Terms of Service | Health Coach app & Coaching Platform for Health Coaches

Introduction

We are happy to warmly welcome you to use Habinator! Your use of Habinator’s services, including the services Habinator makes available through its website (habinator.com) or websites (*.habinator.com), the Habinator mobile application, Coaching Platform, and any other software or services offered by Habinator in connection with any of those (the “Services”) is governed by these terms of use (the “Terms”), so please carefully read them before using the Services. For the purposes of these Terms, “we,” “our,” “us,” and “Habinator” refer to the company responsible of development Habinator and immaterial rights, the providers and operators of the Services.

In order to use the Services, you must first agree to these Terms. Please read them carefully. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will also refer to that organization, wherever possible.

You must be over 13 years of age to use the Services, and children under the age of 13 cannot use or register for the Services. If you are over 13 years of age but are not yet of legal age to form a binding contract (in many jurisdictions, this age is 18), then you must get your parent or guardian to read these Terms and agree to them for you before you use the Services. If you are a parent or guardian and you provide your consent to your child’s registration with the Services, you agree to be bound by these Terms with respect of your child’s use of the Services.

You agree your purchases and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Habinator or any of its affiliates regarding future functionality or features. If you use some additional services provided by Habinator those terms will become part of your agreement with us when you start using the service or product.

BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE SERVICES.

Not Medical Advice

You acknowledge and agree that the Services constitute, primarily, a personalized self-help system designed to help you improve your own health and well-being, and that if you choose to utilize the Services you are solely responsible for deciding which of the suggested techniques you put into practice and how to apply those techniques. As such, you acknowledge that Habinator is not a health care provider, and does not provide you with any medical advice.

PLEASE CONSULT YOUR MEDICAL OR HEALTH PROFESSIONAL BEFORE IMPLEMENTING ANY INFORMATION OR PROVIDED EXERCISES IN PRACTICE!

Any advice or other materials provided through the Services are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. Such advice and other materials are intended to support the relationship between you and your healthcare providers (as the case may be), and not replace it. We are not liable or responsible for any actions taken due to your having read or been told about such advice or other materials. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice or other materials and information published on or through the Services.

If you receive advice from a doctor or other qualified medical or healthycare professional which conflicts with anything contained in the Services then the former should take precedence. Never disregard professional medical advice or delay in seeking it because of something you have read through these Services. If you think you may have a medical emergency, call your doctor or 911 (US) immediately or 112 (Europe).

Not Medical Device

Habinator is not an officially certified medical device, and is not intended to cure, mitigate, prevent, treat or diagnose any disease, despite the fact many methods it mentions have been scientifically proven to promote health and well-being. If you are concerned about your health, please consult a healthcare professional.

Any product or service provided by us is not warranted to be within the scope of the EU Medical device legistlation or German Medical Device Directive (MPDG "Medizinprodukterecht-Durchführungsgesetz") or Medical Device Law (MPG "Medizinproduktegesetz").

Use of Services by Medical Professionals

In addition to functioning as a standalone personalized self-help system, the Services may also be used by certain medical professionals and/or health care providers (“Medical Professionals”) to monitor or otherwise assist in their patient’s use of the Services (“Patients”). Such use shall require the Patient’s affirmative consent, and shall also be subject to the terms of a separate agreement (the “Medical Professionals Agreement”). In the event of any conflict between these Terms and the terms of the Medical Professionals Agreement, the terms of the Medical Professionals Agreement shall control with respect to use of the Services by Medical Professionals. In all other matters, these Terms shall control.

Registration

By registering for the Services, the User agrees to these Terms of Use and the associated Privacy Policy.

The User affirms that the information about his person and other information relevant to the and other contract-relevant information provided by him/her in the context of the
is complete and correct.

The provisions of the GDPR as well as the provisions of the respective national law regarding the law regarding the minimum age of a user with regard to consent to the processing of to the processing of personal data.

Your Account

In the course of registering for or using the Services, you may be required to provide Habinator with certain information, including your name, email address, username and a password (“Credentials”) and other additional information. Habinator handles such information with the utmost attention, care and security. Nonetheless, you, not Habinator, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify Habinator promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Habinator of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Habinator immediately.

Misuse of Services

Don't misuse or try to harm our services without our permission. Don't interfere or try to access our services using the method other than the interface and the instructions we provide. We may remove your account or suspend your access to the services if you don't comply to these terms or policies provided by the law.

Content

A variety of information, reviews, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials (“Content”) may be made available through the Services by Habinator or its suppliers (“Habinator-Supplied Content”). While Habinator strives to keep the Content that it provides through the Services accurate, complete, and up-to-date, Habinator cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any Habinator-Supplied Content.

