+ This Privacy Policy applies when you interact with us through Habitica.com (the “Site”), our mobile apps, and/or through any other feature or service owned or controlled by HabitRPG, Inc. ("HabitRPG", "we", or "us") that posts, links to, or references this Privacy Policy (collectively, the "Service(s)"). This Privacy Policy informs you of our practices regarding the collection, use, and disclosure of personal information we receive from users of our Services. By accessing or using the Services, you consent to our Privacy Policy and our collection, use, and disclosure of your information as described in this policy, our Terms of Use, and any additional policies and terms you may agree to in connection with the Services. +
++ We and our third-party service providers and business partners may collect information from you directly and/or automatically when you visit the Site or use the Services. We and our third-party service providers may also collect information about you from third parties. Some of this information may be considered "personal information" or "personal data" under applicable laws (collectively, “personal information”). We consider information that identifies you as a specific, identified individual (such as your name, phone number, and email address) to be personal information. We also, where required by applicable law, consider additional types of identifying data, like IP addresses and cookie identifiers, to be personal information. +
++ We may, in accordance with applicable law, take your personal information and de-identify or pseudonymize it to make it non-personally identifiable, either by combining it with information about other individuals and/or by hashing the information or otherwise removing characteristics that make the information personally identifiable. We maintain and use de-identified or pseudonymized data without attempting to re-identify it, except where permitted by applicable law, such as to determine whether our de-identification processes satisfy legal requirements. We will treat de-identified or pseudonymized information as non-personal to the fullest extent allowed by applicable law. +
++ We may collect the following categories of personal information from or about you: +
++ Identifiers and Contact Information. This category includes names, addresses, telephone numbers, mobile numbers, email addresses, signatures, account names, dates of birth, bank account information, and other similar contact information and identifiers. +
++ Commercial Information. This category includes, without limitation, products and services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. +
++ Internet or Other Electronic Network Activity Information. This category includes, without limitation, browsing history, search history, or a consumer’s interactions with a website, application, or advertisement. +
++ Geolocation Data. This category includes, without limitation, location information collected when using our Services. +
++ Sensitive Personal Information. This category includes: +
++ We may ask you to provide certain personal information when you use the Services. This information may include contact information (such as your name and email), account information (such as your email address and, if you choose to log in through Google or Apple, the associated user ID and email address), transaction information (such as your billing address and mailing address), or user content you choose to upload (such as photos and task lists). Note that all payments are handled by our third-party payment providers who may collect relevant information in order to complete your transaction (such as your payment card, billing address, and phone number). Our current providers are Apple, Google, PayPal, and Stripe. We encourage you to review their respective privacy policies for additional information regarding their privacy practices. +
++ We may also ask you to provide the contact information of another individual, such as when you invite another user to the Services. By providing us this information, you represent to us that you do so with the consent of the individual to whom it relates. We will only use this information for the specific reason for which it was provided. +
++ We and third-party companies and business partners may use a variety of technologies, including, without limitation, cookies, pixels, embedded scripts, and session events (collectively, “cookies”) that automatically or passively collect certain information whenever you visit our Site, use our Services, or otherwise interact with us or our content (“Usage Information”). Usage Information may include the hardware model, browser, and operating system you are using, the URL or advertisement that referred you to the Site you are visiting or Service you are using, all of the areas within the Site that you visit or Services that you use, your time zone, non-precise location information, and mobile network (if applicable), among other information. In addition, we automatically collect your IP address or other unique identifier ("Device Identifier") for any computer, mobile phone or other device you use to access our Services. In some cases, we may directly collect location information through your device. You may be able to turn off the collection of location information through the settings on your device. Usage Information is generally non-identifying, but if HabitRPG associates it with you as a specific and identifiable person, HabitRPG treats it as personal information. +
++ The Site uses essential, functional, and performance cookies to function and perform as designed; analytics cookies to understand how you use the Site, improve its functionality, and other related purposes; and advertising cookies to help us with our advertising and marketing activities. We and our third-party partners and service providers may collect and track information about your online activities over time and across different websites, applications, and devices. +
++ We use Google Analytics, a service which uses cookies to collect and analyze data about the use of the Services and report on activities and trends. This service may also collect data about the use of other websites, apps, and online services. You can learn about Google's practices, and opt out of them, by downloading the Google Analytics opt-out browser add-on. +
++ You may control cookies, including preventing or stopping the installation and storage of cookies, through your browser settings and other tools. Most browsers will allow you to block or refuse cookies. However, you may need to manually adjust your preferences each time you visit a site. For more information, see the Help section of your browser. Please note that if you block certain cookies, some of the services and functionalities of our Site may not work. +
++ IMPORTANT: BY USING THE SITE, YOU CONSENT TO THE PROCESSING OF ANY PERSONAL INFORMATION FOR THE PURPOSES AND FUNCTIONS DESCRIBED ABOVE. +
++ “Do Not Track” is a privacy preference that you can set in your Internet search browser that sends a signal to a website that you do not want the website operator to track certain browsing information about you. However, because our Site is not configured to detect Do Not Track signals from a user’s computer, we are unable to respond to Do Not Track requests. +
++ We do not collect your precise location. However, please note that we may still be able to collect or infer your approximate location through other information we collect, such as IP address. In addition, some mobile service providers may also provide us or our third-party service providers with information regarding the non-precise physical location of the device you use to access our Services. +
++ We may receive information about you from third parties. For example, you may have the opportunity to log in through or otherwise connect your Apple and Google accounts. Additionally, when you interact with us through social media, you will be choosing to share information about your interactions with HabitRPG with that social media service. +
++ The following chart sets out by category the personal information we may collect ("Category"), the purposes for which we may collect it ("A. Purposes"), the categories of third parties to which we may disclose it for business purposes ("B. Disclosed To"), and the categories of third parties to which we may sell it for monetary value or other valuable consideration or share it for cross-context behavioral advertising/targeted marketing ("C. Sold/Shared To") +
+ + +| + Category of Data + | +A. Purpose for Collection; | +
|---|---|
| B. Categories of Third Parties to which Personal Information may be Disclosed; | +|
