Habitcount Terms of Use

Effective date: 24 September 2026
Last updated: 1 October 2026

These Terms of Use ("Terms") are an agreement between you and Intelligent Energy Solutions LLC, a company registered in the country of Georgia (identification number 445839816) ("we", "us", "our"). They cover your use of the Habitcount mobile app and the services behind it (together, "Habitcount"). By downloading or using Habitcount you agree to these Terms. If you don't agree, please don't use Habitcount.

Our Privacy Policy and Consumer Health Data Privacy Policy explain how we handle your information. They are separate documents and are not part of these Terms.

The most important points

• Habitcount is a counting tool, not medical advice. It does not diagnose, treat or prevent anything. See section 7.
• Subscriptions renew automatically until you cancel them in your App Store settings. Cancel at least 24 hours before the current period or free trial ends to avoid the next charge. See section 6.
• Without an account, your data exists only on your phone. If you lose the phone or delete the app, we cannot recover it. See section 5.
• Nothing in these Terms takes away rights you have under consumer protection laws that cannot be waived.

1. Who can use Habitcount

You must be at least 16 years old to use Habitcount or create an account. If you are under the age of majority where you live, you confirm that a parent or guardian has agreed to these Terms for you, including any purchase. You also confirm that no law prevents you from using Habitcount.

2. Your license to use the app

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use Habitcount for your own non-commercial purposes. You may use it on devices you own or control, as permitted by the rules of the app store you got it from. Section 17 has extra terms for Apple users. We license Habitcount to you. We do not sell it.

3. Acceptable use

When you use Habitcount, you agree not to:

• break the law or anyone else's rights;
• try to access another person's account or data, or probe, scan or test the vulnerability of our systems without our written permission;
• overload, disrupt or get around the limits of our servers, for example by automated or bulk requests or scraping;
• copy, modify, decompile or reverse engineer the app, except where the law allows it despite this restriction;
• get around subscription checks or other technical protections, or resell or sublicense Habitcount;
• use the support form to send spam or abusive messages.

4. Your account

An account is optional. You only need one to back up and sync your data. New account sign-in and creation, and Back up & sync, are unavailable when the app's phone or App Store region identifies the EU, the EEA, the UK or Switzerland. If you signed in before that mode applied, your existing sign-in may remain on the phone for subscription and account controls, but sync is paused. These signals can be wrong; see our Privacy Policy, section 9.2. If you create one:

• give us an email address you can access, and keep your password secret;
• you are responsible for activity on your account. Tell us at once if you think someone else has accessed it;
• one account is for one person.

You can sign out at any time and delete your account in the app (You → Delete account). We may suspend or close an account that breaks these Terms (see section 13).

5. Your content and your data

You own your content. This includes the counters, entries, notes and settings you create ("your content"). If you sync, you give us permission to host, store, copy and transmit your content only to provide Habitcount to you, for example to back it up and sync it between your devices. We don't publish your content and don't show it to anyone else. Notes are private.

Please keep your own copies:

• Without an account, your data exists only on your device. If you lose or reset your phone, or delete the app, it is gone and we cannot recover it.
• Sync is not an archive. If you delete something on one device, it is deleted on your other devices too.
• Deleting your account permanently deletes your synced data within 72 hours. It does not delete data on your phone.
• We back up our servers, but we can't promise that we can restore any particular item. Use You → Export my data to keep your own copy.

Cost figures and exchange rates are for information only. We get exchange rates once a day from a third-party service, so they may be delayed or inaccurate. Cost totals depend on the prices you enter. Nothing in Habitcount is financial advice.

Habitcount 1.0 does not provide medication reminders. Do not rely on it to manage medication or any other time-sensitive health task.

6. Free period, subscriptions and automatic renewal

6.1 Free period

When you first open Habitcount, you get a free period of 3 days with full access (shown in the app as "bonus days"). It doesn't need an account or payment details, and it never turns into a paid subscription by itself. It is counted from the first time you open the app on a device, and deleting and reinstalling the app doesn't restart it. After it ends, using Habitcount needs a Habitcount Pro subscription. Until you subscribe, the app shows the subscription options, and you can always export all the data you have recorded (You → Export my data, or from the subscription screen).

6.2 Plans and prices

Habitcount Pro is sold as an auto-renewing subscription through the Apple App Store:

Prices, currencies and applicable taxes vary by storefront. The app and Apple show your local price before you confirm. The price shown on Apple's confirmation screen is the price you pay.

