Terms of Use "HabitFinch"
1. Introduction
1.1 Moritz von Tucher (Mühlenstraße 19, 33607 Bielefeld, Germany; hereinafter “Provider”) provides the mobile application “HabitFinch”, an app that aims to help users of the app to develop new habits and analyse existing behavioural patterns. The app combines personal behavioural data with information from Apple HealthKit to assess the impact of daily routines, physical activity and other health data on habitual behaviour. In this way, the app aims to enable users to make better informed decisions about their health and lifestyle goals.
1.2 The app is available to download free of charge from the Apple Inc. app store.
1.3 The following terms of use regulate the legal framework for the use of HabitFinch.
2. Scope of application
The app is aimed exclusively at private customers. The use of the app is only permitted for the user’s own (private) purposes, whereby own purposes do not cover the provision of commercial services for others using the app without the provider’s separate consent.
3. Use of the app, system requirements
3.1 The app can be used without registering.
3.2 To access the app, the user requires a suitable mobile device and an internet connection. Before downloading the app, the user should familiarize himself with whether its mobile device meets the system requirements.
3.3 The user shall observe any notices and instructions with regard to the use of the app, in particular safety instructions. Failure to do so may result in risks and disadvantages.
3.4 Should any problems, errors or discrepancies arise when using the app, the user shall inform the provider immediately. At the provider’s request, the user shall specify the problem and support the provider in analysing the problem.
3.5 The user is obliged to install the software-related updates recommended by the provider, provided that this does not fundamentally change the content of the app. The user will be informed of new updates as soon as the provider makes them available and the user connects the app to the Internet.
4. Functionality
The scope of the app’s functions depends on whether the user uses the app in the free version (see section 5) or has subscribed the premium version (see section 6). While the scope of functions is partially limited in the free version, the purchase of the premium version gives the user access to additional functions for the agreed period of use.
5. Free version of the app
The free version of the app offers users the following functions:
- Habit development: the user can define and track up to four habits by setting daily goals. The defined habits can also be retroactively marked as completed or not completed for the previous days. Once a habit has been defined, the user can archive and delete it. However, archived and deleted habits cannot be restored.
- Analysis of influencing factors: The app analyses the effects of the recorded habits on personal well-being. This includes both positive and negative influences on daily life. In the free version, the user is only provided with this analysis for the habit defined first. If this habit has been archived or deleted in the meantime, the analysis is made available for the habit that was created next.
- HealthKit integration: HabitFinch integrates seamlessly with Apple HealthKit to collect data such as sleep patterns, workouts, step count, etc. This data is used to understand the relationship between health data and set habits.
6. Premium subscription
6.1 The user has the option of using and activating additional functions that go beyond the functions of the free version. For example, the premium subscription allows the user to define and track an unlimited number of habits and restore archived habits. In addition, the premium version of the app shows the user an analysis of the influencing factors for all defined habits. The individual additional functions available are displayed in the app.
6.2 With regard to the premium subscription, the prices displayed to the user in the app apply. Payment is processed directly via the operator of the app store or the stored user account.
7. Scope of the rights of use and restrictions on use
7.1 The software on which the app and the various functions accessible via the app are based, as well as the content displayed in the app, are protected by copyright. These copyrights are held by the provider or its partners. The user is obliged to observe the copyright provisions. Any use that goes beyond the normal use of the app is prohibited. In particular, the user is not permitted to make copies for third parties or to modify the software.
7.2 The provider grants the user the non-exclusive and non-transferable right to use the app for the purpose of monitoring and analysing the user’s habits. The right of use also extends to all software updates provided by the provider.
7.3 Otherwise, the user is only entitled to reproduce, edit or decompile the software if this is permitted by law in accordance with Sections 69d and 69e German Act on Copyright and Related Rights.
8. Warranty and liability
8.1 The provider does not guarantee that the app meets the needs of the user. The user is solely responsible for the content that the user uploads within the app and the accuracy of the information.
