The agreement between you and Habitual Growth
Effective Date: October 30, 2026
Last Updated: October 30, 2026
Version: 3.2 (AI-provider directory)
Habitual Growth, LLC 12081 W Alameda Pkwy, PMB 139, Lakewood, CO 80228, United States
Contact: info@habitualgrowth.com
Important Notice
These Terms of Use (the “Terms”) form a binding agreement between you and Habitual Growth, LLC. Please read them. They include provisions that affect your legal rights, including an arbitration agreement and class-action waiver in Section 20, limitations of liability in Section 17, and important health disclaimers in Section 15.
WHAT CHANGED IN THIS VERSION Version 3.2 directs current AI-provider disclosures to our provider directory and removes references to a separate regional addendum. It preserves mandatory local protections and does not expand training rights or change the liability, arbitration or notice provisions. The October 2026 relaunch update described below remains part of these Terms. This version adds terms for member-to-member messaging, contact-based discovery, public usernames, Sequoia AI credits, and the safety limits of our AI. If you used the Services before this date, note in particular Section 8 (messaging), Section 12 (reporting and moderation) and Section 15 (health and crisis disclaimers), which are new or substantially rewritten.
1. Introduction and Acceptance
1.1 About Habitual Growth
Habitual Growth provides a habit-formation and personal-growth platform consisting of a mobile application, websites, an AI-enabled engine called Sequoia, member-to-member messaging, and related services (together, the “Services”).
1.2 Acceptance
By creating an account, accessing or using the Services, you agree to these Terms, our Privacy Policy and our Community Guidelines. If you do not agree, do not use the Services.
1.3 Authority to Contract
You represent that you have the legal capacity to enter into this agreement, and that if you accept on behalf of an organization you have authority to bind it.
1.4 Electronic Communications and Signatures
You consent to receive communications from us electronically and agree that electronic acceptance satisfies any requirement that an agreement be in writing or signed.
2. Definitions
- “Account” means your registered account, including any Sub-Account you create.
- “Content” means anything you create, upload, send or publish through the Services, including messages, media, voice recordings, goals, habits, Challenges, Plans and ratings.
- “Challenge” and “Plan” mean structured programmes of activities offered through the Services.
- “Creator” means a member who publishes Challenges or Plans under the Creator Agency Agreement.
- “Credits” means the units used to access Sequoia AI features.
- “Messages” means communications sent between members through the Services.
- “Sub-Account” means an additional profile created and managed by a primary Account holder.
3. Eligibility, Accounts and Sub-Accounts
3.1 Minimum Age
You must be at least sixteen (16) years old to use the Services. This minimum applies to every Account, including every Sub-Account.
3.2 Account Registration
You must provide accurate information, including a valid email address and phone number, and keep it current. We verify phone numbers using a one-time code. You may sign in using a supported third-party sign-in provider where offered.
3.3 Account Security
You are responsible for safeguarding your credentials and for all activity under your Account. Notify us immediately at info@habitualgrowth.com with the subject line “SECURITY” if you suspect unauthorized use.
3.4 One Account Per Person
You may hold one primary Account. You may not create an Account for anyone else except as a Sub-Account under Section 3.5, nor impersonate another person.
3.5 Sub-Accounts
A primary Account holder may create Sub-Accounts within the limits of their subscription, including by purchasing additional seats.
YOUR RESPONSIBILITIES WHEN YOU CREATE A SUB-ACCOUNT We do not operate an automated age check. By creating a Sub-Account you represent and warrant that the person who will use it is at least sixteen (16) years old, and that you are that person's parent or legal guardian or are otherwise authorized to create and manage the account on their behalf and to consent to our processing of their personal data. You are responsible for the Sub-Account's use of the Services and for ensuring the person using it understands and complies with these Terms.
Sub-Account holders should understand the following before creating one:
- Sub-Accounts have access to member-to-member messaging, contact discovery, public usernames and Sequoia AI on the same terms as any other Account.
- Sub-Accounts do not go through phone verification when created.
