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1. Introduction and Acceptance of Terms

Welcome to e-plan, a digital planning and mastery tool developed by HabTech AS ("Company," "we," "us," or "our"), a company registered in Norway. e-plan is designed to support individuals with habilitation needs, including but not limited to individuals with Intellectual disabilities, developmental disabilities, and cognitive support requirements.

By downloading, installing, accessing, or using the e-plan application ("App"), you agree to be bound by these Terms of Service and End User License Agreement (collectively, "Agreement"). If you do not agree to all terms and conditions of this Agreement, you must not download, install, or use the App.

If you are accepting this Agreement on behalf of another person (such as a minor, a person under guardianship, or an individual you support), you represent and warrant that you have the legal authority to bind that person to this Agreement, and you accept this Agreement on their behalf.

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2. License Grant

Subject to your compliance with this Agreement, HabTech AS grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on devices that you own or control, solely for your personal, non-commercial use or for the benefit of an individual you are legally authorized to support.

This license does not allow you to: (a) modify, adapt, translate, reverse engineer, decompile, or disassemble the App; (b) rent, lease, loan, sell, redistribute, or sublicense the App; (c) copy, reproduce, or distribute the App; (d) remove or alter any proprietary notices, labels, or marks on the App; or (e) use the App for any unlawful purpose or in violation of any applicable laws.

3. User Accounts and Registration

To access certain features of the App, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

If you create an account or use the App on behalf of another individual, you are responsible for ensuring that your use complies with all applicable laws and regulations, including those relating to guardianship, consent, and data protection.

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4. User Responsibilities and Sensitive Personal Data

IMPORTANT NOTICE REGARDING PERSONAL AND SENSITIVE DATA:

By using e-plan, you acknowledge and agree that:

1. You should NOT enter sensitive personal data into the App. Sensitive personal data includes, but is not limited to: health information, medical diagnoses, medical records, social security numbers or national identification numbers, financial information (bank accounts, credit card numbers), passwords to other services, and any other information that could be considered special category data under applicable data protection laws.

2. You are solely responsible for the content you enter into the App. HabTech AS does not review, monitor, or control the content you create within the App.

3. You assume all risk associated with any personal or sensitive information you choose to enter into the App, despite this warning.

4. The App is designed as a planning and scheduling tool and is not intended to store or process sensitive health data or medical information.

5. If you choose to enter any personal information despite these warnings, you do so at your own risk and acknowledge that HabTech AS shall not be held liable for any consequences arising from such use.
    

5. Data Processing and Storage Location

IMPORTANT: Our servers are located in the United States of America.

By using the App, you acknowledge and consent to the transfer, storage, and processing of your data in the United States. Data protection laws in the United States may differ from those in your country of residence. By using the App, you consent to such transfer, storage, and processing.

We implement appropriate technical and organizational measures to protect your data. However, no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to protect your data, we cannot guarantee its absolute security.

For users located in the European Economic Area (EEA), Switzerland, or the United Kingdom: The transfer of data to the United States constitutes a transfer to a third country. By accepting this Agreement and using the App, you explicitly consent to this transfer.
 

6. Privacy

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference. By using the App, you consent to the collection and use of your information as described in our Privacy Policy.

Please review our Privacy Policy carefully to understand our practices regarding your personal data.
 

7. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HABTECH AS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

HabTech AS does not warrant that: (a) the App will meet your specific requirements; (b) the App will be uninterrupted, timely, secure, or error-free; (c) the results obtained from use of the App will be accurate or reliable; (d) any errors in the App will be corrected.

The App is a planning and scheduling tool and is NOT a medical device, therapeutic intervention, or substitute for professional care. The App should not be relied upon for medical, therapeutic, or clinical decisions. Always consult qualified healthcare professionals for medical advice and treatment.
 

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HABTECH AS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

(a) Your access to or use of or inability to access or use the App;

(b) Any conduct or content of any third party on the App;

(c) Any content obtained from the App;

(d) Unauthorized access, use, or alteration of your transmissions or content;

(e) Any personal or sensitive data you enter into the App;

(f) Any reliance placed on the App for medical, therapeutic, or clinical purposes.

IN NO EVENT SHALL HABTECH AS'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APP DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you may have additional rights.
 

9. Indemnification

You agree to defend, indemnify, and hold harmless HabTech AS and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of this Agreement; (b) your use of the App; (c) any content you enter into the App; (d) your violation of any rights of a third party; or (e) your violation of any applicable laws, rules, or regulations.
 

10. Intellectual Property Rights

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by HabTech AS, its licensors, or other providers of such material and are protected by Norwegian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

"e-plan" and the e-plan logo are trademarks of HabTech AS. You may not use these marks without the prior written permission of HabTech AS.
 

11. Third-Party Services and Links

The App may contain links to third-party websites or services that are not owned or controlled by HabTech AS. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that HabTech AS shall not be responsible or liable for any damage or loss caused by your use of any such third-party content, goods, or services.
 

