Terms of Service

Last updated: December 1, 2024

Agreement to Terms

By downloading, installing, accessing, or using the Tesi mobile application (“App”, “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use the App or any of our services.

These Terms constitute a legally binding agreement between you and Tesi regarding your use of our habit tracking application and related services.

1. Acceptance of Terms

Binding Agreement

• These Terms form a legally binding contract between you and Tesi
• By using our App, you acknowledge that you have read, understood, and agree to be bound by these Terms
• If you are using the App on behalf of an organization, you represent that you have authority to bind that organization to these Terms

Capacity to Accept

• You must be at least 13 years old to use this App
• If you are between 13-18, you must have parental or guardian consent
• You represent that you have the legal capacity to enter into this agreement

Modifications

• We reserve the right to modify these Terms at any time
• Changes will be effective upon posting in the App or on our website
• Continued use of the App after changes constitutes acceptance of the modified Terms

2. Description of Service

Core Functionality

Tesi is a comprehensive habit tracking application designed to help users build positive habits and break negative ones. The App provides:

• Habit Creation and Management: Create, customize, and organize personal habits
• Progress Tracking: Monitor daily progress, streaks, and completion rates
• Analytics and Insights: Detailed analytics about your habit formation journey
• Notifications and Reminders: Customizable reminders to support habit consistency
• Data Synchronization: Optional cloud sync across multiple devices
• Personalization: Custom themes, categories, and tracking preferences

Service Availability

• The App is provided on an “as available” basis
• We strive for 99.9% uptime but do not guarantee uninterrupted service
• Scheduled maintenance will be communicated in advance when possible
• Service availability may vary based on geographic location and local regulations

Feature Updates

• We regularly update the App with new features and improvements
• Some features may be modified, discontinued, or replaced without notice
• Premium features require an active subscription

3. User Account and Responsibilities

Account Creation

• You may create an account to access additional features and cloud synchronization
• Account creation requires providing accurate and current information
• You are responsible for maintaining the security and confidentiality of your account credentials
• Each user may maintain only one account unless explicitly authorized otherwise

Account Security

• Choose a strong, unique password for your account
• Do not share your account credentials with others
• Notify us immediately of any unauthorized access or security breaches
• You are responsible for all activities that occur under your account

Account Information

• Provide accurate, current, and complete information when creating your account
• Update your information promptly when changes occur
• False or misleading information may result in account suspension or termination
• We reserve the right to verify account information at any time

Account Termination

• You may delete your account at any time through the App settings
• We may suspend or terminate accounts for violations of these Terms
• Upon termination, your right to use the App ceases immediately
• Data deletion follows our Privacy Policy procedures

4. Acceptable Use Policy

Permitted Uses

You may use the App for:

• Personal habit tracking and self-improvement
• Educational purposes related to habit formation
• Research into personal productivity and wellness
• Sharing general insights with friends and family (without violating privacy)

Prohibited Activities

You agree not to:

Illegal Activities:

• Use the App for any unlawful purpose or in violation of any applicable laws
• Engage in activities that promote illegal substance use or harmful behaviors
• Violate any local, state, national, or international law or regulation

Security and Access:

• Attempt to gain unauthorized access to the App, other user accounts, or our systems
• Use any automated means to access the App without our express written permission
• Reverse engineer, decompile, disassemble, or attempt to extract the source code
• Bypass any security measures or access controls

Content and Behavior:

• Upload, transmit, or distribute any harmful, offensive, or inappropriate content
• Harass, abuse, or harm other users or third parties
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the App’s functionality or servers

Commercial Use:

• Use the App for commercial purposes without explicit authorization
• Resell, redistribute, or sublicense access to the App
• Extract data for competitive or commercial purposes

Enforcement

• Violations may result in warning, account suspension, or permanent termination
• We reserve the right to investigate suspected violations
• Law enforcement may be contacted for illegal activities
• No refunds will be provided for accounts terminated due to violations

5. Privacy and Data Protection

Privacy Commitment

• Your privacy is important to us and is governed by our Privacy Policy
• The Privacy Policy is incorporated into these Terms by reference
• We implement industry-standard security measures to protect your data
• You maintain control over your personal information and tracking data

Data Usage

• Personal data is used solely to provide and improve our services
• We do not sell, rent, or trade your personal information to third parties
• Anonymized, aggregated data may be used for research and service improvement
• You can export or delete your data at any time

