Terms & Conditions

Thanks for using our products, services and website. For convenience we will continue to use “Services” to describe the collective of offerings and information that we provide.

The “Services” are provided by Habyts Limited, a company with registered number 09304326, Bankside, 300 Peachman Way, Broadland Business Park, Norwich NR7 0LB, England.

By using our Services, you are agreeing to these terms. Please read them carefully.

If you have any questions about our website or services, please contact us by email at contact@habyts.com.

Table of Contents

  1. Using our Services
  2. Your Habyts Account
  3. Your Privacy
  4. About Software in our Services
  5. Submitting Information
  6. Liability for our Services
  7. Modifying our Services
  8. Cancel our Services
  9. Third Party Content
  10. Our Warranty and Disclaimers
  11. Modifying our Services
  12. Liability for our Services
  13. Complaints and Disputes

Using our Services

These Terms govern your use of all of the Habyts Services and website.

You must comply with any Terms or policies within the Services.  Our services are for your personal and non-commercial use only.

When you sign up for our services, free or paid,  Habyts grants you a right to use the software as expressed in these Terms.  You are granted a licence to use the Software and to receive and use the Service on your specific nominated devices only.  This Licence is non-exclusive, non-transferable and not sub-licensable. It does not give you ownership, or any intellectual property rights in our Services or the content you access.

You agree that it shall be your responsibility to maintaining the security of the devices on which you use our Services.

We may suspend or stop providing our Services to you if you do not comply with our Terms or policies or if we are investigating misconduct.

We may send you service announcements, administrative messages, and other information in connection with your use of the Services. You may opt out of some of those communications.

Your Habyts Account

By signing up for a Habyts Account  you agree to enter into a binding contract with us. These Terms apply to this contract.

This contract ends when you stop using the Service. Habyts may terminate this contract at any time, with or without notice and with or without cause, and with no liability.

When you use a paid version of our Services you are granted a Licence for personal use of the Software and the Service. The Licence fee is payable at the time you agree this Contract. The pricing we display on our website and in our products are including Value Added Tax. If any other local sales or other tax are applicable they are not included and will be payable by you. After having received your successful payment, an invoice will be sent to the email address you give us.

By creating a Habyts account you agree it is your responsibility to keep your account passwords and other account details confidential.

Your Privacy

We take your privacy very seriously. When you use Habyts you trust us with your information.

Habyts privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Habyts can use such data in accordance with our privacy policies.

For more information about your privacy see our Privacy Policy.

About Software in our Services

Habyts gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Habyts as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Habyts. You agree that you will use our software responsibly and accept and be liable for all the consequences of your actual usage and that you acknowledge that it is fair and reasonable because you control such usage, not Habyts. You agree not to use the Software in any way other than that expressly permitted by these Terms.

You acknowledge and understand that the Services contain confidential and proprietary information and that their copyright, trademarks, style, structure, features and functionality are and remain the property of Habyts.  You may not redistribute, reverse engineer or attempt to extract the source code of that software, license, copy, modify, remove, destroy or alter in any way any of our Services unless laws prohibit those restrictions or you have our written permission. Habyts trademarks and trade dress may not be used in connection with any product or service that is not Habyts, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Habyts. All other trademarks not owned by Habyts or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Habyts or its subsidiaries.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Habyts or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Habyts, with copyright authorship for this collection by Habyts, and protected by international copyright laws.

Submitting Information

While we try to make sure that our website and software are secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. You agree that any information you send us may be used by us as we see reasonably fit on a free-of-charge basis as we have no way of knowing whether such information is confidential, commercially sensitive or valuable. Therefore, we will not be legally responsible for keeping any information you provide to us confidential nor will we be legally responsible to you or anybody else for any use of such information. We are serious about protecting your privacy and will make reasonable efforts not to publish such information in a personally identifiable form without your permission.

Liability for our Services

We do our best to produce error free software but cannot provide any guarantees in relation to functionality and use. The Software has not been prepared to meet your individual requirements and it cannot be tested in every operating environment. It is your responsibility to make sure the Software and the Service described meets your requirements and is compatible with the electronic devices you wish to use the Software on.  Habyts is not and cannot be aware of the extent of any potential loss or damage to you resulting from any failure of the Software or Services to conform to its specification to provide the Service.

