Below please find access to important legal information.

If you have any questions or concerns, feel free to email HabitAware’s CoFounder Aneela Idnani at aneela@habitaware.com. We will make every effort to resolve your concerns. Please note that if you are not 18 years of age or older, then you must have your parent or legal guardian’s permission to reach out. 

Thank you,

The HabitAware team

 
 

HABITAWARE, INC: PURCHASE ORDER TERMS & CONDITIONS

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Your purchase of the hardware component of the HabitAware product (the “Product”) is subject to these HabitAware Purchase Order Terms (the “Terms”).  You may also download a mobile application from HabitAware that works in conjunction with the Product (the “Application”). Your use of the Application shall be subject to both HabitAware licensing terms and the licensing terms established by the applicable mobile platform provider e.g. Apple or Google.

 1.  Purchase Price.  The price for the Product is set forth in the applicable HabitAware Website Order Form (the “Order Form”; the price or charge the “Price”).  The Price (and all applicable sales, use or value-added taxes and shipping charges) shall be paid by you by credit card or debit card accepted by HabitAware.  You shall provide HabitAware with true and accurate credit card or debit card account information as required by HabitAware to accept payment of the Price.  You hereby authorize HabitAware to use such information to debit, credit or authorize, as applicable, your credit card or debit card for payment of the Price.

 2.  Title to Product Title for Product passes to the purchaser at the time of delivery by HabitAware to the freight carrier, but HabitAware and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit.  Shipping and delivery dates are estimates only and cannot be guaranteed. HabitAware is not liable for any delays in shipments.

 3.  Product Warranty and Returns.  HabitAware warrants that the Product will be free from defects in materials and/or workmanship for a period of one hundred-eighty (180) days from the date of delivery of Product (“Warranty Period”). If a defect arises within the Warranty Period, then as your sole and exclusive remedy (and HabitAware’ sole liability), HabitAware will at its sole option either (a) repair the defect at no charge, or (b) replace the Product with a new product that is functionally equivalent to the original. You will be responsible for shipping costs associated with returning the Product to HabitAware and bear the loss during shipment.  HabitAware will be responsible for the cost of shipping the repaired Product or replacement Product to you.

This warranty does not apply to: (a) damage caused by failure to follow instructions relating to the Product; (b) damage caused by accident, abuse, misuse or neglect; (c) a Product or part that has been modified or combined with any other products, materials, or matter; (d) items intended to be periodically replaced by the purchaser during the normal life of the Product, including, without limitation, batteries; or (e) normal wear and tear. This warranty only extends to the original purchaser. 

If you plan to return the Product for any reason, you must notify HabitAware within ninety (90) days from the time of delivery. To initiate a return, you must contact HabitAware customer support. HabitAware will provide you with a Return Materials Authorization (“RMA”) that must be included with your return shipment to HabitAware.  You will be responsible for shipping costs associated with returning the Product to HabitAware and bear the loss during shipment. 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, HABITAWARE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY HABITAWARE OR ANY OF HABITAWARE’S SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY. IF HABITAWARE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

 4.  Limitation of Liability.  HABITAWARE SHALL NOT BE LIABLE FOR (A) ANY INCIDENTAL, CIRCUMSTANTIAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER DIRECT OR INDIRECT, OR (B) ANY AMOUNTS IN EXCESS OF THE PURCHASE PRICE FOR THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU MUST CONTACT HABITAWARE WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE. 

 5.  Reservations and Pre-orders. Product available for pre-order are offered for sale by HabitAware. Your placement of a reservation and pre-order creates a contract for sale subject to these Terms. HabitAware will obtain authorization from your bank or credit card company and may capture payment any time after you place a reservation and pre-order and HabitAware accepts such order.  You may not cancel your order to purchase Products after your order is placed and accepted by the Company. You will receive an email several days prior to the shipment of your purchased Products.  HabitAware reserves the right to cancel or refuse any order for any reason at any time, including after an order has been submitted, whether or not the order has been confirmed. 

