1.1. These General Terms and Conditions (hereinafter "Terms") govern the use of the mobile application "Habjour" and the acquisition of digital products by Marcel Simmendinger (hereinafter "Provider") to you, in the version valid at the time of your order.
1.2. Any deviating terms of the user are hereby rejected.
1.3. Please read these terms carefully before making in-app purchases. By using Habjour and purchasing paid features, you agree to these Terms.
1.4. Habjour is a mobile application (app) for habit tracking with the following products:
2.1. Contracts may be concluded in German or English.
2.2. The offers are directed at users worldwide who obtain the app through the Google Play Store or Apple App Store.
2.3. The user must be at least 18 years of age. Minors may only use Habjour with the involvement of a parent or legal guardian.
2.4. Downloading the free basic version of the app does not constitute a purchase contract.
2.5. A purchase contract is concluded when you make a paid in-app purchase within the app and this is confirmed by the Google Play Store / Apple App Store.
2.6. Payment processing is handled exclusively through the Google Play Store or Apple App Store. The terms of use of the respective app store also apply.
3.1. All prices are final prices. Pursuant to § 19 UStG (German Small Business Regulation), no value-added tax is charged.
3.2. The following products are available:
3.3. Payment is made through the payment methods stored in the respective app store (Google Play / Apple App Store).
3.4. Subscriptions are automatically renewed on the respective monthly or annual anniversary, unless you cancel at least 24 hours before expiration.
3.5. Subscription cancellation is handled exclusively through the subscription management of your app store (Google Play Store / Apple App Store).
4.1. After a successful purchase, the acquired features are immediately activated in the app.
4.2. Premium Lifetime is valid for the lifetime of the app, as long as the Provider operates the app. The Provider reserves the right to discontinue the app but will provide at least 6 months' advance notice.
4.3. Cloud Backup uses the user's Google Drive. The user needs their own Google account with sufficient storage space.
4.4. 100% technical availability of the app and its associated online services (cloud backup via Google Drive, AI analysis via Mistral AI) cannot be guaranteed. Temporary outages of these services that are beyond the Provider's control (e.g., disruptions at Google, Mistral AI, or other third-party providers) do not constitute grounds for warranty or compensation claims. The core functions of the app (habit tracking, local data storage) remain available even when external services are unavailable. Maintenance work will be announced whenever possible.
4a.1. The AI analysis uses Mistral AI (Mistral AI SAS, Paris, France) to analyze skip reason patterns. Only pseudonymized data (weekday, reason, optional notes, date) is transmitted to the service. No names, contact details, or other directly identifying information is transmitted. The analysis results constitute AI-generated content within the meaning of Regulation (EU) 2024/1689 (AI Act).
4a.2. A maximum of 5 analyses per calendar month are available. The counter resets on the 1st of the following month.
4a.3. The results of the AI analysis do not constitute medical, therapeutic, or psychological advice (see § 8.1).
4a.4. The availability of the AI analysis cannot be guaranteed, as it depends on external services (Mistral AI API). The Provider is not liable for the content or accuracy of AI-generated analyses.
4b.1. The AI story narration uses Mistral AI (Mistral AI SAS, Paris, France) to generate personalized story texts. The following data is transmitted: habit name, streak count, time of day, number of missed days, story theme, and language. No personal data such as notes, mood data, or device IDs is transmitted. The generated story texts constitute AI-generated content within the meaning of Regulation (EU) 2024/1689 (AI Act).
4b.2. A maximum of 20 story generations per day are available. A cooldown of 30 seconds applies between calls.
4b.3. The generated texts do not constitute medical, therapeutic, or psychological advice (see § 8.1). The content is fictional and serves motivational purposes.
4b.4. Availability cannot be guaranteed. In case of failure, the app automatically falls back to the rule-based template story system. Template-based texts are not AI-generated content.
4c.1. The AI tips feature uses Mistral AI (Mistral AI SAS, Paris, France) to generate practical implementation tips for habits. The following data is transmitted: habit name, habit category, and language. No personal data such as notes or device IDs is transmitted. The generated tips constitute AI-generated content within the meaning of Regulation (EU) 2024/1689 (AI Act).
4c.2. A maximum of 3 regenerations per day are available.
4c.3. The generated tips do not constitute medical, therapeutic, or psychological advice (see § 8.1). They serve as practical organizational guidance.
4c.4. Availability cannot be guaranteed. In case of failure, generic fallback tips are displayed.