| C. Categories of Third Parties to which the Personal Information may be Sold/Shared for Targeted Advertising | +|
| + Contact Information (such as your name, email address, mailing address) + | +
+ A. Purposes for Collection:++ (1) Provide You the Service (to process and fulfill your purchases of products; enable you to use the Services and other products or services we offer, including maintaining your account information and verifying information you provide to us, such as that your email address is active and valid; send you transactional messages regarding your use of the Services, your purchases, and other account-related communications; respond to your inquiries and provide customer support or request feedback from you); (2) Advertising Activities and Marketing Messages (to customize and optimize content for you, such as to send you marketing communications if you have provided us your email address, as permitted by applicable law); (3) Administrative (to verify your identity, recognize you across the Services and your devices; contact you regarding your use of the Services, content, features, or products you use or request, and, in our discretion, changes to our policies); (4) Internal Business Purposes (to operate and improve the Services and our products, services, and marketing endeavors; market research; analyze the effectiveness of our marketing efforts through our third-party service providers; detect and troubleshoot problems; monetize our Services); (5) Security (to protect integrity of the Services); (6) Legal (to comply with the law; resolve disputes; enforce our agreements and policies; cooperate in governmental or other legal inquiries; fulfill regulatory reporting obligations; protect our or others' rights, assets, safety or security); (7) Business Transitions (in connection with a merger, acquisition, consolidation, bankruptcy, or other corporate transition, including during due diligence); (8) Other Purposes as disclosed at the time of collection, with your consent (where required by law), or as permitted by applicable law. + + |
+
+ B. Categories of Third Parties to which Personal Information may be Disclosed:++ Analytics Partners (such as analytics companies); Social Media Platforms; Business Partners; Technology Systems Service Providers (such as webhosts, database hosts, cloud computing providers, software-as-a-service providers, and technology maintenance and repair vendors); Security Vendors; Communications Service Providers (such as email delivery and direct mail vendors); Customer Service Providers; Government Agencies and Law Enforcement/Where Required by Law (including third parties in connection with a court or other legal proceeding); Third Parties in connection with court or other legal actions; Third Parties in connection with business transitions; Third Parties to whom you agree or direct us to share your data; Other Service Providers we engage to provide services to us and/or you. + + |
+ |
+ C. Categories of Third Parties to which Personal Information may be Sold/Shared for Targeted Advertising:++ Analytics Partners. + + |
+
| + Category of Data + | +A. Purpose for Collection; | +
|---|---|
| B. Categories of Third Parties to which Personal Information may be Disclosed; | +|
| C. Categories of Third Parties to which the Personal Information may be Sold/Shared for Targeted Advertising | +|
| + User Account Information (such as account name, communication preferences, and account settings) + | +
+ A. Purposes for Collection:++ (1) Provide You the Service (to process your purchases; to enable you to use the Services and other products or services we offer, including maintaining your account information and verifying information you provide to us, such as that your email address is active and valid; send you transactional messages regarding your use of the Services and other account-related communications; respond to your inquiries and provide customer support or request feedback from you); (2) Advertising Activities and Marketing Messages (to customize and optimize content for you, such as to send you in-app announcements and marketing communications if you have provided us your email address, as permitted by applicable law); (3) Personalization (to tailor the content we display to you on the Services, including content in emails we may send to you, to tell you about new products, promotions, opportunities, or other general information about HabitRPG or our products that we believe will be of interest to you); (4) Administrative (to verify your identity, recognize you across the Services and your devices; contact you regarding your use of the Services, content, features, or products you use or request, and, in our discretion, changes to our policies); (5) Internal Business Purposes (to operate and improve the Services and our products, services, and marketing endeavors; market research; analyze the effectiveness of our marketing efforts; detect and troubleshoot problems; understand how you use the Services including tracking traffic, usage, trends, and navigation patterns); (6) Security (to protect integrity of the Services; to investigate, prevent, and detect, and protect against misuse of our systems, abuse, fraud or other crime, or illegal activities or those that violate our policies; to detect and troubleshoot problems); (7) Legal (to comply with the law; resolve disputes; enforce our agreements and policies; cooperate in governmental or other legal inquiries; fulfill regulatory reporting obligations; protect our or others' rights, assets, safety or security); (8) Business Transitions (in connection with a merger, acquisition, consolidation, bankruptcy, or other corporate transition, including during due diligence); (9) Other Purposes as disclosed at the time of collection, with your consent (where required by applicable law), or as permitted by applicable law. + + |
+
+ B. Categories of Third Parties to which Personal Information may be Disclosed:++ Technology Systems Service Providers (such as webhosts, database hosts, cloud computing providers, software- as-a-service providers, and technology maintenance and repair vendors); Security Vendors; Communications Service Providers; Customer Service Providers; Government Agencies and Law Enforcement/Where Required by Law (including third parties in connection with a court or other legal proceeding); Third Parties in connection with court or other legal actions; Third Parties in connection with business transitions; Third Parties to whom you agree or direct us to share your data; Other Service Providers we engage to provide services to us and/or you. + + |
+ |
+ C. Categories of Third Parties to which Personal Information may be Sold/Shared for Targeted Advertising:++ This category of data is not sold or shared for targeted advertising. + + |
+
| + Category of Data + | +A. Purpose for Collection; | +
|---|---|
| B. Categories of Third Parties to which Personal Information may be Disclosed; | +|
| C. Categories of Third Parties to which the Personal Information may be Sold/Shared for Targeted Advertising | +|
| + Demographic Information (such as your zip code, birth day/month) + | +
+ A. Purposes for Collection:++ (1) Provide You the Service (to enable you to use the Services and other products or services we offer, including verifying information you provide to us); (2) Advertising Activities and Marketing Messages (to customize and optimize content for you); (3) Personalization (to tailor the content and advertising we display to you or others, on the Services or elsewhere, including content in emails we may send to you); (4) Administrative (to verify your identity, recognize you across the Services and your devices); (5) Internal Business Purposes (to operate and improve the Services and our products, services, and marketing endeavors; market research; analyze the effectiveness of our marketing efforts; detect and troubleshoot problems; understand how you use the Services including tracking traffic, usage, trends, and navigation patterns); (6) Security (to protect integrity of the Services; to investigate, prevent, and detect, and protect against misuse of our systems, abuse, fraud or other crime, or illegal activities or those that violate our policies; to detect and troubleshoot problems); (7) Legal (to comply with the law; resolve disputes; enforce our agreements and policies; cooperate in governmental or other legal inquiries; fulfill regulatory reporting obligations; protect our or others' rights, assets, safety or security); (8) Business Transitions (in connection with a merger, acquisition, consolidation, bankruptcy, or other corporate transition, including during due diligence); (9) Other Purposes as disclosed at the time of collection, with your consent (where required by applicable law), or as permitted by applicable law. + + |
