Habitica

On 2022-06-05 16:18:48 UTC, egarcia1360 ^(19262) wrote:

Terms of Service

Last Updated: December 14, 2021

Thanks for choosing Habitica!

Our Service is provided by HabitRPG, Inc. ("HabitRPG"). By accepting these Terms of Service and our Privacy Policy located at: https://habitica.com/static/privacy (collectively, the "Agreement"), registering for the Service (as defined below), accessing or using any part of the Service, or otherwise manifesting your assent to the Agreement, you acknowledge that you have read, understood, and agree to be legally bound by the Agreement. If you do not agree to (or cannot comply with) the Agreement, you are not permitted to access or use the Service.

By accepting or agreeing to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

THE SECTIONS BELOW TITLED "BINDING ARBITRATION," AND "CLASS ACTION WAIVER" CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Changes to the Terms of Service

These Terms of Service are effective as of the last updated date stated at the top of this page. We may change these Terms of Service from time to time with or without notice to you. By accessing the Service after we make any such changes to this Terms of Service, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the information collected is governed by the Terms of Service in effect at the time we collect the information. Please refer back to this Terms of Service on a regular basis.

Our Service allows you to upload, store, send, download, or receive content, including but not limited to information, text, graphics, artwork, or other material ("Content"). You retain ownership of any intellectual property rights that you have in your Content. You hereby grant HabitRPG a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, non-exclusive, and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import your Content, including all intellectual property rights therein. You represent, warrant, and agree that your Content does not and will not violate any third-party intellectual property, privacy, or other rights, and that you have all right, title and interest in and to your Content required to grant us the license above. We reserve the right at all times, but have no obligation, to delete or refuse to use or distribute any Content on or through the Service, including your Content.
Ideas and Suggestions/Requests

HabitRPG appreciates receiving your ideas, comments, suggestions and requests regarding the Service ("Unsolicited Ideas"). By submitting your Unsolicited Ideas (in any form or medium), you are transferring all your right, title and interest therein exclusively to HabitRPG. As the owner of Unsolicited Ideas, we have unrestricted rights to use, disclose and process the Unsolicited Ideas for any purpose whatsoever without any compensation to you. You also give up any claim that any use, disclosure and processing by us or our licensees of your Unsolicited Ideas violates any of your rights, including moral rights, privacy rights, rights to publicity, proprietary or other rights, and rights to credit for the material or ideas set for therein.
Software in Our Service

When the Service requires or includes downloadable software ("Software"), it may may update automatically on your device once a new version or features become available to you. Some platforms may let you adjust your automatic update settings.

HabitRPG hereby grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software provided by HabitRPG as part of the Service. You may not copy, modify, distribute, sell, or lease any part of our Service or included Software you are explicitly allowed to do so by the GPL-3.0 license, or you have our written permission for those parts not covered by the open source license.

Third party applications may use one of the permitted logos and signifiers in order to represent their applicability to the Service, but may not claim formal association with and/or impersonate HabitRPG or our staff without prior written consent. Third Party applications, the companies that own or provide them, and their employees and agents, are not authorized to make any promises or representations on our behalf, or change the terms of this Agreement.

We allow for personal, non-commercial uses like fanart under Commercial Commons License CC-NC-SA 3.0 terms.

Outside the above explicitly allowed use cases, you may not use our trademarks, service marks, trade names, logos, domain names, taglines, or trade dress without a signed written contract with us granting you a license to do so.
Modifying and Termination of Service

HabitRPG reserves the right, in its sole discretion, to add, modify, or remove functionalities or features from the Service, and improve, change and/or update the Service. We may also suspend or terminate the Service at any time, with or without notice to you.

You can choose to stop using our Service at any time. We may suspend or cease providing the Service to you at any time, including if we determine in our sole discretion, that:

You have violated any part of this Agreement, the Privacy Policy, or the Community Guidelines;

We have stopped offering the Service in your region; or

Doing so would be in the best interests of our community, the Service, or the rights of a third party.

If your account is terminated, you will no longer have access to it, including to any of the associated data or Content. You will not be entitled to any refunds and we will have no liability to you. We also reserve the right to terminate any other accounts you may have created, as well as access to any other HabitRPG Service (also without refunds or liability to you).

