📋 Terms of Service

1. General Provisions

HabitWins is a web application for habit building, provided by:

CraftTechLabs
ul. Wojska Polskiego
46-380 Dobrodzien, Poland
Email: hello@habitwins.app

By using the application, you accept these Terms of Service and the Privacy Policy.

2. Definitions

• Application/Service: HabitWins available at habitwins.app
• User: a person using the application, both with a registered account and in DEMO mode (without registration)
• Account: individual user profile in the system (requires registration)
• DEMO Mode: using the application without registration, with certain limitations (data stored locally in browser)
• Habit: regular activity tracked in the application
• Contract: commitment to practice a habit for a specific period with personal goals
• Session: single habit practice with recorded time/count
• Self-Rewards: User's private notes about rewards for themselves - the application does NOT offer, provide, or guarantee any rewards

3. Age Requirements

• Minimum age: 18 years old (legal age of majority)
• Verification: mandatory confirmation of legal age (checkbox during registration)
• Email registration: checkboxes displayed on registration form
• Google OAuth registration: checkboxes displayed AFTER Google authorization
• Automatic deletion: accounts without required consents checked (age 18+, terms, privacy policy)

Liability for False Declaration:

• Truthfulness: by checking the "I am 18 years or older" checkbox, you are making a legally binding declaration
• Criminal liability: false declaration may result in criminal liability under Polish law
• Civil liability: parents/guardians are liable for damages caused by minors
• Immediate deletion: detection of underage use results in immediate account deletion without appeal
• Reporting to authorities: CraftTechLabs reserves the right to report cases of false declarations to relevant authorities

4. Registration and Account

Registration requirements:

• Accurate information: providing a real email address
• Age confirmation: checking the "I am 18 years or older" checkbox
• Terms acceptance: agreement to terms of service and privacy policy
• Unique username: username not duplicating other users
• Strong password: minimum 8 characters with various types
• Email verification: confirmation via activation link

User obligations:

• Password protection: maintaining confidentiality of login credentials
• Data updates: keeping information current
• Notification: immediate reporting of security breaches
• Responsibility: for all actions on the account

4a. DEMO Mode (without registration)

Ability to use without registration with limitations

DEMO Mode Characteristics:

• No registration: ability to use without providing email and creating an account
• Local storage: data stored EXCLUSIVELY in User's browser (localStorage)
• No synchronization: data is not sent to CraftTechLabs server
• Device-specific: data accessible only on the same device and browser

DEMO Mode Limitations:

• No backup: CraftTechLabs does not create backups of DEMO data
• Data loss: clearing cookies/localStorage = permanent loss of all data
• No recovery: ZERO possibility of recovering DEMO data by CraftTechLabs
• No synchronization: data is not available on other devices
• Limited functionality: some features may be unavailable in DEMO mode

Liability in DEMO Mode:

• ZERO warranties: DEMO mode provided "as-is" without any warranties
• Own risk: User bears full risk of data loss
• No support: we do not guarantee technical support for DEMO mode

Purpose of DEMO Mode:

• Testing application: DEMO mode serves EXCLUSIVELY to test functionality before registration
• Test data: data created in DEMO mode is treated as test data, not production data
• No data transfer: data from DEMO mode is NOT transferred to full account after registration
• Fresh start: after registration, User starts with a clean account

5. Usage Rules

Permitted actions:

• Habit tracking: recording practice sessions
• Creating contracts: setting OWN goals and self-rewards (application does not offer rewards)
• Viewing statistics: analyzing progress
• Personalization: customizing application settings

Prohibited actions:

• Data falsification: manipulation of session time or statistics
• Account sharing: login by other persons
• Automation: use of bots or scripts
• Reverse engineering: attempts to break security
• Spam: mass account creation or abuse
• Rights violations: actions contrary to law

5a. Health and Fitness Disclaimers

IMPORTANT: Read carefully before using Sport and Health categories

No Medical Advice:

• We do not replace a doctor: the application does not provide medical, diagnostic, or therapeutic advice
• Consult with a doctor: before starting any exercise program, consult with a doctor
• Own risk: using Sport, Health, Music (instrument) categories at your own responsibility
• Stop if pain: immediately stop exercise in case of pain, dizziness, or discomfort

