Terms of service

These terms cover your use of the Shifty Habits app for Android, including the optional Pro upgrade. By installing or using the app you agree to them. If you don't agree, please don't use the app.

In short: the app is free to use, Pro is a one-off purchase through Google Play, and your data stays on your phone, so keeping a backup is up to you. Reminders and Sleep Mode are aids, not safety devices: don't rely on them alone to wake you for work. Nothing here takes away rights you have under consumer law, including the Australian Consumer Law.

Who we are

Shifty Habits is made and sold by Luke Briggs, a sole trader in Tasmania, Australia, who publishes on Google Play as Luke@ShiftyHabits (“we”, “us”). You can reach us at ShiftyHabits@gmail.com. Our trader details are also shown on the app's Google Play listing.

Your licence to use the app

We give you a personal, non-exclusive, non-transferable licence to install and use Shifty Habits on Android devices you own or control, for your own use. The app, its design, code, text and graphics remain ours. You may not copy, resell, redistribute, decompile or reverse-engineer the app, except where the law allows it regardless of these terms. Your use of Google Play itself is also governed by Google's own terms.

Free features and Pro

Refunds

Refunds for purchases are processed through Google Play. You can request one through Play under Google Play's refund policy, or email us and we'll help. Under the Australian Consumer Law, and similar laws where you live, you're entitled to a remedy if Pro has a major failure or is not as described. These rights can't be excluded and apply regardless of anything in these terms.

Your data and backups

Your habits, schedule, notes and history are stored only on your device; how we handle data is set out in our privacy policy. Because we don't hold a copy, we can't recover your data if your phone is lost, reset or replaced, or if the app's data is cleared. Keeping a backup with Settings → Data → Export Backup is your responsibility. Backup files are unencrypted, so store and share them with care. You own the content you enter in the app.

Reminders, Sleep Mode and calendar sync

Reminders, Sleep Mode and calendar sync depend on Android, your device's manufacturer settings, battery optimisation, permissions you grant, and your roster being entered correctly. They can be delayed, silenced or missed in ways we don't control. In particular:

Not medical advice

Shifty Habits is a habit-tracking tool. It, and the guides on this site, are general information and are not medical, health or safety advice. Talk to a doctor about persistent sleep trouble, fatigue or any health concern, and follow your workplace's fatigue-management rules.

Acceptable use

Use the app lawfully and only for its intended purpose. Don't try to tamper with its purchase checks, interfere with its operation, or use it to infringe anyone else's rights.

Third-party services

The app relies on services provided by Google: Google Play for distribution, purchases and updates, and Firebase for optional diagnostics, as described in the privacy policy. Calendar events you sync are handled by your calendar provider. These services are governed by their own terms, and we are not responsible for their availability or conduct.

Updates and availability

We may release updates to fix problems, improve the app or keep it working with new versions of Android, and some features may need the latest version. The app may not be available in every country or on every device. We aim to keep Shifty Habits available, but we can't promise it will be offered on Google Play forever. Because your data is stored on your phone, the app keeps working with what you have if we stop updating it.

Warranties and liability

The app comes with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure with the service you are entitled to cancel and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel and obtain a refund for the unused portion.

Apart from those guarantees and any other rights you have by law that can't be excluded, the app is provided “as is” and “as available”, and we don't promise it will be uninterrupted or error-free. To the extent the law allows:

If you live in the UK, the EU or another country whose law gives you consumer rights that these terms can't override, those rights still apply to you, and nothing in these terms limits our liability for death or personal injury caused by our negligence, or for fraud.

Ending these terms

You can stop using the app at any time by uninstalling it. We may suspend or end your licence if you seriously breach these terms, for example by circumventing the purchase checks. Sections that by their nature should continue, such as those on liability and governing law, survive the end of these terms.

Changes to these terms

We may update these terms, for example when the app gains features or the law changes. The date at the top changes with each update. If a change materially affects you, we'll tell you in the app or on this page before it takes effect. Continuing to use the app after a change means you accept the updated terms.

Governing law

These terms are governed by the laws of Tasmania, Australia, and the courts of Tasmania and the Commonwealth of Australia have jurisdiction. If you are a consumer living elsewhere, you also keep the protection of the mandatory laws of the country where you live, and you may bring a claim in your local courts where that law allows.

Contact

For questions about these terms, a purchase or a refund, contact ShiftyHabits@gmail.com.