Terms & Conditions

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User") and Hody ("we," "us," or "our") governing your access to and use of the services provided by Hody, including but not limited to productivity coaching and related features accessed via text messaging ("Services"). By accessing or using our Services, you acknowledge and agree to be bound by these Terms. If you do not agree, you must immediately cease use of the Services.

1. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law principles. The Services are initially offered to residents of the United States and Canada, with plans for future geographic expansion.

2. Scope of Services

2.1 Description of Services: Hody provides Users with personalized productivity and accountability services through text-based interactions and optional virtual coaching sessions.

2.2 Service Tiers:
(a) Hody Plan: Includes personalized text-based productivity support.
(b) Hody+Coach Plan: Includes all features of the Hody Plan, with the addition of monthly virtual coaching sessions.
(c) Ad-Hoc Coaching: Individual coaching sessions available for purchase by any User, irrespective of subscription tier.

3. Eligibility and Account Management

3.1 Eligibility: Users must be at least 18 years of age to register and use the Services.

3.2 Account Registration: Users must create an account to access the Services and provide accurate and complete information during the registration process.

3.3 Free Trial and Subscription:
(a) Hody offers a 14-day free trial. Payment information is required during registration, but no charges will be made during the trial period.
(b) If the User does not cancel within the trial period, the subscription will automatically convert to a paid plan, and the User's payment method will be charged accordingly.

3.4 Cancellations and Refunds:
(a) Users may cancel their subscription at any time via their account settings or by contacting myhody1@gmail.com.
(b) Hody offers a 30-day money-back guarantee for new Users. After the 30-day period, refunds are issued solely at Hody’s discretion and only in exceptional circumstances. No prorated refunds are available.

4. Payment Terms

4.1 Recurring Payments: Subscription fees are recurring and will be charged on a monthly basis until canceled by the User.

4.2 Fees and Penalties: Hody does not impose additional fees or penalties for late payments; however, non-payment may result in suspension or termination of Services.

5. Limitation of Liability

5.1 Disclaimer of Warranties: Hody does not warrant or guarantee that its Services will ensure specific outcomes or prevent missed tasks or goals.

5.2 Third-Party Services: Hody disclaims all liability for any issues arising from third-party integrations, including but not limited to APIs or platforms such as Apple HealthKit, OpenAI, or Twilio, should such integrations occur in the future.

6. User Obligations and Conduct

6.1 Prohibited Conduct: Users agree not to engage in the following behaviors while using the Services:
(a) Abusive, harmful, or inappropriate language or behavior.
(b) Misuse of the Services in any manner that violates applicable laws or these Terms.

6.2 Enforcement and Termination: Hody reserves the right to suspend or terminate a User’s account for violations of these Terms, without prior notice.

7. Intellectual Property

7.1 Ownership: All intellectual property associated with Hody, including trademarks, content, and technology, is the sole property of Hody.

7.2 User Data: Users retain ownership of all data they input into the Services, such as reflections or tasks. By using Hody, Users grant Hody a perpetual, non-exclusive, royalty-free license to utilize anonymized and aggregated data for the purpose of improving the Services.

8. Third-Party Services

Hody may incorporate third-party services or APIs into its offerings in the future. While we strive for seamless integrations, Hody shall not be held liable for errors, interruptions, or damages resulting from third-party services.

9. Dispute Resolution

9.1 Binding Arbitration: Any disputes arising out of or related to these Terms shall be resolved exclusively through binding arbitration in Calgary, Canada, in accordance with applicable arbitration rules.

9.2 Small Claims Exception: Notwithstanding the foregoing, claims eligible to be heard in small claims court may be pursued in such court.

10. Termination of Services

10.1 By Hody: Hody may suspend or terminate access to its Services at its sole discretion for violations of these Terms, including but not limited to abuse, misuse, or inappropriate conduct.

10.2 By User: Users may terminate their account at any time by accessing their account settings or contacting myhody1@gmail.com.

11. Data Collection and Privacy

11.1 Use of Data: Hody collects and processes User data to provide and enhance its Services. By using Hody, Users consent to such data collection and processing.

11.2 Opt-Out Option: Users may opt out of data collection for purposes beyond the provision of Services by contacting Hody at myhody1@gmail.com.

11.3 Future Ownership: In the event that Hody undergoes a sale or transfer, User agreements and data will transfer to the new owner, subject to these Terms. Users will be notified of any such changes.

12. Amendments to Terms

Hody reserves the right to modify or update these Terms at any time. Continued use of the Services following such modifications constitutes acceptance of the revised Terms. Users are encouraged to review these Terms periodically.

For any questions, concerns, or assistance, please contact us at myhody1@gmail.com.

By using Hody, you affirm your agreement to these Terms and acknowledge that you have read and understood this document in its entirety.