+
+ B. Categories of Third Parties to which Personal Information may be Disclosed:++ Social Media Platforms and Other Third Party Platforms; Third Party Business Partners; Order Fulfillment Vendors (such as payment processors); Technology Systems Service Providers (such as webhosts, database hosts, cloud computing providers, software-as-a-service providers, and technology maintenance and repair vendors); Security Vendors; Customer Service Providers; Government Agencies and Law Enforcement/Where Required by Law (including third parties in connection with a court or other legal proceeding); Third Parties in connection with court or other legal actions; Third Parties in connection with business transitions; Third Parties to whom you agree or direct us to share your data; Other Service Providers we engage to provide services to us and/or you. + + |
+ |
+ C. Categories of Third Parties to which Personal Information may be Sold/Shared for Targeted Advertising:++ This category of data is not sold or shared for targeted advertising. + + |
+
| + Category of Data + | +A. Purpose for Collection; | +
|---|---|
| B. Categories of Third Parties to which Personal Information may be Disclosed; | +|
| C. Categories of Third Parties to which the Personal Information may be Sold/Shared for Targeted Advertising | +|
| + Device ID/Interaction Information (such as IP address or other unique ID for any computer, mobile phone or other device used to access the Services, device information (model, browser, operating system version), URL or advertisement that referred you to the Services, any search terms you entered into a search engine that led you to the Services; areas within Services that you visit, time of day you visited the Services, your time zone, location information, and mobile network (if applicable) information) + | +
+ A. Purposes for Collection:++ (1) Provide You the Service (to process and fulfill your purchases of products; to enable you to use the Services and other products or services we offer, including maintaining your account information and verifying information you provide to us, such as that your email address is active and valid; send you transactional messages regarding your use of the Services and other account-related communications); (2) Advertising Activities and Marketing Messages (to customize and optimize content for you, such as to send you in-app announcements and marketing communications if you have provided us your email address, as permitted by applicable law); (3) Personalization (to tailor the content and advertising we display to you or others, on the Services or elsewhere, including content in emails we may send to you, to tell you about new products, promotions, opportunities, or other general information about HabitRPG or our products that we believe will be of interest to you); (4) Administrative (to verify your identity, recognize you across the Services and your devices; contact you regarding your use of the Services, content, features, or products you use or request, and, in our discretion, changes to our policies); (5) Internal Business Purposes (to operate and improve the Services and our products, services, and marketing endeavors; market research; analyze the effectiveness of our marketing efforts; detect and troubleshoot problems; monetize our Services; understand how you use the Services including tracking traffic, usage, trends, and navigation patterns); (6) Security (to protect integrity of the Services; to investigate, prevent, and detect, and protect against misuse of our systems, abuse, fraud or other crime, or illegal activities or those that violate our policies; to detect and troubleshoot problems); (7) Legal (to comply with the law; resolve disputes; enforce our agreements and policies; cooperate in governmental or other legal inquiries; fulfill regulatory reporting obligations; protect our or others' rights, assets, safety or security); (8) Business Transitions (in connection with a merger, acquisition, consolidation, bankruptcy, or other corporate transition, including during due diligence); (9) Other Purposes as disclosed at the time of collection, with your consent (where required by law), or as permitted by applicable law. + + |
+
+ B. Categories of Third Parties to which Personal Information may be Disclosed:++ Analytics Partners; Social Media Platforms and Other Third Party Platforms; Third Party Business Partners; Order Fulfillment Vendors (such as payment processors, fulfillment centers, delivery services, order tracking vendors); Technology Systems Service Providers (such as webhosts, database hosts, cloud computing providers, software-as- a-service providers, and technology maintenance and repair vendors); Security Vendors; Communications Service Providers; Customer Service Providers; Government Agencies and Law Enforcement/Where Required by Law (including third parties in connection with a court or other legal proceeding); Third Parties in connection with court or other legal actions; Third Parties in connection with business transitions; Third Parties to whom you agree or direct us to share your data; Other Service Providers we engage to provide services to us and/or you. + + |
+ |
+ C. Categories of Third Parties to which Personal Information may be Sold/Shared for Targeted Advertising:++ Analytics Partners. + + |
+
| + Category of Data + | +A. Purpose for Collection; | +
|---|---|
| B. Categories of Third Parties to which Personal Information may be Disclosed; | +|
| C. Categories of Third Parties to which the Personal Information may be Sold/Shared for Targeted Advertising | +|
| + Transaction Information (such as data about the products you purchase, obtained, or considered, customer service contacts) + | +
+ A. Purposes for Collection:++ (1) Provide You the Service (to enable you to use the Services and other products or services we offer, including maintaining your account information and verifying information you provide to us; send you transactional messages regarding your use of the Services, your purchases, and other account-related communications; respond to your inquiries and provide customer support or request feedback from you); (2) Advertising Activities and Marketing Messages (to customize and optimize content for you, such as to send you in-app announcements and marketing communications if you have provided us your email address, as permitted by applicable law); (3) Personalization (to tailor the content we display to you on the Services, including content in emails we may send to you, to tell you about new products, promotions, opportunities, or other general information about HabitRPG or our products that we believe will be of interest to you); (4) Administrative (to verify your identity, recognize you across the Services and your devices; contact you regarding your use of the Services, content, features, or products you use or request, and, in our discretion, changes to our policies); (5) Internal Business Purposes (to operate and improve the Services and our products, services, and marketing endeavors; market research; analyze the effectiveness of our marketing efforts; detect and troubleshoot problems; monetize our Services; understand how you use the Services including tracking traffic, usage, trends, and navigation patterns); (6) Security (to protect integrity of the Services; to investigate, prevent, and detect, and protect against misuse of our systems, abuse, fraud or other crime, or illegal activities or those that violate our policies; to detect and troubleshoot problems); (7) Legal (to comply with the law; resolve disputes; enforce our agreements and policies; cooperate in governmental or other legal inquiries; fulfill regulatory reporting obligations; protect our or others' rights, assets, safety or security); (8) Business Transitions (in connection with a merger, acquisition, consolidation, bankruptcy, or other corporate transition, including during due diligence); (9) Other Purposes as disclosed at the time of collection, with your consent (where required by applicable law), or as permitted by applicable law. + + |
+
