Terms of Use

End User License Agreement (EULA)

Last updated: February 16, 2025

Thank you for choosing HabitClub ("the App"). This End User License Agreement ("EULA") is a legal agreement between you ("User" or "You") and NextDGT ("Company," "we," "us," or "our"). By downloading, installing, accessing, or using HabitClub, you agree to be bound by the terms and conditions of this EULA. If you do not agree to the terms of this EULA, do not install or use the App.

Please read this EULA carefully. This EULA references and aligns with applicable terms from both the Google Play Terms of Service and Apple's Standard License Agreement. In the event of any conflict between this EULA and the specific platform terms, the relevant platform terms will take precedence for Users accessing the App through that particular platform.

1. Overview of HabitClub

1.1 Purpose

HabitClub is a mobile application that assists users in adopting and maintaining good life practices (e.g., exercising, healthy eating, praying). It provides:

  • Social Media Integration for creating, following, and sharing good practices.
  • Personalization for individual habit tracking.
  • Community Engagement where users can share success stories, follow others' progress, and build supportive networks.

1.2 Age Requirement

This App is intended for global users aged 15 and above. If you are under the age of 18 (or the age of majority in your jurisdiction), you must have your parent or guardian's permission to use the App. By using the App, you represent and warrant that you meet the applicable age requirement.

2. License Grant and Restrictions

2.1 License Grant

Subject to your compliance with this EULA, we grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to download, install, and use one copy of the App on a mobile device that you own or control, solely for your personal, non-commercial use and in accordance with this EULA and any usage rules set forth in the applicable platform (Google Play Store or Apple App Store).

2.2 Restrictions

You agree not to:

  • Copy, modify, or distribute the App or any portion thereof.
  • Reverse-engineer, disassemble, decompile, or otherwise attempt to derive the source code of the App.
  • Rent, lease, sublicense, or otherwise transfer rights to the App.
  • Use the App for any unlawful or unauthorized purpose, or in any way that could damage, disable, overburden, or impair our servers or networks.
  • Circumvent or attempt to circumvent any security feature of the App.

2.3 Platform-Specific Terms

You acknowledge and agree to comply with any applicable third-party terms of agreement when using the App, such as those from the Google Play Store and Apple App Store. Where conflicts arise, the respective platform's terms will govern your use of the App on that platform.

3. User Accounts and Security

3.1 Account Registration

You may be required to create an account to access certain features of the App, including social connectivity or habit tracking. You agree to provide accurate, current, and complete information during the registration process and to keep it updated.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to promptly notify us of any unauthorized use or breach of security of your account.

3.3 Social Media Integration

HabitClub may offer features enabling you to link your social media accounts to share your progress, follow others, and engage with celebrity-endorsed habits. By linking these accounts, you acknowledge that the use of such features is subject to the respective social media platforms' terms and conditions, and you are solely responsible for maintaining compliance with those terms.

4. Content and User Conduct

4.1 User-Generated Content

Users may create, share, and follow habit plans, success stories, and other content ("User Content"). By posting or sharing User Content in the App, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable license to use, copy, reproduce, process, adapt, publish, transmit, and display such User Content within the App, in accordance with our Privacy Policy.

4.2 Prohibited Content

You agree not to post or share any User Content that:

  • Is unlawful, harmful, threatening, abusive, or harassing.
  • Violates any third-party rights, including intellectual property rights.
  • Contains any personal, identifying, or financial information of others without their consent.
  • Contains viruses, malware, or other harmful code.

4.3 Content Moderation

We reserve the right, but have no obligation, to monitor, review, remove, or disable access to any User Content that violates this EULA or is otherwise objectionable, at our sole discretion.

5. Monetization and In-App Purchases

5.1 Subscription Model

HabitClub offers subscription plans that grant access to premium content, features, or personalized habit plans. Subscription billing cycles may be monthly, yearly, or otherwise described at the point of purchase.

  • You will be charged at the start of each billing cycle, unless you cancel before the billing date.
  • You can manage or cancel subscriptions through your account settings in the App Store or Google Play Store.
  • No refunds are provided for unused partial subscription periods unless required by law or stated in the applicable platform's policies.

5.2 In-App Purchases

Additional habit plans, exclusive challenges, or other digital goods may be available for purchase within the App. All purchases are final and non-refundable unless otherwise stated by applicable consumer protection laws or the relevant platform's policies.

5.3 Advertisements

HabitClub may include advertisements from third-party advertising networks. By using the App, you agree to receive such advertisements. If you choose to engage with these ads, you acknowledge that any resulting transactions or interactions are solely between you and the advertiser.

6. Intellectual Property Rights

6.1 Ownership

The App (including all content, features, and functionality) is the exclusive property of the Company and is protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted herein are reserved by the Company.

6.2 Trademarks

All trademarks, logos, service marks, and trade names displayed in the App are registered and/or unregistered trademarks of the Company or third parties. Nothing in this EULA grants you the right to use any trademark displayed in the App without prior written permission from the respective trademark owner.

7. Disclaimer of Warranties

7.1 General Disclaimer

HabitClub is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

7.2 No Medical Advice

Content in the App is for informational purposes only and is not intended to replace professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider regarding any health-related matters.

7.3 No Guarantees

We do not guarantee that using the App will help you achieve any specific habit goals or lifestyle changes. Results may vary for each user.

7.4 No Warranty of Availability

We do not warrant that the App will be available uninterrupted, secure, or error-free at all times. Maintenance, upgrades, or network disruptions may affect availability.

8. Limitation of Liability

8.1 Exclusion of Liability

To the maximum extent permitted by law, the Company, its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or use, arising out of or related to your access to or use of the App.

8.2 Limitation on Damages

In no event shall the Company's total liability to you for all damages exceed the amount paid by you (if any) for accessing the App during the twelve (12) months preceding the date of the claim.

8.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you might have additional rights.

9. Privacy and Data Protection

Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, store, and share your personal information. By using the App, you agree to the terms of the Privacy Policy.

10. Termination

10.1 Termination by You

You may terminate this EULA by uninstalling the App from your device and discontinuing use. If you have a subscription, you must cancel it through your account settings to stop recurring charges.

10.2 Termination by the Company

We reserve the right to suspend or terminate your account or access to the App at any time, with or without notice, for any reason, including if we believe you have violated this EULA.

10.3 Effect of Termination

Upon termination, the rights and licenses granted to you under this EULA will immediately cease. Sections of this EULA relating to intellectual property, disclaimers, limitations of liability, and dispute resolution shall survive any termination.

11. Changes to this EULA

We may update or modify this EULA from time to time. If we make material changes, we will notify you through the App or by other means, such as email. Your continued use of the App after such notice constitutes your acceptance of the updated EULA. If you do not agree to any changes, you must stop using the App.

12. Governing Law and Dispute Resolution

12.1 Governing Law

This EULA and any disputes arising out of or related to it or the App are governed by and construed in accordance with the laws of Turkiye, without regard to its conflict of laws principles.

13. Contact Information

If you have any questions or concerns about this EULA, please contact us:

NextDGT Software
Fatih Istanbul Turkiye
+ 90 (531) 3068954
info@nextdgt.com

By downloading, installing, or using HabitClub, you acknowledge that you have read, understood, and agree to be bound by this EULA.

This EULA incorporates by reference the Google Play Terms of Service and Apple's Standard License Agreement. If you access HabitClub via the Google Play Store or Apple App Store, you also agree to be bound by their respective terms.