Injury Risk:

• Potential injuries: any physical activity carries risk of injury, including: sprains, muscle tears, fractures, heart problems
• Serious hazards: improper exercise may lead to serious injuries, including heart attack or stroke
• No liability: CraftTechLabs is not liable for any injuries resulting from using the application

User Declaration:

By using the HabitWins application, you declare that:

• You are healthy: you have no medical contraindications to physical activity
• You have consulted: in case of doubt, you have consulted with a doctor before starting exercise
• You know your limitations: you will exercise according to your capabilities
• You accept the risk: you fully accept the risk associated with physical activity
• You waive claims: you waive all claims against CraftTechLabs for injuries resulting from using the application

6. Habits and Contracts System

Tracking rules:

• Own daily goal: each contract has individually set goal (default 3 minutes for time-based habits, but user can set any time - even 1 minute)
• No minimum time: application accepts sessions from 1 minute up - there is no "too short" session
• Tracking types: time (stopwatch), count (counter), checkbox (yes/no)
• Multi-sessions: possibility of multiple daily sessions - time sums up to total daily progress
• Progress visualization: application visualizes progress on interactive maps with progress bar (tier-low → tier-ok → tier-good → tier-great → tier-master)
• 4-star system: dynamic, based on daily_goal of each contract (1⭐ = 1x goal, 2⭐ = 3.33x goal, 3⭐ = 10x goal, 4⭐ = 20x goal)
• Own contract rules: user can set own completion conditions (e.g., "minimum 5 days per week", "any frequency", etc.)

IMPORTANT: Self-Reward System:

• Zero offer from developer: application does NOT offer, provide, or guarantee any rewards
• Private commitment: rewards are EXCLUSIVELY User's private declaration to themselves
• Self-fulfillment: User decides whether and when to reward themselves
• Application = tool: we only record User's declarations, we do not participate in fulfillment
• No liability: CraftTechLabs has no influence or liability for User's self-rewards

7. Service Availability

Availability efforts:

• Goal (not guarantee): we strive for 99% uptime, but this is an ASPIRATION, not an SLA guarantee
• No SLA: we do not offer Service Level Agreement - availability on "best effort" basis
• Maintenance: planned breaks with minimum 24h email notification (if possible)
• Outages: repairs on best-effort basis, without guaranteed resolution time
• Backups: we make daily backups, but do not guarantee their effectiveness (see section 10)
• No liability: zero financial liability for service unavailability, lost data, or inability to use

Right to changes and feature removal:

• Any changes: we may at any time modify, suspend, or remove any application feature
• No notification: we do not have to inform about changes (but we try to)
• No compensation: for feature removal, interface changes, or application behavior modifications
• Beta features: new features may be experimental and may be removed without warning

7a. Right to Terminate Service (Service Termination)

IMPORTANT: CraftTechLabs reserves the right to terminate the application at any time.

Entire service shutdown:

• Right to shutdown: we may completely shut down HabitWins application at any time for any reason (or without stating a reason)
• Notification: minimum 30 calendar days before shutdown (email to all users)
• Data export: during notice period we will provide data export function (JSON)
• No extension: after 30 days, application will be shut down without possibility of extension

Removal from Google Play / App Store:

• Right to remove: we may remove the application from Google Play, App Store, or other platforms at any time
• Web app continues: web application (habitwins.app) may continue working even after removal from stores
• Or vice versa: we may shut down web app but leave mobile version (or vice versa)
• No compensation: for removal from platform or availability change

Refunds in case of shutdown (future payments):

• Free application: currently the application is free - no refunds
• Future premium (if any): proportional refund of unused subscription period
• Refund calculation: (subscription price / days in period) × unused days
• No refund for: "lost data", "emotional damages", "lost time", or "inability to continue habits"
• Maximum refund: exclusively the amount of unused subscription (if paid)

What happens to data after shutdown:

• 30 days for export: notice period is User's time to download data
• Deletion after 30 days: all user data will be permanently deleted
• Backup grace period: we may keep backups for additional 30 days (total 60 days), but without access guarantee
• No recovery: after 60 days, data is irreversibly deleted - ZERO possibility of recovery