- Credits are pooled across the household, so the primary Account holder can see aggregate AI usage.
- Sub-Accounts cannot purchase subscriptions or change billing, and may be restricted from purchasing Credits.
- Deleting the primary Account closes every Sub-Account it manages.
If a Sub-Account is downgraded out of your entitlement, it becomes read-only until you restore capacity.
3.6 Usernames
You choose a public username. It is visible to members you message and on leaderboards. Usernames must be between 3 and 30 characters, may not impersonate another person or organization, and may not use reserved terms. We may reclaim or change a username that violates these Terms.
3.7 Suspension
We may suspend or restrict an Account where we reasonably believe it has been compromised, is being used unlawfully, or breaches these Terms.
4. The Services
4.1 Description
The Services help you set goals, build habits, join or create Challenges and Plans, communicate with other members, and work with Sequoia AI. Features vary by subscription tier and by country.
4.2 License to You
We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Services for your own personal, non-commercial purposes, subject to these Terms.
4.3 Service Changes
We may add, change, suspend or discontinue features. Where a change materially reduces a paid feature, we will give notice as described in Section 22.
4.4 Availability
We do not guarantee uninterrupted availability. The Services may be unavailable for maintenance, updates or circumstances beyond our control.
4.5 Feature Availability and Flags
Some features, including messaging, may be enabled progressively or limited to certain members, countries or subscription tiers. A feature being described in these Terms does not guarantee it is available to you.
5. Subscriptions, Payments and Credits
5.1 Payment Processor
Payments are processed by Stripe. We do not receive or store your full card number. Where a purchase is made through an app store, that store's terms also apply and it may be the merchant of record.
5.2 Pricing, Currency and Taxes
Prices are shown before purchase in your local currency where supported. Prices exclude taxes unless stated; applicable VAT, GST or sales tax is added at checkout and remitted where legally required.
5.3 Subscriptions and Automatic Renewal
Paid subscriptions renew automatically at the end of each billing period at the then-current price until cancelled. You authorize us to charge your payment method on each renewal.
5.4 Free Trials
Where we offer a free trial, its length is stated at sign-up and governs. Unless you cancel before the trial ends, the subscription converts to paid and your payment method is charged.
5.5 One-Time Purchases
Some Challenges and Plans may be purchased individually. Purchases give you access for as long as the item remains available on the Services.
5.6 Cancellation
You may cancel at any time through your Account settings, or through your app store account if you purchased there. Cancellation takes effect at the end of the current billing period. We do not require you to call or write to cancel.
5.7 Refunds
Except where required by law or expressly stated, fees are non-refundable. Your statutory rights under the law that applies to you are not affected.
5.8 Failed Payments
If a payment fails we may retry, notify you, and suspend or downgrade paid features until payment succeeds.
5.9 Billing Disputes
Contact us within sixty (60) days of a charge you believe is incorrect, with the subject line “BILLING.”
5.10 Promotional Codes, Affiliate Codes and Credits
Promotional and affiliate codes have no cash value, may be limited in time or quantity, and may be withdrawn. Where you participate in a referral or affiliate programme, any commission is subject to the programme's own terms, and we may withhold or reverse commissions arising from fraud, abuse or chargebacks.
5.11 Sequoia AI Credits
Access to Sequoia AI features is metered in Credits.
- Your subscription tier includes a monthly Credit allowance, which resets at the start of each billing period. Unused monthly Credits do not carry over.
- Free-trial Credits are granted once and are not renewed.
- You may purchase additional Credit packs. Purchased Credits expire six (6) months after purchase and are forfeited on expiry.
- Credits are consumed in order: monthly allowance first, then trial Credits, then purchased Credits.
- Credits are pooled across a household, meaning a primary Account and its Sub-Accounts draw on the same balance.
- Credits have no cash value, are not transferable, and are not refundable except where required by law.
- Different actions consume different numbers of Credits, based in part on the computational cost of the request. Current costs are shown in the app.