To the extent permitted by law, the total liability of Habyts, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).

In all cases, Habyts, and its suppliers and distributors, will not be liable for any business or non-consumer losses, or any loss or damage that is not reasonably foreseeable or were not caused by a breach on our part.

We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.

Modifying our Services

Habyts reserves the right to update these Terms at any time without notice to you. If Habyts make such amendments, they will be published on the Website and shall take effect from the date of such publication. If you are a registered subscriber of our Services we will notify you by email and or via a notification inside our Software.

By continuing to use the Services, you agree to be bound by any amendment made by us. If for any reason you do not agree with the new terms you have the right for a period of 30 days following their initial publication on an email, notification or the website to cancel your Contract in totality. This means you can terminate all of (and not part only of) the Licence and end your (and others connected with you) receipt of the Service and use of Software.

Cancel our Services

To cancel your subscription to any of our Services, you must either cancel through the Service itself, or with 5 working days notice send an email stating your name, address, email address to contact@habyts.com and clearly state you want to cancel and provide the reason for cancellation. After we have processed your request the Software will automatically stop working at the end of your subscription period.

When you do not pay the required subscription fee the relevant Service will also automatically be cancelled on the first day of the new subscription period.

Habyts provides a free trial period for you to test the suitability of the Service. If you are not happy with Habyts at anytime during or after your free trial, you can remove the Software at any time. After the free trial has ended, you may decide to subscribe to Habyts. Habyts will not refund a subscription once purchased. This applies to both Annual and Monthly subscriptions.

Third Party Content

Our Services including our website may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

Our Warranty and Disclaimers

Habyts warrants only to you, the person who has entered into this Contract, that the Service will be provided with reasonable skill and care, that the Software have the Functionality and be of their stated description as given on the Website and the date of your purchase thereof. Habyts makes no warranty whatsoever to any other person in relation to whom you may use or link the Software or Service.

Habyts is constantly updating its offerings of products and services shown as available on the Website and while we try to make sure that the Habyts website is accurate, up-to-date and free from errors, we cannot promise that it will be. It is also possible that products or aspects of the Service may occasionally be priced incorrectly, delayed or unavailable. The information on our website does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. Habyts does not warrant that the Software or the Service is virus or error free. You agree that Habyts shall not be liable for such matters to you.

We may suspend or terminate operation of the website or Software and other parts of our Services. We may also change these Terms or the terms of the Habyts’ Privacy Policy at any time as we see fit.

Habyts and its associates attempt to be as accurate as possible. However, Habyts does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Habyts itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY HABYTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. HABYTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HABYTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HABYTS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM HABYTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HABYTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Liability for our Services

When permitted by law, Habyts, and Habyts’ suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

To the extent permitted by law, the total liability of Habyts, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).

In all cases, Habyts, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.

We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.

The Privacy Policy shall be deemed incorporated into the Terms and in the event of any inconsistency between these Terms and any of the terms of the Privacy Policy, then the Terms shall prevail and take precedence. For more information on how we process your information, please also read our Privacy Policy.

You agree that you have read, understood and agree the Terms which are incorporated into our Services including our website.

Complaints and Disputes

Habyts takes complaints seriously. If you wish to raise any complaint about Habyts or its Service then please do so by sending an email to contact@habyts.com. We will try to resolve the complaint or dispute within 30 days of notification.

For the purposes of the Contracts (Rights of Third Parties) Act 1999, the Terms only apply to any person that is a party to this agreement. You may not assign, subcontract or transfer any right or obligation under the Terms.

About these Terms

You and Habyts agree that as Habyts is domiciled in England and that the Software and origin of Service provision and supply of Goods occurs in England then it is fair and reasonable that this Contract and its Terms are to be governed by the laws of England and Wales. It is also agreed by you that all disputes under this Agreement shall be subject to the exclusive jurisdiction of the High Court of England.

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