 6. General Terms. These Terms, along with the Order Form, which is hereby incorporated by reference, represents our entire agreement regarding your purchase of the Product.   If any part of one or more of these Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will to that extend be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms will remain in full force and effect. Failure or delay by us to enforce any these Terms will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.  HabitAware will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond HabitAware’s reasonable control. These Terms are governed by the laws of the State of Minnesota without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for Hennepin County, Minnesota for the purpose of litigating all such claims or disputes.

 
 

HabitAware, INC.: PRIVACY POLICY

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The HabitAware, Inc. (“we,” “us,” “our,” or “Habitaware”) founding team believes in the golden rule and would never do anything to disrespect your privacy. We know that you care about how your personal information is used and shared and we take your privacy very seriously. We will never sell nor rent your Personal Information to anyone. We use and disclose Personal Information only as follows:

  • in the normal course of our business, to provide services and activities to our users
  • to anonymously analyze usage, in the aggregate, of our Digital Properties and improve the services we provide
  • to deliver any administrative notices, alerts and communications to our users relevant to use of our Digital Properties
  • to respond to or fulfill user requests
  • for internal research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity
  • to third-party contractors that provide services to Provider
  • to enforce the Terms; and as otherwise set forth in this Privacy & Security Policy.

 

SECTION 1: YOUR ACCEPTANCE

1.0 Consent

This Privacy Policy covers HabitAware’s treatment of personally identifiable information (“Personal Information”) that we gather when you access our website, and any other linked pages, features, content, or application services (including mobile applications) (collectively, the “Digital Properties”) and when you use our services. This policy does not apply to the practices of companies that HabitAware does not own or control, or to individuals that HabitAware does not employ or manage. The Digital Properties may contain links to other sites. HabitAware is not responsible for the privacy policies and/or practices on these other sites. When linking to another site a user should read the privacy policy on that site.

 

Please read our privacy policy carefully to get a clear understanding of how we collect, use or otherwise handle your personal information. By visiting, accessing or using the http://www.habitaware.com website, and other “Digital Properties” offered from time to time by HabitAware, or using any of our services, you acknowledge that you accept the policies and practices outlined in this Privacy Policy (“Privacy Policy”, as well as those policies outlined in our Terms & Conditions (“Terms”). 

If you do not agree to the Terms or Privacy Policy in their entirety, please do not use the services HabitAware provides.

 

1.1 Changes to the Terms

HabitAware may make changes to these Terms from time to time. Changes take effect immediately upon posting. It is the Users responsibility to check for updates. Users are bound by any changes to the Privacy Policy when he or she uses our Digital Properties after such changes have been first posted.

 

SECTION 2: PERSONAL INFORMATION

2.0 What Personal Information is Requested from Users? 

We request certain personal information to allow our users to get the most benefit from the activities and services offered on our Digital Properties, as well as to allow our users to personalize their experience on these properties. We collect information from you when you register on our site, subscribe to our newsletter or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, credit card information.

 

2.1 How does HabitAware use this Personal Information?

We receive and store any information you enter on our website or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. Any of the information we collect from you may be used in one of the following ways:

  • To personalize your experience – your information helps us to better respond to your individual needs
  • To improve our website – we continually strive to improve our website offerings based on the information and feedback we receive from you
  • To improve customer service – your information helps us to more effectively respond to your customer service requests and support needs
  • To process transactions – Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
  • To administer a contest, promotion, survey or other site feature
  • To send periodic emails
  • The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc. When you receive e-mail from HabitAware, you can opt out of receiving further e-mails by following the included instructions to unsubscribe. You can also opt out of these communications within your account settings or by sending us an email at hello@habitaware.com.

 

2.2 What Personal Information Is Collected Automatically?

We receive and store certain types of information whenever you interact with or use the services available on our Digital Properties. Some of this information is collected through third parties. HabitAware automatically receives and records information on our server logs from your computer browser or mobile device including IP address, device ID or other persistent identifiers, cookie information, browser information, operating system, timestamps, the pages you request, and the action and path you take on the Digital Properties. Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our Digital Properties and how they use its various components. HabitAware only uses this data in aggregate form, that is as a statistical measure and not in a manner that would identify you personally. This information enables us to figure out how users use parts of the Digital Properties so that we can make our Digital Properties appealing to as many users as possible, and improve our products offerings.

