AxoHabit - Terms of Service

These Terms of Service (“Terms”) are a legally binding agreement between you and Blue Nova Tech S. de R.L. de C.V. (“Blue Nova Tech,” “we,” “us,” or “our”) governing your access to and use of AxoHabit (the “App”).

By downloading, accessing, or using the App, you agree to these Terms. If you do not agree, do not use the App.

1) Who We Are / Contact

Legal entity: Blue Nova Tech S. de R.L. de C.V.

App / brand: AxoHabit

Contact email: contact@blue-nova-tech.com

2) Eligibility

You must be at least 13 years old to use the App. If you are under the age of majority in your jurisdiction, you may use the App only with the consent of a parent or legal guardian who agrees to these Terms.

3) Changes to the App and Availability

We may modify, update, suspend, or discontinue the App (or any feature) at any time, with or without notice, subject to applicable law. We do not guarantee that the App or any feature will be available at all times.

4) License to Use the App

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use on devices you own or control.

You may not:

• copy, modify, distribute, sell, lease, or sublicense the App;
• reverse engineer, decompile, or attempt to extract the source code (except where permitted by law);
• use the App in any way that violates applicable law or these Terms.

5) App Store Terms (Apple)

If you download the App from Apple’s App Store, your use is also subject to Apple’s terms and applicable End User License Agreement (“EULA”). If there is a conflict between Apple’s EULA and these Terms regarding Apple-specific licensing requirements, Apple’s EULA may control to the extent required.

Apple is not responsible for the App’s support or maintenance (see Section 22 for additional Apple terms).

6) Subscriptions (Super AxoHabit)

The App may offer auto-renewable subscriptions (“Super AxoHabit”) that unlock premium features. Subscription options may include monthly and yearly plans, and may include a free trial if offered.

• Auto-renewal: Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period, as managed by Apple.
• Trials: If a free trial is offered, it converts to a paid subscription unless cancelled before the trial ends. Apple may restrict trial eligibility.
• Manage/cancel: Manage or cancel in iOS: Settings > Apple ID > Subscriptions.
• Restore purchases: If supported, you can restore subscription access using the App’s “Restore Purchases” functionality.

7) Purchases, Billing, and Refunds (In-App Purchases)

The App may offer in-app purchases, including consumable virtual currency such as “Diamonds.” Purchases are processed by Apple (not by us). We may use third-party services to help validate subscription entitlements.

• Pricing & availability: Prices and offerings may change at any time.
• Taxes: Taxes may apply depending on your location.
• Refunds: Refunds are handled by Apple under Apple’s policies. We cannot issue refunds directly for App Store purchases.
• Restore purchases: Apple’s restore mechanism generally applies to subscriptions and non-consumables. Consumable purchases (Diamonds) are not restored by Apple.

8) Virtual Currency (“Diamonds”)

The App may include a virtual in-app currency called “Diamonds.” Diamonds may be obtained through in-app purchases (consumables) or by participating in rewarded ads (when available).

Important rules:

• No cash value: Diamonds have no monetary value and are not redeemable for real money or real-world goods/services outside the App.
• Non-transferable: Diamonds cannot be sold, traded, gifted, or transferred.
• No property right: You do not own Diamonds as property; you receive a limited right to use them in the App as allowed by us.
• Consumable purchases: Diamonds purchased via Apple IAP are consumable items and generally cannot be restored once consumed.
• Changes / removal: We may modify, limit, or discontinue Diamonds (including earning rates, pricing, and uses) at any time, subject to applicable law.
• Fraud/abuse: We may remove Diamonds or restrict access if we reasonably suspect fraud, abuse, exploitation of bugs, or violations of these Terms.

Data loss note: Some App data may be stored locally on your device. Deleting the App, changing devices, or device issues may result in loss of Diamonds or progress. To the maximum extent permitted by law, we are not responsible for such loss.

9) Rewarded Ads (Earning Diamonds)

The App may allow you to earn Diamonds by watching rewarded advertisements when available.

• Availability not guaranteed: Rewarded ads may not always be available and can vary by region, device, time, inventory, or ad partner availability.
• Limits & rewards (current default): As of the Last revised date, the App may limit rewarded ads to up to 4 views per 24 hours, awarding 1 Diamond per eligible completed ad view. We may change limits and reward amounts at any time.
• No guarantee of rewards: Technical issues may prevent an ad from loading or a reward from being granted.
• No cheating: You may not automate ad viewing, use bots, manipulate timers, exploit glitches, or attempt to bypass limits.

10) Acceptable Use / Prohibited Conduct

You agree not to:

• use the App for unlawful purposes;
• interfere with the App’s operation, security, or networks;
• attempt unauthorized access to the App or related systems;
• exploit bugs or vulnerabilities;
• scrape, crawl, or use automated means to access the App;
• upload or transmit malware or harmful code;
• attempt to bypass paywalls, subscriptions, ad limits, or purchase verification.