+ B. Categories of Third Parties to which Personal Information may be Disclosed:++ Order Fulfillment Vendors (such as payment processors, fulfillment centers, delivery services, order tracking vendors); Technology Systems Service Providers (such as webhosts, database hosts, cloud computing providers, software-as- a-service providers, and technology maintenance and repair vendors); Security Vendors; Communications Service Providers; Customer Service Providers; Government Agencies and Law Enforcement/Where Required by Law (including third parties in connection with a court or other legal proceeding); Third Parties in connection with court or other legal actions; Third Parties in connection with business transitions; Third Parties to whom you agree or direct us to share your data; Other Service Providers we engage to provide services to us and/or you. + + |
+ |
+ C. Categories of Third Parties to which Personal Information may be Sold/Shared for Targeted Advertising:++ This category of data is not sold or shared for targeted advertising. + + |
+
| + Category of Data + | +A. Purpose for Collection; | +
|---|---|
| B. Categories of Third Parties to which Personal Information may be Disclosed; | +|
| C. Categories of Third Parties to which the Personal Information may be Sold/Shared for Targeted Advertising | +|
| + Information about your Interests and Preferences (such as information about the products you purchased, obtained, or considered) + | +
+ A. Purposes for Collection:++ (1) Provide You the Service (to enable you to use the Services and other products or services we offer, including maintaining your account information and verifying information you provide to us; send you transactional messages regarding your use of the Services and other account-related communications; respond to your inquiries and provide customer support or request feedback from you); (2) Personalization (to tailor the content we display to you or others, on the Services or elsewhere, including content in emails we may send to you, to tell you about new products, promotions, opportunities, or other general information about HabitRPG or our products that we believe will be of interest to you); (3) Internal Business Purposes (to operate and improve the Services and our products, services, and marketing endeavors; market research; analyze the effectiveness of our marketing efforts; detect and troubleshoot problems; monetize our Services; understand how you use the Services including tracking traffic, usage, trends, and navigation patterns); (4) Security (to protect integrity of the Services; to investigate, prevent, and detect, and protect against misuse of our systems, abuse, fraud or other crime, or illegal activities or those that violate our policies; to detect and troubleshoot problems); (5) Legal (to comply with the law; resolve disputes; enforce our agreements and policies; cooperate in governmental or other legal inquiries; fulfill regulatory reporting obligations; protect our or others' rights, assets, safety or security); (6) Business Transitions (in connection with a merger, acquisition, consolidation, bankruptcy, or other corporate transition, including during due diligence); (7) Other Purposes as disclosed at the time of collection, with your consent (where required by applicable law), or as permitted by applicable law. + + |
+
+ B. Categories of Third Parties to which Personal Information may be Disclosed:++ Social Media Platforms and Other Third Party Platforms; Third Party Business Partners; Technology Systems Service Providers (such as webhosts, database hosts, cloud computing providers, software-as-a-service providers, and technology maintenance and repair vendors); Security Vendors; Communications Service Providers; Customer Service Providers; Government Agencies and Law Enforcement/Where Required by Law (including third parties in connection with a court or other legal proceeding); Third Parties in connection with court or other legal actions; Third Parties in connection with business transitions; Third Parties to whom you agree or direct us to share your data; Other Service Providers we engage to provide services to us and/or you. + + |
+ |
+ C. Categories of Third Parties to which Personal Information may be Sold/Shared for Targeted Advertising:++ This category of data is not sold or shared for targeted advertising. + + |
+
| + Category of Data + | +A. Purpose for Collection; | +
|---|---|
| B. Categories of Third Parties to which Personal Information may be Disclosed; | +|
| C. Categories of Third Parties to which the Personal Information may be Sold/Shared for Targeted Advertising | +|
| + Photo/Video Data, and Other User Generated Content (such as tasks, profile, chat messages) + | +
+ A. Purposes for Collection:++ (1) Provide You the Service (to enable you to use the Services and other products or services we offer, including maintaining your account information and permitting you to create to do lists and upload related content; send you transactional messages regarding your use of the Services and other account-related communications; respond to your inquiries and provide customer support or request feedback from you); (2) Administrative (to verify your identity, recognize you across the Services and your devices; contact you regarding your use of the Services, content, features, or products you use or request, and, in our discretion, changes to our policies); (3) Internal Business Purposes (to operate and improve the Services and our products, services, and marketing endeavors; market research; detect and troubleshoot problems; monetize our Services; understand how you use the Services including tracking traffic, usage, trends, and navigation patterns); (4) Security (to protect integrity of the Services; to investigate, prevent, and detect, and protect against misuse of our systems, abuse, fraud or other crime, or illegal activities or those that violate our policies; to detect and troubleshoot problems); (5) Legal (to comply with the law; resolve disputes; enforce our agreements and policies; cooperate in governmental or other legal inquiries; fulfill regulatory reporting obligations; protect our or others' rights, assets, safety or security); (6) Business Transitions (in connection with a merger, acquisition, consolidation, bankruptcy, or other corporate transition, including during due diligence); (7) Other Purposes as disclosed at the time of collection, with your consent (where required by applicable law), or as permitted by applicable law. + + |
+
+ B. Categories of Third Parties to which Personal Information may be Disclosed:++ Third Party Business Partners; Technology Systems Service Providers (such as webhosts, database hosts, cloud computing providers, software-as-a-service providers, and technology maintenance and repair vendors); Security Vendors; Communications Service Providers; Customer Service Providers; Government Agencies and Law Enforcement/Where Required by Law (including third parties in connection with a court or other legal proceeding); Third Parties in connection with court or other legal actions; Third Parties in connection with business transitions; Third Parties to whom you agree or direct us to share your data; Other Service Providers we engage to provide services to us and/or you. + + |
+ |
+ C. Categories of Third Parties to which Personal Information may be Sold/Shared for Targeted Advertising:++ This category of data is not sold or shared for targeted advertising. + + |
+
+ We may use non-personal information for any purpose, including for research and marketing purposes. We also use information that we collect, including personal information and Usage Information, as disclosed in this Privacy Policy and as follows: +
++ We may also use your personal information for any other purpose disclosed to you at the time of collection, with your consent (where required by applicable law), or permitted by applicable law. +
+ ++ Our service providers may collect information on our behalf and at our direction, in order to provide Services on our behalf to help with our business activities. +
++ These companies are authorized to use your personal information only as necessary to provide these Services to us and for other purposes permitted by applicable law. +
++ Our Service Providers include, without limitation: +
+| + Service Provider Name + | ++ Product(s) + | + + +
|---|---|
| Google Cloud | +cloud computing; storage | +
| MongoDB | +database | +
| Heroku | +cloud-based testing | +
| Amazon Web Services | +content storage | +
| Hetzner | +translations and push notifications | +
| Stripe | +payment processing | +
| PayPal | +payment processing | +
| Amazon Payments | +payment processing | +
| Apple App Store | +app host | +
| Google Play Store | +app host | +
| Mailchimp | +email marketing | +
| Gmail | +internal communications | +
| Redislabs | +rate limiting | +
| Loggly | +log management and analytics | +
| Slack | +internal communications | +
| Amplitude | +analytics | +