You acknowledge that you may also be able to create, transmit, publish or display information (such as data files, written text, computer software, audio files or other sounds, photographs, videos or other images) through use of the Services. All such information is referred to below as “User Content.” You agree that you are solely responsible for (and that Habinator has no responsibility to you or to any third party for) any User Content, and for the consequences of your actions (including any loss or damage which Habinator may suffer) in connection with such User Content. If you are registering for these Services on behalf of an organization, you also agree that you are also responsible for the actions of associated Users and for any User Content that such associated Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Services.

Habinator may refuse to store, provide, or otherwise maintain your User Content for any or no reason. Habinator may remove your User Content from the Services at any time if you violate these Terms or if the Services are canceled or suspended. If User Content is stored using the Services with an expiration date, Habinator may also delete the User Content as of that date. User Content that is deleted may be irretrievable. You agree that Habinator has no responsibility or liability for the deletion or failure to store any User Content or other communications maintained or transmitted through use of the Services.

Habinator reserves the right (but shall have no obligation) to remove User Content from the Services, in its discretion.

By submitting, posting or otherwise uploading User Content on or through the Services you give Habinator a worldwide, royalty-free, nonexclusive, fully sub-licensable, and perpetual license as set below: With respect to User Content that you submit, post or otherwise make publicly or generally available through the Services (such as postings made on the Services’ public forums), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal purpose; and With respect to User Content that you submit, post or otherwise make available privately via the Services (such as communications made to a specific user or User Content which you upload for your own personal use), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the sole purpose of enabling Habinator to provide you with the Services.

If you discover or notice any objectionable content or misuse of the Services please report to us immediately to our support that we can address the issues.

EULA (End User Licence Agreement)

Your using of the Services and the mobile Apps available you are agreeing to this End User Licence Agreement.

Apple, Inc. ("Apple") and Google LLC ("Google") are not a party to this Agreement and shall have no obligations with respect to the Licensed Application ("Habinator App"). However, Apple, Google and their subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple and Google shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple and Google Play Terms of Service, for purposes of which, you are the “the end-user” and Habinator is the “Application Provider." In the event of a conflict in the terms from the App distributers this Agreement shall control.

Ownership; License: Habinator shall own and retain ownership in the Licensed Application, and all intellectual property therein. Contingent upon your compliance with the terms and conditions of this Agreement, Moticator Coaching hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license (the “ License”) to use the Licensed Application on any iPhone, iPad or Android devices (collectively, a “Device”) that you own or control. This license does not allow you to use the Licensed Application on any Device that you do not own or control, and 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 rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, 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 any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Habinator and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Habinator that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Termination: The License is effective until terminated by you or Habinator. Your rights under this License will terminate automatically without notice from Habinator if you fail to comply with any term(s) of this Agreement. Upon termination of the License, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
Credentials (Username, Password, Email): You are responsible for maintaining the confidentiality of any user credentials used by you in connection with the Licensed Application. You expressly agree not to share your user credentials with any other person. You are solely responsible for all activities that occur under your user credentials, and you agree to notify Habinator immediately of any unauthorized use of your user credentials or any other breach of security related to the Licensed Application. If you are concerned that your password has been compromised, or you have lost your Device, it is your responsibility to change your password, notify Habinator immediately, and cancel any unauthorized uses or payments. Habinator WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR USER ID, PASSWORD, DEVICE, OR TO COMPLY WITH THIS SECTION.
Social Media and Networking Sites: As part of the functionality of the Licensed Application, you may log in through online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Licensed Application; or (ii) allowing Habinator to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Habinator and/or grant Habinator access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Habinator to pay any fees or making Habinator subject to any usage limitations imposed by such third party service providers. By granting Habinator access to any Third Party Accounts, you understand that (i) Habinator may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “ SNS Content”) so that it is available on and through the Licensed Application via your Account, including without limitation any friend, contacts or following/followed lists (ii) Habinator may submit and receive additional information to your Third Party Account as indicated herein. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through the Licensed Application. Please note that if a Third Party Account or associated service becomes unavailable or Habinator’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Licensed Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Habinator makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Habinator is not responsible for any SNS Content.
Use of Licensed Application: Neither Habinator, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of information or location data displayed by the Licensed Application.
You understand that by using the Licensed Application, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Licensed Application at your sole risk and that Habinator shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
You agree that the Licensed Application may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to the copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Licensed Application.
The Licensed Application is not available in all languages or in all countries. Habinator makes no representation that the Licensed Application is appropriate or available for use in any particular location. To the extent you choose to access Licensed Application, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable international, foreign, national, state, or local laws.
Habinator, and its licensors, reserve the right to change, suspend, remove, or disable access to any portion(s) of or the entire the Licensed Application at any time without notice. In no event will Habinator be liable for the removal of or disabling of access to any portion of the Licensed Application. Habinator may also impose limits on the use of or access to any portion(s) of the Licensed Application, in any case and without notice or liability.
Representations and Warranties: By using the Licensed Application, you expressly represent and warrant that (i) you have reviewed the Terms of Use (ii) you have the right, authority and capacity to enter this Agreement and abide by its terms (iii) your use of the Licensed Application is for your sole, personal, non-commercial use, (iiii) you are at least 18 years of age. If you reside in a jurisdiction which restricts the use of the Licensed Application because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Licensed Application. You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Licensed Application you agree to comply with all applicable laws from your home nation, and the country, state and city in which you are present while using the Licensed Application.

