End User License Agreement (EULA)
Effective Date: The date on which you accept this EULA and create an account on Panbit.
Welcome to Panbit LLC! By using our app and services, you agree to the terms and conditions set forth in this End User License Agreement (EULA). Please read it carefully.
1. Introduction
Panbit LLC (“Panbit,” “we,” or “us”) provides a service designed to help users build and maintain positive habits. Panbit is not a nonprofit, not a charity, and does not provide tax-deductible donation receipts. By using Panbit, you agree to the following terms.
2. Description of Services
Panbit provides habit-tracking and personal development tools via our mobile application and other related services. We also collect fees for missed goals, which we allocate to charitable organizations of our choosing based on user-selected cause preferences (e.g., children’s welfare, environmental causes). These payments are classified as fees for service and are not charitable donations from you.
3. Fee Structure and Nonprofit Disclaimer
By using Panbit, you acknowledge that any payments made through the app are fees and not direct donations. You will not receive tax-deductible receipts, as Panbit is not a registered charity or nonprofit organization. 98% of these fees will be allocated to charitable organizations chosen by Panbit, while 2% will go to Panbit LLC for administrative and operational purposes.
Panbit LLC reserves the right to deduct these fees as a tax-deductible business expense, but this does not confer any tax benefits to users. Payments are considered fees for using Panbit’s services, and you agree that Panbit retains full discretion over how collected fees are distributed to charitable organizations.
4. Avoidance of Money Transmission and Charity Regulations
Panbit is a for-profit company and is not engaged in money transmission services. While users may express preferences for causes (e.g., children, environment, health), Panbit retains sole authority over how collected fees are distributed. You do not direct where your money goes, ensuring compliance with applicable laws and avoiding money transmission regulations.
Additionally, Panbit is not a registered charity and is not subject to charity-specific regulations. You acknowledge that Panbit is operating as a business, and all payments are fees for the use of our platform, with no implication of charitable solicitation or obligation.
5. Terms of Service
Account Security: You are responsible for maintaining the security of your account and access credentials.
Lawful Use: You agree to comply with all applicable laws and regulations when using Panbit.
Prohibited Activities: You agree not to engage in activities that compromise the security, integrity, or proper functioning of Panbit services.
Financial Accountability: You are responsible for ensuring that you have sufficient funds for payments. Panbit is not responsible for any overdraft fees, penalties, or financial consequences arising from your use of the app.
6. Automatic Payments and Fee Deductions Consent
By using Panbit’s habit-tracking services, you acknowledge and consent to automatic payments for missed goals. Specifically:
Automatic Deductions: When you fail to meet a habit goal, a fee will automatically be deducted from your payment method on file, based on your selected preferences. These fees support Panbit’s services and are allocated to charitable organizations as described above.
Opt-Out Option: If you prefer not to incur these automatic fees, you may opt out of this feature in the app’s settings. By opting out, you will not be subject to additional fees for missed goals, but you will still have full access to other Panbit services.
Authorization: By continuing to use Panbit and not opting out of automatic payments, you authorize Panbit to charge your account for fees associated with missed habit goals without additional approval for each transaction.
7. Refund Policy
All payments made through Panbit are final and non-refundable, except where required by applicable consumer protection laws. We do not provide refunds for missed goals or fees allocated to charitable organizations, as these are considered service fees rather than charitable donations. If you believe you were charged in error, please contact our support team at support@panbitllc.com
8. Community Guidelines
Panbit is committed to creating a positive and supportive environment for all users. You agree to:
Respect Others: Avoid posting or sharing content that is abusive, offensive, or discriminatory.
Promote Positivity: Refrain from harassment, bullying, or other negative behavior within the Panbit community.
Report Violations: Report any violations of these guidelines to Panbit support. Panbit reserves the right to suspend or terminate accounts that violate community guidelines.
9. User-Generated Content Policy
If you choose to share content (such as progress updates or achievements), you retain ownership of that content but grant Panbit a worldwide, non-exclusive, royalty-free license to use, display, and distribute it within the app. You agree that:
Content shared does not infringe on the rights of others or contain prohibited content.
Panbit reserves the right to moderate, remove, or restrict content that violates our policies.
10. Subscription and Billing Policy
Subscription Plans: Panbit may offer subscription-based plans. By subscribing, you agree to recurring billing based on the chosen plan’s frequency (e.g., monthly, yearly).
Billing Authorization: By providing payment information, you authorize Panbit to charge your account for subscription fees.
Cancellation: You may cancel your subscription at any time, but fees already paid are non-refundable. Upon cancellation, you will retain access to Panbit until the end of the current billing cycle.
Failed Payments: If a payment fails, Panbit reserves the right to suspend or terminate access to subscription features.
11. Data Collection and Privacy
Panbit collects personal data, including but not limited to names, email addresses, and payment details, as described in our Privacy Policy. While we take industry-standard measures to protect your data, we cannot guarantee absolute security. Panbit LLC is not responsible for any unauthorized access to your personal data or data breaches that may occur. By using our service, you agree to use it at your own risk regarding data security.
12. Limitation of Liability
Panbit LLC provides its services "as is" and makes no guarantees regarding the effectiveness of habit formation or the security of user data.
No Guarantees on Habits: Panbit cannot guarantee that users will successfully build or maintain habits using our app. Any personal outcomes are the user’s responsibility.
Data Security: Panbit is not liable for any breaches or unauthorized access to user data.
Financial Liability: Panbit is not responsible for any bank fees, overdraft charges, or other financial consequences of payments made through the app.
Social Media and Accountability Sharing: Users are responsible for the content they share via social media or with accountability partners. Panbit has no control over, nor liability for, what happens with that shared information.
13. Disclaimer of Warranties
Panbit provides services on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee uninterrupted service or error-free functionality.
14. Indemnification
You agree to indemnify and hold Panbit LLC harmless from any claims, damages, liabilities, costs, or expenses arising from your use of the services, your violation of this EULA, or any third-party claims relating to your usage of Panbit.
15. Termination
Panbit reserves the right to suspend or terminate your account at any time for any violation of this agreement or any misuse of the app. Upon termination, you remain responsible for any outstanding fees.
16. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the United States for users residing within the United States, without regard to its conflict of law principles. For users residing outside the United States, this Agreement shall be governed by the laws of the user's country of residence.
International Dispute Resolution:
For users outside the United States, any disputes arising out of or in connection with this Agreement shall first be attempted to be resolved amicably through negotiation. If such disputes cannot be resolved through negotiation, they shall be submitted to arbitration in accordance with the rules of the International Chamber of Commerce (ICC), with arbitration taking place in a mutually agreed-upon location. The language of arbitration shall be English. This section does not limit any rights you may have under your country’s consumer protection laws that may apply to you, based on your place of residence.
17. Changes to this Agreement
Panbit reserves the right to modify this EULA at any time. Continued use of our services following any changes indicates your acceptance of the revised terms.
18. Contact Us
If you have any questions about this User Agreement, please contact us at support@panbitllc.com
By clicking "I Agree" or by using our services, you acknowledge that you have read, understood, and agree to be bound by this User Agreement.