+ We may offer sweepstakes, contests, or other promotions (collectively, "Promotion(s)") that may require registration. By participating in a Promotion, you agree to the provisions, conditions, or official rules that govern the Promotion, which may contain specific requirements of you (including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness, or other indicia of persona in advertising or marketing materials). If you choose to enter a Promotion, personal information may be disclosed to co-promotion partners, third parties or the public in connection with the administration of such Promotion, including in connection with winner selection, prize fulfillment, as required by law, or as permitted by the Promotion's terms or official rules. +
+ ++ HabitRPG maintains commercially reasonable administrative, physical, and technical safeguards that are designed to secure your personal information; however, no data transmission over the Internet, wireless transmission, or electronic storage of data can be guaranteed to be 100% secure. HabitRPG cannot ensure or warrant the security of any data we collect. You use the Services and provide us your data at your own risk. +
+ ++ We retain your personal information for as long as necessary to provide you Services and in accordance with our data retention schedule. We may retain your personal information for longer if it is necessary to comply with our legal or reporting obligations, resolve disputes, enforce contracts, or address other legitimate business needs, or as permitted or required by applicable law. We may also retain your personal information in a deidentified or aggregated form so that it can no longer be associated with you. To determine the appropriate retention period for your personal information, we consider various factors, such as the amount, nature, and sensitivity of your information; the potential risk of unauthorized access, use, or disclosure; the purposes for which we collect or process your personal information; and applicable legal requirements. +
+ ++ The Service are intended for users 13 years or older; you are not permitted to access or use the Service if you are younger than 13. We do not knowingly collect personal information from children under the age of 13 through the Service. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children to never provide personal information without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us at privacy@habitica.com, and we will delete that information from our databases. +
+ ++ HabitRPG is based in the United States. Please be aware that information we collect will be transferred to and processed in the United States and other countries. HabitRPG makes no representation that this Privacy Policy or the practices described in it comply with the laws of any other jurisdiction. By using the Services, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing, and storage of your information in the United States and other jurisdictions for which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. As a result, this information may be subject to access requests from governments, courts, or law enforcement in the United States and other countries according to laws in those jurisdictions. +
+ ++ Edit Your Information: On the website, you can update the information in your user profile at any time by going to the user icon in the upper right, selecting the "Profile" option, then clicking "Edit Profile". You can update your username and email address by going to the user icon in the upper right and selecting the "Settings" option. If you are using the mobile app, you can update your user profile, username, and email by tapping the Settings gear in the menu and then selecting the "My Account" option. +
++ Reset Your Account: You can fully delete or reset your account by selecting the user icon in the upper right, selecting the "Settings", and then looking under "General Settings". You can fully delete or reset your account on the mobile apps by tapping the Settings gear in the menu and then selecting the "My Account" submenu. Please note that in order to fully delete all data associated with your account, you will need to email us at privacy@habitica.com. Note that we may be required to retain certain data about you to comply with applicable laws. +
++ Newsletter: You may also sign-up to receive our email newsletter. If you would like to discontinue receiving this information, you may update your email preferences by using the "Unsubscribe" link found in emails we send to you, or by contacting us. Please note that we reserve the right to send you certain communications relating to your account or use of the Services, such as administrative and services announcements. These transactional account messages may be unaffected if you choose to opt out from marketing emails. +
++ Push Notifications: With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can elect to stop receiving those messages by changing the notification settings in the app or on your mobile device. +
++ Other Privacy Rights: Certain jurisdictions provide additional rights. Please see the "Jurisdiction-Specific Rights" section below for more information. +
+ ++ To the extent permitted by applicable law, we reserve the right to change or modify this Privacy Policy at our discretion at any time. We will notify you of any material changes by posting the changed or modified Privacy Policy on our Services. We may also provide notice to you in other ways, such as through contact information you have provided. Any changes will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified. Your continued use of the Services after the effective date of the revised Privacy Policy (or such other act as specified in the revised Privacy Policy) will, to the fullest extent permitted by applicable law, constitute your consent to those changes. However, we will provide notice and obtain your consent (opt-in or opt-out) if required by law. We encourage you to regularly review this Privacy Policy for the latest information on our privacy practices. +
+ +California, Nebraska, and Texas Residents
++ This section applies only to California, Nebraska, and Texas residents. It supplements and amends the information contained in the Policy with respect to such individuals. The other provisions of the Policy continue to apply, except as modified in this section. +
++ Shine the Light [California residents only]. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by us to third parties for the third parties’ direct marketing purposes. Such requests must be submitted to us in accordance with the instructions in the Contact Us section of this Policy. Please mention when contacting us that you are making a “California Shine the Light” inquiry. Within 30 days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than in accordance with the instructions specified in this paragraph. +
++ Eraser Law [California residents only]. If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California law permits you to request and obtain removal of content or information you have publicly posted. You may submit your request using the contact information at the end of this Policy. Please be aware that such request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested. +
++ Your Rights +
++ You may have certain rights related to your personal information, subject to certain exceptions (including, as applicable and without limitation, safety, security, and protecting the rights of other users). Specifically: +
++ Right to Confirm and Access. You may have the right to request that we confirm whether we process your personal information and, if we do, that we grant you access to that information. If you previously provided us your personal information, and that information is available in a digital format, you may have the right to obtain a copy of the information in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the information to another person without hindrance. +
++ Right to Delete. You may have the right to request that we delete your personal information from our records, subject to certain exceptions. +
++ Right to Correct. You may have the right, subject to certain limitations, to request that we correct any inaccurate personal information we maintain about you. +
