Everything that governs how Habit Bandz works — from your rights as a user to how we handle data.
This Subscription Agreement (“Agreement”) is made effective as of the date of acceptance (“Effective Date”) by and between you (“Subscriber”), a licensed healthcare provider or clinical practice, and Habit Bandz LLC , an Ohio limited liability company (“Habit Bandz”).
BY CLICKING ON THE BUTTON TO SUBMIT AN ORDER, YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT CLICK THE BUTTON TO SUBMIT AN ORDER.
Terms and Conditions
1. Purpose and License.
Subscriber desires to purchase a subscription to the Habit Bandz clinician portal and associated software platform (the “Platform”). By executing this Agreement, Habit Bandz grants Subscriber the following non-exclusive rights to the Platform, provided that Subscriber agrees to and complies with all terms and conditions of this Agreement:
a. Use. Subscriber may access and use the Platform for clinical purposes in connection with Subscriber’s professional practice, including monitoring client progress, reviewing behavioral health data, and managing client accounts. Subscriber shall not sublicense, distribute, or provide access to the Platform to any third party except as expressly permitted herein.
b. Reservation of Rights. The Platform is licensed, not sold, to Subscriber by Habit Bandz. Habit Bandz reserves all rights not expressly granted to Subscriber in this Agreement. Subscriber shall refrain from any action that would diminish such rights or would call them into question.
c. Acceptable Use. Subscriber shall use the Platform only for lawful purposes and in accordance with all applicable federal, state, and local laws and regulations, including but not limited to those governing the practice of healthcare. Subscriber is solely responsible for ensuring that its use of the Platform complies with all professional licensing requirements and standards of care applicable to Subscriber’s practice.
d. Third Party Software. Notwithstanding the terms and conditions of this Agreement, all or any portion of the Platform which constitutes third party software is licensed to Subscriber subject to the terms and conditions of the software license agreement accompanying such third party software, whether in the form of a discrete agreement, shrink wrap license, or electronic license terms accepted at time of download.
2. Term and Termination.
This Agreement shall become effective upon acceptance by Subscriber and shall remain in effect until terminated as provided below.
a. Termination for Cause. This Agreement will automatically terminate without notice in the event Subscriber breaches this Agreement and/or fails to comply with any term or condition of this Agreement.
b. Termination by Habit Bandz. Habit Bandz may terminate this Agreement upon thirty (30) days prior written notice to Subscriber.
c. Termination by Subscriber. Subscriber may immediately terminate this Agreement at any time during the Trial Period (as defined below) by deleting its account. After the Trial Period, Subscriber may terminate this Agreement upon thirty (30) days prior written notice to Habit Bandz. Deletion of Subscriber’s account shall be deemed as written notice. However, Subscriber will remain liable for all Subscription Fees during the then-current subscription term.
d. Effect of Termination. Upon termination of this Agreement, Subscriber will lose all access to the Platform. Subscriber is responsible for exporting any data or information stored within Subscriber’s account prior to termination. Habit Bandz will retain or delete data in accordance with its data retention policy and applicable law.
e. Automatic Renewal. Subscriber is required to sign up for a minimum one (1) year subscription term. The subscription term shall automatically renew for additional one (1) year periods unless Subscriber provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current subscription term. Subscriber shall be responsible for payment of the Subscription Fee for any renewal term(s).
3. Payment Terms.
Before Subscriber is granted access to the Platform, Subscriber shall provide Habit Bandz with valid and updated payment information. Subscriber authorizes Habit Bandz to charge such payment method for the Platform for any subscription term and any renewal subscription terms on a One Thousand Two Hundred Dollars ($1,200.00) per year basis (collectively, “Subscription Fees”). Subscriber shall have the following payment options:
(1) Annual Payment: Subscriber shall be charged every three hundred sixty-five (365) days for the applicable Subscription Fees in full ($1,200.00); or
(2) Quarterly Payment: Subscriber shall be charged every three (3) months at a rate of Three Hundred Seventy-Five Dollars ($375.00) per quarter, however Subscriber shall be required to sign up for a minimum one (1) year subscription term (“Annual Term”). If Subscriber terminates the Agreement prior to the end of an Annual Term, Subscriber will remain responsible for payment of all Subscription Fees through the Annual Term.
a. Trial Period. Subscriber may elect for Habit Bandz to provide the Platform for a period of fourteen (14) days commencing upon the date that the Platform is first made available to Subscriber (the “Trial Period”). If Subscriber does not convert to a paid subscription prior to the expiration of the Trial Period, Subscriber’s access to the Platform will automatically terminate.
b. Payment Information. Subscriber is responsible for providing complete and accurate billing and contact information to Habit Bandz and notifying Habit Bandz of any changes to such information.
c. Taxes. Appropriate sales tax will be added. The sales and use tax charged will be based on the laws of the jurisdiction where the Platform is sold.
d. Suspension. If any amount owed by Subscriber under this Agreement is ten (10) or more days overdue, Habit Bandz may, without limiting any other rights and remedies, suspend Subscriber’s access to the Platform until such amounts are paid in full.