6.3 How automatic renewal works

• Payment is charged to your Apple Account when you confirm the purchase. If your subscription starts with a free trial, it is charged when the trial ends.
• Your subscription renews automatically for another year, at the then-current price, unless you cancel at least 24 hours before the end of the current period.
• Your account is charged for the renewal within the 24 hours before the current period ends.
• There is no minimum term. You can cancel at any time. You keep Pro until the end of the period you have paid for.

6.4 Free trial

Eligible new subscribers to the Yearly plan can start a one-month App Store free trial. It begins when you confirm the subscription with Apple; it does not wait for the separate 3-day app free period to finish, so the two periods may overlap. You won't be charged during the App Store trial. If you don't cancel at least 24 hours before the trial ends, it automatically becomes a paid Yearly subscription, and you will be charged the annual price shown by Apple for the first year. Apple decides whether you are eligible for a trial. Usually it is available once.

6.5 How to cancel

Deleting the app or your Habitcount account does not cancel your subscription. Apple manages the subscription, so cancel it there:

• iPhone: open Settings → [your name] → Subscriptions → Habitcount → Cancel Subscription. Or, in the App Store app, tap your profile picture → Subscriptions.

6.6 Refunds

Apple handles payments and refunds under its policies. We cannot issue refunds ourselves.

• Apple: request a refund at reportaproblem.apple.com.

If you have a legal right to cancel or get a refund, for example the 14-day right of withdrawal for consumers in the EU or UK, these Terms do not limit it. Apple handles such requests.

6.7 Price changes

We may change subscription prices. Apple will tell you before a price change applies to your subscription, as their rules and applicable law require. Where the store or the law requires it, you will be asked to agree to the new price. If you don't want to pay the new price, cancel before it takes effect.

6.8 Restoring purchases

Your subscription belongs to the Apple Account that bought it. Use Restore purchases in the app to reactivate it on a new device. Sign in to Habitcount to keep Pro with your account across devices.

7. Habitcount is not medical advice

Please read this section carefully.

• Habitcount is a general counting and tracking tool. It is not a medical device. It does not diagnose, treat, cure, monitor or prevent any disease or condition, and it is not a quit- smoking, alcohol-treatment, medication-management or diet program.
• Goals, templates and example values (such as "stay under 10 a day" or a default calorie target) are examples, not recommendations. They are not right for everyone. Set your own goals, preferably with a health professional.
• Counting something is not treatment. If you want to stop or cut down smoking, drinking or another substance, manage medication, or change what you eat, please talk to a doctor, pharmacist or other qualified professional.
• Never start, stop or change a medication or dose because of Habitcount. Follow your prescriber's instructions and the medicine's label.
• If you are struggling with food, eating or body image, please reach out to a health professional or a local support service.

In an emergency, call your local emergency number (for example 112 in the EU and Georgia, 911 in the US, 999 or 112 in the UK). In the US you can also:

• call SAMHSA's National Helpline, free and confidential, at 1-800-662-4357 for substance-use support;
• call or text 988 (Suicide & Crisis Lifeline);
• call Poison Help at 1-800-222-1222 if you think someone has taken too much of a medicine.

8. Availability and changes to Habitcount

We work to keep Habitcount running and your data safe, but we can't promise that it will always be available, error-free or that sync will never be delayed. We may change, add or remove features. If we decide to shut down the sync service, we will give you at least 30 days' notice in the app and a way to export your data.

9. Intellectual property

Habitcount, including its software, design, text, graphics and the Habitcount name and logo, belongs to us or our licensors and is protected by intellectual property laws. These Terms don't give you any rights to them except the license in section 2. Some parts of the app are open-source software or fonts under their own licenses, such as the SIL Open Font License. Those licenses apply to those parts.

If you send us ideas or feedback, we may use them without any obligation to you.

10. Third-party services

Habitcount works with services from other companies: Apple and RevenueCat. Your use of their services is governed by their own terms and privacy policies, and we are not responsible for them. You must comply with any third-party terms that apply when you use Habitcount, such as your mobile data plan.

11. Disclaimers

To the extent the law allows, Habitcount is provided "as is" and "as available". We don't give any warranty that is not written in these Terms. This includes implied warranties of merchantability, fitness for a particular purpose and non-infringement. Some countries and states don't allow these disclaimers. If you live in one of them, some or all of this section may not apply to you, and you keep your statutory rights. For example, consumers in the EU and UK have legal rights for digital content that is faulty or not as described.

12. Limitation of liability

Nothing in these Terms limits or excludes our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• gross negligence or wilful misconduct;
• anything else that cannot be limited or excluded under the law that applies to you.