++ Opt - Out of the “ Sale” of Personal Information or Use of Such Information for “Targeted Advertising” or “Profiling”. We engage in common marketing and advertising practices to provide more relevant content and ads to users of our Site and Services. Certain of these practices may involve the “selling” of personal information, or the use of such information for “targeted advertising” or “profiling,” as those terms are defined in the Texas Data Privacy and Security Act (“TDPSA”) and the Nebraska Data Privacy Act. We do not sell personal information under the more commonly understood meaning of that word—i.e., providing personal information to third parties in exchange for money. Nor do we have actual knowledge of selling personal information of minors under the age of 16. To opt-out of the selling of your personal information, or use of that information for targeted advertising or profiling, please submit a request to privacy@habitica.com. Note: We also treat Global Privacy Control browser signals as opt-out of sale/disclosure for targeted advertising or profiling requests. To opt-out via the Global Privacy Control, please follow the instructions available here. +
++ Right to Consent to Use or Disclosure of Sensitive Personal Information. Where required by applicable law, we will process your sensitive personal information only with your consent. +
++ Right Against Discrimination. You have the right not to be discriminated against for exercising any of the rights described in this section. For example, we generally will not provide you a different level or quality of goods or services if you exercise these rights. +
++ Submitting Data Subject Rights Requests. To submit a data subject rights request, please email us at privacy@habitica.com. We reserve the right to only respond to verifiable requests. To verify your identity, we may ask you to verify personal information we already have on file for you. If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes. You will need to describe your request with sufficient detail to allow us to review, understand, assess, and respond to it, and we may not be able to respond to your request, or provide you with personal information, if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. You may authorize another person to act on your behalf with respect to your rights under this section. We reserve the right to deny requests from persons claiming to be authorized agents that do not submit sufficient proof of their authorization. +
++ Our Response . You may have the right, subject to applicable law, to submit up to two (2) requests per year free of charge. We reserve the right to charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded. If we determine that a request warrants a fee, we will attempt to notify you as to why we made that decision and provide a cost estimate before completing your request. We will endeavor to respond to verifiable requests within forty-five (45) calendar days of receipt, but we may require an extension of up to forty-five (45) additional calendar days to respond and we will notify you of the need for the extension. +
++ If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by email. In the event we deny your request, in whole or in part, we will explain the bases for that denial. +
++ Appeal of Our Response. In the event you believe we have erroneously denied your request, in full or in part, you may, within 60 days of receipt of that denial, submit an appeal to privacy@habitica.com. In your appeal submission, please explain why you believe our decision to deny your request was incorrect and please provide any additional information you believe we should consider in connection with your appeal. Within 60 days of receipt of your appeal, we will advise you in writing of any action we have taken, or refrained from taking, in response to your appeal, along with an explanation of why we have taken, or refrained from taking, such action. +
+ +Nevada Residents
++ Nevada residents may opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by such law, and do not have plans to do so. In accordance with Nevada law, you may submit to us a verified request instructing us not to sell your covered information by sending an email to privacy@habitica.com. +
+Notice to United Kingdom/European/Switzerland Residents.
++ If you are a resident of the United Kingdom (UK), European Economic Area (EEA), or of Switzerland, the following information applies. +
++ Purposes of processing and legal basis for processing: As explained above, we process personal information in various ways depending upon your use of our Services. We process personal information on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide the Services; (3) compliance with our legal obligations; and (4) as necessary for our legitimate interests in providing the Service where those interests do not override your fundamental rights and freedoms related to data privacy such as for: +
+ Right to lodge a complaint: Users that reside in the UK, EEA, or Switzerland have the right to seek information and assistance or lodge a complaint about our data collection and processing actions with the supervisory authority where they reside. Contact details for data protection authorities are available here. UK: https://ico.org.uk/ EEA: https://edpb.europa.eu/about-edpb/board/members_en Switzerland: https//www.edoeb.admin.ch/edoeb/en/home/deredoeb/kontakt.html. +
++ Transfers: Personal information we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities. Transfers of personal data to a third country without an adequacy decision (as that term is understood pursuant to Article 45 of GDPR) are required to be subject to appropriate safeguards such as standard contractual clauses. In certain cases, we rely on your consent to facilitate transfer, processing, and storage of your data in the United States and other jurisdictions, where laws regarding processing of personal information may be less stringent than the laws in the EEA, UK, and Switzerland. +
++ Withdraw consent: If we have collected personal information with your consent, you have the right to withdraw that consent at any time. +
++ Access: You have the right to request access to personal information we collected about you and information about its sources, purposes, and sharing. +
++ Correction: You have the right to request that we correct the personal information we hold about you if it is inaccurate or incomplete. +
++ Erasure: You have the right to request that we erase data we have collected from you. Please note that we may have a reason to deny your deletion request or delete data in a more limited way than you anticipated, e.g., because of a legal obligation to retain it. +
++ Portability: You have the right, in certain circumstances, to request that we provide your personal information to you in a format that can be transferred to another entity. +
++ Restrict Processing: You have the right, in certain circumstances, to request that we limit our processing of your personal information if you are (1) contesting the accuracy of your personal information, (2) asserting that our processing is unlawful; (3) asserting that we no longer need to keep the information for reasons related to the establishment, exercise, or defense of legal claims, or you object to our processing. You have the right, in certain circumstances, to request that we limit our processing of your personal information if you are contesting the accuracy of your personal information; asserting that our processing is unlawful; asserting that we no longer need to keep the information for reasons related to the establishment, exercise, or defense of legal claims, or you object to our processing +
++ Objection: You have the right to object to our processing if we are processing your personal information based on legitimate interests, using your personal information for direct marketing (including profiling), or processing your personal information for purposes of scientific or historical research and statistics. +
++ Verification Procedures: We must verify your identity for everyone's protection, so we may require you to provide us with verification information prior to accessing any records containing personal information about you. We do this by asking you to provide personal identifiers we can match against information we may have collected from you previously and confirm your request using the email stated in the request. +
++ We will use the information you provide for verification only for the purpose of verification. We may have a reason under the law why we do not have to respond to your request or respond to it in a more limited way than you anticipated. If we do, we will explain that to you in our response. +
+ ++ If you have any questions or concerns about this Privacy Policy, please contact us at privacy@habitica.com with “Privacy Policy” in the subject line. You may also write to us at: +
+ + HabitRPG, Inc. c/o WorkbarThanks for choosing Habitica!