You understand and agree that using the Service comes with the risk that your account may be terminated or suspended at our discretion and at any time. Please keep this risk in mind and comport yourself appropriately.
API

You may access your Service data via the Application Program Interface ("API"). By using API you are automatically bound by the Agreement.
Using Our Service

You must follow any policies made available to you within the Service, including but not limited to the Terms of Service, Privacy Policy, and Community Guidelines. You may only use our Service as permitted by law. HabitRPG may investigate and/or suspend or terminate our Service to you at any time if we find your use of our Service violates the Terms and/or any policies.

Using our Service does not grant you ownership of any intellectual property rights in our Service or the content you may have access to. You may not use any copyrighted content in our Service unless you obtain permission from the content owner and/or are otherwise permitted by law. The Terms do not grant you the right to use any branding or logos used in our Service. Our Service may display some logos, trademarks, or branding materials that are not the property of HabitRPG. Such content is the sole responsibility of the entity that makes it available.

You may not abuse and/or misuse our Service, including but not limited to the following actions:

Using the Service for any unlawful purposes or activities;

Uploading any content to the Service in violation of any applicable law, including but not limited to intellectual property laws and publicity laws;

Sending unsolicited promotions or advertisements;

Accessing or tampering with the Service's server systems;

Interfering with or disrupting the access of any user, host, or network;

Abusing or submitting excessively frequent requests to the Service via the API

Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings;

Impersonating any person, business, or entity, including an employee of HabitRPG, or member of the Habitica moderation team, or communicating in any way that makes it appear that the communication originates from Habitica staff or HabitRPG;

Transmitting or communicating any content which, in the sole and exclusive discretion of HabitRPG, is deemed offensive, including language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethically, or otherwise objectionable,

Participating in any action which, in the sole and exclusive judgment of HabitRPG, defrauds any other user of the Game, including by scamming or social engineering; or

Inducing or encouraging others to violate the Community Guidelines or the Agreement.

HabitRPG, in its sole discretion, will determine what constitutes abuse and/or misuse of our Service.
Premium Service and Payments

You may choose our free Service or paid Service ("Premium") depending on your needs. We do not guarantee when, if ever, Premium features will be available in the free Service. You may upgrade from free Service to Premium at any time by any of the following methods:

Web: Selecting the user icon in the top right corner and selecting "Subscription" from the dropdown menu,

Web: Clicking the green gem icon in the navigation bar at the top of the screen and following instructions to Subscribe or Buy Gems,

Android: Tap the menu icon in the top left corner of the main screen and select "Gems & Subscription". Follow the instructions to make a purchase.

iOS: Tap the menu icon in the lower right and select "Gems & Subscriptions". Follow the instructions to make a purchase.

You will be charged the amount shown on Pricing before you can access Premium Service. All prices shown on Pricing are inclusive of any applicable sales taxes, levies, value-added taxes, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties. We may revise the Pricing at any time and may, from time to time, modify, amend, or supplement our fees and fee-billing methods. Such changes shall be effective upon posting on the Pricing page or elsewhere in the Service. If there is a dispute regarding payment of fees to us, we reserve the right to terminate or suspend your account at our sole discretion.

BY PURCHASING PREMIUM YOU EXPRESSLY UNDERSTAND AND AGREE TO OUR REFUND POLICY:

WITHIN THIRTY (30) DAYS OF YOUR PREMIUM PAYMENT DATE AS SHOWN ON YOUR PAYMENT BILL, YOU CAN REQUEST A FULL REFUND BY CONTACTING US AT ADMIN@HABITICA.COM. AFTER THIRTY (30) DAYS OF YOUR PREMIUM PAYMENT DATE, ANY PAYMENT REFUND IS SOLELY SUBJECT TO OUR DISCRETION. THE REFUND SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

FOR ANY CUSTOMER WHO PURCHASED PREMIUM IN APPLE INC.'s APP STORE ("APP STORE"), PLEASE CONTACT APPLE INC.'s SUPPORT TEAM: http://reportaproblem.apple.com. APPLE'S APP STORE DOES NOT ALLOW DEVELOPERS TO ISSUE REFUND FOR APP STORE PURCHASES MADE BY CUSTOMERS.
Warranty Disclaimer

