HabitCoach, Barcelona, Spain (thereafter “HabitCoach”) operates a platform for self improvement on the internet portals http://www.gethabitcoach.com and other websites as well as via mobile applications – so called “Apps” – (thereafter platform). Within this scope, HabitCoach’s authors will get most important actions from nonfiction books and provide it in friendly way.
Use of the platform (including Apps) shall be exclusively subject to the following general terms and conditions.
No special contractual text is intended for the contract regarding platform use. The content of the contract concluded between you and HabitCoach follows these general terms and conditions as well as the information provided during the process of registration (cf. cipher 3.) as well as during contracting of a fee-based subscription (cipher 5) that will be saved by HabitCoach and available at any time in your user account.
By registering and/or using the HabitCoach services, you accept the use and application of these terms and conditions.
HabitCoach shall retain the right to change individual clauses with effect for the future. If we do not obtain your specific consent for a terms and conditions amendment, you will be timely informed of any changes to the terms and conditions (at least four weeks prior to the effective date of the amended terms). For this purpose, HabitCoach will send you the new version of the terms and conditions to the email address you provided during registration. In this context, HabitCoach will notify you explicitly regarding the opportunity and objection period against the changes as well as about the consequences of an omitted objection.
If you do not object to the changes within four weeks after the effective date of the changed user conditions, the changed user conditions shall be deemed accepted. The period shall start with the day that it is communicated to you via email as the effective date of change.
In the event that you object the changes, HabitCoach shall be entitled to terminate the user contract and delete your user account, under consideration of your interests if continuing of the contractual relationship under the scope of the current terms and conditions is not possible or unreasonable for HabitCoach, effective from the date the changed user terms come into force.
HabitCoach will provide you with a actions from nonfiction books, prepared carefully by experts and tested with other group of people.
The rights on HabitCoach’s services and contents that are dispersed this way shall stay and remain with HabitCoach or HabitCoach’s licensors. HabitCoach software applications and contents shall be licensed to you within the scope of the contractual use. We will only grant you a non-exclusive (simple) and temporary right pursuant to cipher 2.3 for personal use of HabitCoach’s services and contents.
The scope of the provided contents shall depend on the precise free account, subscription (cf. 4.) or trial (cf. cipher 5.) which you respectively chose (the “license”). The license shall be restricted to the period of the free account/subscription/trial.
All HabitCoach trademarks as well as our trade names, logos, domain names and other peculiarities of the HabitCoach trademark are under the sole ownership of HabitCoach. The license does not grant you the right to use HabitCoach trademarks, our trade names, logos, domain names or other features of the HabitCoach trademark, irrespective of whether for commercial or non-commercial use.
If you are using a free service, HabitCoach shall be allowed to show you advertisement on the platform.
A registration with HabitCoach is necessary for using HabitCoach’s services.
You can use your email address and a self-determined password for registration.
The used password shall be kept confidential. You are solely and to the full-extent responsible for keeping it confidential. You are the only person entitled to use your HabitCoach user account. HabitCoach shall be notified immediately of any unauthorized use of the user account as well as any suspicion thereof.
You may register via email address or log-in through a so called social-connect service (e.g. Facebook-connect).
Registration and/or log-in via social-connect establishes a free contract between HabitCoach and you regarding the use of the HabitCoach platform (cf. cipher 1.3.).
All information necessary for registration shall be made complete and accurate and shall be kept up-to-date at all times.
Registration shall require a minimum age of 18 years. As a minor you are only allowed to register with HabitCoach if you are at least 14 years old and your statutory agents have given their consent. We shall have the right to make services of HabitCoach subject to appropriate proof of your identity, your legal majority or the consent of your statutory agent.
HabitCoach shall be entitled to save and process your data provided during the registration process pursuant to the data protection regulations.
There is a fee-based subscription available (“Subscription Access”) so that you can use the full scope of HabitCoach’s services. The subscription can be entered into for different periods which are presented to you in the order options.
HabitCoach’s subscription accesses are fee-based and advertisement-free subscriptions which enable you to access a set of our content and features through our mobile and web based applications, depending on the subscription tier you’ve purchased.
The access to our library persists for the subscription period.
