Terms and Conditions
Last Updated: February 1, 2026
Effective Date: February 1, 2026
IMPORTANT NOTICE: PLEASE READ CAREFULLY
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTIONS 17 AND 18. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING HABIT LOOPS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE APP.
1. Agreement to Terms
1.1 Acceptance
These Terms and Conditions ("Terms," "Agreement," or "Terms of Service") constitute a legally binding agreement between you ("User," "you," "your") and Frictionwell ("Company," "we," "us," "our") governing your access to and use of:
(a) The Habit Loops mobile application available on iOS and Android ("App" or "Application"); (b) The Frictionwell marketing website located at https://frictionwell.com and any subdomains thereof ("Website" or "Marketing Site"); (c) Any related websites, landing pages, microsites, or web properties operated by or on behalf of Frictionwell; (d) Any related services, features, content, APIs, tools, or applications offered by Frictionwell;
(collectively referred to as the "Services" or "Platforms").
These Terms apply equally to your use of the App, the Website, and all related Services. References to "the App" in these Terms shall, unless the context clearly indicates otherwise, be read to include the Website and all other Platforms.
Company Information: Frictionwell, a sole proprietorship registered in Bengaluru, Karnataka, India. Email: reachus@frictionwell.com Website: https://frictionwell.com
1.2 Website-Specific Acceptance
You do not need to create an account to be bound by these Terms. By merely visiting, browsing, or interacting with our Website or Marketing Site, you agree to be bound by these Terms. Specific actions that constitute acceptance of these Terms include, but are not limited to:
(a) Visiting any page on our Website; (b) Subscribing to our newsletter or email list; (c) Downloading any content from our Website; (d) Submitting any form on our Website (contact, feedback, waitlist, etc.); (e) Clicking any link or interacting with any feature on our Website; (f) Reading or commenting on blog posts; (g) Following links from our Website to the App Store or Google Play Store.
1.3 Electronic Agreement
By clicking "I Agree," "Accept," or similar buttons, by creating an account, by downloading or installing the App, by accessing or using the App in any way, by visiting or browsing our Website, or by indicating acceptance through any other mechanism, you:
(a) Acknowledge that you have read and understood these Terms in their entirety; (b) Agree to be legally bound by these Terms and all applicable laws and regulations; (c) Represent and warrant that you have the legal capacity and authority to enter into this Agreement; (d) Consent to the electronic delivery of notices, disclosures, and communications.
1.4 Modifications to Terms
We reserve the right, at our sole discretion, to modify, amend, or replace these Terms at any time.
1.4.1 Classification of Changes
We classify amendments into two categories:
Material Changes — Amendments that significantly affect your rights or obligations. Examples include:
- Changes to the arbitration agreement or dispute resolution procedures
- Changes to the limitation of liability or liability cap
- Changes to the class action waiver
- Changes to subscription pricing, billing, or refund terms
- New restrictions on your use of the Services
- Changes to the governing law or jurisdiction
- Changes to the corporate liability shield provisions
- Any change that reduces your rights or increases your obligations
Non-Material Changes — Minor updates such as formatting corrections, clarifications of existing terms, updated contact information, bug fixes to referenced URLs, or changes required by law that do not reduce your rights.
1.4.2 Notice for Material Changes
For Material Changes, we will provide notice through at least two of the following methods:
- Prominent banner or notice on our Website visible to all visitors for at least 30 days
- In-App notification, pop-up, or modal requiring acknowledgment
- Email notification to the address associated with your account
- Push notification (if you have notifications enabled)
- Blog post or announcement on our Website
Material Changes will include:
- A clear summary of what is changing
- The effective date of the change
- A link to the previous version of the Terms
- Instructions on how to reject the changes
Material Changes will not take effect until 30 days after the initial notification ("Amendment Notice Period"), unless: (a) The change is required by law, regulation, or court order, in which case it takes effect as required; (b) The change is necessary to address an immediate security or fraud threat; (c) A longer notice period is required by applicable local law; (d) You affirmatively accept the changes before the Notice Period expires.
1.4.3 Notice for Non-Material Changes
For Non-Material Changes:
- We will update the "Last Updated" date at the top of these Terms
- The revised Terms will be posted on our Website and made available through the App
- Non-Material Changes take effect immediately upon posting
1.4.4 Your Options Upon Material Changes
Upon receiving notice of a Material Change, you may:
(a) Accept the changes by:
- Continuing to use any of our Services after the Amendment Notice Period expires; or
- Affirmatively clicking "Accept" or similar acknowledgment if presented
(b) Reject the changes by:
- Ceasing all use of our Services (App and Website) before the Amendment Notice Period expires;
- Deleting the App from your device(s);
- Deleting your account;
- Canceling any active subscriptions through the applicable App Store;
- Contacting us at reachus@frictionwell.com before the Amendment Notice Period expires
1.4.5 Deemed Acceptance
YOUR CONTINUED USE OF ANY OF OUR SERVICES (INCLUDING THE APP, WEBSITE, BLOG, NEWSLETTER, OR ANY WEB PROPERTY) AFTER THE AMENDMENT NOTICE PERIOD CONSTITUTES YOUR IRREVOCABLE ACCEPTANCE OF THE MODIFIED TERMS AND A BINDING AGREEMENT TO BE BOUND BY THE MODIFIED TERMS IN THEIR ENTIRETY.
If you do not agree to the modified Terms, your sole and exclusive remedy is to cease using all of our Services and delete your account before the Amendment Notice Period expires.
1.4.6 Version History
We maintain an archive of prior versions of these Terms. Previous versions are available upon request at reachus@frictionwell.com. Each version includes its effective date.
1.4.7 No Obligation to Notify Non-Account Holders
For Website visitors who do not have an account, we provide notice of changes by posting updated Terms on the Website and updating the "Last Updated" date. It is your responsibility to review these Terms each time you visit our Website.
1.4.8 Jurisdictional Notice Requirements
In jurisdictions where specific notice periods, methods, or opt-in requirements are mandated by law, we will comply with the more stringent requirement.
1.5 Additional Terms
Certain features of the Services may be subject to additional terms and conditions, which will be presented to you when you access those features. Such additional terms are hereby incorporated into these Terms by reference.