THE SERVICE AND ANY CONTENT MADE AVAILABLE BY HABITRPG VIA THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE OR CONTENT WILL OPERATE ERROR-FREE OR THAT THE SERVICE OR CONTENT OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICE OR THE CONTENT AT ANY TIME WITHOUT NOTICE.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICE OR CONTENT POSTED BY HABITPRG, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PLATFORM SHALL BE LIMITED TO THE GREATER OF (I) MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED US DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
Indemnification

You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of any of your representations, warranties or other obligations under this Agreement; (ii) your use or misuse of the Service or content posted or made available by HabitRPG; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Compliance with Applicable Laws

The Service is based in the United States. We make no claims concerning whether the Service or posted content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Service or such content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Binding Arbitration

In the event of a dispute arising under or relating to this Agreement or the Service (each, a "Dispute"), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act ("FAA"). Any election to arbitrate, at any time, shall be final and binding on the other party. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT'S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS' Streamlined Arbitration Rules and Procedures. All applicable JAMS' rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator's award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

ANY CLAIMS, ACTIONS OR PROCEEDINGS BY YOU MUST BE COMMENCED WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR CLAIM OCCURS. ALL OTHER CLAIMS YOU MAY HAVE ARE PERMANENTLY BARRED.
Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Equitable Relief

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above.
Contact Us

If you have any questions about the Agreement, or want to report a violation (including DMCA take-down notices relating to infringement of copyright) please contact us at admin@habitica.com.
Miscellaneous

This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision therein. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

On 2022-06-05 16:19:33 UTC, egarcia1360 ^(19262) wrote:

Privacy Notice

Last Updated: December 10, 2021

HabitRPG, Inc. (“HabitRPG,” “we,” “us,” or “our”) welcomes you. This privacy notice (the “Privacy Notice”) describes how we process the information we collect about or from you through our Website located at https://habitica.com/static/home and/or our Apps (our “Digital Platforms”), from our users, subscribers, visitors and other users of our technology and platforms (together with our Digital Platforms, the “Habitica Service” or the “Service”), and when you otherwise interact with us. This Privacy Notice may be updated by us from time to time without notice to you. By accepting this Privacy Notice, accessing or using the Service, or otherwise manifesting your assent to this Privacy Notice, you agree to be bound by this Privacy Notice. If you do not agree to (or cannot comply with) all of the terms of this Privacy Notice, you may not access or use the Service.

Capitalized terms not defined in this Privacy Notice shall have the meaning set forth in our Terms of Service.
THE INFORMATION WE COLLECT AND HOW WE USE IT

In the course of operating the Service, HabitRPG collects or receives the following types of information from visitors to the Website; users, subscribers or other users of its Platforms; and from third-party integration partners, which may include personal information.
Contact Information

We collect contact information through our Service; contact information typically includes your name, email address, and any other information you provide in messages to us. We use such contact information for purposes such as providing you with information about the Service, responding to your inquiries, sending you email alerts (including marketing emails), verifying your identity or providing you the Service.
Account Access Information

In connection with the creation of an account on our Platforms, we collect account credentials such as your email, username, and password. We use this account information to create your account, including to verify your identity. We also use this information to manage your account, including your transactions. If you choose to log into your account through Google, Apple or Facebook, we capture and store the User ID and email address connected to the respective account, so we can verify your identity when you log in.
User Content

As explained in more detail in the Terms of Service, HabitRPG allows you to upload and receive content, including text, photos, images, task lists, graphics, artwork, links to outside content, and or other material. It is your decision what kind of personal information (if any) you submit. We do not use personal information posted in your content in any way except as needed to enforce the community guidelines and terms of service or to provide assistance and troubleshooting issues with service to the account.
Transaction Information

When you make, or attempt to make, a purchase, sale or other transaction as a user or subscriber through one of our Platforms, we may collect certain information from you, including your name, billing address, mailing address, email address, and phone number. We refer to this information as “Transaction Information.” We use the Transaction Information that we collect generally to facilitate transactions between users through our Platforms (including providing you with invoices and/or transaction confirmations). Additionally, we use this Transaction Information to: communicate with you; screen our transactions for potential risk or fraud; and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or Service. Our third-party payment processing providers may also collect from you, process and store your payment information including credit card information and/or bank account information in accordance with their respective privacy policies linked to below:

