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Terms and Conditions

Draft under legal review. It may change before launch.

Habitus – Global Terms and Conditions of Use

Version: 1.0 – Global Application

Issue Date: __________

Owner: Habitus Finance S.A.C. · Tax ID (RUC) 20615971074 · Av. Ricardo Palma 982, Dpto. 702, Miraflores, Lima, Peru

1. Purpose of the Agreement

1.1. These Terms and Conditions govern access to and use of the Habitus platform ("the Platform"), owned by Habitus Finance S.A.C., with tax ID (RUC) 20615971074 and registered address at Av. Ricardo Palma 982, Dpto. 702, Miraflores, Lima, Peru.

1.2. The User accepts this Agreement by registering, accessing or using the Platform.

1.3. This Agreement constitutes a legally binding contract between the User and Habitus.

1.4. Use of the Platform implies full acceptance of all provisions contained herein.

2. Definitions

For the purposes of this Agreement:

a) User: Any natural person accessing or using the Platform.

b) Personal Data: Information that identifies or may identify the User.

c) Structural Data: Transformed, aggregated, derived or anonymized information that does not identify the User.

d) Service: Emotional Financial Clarity (EFC) functionalities provided by Habitus.

e) Content: Models, algorithms, visualizations, methodologies, processes, interfaces, designs and materials generated by Habitus.

f) Account: The User's registered profile within the Platform.

g) Applicable Law: All laws, regulations and international standards referenced in this Agreement.

3. Nature of the Service

3.1. Habitus is a Financial Emotional Clarity (EFC) platform.

3.2. Habitus does not provide financial, legal, tax, psychological, medical, estate or investment advice.

3.3. Habitus does not make decisions on behalf of the User nor recommend mandatory actions.

3.4. The Service provides tools, models and visualizations to support User reflection and decision making.

3.5. The Platform is not intended for emergency situations of any kind.

4. Conditions of Use

4.1. The User agrees to use the Platform lawfully and in accordance with this Agreement.

4.2. The User declares that all information provided is truthful, complete and updated.

4.3. The User must be at least 18 years old.

4.4. The User is responsible for maintaining the confidentiality of their credentials.

4.5. The User is prohibited from: a) using the Platform for unlawful purposes, b) attempting to access source code, databases or internal systems, c) reproducing, copying or distributing Content without authorization, d) performing reverse engineering, decompilation or derivative works, e) interfering with the operation, security or integrity of the Platform.

4.6. Habitus may perform maintenance, updates or improvements that may temporarily affect availability.

5. User Responsibility

5.1. All decisions made by the User based on the Platform are the User's sole responsibility.

5.2. The User acknowledges that results, models and simulations are estimates based on User‑provided information.

5.3. Habitus does not guarantee financial, emotional, behavioral or personal outcomes.

5.4. The User is responsible for the accuracy of the information entered into the Platform.

6. Limitation of Liability

6.1. Habitus shall not be liable for:

a) User decisions,

b) economic, emotional or financial losses,

c) misinterpretations,

d) external failures or service interruptions,

e) incorrect or incomplete information entered by the User,

f) third‑party failures or force majeure events.

6.2. Habitus shall not be liable for indirect, incidental, consequential or punitive damages.

6.3. The Platform is provided "as is" and "as available."

6.4. Habitus does not guarantee uninterrupted availability, error‑free operation or permanent access.

7. Intellectual Property

7.1. All models, algorithms, EFC methodologies, conceptual structures, visualizations, processes, interfaces, designs, Content and Structural Data are the exclusive property of Habitus.

7.2. The User receives only a limited, revocable, non‑exclusive and non‑transferable license to use the Platform.

7.3. No intellectual property rights are transferred to the User.

7.4. Any unauthorized use constitutes a violation subject to civil, criminal and contractual actions.

8. Personal Data and Structural Data

8.1. Personal Data is processed in accordance with the Global Privacy Policy.

8.2. Structural Data is the exclusive property of Habitus and may be used as described in the Structural Data Use Clause.

8.3. Rights over personal data and Structural Data are governed by the Global Privacy Policy and the Structural Data Use Clause.