- If your balance is insufficient, AI features are unavailable until you purchase more or your allowance resets.
5.12 Changing Your Subscription Tier
Upgrades take effect immediately with a prorated charge. Downgrades take effect at the end of the current billing period. Features and capacity, including Sub-Account seats and Credit allowances, adjust accordingly.
6. Your Content and Licences
6.1 Ownership
You retain ownership of your Content. These Terms do not transfer ownership to us.
6.2 Licence You Grant Us
You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit, display and adapt your Content solely as necessary to operate, secure and improve the Services and to deliver your Content to the people you send it to. For Content you publish to other members, this licence extends to displaying it to them. The licence ends when you delete the Content, except to the extent it has been shared with others, is retained under Section 11 of the Privacy Policy, or exists in backups.
6.3 Feedback
If you send us suggestions, we may use them without restriction or compensation.
6.4 Your Representations
You represent that you own or have the rights to the Content you submit, that it does not infringe anyone's rights, and that it complies with these Terms and applicable law.
6.5 Content You Submit for AI Processing
If you submit a file, or a link to audio or video, for Sequoia to generate a Challenge or Plan, you represent and warrant that you own the content or have the right to use it for that purpose. You must not submit third-party copyrighted material you are not licensed to use. You are responsible for ensuring that downloading and processing the content does not breach the terms of the platform it comes from.
6.6 Deletion of Content
You may delete Content you created. Deletion from your view does not always remove it from other members' views — messages you have sent remain with their recipients, as described in Section 8.7.
6.7 AI and Machine Learning
Sequoia is the personalized, supportive engine within Habitual Growth. We do not sell your Content for third-party AI training. We may use Content to operate, secure and personalize the Services and, where you have given consent, to improve Sequoia. We send Content and relevant context to contracted AI providers acting as our processors; they are not permitted to train their own general-purpose models on your personal data. Sections 8 and 9.1 of the Privacy Policy explain the data shared, current providers, training choices and how to withdraw consent.
We may select, add, replace or remove AI providers and models, including for quality, reliability, safety, capacity and cost. We do not promise any particular provider or model. An ordinary processor substitution for the same disclosed purposes, data categories and safeguards does not by itself require you to accept new Terms. We will update the current-provider list at habitualgrowth.com/ai-providers before a new AI provider receives personal data and provide any notice, in-app disclosure or explicit permission required by applicable law or app-store rules. Acceptance of these Terms or continued use alone does not replace explicit consent where required. Material changes remain subject to Section 22 and the Privacy Policy.
7. Community Conduct and Prohibited Uses
7.1 Community Guidelines
Our Community Guidelines form part of these Terms and apply everywhere you can reach another member, including in Messages.
7.2 Prohibited Content
You may not create, send, upload or publish Content that:
- sexually exploits or endangers a child, or depicts a minor in a sexualized manner;
- is unlawful, defamatory, fraudulent, or infringes intellectual property or privacy rights;
- harasses, bullies, threatens or incites violence against any person or group;
- promotes terrorism or violent extremism, or supports an entity designated under applicable sanctions or terrorism law;
- constitutes hate speech targeting protected characteristics;
- is pornographic or sexually explicit;
- promotes self-harm, suicide, disordered eating, or dangerous practices;
- offers medical, psychiatric or therapeutic treatment, or recommends controlled substances;
- contains malware, or is spam, phishing or unsolicited advertising;
- discloses another person's private information without their consent;
- is unlawful in a country where the Services are offered.
7.3 Prohibited Conduct
You may not: use the Services to send unsolicited messages; attempt to discover members by systematically submitting phone numbers; circumvent rate limits, Credit limits or access controls; scrape or harvest data; reverse engineer the Services; use automated means to create Accounts; interfere with the Services' operation; attempt to access another member's Account, Messages or data; or use the Services to train a machine-learning model without our written consent.
7.4 Enforcement
We may remove Content, restrict features, suspend or terminate Accounts, and report conduct to authorities where we consider it necessary. Section 12 describes how we handle reports and appeals.