Subject to that, and to the extent the law allows:

• We are not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue or goodwill.
• We are not liable for loss of data that you could have avoided by keeping your own copy (see section 5), or for decisions you make based on the numbers shown in Habitcount (see section 7).
• Our total liability to you for all claims about Habitcount is limited to the greater of: (a) the amount you paid for Habitcount Pro in the 12 months before the claim arose, or (b) USD 50.

If you are a consumer in the EU or UK: we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or failing to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable. We only supply Habitcount for domestic and private use.

13. Suspension and termination

• You can stop using Habitcount at any time, and delete your account in the app. If you have a subscription, cancel it separately (section 6.5).
• We may suspend or close your account, or stop providing Habitcount to you, if you seriously or repeatedly break these Terms, if the law requires it, or to protect other users or our systems. Where reasonable, we will warn you first and give you a chance to export your data. If we close your account without good cause while you have a paid subscription, we will refund the unused part of the period you paid for, or ask Apple to refund it where only they can.
• If your account is closed, your synced data is deleted as described in our Privacy Policy. Sections 5 (keeping copies), 7, 9, 11, 12, 14 and 16 survive termination.

14. Governing law and disputes

These Terms are governed by the laws of Georgia (the country), excluding its conflict-of-law rules. Disputes will be decided by the courts of Georgia, in Batumi.

If you are a consumer, you keep the protection of the mandatory laws of the country or state where you live, and you can also bring a claim in the courts there where the law allows.

Before starting any claim, please contact us (section 18) so we can try to resolve the problem informally.

15. Changes to these Terms

We may update these Terms, for example when we change Habitcount or when the law changes. If a change is material, we will tell you in the app at least 30 days before it takes effect, unless the change is required by law sooner. If you don't agree, you can stop using Habitcount, delete your account and cancel your subscription before the change takes effect. If you keep using Habitcount after that, you accept the new Terms. We will not change the price or renewal terms of a subscription you already have except as described in section 6.7.

16. General

• Entire agreement. These Terms, together with any store terms that apply, are the whole agreement between you and us about Habitcount.
• Severability. If a court finds part of these Terms unenforceable, the rest stays in effect.
• No waiver. If we don't enforce a right straight away, we can still enforce it later.
• Transfer. We may transfer our rights and obligations under these Terms to another company, for example in a merger or sale. We will tell you, and your rights will not be reduced. You may not transfer your rights under these Terms.
• Export and sanctions. You may use Habitcount only as permitted by applicable export control and sanctions laws, including those of the United States. You confirm that you are not located in a country or region subject to a US Government embargo or designated by the US Government as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.

17. App store terms

17.1 Apple App Store

Your license to use the app is Apple's standard Licensed Application End User License Agreement. These Terms add the rules for our service (accounts, sync and subscriptions). If they conflict with Apple's standard agreement about your license to the app, Apple's agreement applies.

• Agreement between you and us. These Terms are between you and us only, not Apple. We, not Apple, are solely responsible for Habitcount and its content.
• Scope of license. Your license is a non-transferable license to use Habitcount on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. Other accounts associated with the purchaser may also use it via Family Sharing or volume purchasing, as those rules allow.
• Maintenance and support. We alone are responsible for maintenance and support, as described in these Terms or as the law requires. Apple has no obligation to provide any maintenance or support for Habitcount.
• Warranty. We alone are responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If Habitcount fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any) to you. To the maximum extent the law allows, Apple has no other warranty obligation for Habitcount. Any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are our responsibility.
• Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to Habitcount or your possession or use of it. This includes (i) product liability claims, (ii) any claim that Habitcount fails to conform to an applicable legal or regulatory requirement, and (iii) claims under consumer protection, privacy or similar laws.
• Intellectual property claims. If a third party claims that Habitcount, or your possession or use of it, infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling and discharging that claim.
• Legal compliance. You confirm the statements about embargoes and restricted-party lists in section 16.
• Developer contact. Questions, complaints or claims about Habitcount go to us (section 18).
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

If these Terms conflict with the Apple Media Services Terms and Conditions on usage rules, Apple's usage rules apply.

18. Contact us

• Email: ilia.kamyshev@iesllc.ge (support, legal and privacy), or You → Contact support in the app
• Post: Intelligent Energy Solutions LLC, 58 St. Andrew the First-Called Highway, Apartment 605, Block III, Batumi, Georgia
• Company identification number: 445839816 (Registry of Entrepreneurs, National Agency of Public Registry of Georgia)