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IMPORTANT NOTICE — PLEASE READ 


THESE TERMS OF SERVICE CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. By creating an account or using the Services, you agree that disputes between you and Habitual Growth will be resolved by individual binding arbitration, and you waive your right to participate in a class action or class-wide arbitration, except where prohibited by law. You have the right to opt out of arbitration within thirty (30) days of first accepting these Terms — see Section 20. 

IF YOU ARE A RESIDENT OF THE EUROPEAN ECONOMIC AREA, UNITED KINGDOM, SWITZERLAND, BRAZIL, CANADA, AUSTRALIA, OR CALIFORNIA, additional terms apply to you under our Region-Specific Addendum. Those terms take precedence where they conflict with the main Terms below. 

Table of Contents 

1. Introduction and Acceptance of Terms 

2. Definitions 

3. Eligibility, Accounts, and Subaccounts 

4. The Services 

5. Subscriptions, Payments, and Billing 

6. User Content and Licenses 

7. Community Conduct and Prohibited Uses 

8. Groups, Leaderboards, and Social Features 

9. Creator Program, Challenges, and Plans 

10. Third-Party Services and Integrations 

11. Intellectual Property 

12. Content Moderation, Reporting, and Appeals 

13. Copyright and DMCA Policy 

14. Privacy 

15. Health and Wellness Disclaimers 

16. Disclaimers of Warranties 

17. Limitation of Liability 

18. Indemnification 

19. Term, Termination, and Suspension 

20. Dispute Resolution; Arbitration; Class Waiver 

21. Governing Law and Venue 

22. Changes to the Terms or the Services 

23. Apple App Store and Google Play Terms 

24. International Use and Export Controls 

25. General Provisions 

26. Contact Information 

 

1. Introduction and Acceptance of Terms 

1.1 About Habitual Growth 

Habitual Growth, LLC (“Habitual Growth,” “we,” “us,” or “our”) operates the website located at HabitualGrowth.com (the “Site”), the Habitual Growth mobile application (the “App”), and related online services, all of which together make up the “Services.” The Services provide a platform for users to set goals, track habits, participate in challenges and structured plans, communicate with others, and access user-generated and creator-generated content relating to personal growth and wellness. 

1.2 Acceptance 

These Terms of Service, together with our Privacy Policy, Community Guidelines, Creator Agency Agreement (where applicable), Teams Subscription Terms (where applicable), and any Region-Specific Addendum applicable to you (collectively, the “Terms”), form a legally binding agreement between you and Habitual Growth. By accessing or using the Services, creating an account, or clicking a button or checking a box indicating acceptance, you confirm that you have read, understood, and agreed to be bound by these Terms. 

If you do not agree to these Terms, do not access or use the Services. 

1.3 Authority to Contract 

You represent and warrant that (a) you are at least sixteen (16) years of age; (b) you have the legal capacity and authority to enter into a binding contract in your jurisdiction of residence; and (c) your use of the Services does not violate any applicable law. If you are entering into these Terms on behalf of an organization (for example, a Teams subscription), you represent and warrant that you are authorized to bind that organization, and “you” will refer to both you and that organization. 

1.4 Electronic Communications and Signatures 

You consent to receive communications from us electronically, including these Terms, notices, disclosures, billing records, transaction confirmations, and other documents. You agree that any electronic acceptance (including clicking “Agree,” tapping “Accept,” checking a box, or simply continuing to use the Services after notice of updated Terms) constitutes your electronic signature and is legally binding to the fullest extent permitted by applicable law, including the U.S. E-SIGN Act, the EU eIDAS Regulation, and substantially similar laws in other jurisdictions. 

 

2. Definitions 

In these Terms, the following capitalized terms have the meanings assigned to them: 

  • “Account” means the primary account you register to access the Services. 
  • “Agency Agreement” means the Creator Agency Agreement between you and Habitual Growth that governs publication and monetization of your Challenges, Plans, and other creator submissions. 
  • “App” means the Habitual Growth mobile application distributed through the Apple App Store, the Google Play Store, and any other approved distribution channels. 
  • “Challenge” means a structured, time-bound program or activity published through the Services. 
  • “Content” means any text, images, audio, video, graphics, code, links, or other materials made available through the Services, whether by us, by users, or by third parties. 
  • “Creator” means a user who publishes Challenges, Plans, or other monetizable content through the Services and has executed the Agency Agreement. 
  • “Group” means a user-created community feature on the Services. 
  • “Plan” means a multi-session or multi-week structured program published through the Services. 
  • “Services” means, collectively, the Site, the App, and all related features, content, and functionality. 
  • “Site” means HabitualGrowth.com and any subdomains. 
  • “Subaccount” means an additional account created under a primary Account and managed by the primary Account holder. 
  • “Team” means an organizational account purchased under the Teams Subscription Terms for use by multiple designated individuals of a single organization. 
  • “User Content” means Content that you or another user submits, uploads, posts, transmits, or otherwise makes available through the Services. 

 

3. Eligibility, Accounts, and Subaccounts 


3.1 Minimum Age
 

The Services are not intended for individuals under the age of sixteen (16). You must be at least 16 years old to create an Account in your own name. If we learn that we have collected personal information from an individual under 16 (other than through a properly authorized Subaccount as described below), we will delete that information promptly. Additional or different age requirements may apply in certain jurisdictions under our Region-Specific Addendum. 

3.2 Account Registration 

To access most features, you must register for an Account by providing accurate, current, and complete information. You may also register using third-party credentials such as Apple, Google, or Facebook sign-in, subject to the terms of those providers. You agree to update your information promptly when it changes. 

3.3 Account Security 

You are responsible for safeguarding your login credentials and for all activity that occurs under your Account, whether or not authorized by you. You agree to notify us immediately at info@habitualgrowth.com if you suspect any unauthorized access to or use of your Account. We are not liable for any loss arising from your failure to protect your credentials. 

3.4 One Account Per Person 

Except for permitted Subaccounts, you may maintain only one Account. Accounts are personal to you and may not be transferred, sold, or assigned without our prior written consent. 

3.5 Subaccounts 

The primary Account holder may create one or more Subaccounts under the primary Account. The primary Account holder is solely responsible for the creation, use, and supervision of any Subaccount and for the conduct of the individual using the Subaccount. By creating a Subaccount, the primary Account holder represents and warrants that: (a) they have full legal authority to create the Subaccount; (b) where the Subaccount is used by a minor, the primary Account holder is that minor’s parent, legal guardian, or other legally authorized representative and has provided any parental consent required under applicable law; and (c) they agree to these Terms on behalf of the Subaccount user and are responsible for that user’s compliance. 