8. Messaging, Groups and Social Features
8.1 Messaging
The Services include member-to-member messaging: one-to-one conversations and group chats, with text, images, videos, voice messages, files, stickers, reactions, read receipts, typing indicators, and cards that share a Challenge, Plan, goal or invitation. Messaging may be enabled progressively, and availability may vary by country or tier.
MESSAGES ARE NOT END-TO-END ENCRYPTED Messages are encrypted in transit but are stored on our servers in a form we are technically able to read. We access message content only where necessary — for example to act on a report, to investigate abuse, or to comply with a lawful legal request. Do not use the Services to send information you would not want us to be capable of accessing.
8.2 Who Can Message You
Messaging is available between members connected through contact discovery or an accepted connection, and between members of the same group chat. You control whether people who have your phone number can find you, through the setting described in Section 8.3.
8.3 Contact Discovery
If you turn on contact discovery, the app sends us one-way keyed fingerprints of the phone numbers in your address book so we can show you which of your contacts are members. Phone numbers and contact names are not sent through this feature. If another member has your verified number saved, they can see that you are a member and send you a connection request; this is on by default and you can turn it off in Settings. You may delete your fingerprints at any time.
The separate invite feature in onboarding transmits phone numbers in plain form rather than as fingerprints. Our Privacy Policy describes this difference.
8.4 Groups and Group Chats
Groups are member-created communities. The member who creates a Group is its administrator and may invite or remove members and set the Group name. Any member may leave at any time. Group names and group chat content are Content and must comply with these Terms.
8.5 Media, Voice Messages and Files in Messages
You may send images, videos, voice messages and files within the size and format limits shown in the app. You are responsible for the material you send, including anything audible in a recording you make — do not record other people without their knowledge or consent, and be aware that recording a conversation without consent is unlawful in some jurisdictions.
HOW MESSAGE MEDIA IS SERVED Media you send is stored and served from an address that is long and unguessable but is not individually access-controlled. Anyone who obtains that address could retrieve the file. Treat media you send as potentially recoverable by someone outside the conversation, and do not send material whose disclosure would harm you.
8.6 Blocking and Reporting
You may block another member, which prevents them from messaging you, and you may report a Message, a member, a Group, a profile picture, a Challenge or a Plan. When you report a Message you may choose to attach its content so we can review it. See Section 12.
8.7 Deleting Conversations and Message Retention
Deleting a conversation removes it from your view only. It does not delete the conversation for other participants, and messages you have sent remain in their conversations. Message records are deleted automatically 365 days after they are sent. Media and voice messages sent in messages are not currently subject to automatic deletion.
8.8 Leaderboards and Ratings
Group leaderboards display high-level participation metrics such as activity counts and streaks, together with your username and profile picture. They do not display the content of your habits, goals or reflections. Ratings of Challenges and Plans are anonymous to other members and used to calculate aggregate scores.
8.9 Communications From Us
By creating an Account you consent to receive transactional communications. Marketing and motivational communications are optional and can be turned off in your settings.
9. Creator Program, Challenges and Plans
9.1 Who May Create
Any member may create Challenges and Plans for personal use. To publish or monetize them you must accept the Creator Agency Agreement.
9.2 Review and Approval
Challenges and Plans submitted for publication are subject to review and approval. Review may include automated screening and human review. We may approve, reject, or ask for changes, and we will tell you the reason for a rejection.
9.3 Subject-Matter Restrictions
Published Challenges and Plans must not contain violence, pornography, illegal activity, recommendations regarding controlled substances, medical or therapeutic claims, or guarantees of results.
9.4 Required Disclaimer
A standard health and wellness disclaimer is displayed with every published Challenge and Plan, and you may not remove or obscure it. Where a Challenge or Plan was generated with AI assistance, that fact is recorded and may be displayed.
9.5 Revenue Share
Where you monetize Content as a Creator, the revenue share, payout thresholds, timing and tax documentation requirements are set out in the Creator Agency Agreement.