For Stripe, visit: https://stripe.com/privacy

For Amazon Pay, visit: https://pay.amazon.com/help/201751600

For PayPal, visit: https://www.paypal.com/us/webapps/mpp/ua/privacy-full

For Apple Pay, visit: https://www.apple.com/legal/privacy/data/en/apple-pay/

For Google Pay, visit: https://support.google.com/googlepay/answer/10223752?hl=en&co=GENIE.Platform%3DAndroid

We reserve the right to change our payment vendors at any time, or to use additional payment vendors, at our discretion, and will update this Privacy Notice from time to time accordingly.
Server Log, Device and Other Technical Information

Our servers keep log files that record data each time a device accesses those servers. The log files may contain data about the nature of such access, including the device’s IP address, user agent string (e.g., operating system and browser type/version), and the pages you have clicked on while on our Service, and details regarding your activity on the Service such as time spent on the Service and other performance and usage data. We may use these log files for purposes such as assisting in monitoring and troubleshooting errors and incidents, analyzing traffic, or optimizing the user experience.
Cookies and Similar Technologies

We may collect information using cookies, web beacons, tags, pixel and other similar technologies to record information about how you use the Website, and to facilitate log-in and payments. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive (or other storage medium) so that your computer will “remember” information about your use. We use both first and third party session cookies and persistent cookies. Below is a general primer on session and persistent cookies; information collected by cookies depends on its particular purpose. For more information, please see the information regarding analytics providers discussed further below.

Session Cookies: We use session cookies to make it easier for you to navigate our Service. A session ID cookie expires when you close the Service.

Persistent Cookies: A persistent cookie remains on your device for an extended period of time or until you delete it. Persistent cookies enable us to better understand how you interact with the Service and to provide visitors with a better and more personalized experience by retaining information about their identity and preferences, including but not limited to keeping them logged in even if the browser is closed. 

If you do not want us to place a cookie on your device, you may be able to turn that feature off on your device. You may refuse to accept cookies from the Service at any time by activating the setting on your browser which allows you to refuse cookies. Further information about the procedure to follow in order to disable cookies can be found on your Internet browser provider’s website via your help screen. You may wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html for information on commonly used browsers. For more information about targeting and advertising cookies and how you can opt out, you can also visit http://optout.aboutads.info. Please be aware that if cookies are disabled, not all features of the Service may operate properly or as intended.
Third-Party Analytics Providers

We use one or more third–party analytics Service to evaluate your use of the Service, as the case may be, by compiling reports on activity (based on their collection of IP addresses, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, data and time, amount of time spent on particular pages, what sections of the Service you visit, number of links clicked, search terms and other similar usage data) and analyzing performance metrics. These third parties use cookies and other technologies to help collect, analyze, and provide us reports or other data.

By accessing and using the Service, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Notice. For more information on these third parties, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Service.

For Google Analytics, visit: https://marketingplatform.google.com/about/analytics/

For Amplitude, visit: https://amplitude.com/privacy

Third-Party Advertisers/Remarketers

We may share or receive information about you with/from third parties, including, but not limited to, advertising and remarketing providers, or similar partners, for purposes of personalizing or otherwise understanding how you engage with ads or other content. These third parties may use cookies, pixel tags, or other technologies to collect information in furtherance of such purposes, including to tailor, target (i.e., behavioral, contextual, retargeting, and remarketing), analyze, report on, and/or manage advertising campaigns or other initiatives. For example, when a browser visits a site, pixel tags enable us and these third-parties to recognize certain cookies stored within the browser to learn which ads or other content bring a user to a given site. Information that we may receive from these third-parties, including through their service providers, may include advertising identifiers, IP addresses, reports, and campaign data.

By accessing and using the Service, you consent to the processing of data about you by these advertisers/remarketing providers in the manner and for the purposes set out in this Privacy Notice.

For more information on our advertising partner Google AdMob, please visit https://policies.google.com/privacy?hl=en.
Geolocation Information

We may, with your consent, automatically collect geolocation information from your device via your browser’s location Service. This consent may be provided by you on the device level (e.g., you have consented to location Service generally through your browser’s settings) or by accepting our request for geolocation access on the Service. Please consult your browser’s documentation regarding how to turn off location Service. If you disable location Service, you may not be able to use the full array of features and functionalities available through our Service.
Aggregate and De-identified Data

In an ongoing effort to better understand our users and the Service, we might analyze your information in aggregate and/or de-identified form to operate, maintain, manage, and improve the Service. We may share this aggregate or de-identified data with our affiliates, agents, and business partners. We may also disclose aggregated or de-identified user statistics to describe the Service to current and prospective business partners and to other third parties for other lawful purposes.
Onward Transfer to Third Parties

Like many businesses, we hire other companies to perform certain business-related services. We may disclose personal information to certain types of third party companies but only to the extent needed to enable them to provide such service. The types of companies that may receive personal information and their functions are: hosting service, technical assistance, database management/back-up service, use analytics, marketing, and customer service.

