Terms of Service

1. Definitions

Capitalized terms used in these Terms have the meanings set out below. These definitions apply whether the term appears in singular or plural form.

• "App" means the mobile software application called PureHabits (or any successor name), provided by us and distributed via app stores.
• "App Store" refers to the Apple App Store (operated by Apple Inc.) or Google Play Store (operated by Google LLC), or any other digital storefront from which you obtained the App.
• "Company", "we", "us", or "our" refers to PureHabits, LLC, a Texas limited liability company with its principal place of business at 5900 Balcones Drive STE 100, Austin, TX 78731.
• "Device" means any electronic device (such as smartphone, tablet, or computer) capable of accessing and running the App.
• "Service" refers collectively to the App and any related features, content, or functionality we make available through it.

2. Acceptance of Terms

These Terms form a legally binding agreement between you and the Company regarding your use of the Service.

By downloading, installing, accessing, or using the App, you confirm that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years old (or the age of majority in your jurisdiction);
• You accept our Privacy Policy (which is incorporated herein by reference).

If you do not agree with any provision of these Terms or the Privacy Policy, you must immediately stop using the Service and uninstall the App. You represent that you are accessing the Service from a location where it is legal to do so.

3. Lifetime Access Purchases – Important Clarification

A "Lifetime Access" or one-time purchase grants you a non-exclusive, non-transferable, revocable license to use the version of the App and associated features available at the time of your purchase, for as long as we continue to offer and support the Service in a materially similar form.

The term "lifetime" refers solely to your personal, non-commercial use during the period we maintain the Service without fundamental discontinuation. It does not guarantee perpetual availability of the current version, future updates, new features, cloud syncing, server-based functionality, technical support, or bug fixes.

We may, at any time and in our sole discretion, discontinue, suspend, modify, rebrand, limit, or cease offering the Service (or any portion thereof), including lifetime access features, without prior notice and without liability to you. Such actions do not entitle you to refunds, compensation, credits, or continued access beyond what is technically feasible at that time.

You expressly acknowledge and accept this risk as part of making a one-time purchase. No refunds will be provided for lifetime purchases except as required by applicable law or App Store policies.

4. License Grant & Restrictions

Subject to your compliance with these Terms, we grant you a limited, personal, non-transferable, non-sublicensable license to install and use the App solely for your personal, non-commercial purposes on Devices you own or control. This license is effective until terminated.

You may not:

• copy, modify, adapt, translate, reverse engineer, decompile, or create derivative works;
• rent, lease, lend, sell, redistribute, or sublicense the App;
• use the App for any unlawful purpose or in violation of any applicable law;
• remove or alter any copyright, trademark, or other proprietary notices.

5. Third-Party Services & Links

The Service may integrate with, display content from, or contain links to third-party services (including App Stores, analytics providers, or social media platforms).

We do not control and are not responsible for the availability, accuracy, privacy practices, or content of any third-party services. Your use of them is at your own risk and subject to their respective terms.

6. Termination

We may, at our sole discretion and without prior notice or liability, immediately suspend or terminate your access to the Service if you breach any provision of these Terms, engage in fraudulent activity, or for any other reason, including business decisions such as discontinuation of the Service.

Upon termination, your license and right to use the Service end immediately. Sections concerning limitation of liability, disclaimers, governing law, indemnification, and any other provisions intended to survive termination shall continue in effect.

7. Disclaimer of Warranties – "AS IS" Basis

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES — EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE — INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE.

WE DO NOT WARRANT THAT THE SERVICE WILL:

• meet your requirements or expectations,
• operate uninterrupted, securely, or error-free,
• be compatible with any particular hardware/software, or
• be free from viruses, malware, or harmful components.

Some jurisdictions do not permit the exclusion of certain warranties; in those cases, the above exclusions apply only to the maximum extent allowed.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY (AND THAT OF OUR AFFILIATES, SUPPLIERS, AND LICENSORS) ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

(a) the amount you actually paid us in the twelve (12) months preceding the claim, or
(b) $100 USD (or equivalent).

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, GOODWILL, BUSINESS INTERRUPTION, OR PERSONAL INJURY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions prohibit limitation of liability for certain damages; in those cases, liability is limited to the extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Service, violation of these Terms, or infringement of third-party rights.

10. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Texas, United States of America, without regard to its conflict of law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall first be attempted to be resolved amicably through good-faith discussions.

If no resolution is reached within 30 days, disputes shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except where prohibited by law. The arbitration shall take place in Travis County, Texas, or remotely if agreed by the parties.

You and we agree to waive any right to a jury trial and to participate in any class, collective, or representative action. This arbitration provision survives termination.

Opt-Out: You may opt out of arbitration within 30 days of first accepting these Terms by sending written notice to support@purehabits.io.

11. United States Users – Export & Compliance

You represent that you are not located in any country subject to a U.S. Government embargo or designated by the U.S. as a "terrorist supporting" country, and you are not on any U.S. Government list of prohibited or restricted parties.

12. App Store Provisions

If you downloaded the App from the Apple App Store, you acknowledge these Terms are between you and PureHabits, LLC (not Apple). Apple has no obligation to furnish any maintenance and support services with respect to the App. Your use is subject to the App Store Terms of Service. In case of conflict regarding third-party beneficiary rights, Apple's terms control to that extent.

13. Miscellaneous

• Changes to Terms — We may revise these Terms from time to time. Material changes will be notified with at least 30 days' advance notice (via in-app message, email, or app store update description). Continued use after the effective date constitutes acceptance of the updated Terms. Non-material changes may be posted in the App without separate notice.
• Severability — If any provision is held invalid or unenforceable, it will be reformed to achieve its intended purpose to the maximum extent possible, and the remaining provisions remain in full force.
• No Waiver — Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
• Entire Agreement — These Terms (together with the Privacy Policy) constitute the entire agreement between you and us regarding the Service.

14. Contact Information

If you have questions about these Terms, please reach out to us at:

Email: support@purehabits.io

Thank you for using PureHabits! We hope the app helps you build meaningful habits. 🌱