10. Third-Party Services and Integrations
10.1 Third-Party Services
The Services rely on third parties including payment, messaging-delivery, verification, analytics and AI providers. We are not responsible for third-party services, and your use of them may be subject to their terms.
10.2 Links
Links to third-party sites are provided for convenience and are not endorsements.
10.3 Third-Party Sign-In
Where offered, you may sign in using a supported third-party provider. That provider's terms and privacy policy govern their handling of your information.
10.4 No Health or Fitness Integrations
The Services do not offer direct integrations with third-party health, fitness or biometric tracking services such as Apple Health, Google Fit, Health Connect, Whoop, Oura, Garmin, Fitbit or Strava. If such integrations become available, additional terms and updated privacy disclosures will apply.
11. Intellectual Property
The Services, including software, design, text, graphics and trademarks, are owned by Habitual Growth or its licensors and are protected by intellectual property laws. Except for the limited licence in Section 4.2, no rights are granted to you. You may not use our name, logo or branding without our prior written permission.
12. Content Moderation, Reporting and Appeals
12.1 Our Approach
We use a combination of proactive controls — including review of Challenges and Plans before publication and automated safety screening of AI conversations — and reactive moderation driven by member reports. We do not proactively monitor the content of Messages, and nothing in these Terms creates an obligation to do so.
12.2 How to Report
You can report through the in-app reporting tools, which are available on Messages, members, Groups and Group names, profile pictures, Challenges and Plans. You can also email info@habitualgrowth.com with “REPORT” in the subject line. For copyright, see Section 13.
When reporting a Message you may attach its content. Please include enough detail for us to locate the Content and understand your concern. We limit the number of reports a member may submit in a day to prevent abuse of the reporting system.
12.3 Our Response
We aim to acknowledge reports within seventy-two (72) hours. For reports concerning imminent risk to life, child sexual abuse material, or terrorist content, we aim to review and act within twenty-four (24) hours and, where required, report to law enforcement or a designated hotline. Action may include no action, removing Content, limiting visibility, restricting features, or suspending or terminating an Account.
12.4 Statement of Reasons
Where required by applicable law, we provide a written statement of reasons to the affected member explaining the basis for a moderation decision and the avenues for redress.
12.5 Appeals
You may appeal a moderation decision by emailing info@habitualgrowth.com with “APPEAL” in the subject line within six (6) months of the decision.
12.6 Blocking
Blocking is available to every member and takes effect immediately. We do not notify the blocked member.
12.7 Trusted Flaggers and Repeat Infringers
Where required by applicable law we give priority to reports from designated trusted flaggers. We may suspend members who repeatedly post manifestly illegal content and members who repeatedly submit manifestly unfounded reports, after prior warning.
13. Copyright and DMCA Policy
We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act and equivalent laws. Send notices to our designated agent at info@habitualgrowth.com with “DMCA” in the subject line, including the information required by 17 U.S.C. § 512(c)(3). We provide a counter-notice procedure and terminate repeat infringers in appropriate circumstances.
14. Privacy
Our Privacy Policy explains how we collect, use, share and protect personal data, and forms part of these Terms. Please read it, particularly the sections on messaging, contact discovery, Sequoia AI, retention and account deletion.
15. Health, Wellness and Crisis Disclaimers
15.1 Not Medical Advice
Habitual Growth is a personal-growth and habit-formation product. It is not a medical device and does not provide medical, psychiatric, psychological, nutritional, legal or financial advice. Content in the Services, including Challenges, Plans and anything Sequoia says, is for general informational and motivational purposes only.
15.2 Consult a Professional
Always seek the advice of a qualified health professional before beginning any exercise, dietary, sleep or wellness programme, and before acting on anything you read in the Services. Never disregard professional advice or delay seeking it because of something in the Services. If you have a medical or mental-health condition, are pregnant, or are taking medication, consult your clinician first.
