Terms and Conditions

Effective Date: 7 August 2025

1. Introduction

These Terms and Conditions (“Terms”) form a legally binding agreement between you (“you” or the “Customer”) and Camus LLC, doing business as Habit of Care (“Habit of Care,” “we,” “us,” or “our”). They govern your access to and use of the Habit of Care websites, mobile applications, software and associated services (collectively, the “Services”). Our Services provide AI‑powered tools to assist licensed mental health professionals with administrative functions, client homework assignments, journaling, habit tracking, analytics and continuing education. Please read these Terms carefully; by accessing or using the Services, clicking “I agree,” signing an order form or paying an invoice, you accept and agree to be bound by them. If you do not agree, do not access or use the Services.

These Terms incorporate by reference our Privacy Policy, Business Associate Agreement (if you are a Covered Entity under HIPAA), any order forms, statements of work or subscription agreements you enter into with us, and any additional terms that apply to specific features, apps or promotions. If there is a conflict between these Terms and a signed order form or business associate agreement, that signed agreement will control.

2. Eligibility & Account Registration

The Services are intended for use by adults who are licensed or otherwise qualified to provide mental health or related services. By creating an account, you represent and warrant that:

• You are at least 18 years old, or if you are between 13 and 18, you have obtained consent from your parent or legal guardian and will use the Services only under their supervision. The Services are not intended for children under 13.
• You have the authority to enter into these Terms on behalf of yourself and any entity you represent, and all information you provide to us is accurate, complete and up to date.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must promptly notify us if you know or suspect unauthorised access to your account.
• You will not share your login credentials with any other person. Each user of the Services must have their own unique credentials.
• You will comply with all applicable laws, regulations and professional standards in connection with your use of the Services, including those governing the practice of mental health, privacy, data protection and telehealth.

3. Your Subscription, Fees & Auto‑Renewals

Certain Services require payment of subscription fees as specified in your order form or in the Services. Subscriptions may include trial periods, promotional pricing or rewards. Unless otherwise stated, subscriptions will automatically renew at the end of each billing period at the then‑current rates, and you authorise us (or our payment processors) to charge the applicable fees to your designated payment method. You may cancel your subscription via your account settings or by contacting support before the end of the current billing period; cancellations take effect at the end of the current period, and we do not provide pro‑rated refunds. We reserve the right to change fees or add new fees upon reasonable notice, which may be posted on the Services or sent by email. If you do not agree to the new fees, you may cancel your subscription before they take effect.

4. Licence & Use of the Services

4.1 Limited Licence. Subject to these Terms and your payment of any applicable fees, Habit of Care grants you a limited, non‑exclusive, non‑transferable, non‑sublicensable licence to access and use the Services for your internal professional business purposes during the applicable subscription term. The Services, including any software, content, interfaces, templates, documentation and user guides, are licensed to you, not sold.

4.2 Restrictions. Except as expressly permitted in these Terms, you will not: (a) copy, modify, distribute, sell, lease, sublicence or make the Services available to any third party; (b) decompile, disassemble, reverse engineer or attempt to discover the source code or underlying algorithms of the Services; (c) circumvent or interfere with any security or access control features; (d) rent or provide the Services in a service bureau or time‑share arrangement; (e) remove any proprietary notices; (f) use any automated means (e.g. bots, scrapers) to access the Services without our prior written consent; (g) use the Services to develop a competing product; (h) access the Services for benchmarking or competitive analysis; or (i) attempt to upload viruses, malware or other harmful code.

4.3 Third‑Party Services & Content. The Services may integrate with or provide links to third‑party applications, websites or content that are not controlled by us. Use of third‑party services is at your own risk and subject to those providers’ terms and policies. We are not responsible for third‑party content, functionality or privacy practices.

5. User Content

5.1 Ownership. You retain ownership of any notes, files, comments, messages, habit entries, documents, assessments, journal entries and other content you or your authorised users upload or post to the Services (“User Content”). You represent and warrant that you have all necessary rights and permissions to provide your User Content and that sharing the User Content with us will not violate any law, confidentiality obligations or third‑party rights (including intellectual property, privacy or publicity rights).

5.2 Licence to Habit of Care. You grant us and our affiliates a worldwide, royalty‑free, non‑exclusive licence to host, copy, transmit, display, process, adapt and otherwise use your User Content solely for the purpose of providing, improving and supporting the Services, complying with law, conducting research and development (in de‑identified or aggregated form) and fulfilling our obligations under these Terms. We do not claim ownership of your User Content.

5.3 Prohibited Content and Conduct. You will not upload, transmit or share any User Content that: (a) violates any law or infringes any third‑party rights; (b) contains personally identifiable information of individuals who have not consented to such disclosure, including Client protected health information; (c) is obscene, defamatory, abusive, threatening, harassing, hateful or discriminatory; (d) constitutes unauthorised advertising or spam; (e) contains malware, viruses or other harmful code; or (f) impersonates any person or misrepresents your affiliation with a person or entity. You agree not to use the Services for any illegal or unauthorized purpose, or to engage in any activity that could damage, disable, overburden or impair the Services or interfere with any other party’s use of the Services.

5.4 Moderation & Removal. We are not obligated to monitor User Content and do not guarantee that we will review User Content for accuracy or compliance. However, we reserve the right (but have no obligation) to remove, screen or edit User Content, restrict or suspend your access to the Services, or take any other reasonable action, at our discretion and without notice, if User Content violates these Terms or applicable law, or to protect the Services or others.

