Smokesmart Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and Iosvisual(“Iosvisual”, “we”, “us”, or “our”), the developer and operator of the Smokesmart mobile application (“App” or “Service”).

By downloading, installing, creating an account in, or otherwise accessing the App, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated here by reference. If you do not agree to these Terms, do not use the App.

These Terms apply to all versions of Smokesmart, including any updates, upgrades, or successor versions we release.

Smokesmart is a personal wellness companion designed to support users who wish to reduce or stop smoking. The App provides tools including, but not limited to:

• Smoke-free streak tracking and daily logging.
• Craving pattern recognition and trigger insights.
• Estimated health recovery timelines based on publicly available research.
• Money-saved calculators based on user-provided cigarette cost data.
• Optional integration with Apple HealthKit for health data.
• Lock Screen and Home Screen widgets.
• Milestone badges and progress analytics.

We reserve the right to modify, suspend, or discontinue any feature or the Service itself at any time, with or without notice, without liability to you.

You must be at least 13 years old (or the minimum age of digital consent in your country, whichever is higher) to create an account and use Smokesmart. By using the App you represent and warrant that you meet this age requirement.

If you are under 18 years old, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. We reserve the right to terminate accounts we reasonably believe belong to users who do not meet the age requirement.

By using the App you also represent that you are not barred from receiving services under the laws of the jurisdiction where you reside.

Certain features of Smokesmart require you to create an account. When you create an account you agree to:

• Provide accurate, current, and complete information and keep it updated.
• Keep your login credentials confidential and not share them with any third party.
• Notify us immediately at support@iosvisual.com if you suspect unauthorized access to your account.
• Accept responsibility for all activity that occurs under your account, whether or not authorized by you.

We reserve the right to suspend or terminate your account, refuse service, or remove content at our sole discretion, including if we reasonably believe you have violated these Terms.

You agree to use Smokesmart only for lawful purposes and in accordance with these Terms. You must not:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App.
• Copy, modify, adapt, translate, or create derivative works based on the App or its content without our written permission.
• Remove, alter, or obscure any proprietary notices (including copyright, trademark, or patent notices) on the App.
• Use the App in any manner that could damage, disable, overburden, or impair our servers or networks.
• Attempt to gain unauthorized access to any part of the App, other accounts, computer systems, or networks connected to the App.
• Use any automated means (bots, scrapers, crawlers) to access or interact with the App.
• Use the App to transmit any malicious code, viruses, spyware, or other harmful software.
• Violate any applicable local, national, or international law or regulation.
• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.

Nicotine addiction is a medical condition. If you are seeking to quit smoking, we strongly encourage you to consult a qualified healthcare professional before starting any cessation programme, particularly if you have any underlying health conditions, are pregnant, or are taking medication.

Health recovery timelines displayed in the App are estimates based on general publicly available research and may not reflect your individual circumstances. Money-saved figures are calculated solely from the cigarette cost data you enter and are estimates only.

Iosvisual expressly disclaims all liability for any health outcomes, medical decisions, or personal injury arising from or related to your use of the App. Reliance on any information provided by the App is solely at your own risk.

In the event of a medical emergency, call your local emergency services immediately. Do not use the App as a substitute for professional medical attention.

Smokesmart may offer optional in-app purchases or subscriptions (“Premium Features”) that unlock additional functionality. All purchases are processed through the Apple App Store and are subject to Apple’s payment terms and refund policies.

• Prices are displayed in the App Store in your local currency and may change at any time.
• Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the renewal date via your Apple ID account settings.
• Refunds are handled exclusively by Apple. Contact Apple Support to request a refund. We do not issue refunds directly.
• Free trials, if offered, convert automatically to a paid subscription at the end of the trial period unless cancelled beforehand.

We reserve the right to change, suspend, or discontinue Premium Features at any time. If we discontinue a feature you have paid for, your sole remedy is to seek a refund from Apple.

The App and all of its content, features, and functionality — including but not limited to software code, design, graphics, text, audio, video, icons, user interface elements, trademarks, trade names, and logos — are the exclusive property of Iosvisual and its licensors and are protected by copyright, trademark, patent, trade secret, and other applicable intellectual property laws.

Subject to your compliance with these Terms, Iosvisual grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and use the App on a device you own or control, solely for your own personal, non-commercial purposes.