2. Eligibility and Account Registration
2.1 Age Requirements
You must be at least 13 years of age (or the age of digital consent in your jurisdiction, whichever is higher) to use the App. By using the App, you represent and warrant that:
(a) You are at least 13 years of age; (b) You are not barred from using the App under any applicable law; (c) If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you have obtained consent from a parent or legal guardian to use the App, and your parent or guardian has read and agreed to these Terms on your behalf.
2.2 Account Creation
To access certain features of the App, you may be required to create an account. When creating an account, you agree to:
(a) Provide accurate, current, and complete information; (b) Maintain and promptly update your account information; (c) Maintain the security and confidentiality of your login credentials; (d) Accept responsibility for all activities that occur under your account; (e) Immediately notify us of any unauthorized use of your account or any other breach of security.
2.3 Account Security
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT CREDENTIALS AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. We are not liable for any loss or damage arising from your failure to comply with this security obligation.
2.4 One Account Per User
Unless explicitly authorized by us in writing, you may maintain only one account. We reserve the right to terminate duplicate accounts.
2.5 Account Termination by User
You may terminate your account at any time through the App settings or by contacting us. Upon termination: (a) Your right to access the App will cease immediately; (b) Your local data will remain on your device unless you delete it; (c) Any server-side data will be deleted in accordance with our Privacy Policy; (d) Active subscriptions must be canceled separately through the relevant app store.
3. Description of Service
3.1 App Overview
Habit Loops is a habit tracking mobile application designed to help users build positive habits and quit negative ones. The App provides features including, but not limited to:
- Habit creation, tracking, and management
- Completion logging and streak tracking
- Analytics and progress visualization
- Gamification elements (badges, levels, achievements)
- AI-powered insights and recommendations (premium feature)
- Data export functionality
- Cloud backup and synchronization (premium feature)
- Reminder notifications
- Template library for habit creation
- Mascot companion ("Habi") for encouragement
3.2 Service Availability
We strive to keep the App available 24/7, but we do not guarantee uninterrupted access. The App may be temporarily unavailable due to:
(a) Scheduled or emergency maintenance; (b) Software updates and upgrades; (c) Technical failures or errors; (d) Third-party service disruptions; (e) Force majeure events; (f) Any other reason beyond our reasonable control.
WE DO NOT WARRANT THAT THE APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT IT WILL BE SECURE, OR THAT DEFECTS WILL BE CORRECTED.
3.3 Service Modifications
We reserve the right to modify, suspend, discontinue, or terminate the App or any feature thereof, temporarily or permanently, at any time, with or without notice, and for any reason. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, DISCONTINUATION, OR TERMINATION OF THE APP OR ANY FEATURE.
3.4 Offline Functionality
Certain features of the App function offline, while others require an internet connection. We are not responsible for any limitations in functionality due to lack of internet connectivity.
4. Subscription and Payment Terms
4.1 Free and Premium Tiers
The App offers both free and premium (paid) subscription tiers:
Free Tier: Includes basic habit tracking functionality with limitations on the number of habits and features.
Premium Tier: Includes enhanced features such as unlimited habits, advanced analytics, AI-powered insights, cloud sync, premium themes, and other premium features as described in the App.
4.2 Subscription Plans
Premium subscriptions are offered in the following formats (pricing subject to change):
- Monthly: Billed monthly at the then-current rate
- Yearly: Billed annually at the then-current rate (discounted)
- Lifetime: One-time purchase granting access to premium features for the operational life of the App. "Lifetime" refers to the lifetime of the product (i.e., for as long as we continue to offer the App), not the lifetime of the purchaser. If the App is permanently discontinued, no refund of the lifetime purchase price shall be due.
4.3 Billing and Payment
All payments are processed through Apple's App Store or Google Play Store (collectively, "App Stores"). By purchasing a subscription:
(a) You authorize the applicable App Store to charge your chosen payment method; (b) You agree to the App Store's terms of service and payment terms; (c) You acknowledge that we have no control over and are not responsible for payment processing; (d) You understand that pricing is set by us but payment terms are governed by the App Stores.
4.4 Automatic Renewal
MONTHLY AND YEARLY SUBSCRIPTIONS AUTOMATICALLY RENEW UNLESS CANCELED AT LEAST 24 HOURS BEFORE THE END OF THE CURRENT BILLING PERIOD. Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current subscription rate.
4.5 Cancellation
You may cancel your subscription at any time through:
- iOS: Settings > Apple ID > Subscriptions
- Android: Google Play Store > Subscriptions
Cancellation will take effect at the end of the current billing period. You will retain access to premium features until the end of your paid period. No refunds will be provided for partial subscription periods.
4.6 Free Trials
We may offer free trial periods for premium subscriptions. If a free trial is offered:
(a) The trial is available only to new subscribers (one trial per user); (b) The subscription will automatically convert to a paid subscription upon trial expiration unless canceled; (c) Any unused portion of a free trial will be forfeited when you purchase a subscription.
4.7 Refund Policy
ALL SALES ARE FINAL. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS, UNUSED FEATURES, OR DISSATISFACTION WITH THE SERVICE.
Refund requests must be directed to the applicable App Store in accordance with their refund policies:
- Apple: https://support.apple.com/en-us/HT204084
- Google: https://support.google.com/googleplay/answer/2479637
We reserve the right to grant or deny refund requests at our sole discretion on a case-by-case basis.
4.8 Price Changes
We reserve the right to change subscription prices at any time. Price changes will take effect at the start of the next billing period following notice of the price change. Your continued use of premium features after the price change becomes effective constitutes your acceptance of the new price.
4.9 Taxes
You are responsible for any applicable taxes, duties, or other governmental levies related to your subscription. Subscription prices may or may not include applicable taxes depending on your jurisdiction.
5. User Conduct and Prohibited Activities
5.1 Acceptable Use
You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to use the App:
(a) In any way that violates any applicable federal, state, local, or international law or regulation; (b) To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the App; (c) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity; (d) To engage in any activity that could damage, disable, overburden, or impair the App.