Subaccounts have limited functionality. Subaccount users cannot: 

  • make purchases of any kind through the Services; 
  • create Groups or organizations; 
  • process payments or provide payment information; 
  • change subscription plans, billing methods, or payment details on the Account; or 
  • take any action that would bind the primary Account holder financially. 

All billing activity is controlled exclusively by the primary Account holder. We may require the primary Account holder to verify parental consent using methods reasonably designed to confirm that the consenting individual is the Subaccount user’s parent or legal guardian. 

3.6 Unauthorized Use and Suspension 

We reserve the right to suspend or terminate any Account, Subaccount, or other access to the Services at any time, with or without notice, where we reasonably believe such action is necessary to protect the Services, other users, or our lawful interests, or where required by applicable law. 

 

4. The Services 

4.1 Description 

The Services include, without limitation: habit tracking and personal goal-setting tools; access to and participation in Challenges and Plans; user-created communities known as Groups, including shared leaderboards and dashboards; anonymous ratings of Challenges and Plans; subscription-based features; the Creator program for publishing Challenges and Plans; organizational Teams features; and related content, tools, and functionality we may introduce. The Services do not include direct messaging or chat between users as of the effective date of these Terms. 

4.2 License to You 

Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use (or, for Teams subscribers, for the internal business use described in the Teams Subscription Terms). All other rights are reserved. 

4.3 Service Updates and Changes 

We may modify, suspend, or discontinue any aspect of the Services at any time without liability to you, including by introducing new features, imposing limits on existing features, removing content, restricting access, or permanently ending specific functionality. Where changes materially and adversely affect your use of a paid feature, we will provide reasonable advance notice and, where required by law, a prorated refund of unused prepaid fees. 

4.4 No Guarantee of Availability 

The Services are provided on an “as available” basis. We do not guarantee uninterrupted or error-free operation and make no representations regarding uptime. Planned maintenance and unplanned outages may occur. 

 

5. Subscriptions, Payments, and Billing 

5.1 Payment Processor 

Payments for subscriptions, Challenges, Plans, Teams licenses, and any other paid features offered through the Services are processed by our third-party payment processor, Stripe, Inc. and its affiliates (“Stripe”). By providing payment information, you authorize us and Stripe to charge the payment method you designate in accordance with your selected plan or purchase. Your payment information is handled subject to Stripe’s terms and privacy policy. You are responsible for keeping your payment method current. 

In certain circumstances, payments for App features or subscriptions may be processed by Apple (through the Apple App Store) or Google (through the Google Play Store). When that is the case, the applicable store’s terms govern the payment and refund for that transaction. We will identify the payment method at the time of purchase. 

5.2 Pricing; Currency; Taxes 

Prices are stated in the currency displayed at checkout, which is determined by your country of residence or billing location. Prices are exclusive of applicable taxes unless stated otherwise. We use Stripe Tax to calculate, collect, and remit value added tax (VAT), goods and services tax (GST), sales tax, and other applicable transactional taxes where we are legally required to do so. The applicable tax amount will be displayed at checkout and charged in addition to the stated price. 

We may change prices from time to time. Price changes affecting an existing paid subscription will take effect at the start of the next renewal period and only after we have given you at least thirty (30) days’ advance notice (or longer where required by law). You may cancel your subscription before the price change takes effect if you do not agree to the new price. 

5.3 Subscriptions and Automatic Renewal 

IMPORTANT — AUTOMATIC RENEWAL: Subscriptions to the Services are billed on a recurring, automatically renewing basis. Unless you cancel before the end of the then-current billing period (monthly, annual, or as otherwise specified at checkout), your subscription will renew automatically, and you authorize us (through Stripe or the applicable app store) to charge your payment method the then-current subscription fee plus applicable taxes at the beginning of each renewal term. You may cancel at any time as described in Section 5.6. 

5.4 Free Trials 

We may offer free trials of paid subscriptions. Unless otherwise specified, a free trial lasts for a period of time disclosed at enrollment (generally up to 30 days). When the free trial ends, your subscription will convert automatically to a paid subscription and you will be charged the then-current fee, plus applicable taxes, unless you cancel before the trial ends. One free trial per user, per subscription plan. We may determine eligibility for a free trial in our sole discretion and withdraw or modify a free trial at any time without prior notice (subject to any trial already commenced). 

5.5 One-Time Purchases (Challenges and Plans) 

Paid Challenges and Plans are sold on a one-time basis at the price stated at checkout. Your license to access a one-time purchase begins upon successful payment and continues as described in the Challenge or Plan description (which may include an expiration date, access window, or perpetual access). One-time purchases do not renew automatically unless the product description explicitly states otherwise. 

5.6 Cancellation 

You may cancel your subscription at any time through your Account settings in the App or, if the subscription was purchased through the Apple App Store or Google Play Store, through your app store account settings. Cancellation takes effect at the end of the then-current billing period. You will retain access to paid features until the end of that period, and you will not be charged for subsequent periods. 

5.7 Refunds 

Except as expressly required by applicable law (see the Region-Specific Addendum) or as expressly stated by us at the time of purchase, all fees are non-refundable and no refunds will be issued for partial billing periods, unused portions of a subscription, or Challenges or Plans you have begun to access. We may, in our sole discretion, issue refunds or credits for payments made directly to us through Stripe in cases of demonstrable billing error or technical failure. Refunds for purchases made through the Apple App Store or Google Play Store are subject to the respective store’s refund policy and must be requested through that store. 

Statutory Cancellation Rights. If you reside in the European Economic Area, the United Kingdom, or any other jurisdiction that grants you a statutory right of withdrawal or cancellation, please see the Region-Specific Addendum. Nothing in these Terms limits or waives any non-waivable statutory right. 

5.8 Failed Payments 

If a payment fails (for example, due to an expired card, insufficient funds, or other issue), we may attempt to charge again, suspend or downgrade your access until payment is received, and, after a reasonable period, terminate the subscription. You remain responsible for any fees that accrued before termination. 

5.9 Billing Disputes 

If you believe you have been billed in error, please contact us within sixty (60) days of the charge at info@habitualgrowth.com. Failure to contact us within that period waives your right to dispute the charge with us, except where a longer period is required by law. 

5.10 Promotional Codes and Credits 

Promotional codes, credits, gift cards, and similar benefits are subject to the specific terms under which they are issued, expire on the date stated (or, if none, twelve (12) months after issuance), are non-transferable, have no cash value, and cannot be redeemed for cash except where required by law. 