To become the holder of a HabitCoach account with subscription access you will have to register with your user data, submit your credit card data and confirm your subscription by clicking the button “subscribe for xx€”. You will receive a subscription confirmation email as soon as you have done this. Your subscription starts on this day. Please read our data protection notification for information regarding gathering, using and processing of your data.
You can also subscribe via In-App-Purchase via iOS- or Android-Apps. For this purpose, you will have to choose the desired option on the subscription screen of the App, whereupon a pop-up will appear in which you have to enter your Apple- / Google-Play-password. As soon as you have done this, another pop-up will appear in which you have to confirm the subscription purchase again. You may still cancel the process at this stage.
HabitCoach will occasionally offer new users the use of the subscription access for trial purposes for a certain time free-of-charge (so called “trial”). HabitCoach determines at its own discretion if you can participate in the trial. HabitCoach shall have the right to stop or change a free trial at any time without prior notification or termination period if good cause is present.
Participation in certain trials might only be possible if you enter your payment data during trial registration. In such event, we will need your consent at the beginning of the trial that your free access will be switched to a fee-based subscription access on the day after your trial expired (cipher 4.). In this event your subscription will subsequently renew itself depending on the term you’ve committed to when accepting the trial access and can be terminated until one day before the subscription is set to renew (cipher 8.3).
If you do not want the subscription service in an event of cipher 5.2 and the corresponding charges, you will have to terminate the subscription access provided within the trial prior to the trial expiry (e.g. conveniently via your HabitCoach Account Settings).
If you are a consumer (meaning an individual making the order for a purpose that is not for commercial or self-employed activity), the following revocation right shall apply for using HabitCoach regarding conclusion of fee-based subscriptions as well as for the purchase of codes or download bundles:
If you purchased access to a fee-based HabitCoach service or offers that are subject to charges (codes, download bundles) via the HabitCoach platform, you shall have the right to revoke this contract within fourteen days without having to give reason. The revocation right shall exist for a period of fourteen days from the day of contract conclusion. For exercising your revocation right, you shall notify us
via an explicit statement (e.g. letter via email) regarding your decision to revoke the contract. You can use the attached revocation template for this purpose, which, is however not compulsory.
Dispatching of the revocation notification before the revocation period expires shall suffice to meet the revocation deadline.
If you revoke this contract, we shall be obligated to refund all payments that we received from you, including shipping costs (except for costs that resulted from you opting for another way of shipment than the cheapest standard delivery offered by us) immediately and by no later than fourteen days from the day that we received your contract revocation notice. We will use the same payment method for this refund that you used for the original transaction, unless we have stipulated a deviating method with you. This refund shall under no circumstances be subject to charges for you.
(If you intend to revoke the contract, please fill-out this form and return to us)
I/We (*) hereby cancel the concluded contract by me/us (*) regarding the purchase of the following goods (*)/(performance of the following service (*)
Ordered on (*)/Received on (*)
Address of Consumer(s)
Signature of Consumer(s) (only if paper notification)
(*) (*) Delete as applicable.
– End of revocation instructions –
The conclusion of the subscription access (cipher 4.) is subject to charges.
For payment purposes, the fees payable to HabitCoach will be charged to the credit card account you provided during ordering your subscription (cipher 4.3.).
In the event of access via a code, payment shall occur via the payment method stipulated on the invoice, e.g. PayPal or money transfer.
In the event of download bundle purchase, payment shall also occur by charging the credit card account (cipher 4.3.) provided during subscription purchase.
In the event of a subscription via our iOS- or Android-Apps, payment shall occur via Apple’s or Google’s In-App-Purchase process.
Your payment obligation vis-a-vis HabitCoach within a premium access shall automatically renew itself at the end of the respective subscription term, if you do not terminate your fee-based subscription at least 24 hours prior to the end of the term (cipher 8.3.).
The free user contract shall start at the time of your registration pursuant to cipher 3. for an indefinite period.
You can terminate the free user contract at any time. For this purpose, you can delete your account via our Web-App under “Settings”.
The fee-based subscription access (cf. cipher 4.) shall run at least for your initially selected period and shall automatically renew itself if you do not terminate at least 24 hours prior expiry of this period. The subscription period shall extend respective of its currently used subscription model.
