Habivas Terms of Service

These Terms apply to all relationships between the User and the provider of the App (the “Operator”) relating to use of the App.

1. 1.The Operator is a sole proprietor that is legally independent of Gartner, Inc. and its affiliates.
2. 2.The Operator does not use any assets of Gartner, including its trademarks, logos, research, databases or proprietary environments.
3. 3.The Operator will not disclose to any third party any non-public information learned while employed at Gartner, in accordance with its confidentiality obligations.

1. 1.The App may be used in “offline mode” within the local environment of your device, without account registration (sign-in).
2. 2.To use data synchronisation across multiple devices or automatic cloud backup, the User shall register an account using an email address and password (via Firebase Authentication).
3. 3.The User shall manage their account credentials appropriately at their own responsibility, and shall not allow any third party to use them, nor lend, transfer or otherwise dispose of them.

All features of the App — habit creation, recording, statistics, the share feature, cloud synchronisation and so on — are currently provided free of charge.

1. 1.Offline-first: as a rule, the App stores data using your device (local storage) as the single source of truth.
2. 2.Cloud sync: data belonging to users who have registered an account is securely synchronised to a database in the cloud (Google Cloud Platform).
3. 3.Export: the User may export their own data in JSON or CSV format from the settings screen in the App.
4. 4.Disclaimer regarding data loss: the Operator accepts no liability whatsoever for loss of data caused by deletion of local storage, system failure, device failure, uninstallation of the App or similar causes. To preserve your data reliably, we recommend regular manual exports and use of cloud synchronisation.

1. 1.The App provides features for generating images (share cards) and monthly Wrap summaries, for sharing the User’s habit records on social media and similar services.
2. 2.Where a photo held on your device is used as the background of a share card, image generation is performed locally on your device.
3. 3.Where the User shares information to an external service such as social media through the App, the User bears sole responsibility for the content shared. Please take care to avoid unintentionally sharing personal or confidential information.

The User shall not engage in any of the following in connection with use of the App.

• Conduct that violates laws or public order and morals
• Conduct connected with criminal activity
• Conduct that destroys or interferes with the functioning of the servers or network of the App
• Conduct that may interfere with the operation of the App’s service
• Collecting or accumulating personal information relating to other users
• Gaining or attempting to gain unauthorised access
• Impersonating another user
• Any other conduct that the Operator deems inappropriate

1. 1.The Operator may suspend or interrupt provision of all or part of the App without prior notice to the User where it determines that any of the following applies:
   • Where maintenance, inspection or updating of the computer system relating to the App is carried out
   • Where provision of the App becomes difficult due to force majeure such as earthquake, lightning, fire, power failure or natural disaster
   • Where computers or communication lines are stopped due to an accident
   • Where the Operator otherwise determines that provision of the App is difficult
2. 2.The Operator accepts no liability whatsoever for any disadvantage or damage suffered by the User or by any third party as a result of the suspension or interruption of provision of the App.

1. 1.The Operator makes no warranty, express or implied, that the App is free from defects in fact or in law — including defects, errors or bugs relating to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose or security, and including infringement of rights.
2. 2.The Operator accepts no liability whatsoever for any damage arising to the User out of the App.

The Operator may change these Terms at any time without notice to Users where it determines this to be necessary. If a User begins using the App after these Terms have been changed, that User shall be deemed to have agreed to the changed Terms.

In connection with use of the App, the User represents and warrants, in respect of the past, the present and the future, that:

• they are not an anti-social force;
• they will not engage in violent demands, or improper demands exceeding legal responsibility;
• they will not use deception or force to obstruct the other party’s business or to damage its credit; and
• they will not provide funds or benefits to anti-social forces.

If it becomes apparent that any of the above has been breached, or a breach is confirmed, the Operator may take the following measures.

1. 1.Immediate termination of the usage agreement: the Operator may terminate the agreement immediately, without notice or demand.
2. 2.Suspension of use of the service: the Operator may freeze the account or impose access restrictions.
3. 3.Claim for damages: the Operator may claim compensation for damage arising from termination or from any related measure.

These Terms shall be governed by and construed in accordance with Japanese law. In the event of a dispute relating to the App, the court having jurisdiction over the location of the Operator shall have exclusive agreed jurisdiction as the court of first instance.