 

6. User Content and Licenses 

6.1 Your Content 

“User Content” means anything you submit, post, upload, share, stream, transmit, or otherwise make available through the Services, including but not limited to text, photos, videos, audio, profile information and profile pictures, Group names, habit and goal data, ratings, Challenges, Plans, and all associated metadata. 

6.2 Ownership 

You retain all ownership rights in your User Content. We do not claim ownership of your User Content. However, to operate the Services and to provide the features you request, you grant us the licenses described below. 

6.3 License Tiers 

Different types of User Content carry different license grants to Habitual Growth, based on how you have chosen to share them: 

(a) Personal User Content (visible only to you) 

Examples: habit logs, private notes, personal goal data, and content you have set as visible only to yourself. 

You grant Habitual Growth a worldwide, non-exclusive, royalty-free, sublicensable (only to our service providers) license to host, store, copy, back up, transmit, display, modify for technical purposes, and process your Personal User Content solely to operate and provide the Services to you and to perform our obligations under these Terms. We will not display Personal User Content to other users except as required to provide features you initiate. 

(b) Limited Audience User Content (visible to specific users) 

Examples: your profile picture, Group names you create, your participation metrics shared with a Group leaderboard, and other content shared with a specified audience you select. 

In addition to the rights granted in Section 6.3(a), you grant Habitual Growth a worldwide, non-exclusive, royalty-free, sublicensable (only to our service providers) license to display, distribute, and make available the Limited Audience User Content to the users you specify, consistent with the privacy, sharing, and audience settings you have selected. 

(c) Public User Content (visible to all users, or publicly) 

Examples: public profile information, Challenges and Plans you publish for public discovery, and content you explicitly post to public areas of the Services. 

You grant Habitual Growth a worldwide, non-exclusive, royalty-free, fully sublicensable, transferable license to host, store, reproduce, modify, create derivative works of (solely for formatting, reformatting, translation, and technical delivery), publish, publicly display, publicly perform, distribute, and otherwise use the Public User Content in connection with operating, providing, promoting, and improving the Services, including through any current or future media, and to permit other users of the Services to use, access, and share such content as permitted by the Services’ features. 

(d) Creator Content (Challenges and Plans) 

If you publish Challenges, Plans, or other monetizable content through the Services, your Creator Content is governed by the separate Creator Agency Agreement, which supplements this Section 6 and controls in the event of conflict with respect to Creator Content. 

6.4 Feedback License 

If you send us suggestions, ideas, feedback, or other materials relating to the Services (“Feedback”), you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable license to use the Feedback for any purpose, without compensation or attribution to you. 

6.5 Your Representations and Warranties 

You represent and warrant that, with respect to all of your User Content: 

  • you own it or have all rights, consents, permissions, and licenses necessary to submit it and to grant the licenses described in this Section 6; 
  • your User Content does not infringe or violate any third party’s intellectual property rights, rights of privacy, rights of publicity, contractual rights, or any applicable law; 
  • your User Content does not contain any information identifying a third party (other than publicly available information) without that person’s consent; and 
  • your User Content complies with these Terms, including Section 7 (Community Conduct and Prohibited Uses). 

6.6 Deletion of User Content 

You may delete your User Content at any time through the available Service functions. Upon deletion, we will cease displaying the deleted User Content to other users within a reasonable time. However, you acknowledge that: (a) copies of deleted Public User Content that were viewed, copied, downloaded, or shared by other users before deletion may persist outside our control; (b) we may retain backup copies for a reasonable period as part of our routine data retention practices; (c) we may retain User Content where required for legal, regulatory, safety, or trust and safety purposes; and (d) where Creator Content has been licensed to a third party prior to deletion, the third-party license may continue for its term. Closure of your Account is governed by Section 19. 

6.7 Our Use of User Content for Service Improvement 

We may use aggregated, de-identified, or anonymized information derived from User Content to operate, maintain, analyze, and improve the Services, including for research and analytics, without additional notice to you or compensation. 

6.8 AI and Machine Learning 

We do not sell your User Content to third parties for use in training artificial intelligence or machine learning models. We may use User Content to train or improve models that are used solely to operate, secure, personalize, or improve the Services (for example, safety classifiers, personalization features, recommendation systems, and abuse detection). Where applicable law requires, or where we choose to offer it, we will provide mechanisms for you to opt out of such processing. We do not permit third parties to scrape, harvest, or otherwise use the Services to train AI or ML models without our express written consent (see Section 7.3). 

 

7. Community Conduct and Prohibited Uses 

7.1 Community Guidelines 

Our Community Guidelines (available at HabitualGrowth.com) provide detailed guidance on acceptable conduct and content. This Section 7 sets out the contractual rules; the Community Guidelines supplement but do not replace these Terms, and in the event of conflict, these Terms control. 

7.2 Prohibited Content 

You may not post, upload, submit, transmit, display, stream, or otherwise make available any User Content that: 

  • is unlawful, fraudulent, deceptive, or infringing under any applicable law; 
  • infringes, misappropriates, or violates a third party’s intellectual property rights, rights of privacy, rights of publicity, contractual rights, or other legal rights; 
  • is defamatory, libelous, or knowingly false; 
  • is obscene, pornographic, sexually explicit, or sexually suggestive; 
  • sexualizes, exploits, endangers, or puts at risk any minor; 
  • depicts, promotes, glorifies, or incites violence, terrorism, self-harm, suicide, eating disorders, or other serious harm to persons or animals; 
  • promotes, supports, glorifies, or is provided on behalf of any organization or individual that engages in violent or unlawful acts, or any organization or individual designated as a terrorist, terrorist organization, foreign terrorist organization, or specially designated national by the United States government, the United Nations Security Council, the European Union, or the United Kingdom; 
  • incites or promotes hatred, harassment, or discrimination on the basis of race, ethnicity, national origin, caste, religion, disability, age, sex, gender, gender identity, sexual orientation, veteran status, or any other protected characteristic under applicable law; 
  • promotes or facilitates illegal activity, including the illegal manufacture, sale, or use of controlled substances, weapons, or drug paraphernalia, or the evasion of sanctions or export controls; 
  • makes medical, therapeutic, diagnostic, or clinical claims; guarantees specific physical, mental, or financial results; or purports to substitute for professional medical, psychological, legal, or financial advice; 
  • contains unsolicited commercial messages, spam, chain letters, pyramid schemes, multi-level marketing solicitations, fundraising requests, political campaigning, or similar mass outreach; 
  • discloses another person’s private information (“doxxing”) or is intended to harass, intimidate, or threaten any person; 
  • contains malware, ransomware, viruses, worms, Trojan horses, or other harmful code; 
  • impersonates any person or misrepresents your affiliation with any person or organization; or 
  • we determine, in our reasonable discretion, is otherwise inconsistent with the purpose and spirit of the Services. 

