Terms and Conditions of Use This Service MAY Include Subscriptions That Automatically Renew
Terms and Conditions of Use This Service MAY Include Subscriptions That Automatically Renew
Terms and Conditions of Use This Service MAY Include Subscriptions That Automatically Renew
1. ACCEPTANCE OF TERMS
HabitBox mobile application (the “App”), PersonalityPath website available at: personalitypath.me (the
"Website") and content available via the App, the Website or our emails ("Content") are distributed by
GM Unicorn Corporation Limited (a legal entity incorporated under the laws of the Republic of Cyprus,
having its registered office at Florinis 7, Greg Tower, 2nd Floor, 1065, Nicosia, Cyprus) or other
company as may be indicated in an app store ("we" "us" "our" or the "Company"). The App, the Website,
together with the Content, tools, transactions and other services available by using them, are collectively
referred to as the "Service". The App and the content available via the App are collectively referred to as
the "App Service".
1.1. Your access and use of the Service constitutes your agreement to be bound by these Terms and
Conditions of Use (the "Terms"), which establishes a legally binding contractual relationship between you
and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE
SERVICE.
1.2. Please review also our Privacy Policy. The terms of the Privacy Policy and other supplemental
terms, policies or documents that may be posted on the Service from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms at any time and for any reason.
1.3. Unless otherwise expressly provided herein, we will alert you about any changes by updating the
"Last updated" date of these Terms and you waive any right to receive specific notice of each such
change.
1.4. THESE TERMS CONTAIN IMPORTANT DISCLAIMERS (SECTION 2), DISCLAIMERS OF
WARRANTIES (SECTION 8), LIMITATION OF LIABILITY (SECTION 9), AS WELL AS
PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING
AND RIGHT TO PARTICIPATE IN A CLASS ACTION (ARBITRATION AND CLASS ACTION
WAIVER). UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE AS
PROVIDED FOR IN SECTION 12, ARBITRATION IS THE EXCLUSIVE REMEDY FOR ANY AND
ALL DISPUTES AND IS MANDATORY EXCEPT AS SPECIFIED BELOW IN SECTION 12.
1.5. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT
ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT ACCESS OR
USE THE WEBSITE, DO NOT DOWNLOAD THE APP OR OTHERWISE ACCESS OR USE THE
SERVICE.
2. IMPORTANT DISCLAIMERS
WE MAKE NO GUARANTEES THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS OR WILL PROVIDE ANY BENEFIT.
3. USE OF SERVICE
3.1. If you use the Service, you represent and warrant to the Company that: (i) all required
information you submit is truthful and accurate; (ii) your use of the Service does not violate any
applicable law or regulation or these Terms. Otherwise, we will not be able to personalize the services
correctly.
3.2. The Service is not intended to be used by individuals under age of 16. You hereby represent and
warrant to the Company that you meet the foregoing qualification. All users who are minors in the
jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your
parent or guardian read and agree to these Terms prior to you using the Service.
3.3. The Company reserves the right to suspend or terminate your use of Service, or your access to the
Service, with or without notice to you, in the event that you breach these Terms.
3.4. By using the Service, you agree to receive certain communications, updates on the Service from
the Company. You can opt-out of non-essential communications by unsubscribing from the email
notification.
3.5. The Service may be modified, updated, interrupted or suspended at any time without notice to
you or our liability.
3.6. You are solely responsible for obtaining the equipment and telecommunication services necessary
to access the Service, and all fees associated therewith (such as computing devices and Internet service
provider and airtime charges).
3.7. Your access to and use of the Service is at your own risk. To the extent permitted by law, he
Company will have no responsibility for any harm to your computing system, loss of data, or other harm
to you or any third party, including, without limitation, any bodily harm, that results from your access to
or use of the Service, or reliance on any information or advice.
3.8. The Company has no obligation to provide you with customer support of any kind. However, the
Company may provide you with customer support from time to time, at the Company's sole discretion.
3.9. You acknowledge and agree that the availability of the App is dependent on the third party from
which you received the App, e.g., the Apple App Store, and/or other app stores (collectively, "App
Stores" and each, an "App Store").
3.10. You agree to pay all fees charged by the App Stores in connection with the App. You agree to
comply with, and your license to use the App is conditioned upon your compliance with, all applicable
agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App
Stores (and their subsidiaries) are a third party beneficiary of these Terms and will have the right to
enforce these Terms.
4. INTELLECTUAL PROPERTY, THIRD PARTY ADS, USER CONTENT
4.1. You acknowledge that all the text, images, marks, logos, compilations (meaning the collection,
arrangement and assembly of information), data, other content, software and materials displayed on the
Service or used by the Company to operate the Service (including the Website and the Content and
excluding any User Content (as defined below)) is proprietary to us or to the third parties.
4.2. The Company expressly reserves all rights, including all intellectual property rights, in all of the
foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation,
reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. The
provision of the Service does not transfer to you or any third party any rights, title or interest in or to such
intellectual property rights.
4.3. The information you submit to us and any data, text and other material that you may submit to the
Website ("User Content") remain your intellectual property, and the Company does not claim any
ownership of the copyright or other proprietary rights in such registration information and the User
Content. Notwithstanding the foregoing, you agree that the Company may retain copies of the User
Content and use it as reasonably necessary for or incidental to its operation of the Service and as
described in these Terms and the Privacy Policy.