Shutdown reasons (examples):

We may shut down the application for reasons such as (non-exhaustive list):

• Business: unprofitability, lack of time, business direction change
• Technical: inability to maintain infrastructure, hosting problems
• Legal: law changes, regulations, authorities' demands
• No reason: we may shut down the application without stating a reason

8. Intellectual Property

CraftTechLabs rights:

• Application code: copyright CraftTechLabs
• Design and UI: protected by copyright
• HabitWins brand: reserved name
• Algorithms: statistics calculation methods

User rights:

• User data: User retains rights to their data
• Data export: possibility to download in JSON format
• Usage license: non-exclusive, non-transferable

9. Payments and Future Premium Features

Current model:

• Free application: all basic features free
• No hidden costs: transparent model

Planned premium features:

• Advanced statistics: detailed analyses
• Premium export: PDF reports, integrations
• Additional categories: specialized habits
• Priority support: faster service

Payment terms (future):

• Processors: Stripe, PayPal, or similar
• Subscriptions: monthly or annual
• Cancellation: at any time
• Refunds: according to payment processor policy

10. Liability and Warranties

"AS-IS" Disclaimers:

• "As-is" basis: application delivered in current state without any warranties
• No warranties: for functionality, availability, data accuracy, or results
• Personal use: application does not replace medical, legal, or financial advice
• Own risk: all actions in the application are taken at your own responsibility
• No results guarantee: we do not guarantee that the application will help in building habits

Disclaimer of Liability for Data:

• ZERO WARRANTY: we do not guarantee integrity, availability, or security of data
• Data loss: we are not liable for loss of habit data, sessions, or statistics
• Backups: making backups is your responsibility (export function available)
• Outages: we are not liable for damages resulting from server failure, application errors, or cyber attacks
• Third parties: we are not liable for actions of third-party services (Google OAuth, hosting, email)

Disclaimer of Liability for Content:

• User content: we are not liable for reward photos, contract descriptions, or other content uploaded by users
• Rights violations: user is responsible for copyright, trademark, or third-party privacy violations
• Moderation: we have no obligation to check all content before publication

Liability:

• General principle: CraftTechLabs is liable for damages on general principles resulting from provisions of the Civil Code
• Free service: application is provided as a free "as-is" service - you use at your own risk
• No warranties: we do not guarantee availability, data integrity, information accuracy, or specific results
• Force majeure: we are not liable for consequences of events beyond our control
• Mandatory law: none of the above provisions excludes or limits our liability in a manner contrary to mandatory law provisions

Disclaimer of Liability for Self-Rewards:

• ZERO promises from developer: application does NOT promise, offer, or provide any rewards
• Only self-tracking tool: HabitWins is ONLY a tool for recording User's private declarations
• Self-reward system: rewards are EXCLUSIVELY User's private declaration to themselves
• Zero developer influence: CraftTechLabs has no influence, control, or liability for fulfillment of User's self-rewards
• No claims: User cannot make claims for "unreceived rewards", "unfulfilled promises", or "lack of motivation"
• Example: if User enters "Pizza as weekly reward" - this is User's private note, not a promise from CraftTechLabs

10a. Indemnification and Cost Coverage

User agrees to indemnify, defend, and hold harmless CraftTechLabs from:

Scope of Indemnification:

• Third-party claims: any claims, lawsuits, demands from third parties arising from User's use of the application
• Terms violation: damages resulting from User's violation of these terms
• Rights violation: violation of copyright, trademark, privacy, or other third-party rights
• Illegal actions: any illegal actions taken by User in the application
• User content: content uploaded by User (reward photos, descriptions, data)

Scope of Cost Coverage:

• Legal costs: all legal service costs, including attorney fees
• Court costs: court fees, proceeding costs, expert costs
• Settlements: settlement costs entered into by CraftTechLabs with third parties
• Damages: any damages awarded against CraftTechLabs
• Additional costs: consulting costs, travel costs, expert consultations

Procedure:

• Notification: CraftTechLabs will notify User promptly about the claim
• Cooperation: User is obliged to cooperate in defense against the claim
• Defense control: CraftTechLabs retains the right to control defense and settlement
• Settlement refusal: User cannot enter into settlement without CraftTechLabs' written consent