7.3 Prohibited Conduct 

You also may not, and may not attempt to, nor permit any third party to: 

  • access or use the Services for any purpose that is unlawful or prohibited by these Terms; 
  • circumvent, disable, or otherwise interfere with security or technical features of the Services; 
  • use automated means (including bots, scrapers, spiders, crawlers, or auto-responders) to access, collect data from, or interact with the Services, except that we may permit well-behaved search-engine crawlers consistent with our robots.txt; 
  • use the Services, or data accessed through the Services, to train, develop, fine-tune, or evaluate any artificial intelligence, machine-learning model, large-language model, generative model, or similar system, except with our prior express written consent; 
  • reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, algorithms, or underlying ideas of the Services, except to the extent that this restriction is expressly prohibited by applicable law; 
  • modify, adapt, translate, or create derivative works based on the Services, except as expressly permitted; 
  • rent, lease, sell, resell, sublicense, distribute, or otherwise commercially exploit the Services, except as expressly permitted under the Creator Agency Agreement or Teams Subscription Terms; 
  • remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices appearing on or in the Services; 
  • harvest, scrape, or collect information about other users (including email addresses, names, profile information, or User Content) without their consent; 
  • interfere with or disrupt the Services or any servers, networks, or other infrastructure used to provide them, including by launching denial-of-service attacks or sending excessive traffic; 
  • introduce any malware, virus, or other harmful code to the Services; 
  • use the Services to send unsolicited communications, promotions, advertisements, or spam; or 
  • take any action that imposes an unreasonable or disproportionately large load on our infrastructure, as determined by us in our reasonable discretion. 

7.4 Enforcement 

We reserve the right, but are not obligated, to investigate, monitor, remove, block, limit the visibility of, label, or refuse access to any User Content or Account that we reasonably believe violates these Terms, applicable law, or the rights of any person, or that we believe poses a risk to the Services or its users. We may take such action at any time, with or without notice, and we are not liable for doing so. Repeated or serious violations may result in termination under Section 19. 

 

8. Groups, Leaderboards, and Social Features 

8.1 Social Features at Launch 

The Services include limited social features designed to help you stay motivated alongside others: user-created Groups, shared Group leaderboards and dashboards, anonymous ratings of Challenges and Plans, and limited visibility of other users’ profile pictures. As of the effective date of these Terms, the Services do not include direct messaging between users, group messaging or chat, comment threads, or public posting features. If we introduce messaging or other communication features in the future, we will update these Terms and provide any additional notices required by law before those features become available to you. 

8.2 Groups 

Groups are user-created communities in which invited individuals come together to inspire and motivate one another. Groups operate on a consumer-to-consumer basis. Groups are not intended for business-to-consumer distribution; organizations seeking to use the Services for employees or members should review the Teams Subscription Terms. 

The user who creates a Group is its initial administrator and may invite or remove members and set the Group name, subject to these Terms. The Group name is the only free-text field a Group creator sets that is visible to other members; Groups do not include free-text descriptions, posts, comments, or chat. A Group name is User Content and must comply with these Terms, including Section 7. Any member may leave a Group at any time. Habitual Growth may, in its discretion, rename, restrict, or remove any Group or Group name that violates these Terms. 

8.3 Leaderboards and Dashboards 

Groups include a shared leaderboard and dashboard that display high-level engagement metrics (such as activity counts and streak information) to help members motivate one another. These displays are designed to show high-level participation information and do not share your personal information, the specific content of your habits, goals, or reflections, or any sensitive personal data with other members. By joining a Group, you understand that your participation metrics and your profile picture may be visible to other members of that Group through the leaderboard and dashboard. If you do not wish to share participation metrics with a Group, you should not join or remain in the Group. 

8.4 Profile Pictures 

If you upload a profile picture, that picture may be visible to other users with whom you share a Group or other social surface of the Services. Your full profile and other profile details are not made visible to other users. Your profile picture is User Content and must comply with these Terms, including Section 7. Do not upload a profile picture that you do not have the right to use or that violates these Terms. 

8.5 Anonymous Ratings 

You may rate Challenges and Plans. Ratings are anonymous to other users: we use ratings only to calculate aggregate scores on the back end, and we do not display to other users which rating any individual user gave. We may use ratings, in aggregated and de-identified form, to improve the Services and to inform other users’ choices. 

8.6 Reporting 

The Services include an in-app reporting tool that lets you report a profile picture, a Group or Group name, or a published Challenge or Plan that you believe violates these Terms or applicable law. Reports are sent to our moderation queue for review. See Section 12 for details on our moderation, reporting, and appeals process. 

8.7 Consent to Receive Communications from Habitual Growth 

By creating an Account, you consent to receive transactional communications from us (billing, security, and service notifications) via email, in-app notifications, and push notifications. You may opt into or out of marketing communications at any time through your Account settings, subject to applicable law. Certain transactional communications are necessary for the provision of the Services and cannot be disabled without closing your Account. 

 

9. Creator Program, Challenges, and Plans 

9.1 Publishing a Challenge or Plan 

Any user may create Challenges and Plans. To publish a Challenge or Plan so that it is available to other users of the Services, you must first execute and remain in compliance with the Creator Agency Agreement. Without an executed Agency Agreement, your Challenges and Plans remain personal and are not eligible for publication or monetization. 

9.2 Approval 

All Challenges and Plans submitted for publication are subject to review and approval by Habitual Growth. We may approve, reject, or request modifications to any Challenge or Plan, in our sole discretion, for reasons including compliance with these Terms, the Community Guidelines, applicable law, and our editorial standards. 

9.3 Subject Matter Restrictions 

In addition to the general prohibitions in Section 7, Challenges and Plans must not: 

  • depict or promote violence, pornography, sexual activity, or illegal activity of any kind; 
  • recommend, endorse, or instruct on the use, acquisition, manufacture, or distribution of controlled substances, illegal drugs, or drug paraphernalia; 
  • make medical, psychiatric, therapeutic, diagnostic, nutritional, or clinical claims, or represent themselves as a substitute for advice from a qualified professional; 
  • guarantee or promise specific physical, mental, financial, or other outcomes or results; 
  • target, sexualize, or be directed at minors; or 
  • otherwise violate these Terms, the Community Guidelines, or applicable law. 