9. Termination

9.1. Habitus may suspend or terminate the User's access in case of:

a) breach of this Agreement,

b) misuse or fraud,

c) security risks,

d) legal or regulatory requirements.

9.2. The User may request account deletion at any time.

9.3. Termination does not affect the validity of clauses that survive by nature (e.g., intellectual property, liability, Structural Data).

10. Governing Law and Jurisdiction

10.1. This Agreement is governed exclusively by the laws of the Republic of Peru.

10.2. Any dispute shall be resolved before the courts of Lima, Peru.

10.3. This applies regardless of the User's country of residence.

11. Amendments

11.1. Habitus may update these Terms at any time.

11.2. Continued use of the Platform constitutes acceptance of the updated Terms.

12. Notices

12.1. Habitus may communicate with the User through the Platform or via the email associated with the User's Account.

12.2. Notices are deemed delivered upon dispatch.

13. Assignment

13.1. Habitus may assign or transfer this Agreement in cases of merger, acquisition or corporate restructuring.

13.2. The User may not assign this Agreement.

14. Severability

14.1. If any provision is declared invalid, the remaining provisions shall remain fully enforceable.

15. Waiver

15.1. Failure to enforce any provision shall not constitute a waiver of rights.

16. Acceptance

The User declares having read, understood and accepted this Agreement.

Global Legal Disclaimer

Version: 1.0 – Global Application

Issue Date: __________

Owner: Habitus Finance S.A.C. · Tax ID (RUC) 20615971074 · Av. Ricardo Palma 982, Dpto. 702, Miraflores, Lima, Peru

1. No Professional Advice

1.1. Habitus is a Financial Emotional Clarity (EFC) platform.

1.2. The Platform does not provide financial, legal, tax, investment, psychological, therapeutic, medical or any other form of professional advice.

1.3. All information, models, simulations, projections and visualizations generated by the Platform are for informational and reflective purposes only and shall not be interpreted as recommendations or directives.

1.4. The Platform must not be relied upon as a substitute for professional advice of any kind.

2. No Guarantee of Results

Habitus does not guarantee:

a) financial outcomes,

b) emotional outcomes,

c) behavioral changes,

d) investment performance,

e) improvements in decision making,

f) accuracy, completeness or reliability of User provided information,

g) achievement of goals or expected results.

All outputs are estimates based on the data entered by the User.

3. User Responsibility

3.1. All decisions made by the User based on the Platform are the sole and exclusive responsibility of the User.

3.2. Habitus is not responsible for:

a) financial losses,

b) emotional consequences,

c) personal or professional decisions,

d) misinterpretations of the Platform's outputs,

e) reliance on any information generated by the Platform.

3.3. The User remains fully responsible for evaluating the relevance and implications of any information displayed.

4. Limitation of Liability

To the maximum extent permitted by applicable law, Habitus shall not be liable for:

a) indirect, incidental, special, punitive or consequential damages,

b) loss of profits, revenue, data or goodwill,

c) business interruption,

d) reliance on any information generated by the Platform,

e) errors resulting from inaccurate or incomplete User provided data,

f) service interruptions, technical failures or external events beyond Habitus' control,

g) cyberattacks, force majeure events or third party failures.

This limitation applies regardless of the legal theory invoked (contract, tort, negligence, strict liability or otherwise).

5. No Warranties

The Platform is provided on an "as is" and "as available" basis. Habitus makes no warranties, express or implied, including:

Habitus does not warrant that the Platform will meet the User's expectations or that results will be accurate or reliable.

6. Compliance with Digital Platform Requirements

Habitus complies with:

a) Apple App Store Review Guidelines (Section 5 – Legal)

b) Apple Privacy Nutrition Labels Requirements

c) Google Play User Data Policy

d) Google Play Data Safety Section Requirements

e) Google Play Developer Program Policies

This disclaimer is designed to meet mandatory disclosure requirements for both Apple and Google ecosystems.

7. No Emergency Use

The Platform must not be used for:

8. Third Party Services

Habitus is not responsible for:

Habitus does not control and is not responsible for third party availability, accuracy or reliability.

