Smart Habits App Terms of Use

These Terms of Use govern your use of Smart Habits app and our website located at https://quantifyapp.com, and any related services provided by akda pty ltd.

When you use Smart Habits app, you agree to abide by these Terms of Use and to comply with all applicable laws and regulations. If you do not agree with these Terms of Use, you are prohibited from further using the app, accessing our website, or using any other services provided by akda pty ltd.

If you access or download Smart Habits app from Apple App Store you agree to any Usage Rules set forth in the App Store Terms of Use.

We, akda pty ltd, reserve the right to review and amend any of these Terms of Use at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Use will take effect immediately from the date of publication.

These Terms of Use were last updated on 7 December 2021.

Limitations of Use

By using Smart Habits app and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Use, and your users that you will not:

  1. modify, copy, prepare derivative works of, decompile, or reverse engineer Smart Habits app or any materials and software contained within Smart Habits app or on our website;
  2. remove any copyright or other proprietary notations from Smart Habits app or any materials and software contained within Smart Habits app or on our website;
  3. transfer Smart Habits app or any of its associated materials to another person or “mirror” the materials on any other server;
  4. knowingly or negligently use Smart Habits app or any of its associated services in a way that abuses or disrupts our networks or any other service akda pty ltd provides;
  5. use Smart Habits app or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  6. use Smart Habits app or its associated services in violation of any applicable laws or regulations;
  7. use Smart Habits app to send unauthorized advertising or spam;
  8. harvest, collect, or gather user data without the user’s consent; or
  9. use Smart Habits app or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials in Smart Habits app and on our website are owned by or licensed to akda pty ltd. You may download Smart Habits app, to view, use, and display the application on your mobile device for your personal use only.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Use, and may be terminated by akda pty ltd at any time.

Automatic Updates

You give us permission to download and install updates to Smart Habits app on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting Smart Habits app from your device.

Liability

Smart Habits app and the materials in Smart Habits app and on our website are provided on an ‘as is’ basis. To the extent permitted by law, akda pty ltd makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall akda pty ltd or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use Smart Habits app, our website, or any other services provided by akda pty ltd or the materials in Smart Habits app, even if akda pty ltd or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing in Smart Habits app or on our website are not comprehensive and are for general information purposes only. To the extent permitted by law, akda pty ltd does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in Smart Habits app or on our website, or otherwise relating to such materials or on any resources linked to Smart Habits app and our website.

Links

akda pty ltd has not reviewed all of the sites linked to Smart Habits app or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by akda pty ltd of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Notice regarding Apple

To the extent that you are using or accessing Smart Habits app on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Use are between you and akda pty ltd only, not with Apple Inc. (Apple), and Apple is not responsible for Smart Habits app and any materials available in Smart Habits app.

Apple has no obligation to furnish you with any maintenance and support services with respect to Smart Habits app.

If Smart Habits app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Smart Habits app and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to Smart Habits app or your use of Smart Habits app, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using Smart Habits app, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary of these Terms of Use.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Right to Terminate

We may suspend or terminate your right to use Smart Habits app and these Terms of Use immediately upon written notice to you for any breach of these Terms of Use.

Severance

Any term of these Terms of Use which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Use is not affected.

Governing Law

These Terms of Use are governed by and construed in accordance with the laws of Australia. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.