9.4 Required Disclaimer 

Every published Challenge and Plan will include a disclaimer, displayed with the Challenge or Plan, substantially in the following form: 

“This Challenge/Plan is provided for general informational and motivational purposes only. It is not medical, psychological, nutritional, legal, or financial advice. Results vary by individual and are not guaranteed. Consult a qualified professional before beginning any new physical, mental, dietary, or financial program. Use of this Challenge/Plan is at your own risk.” 

9.5 Revenue Share; Payments to Creators 

Subject to the Agency Agreement, Creators receive seventy percent (70%) and Habitual Growth retains thirty percent (30%) of Net Revenue (as defined in the Agency Agreement) derived from sales of the Creator’s approved and published Challenges and Plans through the Services. Detailed payment timing, minimum payout thresholds, tax documentation, and other commercial terms are set out in the Agency Agreement. 

9.6 Responsibility for Creator Content 

Creators are solely responsible for their Challenges, Plans, and related User Content, including all representations made in them, and must indemnify Habitual Growth as set out in the Agency Agreement. Habitual Growth’s approval of a Challenge or Plan does not constitute an endorsement or a representation that the content is accurate, safe, effective, lawful, or appropriate for any particular user. 

9.7 Removal 

We may remove any Challenge or Plan at any time, with or without notice, for any reason not prohibited by applicable law, including violation of these Terms, a legal order, a rights-holder complaint, safety concerns, or commercial discontinuation. Revenue share obligations for completed sales prior to removal continue to apply as set out in the Agency Agreement. 

 

10. Third-Party Services and Integrations 

10.1 Third-Party Services Generally 

The Services may integrate with, link to, or make available content or functionality from third parties (“Third-Party Services”), including but not limited to Stripe (payments), Apple, Google, and other authentication providers (sign-in), the Apple App Store, the Google Play Store, email and push notification providers, analytics providers, and any media, streaming, or content integrations we may add from time to time. 

10.2 No Endorsement; No Control 

Third-Party Services are provided and operated by independent third parties. We do not control, endorse, or assume responsibility for Third-Party Services or any content, products, services, or practices of the third parties that provide them. Your interactions with Third-Party Services are solely between you and the applicable third party. You are responsible for reviewing and complying with the terms and privacy policies of any Third-Party Service you use. 

10.3 Third-Party Sign-In 

If you use a third-party authentication service (for example, Sign in with Apple, Sign in with Google, Facebook Login) to access the Services, you authorize us to access and use certain information from that service as described at the point of sign-in and in our Privacy Policy. 

10.4 Streaming and Media Integrations 

If we offer integrations with third-party streaming, media, or content platforms (such as YouTube, Rumble, or similar), your use of those integrations is conditioned on your acceptance of the applicable third-party terms (for example, the YouTube Terms of Service at https://www.youtube.com/t/terms). Continued use of an integration constitutes your acceptance of those terms. 

10.5 No Direct Health or Fitness Integrations at Launch 

As of the effective date of these Terms, the Services do not offer direct integrations with third-party health, fitness, or biometric tracking services (such as Apple Health, Google Fit, Whoop, Oura, Garmin, Fitbit, or Strava). If and when such integrations become available, your use will be subject to additional terms and updated privacy disclosures, which we will provide at that time. 

 

11. Intellectual Property 

11.1 Our Intellectual Property 

The Services, including all software, designs, text, graphics, interfaces, logos, trademarks, service marks, trade dress, sound recordings, and other content owned or licensed by Habitual Growth (collectively, “Our IP”), are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. “Habitual Growth,” the Habitual Growth logo, and other Habitual Growth product and feature names are trademarks or service marks of Habitual Growth, LLC (the “Habitual Growth Marks”). 

11.2 Limited License to Our IP 

Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use Our IP solely as necessary to use the Services for their intended purposes. Except for the limited rights expressly granted in these Terms, no rights in or to Our IP are granted to you, by implication, estoppel, or otherwise. 

11.3 Restrictions on Use of Our IP 

You may not (except as expressly authorized in writing by us): (a) use the Habitual Growth Marks except as permitted under a separately executed trademark or co-marketing license; (b) use meta tags or other hidden text incorporating the Habitual Growth Marks; (c) register domain names, social media handles, or other identifiers incorporating or confusingly similar to the Habitual Growth Marks; (d) imply sponsorship, endorsement, or association with Habitual Growth; or (e) remove, obscure, or alter any proprietary notices on the Services. 

11.4 Systematic Retrieval Prohibited 

You may not, and may not permit any third party to, engage in systematic retrieval, compilation, or indexing of content from the Services to create or populate a database, directory, catalog, or derivative dataset, whether for commercial or non-commercial purposes, except with our prior express written consent. 

 

12. Content Moderation, Reporting, and Appeals 

12.1 Our Moderation Approach 

Habitual Growth uses a combination of proactive controls (including the approval process for Challenges and Plans) and reactive moderation (including user reports and automated safety tools) to enforce these Terms and the Community Guidelines. We do not pre-screen all User Content. We respond to reports and take action consistent with these Terms, applicable law, and our operational capacity. 

12.2 How to Report Content or Users 

You may report Content or users that violate these Terms in the following ways: 

  • Through in-app reporting tools (available on profile pictures, Groups and Group names, Challenges, Plans, and other content surfaces); 
  • By email to info@habitualgrowth.com with the word “REPORT” in the subject line; or 
  • For copyright infringement, as described in Section 13. 

In your report, please include: your name and contact information; a description of the content or conduct; the location of the content within the Services (such as a screenshot, user ID, Group name, or a link to the Challenge or Plan); and, where possible, the basis for your report. 

12.3 Our Response 

We aim to acknowledge reports within seventy-two (72) hours. For reports concerning imminent risk to life, child sexual abuse material, or terrorist content, we aim to review and act within twenty-four (24) hours and, where required, report to law enforcement or a designated hotline. Action may include: no action, removing the content, adding a label or warning, limiting visibility, suspending or terminating the Account, or other reasonable measures. We are not obligated to take any particular action and, except where required by law, we are not required to explain or justify our decisions. 

12.4 Statement of Reasons 

Where required by applicable law, we will provide a written statement of reasons to the affected user when we remove or restrict Content, suspend or terminate an Account, or otherwise restrict the visibility of Content, explaining the basis for the action and the available avenues for redress. 