You can terminate subscriptions that you entered into via our Web-App in the settings of the Web-App. For this purpose, you will have to login, open the settings via the menu and click on “Terminate Subscription”.
You can terminate a fee-based subscription concluded via our iOS or Android Apps in the iTunes / Google Play settings.
Termination of the subscription access shall become effective the day after the last day of your subscription period and you will be downgraded to a free user contract (Free Service). After renewing your subscription you will however be able to access your old status and your reading lists. If you intend to delete your entire account, you can do so via the settings of our Web-App (cf. cipher 8.2.). All data will be deleted irrevocably in this case.
The right to suspend and terminate for good cause shall remain unaffected by the aforementioned provisions.
If you purchased a HabitCoach code with which you can use a premium access for the time stipulated on your email, card or respective paper receipt, then you are entitled to use the HabitCoach platform for the respective period.
For redeeming the code, you will first have to register with HabitCoach (cf. cipher 3.) first and subsequently activate the code through the specifically herefore created website
Codes cannot be redeemed for cash nor refunded, exchanged or used for purchase of other codes.
Please be aware that when using a code or another offer, specific provisions relating to the code or offer will apply in addition to these terms and conditions (particularly period of validity).
After expiry of the respective period, the subscription access ends automatically and you will be downgraded to the Free Service. If you want to continue the subscription access use, you can enter into a new subscription (cf. 4.) any time. If you intend to delete your entire account, you can do so via the settings of our Web-App (cf. cipher 8.2.). All data will be deleted irrevocably in this case.
HabitCoach shall not be liable for user damage claims. HabitCoach shall only be liable for damages arising from body, life or health violations or from violations of material contractual duties (cardinal duties) as well as for damages for other damages arising from intentional and gross negligent breach of duty of HabitCoach, its statutory agents or vicarious agents. Material contractual duties are duties that are required to make proper performance of the contract possible and on whose fulfilment you can rely.
In the event of violation of material contractual duties, HabitCoach shall only be liable for the contractual and typically foreseeable damages if these were caused by slight negligence, unless, damages arising from injury to life, body or health are present.
The restrictions stipulated under ciphers 10.1. and 10.2. shall also apply for duty violations of vicarious agents and statutory agents of HabitCoach if claims are made directly against these.
HabitCoach grants a warrant of merchantability in accordance to the law.
If one provision of these terms and conditions shall be void, the remainder of the contract shall remain unaffected thereof. The void provision shall, if applicable, be replaced by the statutory provisions.
The laws of the Federal Republic of Germany shall apply; excluding the EGBGB conflict of law rules and the UN-Convention on the International Sale of Goods (CISG). Statutory provisions (especially consumer protection provisions) legally required by a customer’s country of residence remain unaffected.
The exclusive place of jurisdiction for all disputes directly or indirectly resulting from the contractual relationship shall be the competent court at HabitCoach’s registered seat of business if you are an entrepreneur, a legal entity of public law or a special public fund, or have no general place of jurisdiction within the Kingdom of Spain or another EU member state or relocated your residence/business seat after application of these Terms abroad and outside the European Union.
HabitCoach, Kraków, Poland (thereafter “HabitCoach” or “we”) operates a platform for mobile reading on the internet portals http://www.getHabitCoach.com and other websites as well as via mobile applications – so-called “Apps” – (thereafter platform).
We are happy that you are interested in HabitCoach. For providing you with our service, we will need certain information about you. This data protection notification elaborates which data we collect from you for what purpose.
If you should not consent to this data protection notification, please do not use HabitCoach.
“Personal data” shall be data that can identify you personally (e.g. name, e-mail address or invoice information) and other information that can be connected to this type of information and that allow a conclusion regarding your identity.
“Pseudonymised data” shall be data in which the information appropriate for identifying a certain person are replaced by a pseudonym so that the data cannot be matched to a certain person without knowledge of the correlation which is saved outside the data set.
“Anonymized data” shall be data where the respective person is unknown and cannot be determined.