5.5 No Expectation of Privacy in Public Areas. Some features of the Services may allow you to share User Content publicly, such as posting comments or testimonials. You understand that User Content posted in public areas can be viewed and downloaded by others and may appear on external sites or in search results. Do not share sensitive or confidential information in public areas.

6. Intellectual Property & Ownership

The Services, including all technology, software, algorithms, user interfaces, trade secrets, and all content provided by Habit of Care (such as text, graphics, logos, icons and images) are owned by or licensed to Habit of Care and are protected by intellectual property laws. Except for the limited licence granted herein, Habit of Care retains all right, title and interest in and to the Services. You may not use our trademarks without our prior written consent.

7. Privacy & Security

Your use of the Services is also subject to our Privacy Policy, which describes how we collect, use and protect your personal information, and your rights. By using the Services, you acknowledge that you have read our Privacy Policy. You agree to implement reasonable security practices to protect credentials, devices and data, including enabling multi‑factor authentication where available.

8. AI, Machine Learning & Beta Features

The Services may include AI or machine‑learning features that generate content, recommendations or insights based on data you provide. These outputs are provided for convenience and are not a substitute for your professional judgment. You are responsible for reviewing and validating any AI‑generated content before relying on it. We may offer access to experimental or beta features for evaluation; these features may change, break, or be discontinued at any time. Beta features are provided “as is” without warranties, and we have no liability arising from your use of them.

9. Disclaimers & Assumption of Risk

Not a Healthcare Provider. Habit of Care is not a medical or mental health provider and does not provide diagnosis, treatment or emergency services. Our Services are tools to assist licensed professionals. You are solely responsible for all clinical and professional judgments, communications, assignments and assessments made using the Services. The Services are not suitable for emergency or urgent situations. If you or your Clients are experiencing an emergency or crisis, call 911 or your local emergency number immediately.

Disclaimer of Warranties. To the maximum extent permitted by law, the Services are provided “as is” and “as available.” Habit of Care disclaims all warranties, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non‑infringement and uninterrupted operation. We do not warrant that the Services will meet your requirements, be error‑free, secure or available at all times, or that any data loss will be prevented.

10. Limitation of Liability

To the fullest extent permitted by law, Habit of Care and its affiliates, officers, employees, agents and licensors will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages, or for any lost profits, lost savings, lost data, business interruption or other intangible losses, arising out of or relating to these Terms or your use of, or inability to use, the Services, even if we have been advised of the possibility of such damages. Our total liability arising out of or in connection with these Terms or the Services (whether in contract, tort, strict liability or otherwise) will not exceed the greater of (a) the amount you have paid to Habit of Care for the Services in the twelve (12) months immediately preceding the claim or (b) USD $100. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such cases, our liability will be limited to the extent permitted by law.

11. Indemnification

You agree to defend, indemnify and hold harmless Habit of Care and its directors, officers, employees, agents and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your misuse of the Services, User Content or breach of these Terms; (b) your violation of any applicable law or regulation; or (c) your infringement or misappropriation of any third‑party rights. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification, in which case you will assist and cooperate with us.

12. Termination & Suspension

Either party may terminate these Terms for cause if the other party materially breaches them and fails to cure the breach within thirty (30) days after written notice (or immediately in the event of a non‑curable breach). We may also suspend or terminate your account or access to the Services immediately if you violate these Terms, we believe your use poses a security or legal risk, or as required by law. Upon termination, all licences granted to you end and you must stop using the Services. Sections that by their nature should survive termination will continue (including Sections 5.2, 6, 8, 9, 10, 11, 13, 14 and 15).

13. Copyright Complaints (DMCA)

Habit of Care respects intellectual property rights and expects our users to do the same. If you believe that any content on the Services infringes your copyright, please send a notice containing the following information to our designated agent at dmca@habitofcare.com: (a) a description of the copyrighted work you claim has been infringed; (b) the location of the material you believe is infringing; (c) your contact information; (d) a statement that you have a good‑faith belief that the use is not authorised by the copyright owner, its agent or the law; (e) a statement under penalty of perjury that the information in your notice is accurate and that you are authorised to act on the owner’s behalf; and (f) your physical or electronic signature. We may remove or disable access to the material alleged to be infringing and may terminate the accounts of repeat infringers.

14. Governing Law & Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. You and Habit of Care agree to resolve any dispute, claim or controversy arising out of or relating to the Services or these Terms exclusively through final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in Minneapolis, Minnesota, before a single arbitrator. The language of the arbitration will be English. Each party waives the right to a jury trial and agrees that all disputes will be brought in each party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

15. Changes to These Terms

We may update these Terms from time to time to reflect changes in our business, legal requirements or the Services. We will provide notice of material changes by email or through the Services. Unless otherwise stated in our notice, updated Terms will take effect on the date specified and your continued use of the Services after that date constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services before they take effect.

16. General Provisions

Entire Agreement. These Terms, together with the documents referenced herein, constitute the entire agreement between you and Habit of Care regarding the Services and supersede all prior or contemporaneous agreements. Any purchase order or other document that you may issue will not modify these Terms.

Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions will remain in full force and effect.

Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. Habit of Care may assign these Terms to an affiliate or in connection with a merger, acquisition, sale of assets or by operation of law.

No Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Notices. Except as otherwise specified, all notices must be in writing and addressed to the receiving party’s registered office or principal place of business. We may provide notice to you via email, through the Services or at the address provided in your account. You agree that electronic communications satisfy any legal communication requirements.

Contact Information. If you have any questions about these Terms, please contact us at:

Habit of Care
1141 N. Martin Luther King Jr. Drive
Milwaukee, WI 53203
USA
Email: contact@habitofcare.com