5.2 Prohibited Activities
Without limiting the foregoing, you agree NOT to:
Technical Violations:
- Attempt to gain unauthorized access to the App, other accounts, or any systems or networks connected to the App;
- Use any robot, spider, scraper, or other automated means to access the App;
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the App;
- Modify, adapt, translate, or create derivative works based on the App;
- Circumvent, disable, or otherwise interfere with security-related features;
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices;
- Introduce any viruses, Trojan horses, worms, or other malicious code;
- Interfere with or disrupt the integrity or performance of the App;
- Attempt to probe, scan, or test the vulnerability of the App or any related system;
Content and Conduct Violations:
- Use the App to generate, store, or transmit any unlawful, defamatory, harassing, abusive, fraudulent, or obscene content;
- Use the App in any way that promotes illegal activities;
- Use the App to infringe upon the intellectual property rights of others;
- Use the App to harvest or collect information about other users;
- Use the App to send unsolicited communications or spam;
- Use the App in any manner that could harm minors;
Commercial Violations:
- Sell, resell, license, sublicense, or commercially exploit the App or any content;
- Use the App to advertise or solicit without our prior written consent;
- Use the App to compete with us or for any competitive analysis;
- Share, transfer, or sell your account or subscription to others.
5.3 Monitoring
We reserve the right, but have no obligation, to monitor use of the App to ensure compliance with these Terms. We may investigate any suspected violations and take any action we deem appropriate, including suspension or termination of your account.
5.4 Reporting Violations
If you become aware of any violation of these Terms, please report it to: reachus@frictionwell.com
6. User Content and Data
6.1 User-Generated Content
"User Content" means any data, text, information, or other content that you create, upload, transmit, or store using the App, including but not limited to habit names, descriptions, notes, custom templates, and any other user-generated data.
6.2 Ownership of User Content
You retain all ownership rights in your User Content. We do not claim ownership of any User Content you create through the App.
6.3 License to User Content
By creating User Content through the App, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, process, adapt, modify, publish, transmit, and display such User Content solely for the purpose of:
(a) Operating and providing the App services; (b) Improving and developing the App; (c) Creating anonymized, aggregated statistics; (d) Complying with legal obligations.
This license continues even after you stop using the App, but only for User Content that has been anonymized or aggregated such that it cannot be linked back to you.
6.4 Responsibility for User Content
You are solely responsible for your User Content and the consequences of creating or sharing it. You represent and warrant that:
(a) You own or have the necessary rights to use and authorize the use of your User Content; (b) Your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity; (c) Your User Content is accurate and not misleading; (d) Your User Content does not violate any applicable law or regulation.
6.5 No Obligation to Store
WE HAVE NO OBLIGATION TO STORE, MAINTAIN, OR PROVIDE YOU WITH A COPY OF ANY USER CONTENT. You are solely responsible for creating backup copies of your User Content. We recommend using the App's export functionality regularly.
6.6 Data Loss Disclaimer
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS, DELETION, OR CORRUPTION OF USER CONTENT. This includes, without limitation, loss due to:
(a) Device failure or loss; (b) App uninstallation; (c) Technical malfunctions; (d) Cloud synchronization failures; (e) Third-party service disruptions; (f) Account termination; (g) Any other cause whatsoever.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP AND ANY DATA STORED THEREIN IS ENTIRELY AT YOUR OWN RISK.
7. Intellectual Property Rights
7.1 Our Intellectual Property
The App and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, images, graphics, photographs, video, audio, design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
7.2 Trademarks
"Habit Loops," "Frictionwell," the Habi mascot image, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the App are the trademarks of their respective owners.
7.3 Limited License to Use App
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
(a) Download and install a copy of the App on a mobile device that you own or control; (b) Access and use the App for your personal, non-commercial purposes.
This license does not include the right to: (a) Modify, reproduce, or distribute the App; (b) Create derivative works based on the App; (c) Reverse engineer or decompile the App; (d) Use the App for any commercial purpose.
7.4 Reservation of Rights
We reserve all rights not expressly granted to you in these Terms. Nothing in these Terms grants you any right to use our trademarks, trade names, service marks, or logos.
7.5 Feedback
If you provide us with any feedback, suggestions, ideas, improvements, or other input regarding the App ("Feedback"), you hereby assign to us all rights, title, and interest in and to such Feedback. We shall be free to use, disclose, reproduce, license, or otherwise distribute and exploit the Feedback without any obligation to you.
8. Third-Party Services and Content
8.1 Third-Party Services
The App and Website may integrate with or provide access to third-party services, including but not limited to:
(a) Authentication providers (Apple, Google); (b) Cloud storage providers (iCloud, Google Drive); (c) Analytics services; (d) Payment processors (Apple App Store, Google Play Store); (e) AI service providers.
8.2 Third-Party Terms
Your use of any third-party services is subject to the terms and conditions and privacy policies of those third parties. WE ARE NOT RESPONSIBLE FOR THE CONTENT, POLICIES, OR PRACTICES OF ANY THIRD-PARTY SERVICES.
8.3 No Endorsement
The inclusion of any third-party service or link in the App does not imply endorsement by us of such third party or their products, services, or content.
8.4 Third-Party Content
Any content, materials, or information obtained through third-party services is at your own risk. We are not responsible for examining or evaluating the content or accuracy of third-party content.
8.5 Disclaimer Regarding Third Parties
WE DISCLAIM ALL LIABILITY ARISING FROM YOUR USE OF THIRD-PARTY SERVICES OR CONTENT. YOU EXPRESSLY RELIEVE US FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY SERVICES OR CONTENT.
9. Website and Marketing Site Terms
9.1 Scope
This section applies specifically to your use of the Frictionwell marketing website at https://frictionwell.com and any related web properties ("Website"). These terms are in addition to, and do not replace, the general terms applicable to all Services.
9.2 Browsewrap Agreement
By accessing or using the Website, you agree to these Terms even if you do not click "I Agree" or create an account. The Website prominently displays a link to these Terms in the footer of every page. Your continued use of the Website after being provided access to these Terms constitutes your acceptance.
9.3 Permitted Website Use
You may use the Website to: (a) Learn about the Habit Loops app and its features; (b) Read blog posts, articles, and educational content; (c) Subscribe to newsletters and marketing communications; (d) Contact us through provided forms; (e) Download the App through linked App Store or Play Store listings; (f) Access support and documentation.
9.4 Prohibited Website Conduct
In addition to the prohibited activities in Section 5, you agree NOT to:
(a) Scrape, crawl, or spider any content from the Website; (b) Mirror or frame any part of the Website on another site; (c) Use the Website to harvest email addresses or other contact information; (d) Submit false, misleading, or spam content through any Website form; (e) Attempt to interfere with the proper working of the Website; (f) Use automated tools to access, interact with, or monitor the Website; (g) Download, copy, or redistribute Website content except as expressly permitted; (h) Deep-link to specific pages of the Website for commercial purposes without permission.