You may only access the Licensed Application using authorized means. It is your responsibility to have internet access via a Device and to ensure that you download the correct Licensed Application for your Device. Habinator reserves the right to terminate this Agreement should you be using the Licensed Application with an incompatible or unauthorized Device.

By using the Licensed Application, you agree that:

You will not post, share or distribute any objectionable content or abusive users.
You will only use the Licensed Application for lawful purposes; you will not use the Licensed Application for sending or storing any unlawful material or for fraudulent purposes.
You will not use the Licensed Application to cause nuisance, annoyance or inconvenience.
You will not impair the proper operation of the network.
You will not try to harm or disrupt the integrity of the Licensed Application or any services used in any way whatsoever.
You will not copy, reverse engineer, decompile, or distribute the Licensed Application or other content without written permission from Habinator
You will only use the Licensed Application for your own use and will not resell it to a third party.
You will keep secure and confidential your account password or any identification we provide you which allows access to the Licensed Application.
You will provide Habinator with whatever proof of identity we may reasonably request.

Proprietary Rights

You acknowledge and agree that Habinator (or Habinator licensors) own all legal right, title and interest in and to the Services and that the Services are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist). As stated previously, our service allows you to upload, submit, store, send and receive content. You won't have or receive any intellectual property rights for received content from other users of service. The same way you retain intellectual property rights to your supplied content that you hold in to supplied content.

Services and Restrictions on Use

Habinator gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software and Habinator-Supplied Content provided to you as part of the Services. This license is for the sole purpose of allowing you to utilize the Services as a personalized self-help system to help you improve your health and well-being in the manner permitted by these Terms. Additionally, if you are a Medical Professional utilizing these Services in conjunction with a patient who is also a user of the Services, you may utilize the Services for the limited purpose of monitoring or assisting such patient with the same.

You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Habinator, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.

You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You may not access the Services in a manner intended to avoid incurring fees. You may not access the Services for the purpose of bringing an intellectual property infringement claim against Habinator or for the purpose of creating a product or service competitive with the Services.

You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the Services in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Habinator, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising). You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 13, as the Services are not intended for children under 13.

Privacy Policies

These Services are provided in accordance with our Privacy Policy, which can be found at habinator.com/privacy. By accepting these terms, you agree to the use of your User Content and personal information in accordance with these Terms and Habinator Privacy Policy. Not withstanding anything to the contrary, if you are using the Services on behalf of an organization, you agree to permit Habinator to identify you as a customer and to use your name and/or logo in Habinator website and marketing materials.

Habinator may collect and process the information described in the Privacy Policy. You agree that:

a) We may use the information for our general business purposes and to improve our services.

b) We may disclose the information to third parties in aggregate statistical form and to develop further services, provided that Habinator does not include any information that could be used to identify you.

Your use of the Service is entirely voluntary and at your own risk. As a user of the Service, you are responsible for all information you submit and you grant us the right to store and process that information in the manner described in these Terms and our Privacy Policy.

Modification and Termination

Habinator is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Habinator provides may change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of the Services will be effective with respect to all versions of the Services; examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements. Any new features that may be added to the website or the Services from time to time will be subject to these Terms, unless stated otherwise.

You may terminate these Terms at any time by canceling your account on the Services. You will not receive any refunds if you cancel your account. You agree that Habinator, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that Habinator will not be liable to you or any third party for such termination. If you connect with your medical or healthcare professional through using the Services and later remove the connection with that medical professional, you will be asked to sign a HIPAA authorization if you want to continue to use the Services. If you do not sign the HIPAA authorization, Habinator will be required to terminate the Services and your account. You will also be asked to sign a HIPAA authorization to continue to use the Services if the relationship between Habinator and your medical professional terminates. Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Changes to the Terms

These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Services. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services. Please visit this page regularly to review these Terms for any changes.