12. Subscriptions and Auto-Renewal

IMPORTANT INFORMATION ABOUT SUBSCRIPTIONS:

 

12.1 Subscription Options

e-plan may offer subscription-based access to certain features and functionality. Subscription options, pricing, and duration will be displayed in the App and on the applicable app store before purchase.

 

12.2 Auto-Renewal Terms

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNLESS AUTO-RENEWAL IS TURNED OFF AT LEAST 24 HOURS BEFORE THE END OF THE CURRENT SUBSCRIPTION PERIOD.

By purchasing a subscription, you agree that:

(a) Your subscription will automatically renew at the end of each subscription period (weekly, monthly, annually, or other period as specified at purchase) unless you cancel;

(b) Your account will be charged for renewal within 24 hours prior to the end of the current subscription period;

(c) The renewal charge will be at the same price as the original subscription unless we notify you of a price change;

(d) You must turn off auto-renewal at least 24 hours before the end of the current period to avoid being charged for the next period.

 

12.3 Payment and Billing

Payment will be charged to your Apple ID account or Google Play account (as applicable) at confirmation of purchase. All payments are processed through the respective app store's payment system. HabTech AS does not collect or store your payment card information.

 

12.4 How to Cancel Your Subscription

You may cancel your subscription at any time. To cancel auto-renewal and prevent future charges:

For Apple App Store (iOS):

1. Open the Settings app on your device;

2. Tap your name, then tap "Subscriptions";

3. Tap the e-plan subscription;

4. Tap "Cancel Subscription" and confirm.

For Google Play Store (Android):

1. Open the Google Play app on your device;

2. Tap your profile icon, then tap "Payments & subscriptions";

3. Tap "Subscriptions", then tap the e-plan subscription;

4. Tap "Cancel subscription" and follow the instructions.

Cancellation will take effect at the end of the current billing period. You will retain access to subscription features until the end of the period you have already paid for.

 

12.5 Free Trials

If e-plan offers a free trial period, you will not be charged during the free trial. However, if you do not cancel before the free trial ends, your subscription will automatically convert to a paid subscription and your account will be charged. Any unused portion of a free trial period will be forfeited when you purchase a subscription.

 

12.6 Price Changes

HabTech AS reserves the right to change subscription prices. If we change the price of a subscription, we will notify you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change. By continuing to use the App after the price change takes effect, you accept the new price. If you do not agree to a price change, you may cancel your subscription before the price change takes effect.

 

12.7 Refunds

Subscription fees are generally non-refundable, except where required by applicable law. Refund requests must be directed to Apple or Google (as applicable) in accordance with their refund policies. HabTech AS does not have the ability to process refunds for app store purchases.

 

12.8 Subscription Management

You can manage your subscription and view your subscription status at any time through your device's app store account settings. Deleting the App from your device does not cancel your subscription. You must cancel your subscription through your app store account settings to stop future charges.

 

13. App Store Additional Terms

If you downloaded the App from Apple's App Store or Google Play Store, you acknowledge and agree that:

(a) This Agreement is between you and HabTech AS only, and not with Apple Inc., Google LLC, or any app store operator;

(b) The app store operator has no obligation to provide maintenance or support services for the App;

(c) In the event of any failure of the App to conform to any applicable warranty, you may notify the app store operator, and they may refund the purchase price (if any) for the App; to the maximum extent permitted by applicable law, the app store operator has no other warranty obligation with respect to the App;

(d) The app store operator is not responsible for addressing any claims relating to the App or your possession and use of the App;

(e) In the event of any third-party claim that the App infringes a third party's intellectual property rights, HabTech AS, not the app store operator, is responsible for the investigation, defense, settlement, and discharge of such claim;

(f) The app store operator and its subsidiaries are third-party beneficiaries of this Agreement and may enforce its terms against you.
 

14. Termination

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including without limitation if you breach this Agreement. Upon termination, your right to use the App will cease immediately.

You may terminate this Agreement at any time by deleting the App from your device and discontinuing its use. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Changes to This Agreement

We reserve the right to modify or replace this Agreement at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the App after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the App.
 

16. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of Norway, without regard to its conflict of law provisions.

Any disputes arising out of or relating to this Agreement or the App shall be resolved through good faith negotiations. If such negotiations fail, disputes shall be submitted to the exclusive jurisdiction of the courts of Oslo, Norway.

For consumers residing in the European Union, this choice of jurisdiction does not affect your rights under mandatory consumer protection laws in your country of residence.
 

17. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties.

18. Entire Agreement

This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and HabTech AS regarding your use of the App and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.

 

19. Contact Information

If you have any questions about this Agreement, please contact us at:

HabTech AS

Anna Rodgstadsvei 18 

0592 OSLO

Norway

 

e-mail: contact@habtech.no

Phone: +47 93230652

Website: www.habtech.no

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20. Acknowledgment

BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT:

• You should NOT enter sensitive personal data into the App;

• You are solely responsible for all content you enter into the App;

• Your data will be stored and processed in the United States;

• The App is not a medical device or substitute for professional care.

Document Version: 1.0

Last Updated: 12/03/2025