To provide our Service and administer promotional programs, we may share your personal information with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs.

We may also disclose personal information to our parent companies, subsidiaries, affiliates, joint ventures, or other companies under common control to support the marketing and sale of our products and Service. 

Business Transfers

In the event of a merger, dissolution, reorganization or similar corporate event, or the sale of all or substantially all of our assets, we expect that the information that we have collected, including personal information, would be transferred to the surviving entity in a merger or the acquiring entity. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal information as set forth in this Privacy Notice. This Notice shall be binding upon HabitRPG and its legal successors in interest.
Disclosure to Public Authorities

We are required to disclose personal information in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.
UPDATES AND OPT-OUTS

On the website:
You can update your user profile on the Website by clicking the avatar box in the upper left hand corner of the browser window, or by going to “Settings” and then selecting the “Profile” option in the menu.

You can fully delete or reset your account via the “Settings” option on the Website.

On the mobile apps for iOS Versions 3.4.3 and Android versions 3.4.1.1 and below: You can update your user profile on the mobile apps by tapping the Settings gear in the menu and then selecting the “Profile” option.

You can fully delete or reset your account on the mobile apps by tapping the Settings gear in the menu and then selecting the “Authentication” option.

If you would like us to fully delete your account and all data associated with it, please email us at admin@habitica and we will handle your request within 30 days.

You may opt out at any time from the use of your personal information for direct marketing purposes by emailing the instructions to admin@habitica.com or by clicking on the “Unsubscribe” link located on the bottom of any HabitRPG marketing email and following the instructions found on the page to which the link takes you. Please allow us a reasonable time to process your request. You cannot opt out of receiving transactional e-mails related to the Service.
HOW WE PROTECT YOUR INFORMATION

HabitRPG takes very seriously the security and privacy of the personal information that it collects pursuant to this Privacy Notice. Accordingly, we implement reasonable security measures designed to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such data, and to comply with applicable laws and regulations. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share your information (as permitted herein), nor can we guarantee that the information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
CHILDREN

The Service are intended for users 13 years or older; you are not permitted to access or use the Service if you are younger than 13. We do not knowingly collect personal information from children under the age of 13 through the Service. If you are under 13, please do not give us any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Notice by instructing their children to never provide personal information without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us at admin@habitica.com, and we will endeavor to delete that information from our databases.
IMPORTANT NOTICE TO ALL NON-US RESIDENTS

Our servers are located in the US. Please be aware that your information may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your country of origin. If you are located outside the United States and choose to use the Service, you do so at your own risk.
CALIFORNIA PRIVACY RIGHTS

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of Service or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact HabitRPG via email at admin@habitica.com.
NEVADA PRIVACY RIGHTS

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties. You can exercise this right by contacting us at admin@habitica.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account.
DO NOT TRACK

HabitRPG does not respond to “Do Not Track” settings or other related mechanisms on our Website at this time.
LINKS TO EXTERNAL WEBSITES

The Service may contain links to third-party websites (“External Sites”). HabitRPG has no control over the privacy practices or the content of any such External Sites. As such, we are not responsible for the content or the privacy policies of such External Sites. You should check the applicable privacy notice or privacy policy and terms of use when visiting any such External Sites.
CHANGES TO THIS PRIVACY NOTICE

This Privacy Notice is effective as of the last updated date stated at the top of this Privacy Notice. We may change this Privacy Notice from time to time with or without notice to you. By accessing the Service after we make any such changes to this Privacy Notice, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the information collected is governed by the Privacy Notice in effect at the time we collect the information. Please refer back to this Privacy Notice on a regular basis.
HOW TO CONTACT US

If you have questions about this Privacy Notice, please e-mail us at admin@habitica.com with “Privacy Notice” in the subject line.
HabitRPG, Inc.
202 Bicknell Ave., Ground Floor
Santa Monica, CA 90405
Email: admin@habitica.com