TERMS AND CONDITIONS

Last Updated: December 18, 2024

Welcome to Habfun (“Habfun,” “we,” “us,” or “our”), a service owned and operated by Flocksy (“Flocksy”). These Terms and Conditions (“Terms”) govern your access to and use of the Habfun website, mobile application, and any other products, content, functionality, and services offered on or through Habfun (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access or use the Services.

1. Eligibility

1.1 Age Requirement
You must be at least 13 years old to use our Services. By accessing or using the Services, you represent and warrant that you are 13 years of age or older and have the legal capacity to form a binding contract with us. If you are under the age of majority in your jurisdiction, you must have parental or legal guardian consent to use the Services, and your parent or guardian must review and agree to these Terms.

1.2 Users Under the Age of 18
If you are under the age of 18 (or under the age of majority in your jurisdiction), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

2. Account Registration and Security

2.1 Account Creation
To access certain features of the Services, you may be required to register for an account. When creating an account, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information.
• Keep your login credentials confidential and not share them with anyone else.

2.2 Responsibility for Account Activity
You are responsible for all activities that occur under your account. If you believe your account is compromised, you must notify us immediately at support@habfun.io. We are not liable for any losses caused by unauthorized use of your account.

3. User Conduct

3.1 Prohibited Activities
You agree not to:

• Violate any applicable laws, regulations, or third-party rights.
• Use the Services for any unlawful, deceptive, harmful, or fraudulent purpose.
• Post or transmit any content that is offensive, discriminatory, defamatory, harassing, obscene, invasive of privacy, or otherwise objectionable.
• Engage in any behavior that disrupts, damages, or impairs the Services or our servers.
• Attempt to gain unauthorized access to our systems, user accounts, or non-public areas of the Services.
• Introduce or distribute viruses, malware, or other harmful code.
• Use automated systems or software to extract or scrape data from the Services for any commercial purpose without our prior written consent.

3.2 User Content
You are solely responsible for all content, including text, images, videos, or other materials (“User Content”), that you upload, post, or transmit through the Services. You represent and warrant that you own or have the necessary rights and permissions to use and distribute such User Content, and that your User Content does not violate these Terms or any applicable law.

3.3 Monitoring and Enforcement
We reserve the right, but are not obligated, to monitor User Content and your use of the Services. We may remove or modify any User Content at any time for any reason, including if we believe it violates these Terms or any applicable law, or to protect the integrity of the Services.

4. Intellectual Property

4.1 Our Intellectual Property
All intellectual property rights in and to the Services, including but not limited to trademarks, service marks, logos, designs, software, code, and text, are owned by or licensed to Flocksy. Except as explicitly granted in these Terms, no license or right is granted to you, and we reserve all rights not expressly granted.

4.2 License to User Content
By posting User Content through the Services, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, create derivative works of, display, perform, and distribute your User Content in connection with the operation and marketing of the Services.

5. Payment and Subscription (If Applicable)

If certain features or content on Habfun are offered on a paid or subscription basis, the following terms apply:

5.1 Fees and Billing
All fees are payable in the amounts and at the times stated on our Services. We may use third-party payment processors. By providing payment information, you represent and warrant that you are authorized to use the designated payment method.

5.2 No Refunds
Unless otherwise specified, all fees are non-refundable. If you believe you are entitled to a refund, you must contact us at support@habfun.io, and we will review your request on a case-by-case basis.

5.3 Changes to Fees
We reserve the right to change our subscription plans or adjust pricing at any time. If we change pricing, we will provide you with notice before the change takes effect.

6. Third-Party Services and Links

The Services may contain links to third-party websites, products, or services that are not owned or controlled by us. We do not endorse or assume responsibility for any third-party sites, content, or services. Your use of any third-party site is at your own risk and subject to that third party’s terms and policies.

7. Privacy

Your privacy is important to us. Please review our Privacy Policy at https://habfun.io/privacy-policy, which explains how we collect, use, and protect your personal information. By using our Services, you consent to the collection and use of your personal information as described in our Privacy Policy.

8. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLOCKSY, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US (IF ANY) FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Flocksy, its affiliates, licensors, and service providers, and their respective directors, officers, employees, and agents, from and against all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) your use of the Services, (ii) your violation of these Terms, (iii) your violation of any applicable law or the rights of a third party, or (iv) your User Content.

11. Termination

11.1 Termination by Us
We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Services at any time, with or without notice, for any reason, including your violation of these Terms.

11.2 Effect of Termination
Upon termination, all rights and licenses granted to you under these Terms will immediately cease. All provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnities, and limitations of liability.

12. Modifications to the Services and Terms

12.1 Changes to the Services
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, and without liability to you.

12.2 Changes to the Terms
We may revise these Terms from time to time at our sole discretion. If we make significant changes, we will provide notice by posting the updated Terms and updating the “Last Updated” date at the top of these Terms. Your continued use of the Services after changes have been posted constitutes your acceptance of the revised Terms.

13. Governing Law and Dispute Resolution

13.1 Governing Law
These Terms and any dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.

13.2 Forum Selection
Subject to the arbitration provision below, any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in the Commonwealth of Massachusetts. You hereby irrevocably submit to the personal jurisdiction and venue of such courts, and waive any objections to jurisdiction, venue, or inconvenient forum in such courts.

13.3 Arbitration Agreement
At our sole discretion, we may require you to submit any disputes arising from these Terms or your use of the Services, including disputes concerning interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration. Such arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Boston, Massachusetts, before a single arbitrator, who shall apply the substantive law of the Commonwealth of Massachusetts, exclusive of its conflicts of law rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

13.4 Waiver of Class Actions
You and Flocksy agree to resolve any disputes on an individual basis. Any claims brought under these Terms shall be brought solely in the parties’ individual capacities and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. You further agree not to join any class, consolidated, or representative action brought by any third party arising under these Terms or the Services.

13.5 Waiver of Jury Trial
To the fullest extent permitted by law, you and Flocksy waive any constitutional and statutory rights to sue in court and have a trial in front of a jury. Instead, you and Flocksy choose to have claims and disputes resolved by arbitration. In any litigation between you and Flocksy over whether to vacate or enforce an arbitration award, you and Flocksy waive all rights to a jury trial, electing instead to have the dispute be resolved by a judge.

14. Miscellaneous

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

14.2 Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term or condition. Any waiver must be in writing and signed by an authorized representative of Flocksy.

14.3 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and us regarding your use of the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.

14.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign these Terms at our discretion.

15. Contact Information

If you have any questions or comments about these Terms, please contact us at:
Email: support@habfun.io
Contact Page: https://habfun.io/contact-us
Mailing Address: 93 Shennecossett Rd, Groton, CT 06340