Example Situations:

• Copyright: User uploads copyrighted image as reward → author sues CraftTechLabs → User covers costs
• Privacy: User posts someone's photo without consent → person sues → User covers costs
• False data: User provides false age → parents sue → User covers costs
• Spam: User mass spams other users → legal complaints → User covers costs

11. Moderation and Sanctions

Moderation actions:

• Warning: for minor violations
• Temporary ban: 7-30 days
• Permanent ban: for serious violations
• Data deletion: in extreme cases

Appeals:

• Contact email: hello@habitwins.app
• Processing time: 7 business days
• One chance: appeal possible once per violation

Protection Against Abuse (Vexatious Users):

• Report spam: multiple unfounded reports, appeals, or complaints
• Support spam: excessive support contacts (>10 emails/day)
• Legal threats: unfounded threats of lawsuits or "reporting to authorities"
• Right to refuse: CraftTechLabs reserves the right to refuse service to users abusing the system
• Legal costs: in case of unfounded lawsuits, user covers our legal costs according to section 10a

12. Account Deletion

By user:

• Self-service: option in account settings
• Double confirmation: protection against accidental deletion
• Immediate: data anonymized within 24h (GDPR-compliant - irreversible anonymization = deletion)

By administrator:

• Terms violation: after warnings
• Illegal activity: immediate deletion
• Inactivity: no login within 365 days - developer has the right to delete the account and all user data

13. Terms Changes

• Notification: email 30 days before taking effect
• Publication: new version at habitwins.app/terms
• Acceptance: continued use = acceptance of changes
• Disagreement: right to delete account
• Version history: available on request

14. Dispute Resolution

Step 1: Direct Contact (MANDATORY):

• Before any legal action: you must contact us at hello@habitwins.app
• Problem description: detailed description of dispute with reference numbers, dates, screenshots
• Processing time: 30 business days to review your submission
• Good faith effort: both parties commit to honest attempts to resolve the dispute

Step 2: Mediation (MANDATORY before court):

• Mandatory mediation: if direct contact does not resolve dispute, MANDATORY mediation
• Mediation costs: split equally between parties
• Mediator selection: from Arbitration Court at KIG list
• Duration: maximum 60 days for mediation process
• Binding decision: mediator's decision is binding for dispute values up to 500 PLN

Step 3: Arbitration (for disputes >500 PLN):

• Arbitration instead of court: for disputes above 500 PLN, preferred arbitration
• Arbitration Court: at National Chamber of Commerce in Poland
• One arbitrator: chosen jointly by parties (in case of disagreement - by KIG)
• Seat: Dobrodzien, Poland
• Language: Polish
• Polish law: applicable provisions
• Binding arbitration: arbitrator's decision is final and binding
• Costs: losing party covers 100% of arbitration costs

Step 4: Court Proceedings (last resort):

• Only after mediation/arbitration: you cannot sue without completing steps 1-2 (or 1-3)
• Competent court: District Court for CraftTechLabs seat (Dobrodzien, Poland)
• Polish law: exclusively Polish substantive law
• EU consumers: retain protection under EU consumer directive

Statute of Limitations:

• 6 months: all claims expire 6 months after event occurrence
• Account termination: after account deletion - 30 days to submit claim
• Exceptions: GDPR data breach - 2 years according to EU law
• No limitation: for CraftTechLabs claims against user (e.g., indemnification)

Waiver of Class Actions:

• No class action: you agree not to participate in class actions against CraftTechLabs
• Individual disputes: each dispute must be resolved individually
• EU exceptions: EU consumers retain rights under local law

15. Final Provisions

• Severability: invalidity of one point does not affect the rest
• Assignment: rights can be transferred with notification
• Entire agreement: terms of service and privacy policy
• Languages: Polish version is binding
• Contact: hello@habitwins.app for all matters

16. Contact Information

CraftTechLabs
ul. Wojska Polskiego
46-380 Dobrodzien, Poland

Email: hello@habitwins.app
Website: habitwins.app

Response time: 72 hours on business days
Service language: Polish, English