9.5 Website Content Ownership
All content on the Website — including but not limited to text, graphics, logos, images, screenshots, mockups, blog posts, articles, videos, audio, data compilations, and software — is the property of Frictionwell or its content suppliers and is protected by intellectual property laws.
9.6 Limited License for Website Content
We grant you a limited, revocable, non-exclusive license to access and view the Website content for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any Website content without our prior written consent.
9.7 Newsletter and Email Communications
If you subscribe to our newsletter or marketing emails:
(a) You consent to receive periodic emails about Habit Loops, product updates, blog posts, tips, and promotional offers; (b) You may unsubscribe at any time by clicking the "Unsubscribe" link in any email; (c) We will process your unsubscribe request within 10 business days; (d) Even after unsubscribing from marketing emails, you may still receive transactional emails related to your account; (e) We do not sell or rent email subscriber lists to third parties.
9.8 User-Submitted Content via Website
If you submit any content through the Website (e.g., contact forms, feedback, comments, testimonials):
(a) You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content solely for the purposes of operating, improving, and promoting our Services. This license continues after you cease using the Services only for content that has been anonymized or aggregated such that it cannot be linked back to you; (b) You represent that your submitted content does not violate any law or third-party rights; (c) We are under no obligation to use, display, or respond to your submitted content; (d) We may remove any user-submitted content at our sole discretion.
9.9 Links to App Stores
The Website may contain links to the Apple App Store and Google Play Store. These links redirect you to third-party platforms governed by their own terms. We are not responsible for the availability or content of these third-party platforms.
9.10 Website Availability
We do not guarantee that the Website will be available at all times or in all locations. We may temporarily or permanently discontinue the Website or any part thereof at any time without notice.
10. AI-Powered Features Disclaimer
10.1 Nature of AI Features
The App may include, now or in future updates, premium features that utilize artificial intelligence and machine learning technologies to provide personalized insights, recommendations, and analysis ("AI Features"). Not all AI Features may be available at launch or in all versions of the App. The availability of specific AI Features is described within the App itself. You acknowledge and agree that:
(a) AI Features are provided for informational and educational purposes only; (b) AI-generated content may contain errors, inaccuracies, or limitations; (c) AI Features do not constitute professional advice of any kind; (d) AI Features should not be relied upon as a substitute for professional judgment.
10.2 No Professional Advice
AI FEATURES DO NOT PROVIDE MEDICAL, PSYCHOLOGICAL, THERAPEUTIC, FINANCIAL, LEGAL, OR ANY OTHER PROFESSIONAL ADVICE. The App is not a healthcare provider, therapist, counselor, or professional advisor.
10.3 AI Accuracy Disclaimer
WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF ANY AI-GENERATED CONTENT. AI outputs are generated based on algorithms and patterns and may not be suitable for your specific circumstances.
10.4 User Responsibility
You are solely responsible for any decisions or actions you take based on AI-generated content. We recommend consulting with qualified professionals for any health, psychological, or other professional matters.
10.5 AI Data Usage
By using AI Features, you acknowledge that your habit data may be processed by AI systems to generate insights. See our Privacy Policy for details on data processing.
11. Health and Wellness Disclaimers
11.1 Not a Medical Device
HABIT LOOPS IS NOT A MEDICAL DEVICE, DIAGNOSTIC TOOL, OR TREATMENT METHOD. THE APP IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION.
11.2 Not Professional Advice
The App, including all content, features, analytics, insights, and recommendations:
(a) Does not provide medical advice; (b) Does not provide psychological or mental health advice; (c) Does not provide nutritional or dietary advice; (d) Does not provide fitness or exercise advice; (e) Does not provide addiction counseling or treatment; (f) Does not replace professional consultation.
11.3 Consult Professionals
ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROVIDER, MENTAL HEALTH PROFESSIONAL, OR OTHER QUALIFIED PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, MENTAL HEALTH ISSUE, OR ANY OTHER HEALTH-RELATED MATTER.
11.4 Emergency Situations
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, MENTAL HEALTH CRISIS, OR ANY SITUATION THAT POSES A RISK TO YOUR HEALTH OR SAFETY, STOP USING THE APP AND IMMEDIATELY SEEK EMERGENCY ASSISTANCE BY CALLING EMERGENCY SERVICES (911 IN THE US) OR GOING TO YOUR NEAREST EMERGENCY ROOM.
11.5 Assumption of Risk
You acknowledge and agree that:
(a) Any use of the App for health-related purposes is at your own risk; (b) We are not responsible for any health outcomes related to your use of the App; (c) You assume full responsibility for your health and wellness decisions.
11.6 Behavioral Changes Disclaimer
THE APP IS DESIGNED TO HELP YOU TRACK HABITS AND BEHAVIORS. HOWEVER:
(a) We make no guarantees about the effectiveness of habit tracking or behavioral change; (b) Results vary significantly between individuals; (c) The App cannot and does not guarantee that you will achieve any specific goals; (d) We are not responsible for any consequences of habits you choose to build or quit; (e) You are solely responsible for determining whether any habit or behavioral change is appropriate for you; (f) The App should not be used as a substitute for professional treatment for addiction, eating disorders, or any mental or physical health condition.
11.7 Quit Habit Features
For "quit" type habits (e.g., quitting smoking, reducing alcohol consumption, etc.):
(a) The App provides tracking tools only, not treatment or medical intervention; (b) Substance cessation may cause withdrawal symptoms requiring medical supervision; (c) Always consult a healthcare provider before attempting to quit substances; (d) We are not responsible for any adverse effects from behavioral changes you make.
11.8 Release of Health-Related Claims
BY USING THE APP, YOU RELEASE THE COMPANY FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS, AND CAUSES OF ACTION ARISING FROM OR RELATED TO:
(a) Any habit you choose to build or quit using the App; (b) Any health outcomes, positive or negative, resulting from your use of the App; (c) Any reliance on information, insights, or recommendations provided by the App; (d) Any failure to achieve desired results or outcomes.
12. Limitation of Liability
12.1 Disclaimer of Warranties
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
(a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (b) WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR VIRUS-FREE; (c) WARRANTIES THAT THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (d) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT; (e) WARRANTIES THAT DEFECTS WILL BE CORRECTED; (f) WARRANTIES REGARDING THE RESULTS TO BE OBTAINED FROM USE OF THE APP.
