Next Habit Terms of Service / User Policy

Important Note: These Terms of Service are in addition to, and do not replace, Apple's standard Licensed Application End User License Agreement (EULA) for iOS users or Google Play's Terms of Service for Android users. By using the Next Habit app, you agree to be bound by the following terms and conditions, as well as the applicable platform-specific terms:

• For iOS users: Apple's standard Licensed Application End User License Agreement (EULA)
• For Android users: Google Play's Terms of Service

By using the Next Habit app ("the Licensed Application"), you agree to the following terms and conditions:

1. License and Restrictions: The Next Habit app is licensed, not sold, to you by Next Habit (the "Licensor") for use strictly in accordance with the terms of this license. Your license to use the app is limited to Apple-branded products or Android devices that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service or Google Play Terms of Service, as applicable. 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 copy, 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.
2. Content Responsibility and License
   1. Ownership of User Content: You retain ownership of all content and information that you upload, post, or share through the Next Habit app ("User Content"), including but not limited to photos, text, and videos.
   2. License Grant: By uploading, posting, or otherwise transmitting User Content on or through the Next Habit app, you grant Next Habit a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with the provision, operation, and promotion of the Next Habit services. This includes, without limitation, the right to display your User Content on other users' feeds, on public feeds on our website, and in other promotional materials, subject to your chosen visibility settings.
   3. Visibility Settings: You have control over the visibility of your User Content through the settings provided in the app:
      • Private Content: Content marked as private will not be shared publicly or displayed to other users without your explicit consent, except as necessary for the operation of the service.
      • Shared Content: Content you choose to share publicly may be viewed and accessed by other users and may be displayed on public feeds.
   4. Your Responsibilities: You are responsible for ensuring that:
      • You have all the necessary rights and permissions to grant the above license to Next Habit.
      • Your User Content does not violate any laws, infringe upon any third-party rights, or breach any of these terms.
3. Content Removal: Next Habit reserves the right to remove any content that it deems inappropriate or in violation of these terms of use.
4. Non-Endorsement: Next Habit does not endorse any content or information uploaded, posted, or shared by users and is not responsible for any errors or omissions in such content or information.
5. Account Termination: Next Habit reserves the right to terminate your account and access to the app at any time, without notice, for any reason, including but not limited to violation of these terms of use.
6. Data Usage: You agree that Next Habit may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Next Habit may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
7. External Services: The Licensed Application may enable access to Next Habit's and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Next Habit is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services.
8. Disclaimer of Warranty: Your use of the Next Habit app is at your own risk. To the maximum extent permitted by applicable law, the Licensed Application and any services performed or provided by the Licensed Application are provided "AS IS" and "AS AVAILABLE," with all faults and without warranty of any kind. Next Habit disclaims all warranties and conditions with respect to the Licensed Application and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights. Next Habit does not warrant that the functions contained in or services performed or provided by the Licensed Application will meet your requirements, that the operation of the Licensed Application will be uninterrupted or error-free, or that defects in the Licensed Application will be corrected.
9. Limitation of Liability: To the extent not prohibited by law, in no event shall Next Habit be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Next Habit has been advised of the possibility of such damages. In no event shall Next Habit's total liability to you for all damages exceed the amount of fifty dollars ($50.00).
10. Governing Law: These terms of use and any disputes arising out of or related to them will be governed by the laws of New Zealand, without regard to its conflict of laws provisions.
11. Privacy: By using the Next Habit app, you consent to the collection and use of your personal information in accordance with Next Habit's Privacy Policy.
12. Export Compliance: You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained.
13. Modifications to Terms: Next Habit reserves the right to modify or replace these Terms of Service at any time. We will provide notice of any significant changes by posting the new Terms of Service on this page and updating the "Last updated" date at the bottom of this page. Your continued use of the app after any such changes constitutes your acceptance of the new Terms of Service. It is your responsibility to review these Terms of Service periodically for changes. If you do not agree to any of this agreement or any changes to this agreement, do not use, access or continue to access the app or discontinue any use of the app immediately.
14. Complete Agreement: These terms of use, together with the applicable platform-specific terms (Apple's EULA for iOS users or Google Play's Terms of Service for Android users), constitute the entire agreement between you and Next Habit regarding the use of the app and supersede any prior agreements between you and Next Habit relating to the Licensed Application.

By using the Next Habit app, you acknowledge that you have read and understand these terms of use and agree to be bound by them. These terms apply in addition Apple's standard Licensed Application End User License Agreement (EULA) for iOS users or Google Play's Terms of Service for Android users, as applicable.

Last updated: 7 November 2024