Terms of use

1. What these terms cover

These Terms of Use (the "terms") are an agreement between you and Victor S. Keenan, an individual developer based in Florida, United States ("we", "us"), covering the website at inspyredhabitsapp.com and your use of the Inspyred Habits app on iPhone, iPhone Duo, iPad, Mac and Apple Watch (together, the "service"). By using the website or the app you agree to them. If you do not agree, please do not use the service.

The app itself is licensed to you under Apple's standard Licensed Application End User License Agreement, which you accepted when you downloaded it from the App Store. These terms add to that license; where the two overlap, Apple's license governs the app and these terms govern everything else.

2. Who can use the service

You must be old enough to enter into a binding agreement where you live, or be using the service with the permission of a parent or guardian who agrees to these terms on your behalf. The service is not directed at children under 13.

3. What the service is, and is not

Inspyred Habits is a tool for tracking habits you choose to build. It records what you log, calculates streaks and statistics from it, and reminds you when you ask it to. It does not give medical, psychological, nutritional, fitness or other professional advice, and nothing in the app, on the website or in our support replies should be taken as such. Decisions about your health, exercise, diet, sleep or medication are yours to make with a qualified professional. If you track a habit that relates to a medical condition, the app is a notebook, not a treatment.

4. Subscriptions, trials and billing

Free trial. New subscribers get a 7-day free trial. When the trial ends, the subscription starts and Apple charges your account unless you cancel at least 24 hours before the trial ends.

Price and renewal. The subscription is $12.99 per year, or the equivalent in your local currency as shown in the App Store at the time of purchase, plus any taxes Apple applies. It renews automatically each year at the then-current price unless you cancel at least 24 hours before the renewal date. Apple will notify you in advance of any price increase and, where required by law, ask you to agree to it.

Cancelling. You can cancel at any time in Settings › your name › Subscriptions on your device, or through the App Store. Cancelling stops future charges; you keep access until the end of the period you have already paid for. Deleting the app does not cancel the subscription.

Refunds. Purchases are made through Apple and are subject to Apple's refund policy. To request a refund, use reportaproblem.apple.com or contact Apple Support. We cannot issue refunds ourselves.

Family Sharing. Where Apple makes it available, your subscription can be shared with your Family Sharing group under Apple's rules.

Changes to the offer. We may change the price or the features included in the subscription for future periods. Changes will not affect a period you have already paid for.

5. Your data belongs to you

Everything you enter into the app is yours. It is stored on your device and, if you choose, in your own iCloud account; we do not have access to it and claim no rights in it. You can export it at any time from Settings › Backup and import it again or take it elsewhere. Because we never hold a copy, you are responsible for keeping your own backup: if you delete the app and its iCloud data, or lose a device without iCloud sync on, we cannot recover anything for you. How information is handled is described in our privacy policy, which is part of these terms.

Sending logs. The app's Send Logs button is optional. If you use it, you are choosing to send us a diagnostic log containing technical information about your device, the app and what it did, as described in the privacy policy, so that we can look into a problem you report. Nothing is sent until you confirm. We use the log only for that purpose and delete it when the matter is closed. Sending a log does not give us access to your habits or anything else on your device, and it does not oblige us to fix a particular problem, though we will try.

6. Acceptable use

Use the service only as it is intended and only in ways that are legal where you are. Do not attempt to reverse engineer, decompile or extract the source code of the app (except to the extent the law expressly allows it), to interfere with the website or its hosting, to probe it for vulnerabilities without our written permission, to use the support form to send spam or abusive messages, or to resell or redistribute the app or any part of it.

7. Our intellectual property

The app, the website, the Inspyred Habits name and logo, the icon, the illustrations, and all of the software, design and text in them belong to us or our licensors and are protected by copyright, trademark and other laws. These terms do not give you any right to use them except to run the app and read the website as intended. Apple, iPhone, iPad, Mac, Apple Watch, iCloud and the App Store are trademarks of Apple Inc., and we are not affiliated with Apple.

8. Feedback

If you send us ideas, suggestions or feature requests, we may use them without any obligation to you and without payment. We appreciate them, but we cannot promise to build what you ask for.

9. Third-party services

The service depends on Apple's App Store, iCloud and notification systems, and the website uses Google Analytics. Those services have their own terms and privacy policies, which govern your relationship with Apple and Google. We are not responsible for their availability or their conduct, and an outage or change on their side may affect the service in ways we cannot control.

10. No warranty

The service is provided "as is" and "as available". To the fullest extent the law allows, we make no warranties of any kind, express or implied, including that the service will be accurate, uninterrupted, error-free or secure, that streak and statistics calculations will suit every situation, or that reminders will always be delivered. Some places do not allow some of these exclusions, so some may not apply to you.

11. Limitation of liability

To the fullest extent the law allows, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost data, lost profits or lost goodwill, arising from your use of or inability to use the service, even if we have been told such damages were possible. Our total liability to you for all claims relating to the service is limited to the amount you paid us for the service in the twelve months before the claim arose, or ten U.S. dollars, whichever is greater. These limits do not apply where the law does not allow them, and nothing in these terms limits liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot lawfully be limited.

12. Ending the agreement

You can stop using the service at any time by cancelling your subscription and deleting the app. We may suspend or end your access to the website or the service if you break these terms or if we discontinue the service, and we will give reasonable notice of discontinuation where we can. Sections 5 and 7 through 15 survive the end of the agreement.

13. Changes to these terms

We may update these terms from time to time. The effective date at the top of this page shows when they last changed. For a material change we will post a notice on the website or in the app's release notes before it takes effect. Using the service after a change takes effect means you accept the updated terms.

14. Governing law and disputes

These terms are governed by the laws of the State of Florida and the federal laws of the United States, without regard to conflict-of-law rules. If you have a problem, please email us first at [email protected]; most things can be sorted out informally within a few days. Any dispute that cannot be resolved that way will be brought in the state or federal courts located in Florida, and you and we each agree to the personal jurisdiction of those courts. If you are a consumer in a country whose laws give you the right to bring claims in your local courts or under your local law, nothing in this section takes that right away.

15. Apple's role

These terms are between you and us, not Apple. Apple is not responsible for the app or its content and has no obligation to provide maintenance or support for it. Apple is not responsible for addressing any claim relating to the app, including product liability, legal or regulatory claims, or intellectual property claims, except to the extent its own license requires. Apple and its subsidiaries are third-party beneficiaries of these terms as they relate to the app and may enforce them against you. You confirm that you are not located in a country subject to a U.S. government embargo or designated as a terrorist-supporting country, and that you are not on any U.S. government list of prohibited or restricted parties.

16. Everything else

These terms, the privacy policy and Apple's app license are the whole agreement between you and us about the service. If any part of them is found unenforceable, the rest still applies. If we do not enforce a term right away, we can still enforce it later. You may not transfer this agreement to anyone else; we may transfer it to someone who takes over the service, and we will tell you if we do.

17. Contact

Victor S. Keenan, Florida, United States. Email [email protected].