8.2 The provider and the user are liable with regard to the use of the app in accordance with the general statutory provisions, unless otherwise stated in the following provisions.
8.3 If the app is used in the free version, the provider is only liable for intent and gross negligence; any liability for slight negligence is excluded.
8.4 In the case of the use of paid services, the provider is liable without limitation for intent and gross negligence. In the case of slight negligence, the provider is only liable if an obligation is breached, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation); otherwise liability for slight negligence is excluded altogether. Insofar as liability for slight negligence exists, this liability shall be limited to the foreseeable damage typical for the contract and in accordance with the further provisions.
8.5 The liability of the provider for indirect damages and consequential damages is excluded.
8.6 The above limitation of liability shall not apply in the event of injury to life, limb or health or in the event of claims under the German Act on Liability for Defective Products (ProdHaftG) or the General Data Protection Regulation (GDPR). Liability for fraudulently concealed defects and within the scope of guarantees assumed by the provider remains unaffected. In this respect, it is clarified that the provider does not assume any guarantees.
8.7 The user shall indemnify the provider against all damages and claims of third parties that are based on unlawful use of the app and/or on a culpable breach of these terms of use. The above claim also extends to necessary costs and expenses associated with the claim or defence against it.
9. Renewal of the premium subscription, termination
9.1 If the paid subscription is not cancelled 24 hours before the end of the agreed minimum term, the subscription is extended indefinitely. The user has the option of cancelling the subscription with 24 hours’ notice to the end of the monthly billing period.
9.2 Cancellation must be made via the app store. Please note that deleting the app does not automatically cancel the subscription.
9.3 The right of both parties to extraordinary termination remains unaffected.
9.4 When the Premium subscription expires, the right to use the respective functions expires. The respective functions will be blocked for the user. However, the user has the option of continuing to use the app in the free version.
10. Right of withdrawal
As a consumer, the user has the following right of withdrawal when subscribing to the premium version of the app:
Instruction on the right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise the right to cancel, you must inform us (Moritz Tucher, Mühlenstraße 19, 33607 Bielefeld, Email: info@habitfinch.app) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
If you have requested that the services should commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
Expiration of the right of withdrawal
In the case of a contract for the provision of services, the right of withdrawal shall also expire if we have provided the service in full and have only begun to provide the service after you have given your express consent to this and you have simultaneously confirmed your knowledge that you will lose your right of revocation upon complete fulfilment of the contract by us.
In the case of a contract for the delivery of digital content that is not on a physical data carrier, the right of withdrawal also expires if we have started to execute the contract after you have given
In the case of a contract for the delivery of digital content that is not on a physical data carrier, the right of withdrawal also expires if we have started to execute the contract after you have given your express consent and you have simultaneously confirmed your knowledge that you lose your right of revocation upon commencement of the execution of the contract.
11. Data protection
The protection of user data is particularly important to the provider. Details on the collection, processing and use of personal data by the provider can be found in the data protection information, which is available online and/or stored or linked in the app.
12. Modifications and amendments
The provider is entitled to unilaterally change the app if this is necessary to protect the legitimate interests of the provider, in particular to comply with legal requirements or when introducing new functions of the app.
13. Requests
All user requests relating to the app should be sent to the following address: info@habitfinch.app.
14. Platform for online dispute resolution
14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link:https://ec.europa.eu/consumers/odr/ . This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
14.2 The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
15. Final provisions
15.1 The contract language is German. If the text of the contract is made available in another language version, the German version shall prevail.
15.2 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The applicability of mandatory standards of the country in which the user has his habitual residence at the time of conclusion of the contract remains unaffected by this choice of law.
15.3 These terms of use are stored in the app. They can also be found on the website https://habitfinch.app/terms-and-conditions/, where they are available for permanent download.
15.4 The place of jurisdiction is Bielefeld, Germany, if the user has no general place of jurisdiction in the Federal Republic of Germany.
15.5 Should individual provisions of these terms of use be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of this contract.
Status: September 2024