Third-Party Integrations

• Optional integrations with third-party services are governed by their respective privacy policies
• You consent to data sharing only for enabled integrations
• You can disable third-party integrations at any time

6. Subscription and Payment Terms

Free and Premium Features

• Tesi offers both free and premium features
• Free features include basic habit tracking and limited analytics
• Premium features require an active subscription and include advanced analytics, unlimited habits, custom themes, and priority support

Subscription Plans

• Monthly Subscription: Billed monthly with automatic renewal
• Annual Subscription: Billed yearly with significant savings
• Lifetime Purchase: One-time payment for permanent access to premium features

Payment Processing

• Payments are processed through secure third-party payment processors
• We do not store complete payment card information on our servers
• All transactions are encrypted and PCI DSS compliant

Automatic Renewal

• Subscriptions automatically renew unless cancelled before the renewal date
• Renewal charges occur 24 hours before the subscription period ends
• You can cancel auto-renewal at any time through your device’s account settings
• Cancellation takes effect at the end of the current billing period

Pricing and Changes

• Subscription prices are subject to change with 30 days’ notice
• Price changes do not affect existing subscribers until their next renewal
• We may offer promotional pricing from time to time
• Taxes may apply based on your location

Refunds and Cancellations

• Refunds are governed by our Refund Policy and platform policies (App Store/Google Play)
• Generally, we offer a 30-day money-back guarantee for new subscriptions
• Pro-rated refunds may be available in certain circumstances
• Contact tesiapphelp@gmail.com for refund requests

7. Intellectual Property Rights

Tesi’s Intellectual Property

• The App and its original content, features, and functionality are owned by Tesi
• Protected by international copyright, trademark, patent, trade secret, and other intellectual property laws
• Our trademarks, logos, and brand elements may not be used without express written permission
• All rights not expressly granted to you are reserved by Tesi

User Content

• You retain ownership of any content you create within the App (habit data, notes, custom categories)
• You grant us a limited license to use your content to provide the service
• This license is non-exclusive, royalty-free, and terminates when you delete your account
• We do not claim ownership of your personal habit tracking data

License to Use

• We grant you a personal, non-exclusive, non-transferable, revocable license to use the App
• This license is for personal, non-commercial use only
• The license terminates if you violate these Terms or delete your account
• You may not transfer, sublicense, or assign your license to others

Intellectual Property Violations

• We respect intellectual property rights and expect users to do the same
• Report any suspected intellectual property violations to tesiapphelp@gmail.com
• We will investigate and respond to valid infringement claims
• Repeat violators may have their accounts terminated

8. Disclaimers and Limitations

Service Disclaimers

• The App is provided “as is” and “as available” without warranties of any kind
• We do not warrant that the App will be error-free, uninterrupted, or free of harmful components
• No guarantee is made regarding the accuracy, reliability, or timeliness of information
• We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose

Health and Wellness Disclaimer

• Tesi is a habit tracking tool and is not a substitute for professional medical, psychological, or wellness advice
• We are not responsible for any health or wellness outcomes resulting from use of the App
• Consult healthcare professionals for medical concerns or before making significant lifestyle changes
• The App is not intended to diagnose, treat, cure, or prevent any disease or condition

Technology Limitations

• The App depends on third-party services (app stores, cloud providers, internet connectivity)
• We are not responsible for interruptions caused by third-party service failures
• Device compatibility is not guaranteed for all devices or operating system versions
• Data backup and recovery are provided as convenience features without guarantee

User Responsibility

• You are solely responsible for your use of the App and any consequences
• We do not endorse or take responsibility for user-generated content or goals
• The effectiveness of habit tracking depends on your personal commitment and usage
• Individual results may vary and are not guaranteed

9. Limitation of Liability

Maximum Liability

• To the fullest extent permitted by law, Tesi’s total liability to you is limited to the amount you paid for the service in the 12 months preceding the claim
• For free users, our liability is limited to $100 USD or equivalent local currency

Excluded Damages

Tesi shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Cost of substitute services or products
• Personal injury or property damage arising from App use
• Damages resulting from third-party actions or services

Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

User Acknowledgment

• You acknowledge that these limitations are reasonable and necessary for us to provide the service at current pricing
• You agree that these limitations will survive any termination of your account or these Terms

10. Indemnification

User Indemnification

You agree to indemnify, defend, and hold harmless Tesi, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from:

• Your use or misuse of the App
• Your violation of these Terms or any applicable law
• Your violation of any third-party rights
• Content you submit, post, or transmit through the App
• Any false or misleading information you provide