12.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, NOR ANY OF ITS OWNERS, FOUNDERS, SHAREHOLDERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY WITH THE COMPANY, THE "RELEASED PARTIES") BE LIABLE FOR:
(a) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; (b) ANY DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES; (c) ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (d) ANY DAMAGES RESULTING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF THE APP; (e) ANY DAMAGES RESULTING FROM BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS; (f) ANY DAMAGES RESULTING FROM ANY CONTENT OR CONDUCT OF ANY THIRD PARTY; (g) ANY DAMAGES RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE APP; (h) ANY DAMAGES RESULTING FROM LOSS, CORRUPTION, OR DELETION OF YOUR USER CONTENT; (i) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER; (j) ANY MATTER BEYOND OUR REASONABLE CONTROL;
REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE), EVEN IF ANY RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3 Liability Cap
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ALL RELEASED PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP EXCEED THE GREATER OF:
(a) THE AMOUNT YOU ACTUALLY PAID TO US FOR THE APP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (b) FIFTY DOLLARS ($50.00 USD).
THIS LIMITATION APPLIES TO ALL RELEASED PARTIES COLLECTIVELY, NOT INDIVIDUALLY. YOUR RECOVERY FROM ALL RELEASED PARTIES COMBINED SHALL NOT EXCEED THIS AMOUNT.
12.4 No Liability of Individuals
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE PROPRIETOR, EMPLOYEES, AGENTS, AND CONTRACTORS OF FRICTIONWELL SHALL NOT HAVE PERSONAL LIABILITY TO YOU EXCEEDING THE LIABILITY CAP SET FORTH IN SECTION 12.3. Your recovery is limited to the amounts set forth in Section 12.3. See Section 27 (Limitation of Recourse) for additional provisions.
12.5 Essential Purpose
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.6 Basis of the Bargain
YOU ACKNOWLEDGE THAT THE COMPANY HAS SET ITS PRICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
12.7 Jurisdictional Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. Indemnification
13.1 Your Indemnification Obligations
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY AND ALL OF ITS OWNERS, FOUNDERS, SHAREHOLDERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, OBLIGATIONS, PENALTIES, FINES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES, EXPERT WITNESS FEES, AND COURT COSTS) ARISING OUT OF OR RELATED TO:
(a) Your use or misuse of the App; (b) Your User Content; (c) Your violation of these Terms; (d) Your violation of any applicable law, regulation, or third-party right; (e) Your violation of any third-party rights, including intellectual property, privacy, or publicity rights; (f) Any dispute or issue between you and any third party; (g) Your negligence, recklessness, or willful misconduct; (h) Any claim that your User Content caused damage to a third party; (i) Any claim arising from your health, wellness, or behavioral decisions made while using the App; (j) Any attempt to recover damages exceeding the liability cap set forth in Section 12.3; (k) Any breach of Section 27 (Limitation of Recourse); (l) Any false, inaccurate, or misleading information you provide; (m) Your failure to comply with applicable laws regarding your use of the App.
13.2 Defense and Settlement
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with our defense of such claims. You shall not settle any claim that would impose any obligation or liability on any Indemnified Party without our prior written consent.
13.3 Notice
We will provide you with prompt written notice of any claim subject to indemnification; however, failure to provide such notice shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced thereby.
13.4 Survival
Your indemnification obligations under this Section shall survive termination of these Terms and your use of the App indefinitely.
14. Termination
14.1 Termination by You
You may terminate your use of the App at any time by: (a) Deleting the App from your device(s); (b) Deleting your account through the App settings; (c) Contacting us to request account deletion.
14.2 Termination by Us
WE MAY TERMINATE OR SUSPEND YOUR ACCESS TO THE APP IMMEDIATELY, WITHOUT PRIOR NOTICE OR LIABILITY, FOR ANY REASON WHATSOEVER, INCLUDING WITHOUT LIMITATION:
(a) Your breach of these Terms; (b) Suspected fraudulent, abusive, or illegal activity; (c) Requests by law enforcement or government agencies; (d) Unexpected technical or security issues; (e) Extended periods of inactivity; (f) Discontinuation or material modification of the App; (g) Any other reason at our sole discretion.
14.3 Effect of Termination
Upon termination:
(a) All rights and licenses granted to you will terminate immediately; (b) You must immediately cease all use of the App; (c) You must delete all copies of the App from your devices; (d) We may delete your account and User Content after providing a reasonable window (minimum 30 days for Company-initiated termination) for you to export your data using the App's export functionality, except in cases of termination for breach of these Terms or illegal activity; (e) Any provisions of these Terms that by their nature should survive termination shall survive (including, without limitation, Sections 6 (User Content), 7 (Intellectual Property), 12 (Limitation of Liability), 13 (Indemnification), 15 (Governing Law), 17 (Arbitration), 18 (Class Action Waiver), 26 (Statute of Limitations), and 27 (Corporate Liability Shield)).
14.4 No Refund Upon Termination
IF WE TERMINATE YOUR ACCOUNT DUE TO YOUR BREACH OF THESE TERMS, YOU WILL NOT BE ENTITLED TO ANY REFUND OF SUBSCRIPTION FEES.
15. Governing Law
15.1 Choice of Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India, with specific reference to the laws applicable in the State of Karnataka, without regard to conflict of law provisions.
15.2 Exclusive Jurisdiction
Subject to the arbitration provisions below and to mandatory local consumer protection laws that cannot be overridden by contract, the courts of Bengaluru, Karnataka, India shall have exclusive jurisdiction over any disputes arising out of or relating to these Terms or the App.
15.3 Compliance with Local Laws
You are responsible for compliance with all local laws in your jurisdiction regarding online conduct and acceptable content.
16. Dispute Resolution
16.1 Informal Resolution
Before initiating any formal dispute resolution process, you agree to first contact us at reachus@frictionwell.com to attempt to resolve any dispute informally. We will attempt to resolve the dispute through informal negotiation within sixty (60) days of receiving your notice.
16.2 Mandatory Arbitration
IF WE CANNOT RESOLVE A DISPUTE INFORMALLY, YOU AND WE EACH AGREE TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT.
17. Arbitration Agreement
17.1 Agreement to Arbitrate
BY AGREEING TO THESE TERMS, YOU AND THE COMPANY AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, THE APP, OR YOUR USE OF THE APP SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT.
