Terms of Service

Binding contractual terms

These terms and conditions ("Terms") regulate the legal agreement between Accemo Software Limited ("we", "Company") and the user ("you") of all content, products, services and functionality ("Service"), including but not limited to text, information, graphics, links and other materials, provided through the mobile application ("App"), as well as through the website operated by us ("Website") and via other third parties (e.g. the Apple App Store, the Google Play Market etc.). These Terms provide for terms and conditions under which you may access and use the Service by means of a device ("Device"), including but not limited to computers, smartphones and tablets. These Terms are governed by the laws of Austria without regard to its conflicts of law provisions.

Please read these Terms carefully before starting to use the Service. By accepting these Terms, you confirm that you have read and understood these Terms, are at least 18 years old or possess legal parental or guardian consent and agree to be legally bound by terms and conditions, as well as all applicable legal rules and regulations covered by the Terms. If you are under the respective age, are not fully liable and competent to accept the Terms or do not agree with the Terms, you must not use, access or download the Service.

We reserve the right to update the Terms, replace parts of it or any related documents at our sole discretion at any point in time, as well as to limit or modify the Service. You agree, that the Company is not obliged to ask for your consent or give a notice to you on modifying or terminating the Service and is not liable to you upon exercising this right. On continuing to use the service after the changes in Terms are published, you automatically agree with and accept the most recent changes.

Use of the Service

These Terms come in force from the moment you start using the Service in any form. Subject to these Terms over the course of the Terms’ duration, Accemo Software Limited grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license for downloading, accessing and using the App. You agree to only use the Service for personal purposes in compliance with legal rules and regulations covered by the Terms, as well as all local, state and federal laws. You are fully responsible for all activities you perform in connection with the Service, maintaining the confidentiality of your personal data, preventing the unauthorized use, access and downloads of the Service by the third parties, as well as notifying the Company of such fraud cases.

Please note, that the Service only provides for recommendations regarding the habit development and must not be interpreted as the provision of medical care. You confirm that you are responsible for consulting with your health care provider before the use of the Service. If you have a health condition which can be influenced by the use of Service, you agree that you have received an approval from your medical care provider to use the Service. Any habit suggestions must be interpreted as serving informational purposes and should not override any care plan or medical treatment from a health care professional.

Pro Subscription

This Pro Subscription: By signing up for Pro, you hereby agree to these payment terms and conditions. If you choose to subscribe to Pro (“Pro Service”), you are signing up to an auto-renewing subscription requiring recurring payments and agree to pay the then current applicable Pro Service fee listed in the agreement. You will be billed for the subscription either through your credit card or through your intermediary provider such as iTunes, Google Play, or a similar app store (the “AppStore”). The fee will be billed on a weekly basis from the date you first subscribe to the Pro Service, and automatically on each weekly renewal thereafter, unless and until you cancel your subscription. All fees and charges are nonrefundable, and there are no refunds or credits for partially used periods.

Restrictions to use of the Service

You should never allow unauthorized third parties to access the Service though sale, licensing or sublicensing, distributing, copying (other than backups of your personal data for personal purposes), renting or leasing the Service. Your right to use and access the Service must not be transferred or granted to third parties. You agree to not interfere or attempt to interfere into the normal functioning of the Service or threaten the security of the Service or use the Service in any manner that could damage or disable the Service by any means, including but not limited to automatic devices and software. You must not access or attempt to access, transmit or distribute any information that we consider confidential, unlawful, infringing or otherwise violating the law. You agree to not copy, distribute and modify any part of the Service without prior written consent and authorization of the Company. You must not access or attempt to access any content of the Service including but not limited to technology, software, text, graphics unless entitled by the Company through the Terms.

Intellectual Property

All the technology, software and content, including but not limited to the graphics, functionality, design elements and their arrangements, UI, text, concepts, ideas, logo, name and the like, generated to create the Service are owned by the Company, subject to copyright and other intellectual property rights and must not be used for other purposes than those explicitly regulated in the Terms. Any unauthorized use of the Service may violate intellectual property rights and other laws.

Disclaimer of warranty

The Service and content are provided on an “as is”, “with all faults” and “as available” basis, without warranty of any kind. We do not provide any guarantee, that the Service or content will meet your expectations and requirements, or will be available on an uninterrupted, secure, accurate, integrate, complete and error-free basis. You agree, that you use the service at your sole risk and are fully responsible for any risk arising out of the Service performance. We expressly disclaim to the fullest extent permitted by applicable law all the warranties, related to products, services or content, express, implied, statutory and otherwise in connection with the Service.

Limitations of Liability

The company is not liable for any direct, indirect, incidental, special or consequential damages that occur as a result of your use of the Service, or inability to use the Service. This imitation of liability will apply in any contract, tort of any other claim. The company assumes no responsibility and excludes any warranties for any errors or omissions in the Service, technical accessibility, fitness or flawlessness of the Service.

Contacting Us

If you have any questions about our Privacy Policy, please contact us at gethearty@gmail.com .