Terms of Service

Updated: 07/08/206

1. About these terms

These Terms of Use (Terms) govern your use of the Habits for Health mobile application (the App), provided by Wellbeing People Ltd (we, us, our), a company registered in England and Wales (company number 07858207), registered address Woodlands, 25 Caring Lane, Bearsted, Maidstone, Kent, ME14 4NJ.

By creating an account or using the App, you agree to these Terms. If you do not agree, please do not use the App. These Terms should be read together with our Privacy Policy, which explains how we handle your personal data.

2. Eligibility

You must be 18 or over to use the App. We ask for your age when you create your account, and you cannot register if you are under 18.

3. Your account

  • To use the App you must create an account with accurate information and keep it up to date.
  • You are responsible for keeping your login details confidential and for all activity under your account.
  • Tell us promptly at data.protection@wellbeingpeople.com if you believe your account has been accessed without your permission.
  • You choose a display name that is shown to other users on leaderboards and to any administrator at an employer or organisation through which you access the App. You must not choose a display name that is offensive, impersonates another person, or infringes anyone's rights. We may require you to change it.
  • You provide your age, and may optionally provide your gender, which we use to personalise your experience as explained in our Privacy Policy.

4. How you can access the App

There are two ways to access the App.

  • Access Code. You can enter an Access Code provided by an employer or organisation that has bought access for its employees or members. Access through a code lasts for the period the employer or organisation has arranged and may end or need renewing when that period expires. If you hold access through more than one employer or organisation, your access continues until the latest of those periods ends.
  • Individual subscription. You can take out a paid individual subscription (for example a monthly or annual plan). Individual subscriptions are sold through the app stores' in-app purchase systems, Apple in-app purchase and Google Play Billing, and are subject to section 5.

You can hold access through an employer or organisation and an individual subscription at the same time. Your access to the App continues while any of these remains active and ends when the last of them expires.

5. Subscriptions, payment and cancellation

This section applies if you take out a paid individual subscription. If you access the App only through an Access Code, it does not apply to you.

  • How subscriptions are sold. Individual subscriptions are auto-renewable plans offered in the App and sold through Apple in-app purchase or Google Play Billing. Prices are shown in the App before you buy, in your local currency as set by the app store.
  • Payment. Payment is charged to your Apple ID or Google account when you confirm the purchase. We do not capture or store card details in the App; the app store handles payment.
  • Automatic renewal. Your subscription renews automatically for a further period of the same length unless you turn off auto-renewal at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the current period ends.
  • Managing and cancelling. You manage and cancel your subscription through your App Store or Google Play account settings, not from within the App. The App provides Manage Subscription and Restore Purchases options that take you to the relevant store. Cancelling stops future renewals; you keep access until the end of the period you have already paid for.
  • Deleting your account. Deleting your Habits for Health account does not cancel your subscription or stop future charges. To stop being charged, cancel the subscription in your App Store or Google Play account.
  • Refunds. Refunds are handled by Apple or Google under their own policies; we do not process card refunds directly. Except where the law or an app store gives you a right to a refund, payments are non-refundable. Nothing in these Terms affects your statutory rights as a consumer, including any right to cancel within a statutory cooling-off period.
  • Free trials and offers. Where a free trial or introductory offer is made available, any unused portion of a free trial is forfeited when you buy a subscription, where the app store applies this rule.

6. The App is not medical advice

The App is a wellbeing and habit-building tool. It is not a medical device and does not provide medical, clinical, nutritional or other professional advice. Content in the App is general information only.

  • Do not rely on the App as a substitute for advice from a qualified healthcare professional.
  • Always consult an appropriate professional before making significant changes to your diet, exercise, sleep or other aspects of your health, particularly if you have a medical condition.
  • If you think you may have a medical emergency, contact the emergency services.

We do not guarantee any particular health, wellbeing or other outcome from using the App.

7. Acceptable use

You agree not to:

  • use the App for any unlawful purpose or in breach of these Terms;
  • share, sell or misuse access codes, or attempt to gain access you are not entitled to;
  • attempt to access another user's account or data;
  • upload or submit content that is unlawful, offensive, misleading or infringes others' rights;
  • copy, modify, reverse-engineer, or attempt to extract the source code of the App except to the extent the law permits;
  • interfere with, disrupt or attempt to compromise the security or integrity of the App; or
  • use automated means to access or scrape the App.

We may suspend or terminate your access if you break these rules.

8. Content and intellectual property

  • The App, including its content, design, text, graphics, videos, training materials and branding, is owned by us or our licensors and is protected by intellectual property laws. “Habits for Health” is our trade mark.
  • We grant you a limited, personal, non-transferable, revocable licence to use the App for your own personal wellbeing while your access remains valid.
  • You retain ownership of content you submit (such as your display name and quiz responses), and you grant us a licence to use that content as needed to operate the App and provide the service, as described in our Privacy Policy.

9. Third-party services

The App relies on services provided by third parties, including Google (Firebase), the Apple App Store and Google Play. Individual subscriptions are purchased and managed through the app stores' in-app purchase systems, and those purchases are also subject to the app store's own terms. Your use of these services may be subject to their terms. We are not responsible for third-party services we do not control.

10. Availability and changes to the App

  • We aim to keep the App available but do not guarantee it will always be available or uninterrupted. We may carry out maintenance, and we may change, suspend or withdraw features.
  • We may update the App and these Terms from time to time. If we make significant changes to these Terms, we will give you reasonable notice. Continuing to use the App after changes take effect means you accept the updated Terms.

11. Suspending or ending your access

  • You can stop using the App and delete your account at any time (Profile, then Delete account). If you have a subscription, remember to cancel it separately in your App Store or Google Play account (see section 5).
  • We may suspend or end your access if you break these Terms, if the access period arranged by your employer or organisation ends, or if we stop providing the App.
  • Some provisions (including sections 6, 8, 12, 13 and 14) continue to apply after your access ends.

12. Our liability

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded.

Subject to that:

  • the App is provided for general wellbeing purposes, and we are not liable for any decisions you make about your health based on it (see section 6);
  • we are not liable for losses that are not reasonably foreseeable, or for business losses (the App is for personal use); and
  • to the extent permitted by applicable law, our total liability to you arising out of or in connection with the App is limited to the amount you paid for your use of the App, whether to us or through the app stores, in the 12 months before the claim arose (which may be nil if you accessed the App only through an employer or organisation).

Nothing in this section reduces your statutory rights as a consumer, or limits any liability that cannot be limited or excluded under applicable law.

13. Relationship with app store terms

Your licence to use the App is granted under Apple's Licensed Application End User License Agreement for downloads from the App Store, and under Google Play's terms for downloads from Google Play. These Terms govern the Habits for Health service. Where these Terms and that licence agreement conflict in respect of your licence to use the App, that licence agreement prevails. Nothing in these Terms restricts your rights under applicable consumer law.

14. Governing law

These Terms, and any dispute arising out of or in connection with them, are governed by the law of England and Wales, and are subject to the exclusive jurisdiction of the courts of England and Wales. If you live elsewhere in the UK, you may also bring proceedings in your local courts.

15. Contact

Wellbeing People Ltd, Woodlands, 25 Caring Lane, Bearsted, Maidstone, Kent, ME14 4NJ. Email: data.protection@wellbeingpeople.com.

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