17.2 Arbitration Rules and Seat
The arbitration shall be conducted under the following framework:
For Users in India: The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 (as amended) and the rules of the Indian Council of Arbitration or a mutually agreed arbitration institution. The seat of arbitration shall be Bengaluru, Karnataka, India. The language of arbitration shall be English.
For Users in the United States: The arbitration shall be conducted by JAMS (Judicial Arbitration and Mediation Services) in accordance with the JAMS Streamlined Arbitration Rules and Procedures then in effect, as modified by this Agreement. The seat of arbitration shall be Bengaluru, Karnataka, India, or virtually if both parties agree, or at another location determined by the arbitrator if Bengaluru creates undue hardship for the claimant.
For Users in Singapore, Japan, South Korea, Australia, Bangladesh, and Sri Lanka: The arbitration shall be conducted under the rules of the Singapore International Arbitration Centre (SIAC) or the arbitration institution mutually agreed upon by the parties. The seat of arbitration shall be Bengaluru, Karnataka, India, unless local mandatory law requires a different seat.
For Users in the Americas (Canada, Brazil, Mexico, and others) and Europe: The arbitration shall be conducted by an internationally recognized arbitration institution (JAMS, ICC, or SIAC) as determined by the Company. The seat of arbitration shall be Bengaluru, Karnataka, India, unless: (a) local mandatory consumer protection law requires arbitration in the consumer's country of residence; or (b) the arbitration clause is unenforceable under local law, in which case disputes shall be resolved in the courts of Bengaluru, Karnataka, India, subject to mandatory local consumer jurisdiction provisions.
17.3 Arbitrator Authority
The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable.
17.4 Costs of Arbitration
Each party shall pay their own costs of arbitration, including attorneys' fees, unless the arbitrator determines that a party has prevailed and awards fees to that party. If the costs of arbitration in Bengaluru create a demonstrable financial hardship for the claimant, the arbitrator may order the proceedings to be conducted virtually.
17.5 Opt-Out
YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO: reachus@frictionwell.com WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THESE TERMS. Your notice must include your name, address, email, and a clear statement that you wish to opt out of this arbitration agreement.
17.6 Residual Court Jurisdiction
If the arbitration agreement is found unenforceable for any reason, or if a claim falls outside the scope of arbitration, you agree that any litigation shall be filed exclusively in the courts of Bengaluru, Karnataka, India, and you hereby consent to the personal jurisdiction of such courts, except where mandatory local consumer protection law grants you the right to bring proceedings in your country of residence.
17.7 Small Claims Exception
Notwithstanding the above, either party may bring an individual action in a small claims court of competent jurisdiction.
17.8 Injunctive Relief
Nothing in this arbitration agreement prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent imminent harm or preserve the status quo pending arbitration.
18. Class Action Waiver
18.1 Waiver of Class Proceedings
YOU AND WE AGREE THAT ANY ARBITRATION OR LITIGATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
18.2 No Class Actions
YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If any court or arbitrator determines that this class action waiver is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes.
18.3 No Jury Trial
TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.
19. General Provisions
19.1 Entire Agreement
These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and the Company regarding the App and supersede all prior and contemporaneous agreements, proposals, representations, and understandings.
19.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.
19.3 Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
19.4 Assignment
You may not assign or transfer these Terms or your rights or obligations hereunder, in whole or in part, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
19.5 No Third-Party Beneficiaries
Except as expressly provided in Section 19.11 (Apple and Google Terms) and Section 27.6 (Associated Individuals as third-party beneficiaries of the Limitation of Recourse), these Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
19.6 Notices
All notices, requests, demands, and other communications under these Terms shall be in writing. Notices to you may be sent to the email address associated with your account or displayed within the App. Notices to us should be sent to: reachus@frictionwell.com
19.7 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
19.8 Relationship of the Parties
Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and the Company.
19.9 Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
19.10 Language
These Terms are written in English. If translated into other languages, the English version shall control in the event of any conflict or discrepancy.
19.11 Apple and Google Terms
If you downloaded the App from the Apple App Store or Google Play Store, you also agree to comply with the terms and conditions of those platforms. You acknowledge that:
(a) These Terms are between you and the Company, not with Apple or Google; (b) Apple and Google have no obligation to furnish maintenance or support services; (c) Apple and Google are not responsible for addressing any claims relating to the App; (d) In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google, and they may refund the purchase price (if any); (e) Apple and Google and their subsidiaries are third-party beneficiaries of these Terms.
20. Contact Information
For all questions, concerns, feedback, legal inquiries, privacy requests, and any other communications regarding these Terms or the Services, please contact us:
Frictionwell
Email: reachus@frictionwell.com
Website: https://frictionwell.com
21. DMCA and Copyright Compliance
21.1 Respect for Intellectual Property
We respect the intellectual property rights of others and expect users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.
21.2 DMCA Notification
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work claimed to have been infringed; (c) Identification of the material that is claimed to be infringing, and where it is located; (d) Your address, telephone number, and email address; (e) A statement that you have a good faith belief that use of the material is not authorized; (f) A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.
Copyright Agent Contact: reachus@frictionwell.com
21.3 Counter-Notification
If you believe your content was removed in error, you may submit a counter-notification with the required information under the DMCA.
22. Beta Features and Experimental Services
22.1 Beta Features
From time to time, we may offer beta, preview, or experimental features ("Beta Features"). Beta Features are provided on an "as is" basis and may be modified or discontinued at any time without notice.
22.2 No Warranty for Beta
BETA FEATURES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL LIABILITY FOR ANY HARM OR DAMAGE ARISING FROM YOUR USE OF BETA FEATURES.
22.3 Feedback on Beta
If you use Beta Features, we may request feedback. Any feedback provided is subject to Section 7.5 (Feedback) of these Terms.
23. Export Control Compliance
You agree to comply with all applicable export control laws and regulations. You represent and warrant that:
(a) You are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; (b) You are not listed on any U.S. Government list of prohibited or restricted parties.
24. Government Users
If you are a U.S. government user, the App is provided as "commercial computer software" and "commercial computer software documentation" as defined in FAR 12.212 and DFARS 227.7202. Government users acquire only those rights set forth in these Terms.
25. Assumption of Risk
25.1 Voluntary Use
Your use of the App is entirely voluntary. You assume all risks associated with your use of the App, including but not limited to:
(a) Risk of loss, deletion, or corruption of data; (b) Risk that the App may not meet your expectations or requirements; (c) Risk of relying on any information or content provided through the App; (d) Risk associated with any habits you choose to track or behaviors you choose to modify.