12.5 Appeals 

If your Content has been removed or your Account has been suspended or terminated, and you believe the action was incorrect, you may appeal by emailing info@habitualgrowth.com with the word “APPEAL” in the subject line, within six (6) months of the action. We will review your appeal and respond in a reasonable time. 

12.6 No Obligation to Monitor 

Nothing in these Terms creates an obligation on Habitual Growth to monitor User Content, to seek out violations, or to enforce these Terms in any particular way or against any particular user. Our failure to enforce these Terms in one instance is not a waiver of our right to enforce them in other instances. 

12.7 Trusted Flaggers 

Where required by applicable law (including the EU Digital Services Act), we will give priority review to reports submitted by entities that have been formally designated as “trusted flaggers” within their competent jurisdiction. 

 

13. Copyright and DMCA Policy 

13.1 Respect for Copyright 

Habitual Growth respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to valid notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) and, where applicable, similar foreign laws such as the EU Copyright Directive. 

13.2 Notice of Claimed Infringement 

If you believe that Content on the Services infringes a copyright you own or control, please send a notice to our Designated Copyright Agent containing the following information: 

  • a physical or electronic signature of the owner or a person authorized to act on behalf of the owner of the exclusive right allegedly infringed; 
  • identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notice, a representative list; 
  • identification of the material claimed to be infringing, with information reasonably sufficient to permit us to locate it (for example, a URL or screenshot and the user account associated with it); 
  • your contact information, including address, telephone number, and email; 
  • a statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and 
  • a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf. 

13.3 Designated Copyright Agent 

Notices must be sent to: 

Designated Copyright Agent 

Habitual Growth, LLC 

12081 W Alameda Pkwy, PMB 139 

Denver, Colorado, United States 

Email: info@habitualgrowth.com (subject line: “DMCA NOTICE”) 

13.4 Counter-Notices 

If your Content has been removed in response to a DMCA notice and you believe the removal was in error, you may submit a counter-notice containing the information required by 17 U.S.C. § 512(g). We will forward valid counter-notices to the original complainant, and, absent a court action filed by the complainant within the time permitted by law, we may restore the Content. 

13.5 Repeat Infringers 

It is our policy to terminate the Accounts of users who are determined to be repeat infringers, under circumstances we consider appropriate. 

13.6 Misuse 

Submitting a false or misleading infringement notice or counter-notice may expose you to liability under applicable law. You should consult with an attorney if you are uncertain whether the material is infringing. 

 

14. Privacy 

14.1 Privacy Policy 

Our Privacy Policy, available at HabitualGrowth.com/privacy-policy, describes in detail how we collect, use, disclose, and protect your personal information. The Privacy Policy is incorporated into these Terms by reference. Please review it carefully. 

14.2 Region-Specific Privacy Rights 

Your privacy rights may vary depending on your location. Specific rights available to residents of the European Economic Area, the United Kingdom, Switzerland, California, Virginia, Colorado, Connecticut, Brazil, Canada, Australia, and certain other jurisdictions are described in the Region-Specific Addendum and in our Privacy Policy. 

14.3 Sensitive Information 

The Services are not designed to receive or store sensitive personal information (such as government identifiers, payment card data outside of the Stripe checkout flow, or protected health information). Please do not submit sensitive personal information through the Services except where expressly requested. We disclaim liability for sensitive personal information submitted other than as expressly requested. 

 

15. Health and Wellness Disclaimers 

15.1 Not a Medical or Healthcare Service 

HABITUAL GROWTH IS NOT A HEALTHCARE PROVIDER, MENTAL-HEALTH PROVIDER, LICENSED CLINICIAN, OR PROFESSIONAL ADVISOR. The Services, including any Challenges, Plans, Content, or communications, are not a substitute for professional medical advice, diagnosis, or treatment; for mental-health counseling or therapy; or for advice from any other licensed professional. Always seek the advice of your physician, mental-health professional, or other qualified health provider with any questions you may have regarding a medical or mental-health condition or before starting any new physical, mental, dietary, or lifestyle program. 

15.2 Assumption of Risk 

Participation in any activity suggested, recommended, or depicted through the Services, including any Challenge or Plan, is undertaken at your own risk. You are responsible for determining whether an activity is appropriate for you. Stop any activity and seek medical attention if you experience pain, dizziness, shortness of breath, or other symptoms of distress. 

15.3 No Guarantees 

We make no representations or warranties that the Services, any Challenge or Plan, or any Content will produce specific physical, mental, financial, spiritual, relational, or other results. Individual outcomes vary. 

15.4 Crisis Resources 

The Services are not a crisis or emergency service. If you are in crisis or think you may have a medical or mental-health emergency, call your local emergency number (such as 911 in the United States, 112 in the European Union, or 999 in the United Kingdom) or go to the nearest emergency room immediately. 

If you are experiencing thoughts of suicide or self-harm, please contact a crisis service in your country. In the United States, you can call or text 988 (Suicide and Crisis Lifeline). In the United Kingdom and Ireland, you can call the Samaritans at 116 123. A directory of international helplines is available at findahelpline.com. 

 

16. Disclaimers of Warranties 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING THE SITE, THE APP, AND ALL CONTENT, SOFTWARE, PRODUCTS, AND MATERIALS MADE AVAILABLE THROUGH THEM, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. 

HABITUAL GROWTH AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. 

WITHOUT LIMITING THE FOREGOING, HABITUAL GROWTH DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) INFORMATION OBTAINED THROUGH THE SERVICES IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE; OR (E) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT A JURISDICTION’S LAW APPLIES TO YOU AND DOES NOT PERMIT SUCH EXCLUSIONS, THE EXCLUSIONS ABOVE APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY THAT LAW. NOTHING IN THESE TERMS AFFECTS ANY NON-WAIVABLE STATUTORY WARRANTY OR CONSUMER PROTECTION TO WHICH YOU MAY BE ENTITLED. 

 

17. Limitation of Liability 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HABITUAL GROWTH, ITS AFFILIATES, OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS (TOGETHER, THE “HABITUAL GROWTH PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, EMOTIONAL DISTRESS, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF A HABITUAL GROWTH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE LEGAL THEORY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE). 

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HABITUAL GROWTH PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO HABITUAL GROWTH FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED U.S. DOLLARS (USD $100). 

THE LIMITATIONS IN THIS SECTION 17 APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, THE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, (ii) FRAUD OR FRAUDULENT MISREPRESENTATION, OR (iii) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

You and Habitual Growth acknowledge that the limitations in this Section 17 are an essential element of the bargain between the parties, and that in their absence, the pricing and availability of the Services would differ materially. 