DISCLAIMER OF WARRANTY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” HABINATOR, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HABINATOR, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE. NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT HABINATOR’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

Limitation on Damages

Direct Damages: Any loss or damages for which such limitation is expressly prohibited by applicable law, the maximum aggregate monetary liability of Habinator and any of its Representatives in connection with the Services or the Agreement under any theory of law shall not exceed the total amount paid for the Services that are the subject of the claim in the twelve months immediately preceding the event(s) that gave rise to the claim.
Indirect Damages: Neither party (nor any of our Affiliates or Representatives) is liable to the other for any indirect, special, incidental, exemplary or consequential loss or damages of any kind. Neither of us is liable for any loss that could have been avoided by the damaged party’s use of reasonable diligence, even if the party responsible for the damages has been advised or should be aware of the possibility of such damages. In no event shall either of us be liable to the other for any punitive damages or for any loss of profits, data, revenue, business opportunities, customers, contracts, goodwill or reputation.
Failure of Essential Purpose: THE PARTIES AGREE THAT THE LIMITATIONS SPECIFIED IN THIS SECTION SHALL APPLY EVEN IF THE AGREEMENT OR ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

LIMITATION OF LIABILITY

SUBJECT TO SECTION "DISCLAIMER OF WARRANTY", YOU EXPRESSLY UNDERSTAND AND AGREE THAT HABINATOR, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME STATES, COUNTRIES OR JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HABINATOR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

The Habinator service is used by the User under his/her own liability. The User acknowledges that Habinator does not guarantee uninterrupted or continuous access to the services and is informed that Habinator may have to temporarily interrupt access to the Habinator for technical reasons, in particular in order to ensure the maintenance of the services.

In addition, by using the services, the User acknowledges being informed and accepting the characteristics and limitations of the Internet network (risks of interruption, risks during data transmission, technical performance, etc.). Therefore, to the fullest extent permitted by applicable law, Habinator cannot be held liable for (i) any network malfunction preventing the proper functioning of the service, (ii) any loss of data, (iii) the consequences of any computer virus, and (iv) any damage caused to the user's computer, phone, or device, this list being not exhaustive.

It is specified that Habinator has no obligation to retain health data or to retain them for a specific period of time, subject however to the obligations of Habinator under the related Privacy Policy. Furthermore, Habinator has no influence on the data provided by the User. As such, Habinator shall not be held liable for the accuracy, completeness, correctness, timeliness, quality or absence of error of the data provided by the User or their suitability for specific purposes. To the extent permitted by applicable laws, Habinator will not be liable for any direct or indirect damages, including any loss of data and programs, financial loss, loss of opportunity, loss of interest, loss of profits, damages due to interruption or disruption of business.

Force Majeure

Neither party will be in violation of the Agreement if the failure to perform the obligation is due to an extraordinary event beyond its control, such as significant failure of a part of the power grid, Internet failure, natural disaster, war, riot, epidemic, strikes or labor action, terrorism (“Force Majeure”).

If a Force Majeure event occurs, the Agreement shall be automatically suspended during the time the Force Majeure event continues, and neither Party shall be liable to the other for non-performance or delay in the performance of required obligation(s) due to the Force Majeure event, provided the non-performing Party gives prompt written notice of its inability to perform specified obligation(s) due to the event and uses reasonable efforts to resume its performance of its obligation(s) as soon as possible. Notwithstanding the foregoing, in no event shall a Force Majeure event excuse or delay a Party’s obligation(s) with respect to payments, confidentiality or Intellectual Property Rights.

Indemnification

You agree to hold harmless and indemnify Habinator, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “Habinator and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

Third-Party Content and Service

The Services may include hyperlinks to other web sites, as well as content or resources or email content provided by companies or persons other than Habinator (“Third Party Content”). Habinator has no control over such Third Party Content. You acknowledge and agree that Habinator is not responsible for the availability of any Third Party Content, and does not endorse any advertising, products or other materials on or made available through such Third Party Content. You acknowledge and agree that Habinator is not liable for any loss or damage which may be incurred by you or other users as a result of your use of or reliance upon Third Party Content, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or made available through, such Third Party Content.

The Services incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software. Habinator or it's supplier or distributer will not be responsible for damage, lost of profits or data by the Third Party Software, Service or Software.

If there is a conflict between these terms and the additional terms, the additional terms will supercede these terms. These terms are between you and Habinator. They do not provide any third party beneficiary rights.

Contact and Feedback

You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Habinator under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.

Miscellaneous

These Terms, together with our Privacy Policy and Pricing Terms (and Medical, Healtcarem Health Professionals Agreement, if applicable), constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Habinator to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Habinator must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted here under, whether voluntarily, by operation of law, or otherwise without our prior written consent.

Governing Law and Courts

Laws and courts of your country of residence will apply to any dispute arising out of or relating to these terms. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the district court of Hamburg, Germany, and you and Habinator consent to personal jurisdiction in those courts.

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us.

Version: 1.2 / 1.6.2023

Read here our Privacy Policy.