25.2 No Insurance
We do not maintain insurance coverage for user claims. The liability limitations in these Terms reflect the allocation of risk between you and us.
26. Statute of Limitations
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
27. Limitation of Recourse
27.1 Agreement with Business Entity
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS ENTERED INTO WITH FRICTIONWELL, A SOLE PROPRIETORSHIP. You understand that Frictionwell is operated by its proprietor and is not a separate incorporated entity. Notwithstanding this, you agree that your sole and exclusive recourse for any claims, disputes, damages, or causes of action arising out of or relating to these Terms, the Services, or your use of the Services shall be limited as set forth in this Section and in Section 12 (Limitation of Liability).
27.2 Limitation of Recovery
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR TOTAL RECOVERY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE LIABILITY CAP SET FORTH IN SECTION 12.3, REGARDLESS OF THE THEORY OF LIABILITY. You acknowledge that this limitation reflects the free or low-cost nature of the Services and the allocation of risk between you and Frictionwell.
27.3 Waiver of Claims Beyond Liability Cap
YOU HEREBY EXPRESSLY AND VOLUNTARILY WAIVE, RELEASE, AND FOREVER DISCHARGE FRICTIONWELL AND ITS PROPRIETOR, AND ANY EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, "ASSOCIATED INDIVIDUALS") FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS, AND CAUSES OF ACTION EXCEEDING THE LIABILITY CAP SET FORTH IN SECTION 12.3, whether known or unknown, suspected or unsuspected, that you now have, have ever had, or may hereafter have, to the maximum extent permitted by applicable law.
27.4 Covenant Not to Sue Beyond Liability Cap
YOU COVENANT AND AGREE NOT TO INITIATE OR PROSECUTE ANY CLAIM, ACTION, LAWSUIT, ARBITRATION, OR OTHER PROCEEDING SEEKING DAMAGES IN EXCESS OF THE LIABILITY CAP SET FORTH IN SECTION 12.3. Any attempt to recover amounts exceeding the liability cap shall be deemed a material breach of these Terms.
27.5 Indemnification for Breach
IF YOU BREACH ANY PROVISION OF THIS SECTION 27 BY SEEKING RECOVERY IN EXCESS OF THE LIABILITY CAP, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FRICTIONWELL AND ITS ASSOCIATED INDIVIDUALS FROM AND AGAINST ALL DAMAGES, COSTS, EXPENSES, AND ATTORNEYS' FEES INCURRED IN DEFENDING AGAINST SUCH EXCESS CLAIM, AND YOU AGREE TO PAY LIQUIDATED DAMAGES IN THE AMOUNT OF $50,000 USD, WHICH AMOUNT THE PARTIES AGREE IS A REASONABLE ESTIMATE OF DAMAGES AND NOT A PENALTY.
27.6 Third-Party Beneficiary Rights
ALL ASSOCIATED INDIVIDUALS ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THIS SECTION 27 AND SHALL HAVE THE RIGHT TO ENFORCE THE PROVISIONS OF THIS SECTION DIRECTLY AGAINST YOU.
27.7 Survival
The provisions of this Section shall survive termination of these Terms and your use of the Services indefinitely.
28. Acknowledgment
BY USING THE APP, YOU ACKNOWLEDGE THAT:
(a) You have read and understood these Terms in their entirety; (b) You agree to be bound by these Terms; (c) You have the legal capacity and authority to enter into this Agreement; (d) You understand the arbitration agreement and class action waiver; (e) You voluntarily consent to these Terms.
29. International Jurisdiction-Specific Terms
The following provisions apply to users in specific jurisdictions. Where local mandatory consumer protection law provides greater protection than these Terms, local law shall prevail to the extent required.
29.1 Australia
If you are located in Australia, the following applies:
Australian Consumer Law (ACL): Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or any other applicable law that cannot be excluded, restricted, or modified by agreement.
Consumer Guarantees: If the ACL applies, our goods and services come with guarantees that cannot be excluded. For major failures with the service, you are entitled to cancel your subscription and obtain a refund. For minor failures, you are entitled to have the problem corrected.
Limitation of Liability: To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is limited, at our option, to: (a) re-supplying the services; or (b) paying the cost of having the services re-supplied.
Governing Law: These Terms are governed by the laws of India (Karnataka) as set forth in Section 15. However, nothing in these Terms excludes or limits the application of mandatory Australian Consumer Law protections. To the extent required by the ACL, disputes involving consumer guarantees may be brought before Australian courts.
29.2 Singapore
If you are located in Singapore, the following applies:
Consumer Protection (Fair Trading) Act: We comply with the Consumer Protection (Fair Trading) Act (CPFTA) and will not engage in unfair practices as defined under the Act.
Electronic Transactions Act: This Agreement is an electronic contract valid under the Electronic Transactions Act (Cap. 88).
Governing Law: These Terms are governed by the laws of India (Karnataka) as set forth in Section 15. Where mandatory provisions of Singapore law apply, those provisions shall prevail to the extent of any inconsistency.
PDPA Compliance: Our data practices comply with the Personal Data Protection Act 2012. See our Privacy Policy for details.
29.3 India
If you are located in India, the following applies:
Consumer Protection Act 2019: Nothing in these Terms shall limit your rights under the Consumer Protection Act 2019, including the right to file complaints with the Consumer Disputes Redressal Commission.
Information Technology Act 2000: We comply with the Information Technology Act 2000 and rules thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011.
Grievance Redressal: In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, complaints may be directed to: Grievance Officer: Shashank M (Proprietor, Frictionwell) Email: reachus@frictionwell.com Acknowledgment: Within 24 hours of receipt Resolution: Within 15 days of receipt
Governing Law and Jurisdiction: These Terms are governed by the laws of India, with specific reference to the laws applicable in the State of Karnataka. The courts of Bengaluru, Karnataka shall have exclusive jurisdiction over any disputes, subject to your statutory rights under the Consumer Protection Act 2019 to file consumer complaints where you reside.
Arbitration: Disputes shall be resolved through arbitration in Bengaluru in accordance with the Arbitration and Conciliation Act, 1996 (as amended).
Age of Majority: In India, users must be at least 18 years of age, or have verifiable parental consent if between 13-18 years of age, as required under the Digital Personal Data Protection Act, 2023.
