAWARE, INC.: MOBILE APP LEGAL DISCLAIMER
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THE PRODUCT HAS NOT BEEN EVALUATED BY THE FDA. THE PRODUCT IS NOT A MEDICAL DEVICE NOR DOES IT CLAIM TO DIAGNOSE ANY CONDITION. IT IS DESIGNED TO PROVIDE INFORMATION ABOUT A PERSON’S HABITS FOR THE INDIVIDUAL’S OWN USE. THE PRODUCT MUST BE FITTED AND WORN ACCORDING TO THE INFORMATION PROVIDED WITH THE PRODUCT IN ORDER FOR IT TO OPERATE PROPERLY. ALL PRODUCT FUNCTIONS MAY NOT WORK OR WORK ACCURATELY ON EVERY PERSON.
HabitAware warrants that the Product will be free from defects in materials and/or workmanship for a period of one hundred-eighty (180) days from the date of delivery of Product (“Warranty Period”).
TO THE EXTENT PERMITTED BY APPLICABLE LAW, HABITAWARE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Additional information about the Product, the Warranty, limitation of liability and other important matters can be found at https://habitaware.com/pages/legal. Use of this Product constitutes acknowledgment and agreement to those terms and conditions.
© HabitAware, Inc. 2019
HABITAWARE, INC.: RIGHTS & TERMS FOR APPS
Rights in App Granted. Subject to your compliance with these Terms, HabitAware grants to you a limited non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not:
- copy, modify or create derivative works based on the App;
- distribute, transfer, sublicense, lease, lend or rent the App to any third party;
- reverse engineer, decompile or disassemble the App; or
- make the functionality of the App available to multiple users through any means.
HabitAware reserves all rights in and to the App not expressly granted to you under these Terms.
Accessing App from an App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
These Terms are between you and HabitAware, and not with the App Provider, and HabitAware (not the App Provider), is solely responsible for the App.
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of HabitAware.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to:
- product liability claims;
- any claim that the App fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, HabitAware will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
You must also comply with all applicable third party terms of service when using the App.
HABITAWARE, INC.: PATENT INFORMATION
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HabitAware Inc. is a leading provider of behavior change devices. This page is intended to serve as notice under 35 U.S.C. § 287(a). HabitAware is protected under U.S. Pat. No. 9,721,450 B2. Other patents pending.