9. User Acknowledgment

By using the Platform, the User acknowledges and accepts this Global Legal Disclaimer in full and agrees that:

a) the Platform has inherent limitations,

b) all decisions are their sole responsibility,

c) Habitus' liability is strictly limited as described herein.

Intellectual Property and EFC Models Document

Version: 1.0 – Global Application

Issue Date: __________

Owner: Habitus Finance S.A.C. · Tax ID (RUC) 20615971074 · Av. Ricardo Palma 982, Dpto. 702, Miraflores, Lima, Peru

1. Ownership of Intellectual Property

1.1. Habitus is the sole and exclusive owner of all intellectual property rights associated with the Platform.

1.2. This ownership includes, without limitation:

a) Emotional Financial Clarity (EFC) models and frameworks,

b) algorithms, computational logic and decision support structures,

c) conceptual architectures, taxonomies and data modeling structures,

d) visualizations, dashboards, analytical outputs and UI/UX components,

e) Structural Data and all statistical, aggregated or derived data models,

f) documentation, technical specifications, diagrams and internal methodologies,

g) software code, backend logic, APIs and system integrations,

h) branding, trademarks, trade dress, logos and distinctive signs.

1.3. All improvements, enhancements, derivatives or modifications created by Habitus remain the exclusive property of Habitus, regardless of User feedback or suggestions.

2. User Restrictions and Prohibited Conduct

The User is strictly prohibited from:

a) copying, reproducing or distributing any component of the Platform,

b) reverse engineering, decompiling or attempting to extract source code,

c) creating derivative works based on Habitus' models, algorithms or methodologies,

d) using Structural Data or outputs to replicate, train or develop competing systems,

e) commercializing, sublicensing or transferring any part of the Platform,

f) removing, altering or obscuring copyright notices or proprietary marks,

g) accessing internal systems, databases or protected components,

h) attempting to bypass security controls, authentication mechanisms or usage restrictions.

Any attempt to circumvent these restrictions constitutes a material breach and may trigger immediate enforcement actions.

3. Limited License to the User

3.1. The User receives a limited, revocable, non exclusive, non transferable license to use the Platform solely for personal, non commercial purposes.

3.2. This license does not grant any rights over:

3.3. The license terminates automatically upon account deletion, breach of this Agreement or misuse of the Platform.

3.4. Habitus may revoke or modify the license at any time for security, compliance or operational reasons.

4. International Intellectual Property Protection

The intellectual property of Habitus is protected under the following international frameworks:

a) Berne Convention for the Protection of Literary and Artistic Works,

b) WIPO Copyright Treaty (WCT),

c) WIPO Performances and Phonograms Treaty (WPPT),

d) TRIPS Agreement (WTO),

e) Copyright Act of 1976 (United States) and the DMCA,

f) Directive 2001/29/EC (EU InfoSoc Directive),

g) Regulation (EU) 2019/790 on copyright in the digital single market,

h) UK Copyright, Designs and Patents Act 1988,

i) Federal Law No. 38 of 2021 (UAE Copyright Law),

j) Peruvian Copyright Law (Decreto Legislativo N.º 822),

k) any other applicable copyright laws in jurisdictions where Habitus operates.

These protections apply globally and remain enforceable regardless of the User's location.

5. Structural Data and Derived Works

5.1. Structural Data generated by the Platform is the exclusive property of Habitus.

5.2. Structural Data is considered non personal under GDPR, CCPA/CPRA, PDPL, DIFC, ADGM, LGPD and equivalent laws.

5.3. Habitus may use Structural Data for:

5.4. The User has no rights over Structural Data or any derivative works, models, algorithms or analytical outputs generated from it.

5.5. Structural Data may be retained indefinitely, as it does not identify the User.

6. Enforcement and Violations

6.1. Any violation of this document may result in:

a) immediate suspension or termination of access,

b) civil actions for damages,

c) criminal actions where applicable,

d) injunctive relief,

e) claims for economic losses,

f) reporting to relevant authorities or regulators,

g) permanent prohibition from accessing Habitus services.

6.2. Habitus reserves all rights not expressly granted in this document.

7. User Acknowledgment

By using the Platform, the User acknowledges and accepts this Intellectual Property and EFC Models Document in full and agrees to comply with all restrictions and obligations herein.

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