++ Our Service is provided by HabitRPG, Inc. ("HabitRPG"). By accepting these Terms of Service and our Privacy Policy located at: https://habitica.com/static/privacy (collectively, the "Agreement"), using our website, Habitica.com, or our other features or services (collectively, “the Services”, or otherwise manifesting your assent to the Agreement, you acknowledge that you have read, understood, and agree to be legally bound by the Agreement. If you do not agree to (or cannot comply with) the Agreement, you are not permitted to access or use the Service. By accepting or agreeing to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, "you" and "your" will refer and apply to that company or other legal entity. You further represent and warrant that your assent to this Agreement constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and that you have formed, executed, entered into, and accepted the terms of and otherwise authenticated the Agreement and acknowledged and agreed that the Agreement is an electronic record for purposes of E- Sign, UETA, and the Uniform Computer Information Transactions Act and, as such, is completely valid, has legal effect, is enforceable, and is binding on, and non- refutable by, you and/or any entity on whose behalf you are acting. +
++ THE SECTIONS BELOW TITLED "BINDING ARBITRATION' AND "CLASS ACTION WAIVER" CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY. +
++ These Terms of Service are effective as of the last updated date stated at the top of this page. We may change these Terms of Service from time to time with or without notice to you. By accessing the Service after we make any such changes to this Terms of Service, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the information collected is governed by the Terms of Service in effect at the time we collect the information. Please refer back to this Terms of Service on a regular basis. +
++ Our Services allow you to upload, store, send, download, or receive content, including but not limited to information, text, graphics, artwork, or other material ("Content"). You retain ownership of any intellectual property rights that you had in your Content prior to using it in connection with the Service. You hereby grant HabitRPG a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, non-exclusive, and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import your Content, including all intellectual property rights therein. You represent, warrant, and agree that your Content does not and will not violate any third-party intellectual property, privacy, or other rights, and that you have all right, title and interest in and to your Content required to grant us the license above. We reserve the right at all times, but have no obligation, to delete or refuse to use or distribute any Content on or through the Service, including your Content. +
++ HabitRPG appreciates receiving your ideas, comments, suggestions and requests regarding the Service ("Unsolicited Ideas"). By submitting your Unsolicited Ideas (in any form or medium), you are transferring all your right, title and interest therein exclusively to HabitRPG. As the owner of Unsolicited Ideas, we have unrestricted rights to use, disclose and process the Unsolicited Ideas for any purpose whatsoever without any compensation to you. You also give up any claim that any use, disclosure, and/or processing by us or our licensees of your Unsolicited Ideas violates any of your rights, including moral rights, privacy rights, rights to publicity, proprietary or other rights, and rights to credit for the material or ideas set forth therein. +
++ DMCA Notice. We respect the intellectual property rights of third parties. We respond to notices of alleged copyright infringement according to the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512 et seq. Regardless of whether or not the we believe that we are liable for any copyright infringement for which we are provided notice, our response may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating an individual’s access to the Service, in our sole discretion and operating within the parameters of the DMCA. +
++ If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact us at admin@habitica.com with the following information: +
++ If your content has been removed from the Service in response to our receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting us using the information above with the following information: +
++ When the Service requires or includes downloadable software ("Software"), it may update automatically on your device once a new version or features become available to you. Some platforms may let you adjust your automatic update settings. +
++ HabitRPG hereby grants you a non-commercial, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software provided by HabitRPG as part of the Service. You may not copy, modify, distribute, sell, or lease any part of our Service or included Software unless you are explicitly allowed to do so by the GPL-3.0 license, or you have our written permission to do so with respect to those parts not covered by the open-source license. +
++ Third party applications may use one of the permitted logos and signifiers in order to represent their compatibility with the Service, but may not claim formal association with and/or impersonate HabitRPG or our staff without prior written consent. Third Party applications, the companies that own or provide them, and their employees and agents, are not authorized to make any promises or representations on our behalf, or change the terms of this Agreement. +
++ We allow for personal, non-commercial uses like fanart under Commercial Commons License CC-NC-SA 3.0 terms. +
++ Outside the above explicitly allowed use cases, you may not use our trademarks, service marks, trade names, logos, domain names, taglines, or trade dress without a signed written contract with us granting you a license to do so. +
+ ++ HabitRPG reserves the right, in its sole discretion, to add, modify, or remove functionalities or features from the Service, and improve, change and/or update the Service. We may also suspend or terminate the Service at any time, with or without notice to you. +
++ You can choose to stop using our Service at any time. We may suspend or cease providing the Service to you at any time, including if we determine in our sole discretion, that: +
++ If your account is terminated, you will no longer have access to it, including to any of the associated data or Content. You will not be entitled to any refunds and we will have no liability to you. We also reserve the right to terminate any other accounts you may have created, as well as access to any other HabitRPG Service (also without refunds or liability to you). + You understand and agree that using the Service comes with the risk that your account may be terminated or suspended at our discretion and at any time. Please keep this risk in mind and comport yourself appropriately. +
+ ++ You may access your Service data via the Application Program Interface ("API"). By using API you are automatically bound by the Agreement. +
+ ++ The Service may contain links to other web sites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. +
++ By providing these links, we do not endorse, sponsor, or recommend such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services, or other situations at or related to or from any other site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operators. We reserve the right to disable links from any third-party sites to the Service. +
