An honest agreement between you and Habie.

1Scope of These Terms

1. These Terms apply to all aspects of the relationship between you and us regarding your use of the Service.
2. Any individual rules, notices, or guidelines we post on the Service ("Individual Rules") form part of these Terms.
3. If there is a conflict between these Terms and Individual Rules, the Individual Rules take precedence.
4. These Terms operate together with the Habie Privacy Policy (version 3.1 / English version 1.0 or later). The Privacy Policy is an inseparable part of these Terms.

2Definitions

3Eligibility and Registration

1. You may use the Service only if you meet all of the following:
   • You are at least 13 years old
   • You agree to these Terms and the Habie Privacy Policy
   • You have an Apple ID or Google account
2. Users under 13 are not permitted to use the Service. If we discover an account belonging to someone under 13, we will promptly delete it.
3. Users between 13 and 17 (inclusive) are deemed to have obtained the consent of a parent or legal guardian to use the Service. We do not separately verify parental consent.
4. To use the Service, you must create an account through Sign in with Apple or Google Sign-In.
5. You are responsible for managing your account credentials and authentication information appropriately.

4What the Service Provides

1. The Service provides the following features:
   • Recording sleep, body signals, emotions, and thoughts in a single timeline
   • Calculation and display of Sleep Score and Energy Score based on HealthKit data
   • AI Concierge narrative generation (Morning Insight and Night Reflection)
   • Diary, memo, and Micro Journal recording
   • Integration with photos and calendar events
   • MCP integration for external AI assistants (Phase 4 feature, requires explicit consent)
   • Anonymous usage analytics (opt-out available)
2. We may change, add, or remove features without prior notice to Users.
3. Some features may require specific Apple devices (such as Apple Watch).

5Pricing

1. During Phase 1 (target: within 2026), the Service — including the public release version and the TestFlight beta — is provided completely free of charge.
2. Special note about TestFlight beta:
   • The TestFlight beta is provided free of charge for beta testing purposes through the Apple TestFlight program.
   • The TestFlight beta may include features that will become paid in the public release.
   • Free availability during the TestFlight beta does not preclude future paid versions. You acknowledge that features available for free during the beta may become paid features after public release.
   • Use of the TestFlight beta is also subject to the Apple TestFlight Terms of Service.
3. We may introduce paid features (subscriptions, one-time purchases, etc.) in the future. If we do:
   • We will give advance notice via in-app notification or email before introducing paid features.
   • In the public release version, we will not retroactively make previously-free features paid for existing users (except in the TestFlight beta).
   • All payments will go through the Apple App Store In-App Purchase system.
   • Cancellation and refunds will follow Apple's policies.
4. Detailed terms for paid features (eligibility, cancellation, refund conditions) will be set out in separate Individual Rules at the time paid features are introduced.

6Important Health Information Disclaimer

1. The information provided by the Service — Sleep Score, Energy Score, HRV analysis, AI narratives, and similar — is wellness reference information only. It is not intended to diagnose, advise, treat, or prevent any medical condition.
2. The Service is not a medical device and does not perform any function defined as a medical device under the Japanese Pharmaceutical and Medical Device Act (薬機法) or equivalent regulations in your jurisdiction.
3. You must not use information obtained from the Service as a substitute for diagnosis, advice, or treatment by a doctor, nurse, pharmacist, or other licensed healthcare professional.
4. If you have any health concerns, symptoms, or medical questions, please consult a qualified healthcare professional.
5. In an emergency (self-harm, suicidal ideation, or sudden physical or mental changes), please contact the appropriate emergency services in your country immediately. Examples:
   • Japan: Emergency 119 / Lifeline (Inochi-no-Denwa) 0570-783-556 / Yorisoi Hotline 0120-279-338
   • United States: 911 / 988 Suicide and Crisis Lifeline
   • United Kingdom: 999 / Samaritans 116 123
   • Other regions: Please use your local emergency services and crisis hotlines.
6. We are not liable for any decisions or actions you take based on information obtained from the Service.