29.4 Japan
If you are located in Japan, the following applies:
Consumer Contract Act: If you are a consumer as defined under the Consumer Contract Act of Japan, certain provisions of these Terms that unfairly disadvantage consumers may not apply to you to the extent prohibited by law.
Act on Specified Commercial Transactions: We comply with disclosure requirements under the Act on Specified Commercial Transactions for digital content and subscription services.
Governing Law: These Terms are governed by the laws of India (Karnataka) as set forth in Section 15. Where mandatory provisions of Japanese consumer protection law apply, those provisions shall prevail. Disputes involving mandatory Japanese consumer rights may be submitted to the Tokyo District Court as a court of first instance.
Cooling-Off Period: Digital content may not be subject to a cooling-off period under Japanese law once download or access has commenced.
29.5 South Korea
If you are located in South Korea, the following applies:
Consumer Protection Laws: We comply with the Framework Act on Consumers, the Act on Consumer Protection in Electronic Commerce, and the Act on the Regulation of Terms and Conditions.
Subscription Cancellation: You may cancel subscriptions in accordance with the Act on Consumer Protection in Electronic Commerce. Refund policies comply with Korean consumer protection requirements.
Terms and Conditions Regulation: Pursuant to the Act on the Regulation of Terms and Conditions, terms that are excessively unfavorable to consumers may be deemed invalid.
Governing Law: These Terms are governed by the laws of India (Karnataka) as set forth in Section 15. Where mandatory provisions of South Korean consumer protection law apply, those provisions shall prevail. Disputes involving mandatory Korean consumer rights may be submitted to the Seoul Central District Court.
Minor Users: Users under 19 years of age must have legal guardian consent. Transactions by minors without proper consent may be cancelled.
29.6 Bangladesh
If you are located in Bangladesh, the following applies:
Consumer Rights Protection Act 2009: We respect consumer rights under the Consumer Rights Protection Act 2009.
Digital Security Act 2018: We comply with applicable provisions of the Digital Security Act 2018.
Governing Law: While these Terms are governed by Indian law (Karnataka), Bangladeshi courts may have jurisdiction over disputes where required by local law. Nothing in these Terms deprives you of mandatory consumer protections under Bangladeshi law.
Payment: Subscription payments processed through international payment providers comply with Bangladesh Bank regulations.
29.7 Sri Lanka
If you are located in Sri Lanka, the following applies:
Consumer Affairs Authority Act: We respect consumer rights under the Consumer Affairs Authority Act No. 9 of 2003.
Computer Crimes Act: We comply with the Computer Crimes Act No. 24 of 2007 regarding data and electronic transactions.
Governing Law: While these Terms are governed by Indian law (Karnataka), Sri Lankan courts may have jurisdiction where required by local law. Mandatory consumer protections under Sri Lankan law are preserved.
29.8 Canada
If you are located in Canada, the following applies:
Consumer Protection Legislation: Consumer protection legislation in your province of residence may apply to your use of the App and may provide you with additional rights. Nothing in these Terms limits any rights you may have under applicable provincial consumer protection laws.
Quebec: If you are a resident of Quebec, the following applies: The parties have agreed that this Agreement and all related documents be drafted in English. Les parties ont convenu que la présente convention et tous les documents connexes soient rédigés en anglais.
Arbitration: The arbitration provision may not apply to residents of certain provinces where prohibited by law. In such cases, disputes shall be resolved in the courts of your province of residence.
Governing Law: These Terms are governed by the laws of India (Karnataka) as set forth in Section 15, except where mandatory provincial consumer protection laws apply, in which case those provisions shall prevail.
29.9 Brazil
If you are located in Brazil, the following applies:
Consumer Defense Code (CDC): If you are a consumer under the Código de Defesa do Consumidor (Law No. 8.078/1990), you are entitled to the protections of Brazilian consumer law, which cannot be waived.
Right of Withdrawal: You may have a 7-day right of withdrawal from the date of subscription purchase, as provided under Article 49 of the CDC for distance contracts.
Abusive Clauses: Clauses that limit liability or impose excessive disadvantages on consumers may be deemed null and void under the CDC.
Arbitration: The mandatory arbitration clause shall not apply to individual consumers in Brazil to the extent prohibited by the CDC. You may bring claims in Brazilian courts.
Governing Law: Notwithstanding Section 15, mandatory provisions of Brazilian consumer protection law shall apply to Brazilian consumers.
29.10 Mexico
If you are located in Mexico, the following applies:
Federal Consumer Protection Law (LFPC): We comply with the Ley Federal de Protección al Consumidor. You have rights under this law that cannot be waived.
PROFECO: You may file complaints with the Procuraduría Federal del Consumidor (PROFECO) for consumer protection matters.
Arbitration: The arbitration clause shall not prevent you from seeking remedies before PROFECO or Mexican consumer courts where permitted by law.
Governing Law: Mandatory provisions of Mexican consumer protection law shall apply to Mexican consumers.
29.11 Other Americas (Argentina, Chile, Colombia, Peru, etc.)
If you are located in other countries in the Americas:
We comply with applicable local consumer protection laws. Mandatory consumer protections under your local law are preserved and shall prevail over any conflicting provision in these Terms. You may have the right to bring claims in local courts notwithstanding the arbitration clause, where required by local law.
29.12 European Union and United Kingdom
If you are located in the EU or UK, the following applies:
Consumer Rights: You have rights under EU/UK consumer protection laws that cannot be excluded by contract, including the Consumer Rights Directive and Consumer Contracts Regulations.
Right of Withdrawal: You may have a 14-day right to withdraw from digital content purchases, except where you have consented to immediate performance and acknowledged loss of withdrawal rights.
Unfair Terms: Terms deemed unfair under the Unfair Contract Terms Directive or Consumer Rights Act 2015 (UK) shall not be binding.
Dispute Resolution: You may bring claims in the courts of your country of residence. The EU Online Dispute Resolution platform is available at ec.europa.eu/odr.
Governing Law: The law of your country of residence shall apply to the extent required by mandatory consumer protection provisions.
30. Severability of International Provisions
If any jurisdiction-specific provision in Section 29 is held to be invalid or unenforceable in a particular jurisdiction, it shall not affect the validity of other provisions or the application of that provision in other jurisdictions.
31. Language and Translation
These Terms are drafted in English. If these Terms are translated into any other language and there is a discrepancy between the English version and the translated version, the English version shall prevail, except where prohibited by local law.
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LAST REVIEWED AND UPDATED: February 1, 2026