15.3 Sequoia Is Not a Therapist
Sequoia is an AI-enabled engine within Habitual Growth. It is not a therapist, counsellor, physician or crisis worker, and it has no professional credentials or duty of care. It can be wrong, including confidently wrong. Do not rely on it for any decision affecting your health, safety, finances or legal position.
15.4 Crisis Screening and Its Limits
IF YOU ARE IN CRISIS, CONTACT EMERGENCY SERVICES Messages to Sequoia are automatically screened for indications of suicidal ideation, self-harm and abuse, and matching messages receive crisis resources in response. This screening is automated and imperfect: it can miss genuine distress and can flag messages that are not distressing. It does not alert a human, does not summon help, and is not monitored in real time by anyone. Habitual Growth is not a crisis service and must never be used as one.
If you are in immediate danger, contact your local emergency number. Free, confidential crisis support is available in every country where we offer the Services:
Country | Service | Contact |
|---|---|---|
United States | 988 Suicide & Crisis Lifeline · Crisis Text Line | Call or text 988 · text HOME to 741741 |
Canada | 9-8-8 Suicide Crisis Helpline | Call or text 988 |
Australia | Lifeline | 13 11 14 |
New Zealand | Need to Talk? | Call or text 1737 |
Philippines | National Center for Mental Health Crisis Hotline | 1553 |
Singapore | Samaritans of Singapore | 1767 |
Hong Kong SAR | The Samaritans (multilingual) | 2389 2222 |
India | Tele-MANAS | 14416 |
Malaysia | Talian HEAL | 15555 |
Pakistan | Umang | 0304 111 1741 |
A current directory of helplines worldwide is maintained at findahelpline.com. If a number above has changed, that directory is authoritative.
15.5 No Guarantee of Results
We make no promise that using the Services will produce any particular outcome. Results depend on many factors outside our control.
15.6 Content From Other Members
Challenges, Plans and Messages created by other members reflect their views, not ours. Review them critically and apply your own judgement.
16. Disclaimers of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT CONTENT WILL BE ACCURATE.
Nothing in this Section excludes or limits any warranty or statutory guarantee that cannot be excluded under the law of your country. Your statutory rights remain in effect.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HABITUAL GROWTH AND ITS OFFICERS, MEMBERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES.
OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (US$100).
These limitations do not apply to liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, for fraud, or under any non-excludable consumer guarantee.
18. Indemnification
You agree to indemnify and hold harmless Habitual Growth and its officers, members, employees and agents from any claim, demand, loss or expense (including reasonable legal fees) arising from your Content, your use of the Services, your breach of these Terms, or your violation of any law or third-party right. This does not apply to the extent the claim arises from our own negligence or wilful misconduct, and does not limit any non-excludable right you have as a consumer.
19. Term, Termination and Suspension
These Terms apply while you use the Services. You may stop at any time and may delete your Account in the app. We may suspend or terminate your access where you breach these Terms, where required by law, or where continued provision would create risk to other members or to us. On termination, the licence in Section 4.2 ends. Sections 6, 11, 15, 16, 17, 18, 20 and 21 survive.
Deleting your Account closes and anonymizes it rather than erasing every record. Section 12 of the Privacy Policy explains precisely what is retained and why. Please read it before deleting.
20. Dispute Resolution; Arbitration; Class Waiver
20.1 Informal Resolution First
Before starting formal proceedings, please contact us at info@habitualgrowth.com with “DISPUTE” in the subject line. We will try in good faith to resolve the matter within sixty (60) days.
20.2 Agreement to Arbitrate
Except as stated below, you and Habitual Growth agree that any dispute arising from or relating to these Terms or the Services will be resolved by binding individual arbitration administered by JAMS under its applicable rules, seated in Denver, Colorado, with the arbitrator empowered to award any relief available in court.
20.3 Exceptions
Either party may bring a claim in small-claims court, and either party may seek injunctive relief in court to protect intellectual property or to address unauthorized access.
20.4 Class Action Waiver
YOU AND HABITUAL GROWTH AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
20.5 Mass Arbitration
Where twenty-five (25) or more similar claims are filed by or with the assistance of the same counsel, the parties will cooperate with JAMS to apply any applicable mass-arbitration or batching procedures.