If you register with HabitCoach (for a subscription, a free trial or use of a code) we will collect personal data that you voluntarily submit with registration. In particular, these are your e-mail address and your selected password.
We also collect upon registration, data regarding country and language that you have saved as standard setting in your browser or smartphone.
We use this data without your explicit consent only for performing our offered services. We will only forward your personal data without your explicit consent to third parties if this is necessary for performing our services or for complying with statutory obligations (see cipher 3 below).
We save all your registration data so that we can use them for performing HabitCoach’s services. The data will be deleted after the end of the contract as soon as they are not needed for invoicing purposes any longer. If a deletion conflicts with statutory, contractual or by-law imposed storage periods, the data shall be suspended instead.
The specific information that is transferred to us will be individually listed during your first log-in with HabitCoach via Facebook in detail. With registration on our website via Facebook Connect, you consent to profile data transfer from your Facebook profile to HabitCoach as well as to the transfer of data to Facebook for using of HabitCoach. Your data transferred through Facebook Connect will be saved and processed by us for registration purposes on the HabitCoach platform.
If you are using HabitCoach services, we will automatically collect personal usage data that is necessary for performing the services and/or invoicing. Personal data shall only be collected if you provide us with these when opening a customer account or registration for our newsletter. In accordance with statutory provisions and for the purpose of data economy, generally only data necessary for the respective service shall be collected.
In particular, these are your e-mail address, your password, your country and your language. In the event that you connect via Facebook Connect, we will also collect your first and family name. To the extent that our forms ask for further information, such information shall always be optional and will be marked as such.
We will use your provided data without your separate consent only for fulfilling and performing of our services and for complying with statutory requirements. Forwarding of your personal data to third parties shall only occur if this is necessary for performing our services or for complying with statutory requirements.
Your accruing personal data regarding the access history will be deleted immediately after its termination or, if this is legally forbidden, suspended.
For performing HabitCoach services and to make your visit to our website pleasant and to ensure use of certain functions, we will also use so-called cookies for data collection and saving. Cookies are small data packages that are stored on your device. They will not cause any harm there. Two types of cookies will be used. Temporary cookies will be automatically deleted with closing of your browser (so-called session-cookies). Permanent cookies will remain on your device and enable us or our partner company to recognise your browser at your next page visit (so-called persistent-cookies).
Cookies enable us to comprehend your user behaviour. They are also supposed to provide you with optimised surfing on our website. You can configure your internet browser so that you will be notified of cookie storage und decide about their acceptance in an individual case or reject cookies generally or for certain cases.
Certain features might not be able available to you if you prevent cookie storage in your browser settings.
HabitCoach uses Google Analytics, a web analysis service of Google Inc., 1600 Amphitheatre Parkway, Mountain View CA 94043, USA Tel: +1 650 253 0000 Fax: +1 650 253 0001 (“Google”). Google Analytics also uses so-called “Cookies”, text files that are stored on your computer enabling analysis of your use of the internet site. The information created by the cookie regarding your website use will usually be transferred to a Google server in the USA and saved there. HabitCoach will anonymise the IP address (anonymise IP so called IP-masking), and your IP address will be shortened by Google within the member states of the European Union or other contracting states to the Agreement on the European Economic Area. The full IP address shall only be submitted to a Google server in the USA in exceptional cases only and will be shortened there. Google will use this information on behalf of HabitCoach to evaluate your use of the website, to compose reports regarding website activity and to perform further service relating to further services connected to website and internet use vis-a-vis HabitCoach. The IP address submitted by your browser within the Google Analytics process shall not be connected with other Google data.
You can prevent cookie storage as stipulated above under cipher 2.5. by a respective browser-software setting, which however has the effect that some features of HabitCoach websites are not fully useable. You can also prevent Google’s collection of the data created by the cookie and related to your website use (including your IP address) and processing of this data by Google through downloading and installing the following browser-plugin http://tools.google.com/dlpage/gaoptout?hl=de
The user profiles created by Google Analytics serve the purpose of visitor behaviour analysis and are evaluated for improving and customising of our offers.
The pseudonymised user profiles will not be connected with your personal data without your separate explicit consent.