 

18. Indemnification 

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Habitual Growth Parties from and against any and all third-party claims, demands, actions, proceedings, losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use or misuse of the Services; (b) your User Content; (c) your violation of these Terms, the Community Guidelines, the Creator Agency Agreement, the Teams Subscription Terms, or any applicable law; (d) your violation of any right of a third party, including intellectual property, privacy, publicity, or contract rights; and (e) any dispute between you and another user. 

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which case you agree to cooperate with our defense of that matter. You will not settle any matter that requires an act or omission by Habitual Growth, or that imposes liability on Habitual Growth, without our prior written consent. This indemnification obligation will survive termination of these Terms and your use of the Services. 

 

19. Term, Termination, and Suspension 

19.1 Term 

These Terms begin on the date you first access or use the Services and continue until terminated as provided in this Section 19. 

19.2 Termination by You 

You may terminate these Terms at any time by closing your Account through your Account settings or by contacting info@habitualgrowth.com. Termination does not relieve you of any obligations to pay amounts incurred before termination and does not automatically cancel subscriptions purchased through the Apple App Store or Google Play Store (which must be cancelled through the applicable store). 

19.3 Termination or Suspension by Us 

We may suspend or terminate your Account and your access to the Services at any time, with or without notice, for any reason not prohibited by applicable law, including (a) violation of these Terms, (b) risk to the Services or other users, (c) legal or regulatory requirements, (d) non-payment, (e) prolonged inactivity, or (f) discontinuation of the Services or a material portion of them. Where permitted by applicable law, we will provide reasonable notice and, where applicable, an opportunity to cure, except in cases of serious or repeated misconduct, illegality, or imminent risk. 

19.4 Effect of Termination 

On termination, your right to use the Services will cease immediately. We may delete your Account and associated User Content in the ordinary course, subject to retention as described in our Privacy Policy and Section 6. The following sections survive termination: Section 6 (licenses you have granted that, by their terms, survive), Section 7, Section 11, Section 13 (to the extent of pending notices), Section 15 through Section 18, Section 20, Section 21, Section 25, and any other section that by its nature should survive. 

19.5 Creator Content on Termination 

Termination of your Account does not automatically terminate licenses to Creator Content granted to third parties before termination. Those licenses continue under their terms, and wind-down rights are governed by the Agency Agreement. 

 

20. Dispute Resolution; Arbitration; Class Action Waiver 

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS-WIDE ARBITRATIONS. THIS SECTION DOES NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW. 

20.1 Informal Dispute Resolution First 

Before filing a claim against us, you agree to try to resolve the dispute informally by sending a written notice of dispute to info@habitualgrowth.com, including your name, the information associated with your Account, a description of the dispute, and the relief you are seeking. We will attempt to resolve the dispute by contacting you at the email associated with your Account. If we are unable to resolve the dispute within sixty (60) days of your notice, either party may commence arbitration. 

20.2 Agreement to Arbitrate 

Except for the Excluded Claims described below, you and Habitual Growth agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (“Dispute”) will be resolved by binding individual arbitration, not in court. The arbitration will be administered by JAMS under the JAMS Streamlined Arbitration Rules and Procedures (for claims under USD $250,000) or the JAMS Comprehensive Arbitration Rules and Procedures (for larger claims), as in effect at the time of arbitration, before a single arbitrator. 

20.3 Excluded Claims 

The following disputes are not subject to this arbitration agreement: (a) claims that may be brought in small-claims court, so long as the action remains in that court and is brought on an individual basis; (b) claims for injunctive or equitable relief relating to intellectual property rights (including Habitual Growth Marks); and (c) any other claims that, as a matter of law, cannot be subject to a pre-dispute arbitration agreement. 

20.4 Class Action Waiver 

YOU AND HABITUAL GROWTH AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY AND NOT ON A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class, representative, or private attorney general proceeding. If a court decides that applicable law precludes enforcement of any part of this class action waiver with respect to a particular claim, that claim must be severed and brought in a court of competent jurisdiction, but all other claims remain subject to this Section 20. 

20.5 Mass Arbitration Protocol 

If twenty-five (25) or more similar claims are filed against Habitual Growth by or with coordinated counsel, and those claims raise substantially similar questions of law or fact, the parties agree that JAMS’ mass-arbitration procedures (or, if none, procedures agreed by the parties or designated by JAMS) will apply, which may include bellwether proceedings and staged filings, to achieve an efficient resolution. 

20.6 Location; Costs 

Unless you and Habitual Growth agree otherwise, the arbitration hearing will take place in Denver County, Colorado, or may be conducted telephonically or by videoconference. For claims where the amount in controversy does not exceed USD $5,000, Habitual Growth will pay your filing and arbitration fees. For larger claims, fees are allocated under the JAMS Rules and applicable law. 

20.7 Opt-Out 

You have the right to opt out of this agreement to arbitrate. To opt out, send an email to info@habitualgrowth.com with the subject line “ARBITRATION OPT-OUT” and include your name, the email associated with your Account, and a clear statement that you wish to opt out of the arbitration agreement. Your opt-out notice must be received by us within thirty (30) days after you first accept these Terms (or, if these Terms are materially amended, within thirty (30) days after such amendment takes effect with respect to the arbitration clause). An opt-out notice that does not comply with these requirements is not valid. Opting out does not affect any other provision of these Terms. 

20.8 Survival 

This Section 20 survives termination of these Terms. 

 

21. Governing Law and Venue 

21.1 Governing Law 

These Terms and any Dispute arising out of or relating to these Terms or the Services are governed by the laws of the State of Colorado, United States, and applicable U.S. federal law, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. 

21.2 Venue for Excluded Claims 

For any Dispute not subject to Section 20 (Arbitration), you and Habitual Growth submit to the exclusive jurisdiction of the state and federal courts located in Denver County, Colorado, and waive any objection to venue or inconvenience of forum. 

21.3 Local Law Rights 

Nothing in Section 20 or this Section 21 limits any rights that you may have under the mandatory laws of your country of residence that cannot be waived by agreement. For residents of the EEA, United Kingdom, Switzerland, Brazil, and certain other jurisdictions, see the Region-Specific Addendum. 

 

22. Changes to the Terms or the Services 

We may modify these Terms from time to time. When we do, we will post the updated Terms on the Site and in the App and will update the “Last Updated” date at the top. For material changes that adversely affect your rights, we will provide notice (for example, by email, in-app notice, or a prominent notice on the Site) at least thirty (30) days before the changes take effect, except where a shorter period is permitted or required by law or where the change is necessary for legal, regulatory, or security reasons. 

Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of those Terms. If you do not agree to the updated Terms, you must stop using the Services and close your Account before the effective date. 

For amendments to Section 20 (Arbitration), the thirty (30)-day opt-out window will reopen with respect to the amended arbitration provision, as described in Section 20.7. 

 

23. Apple App Store and Google Play Terms 

23.1 Applicability 

If you access or download the App through the Apple App Store or the Google Play Store, the following additional terms apply and prevail over any conflicting provisions elsewhere in these Terms, but only as to the conflict and only with respect to the applicable store. 

23.2 Apple App Store 

The App is licensed, not sold, to you by Habitual Growth. Your license to use the App is limited to a non-transferable license to use the App on any Apple-branded product that you own or control, as permitted by the Apple Media Services Terms. You acknowledge and agree that: 

  • These Terms are between you and Habitual Growth only, not with Apple, Inc. (“Apple”), and Apple is not responsible for the App or its content. 
  • Apple has no obligation to provide any maintenance or 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 Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the sole responsibility of Habitual Growth. 
  • Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation. 
  • In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Habitual Growth (not Apple) is solely responsible for the investigation, defense, settlement, and discharge of any such claim. 
  • You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or has been designated as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. 
  • Apple and its subsidiaries are third-party beneficiaries of these Terms, and on your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. 

23.3 Google Play Store 

If you obtained the App through the Google Play Store, you acknowledge that these Terms are between you and Habitual Growth only, and not with Google LLC or its affiliates (“Google”). Google is not responsible for the App or its content. Your use of the App must comply with the then-current Google Play Terms of Service. In the event of a conflict between these Terms and the Google Play Terms of Service, the Google Play Terms of Service will govern, but only to the extent necessary to resolve the conflict, and these Terms will otherwise apply in full. 

23.4 In-App Purchases Through Stores 

Where permitted by the applicable store’s guidelines, in-app purchases may be processed through Apple or Google rather than Stripe. In those cases, the store is the merchant of record, the store’s refund and billing policies apply to that transaction, and Habitual Growth is not a party to the payment transaction. 

 

24. International Use and Export Controls 

24.1 International Availability 

The Services are operated from the United States. We make no representation that the Services are appropriate or available in all locations. You are responsible for complying with all applicable local laws when accessing or using the Services, including laws governing online conduct, acceptable content, consumer protection, and data privacy. 

24.2 Export Controls and Sanctions 

You may not use or export the Services in violation of U.S. export laws and regulations (including the Export Administration Regulations and the sanctions programs administered by the Office of Foreign Assets Control) or other applicable export control and sanctions laws. You represent and warrant that you are not (a) located in, or a citizen or ordinary resident of, a country or territory subject to comprehensive U.S. sanctions (currently including Cuba, Iran, North Korea, Syria, the so-called Donetsk and Luhansk People’s Republics, and the Crimea region of Ukraine); or (b) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List. 

24.3 U.S. Government End Users 

The Services are a “commercial item” as that term is defined in 48 C.F.R. § 2.101. If the Services are acquired by or on behalf of a U.S. Government agency, they are licensed with only those rights granted to all other end users pursuant to these Terms. 

 

25. General Provisions 

25.1 Entire Agreement 

These Terms, together with the Privacy Policy, Community Guidelines, Creator Agency Agreement (where applicable), Teams Subscription Terms (where applicable), Region-Specific Addendum, and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Habitual Growth regarding the Services and supersede any prior or contemporaneous understandings. 

25.2 Severability 

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be modified to reflect the parties’ original intent to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect. 

25.3 No Waiver 

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. No waiver is effective unless made in writing and signed by an authorized representative of Habitual Growth. 

25.4 Assignment 

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without notice or consent. Any purported assignment in violation of this Section is void. 

25.5 Relationship of the Parties 

Except as expressly set forth in the Creator Agency Agreement (which establishes an agency relationship solely for the scope described in that agreement), you and Habitual Growth are independent contractors. Nothing in these Terms creates any partnership, joint venture, employment, or fiduciary relationship between you and Habitual Growth. 

25.6 No Third-Party Beneficiaries 

Except for the Habitual Growth Parties entitled to indemnification and limitation of liability in Sections 17 and 18, and Apple where applicable under Section 23, there are no third-party beneficiaries to these Terms. 

25.7 Force Majeure 

Neither party will be liable for any delay or failure to perform any obligation under these Terms (other than a payment obligation) where the delay or failure results from causes beyond that party’s reasonable control, including acts of God, natural disasters, fire, flood, earthquake, pandemic or epidemic, war, terrorism, civil unrest, labor disturbance, internet or telecommunication failure, or governmental action. 

25.8 Notices 

Except as otherwise provided, notices from you to Habitual Growth must be sent by email to info@habitualgrowth.com or by mail to Habitual Growth, LLC, 12081 W Alameda Pkwy, PMB 139, Denver, Colorado, United States. Notices from Habitual Growth to you may be sent by email, in-app notification, push notification, or posting on the Site. Notices are effective when sent (for email and in-app) or on the date of posting (for Site notices). 

25.9 Headings; Interpretation 

Section headings are for convenience only and do not affect interpretation. Words such as “include,” “including,” and variants mean “including without limitation.” 

25.10 Language 

These Terms are drafted in English. Where we provide a translation, the translation is for convenience only; in the event of any conflict between the English and translated versions, the English version controls, except where a non-English language is required by applicable law, in which case the language required by law controls with respect to residents of that jurisdiction. 

 

26. Contact Information 

If you have questions, comments, or complaints about these Terms or the Services, please contact us at: 

Habitual Growth, LLC 

12081 W Alameda Pkwy, PMB 139 

Denver, Colorado, United States 

Email: info@habitualgrowth.com 

 

For specific matters, please use the following subject lines: 

  • General questions: no specific subject line required 
  • Copyright infringement notices: “DMCA NOTICE” 
  • Trademark infringement: “TRADEMARK” 
  • Content or conduct reports: “REPORT” 
  • Appeals of moderation decisions: “APPEAL” 
  • Privacy and data rights requests: “PRIVACY” 
  • Law enforcement requests: “LAW ENFORCEMENT” 
  • EU Digital Services Act notices: “DSA NOTICE” 
  • Billing disputes: “BILLING” 
  • Arbitration opt-out: “ARBITRATION OPT-OUT” 

 

Thank you for being part of the Habitual Growth community.