4.4. You grant the Company the non-exclusive, worldwide, transferable, perpetual, irrevocable right
to publish, distribute, publicly display and perform the User Content in connection with the Service.
4.5. Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable
license (without the right to sublicense) to use the Website and the Service solely for your personal,
non-commercial purposes.
4.6. You agree, represent and warrant, that your use of the Service, or any portion thereof, will be
consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the
rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree
that you will comply with all applicable laws, regulations and ordinances relating to the Service or your
use of it, and you will be solely responsible for your own individual violations of any such laws.
4.7. The Service may contain links to third party websites or resources and advertisements for third
parties (collectively, "Third Party Ads"). Such Third Party Ads are not under the control of the Company
and the Company is not responsible for any Third Party Ads. The Company provides these Third Party
Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any
representations with respect to Third Party Ads. Advertisements and other information provided by Third
Party Sites Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk
arising from your use of any such websites or resources. When you link to a third party site, the
applicable service provider's terms and policies, including privacy and data gathering practices govern.
You should make whatever investigation you feel necessary or appropriate before proceeding with any
transaction with any third party. Your transactions and other dealings with Third Party Ads that are found
on or through the Website, including payment and delivery of related goods or services, are solely
between you and such merchant or advertiser.
4.8. Each user of the Service is solely responsible for any and all his or her User Content. Because we
do not control the User Content, you acknowledge and agree that we are not responsible for any User
Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User
Content, and we assume no responsibility for any User Content. Your interactions with other Service
users are solely between you and such user. You agree that the Company will not be responsible for any
loss or damage incurred as the result of any such interactions. If there is a dispute between you and any
Service user, we are under no obligation to become involved.
4.9. You hereby release us, our officers, employees, agents and successors from claims, demands any
and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and
property damage, that is either directly or indirectly related to or arises from any interactions with or
conduct of any users of the Service, or any Third Party Ads.
5. FEES AND PAYMENT
5.1. The Service provides its users with an opportunity to purchase a personality report tailored to
your type of personality after passing a test (the “Plan Purchase”). In order to make the Plan Purchase,
you will be asked to provide certain information about yourself. By purchasing the Plan Purchase you
purchase certain digital products (the “Digital Content”). The format, delivery method and cost of the
Digital Content, price and term of provision, are set out on the relevant Website page.
5.2. The App Service may be offered on a subscription basis for a fee. You may purchase a
subscription directly from the Company or through an App Store by paying a subscription fee in advance
on a recurring interval disclosed to you prior to your purchase (the “App Purchase”). The Plan Purchase
and App Purchase shall be collectively referred to as the “Purchase”.
5.3. To the maximum extent permitted by applicable laws, we may change App Purchase fees at any
time. We will give you reasonable notice of any such pricing changes by posting the new prices on or
through the App and/or by sending you an email notification, or in other prominent way. If you do not
wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect.
5.4. You authorize us and the App Stores to charge the applicable fees to the payment card that you
submit.
5.5. By signing up for certain subscriptions, you agree that your subscription may be automatically
renewed. Unless you cancel your subscription you authorize us and the App Stores to charge you for the
renewal term. The period of auto-renewal will be the same as your initial subscription period unless
otherwise disclosed to you on the Service. The renewal rate will be no more than the rate for the
immediately prior subscription period, excluding any promotional and discount pricing, unless we notify
you of a rate change prior to your auto-renewal. You can cancel your subscription in accordance with the
cancellation procedures disclosed to you for the particular subscription.
5.6. We may offer a trial subscription for the App Service. Trial provides you access to the App
Service for a period of time, with details specified when you sign up for the offer. Unless you cancel
before the end of the trial, or unless otherwise stated, your access to the App Service will automatically
continue and you will be billed the applicable fees for the App Service. It is ultimately your responsibility
to know when the trial will end. We reserve the right, in our absolute discretion, to modify or terminate
any trial offer, your access to the App Service during the trial, or any of these terms without notice and
with no liability. We reserve the right to limit your ability to take advantage of multiple trials.
5.7. The App Service and your rights to use it expire at the end of the paid period of your subscription.
If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the
issue; however, we reserve the right to disable or terminate your access to the App Service (and may do
so without notice).
5.8. App Purchases made via an App Store are subject to such App Store's refund policies. This means
we cannot grant refunds. You will have to contact an App Store support.
5.9. Purchases made via our website are subject to our refund policy described below. Generally, the
fees you have paid are non-refundable and/or non-exchangeable, unless otherwise is stated herein or is
required by applicable law.
Note for the EU residents: If you are an EU resident, you have the right to withdraw from agreement for
purchase of digital content without charge and without giving any reason within fourteen (14) days from
the date of such agreement conclusion. The withdrawal right does not apply if the performance of the
agreement has begun with your prior express consent and your acknowledgment that you thereby lose
your right of withdrawal. YOU HEREBY EXPRESSLY CONSENT TO THE IMMEDIATE
PERFORMANCE OF THE AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR
RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR
PURCHASE AND THE APPLICABLE PURCHASE IS SUCCESSFULLY DELIVERED TO YOU.
Therefore, you will not be eligible to a refund, unless the digital content is defective.