7User Content

1. All rights (including copyright) in User Content you submit to the Service belong to you.
2. We may use User Content within the scope necessary to provide, operate, and improve the Service. This includes:
   • Storage, processing, and display in our database
   • Sending to external AI services (such as OpenAI) for AI Concierge features, based on your consent
   • Providing to external AI assistants through MCP, based on your authorization
   • Backups and incident response

3. We will never use User Content for any of the following:

   • Ad targeting
   • Sale to third parties
   • Training AI models
   • Disclosure to third parties without your consent
4. You represent and warrant that you either created the User Content yourself or have the lawful right to use it.
5. If you upload others' copyrighted works, likenesses, or similar protected content, you are responsible for obtaining the necessary permissions.

8Prohibited Conduct

You must not engage in any of the following while using the Service ("Prohibited Conduct"):

1. Activities that violate laws or public order and morality
2. Activities related to criminal acts
3. Infringing the intellectual property, image rights, privacy, reputation, or other rights of us, other Users, or third parties
4. Placing excessive load on the Service's network or systems
5. Reverse engineering, decompiling, disassembling, or otherwise analyzing the Service's source code
6. Activities that could interfere with the operation of the Service
7. Unauthorized access or attempts thereof
8. Collecting or storing personal information of other Users
9. Using your account for fraudulent purposes
10. Impersonating another User
11. Unauthorized advertising, promotion, solicitation, or commercial use through the Service
12. Providing benefit, directly or indirectly, to anti-social forces (organized crime)
13. Any other activity we determine to be inappropriate

9Account Suspension and Deletion

9-1. Suspension or Deletion by Us

1. We may, without prior notice, suspend or delete your account if we determine that:
   • You have violated any provision of these Terms
   • Your registration information is found to be false
   • You have not responded to our communications for an extended period
   • You have not used the Service for at least one year
   • We otherwise determine that your continued use of the Service is inappropriate
2. We are not liable for damages arising from such measures, except in cases of our intentional misconduct or gross negligence.

9-2. User-Initiated Account Deletion (30-Day Soft-Delete)

1. You may delete your account at any time. Path: Settings → Account → Delete Account.
2. The account deletion flow:
   • Tapping "Delete Account" immediately blocks app-side access (soft delete).
   • Data is held on Habie servers for 30 days.
   • If you sign in with the same account (Apple ID / Google) within 30 days, you can choose to restore your data or start fresh.
   • After 30 days, all data is automatically and permanently deleted, with no possibility of recovery.
3. For questions about restoration or special handling, please contact support@habieapp.com.
4. Account deletion immediately revokes all MCP access tokens.
5. Data already sent to external AI services (OpenAI, Anthropic, etc.) is retained for up to 30 days according to each provider's policy (see Privacy Policy §4 for details).

10Intellectual Property

1. All elements that make up the Service (software, design, UI, UX, brand, logos, trademarks, text, images, AI narrative generation algorithms, etc.) are owned by us or rightful third parties, including all related copyrights, trademarks, patents, and other intellectual property rights.
2. Using the Service does not grant you any rights to this intellectual property.
3. Without our prior written consent, you may not reproduce, translate, modify, distribute, sell, redistribute, or commercially use any part of the Service.
4. However, exporting your own User Content for personal use through the data export feature (Privacy Policy §9) is not restricted under this Article.

11Disclaimer and Limitation of Liability

1. We make no express or implied warranty that the Service is free from defects (including issues regarding safety, reliability, accuracy, completeness, fitness for a particular purpose, security, errors, bugs, or rights infringement).
2. Except in cases of our intentional misconduct or gross negligence, we are not liable for any damages arising from the Service.
3. Notwithstanding the above, where the contract between you and us regarding the Service constitutes a consumer contract under the Japanese Consumer Contract Act (消費者契約法), the disclaimer in paragraph 2 above does not apply to cases of our intentional misconduct or gross negligence. In such cases, our liability for damages caused by our negligence (excluding gross negligence) — limited to ordinary damages directly and actually incurred — is capped at the total amount you paid to us during the three months immediately preceding the damage, or 1,000 JPY (whichever is greater) for free users.
4. We are not liable for any transactions, communications, or disputes between you and other Users or third parties arising from use of the Service.
5. As described in Article 6, we are not liable for any consequences arising from your use of information from the Service in medical or health-related decisions.

