Terms & Conditions

Please read these Terms & Conditions ("Terms") carefully before using Habit Tracker — Wellness Tracker ("Habit Tracker", "App", "we", "our", "us"), developed by Dhruvisha Jagani.

By downloading, installing, or using Habit Tracker, you agree to be bound by these Terms. If you do not agree, do not download or use the App.

1. About the App

Habit Tracker is a Health & Fitness mobile application available on Android (Google Play Store) and iOS (Apple App Store). It helps users track mood, habits, sleep, menstrual cycles, hydration, breathing exercises, and wellness scores through in-app logging and local notification reminders.

Habit Tracker is intended for general wellness and personal lifestyle tracking purposes only. It is NOT a medical device, clinical tool, or health information system. It does not provide medical advice, diagnosis, treatment, or clinical profiling of any kind. Always consult a qualified healthcare professional for medical concerns.

2. Eligibility & User Responsibility

By using Habit Tracker, you confirm that:

• You are at least 13 years of age (or at least 16 years of age if you are located in the European Economic Area or United Kingdom)
• If you are under the age of majority in your region, you have obtained consent from a parent or legal guardian
• You will use the App only for lawful, personal, non-commercial purposes
• All information you enter into the App is for your own personal wellness tracking

Habit Tracker is not intended for use by children under 13. If we become aware that a child under 13 has used the App, we will take appropriate action in accordance with our Privacy Policy.

3. License to Use

Subject to these Terms, Dhruvisha Jagani grants you a limited, non-exclusive, non-transferable, revocable license to download and use Habit Tracker on your personal device solely for your personal, non-commercial wellness tracking purposes.

You may NOT:

• Copy, modify, distribute, sell, or sublicense any part of the App
• Reverse engineer, decompile, or disassemble the App
• Use the App for commercial purposes without prior written consent
• Attempt to gain unauthorized access to any part of the App or its connected services
• Use the App in any way that violates applicable local, national, or international laws
• Interfere with or disrupt the integrity or performance of the App or its third-party services

5. User Data & Privacy

Your use of Habit Tracker is also governed by our Privacy Policy. Key points:

• All wellness data you enter is stored locally on your device only — it is never uploaded to our servers.
• We do not collect personal identity information such as your name, email, or phone number.
• We use Google Firebase Analytics solely for pseudonymous technical analytics to improve the App.
• We use Firebase Cloud Messaging (FCM) solely for app-level announcements and update notices.
• All wellness reminders are delivered via local on-device notifications — no internet is required.
• The App is free and supported by advertising (see Section 7); you can remove ads through an optional in-app purchase (see Section 8). Ads are never targeted using your health or wellness data.
• Habit Tracker does not sell, rent, or share wellness data for advertising or data brokerage purposes.
• Wellness data you enter remains your own. We claim no ownership over any personal wellness data you input into the App.
• While we implement reasonable technical and organizational safeguards to protect locally processed data and connected services, no method of electronic storage or transmission is completely secure.

By using Habit Tracker, you acknowledge and accept the data practices described in our Privacy Policy.

6. Notifications

Local Notifications: All wellness reminders (habit nudges, hydration alerts, mood check-ins, etc.) are delivered as local on-device notifications. These are scheduled entirely on your device without any internet connection. You can enable or disable them from within the App or from your device's OS notification settings.

FCM Notifications: We may send app-level messages such as update announcements, policy changes, or important service notices via Firebase Cloud Messaging (FCM). These require your device notification permission. You can disable them at any time from your OS-level notification settings.

7. Advertising

Habit Tracker is free to download and is supported by advertising. We use Google AdMob and Meta Audience Network (via AdMob mediation) to display ads within the App.

• Ad partners may process your device advertising identifier, IP address (coarse/country-level), device information, and ad-interaction data to serve, cap, measure, and secure ads.
• In the EEA / UK / Switzerland, we show a Google-certified consent form before serving personalized ads. On iOS, we request permission via App Tracking Transparency (ATT). If you do not consent, you will see non-personalized ads.
• You can change your ad-personalization choice at any time in your device settings, and you can remove all ads by purchasing the ad-free option (see Section 8).
• Ads are never targeted using your health or wellness data, and ad content is limited to a general-audience rating.

Advertising is provided by Google and Meta under their own terms and privacy policies, which are referenced in our Privacy Policy.

8. In-App Purchases

Habit Tracker offers an optional in-app purchase (for example, a one-time premium/ad-free upgrade). The following apply:

• All prices and purchase terms are shown in the App at the point of purchase and are charged in your local currency where available.
• Purchases are processed entirely by the Apple App Store or Google Play; we do not receive or store your payment card details. Entitlement status is managed via RevenueCat.
• The premium upgrade is a one-time purchase and is not an auto-renewing subscription. If any subscription-based option is offered in the future, its renewal and cancellation terms will be disclosed at purchase and managed through your app store account.
• You can restore a previous purchase from within the App on the same store account.
• Refunds, cancellations, and billing disputes are handled by the app store under its policies and applicable consumer-protection law. We do not directly process refunds.

9. Third-Party Services

Habit Tracker uses the following third-party services to operate:

• Google Firebase (Analytics, Cloud Messaging, Remote Config, Firestore) — pseudonymous technical analytics, push notifications, remote configuration, and feedback handling.
• Google AdMob — advertising.
• Meta Audience Network — advertising (mediation).
• RevenueCat — in-app purchase and entitlement management.
• Apple App Store / Google Play — app distribution and purchase processing.

These services operate under their own terms and privacy policies, and we encourage you to review them carefully. By using Habit Tracker, you acknowledge that these services may process limited pseudonymous technical data and advertising data as described in our Privacy Policy.

