Terms of Use for HabitPocket
This is a translation. If the versions differ, the German version prevails.
1. Provider and scope
These terms apply to the use of the HabitPocket app and the optional account with sync and cloud backups. The provider is Real Movement Analytics GmbH, Kleines Everstal 18d, 44388 Dortmund, Germany (legal notice). The terms of the store you get the app from also apply to the download and to purchases: in the App Store, Apple's Standard License Agreement (EULA), on Google Play, the Google Play Terms of Service.
2. Services
HabitPocket is a habit tracker. The core features are free and work without an account: unlimited habits, all habit types, reminders, widgets, Health integration, app lock, and export and import.
HabitPocket Pro adds sync across several devices, cloud backups and extended statistics. Pro is available as a monthly or yearly subscription or as a one-time purchase (lifetime). The app shows prices and terms before you buy.
3. Purchases and subscriptions
Sales, payment, renewal, cancellation and refunds are handled by Apple or Google. Your statutory rights against us (Section 4) remain unaffected. Subscriptions renew automatically until you cancel them. You cancel in the subscription management of the store where you bought. The rules of that store apply:
- App Store: You must cancel at least 24 hours before the next renewal. Otherwise the subscription renews once more.
- Google Play: You can cancel at any time. The subscription then no longer renews; Pro stays available until the end of the period already paid for.
A free trial turns into a paid subscription unless you cancel it beforehand under these rules. Deleting the app or your HabitPocket account does not end a subscription.
Regardless of the store rules: a subscription that has renewed after its first term continues for an indefinite period and can be cancelled at any time with a notice period of no more than one month (Section 309 no. 9 German Civil Code, BGB). If the store's subscription management does not offer this, write to us at habitpocket@punktdev.com.
4. Your statutory rights
Your statutory right of withdrawal for purchases follows the terms of the store where you bought, and you exercise it there. It is separate from a voluntary refund. For a subscription it does not end just because Pro is unlocked, since services like sync run for the whole term.
You request voluntary store refunds from the respective store. You can assert statutory claims against us, in particular for defects, price reduction or termination of the contract, directly with us, most easily by email to habitpocket@punktdev.com. They do not depend on a refund decision by the store.
5. Account
You create an account by signing in with Apple or Google. You are responsible for protecting access to your devices. You can remove connected devices in the app and delete your account at any time.
6. Your data
Your content belongs to you. We only use it to provide sync and backups (see privacy policy). You can export habits, schedules, entries and notes at any time (JSON or CSV); settings, reminder times, Health links and widgets are not part of the export. Please back up important data regularly; locally stored data is lost if you uninstall the app without a backup.
7. Use of the app
The app and website, including texts, graphics, icons and software, are protected by copyright. You may use HabitPocket for your own purposes within the app's features. Beyond that you need our prior consent, for example to copy, modify, redistribute or commercially exploit the app or parts of it. Section 6 applies to your own content. Uses permitted by law and rights under the licences of third-party software, fonts and other components used remain unaffected. You can find the open source software used in the app under "Open source licenses".
8. Availability and development
The app works locally and does not depend on our server. We provide sync and cloud backups with reasonable care but cannot promise uninterrupted availability. During maintenance or outages you keep using the app locally. The app resends changes that have not been transferred yet later, as long as your account and sync exist. Your statutory rights remain unaffected.
If an app version becomes too old for the sync server, the app tells you. Local features remain available.
We keep developing HabitPocket with updates. Updates required by law remain guaranteed. We may develop Pro technically and add features as long as its scope, access and usability are preserved, at no extra cost and with clear information. Protected are the Pro features described at purchase or bindingly promised to you later: we do not take them away or worsen them. This applies permanently for lifetime and for a subscription as long as it runs. New features that were not promised may be offered separately for a fee. This promise does not guarantee an unchanged subscription price; price changes go through the store under its rules.
Technical development alone does not justify restricting features. Restrictions are only made where mandatory legal requirements demand it, a concrete security risk requires it or a necessary third-party service is discontinued and no reasonable alternative exists, and only to the extent necessary. Sync may require installing an update we provide; the app then tells you what no longer works without it. Statutory rights to end a contract for good cause and the statutory rules on impossibility remain unaffected, as do your resulting claims.
If a change impairs access or usability more than insignificantly, we inform you in good time beforehand on a durable medium about the characteristics and timing of the change and your statutory right to end the contract free of charge within 30 days (Section 327r BGB). The period starts when you receive the information or, if the change happens later, when the change happens. We announce the change at least 30 days ahead. If you have a HabitPocket account, we send the information by e-mail to your account address. We also publish it on habitpocket.com. Without an account, we e-mail it to you on request at habitpocket@punktdev.com. The statutory exceptions remain unaffected, for example if you can keep using Pro unchanged at no extra cost.
9. Health
HabitPocket is not a medical device and does not replace medical advice. Habits about nutrition, exercise, sleep or medication only help you organise yourself.
10. Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health and under the German Product Liability Act. For slightly negligent breaches of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.
11. Changes and final provisions
For existing contracts we only change these terms with your consent, unless the law allows a change without consent. Publishing new terms alone does not change your existing contract.
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection rules of your country of residence remain unaffected. This is a translation of the German version, which prevails in case of discrepancies.