 

2.4 What are Cookies? 

Cookies are alphanumeric identifiers that we transfer to your computer’s (or other device’s) persistent storage medium (e.g., hard drive) through your browser or device to enable our systems to recognize your browser and tell us how and when pages on our Digital Properties are visited and by how many people. We use cookies to enhance visitors’ experiences, to learn more about their use of the Digital Properties and to improve quality.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can do this through your web browser settings. Each browser is a little different, so please look at your browser’s help menu to lear the correct way to modify your cookies. We do not track signals and do not track, plant cookies or use advertising when a Do Not Track (DNT) browser mechanism is in place. However, we strongly recommend that you leave the cookies activated, because cookies enable you to take advantage of some of our Digital Properties’ most attractive features.

 

SECTION THREE: THIRD PARTIES AND YOUR PERSONAL INFORMATION

3.0 Third Party Links

Occasionally, at our discretion, we may include or offer third party products or services on our Digital Properties. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites. 

 

3.1 Third Party Disclosure of Personal Information

We do not sell, trade, or otherwise transfer your personal information to outside parties. This does not include website hosting partners and other partners who support us in the operating our Digital Properties and Services. However non-personally identifiable visitor information may be provided to other parties for marketing, advertising or other uses.

 

3.2 Disclosure of Personal Information To Protect Our Rights or If Required by Law

HabitAware reserves the right to share or disclose your Notwithstanding the foregoing, Provider reserves the right (and you authorize Provider) to share or disclose your Personal Information when we determine, in our sole discretion, that the disclosure of such information is necessary or appropriate:

  • To enforce our rights against you or in connection with a breach by you of this Privacy & Policy or the Terms;
  • To prevent prohibited or illegal activities; or
  • When required by any applicable law, rule, regulation, subpoena or other legal process.

 

3.3 Changes Due to Change of Control

Personal Information data may be transferred to a third party as a result of a sale, acquisition, merger, reorganization or other change of control. If we sell, merge or transfer any part of our business, part of the sale may include your Personal Information. If so, strict control protections willing be mandated to protect your Personal Information consistent with this Privacy Policy.

 

SECTION 4: ADDITIONAL COMPLIANCE 

4.1 California Online Privacy Protection Act Compliance (CalOPPA)

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

 

4.2 Children's Online Privacy Protection Act Compliance (COPPA)

We are in compliance with the requirements of COPPA, we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

 

SECTION 5: GENERAL NOTES REGARDING THIS PRIVACY POLICY 

5.0 Contact us with Your Questions or Concerns

If you have any questions or concerns regarding privacy on our Digital Properties, please send a detailed message to HabitAware’s CoFounder Aneela Idnani via email at aneela@habitaware.com, write to us at Privacy Compliance, HabitAware, Inc., 7204 W 27th Street, Suite 10, St. Louis Park, MN 55426 or telephone us at (952) 807-9162. We will make every effort to resolve your concerns. Please note that if you are not 18 years of age or older, then you must have your parent or legal guardian’s permission to call us. 

5.1 Effective Date

Last Edited: Sept, 15, 2017

Created:      April 9, 2015

 
 

HABITAWARE, INC.: IMAGE ATTRIBUTION

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THANK YOU

The following images, icons and music are licensed as Creative Commons – Attribution (CC BY 3.0). Some assets were adapted for use on on HabitAware digital properties. Thank you to these talented designers, photographers and musicians for allowing us to use their artwork:

Wrench Icon created by Norbet Kucsera (adapted)

Infographic Icon created by Garrett Knoll (adapted)

Pinch Icon created by Julie Muckensturm

Mobile Phone Blocked created by arjuazka (adapted)

Plane created by Made Somewhere

Boxes by Joshua Ganyon

Collect by Schmidt Sergey

Arduino by Ivan Becerra

Family by IconDots

"A New Beginning" and "Energy" music soundtracks via Ben Sound

Various icons by Gan Khoon Lay (adapted)

"Man" by Little Squid (adapted)

"Spiral Arrow" by Federico Panzano

"Review" by Alexander Bickov