You can find further general information about Google Analytics here, and data protection law information regarding Google Analytics here
HabitCoach also uses the web analysis service of Mixpanel Inc., 799 Market St, Floor 7, San Francisco, CA 94103, USA. Mixpanel also uses so-called “Cookies”, text files that are stored on your computer enabling analysis of your use of the internet site. The information created by the cookie regarding your website use will usually be transferred to a Mixpanel server in the USA and saved there. HabitCoach will anonymize the IP address ((anonymize) so called IP-masking), and your IP address will be shortened by Mixpanel within the member states of the European Union or other contracting states to the Agreement on the European Economic Area. The full IP address shall only be submitted to a Mixpanel server in the USA in exceptional cases and will be shortened there. Mixpanel will use this information on behalf of HabitCoach to evaluate your use of the website and to compose reports regarding website activities. The IP address submitted by your browser within Mixpanel process shall not be connected with other Mixpanel data.
You can prevent cookie storage as stipulated above under cipher 2.5. by a respective browser-software setting, which however has the effect that some features of HabitCoach internet site are not fully useable. You can also prevent Mixpanel’s collection of the data created by the cookie and related to your website use (including your IP address) and processing of this data by Mixpanel through activating the so called “Opt-out-Cookie” on the web page http://mixpanel.com/optout/. Please be aware that this cookie and by this the recording ban will be deleted as soon you delete your cookies in your browser settings.
The user profiles created by Mixpanel serve the purpose of visitor behavior analysis and are evaluated for improving and customizing of our offers.
The pseudonymised user profiles will not be connected with your personal data without your separate explicit consent.
Further general information about Mixpanel is available here.
If you are using our trials or if you sign-up for our subscriptions or purchase something via the service, credit card information and other finance related information that are necessary for payment processing will be collected and saved by a payment service provider. We also collect certain limited information, e.g. your postal code, cell phone number and details of your transaction history. Other than that, the payment service providers usually provide us only with very limited information regarding you, e.g. the specific token that enables you to perform further purchases using the data saved by the provider as well as your type of card, expiration date und the last four digits of the number.
HabitCoach offers you the opportunity to recommend offers, services and/or products via Facebook. HabitCoach uses Facebook’s social plugins for this purpose. These services are offered by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (Facebook). The list and the look of the Facebook social plugins can be viewed here and you can find other general information about the social plugins here.
When loading the internet site in your browser, the code of the social plugin will be directly requested by a Facebook server through your browser and integrated into the appearing HabitCoach internet site in your browser. HabitCoach has thus no influence on the scope of retrieved data by Facebook in this relation.
According to Facebook’s own information, Facebook saves date and time of your visit, the precise Internet address in which the social plugin is located and other technical data, e.g. IP address, browser type, operating system for a period of 90 days in order to optimize Facebook’s services. After expiry of the 90 days, the data will be anonymised so that they cannot be related to you any longer. You can find more information from Facebook here.
If you are logged-in on Facebook during a visit on a website of HabitCoach, Facebook can associate the pages you visited to your Facebook account. Through the interaction with the social plugins (clicking etc.) the information evoked by the interaction will be transferred to and saved by Facebook. You can prevent this by logging-off Facebook prior to visiting our website.
It is also possible to generally block Facebook plugins. There are extensions for respective browsers for this purpose (e.g. the Facebook Blocker) which you have to install and activate on your respective browser. Facebook data protection notifications as well as further setting options for protecting your privacy are available here.
Please also inform yourself regarding Facebook under all provided links as Facebook’s data protection policies are frequently updated and amended due to the extended functionality of social plugins.
HabitCoach offers you the opportunity to post offers, services and/or products and/or events etc. via Twitter. For this purpose, we use the service of Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107 and an accordingly configured plugin.
The Tweet-Button enables you to share our contents via Twitter. The button shows the amount of Tweets regarding a shared content.
When loading the website in your browser, the code of the Tweet-Button will be directly requested by a Twitter Inc. server and integrated into the website appearing in your browser. We have thus no influence on the scope of data retrieved by Twitter Inc.