4. Clinical Use Disclaimer.
The Platform is intended as a clinical support tool and does not provide medical advice, diagnosis, or treatment. Subscriber acknowledges and agrees that:
a. The Platform is not a substitute for professional clinical judgment. All clinical decisions regarding client care remain the sole responsibility of the Subscriber.
b. Data and insights presented through the Platform are intended to supplement, not replace, Subscriber’s independent professional assessment.
c. Habit Bandz makes no representations or warranties regarding clinical outcomes associated with the use of the Platform.
5. Disclaimer of Warranties.
a. Subscriber acknowledges that the use of the Platform will be under Subscriber’s exclusive management and control. Subscriber shall be responsible for assuring the proper establishment and maintenance, operating methods, safety precautions, security measures, and procedures necessary for Subscriber’s intended use of the Platform.
b. EXCEPT AS MAY BE SET OUT IN A SPECIFIC WARRANTY ACCOMPANYING THE PLATFORM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HABIT BANDZ PROVIDES THE PLATFORM AND ANY THIRD PARTY SOFTWARE “AS IS” AND WITH ALL FAULTS AND WITHOUT ANY OTHER WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND LACK OF VIRUSES, ALL WITH REGARD TO THE PLATFORM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HABIT BANDZ OR A HABIT BANDZ AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
c. IN NO EVENT DOES HABIT BANDZ PROVIDE ANY WARRANTY OR REPRESENTATIONS WITH RESPECT TO ANY THIRD PARTY HARDWARE OR SOFTWARE WITH WHICH THE PLATFORM IS DESIGNED TO BE USED, INCLUDING BUT NOT LIMITED TO APPLE WATCH, IPHONE, OR ANY OTHER WEARABLE DEVICE, AND HABIT BANDZ DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY FAILURES THEREOF.
6. Limitation of Liability.
Notwithstanding any damages Subscriber might incur, the entire liability of Habit Bandz under any provision of this Agreement and Subscriber’s exclusive remedies for all of the foregoing shall be limited to the amount actually paid by Subscriber for the Platform during the twelve (12) months preceding the event giving rise to the claim. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HABIT BANDZ BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PLATFORM, THIRD PARTY SOFTWARE AND/OR THIRD PARTY HARDWARE USED WITH THE PLATFORM, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT), EVEN IF HABIT BANDZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7. Indemnification.
Subscriber shall indemnify and hold Habit Bandz and its officers, directors, employees, and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to Subscriber’s: (i) violation of the terms and conditions of this Agreement; (ii) violation of any laws, regulations, or third party rights; (iii) negligent act, omission, or willful misconduct; or (iv) use of the Platform in connection with Subscriber’s clinical practice, including any claims arising from clinical decisions made using data obtained through the Platform.
8. Data and Privacy.
a. Subscriber Data. Subscriber retains all rights to data that Subscriber inputs into the Platform (“Subscriber Data”). Subscriber grants Habit Bandz a limited, non-exclusive license to use, process, and store Subscriber Data solely for the purpose of providing the Platform and related services.
b. Aggregated Data. Habit Bandz may collect and use de-identified and aggregated data derived from Subscriber’s use of the Platform for product improvement, research, and analytics purposes.
c. Privacy Policy. Subscriber’s use of the Platform is subject to Habit Bandz’s Privacy Policy, which is incorporated herein by reference.
9. Governing Law.
This Agreement is governed by the laws of the State of Ohio, exclusive of conflict of law provisions. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any disputes arising under this Agreement shall be resolved in the state or federal courts located in Cuyahoga County, Ohio, and the parties consent to the exclusive jurisdiction of such courts.
10. Entire Agreement.
This Agreement is the entire agreement between Subscriber and Habit Bandz relating to the Platform and it supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Platform or any other subject matter covered by this Agreement. No modifications of this Agreement shall be effective unless made in writing and signed by duly authorized representatives of Habit Bandz and Subscriber. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of this Agreement will remain in full force and effect.
By clicking “I Agree” or submitting an order, Subscriber acknowledges that Subscriber has read, understood, and agrees to be bound by this Agreement.