11) User Content (If You Add It)

The App may allow you to enter text (such as habit names or notes). You retain ownership of your content. You are responsible for ensuring that your content does not violate laws or third-party rights. We may remove or restrict content if we believe it violates these Terms or applicable law.

12) Third-Party Services and SDKs

The App may use third-party services (for example: App Store billing, advertising networks, analytics, purchase validation/entitlements, and external web pages such as our Shopify merchandise store). These third parties may have their own terms and privacy policies. We are not responsible for third-party services, content, availability, or actions.

13) Merch Store (Shopify)

The App may include a link or in-app browser view labeled “Show AxoHabit Merch” that opens our merchandise store hosted on Shopify (the “Merch Store”). The Merch Store sells physical goods (for example: t-shirts and caps).

• Separate service: The Merch Store is provided through a third-party platform (Shopify) and may have its own terms, policies, and checkout experience.
• Purchases & payments: Any purchases you make in the Merch Store are processed by Shopify and/or its payment providers. We do not process or store your payment card details inside the App.
• Shipping, returns, and support: Shipping, returns, refunds, and order issues for merchandise are handled under the Merch Store’s policies. If you need help, contact us at contact@blue-nova-tech.com.
• No responsibility for third-party site: We are not responsible for third-party websites’ content, availability, or security practices.

14) Privacy

Our collection and use of information is described in our Privacy Policy. By using the App, you agree that we can collect and use information as described there.

15) Health & Wellness Disclaimer

AxoHabit is provided for general information and habit-tracking purposes only. It is not medical or mental health advice and is not intended to diagnose, treat, cure, or prevent any disease. If you have health concerns, seek advice from a qualified professional.

16) Beta / Prototype Features (If Applicable)

Some features may be released as beta/prototype and may contain bugs or interruptions. You understand that beta features are provided “as is” and may change or be discontinued at any time.

17) Intellectual Property

The App and all related content (including logos, UI, design elements, text, graphics, characters, artwork, animations, sound effects, and software) are owned by Blue Nova Tech or its licensors and are protected by applicable intellectual property laws. You receive only the limited license described in Section 4.

Characters and branding

The AxoHabit characters and branding, including the axolotl character “Axo,” the companion frog character, and “Baby Frog,” and any associated names, artwork, animations, designs, and story elements (collectively, “Character Content”), are owned by Blue Nova Tech or its licensors.

Except for the limited license to use the App under these Terms, you may not use, copy, reproduce, distribute, display, sell, create derivative works from, or otherwise exploit the Character Content without our prior written permission.

18) Fan Content and Sharing

We love when users share AxoHabit. You may share unmodified screenshots or screen recordings from the App for personal, non-commercial purposes (for example, posting on social media), as long as:

• you do not claim ownership of our App or content;
• you do not remove watermarks or copyright notices (if present);
• you do not use our content in a way that is misleading, defamatory, or illegal.

Commercial use requires permission. Any commercial use of Axo, the companion frog, Baby Frog, or other App content (including merchandise, paid downloads, NFTs, advertising, or use in a commercial product) requires our prior written permission.

We may request removal of content that we believe violates these Terms or infringes our rights.

19) Disclaimers

To the maximum extent permitted by law, the App is provided “as is” and “as available.” We disclaim all warranties and conditions, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee:

• uninterrupted or error-free operation;
• that rewarded ads will be available; or
• that Diamonds/rewards will always be granted in every situation.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

20) Limitation of Liability

To the maximum extent permitted by law, Blue Nova Tech and its affiliates will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, goodwill, or data arising from your use of the App.

To the maximum extent permitted by law, our total liability for any claim relating to the App will not exceed the greater of: (a) the amount you paid (if any) through the App Store for the purchase giving rise to the claim in the 3 months before the event, or (b) USD $50 (or the equivalent in local currency).

Nothing in these Terms limits liability where it cannot be limited under applicable law.

21) Termination

We may suspend or terminate your access to the App at any time if you violate these Terms, if required by law, or to protect the App and users. You may stop using the App at any time.

Sections that should survive termination (such as Intellectual Property, Disclaimers, Limitation of Liability, and Governing Law) will survive.

22) Apple-Specific Terms (iOS)

If you use the App on iOS:

• Apple is not responsible for providing support/maintenance for the App.
• Apple is not responsible for handling claims relating to the App (including product liability, legal compliance, or consumer protection claims), except as required by law.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

23) Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms and update the “Last revised” date. Your continued use of the App after changes become effective means you accept the updated Terms.

24) Governing Law and Venue (Mexico)

These Terms are governed by the laws of Mexico, without regard to conflict of law rules. To the extent permitted by applicable law, any dispute arising out of or relating to these Terms or the App will be submitted to the competent courts located in Monterrey, Nuevo León, Mexico.

25) Contact

If you have questions about these Terms, contact us at: contact@blue-nova-tech.com