Legal
End User License Agreement
This End User License Agreement ("EULA") is a legal agreement between you and Zordon Intelligence spółka z ograniczoną odpowiedzialnością for the ProperHabit iOS application (the "app"). By downloading or using the app, you agree to this EULA.
1. Relationship to Apple's Standard EULA
The licence for the ProperHabit app distributed through the Apple App Store is governed by the Apple Licensed Application End User License Agreement (the "Apple Standard EULA") — the terms Apple presents to you when you download the app — and by this EULA. This EULA sets out additional terms that apply alongside the Apple Standard EULA and do not replace it.
You acknowledge that this EULA is concluded between you and us only, and not with Apple. We — not Apple — are solely responsible for the app and its content. Where this EULA conflicts with the Apple Standard EULA, the mandatory terms of the Apple Standard EULA prevail to the extent of the conflict.
This EULA covers the licence to the app. Purchases made in the App Store are governed separately by the Apple Media Services Terms and Conditions, and the way you may use the app more broadly is described in our Terms of Use.
2. Licence grant
Subject to this EULA, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and use the app on Apple-branded products that you own or control, for your personal, non-commercial purposes.
The licence is limited to use of the app as permitted by the App Store Terms of Service and by the usage rules in the Apple Media Services Terms and Conditions. The app is licensed to you, not sold.
3. Licence restrictions
You may not:
- sell, rent, lease, lend, sublicense, distribute or otherwise transfer the app or make it available to any third party;
- reverse-engineer, decompile, disassemble or attempt to derive the source code of the app, except to the extent that this restriction is expressly prohibited by applicable law or permitted by the app's open-source licences;
- copy, modify, translate, adapt or create derivative works of the app;
- remove, obscure or alter any copyright, trademark or other proprietary notice in the app;
- circumvent, disable or tamper with any technical protection measure, entitlement check or usage limit in the app;
- use the app for any unlawful purpose, or in violation of Apple's usage rules.
4. Premium features and purchases
The app is free to use for up to six habits. Optional ProperHabit Premium unlocks unlimited habits, automatic completion from Apple Health, iCloud sync and data export. Premium is offered as three App Store products:
- ProperHabit Premium (monthly) — an auto-renewable subscription with a period of 1 month;
- ProperHabit Premium (annual) — an auto-renewable subscription with a period of 1 year, including a 7-day free trial;
- ProperHabit Premium (lifetime) — a one-time, non-consumable purchase that does not renew.
All purchases are processed by Apple and are subject to Apple's terms. Access to Premium depends on a valid entitlement verified by Apple's StoreKit. Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period, and can be managed or cancelled in your Apple Account settings. The full disclosure — including current reference prices, the free-trial terms, and how to cancel and request a refund — is in our Terms of Use, section 4 and on the Support page.
5. Intellectual property
The app, including its source code, design, user interface, graphics, icons, text and documentation, is owned by us or our licensors and is protected by copyright and other intellectual-property laws. This EULA grants you a licence only; it does not transfer any ownership. All rights not expressly granted are reserved.
The name "ProperHabit", the app icon and the associated marks are our trademarks. Apple, iPhone, iPad, Apple Watch, HealthKit, iCloud and App Store are trademarks of Apple Inc.
6. Data and privacy
The app is local-first: your habits and history are stored on your device and are never sent to us. Our Privacy Policy explains exactly what we do and do not do with data, including how Apple Health integration works and how to delete everything. The Privacy Policy forms part of this EULA by reference.
You are responsible for your own backups. Because we never receive your data, we cannot restore it if it is lost.
7. Maintenance, support and updates
We — not Apple — are solely responsible for providing maintenance and support for the app, as further specified in the Apple Standard EULA. Apple has no obligation whatsoever to furnish any maintenance or support services for the app.
Support is provided by email at hi@zordonintelligence.pl; see the Support page. We may release updates that fix issues, change features or add functionality. Some updates may require a minimum iOS version.
8. No warranty
The app is provided "as is" and "as available", with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, we disclaim all warranties, whether express, implied or statutory, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy and non-infringement.
We do not warrant that the app will be uninterrupted, error-free or free of harmful components, or that it will meet your requirements or produce any particular result.
In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the app (if any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are our sole responsibility.
Nothing in this section limits any statutory warranty or consumer right that cannot be excluded under the law that applies to you.
9. Limitation of liability
To the maximum extent permitted by applicable law, in no event shall we be liable for personal injury, or for any incidental, special, indirect, consequential or punitive damages whatsoever, including damages for loss of profits, loss of data, loss of goodwill, business interruption or any other commercial damages or losses, arising out of or related to your use of, or inability to use, the app.
Our total aggregate liability is limited to the greater of (a) the amount you actually paid for the app and any Premium purchase in the twelve months preceding the claim, and (b) the minimum amount required by applicable law.
We do not exclude or limit liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot lawfully be excluded. Mandatory consumer protections are unaffected.
10. Product claims and legal compliance
You acknowledge that we, and not Apple, are responsible for addressing any claims you or any third party may have relating to the app or your possession and use of it, including: (a) product-liability claims; (b) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer-protection, privacy or similar legislation.
In the event of a third-party claim that the app or your possession and use of it infringes that third party's intellectual-property rights, you acknowledge that we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of the claim.
You represent and warrant that (a) you are not located in a country subject to a US Government embargo or designated by the US Government as a "terrorist supporting" country, and (b) you are not listed on any US Government list of prohibited or restricted parties. You must comply with all applicable third-party terms when using the app — for example, your mobile-network operator's data terms and Apple's HealthKit and iCloud terms.
11. Termination
This licence is effective until terminated. Your rights under it end automatically, without notice, if you fail to comply with any of its terms. You may also terminate it at any time by deleting the app from all your devices.
On termination you must stop all use of the app and delete it. Termination does not entitle you to a refund from us, does not cancel any subscription (which you must cancel with Apple), and does not affect the survival of the sections that by their nature should survive, including sections 5, 8, 9, 10 and 12.
12. Apple as third-party beneficiary
You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary of it.
Nothing in this EULA imposes any obligation on Apple beyond those set out in the Apple Standard EULA and the Apple Media Services Terms and Conditions.
13. Governing law
This EULA is governed by the law of the Republic of Poland, without prejudice to any mandatory consumer protection of your country of residence that applies to you. If you are a consumer, the jurisdiction rules that apply to you are described in the Terms of Use, section 12.
For German-speaking users, the following notice applies: this EULA is governed by Polish law; however, if you are a consumer habitually resident in Germany, you additionally enjoy the mandatory protection of German law.
14. Contact
Questions about this EULA:
- hi@zordonintelligence.pl
- Licensor
- Zordon Intelligence spółka z ograniczoną odpowiedzialnością, ul. Piotrkowska 270, 90-361 Łódź, Poland
- Registration
- KRS 0001190915 · NIP 7252358503 · REGON 542545843
See also the Terms of Use, the Privacy Policy and the Support page.