Habit Bandz LLC: Privacy Policy and Terms of Use
Effective Date: May 20, 2024
Habit Bandz LLC takes the privacy and security of personal information very seriously. As such, we have prepared the following Privacy Policy to provide you with information about how your data is collected, used, shared, transferred, and protected as a result of your interaction with habitbandz.com and dashboard.habitbandz.com, as well as our mobile applications (the "Sites"). By accessing the Sites, you agree to the following Privacy Policy. If you disagree with any of the provisions described below, your remedy is to stop using the Sites immediately.
Information Collection
When you interact with the Sites, we may ask you to provide your name and contact information such as your billing address, email address, and company/practice name. It is your decision to use the Sites, and, as such, any provision of this personal information is completely voluntary.
If you register for the dashboard, you will also create a username and password, which we will maintain for purposes of authenticating you when you log in.
We also collect certain Internet and other electronic network activity information such as your browsing history, the length of time spent on certain pages, the website URL from the website you were visiting before coming to the Sites, which URL you next visit, device type, what browser you are using, Internet service provider, date/time of visit information, operating system, and your Internet Protocol ("IP") address.
When you use the Habit Bandz mobile application, we collect de-identified behavioral data that you enter or generate through your use of the app, such as urge logs, session activity, self-reported check-ins, and related interactions. This information supports the core functionality of the application.
Health Data (Apple HealthKit)
Habit Bandz integrates with Apple HealthKit to read heart rate samples from Apple Watch during usage. This integration is optional and requires your explicit permission through the HealthKit authorization prompt. You may disable this integration at any time in your device's Settings.
We will use HealthKit data only for the following purposes:
We will not use HealthKit data for the following purposes:
All HealthKit-sourced data is encrypted in transit and at rest. Habit Bandz will not request access to HealthKit data unless the user has explicitly granted permission.
Cookies
Cookies are small files that are sent to and stored in your computer by the websites you visit. Cookies are stored in your browser's file directory. Cookies may be stored only for the time you are in a given site or they may remain stored in your browser for a defined period of time beyond your current session. Cookies work in combination with content within the website itself, to capture and remember information. To learn more about these technologies and how they work, please see www.allaboutcookies.org .
We use cookies and other similar technologies (such as web beacons and pixels) to collect and process Internet and other electronic network activity information.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can review the options available to manage cookies in your browser. If you turn cookies off, you may not be able to browse the Sites. If you disable certain kinds of cookies, some aspects of our Sites may not function properly or as well.
Information Use
We will use your name and contact information to:
If you decide to make a purchase, you will be asked to provide your credit card information for those purchases. We do not retain your credit card information; rather, your credit card information is passed along to one of our third-party service providers for processing.
We will use the Internet and other electronic network activity information that we collect to:
Information Sharing
We may share all categories of personal information identified above to the following entities and/or for the following purposes:
Third Parties. We may share your personal information with third parties that provide services on our behalf, such as email marketing and payment processing. If we share personal information, we will require that such third parties use the personal information for the limited purpose for which we provide it, maintain reasonable security measures for the protection of such information, and comply with the provisions as outlined in this Privacy Policy.
Law Enforcement. Occasionally we may be required by law enforcement or judicial authorities to provide personal information. We will disclose personal information upon receipt of a court order, subpoena, warrant, or other legal process to the extent necessary to meet legal, national security, public interest, or law enforcement obligations. We fully cooperate with law enforcement agencies in identifying those who use our Sites for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
Successor Companies. In the event that we enter into an agreement to be purchased by another company or to merge with another company, we may share personal information with that company. We will require that such purchasers continue to comply with the provisions as outlined in this Privacy Policy.
Third Party Analytics Providers. We will also share Internet and other electronic network activity information with third party analytics companies that help us to monitor traffic on the Sites, learn how users are navigating our Sites, and help troubleshoot or improve the services we provide.
Your Choices
You may have choices when it comes to the collection, use, and sharing of your personal information.
If you wish to opt out of receiving promotional emails from us, you can use the "unsubscribe" link that appears on each email.
We store your data indefinitely and you have a right to be forgotten. You have the right to access, update and amend personal information that we hold about you. You also have the right to ask us to remove personal information about you or limit its use. If you would like to access, update or amend your personal information, or if you would like us to remove personal information that we hold about you, please email info@habitbandz.com.
Links to Third Party Sites
Our Sites may link to third party websites. We are not responsible for the collection, use, or sharing of your personal information once you leave our Sites and follow a link to one of these third party websites. Please consult each linked website's privacy policy for a description of how the website collects, uses, and shares your information.