According to Twitter’s own information, Twitter Inc. saves the sent Tweet message and its metadata. This includes the following according to our estimation: Date and time of the Tweet, precise and/or shortened internet address on which the Tweet-Button is located and further technical data, e.g. IP address, browser type or your operation system. Twitter Inc. does not share the information of how long information is saved for. You can find further information of Twitter Inc. here.
Please inform yourself there as information of Twitter Inc. are frequently updated and amended due to extended or modified functionalities.
HabitCoach offers you the opportunity to mark suppliers, services and/or products with the Google “+1” button and recommend these via your Google Plus network. This service is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.
When loading the HabitCoach website in your browser, the code of the “+1” button will be directly requested by a Google server through your browser and integrated into HabitCoach’s appearing website in your browser. We have thus no influence on the scope of data retrieved by Google.
According to Google’s own information, Google records the information pertaining to your provided +1 content as well as information regarding the site that you were looking at when clicking +1, thus the internet address and your IP address other browser related information. You can access the +1 button data protection policies here.
If you are logged-onto your Google account, the recorded information will be allocated to your account/Plus-Account. Your +1 may be displayed as references together with your profile name and your photo in Google services, e.g. search results, or your Google profile or at other places on websites or internet ads.
According to Google’s own information, Google does not record your internet visits nor your permanent browsing history and neither evaluates your visit on a site with a +1 button in any other way. Google does however save some data short-term, usually for an approximate period of two weeks, regarding your visit for system maintenance and troubleshooting purposes. This data is however not structured according to individual profiles, usernames or URLs. You can find further information from Google here. You have full control over your +1 contents at all times. You can manage all your +1 via the +1 tab in your Google profile. If you do not want that Google collects and connects your data via our website to your Google Plus Account or Google account, you have to log-off from Google prior visiting our website.
You can obtain further information regarding purpose and scope of data collection, saving and processing by Google as well as settings here:
Please inform yourself there as data protection policies of Google products are frequently updated and amended due to extended functionality.
With newsletter registration, your e-mail address will be used for HabitCoach information and advertisement until you cancel the newsletter. Cancellation is possible at any time. You have given your consent to the following either separate or explicitly during the ordering process, and we have recorded your consent. Pursuant to the German Telemedia Act we are obligated to make the content of consent available at any time.
□ I want to subscribe to the newsletter (cancellation possible at any time).
You can revoke this consent effective for the future at any time by clicking “Unsubscribe Newsletter” at the end of the newsletter or sending your revocation to HabitCoach to the following contact address:
Revoking your consent for receiving the newsletter will not cause any costs for you; except for transmission costs pursuant to the respective basic rates of your phone/internet provider.
If we received your e-mail address in connection with selling goods or services, we are also entitled to send you newsletters for direct advertising of our own similar goods or services without your (explicit) consent, unless you have rejected such use.
You can object to this use at any time with effect for the future without occurring any costs other than transmission costs pursuant to basic tariffs.
Data protection of our users is a special concern for us. Your password protects your user account and should be thus a strong password that is not used elsewhere. You should restrict access to your computer and browser and you should log-off after using HabitCoach services.
The HabitCoach portal and our systems are protected through technical and organisational measures against loss, destruction, access, alteration or distribution of your data through unauthorised parties. A complete protection against all hazards is however not possible in-spite of frequent controls.
HabitCoach shall be entitled to display advertisement or other contents that contain hyperlinks to third-party websites. Only the provider of the website referred to shall be liable for illegal, erroneous or incomplete contents and particularly for damages that result from use or non-use of these links. We have no influence particularly on the data protection measures and contents of the sites linked to.
You can access and change your profile data via your account-settings.
If you have any questions or comments about this data protection notification or your personal data, please contact us via support@getHabitCoach.com. You can certainly always request free of charge information regarding data we saved about you, e.g. via e-mail support@getHabitCoach.com. We will answer within an appropriate period after proof of identity. You may possibly be entitled to request that your data will be corrected, suspended or deleted.
We will occasionally change this data protection notification in order to incorporate new functions, features, products or services and to ensure the protection of your personal data. These changes and the current data protection notification are available on this site for you anytime. If we are making material changes, particularly regarding collection, use or processing of your personal data, we will notify you of this via e-mail or inform you no later than during your next HabitCoach login.