Terms of service

Overview

Welcome to thehabitarc! The terms "we", "us" and "our" refer to thehabitarc. thehabitarc operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with digital habit-tracking products and a curated shopping experience (the "Services"). thehabitarc is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

Section 1 - Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, and payment information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Our Products

The Habit Arc offers digital products delivered by download. We have made every effort to provide an accurate representation of our products in our online store. However, please note that appearance may differ from how it appears on your screen due to your device and its settings.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time.

Section 3 - Orders and Digital Delivery

When you place an order, you are making an offer to purchase. thehabitarc reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until thehabitarc confirms acceptance, and we must receive and process your payment before your order is accepted.

Because our products are digital, access is typically granted immediately upon successful payment via an instant download link. Please review your order carefully before submitting, as cancellation may not be possible once your digital file has been delivered.

Your purchases are subject to refund solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal use and not for commercial resale, redistribution, or export.

Section 4 - Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include applicable taxes.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information, and to promptly update your information as needed so we can complete your transactions and contact you.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method, and (iii) charges incurred by you will be honored by your payment provider.

Section 5 - Digital Delivery and Access

Products are delivered electronically. It is your responsibility to ensure you have a valid email address and the technical ability (a device and software capable of opening the delivered file format) to receive and access your purchase. We are not responsible for delivery issues caused by an incorrect email address provided at checkout, spam filters, or similar issues outside our control, though we're happy to help resolve access issues raised in good faith, see our Refund Policy for what to do if your file doesn't work.

Section 6 - Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, and the design, selection, and arrangement thereof, are owned by thehabitarc, its affiliates, or licensors and are protected by U.S., Canadian, and foreign copyright and other intellectual property laws.

These Terms permit you to use the Services, and the digital products you purchase, for your personal, non-commercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material on the Services or within our digital products without our prior written consent. All rights not expressly granted herein are reserved by thehabitarc.

thehabitarc's names, logos, product and service names, designs, and slogans are trademarks of thehabitarc. You must not use such trademarks without our prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify. All other names, logos, and marks on the Services are the trademarks of their respective owners.

Section 7 - Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control. We provide access to such tools "as is" and "as available," without any warranties, and shall have no liability arising from your use of them. Any use of optional third-party tools is at your own risk and discretion.

Section 8 - Third-Party Links

The Services may contain hyperlinks to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or sites you choose to access, and you do so at your own risk. Complaints or concerns regarding third-party products or services should be directed to the third party.

Section 9 - Relationship with Shopify

thehabitarc is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with thehabitarc. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and thehabitarc. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with thehabitarc.

Section 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you.

Section 11 - Feedback

If you submit any ideas, suggestions, feedback, or reviews ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and display such Feedback for any purpose, including commercial use. We are under no obligation to keep Feedback confidential, compensate you for it, or respond to it.

You represent and warrant that you own or have all necessary rights to your Feedback, and that it will not violate any third party's rights or contain unlawful, abusive, or infringing material.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally there may be typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, or promotions. We reserve the right to correct any such errors and to change or update information, or cancel orders, if any information is inaccurate, at any time without prior notice.

Section 13 - Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable regulations or laws; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, or harm any person; (e) to transmit false or misleading information; (f) to send spam or unsolicited promotional material; (g) to impersonate any person or entity; or (h) to engage in conduct that restricts or inhibits anyone's use of the Services or exposes us to liability.

You also agree not to: (a) upload viruses or malicious code; (b) reproduce, resell, or exploit any portion of the Services or our digital products beyond your personal use license; (c) collect or track the personal information of others; (d) use bots, scrapers, or automated tools (including agentic AI) to access the Services without authorization; or (e) bypass or interfere with any security measures. We reserve the right to suspend or terminate your account at any time if we determine you have violated these Terms.

Section 14 - Agents

This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity.

No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with the following: (i) all HTTP/HTTPS requests must disclose the Agent's name in the user agent string ("Agent/[agent name]"); (ii) the Agent must not conceal that it is an Agent, including by mimicking human behavior or completing/circumventing CAPTCHAs; (iii) the Agent must respond truthfully to any question seeking to determine if it is a human or a computer; and (iv) the Agent must not circumvent any measure intended to control Agent access. We may limit, including by technical measures, whether and how any Agent accesses the Services.

Section 15 - Termination

We may terminate this agreement or your access to the Services at our sole discretion, at any time, without notice, and you will remain liable for all amounts due up to the date of termination. Sections that by their nature should survive termination (including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law) will continue to apply.

Section 16 - Disclaimer of Warranties

The information presented through the Services is made available for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is at your own risk.

EXCEPT AS EXPRESSLY STATED BY THEHABITARC, THE SERVICES AND ALL PRODUCTS OFFERED ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT FULLY APPLY TO YOU.

Section 17 - Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL THEHABITARC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS, OR THOSE OF SHOPIFY, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT, EVEN IF ADVISED OF THEIR POSSIBILITY.

Section 18 - Indemnification

You agree to indemnify, defend, and hold harmless thehabitarc, Shopify, and our respective affiliates, officers, directors, employees, and agents from any losses, damages, or claims, including reasonable attorneys' fees, arising out of (1) your breach of these Terms, (2) your violation of any law or third-party right, or (3) your access to and use of the Services.

Section 19 - Severability

If any provision of these Terms is determined to be unlawful or unenforceable, that provision shall be severed, and the remaining provisions shall remain valid and enforceable.

Section 20 - Waiver; Entire Agreement

Our failure to enforce any right or provision shall not constitute a waiver of that right. These Terms, together with any referenced policies, constitute the entire agreement between you and us regarding the Services, superseding any prior agreements or communications.

Section 21 - Assignment

You may not assign this Agreement or your rights under it without our prior written consent. We may transfer or assign these Terms without notice to you.

Section 22 - Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. You and thehabitarc consent to the exclusive jurisdiction of the courts located in Ontario, Canada.

Section 23 - Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 24 - Changes to Terms of Service

We reserve the right to update, change, or replace any part of these Terms at our sole discretion by posting updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of the Services following any posted changes constitutes acceptance of those changes.

Section 25 - Contact Information

Questions about these Terms of Service should be sent to us at support@thehabitarc.com