++ Please exercise discretion while using the Service. You should be aware that when you are using the Service, you could be directed to other sites that are beyond our control. There are links to other sites from the Service pages that take you outside of the Service. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. +
+ ++ We may provide links to third-party integrations. Third-party integrations are websites or platforms that synchronize with our Service to provide you with additional functionality, tools, or services, such as delivering content based on your location. +
++ You acknowledge and agree that we are not responsible for the availability of such sites or resources and do not endorse and are not responsible or liable for any content, advertising, goods, services, or other materials on, available through, or provided by such sites or resources. +
++ We are not responsible for the privacy or other practices of such sites and cannot guarantee the security of any personal information that you provide to such sites or that such sites collect. We encourage you to review the privacy policies and terms and conditions on those linked sites. +
+ ++ You must follow any policies made available to you within the Service, including but not limited to the Terms of Service, Privacy Policy, and Community Guidelines. You may only use our Service as permitted by law. HabitRPG may investigate and/or suspend or terminate our Service to you at any time if we find your use of our Service violates the Agreement, applicable law, and/or any of our policies. +
++ Using our Service does not grant you ownership of any intellectual property rights in our Service or the content you may have access to. You may not use any copyrighted content in our Service unless you obtain permission from the content owner and/or are otherwise permitted by law. The Agreement does not grant you the right to use any branding or logos used in our Service. Our Service may display some logos, trademarks, or branding materials that are not the property of HabitRPG. Such content is the sole property of the entity that makes it available. +
++ You may not abuse and/or misuse our Service, including but not limited to the following actions: +
++ HabitRPG, in its sole discretion, will determine what constitutes abuse and/or misuse of our Service. +
+ ++ You may choose our free Service or paid Service ("Premium") depending on your needs. We do not guarantee when, if ever, Premium features will be available in the free Service. You may upgrade from free Service to Premium at any time by any of the following methods: +
++ You will be charged the amount shown on Pricing before you can access Premium Service. All prices shown on Pricing are inclusive of any applicable sales taxes, levies, value-added taxes, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties. We may revise the Pricing at any time and may, from time to time, modify, amend, or supplement our fees and fee-billing methods. Such changes shall be effective upon posting on the Pricing page or elsewhere in the Service. If there is a dispute regarding payment of fees to us, we reserve the right to terminate or suspend your account at our sole discretion. +
++ BY PURCHASING PREMIUM YOU EXPRESSLY UNDERSTAND AND AGREE TO OUR REFUND POLICY: +
++ WITHIN THIRTY (30) DAYS OF YOUR PREMIUM PAYMENT DATE AS SHOWN ON YOUR PAYMENT BILL, YOU CAN REQUEST A FULL REFUND BY CONTACTING US AT ADMIN@HABITICA.COM. AFTER THIRTY (30) DAYS OF YOUR PREMIUM PAYMENT DATE, ANY PAYMENT REFUND IS SOLELY SUBJECT TO OUR DISCRETION. THE REFUND SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. +
++ FOR ANY CUSTOMER WHO PURCHASED PREMIUM IN APPLE INC.'s APP STORE ("APP STORE"), PLEASE CONTACT APPLE INC.'s SUPPORT TEAM: https://reportaproblem.apple.com. APPLE'S APP STORE DOES NOT ALLOW DEVELOPERS TO ISSUE REFUNDS FOR APP STORE PURCHASES MADE BY CUSTOMERS. +
+ ++ THE SERVICE AND ANY CONTENT MADE AVAILABLE BY HABITRPG VIA THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE OR CONTENT WILL OPERATE ERROR-FREE OR THAT THE SERVICE OR CONTENT OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. +
++ WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. +
++ WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICE OR THE CONTENT AT ANY TIME WITHOUT NOTICE. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICE OR CONTENT POSTED BY HABITRPG, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PLATFORM SHALL BE LIMITED TO THE GREATER OF (I) MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED US DOLLARS ($100). +
++ SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. +
+ ++ You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of any of your representations, warranties or other obligations under this Agreement; (ii) your use or misuse of the Service or content posted or made available by HabitRPG; and/or (iii) your violation of any third-party rights in connection with your use of the Service, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to participate in the defense (at our expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter. +
+ ++ We make no guaranty of confidentiality or privacy with respect to any communication or information transmitted via the Service. We will not be liable for the privacy of the information, e-mail addresses, registration, and identification information, disk space, communications, confidential or trade-secret information, or any other content transmitted over networks accessed by the Service, or otherwise connected with your use of the Service. +
+ ++ The Service is based in the United States. We make no claims concerning whether the Service or posted content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Service or such content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. +
+ ++ In the event of a dispute arising under or relating to this Agreement or the Service (each, a "Dispute"), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act ("FAA"). Any election to arbitrate, at any time, shall be final and binding on the other party. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT'S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. +
++ All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS' Streamlined Arbitration Rules and Procedures. All applicable JAMS rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator's award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests. +
++ ANY CLAIMS, ACTIONS OR PROCEEDINGS BY YOU MUST BE COMMENCED WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR CLAIM OCCURS. ALL OTHER CLAIMS YOU MAY HAVE ARE PERMANENTLY BARRED. +
+ ++ You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. +
+ ++ IF FOR ANY REASON A DISPUTE OR CLAIM MAY PROCEED IN COURT RATHER THAN IN ARBITRATION, EACH PARTY TO THIS AGREEMENT IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE (WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY), UNLESS SUCH WAIVERS ARE UNENFORCEABLE. +
+ ++ You acknowledge and agree that in the event of a breach or threatened violation by you of our intellectual property rights and/or rights related to our confidential and proprietary information, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. +
+ ++ If you have any questions about the Agreement, or want to report a violation, please contact us at admin@habitica.com. +
+ +