We have selected service providers that offer appropriate data protection safeguards and security measures in accordance with applicable privacy laws. We do not use data-broker services or social-media login SDKs.

10. Intellectual Property

All content, design, graphics, logos, user interface elements, and code within Habit Tracker are the exclusive intellectual property of Dhruvisha Jagani and are protected by applicable copyright, trademark, and intellectual property laws.

You are granted a limited personal license to use the App as described in Section 3. No ownership, rights, or title in the App or its content is transferred to you. You may not reproduce, distribute, or create derivative works from any part of the App without our express written permission.

11. Prohibited Conduct

When using Habit Tracker, you agree NOT to:

• Use the App for any unlawful purpose or in violation of any applicable laws or regulations.
• Attempt to extract, scrape, or harvest data from the App or its services.
• Upload or transmit any harmful, offensive, or illegal content through the App.
• Attempt to interfere with or compromise the App's security or connected services.
• Use automated tools, bots, or scripts to interact with the App.
• Impersonate any person or entity or misrepresent your affiliation.
• Use the App in any manner that could damage, disable, overburden, or impair our services.

Users must not use Habit Tracker to create, share, distribute, or engage in any content or activity that exploits or abuses children, including child sexual abuse and exploitation (CSAE) of any kind.

12. Disclaimer of Warranties

Habit Tracker is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose.
• Warranties that the App will be uninterrupted, error-free, or free of viruses.
• Warranties regarding the accuracy, completeness, or reliability of any information in the App.
• We do not guarantee that Habit Tracker will always be available, uninterrupted, or compatible with all devices, operating systems, or future platform updates.
• We do not warrant that the App will meet your specific requirements or that any defects will be corrected.

Your use of the App is entirely at your own risk.

13. Limitation of Liability

To the maximum extent permitted by applicable law, Dhruvisha Jagani shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages.
• Loss of data, wellness records, or personal information due to device failure, App errors, or uninstallation.
• Health decisions made based on information tracked or displayed in the App.
• Damages arising from use of or inability to use the App.
• Damages resulting from unauthorized access to your device, operating system, or locally stored data.

In jurisdictions that do not allow the exclusion of certain warranties or limitation of liability, our liability is limited to the maximum extent permitted by law.

Habit Tracker is free to download and offers optional in-app purchases. To the extent our liability cannot be excluded, our aggregate liability to you is limited to the greater of (a) the total amount you paid for in-app purchases in the 12 months preceding the claim, or (b) the minimum amount required by applicable law.

We are not responsible for delays, interruptions, or failures caused by events beyond our reasonable control, including internet outages, operating system changes, platform restrictions, cyberattacks, natural disasters, governmental actions, or failures of third-party services.

14. Indemnification

You agree to indemnify, defend, and hold harmless Dhruvisha Jagani from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use or misuse of the App.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Any health decision made based on information displayed in the App.

15. App Store & Platform Terms

Google Play Store: If you downloaded Habit Tracker from the Google Play Store, your use of the App is also subject to Google Play's Terms of Service. In the event of any conflict between these Terms and Google Play's Terms, Google Play's Terms shall govern with respect to your use of the Play Store platform.

Apple App Store: If you downloaded Habit Tracker from the Apple App Store, your use of the App is also subject to Apple's Media Services Terms and Conditions. Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance, support, or warranty services for the App. In the event of any conflict between these Terms and Apple's terms, Apple's terms shall govern with respect to your use of the App Store platform.

Dhruvisha Jagani, not Apple or Google, is solely responsible for Habit Tracker and its content.

16. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the use of Habit Tracker, you agree to first contact us at support@nextwaveinfotech.com to seek an informal resolution. We will attempt to resolve the dispute within 30 days of receiving your notice.

If informal resolution fails, disputes shall be subject to the exclusive jurisdiction of the competent courts of India, unless otherwise required by applicable consumer protection laws in your region.

Users in the EEA/UK retain the right to bring claims before their local courts under applicable consumer protection laws and are not required to submit to Indian jurisdiction for such claims.

17. Consumer Rights

Nothing in these Terms limits or excludes any rights you have as a consumer under applicable mandatory consumer protection laws in your country or region, including but not limited to:

• EU / EEA consumer rights under Directive 2011/83/EU and applicable national laws.
• UK consumer rights under the Consumer Rights Act 2015.
• Indian consumer rights under the Consumer Protection Act 2019.
• Australian consumer rights under the Australian Consumer Law.
• California consumer rights under the CCPA/CPRA.

Habit Tracker is free to download. For optional in-app purchases, your rights of withdrawal, refund, and cancellation are handled by the app store (Apple or Google) in accordance with their policies and any mandatory consumer-protection law that applies to you.

18. Termination

You may stop using Habit Tracker at any time by uninstalling the App from your device. Uninstalling the App or clearing app storage will generally remove wellness data stored locally on your device, unless your operating system or backup service preserves application data.

Since wellness data is stored locally on your device and is not stored on our servers, no separate deletion request to us is necessary.

We reserve the right to suspend or terminate access to the App (including via platform-level removal from app stores) at any time, without notice, if we determine that:

• These Terms have been violated.
• Continued operation of the App creates legal or regulatory risk.
• Technical or safety reasons require suspension.

Upon termination, the license granted to you under Section 3 immediately ceases. Sections 4, 8, 10, 12, 13, 14, 15, 16, and 17 survive termination.

19. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the effective date above. For significant changes, we will notify you via an in-app notice before they take effect.

Your continued use of Habit Tracker after updated Terms are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App and uninstall it.

20. Severability & Entire Agreement

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Dhruvisha Jagani regarding your use of Habit Tracker and supersede all prior agreements relating to the same subject matter.

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