Process

• We will notify you of any indemnifiable claims
• You will have the right to control the defense with qualified counsel
• We reserve the right to participate in defense at our own expense
• You may not settle any claim without our prior written consent

11. Termination

Termination by You

• You may terminate your account at any time through the App settings
• Termination is effective immediately upon completion of the deletion process
• You remain responsible for all charges incurred before termination
• Some data may be retained as described in our Privacy Policy

Termination by Us

We may terminate or suspend your account immediately, without prior notice, for:

• Violation of these Terms
• Illegal activities or fraud
• Abusive behavior toward other users or our team
• Extended periods of inactivity (with prior notice)
• Non-payment of subscription fees

Effects of Termination

Upon termination:

• Your right to use the App ceases immediately
• Your account and associated data will be deleted according to our Privacy Policy
• Premium features will no longer be accessible
• Local data on your device is not automatically deleted
• These Terms survive termination where applicable

Data Preservation

• You may export your data before account deletion
• We retain some data for legal compliance as described in our Privacy Policy
• Anonymized usage data may be retained for service improvement

12. Dispute Resolution

Informal Resolution

• Before initiating formal proceedings, contact us at tesiapphelp@gmail.com to resolve disputes
• We commit to responding within 5 business days and working toward resolution
• Many disputes can be resolved quickly through direct communication
• Good faith efforts at informal resolution are required before formal proceedings

Governing Law

• These Terms are governed by the laws of [Your Jurisdiction]
• Jurisdiction and venue for any disputes will be in [Your Location]
• International users consent to jurisdiction in [Your Location]
• Choice of law provisions do not deprive you of mandatory consumer protections

Arbitration (Where Applicable)

• Certain disputes may be subject to binding arbitration
• Arbitration proceedings will be conducted in English in [Your Location]
• Each party bears their own arbitration costs unless otherwise awarded
• Class action waivers apply where legally permissible

Exceptions to Arbitration

The following claims are not subject to arbitration:

• Intellectual property infringement claims
• Small claims court matters (below monetary threshold)
• Injunctive relief for violations of intellectual property
• Claims relating to the scope or enforceability of arbitration provisions

13. Miscellaneous Provisions

Entire Agreement

• These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Tesi
• They supersede all prior agreements, understandings, and communications
• No other terms, conditions, or agreements apply unless explicitly incorporated

Severability

• If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force
• Invalid provisions will be modified to be enforceable while preserving intent
• The unenforceability of any provision does not affect the enforceability of any other provision

Waiver

• No waiver of any term is effective unless in writing and signed by Tesi
• Failure to exercise any right does not constitute a waiver of that right
• Waivers are limited to the specific instance and do not waive future rights

Assignment

• You may not assign or transfer your rights under these Terms without our written consent
• We may assign these Terms in connection with a merger, acquisition, or sale of assets
• Attempted assignments in violation of this provision are void

Force Majeure

• Neither party is liable for delays or failures due to circumstances beyond reasonable control
• Force majeure events include natural disasters, government actions, wars, and pandemics
• Affected parties must promptly notify the other party and mitigate impact

Notices

• Legal notices must be sent to tesiapphelp@gmail.com
• We may provide notices through the App, email, or website posting
• Notices are effective when sent to your last known contact information
• You are responsible for keeping contact information current

Language

• These Terms are written in English
• Translations may be provided for convenience but the English version controls
• In case of conflicts between versions, the English version prevails

14. Contact Information

General Inquiries

Email: tesiapphelp@gmail.com Website: www.gettesi.com Response Time: Within 24 hours during business days

Legal Matters

Email: tesiapphelp@gmail.com Subject Line: “Legal Notice - [Brief Description]” Response Time: Within 5 business days

Emergency Contact

For urgent legal matters or security issues: Email: tesiapphelp@gmail.com Response Time: Within 24 hours

Terms Quick Reference

• 📝 These Terms govern your use of Tesi
• ✅ You must be 13+ years old to use the App
• 🔒 Your account security is your responsibility
• 💳 Subscriptions auto-renew unless cancelled
• 📱 Personal, non-commercial use only
• 🚫 No warranty or guarantee of results
• ⚖️ Disputes resolved under [Your Jurisdiction] law
• 📧 Contact tesiapphelp@gmail.com for legal questions
• 🔄 We may update Terms with notice
• 🗑️ You can delete your account anytime

These Terms of Service are effective as of the date last updated and will remain in effect until terminated or modified according to the procedures outlined herein.