12Service Suspension

1. We may suspend or interrupt all or part of the Service without prior notice if any of the following occurs:
   • System maintenance or updates
   • Force majeure events (earthquake, lightning, fire, power outage, natural disasters, pandemics, etc.)
   • Equipment or communication failures
   • Failures of third-party services (cloud providers, AI providers, etc.) making the Service difficult to operate
   • Other circumstances we determine make providing the Service difficult
2. We are not liable for any disadvantage or damage suffered by you or third parties as a result of suspension or interruption, except in cases of our intentional misconduct or gross negligence.

13Service Changes and Termination

1. We may change or terminate the Service after providing prior notice to Users.
2. If we terminate the Service, we will notify Users at least 60 days before termination via in-app notification or email.
3. Before termination, you may use the data export feature (Privacy Policy §9) to download your data.
4. Our liability for damages caused by changes or termination is governed by Article 11.

14Governing Law and Jurisdiction

1. These Terms and the relationship between you and us regarding the Service are governed by Japanese law.
2. In the event of any dispute arising out of or relating to the Service, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.
3. For users qualifying as consumers under the Japanese Consumer Contract Act, you may choose either the court that has jurisdiction over your place of residence or the court that has jurisdiction over our principal place of business.
4. For users outside Japan: Local consumer protection laws in your country may apply to your use of the Service. Nothing in these Terms is intended to override mandatory consumer protection rights you may have under your local law.

15Relationship With Apple App Store Terms

1. The Service is an iOS app provided through the Apple App Store. If there is any conflict between these Terms and the Apple Licensed Application End User License Agreement ("Apple EULA"), the Apple EULA prevails (except where these Terms impose stricter restrictions).
2. With respect to your relationship with Apple, you acknowledge:
   • These Terms are between you and us only — Apple is not a party.
   • We, not Apple, are responsible for maintenance and support of the Service.
   • We, not Apple, are responsible for any product warranty claims (where applicable).
   • We, not Apple, will handle third-party claims (such as intellectual property infringement claims) related to the Service.
   • Apple and its subsidiaries are third-party beneficiaries of these Terms and may directly enforce provisions concerning Users.
3. You represent and warrant that you are not located in a country subject to a U.S. government embargo, and that you are not on any U.S. government list of prohibited or restricted parties.

16Severability

If any provision (or part of a provision) of these Terms is held invalid or unenforceable under the Japanese Consumer Contract Act or other applicable laws, the remaining provisions and the remaining parts of the affected provision will continue in full force and effect.

17Changes to These Terms

1. We may change these Terms at any time, with notice to Users.
2. For material changes (such as changes to pricing, scope of liability, or significant changes to data handling), we will notify Users at least 30 days before the change takes effect, via in-app notification or email.
3. For minor changes (typo fixes, clarifications, etc.), the updated Terms take effect upon posting in the Service.
4. If you continue using the Service after the changes, you are deemed to have agreed to the updated Terms.

18Notices and Communication

1. Notices and communications between you and us will be conducted in the manner we designate.
2. We may send notices to the contact information you registered (email address, etc.). Such notices are deemed delivered to you at the time of dispatch.
3. To contact us, you can use:
   • Email: support@habieapp.com
   • In-app: Settings → Feedback

19No Assignment

1. You may not assign your contractual position, rights, or obligations under these Terms to any third party, or use them as collateral, without our prior written consent.
2. If we transfer the Service business to another company, we may transfer the contractual position, rights, obligations, registration information, and other customer information related to the Service to the transferee. You consent in advance to such transfer.

20Operator Information and Contact

A Japanese limited liability company (合同会社) is currently being established. We will update these Terms and operator information when the entity is registered.