This licence does not include the right to: sell, resell, or commercially exploit the App or its content; distribute, publicly perform, or publicly display any content from the App; modify or make derivative works of the App; or use any data mining, robots, or similar data gathering or extraction methods on the App.

No licence or right not expressly granted to you in these Terms is conveyed by implication, estoppel, or otherwise. All rights not expressly granted are reserved by Iosvisual.

You may provide certain content to the App, such as your quit date, cigarette cost, goals, and other personal wellness data (“User Content”). You retain ownership of your User Content.

By submitting User Content you grant Iosvisual a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, store, process, and display that content solely to operate and improve the Service. This licence ends when you delete the content or your account, except where retention is required by law or our data retention practices (see our Privacy Policy).

You represent and warrant that you have all rights necessary to grant the above licence, and that your User Content does not infringe the rights of any third party or violate any applicable law.

Smokesmart may request access to Apple HealthKit data (for example heart rate, steps, or respiratory data) to display relevant context alongside your quit journey. This integration is entirely optional; you may grant or revoke access at any time in your iOS device Settings → Privacy & Security → Health.

We use HealthKit data only to display information within the App to you. We do not share your HealthKit data with third parties, do not use it for advertising, and do not sell it. HealthKit data is processed on-device and is not uploaded to our servers.

Our use of HealthKit is subject to Apple’s HealthKit Framework terms, which prohibit using health data for advertising or other non-health-related purposes.

Our collection and use of personal information is described in our Smokesmart Privacy Policy. By using the App you consent to that policy. If there is any conflict between these Terms and the Privacy Policy on a privacy matter, the Privacy Policy controls.

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IOSVISUAL EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability — the App is fit for your particular purpose.
• Fitness for a particular purpose — the App will meet your specific requirements or expectations.
• Non-infringement — the App does not infringe the rights of any third party.
• Accuracy — all information, content, or data provided through the App is accurate, complete, or current.
• Uninterrupted operation — the App will be error-free, secure, or available at all times.

Iosvisual does not warrant that any defects or errors in the App will be corrected or that the App is free of viruses or other harmful components.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IOSVISUAL, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — including but not limited to loss of profits, loss of data, loss of goodwill, service interruption, personal injury, or property damage — ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF (OR INABILITY TO USE) THE APP, EVEN IF IOSVISUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN NO EVENT WILL IOSVISUAL’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE APP EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO IOSVISUAL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED EUROS (€100).

Some jurisdictions do not allow certain limitations on liability, so some of the above limitations may not apply to you.

You agree to defend, indemnify, and hold harmless Iosvisual and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms.
• Your use or misuse of the App.
• Your User Content.
• Your violation of any third-party right, including any intellectual property, privacy, or publicity right.
• Any claim that your User Content caused damage to a third party.

We reserve the right, at your expense, to assume exclusive defence and control of any matter subject to indemnification by you. You agree not to settle any such matter without our prior written consent.

These Terms remain in effect for as long as you use the App. We may terminate or suspend your access immediately, without notice or liability, for any reason, including if we believe you have violated these Terms.

You may terminate these Terms at any time by deleting your account and uninstalling the App from all your devices.

Upon termination: the licence granted to you under these Terms ends immediately; we may delete your account and associated data (subject to our Privacy Policy and applicable law); and all provisions that by their nature should survive termination will survive — including ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution.

These Terms are governed by and construed in accordance with the laws of Italy, without regard to its conflict-of-law provisions. Where EU consumer protection law applies and grants you stronger protections, those protections are not affected.

Any dispute arising from or relating to these Terms or your use of the App that cannot be resolved informally shall be subject to the exclusive jurisdiction of the courts of Turin, Italy — unless mandatory consumer-protection rules in your country require otherwise.

Before initiating any formal legal proceeding, you agree to contact us at support@iosvisual.com and give us a reasonable opportunity (not less than 30 days) to resolve the dispute informally.

If you are an EU consumer, you may also use the European Commission’s Online Dispute Resolution (ODR) platform for out-of-court dispute resolution.

We may update these Terms at any time. When we do, we will revise the “Last updated” date above. For material changes we will also notify you within the App or by email.

Your continued use of the App after the updated Terms take effect constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using the App and may delete your account.

Questions about these Terms? We’re happy to help — reach out any time.