20.6 Opt-Out
You may opt out of Sections 20.2 and 20.4 by emailing info@habitualgrowth.com with “ARBITRATION OPT-OUT” in the subject line within thirty (30) days of first accepting these Terms. Opting out does not affect any other part of these Terms.
20.7 Where This Section Does Not Apply
This Section does not apply where a pre-dispute arbitration agreement or class waiver is unenforceable under the mandatory law of your country. Any non-excludable right to bring a claim in court or seek relief from a competent authority remains in effect.
21. Governing Law and Venue
These Terms are governed by the laws of the State of Colorado and applicable United States federal law, without regard to conflict-of-laws rules. Subject to Section 20, the courts located in Denver County, Colorado have exclusive jurisdiction. If you are a consumer, this does not deprive you of the protection of the mandatory consumer-protection law of your country of habitual residence, and you may bring proceedings in the courts of that country where local law so provides.
22. Changes to These Terms
We may update these Terms. The “Last Updated” date shows when they last changed. For material changes that adversely affect your rights, we will give at least thirty (30) days' notice in the app or by email before they take effect. Continuing to use the Services after the effective date means you accept the updated Terms. If you do not accept them, stop using the Services and delete your Account.
IF YOU JOINED BEFORE THE EFFECTIVE DATE These Terms take effect on the Effective Date shown at the top and apply from that date to anyone who creates an Account on or after it. If you already had an Account before that date, the notice commitment above applies to you: the changes in this version that materially and adversely affect your rights — in particular Section 17 (Limitation of Liability) and Section 20 (Dispute Resolution; Arbitration; Class Waiver) — take effect for you thirty (30) days after we notify you, not on the Effective Date. Everything else in this version, including the new terms for messaging and Sequoia Credits, applies when you first use those features.
This revision does not restart, shorten or waive any notice period required for earlier changes, including the October 27, 2026 relaunch changes. Publishing a policy does not itself deliver the individual notice promised above.
23. App Store Terms
23.1 General
If you obtained the app through an app store, that store's terms also apply, and where they conflict with these Terms in relation to the app itself, the store's terms prevail to the extent of the conflict.
23.2 Apple
These Terms are between you and Habitual Growth, not Apple. Apple has no obligation to provide maintenance or support. If the app fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for product liability claims, claims that the app fails to meet legal requirements, or third-party intellectual-property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them. You represent that you are not located in a country subject to a US Government embargo or designated as terrorist-supporting, and are not on any US Government restricted-party list.
23.3 Google
If you obtained the app through Google Play, Google's terms apply to that distribution. Google is not a party to these Terms and is not responsible for the app.
24. International Use, Export Controls and Local Law
The Services are operated from the United States and are offered in ten countries: the United States, Canada, Australia, New Zealand, the Philippines, Singapore, Hong Kong SAR, India, Malaysia, and Pakistan. We do not offer the Services elsewhere, and an Account created from outside these countries may be closed. You are responsible for compliance with local law where you use them. You may not use the Services in violation of US export control or sanctions laws, or from an embargoed jurisdiction.
Content that is lawful in one country may be unlawful in another. Where we are required by a competent authority to remove or restrict Content in a particular country, we may do so for users in that country. This applies in each country where the Services are offered, including where local law restricts categories of online content.
25. General Provisions
These Terms, together with the Privacy Policy, Community Guidelines and, where applicable, the Creator Agency Agreement, are the entire agreement between us. If a provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for failure to perform due to circumstances beyond its reasonable control. Nothing creates a partnership, joint venture or employment relationship.
26. Contact
Habitual Growth, LLC, 12081 W Alameda Pkwy, PMB 139, Lakewood, CO 80228, United States. Email info@habitualgrowth.com. Please include your country and request type so that your message is routed correctly.
Habitual Growth, LLC · Terms of Use v3.2 · Effective October 30, 2026