4d.1. The Therapist Subscription is intended for occupational therapists, therapists, and professionals who wish to generate license codes for their clients. Each license code unlocks Premium Plus features for one person.
4d.2. The number of available license codes depends on the chosen plan (5, 15, 30, or 100 seats). An upgrade to a higher plan is possible at any time.
4d.3. License codes follow the format HJ-XXXX-XXXX and are generated within the app. The therapist can revoke codes at any time. Revoked codes become invalid, and the affected client loses Premium Plus access.
4d.4. No personal data of clients is stored. Assignment is based solely on the license code itself. Client aliases (e.g., initials) are stored exclusively on the therapist's local device.
4d.5. The validity of a license code is tied to the active therapist subscription. Upon cancellation or expiration of the subscription, all associated codes become invalid at the end of the billing period.
4d.6. Habjour is not a medical device. The therapist features serve exclusively for distributing Premium access and do not constitute medical or therapeutic services.
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of the contract (purchase date).
To exercise your right of withdrawal, you must inform us:
Marcel Simmendinger
Stöffelbergweg 24
72793 Pfullingen
Germany
Email: support@kamacit.studio
by means of a clear statement (e.g., by email) of your decision to withdraw from this contract.
IMPORTANT: By making a purchase, you expressly agree that we should begin providing the digital content (premium features, themes, cloud backup) immediately.
Your right of withdrawal expires as soon as you use or download the purchased digital content. This applies to:
(If you wish to withdraw from the contract, please complete this form and return it.)
(*) Delete as appropriate.
If you withdraw within the 14-day period BEFORE using the content, the refund will be processed through the respective app store according to their refund policies.
6.1. With the acquisition of Premium Lifetime or other paid content, you receive a non-exclusive, non-transferable right of use.
6.2. You are not permitted to:
6.3. The Provider reserves all intellectual property rights (texts, designs, concepts, code).
7.1. The use of Habjour requires the processing of personal data. Details can be found in our separate Privacy Policy.
7.2. Cloud Backup: When using the cloud backup feature, your data is stored on your own Google Drive. The Provider has no access to this data.
7.3. Premium licenses are stored encrypted and linked to your app installation.
7.4. We do not share data with third parties, except as required by law or necessary for providing app features (Google Drive API).
IMPORTANT: Habjour is NOT a medical app and does NOT replace professional therapy, medical treatment, or psychological counseling.
The app serves exclusively for self-organization and motivation.
The Provider assumes no liability for:
8.2.1. The Provider warrants that the app essentially fulfills the described functions.
8.2.2. Minor errors or imperfections that do not significantly impair use do not constitute warranty claims.
8.2.3. In the event of defects, the user is initially entitled to rectification (update/bugfix). Only if this fails can a reduction or refund be demanded.
8.2.4. The Provider shall provide the user with updates pursuant to §§ 327e, 327f BGB (German Civil Code) that are necessary to maintain the conformity of the digital content, including security updates. For one-time purchases (Premium Lifetime, Themes), the update obligation applies for the period that the user can reasonably expect based on the type and purpose of the digital content.
8.3.1. The Provider is liable without limitation for damages resulting from injury to life, body, or health, as well as for intentional misconduct or gross negligence.
8.3.2. In cases of slight negligence in the breach of essential contractual obligations, the Provider is only liable for foreseeable, contract-typical damages.
8.3.3. Liability is otherwise excluded.
8.3.4. Liability under the Product Liability Act (Produkthaftungsgesetz) remains unaffected.
9.1. Premium Lifetime: No right of termination, as this is a one-time purchase with unlimited use.
9.2. Premium Plus Subscription:
9.3. Themes: One-time purchase, no cancellation possible.
9.4. The Provider may discontinue the app but will provide at least 6 months' advance notice. In this case:
10.1. The Provider reserves the right to change these Terms at any time. Users will be informed by email or in-app notification.
10.2. Material changes require the express consent of the user. The user will be informed of changes at least 4 weeks before they take effect. If the user does not consent, they may terminate the contract at the time the changes take effect.
10.3. The Provider reserves the right to further develop the app, add or remove features, provided that the core functions are maintained.
11.1. The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2. The place of jurisdiction for disputes with merchants is the registered office of the Provider.
11.3. For consumers, the statutory place of jurisdiction applies.
Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall not be affected.
For questions regarding these Terms, please contact:
Marcel Simmendinger
Stöffelbergweg 24
72793 Pfullingen
Germany
Email: support@kamacit.studio
As of: March 2026