Children's Information
The Sites are not intended for children under the age of 13 years old. We do not knowingly collect information from children under the age of 13. If we discover that we have information from a child under the age of 13, we will delete it immediately. If you believe that a child under the age of 13 may have provided his or her information to us, please contact us using the contact information below.
Do Not Track
We do not track personal information about users' online activities over time and across third-party websites or online services. We also do not allow third parties to collect personal information about users' online activities over time and across different websites. We do not respond to web browser "do not track" signals.
Cross-Border Transfer of Data
We are located in the United States. If you are not a resident of the United States, your country's laws governing data collection and use may differ from those in the United States; in particular, the United States may not provide the same level of protections as those in your own country. Please note that we transfer personal information into the United States for processing. Such transfer is completed on the basis of our legitimate business interests and/or your affirmative consent.
Security
We understand the importance of information security and will take reasonable measures to protect the security and confidentiality of your information. Please understand that no measures can guarantee 100% security.
You are responsible for the security of your log-on information. Please do not share your log-on password with anyone. If you believe your log-on password has been compromised, please contact us immediately.
Additional Compliance
California Online Privacy Protection Act Compliance (CalOPPA)
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.
Children's Online Privacy Protection Act Compliance (COPPA)
We are in compliance with the requirements of COPPA. We do not collect any information from anyone under 13 years of age. Our website, products, and services are all directed to people who are at least 13 years old or older.
Changes to this Privacy Policy
We reserve the right to make changes to this Privacy Policy. We will post changes directly to this Privacy Policy, so it is your responsibility to check back here from time to time to review this Privacy Policy. If we make a material change in the type of information we collect or its use, we will provide advance notice of such change, and obtain your consent for the new collection or use, as required by law.
Contact Information
If you have any questions or concerns about this Privacy Policy, please contact us using the information below.
info@habitbandz.com
Last Edited: March 3, 2026 | Created: May 20, 2024
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
OUR PRODUCTS DO NOT PROVIDE ANY MEDICAL ADVICE OR OPINIONS AND DO NOT SERVE AS A SUBSTITUTE FOR THE ADVICE OF A MEDICAL PROFESSIONAL. YOU MAY PROVIDE THE INFORMATION AND REPORTS DISPLAYED IN OUR PRODUCTS TO MEDICAL PROFESSIONALS AT YOUR OWN RESPONSIBILITY, UNDERSTANDING THAT THE PRODUCTS ARE PROVIDED WITHOUT WARRANTY EXCEPT AS REQUIRED BY LAW OR AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT.
None of the Products are intended for emergency situations. If you think you OR YOUR CHILD may have a medical emergency, call your doctor or emergency services immediately. Never disregard professional advice or delay in seeking treatment or advice because of information you receive from the Products or read about the Products.
Habit Bandz LLC: Purchase order terms and conditions
Your purchase of the hardware component of the Habit Bandz product (the "Product") is subject to these Habit Bandz Purchase Order Terms (the "Terms"). You may also download a mobile application from Habit Bandz that works in conjunction with the Product (the "Application"). Your use of the Application shall be subject to both Habit Bandz licensing terms and the licensing terms established by the applicable mobile platform provider e.g. Apple or Google.
Product Warranty and Returns. Habit Bandz is a final-sale product, but may offer seasonal promotions as promoted on HabitBandz.com. Habit Bandz warrants that the Product will be free from defects in materials and/or workmanship for a period of 3 months from the date of delivery of Product ("Warranty Period"). If a defect arises within the Warranty Period, Habit Bandz will 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 Habit Bandz and bear the loss during shipment. Habit Bandz will be responsible for the cost of shipping the repaired Product or replacement Product to you. In the event Habit Bandz offers any money-back obligation, the purchaser is responsible for paying shipment costs. Habit Bandz LLC will reimburse the cost of the device upon receipt of the product and only if the product is free from defects.
30-Day Risk-Free Trial Return Policy: If Habit Bandz offers a money-back guarantee as part of a promotion, customers are responsible for covering the cost of return shipping. A full refund will only be issued once Habit Bandz receives all components of the Product, including the device, accessories, and packaging, in undamaged, working condition. If any parts are missing or the Product shows visible damage that affects functionality, Habit Bandz reserves the right to deduct a portion of the refund or deny reimbursement entirely. Refunds will be processed within 14 business days after the returned Product has been received and inspected.
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. (f) failure of the product to create desirable habit changing results. This warranty only extends to the original purchaser.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, HABIT BANDZ 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 Habit Bandz OR ANY OF HABIT BANDZ'S SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY. IF HABIT BANDZ 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.