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Smoke Free Terms of Use (EULA)

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Please read these Terms of Use (“Terms”) before downloading or using Smoke Free (“the App”). By installing or using the App you agree to be bound by them. If you do not agree, do not install or use the App.

1. Acceptance of Terms

These Terms are a legally binding agreement between you and Nestor.Studio (“the Developer”, “we”). They apply alongside Apple's Media Services Terms and Conditions, which govern your purchase of the App and of anything inside it.

2. License Grant

Subject to these Terms, the Developer grants you a limited, non-exclusive, non-transferable, revocable licence to download and use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules of the Apple Media Services Terms and Conditions.

3. Restrictions

You may not:

  • Copy, modify or distribute the App or any part of it without our prior written consent
  • Reverse-engineer, decompile or otherwise attempt to derive the source code of the App
  • Rent, lease, lend, sell or sublicense the App
  • Circumvent, or attempt to circumvent, the purchase of Premium features
  • Use the App for any unlawful purpose
  • Remove or alter any proprietary notices in the App

4. Not Medical Advice

The App is a self-help tool for reducing and stopping smoking. It is not a medical device, does not diagnose or treat any condition, and does not replace advice from a doctor, pharmacist or a stop-smoking service. The health timeline describes typical recovery after quitting in general terms; it is not a measurement of your body. If you have a medical condition, are pregnant, or take medication whose dose depends on smoking, talk to a healthcare professional before changing how much you smoke.

5. Age

The App concerns tobacco and is intended for adults. You must be at least 18 years old, or the age of majority where you live if that is higher, to use it.

6. Premium Purchases

6.1 What Premium is

The App is free to use. An optional purchase called Premium unlocks additional features described on the purchase screen inside the App (the per-day history detail, the descriptions behind each health milestone, and the achievements screen). Premium is sold through Apple's in-app purchase system in one of three forms:

  • Premium Monthly — an auto-renewing subscription billed each month
  • Premium Annual — an auto-renewing subscription billed each year
  • Lifetime — a one-time purchase that does not renew or expire

The exact price, currency and billing period are shown on the purchase screen before you confirm, in the currency of your App Store storefront. Prices may change; a change never applies to a period you have already paid for, and Apple will ask for your consent where the law requires it.

6.2 Billing and renewal

  • Payment is charged to your Apple Account at confirmation of purchase
  • Subscriptions renew automatically unless auto-renewal is turned off at least 24 hours before the end of the current period
  • Your Apple Account is charged for renewal within 24 hours before the end of the current period, at the price shown when you subscribed unless you have been notified of a change
  • You can manage or cancel a subscription at any time in your device Settings under your name → Subscriptions, or at apps.apple.com/account/subscriptions
  • Cancelling stops the next renewal; Premium stays active until the end of the period you have paid for
  • Deleting the App does not cancel a subscription

6.3 Free trial

Some plans may begin with a free trial, whose length is stated on the purchase screen. If you do not cancel at least 24 hours before the trial ends, the subscription starts and your Apple Account is charged. Any unused part of a free trial is forfeited when you buy a different plan. Trials are offered at our discretion and may be changed or withdrawn.

6.4 Restoring purchases

Premium is tied to the Apple Account that bought it. On a new device, or after reinstalling, use Restore Purchases on the purchase screen while signed in to the same Apple Account.

6.5 Refunds

Purchases are processed by Apple, and refunds are decided by Apple under its own policy; we have no ability to issue them ourselves. To request one, go to reportaproblem.apple.com.

7. Your Data

The smoking history, profile and progress you create in the App are yours and are stored on your device. We receive no copy of them and cannot recover them for you. The App is not a backup service: keep your device backed up with iCloud or a computer, because deleting the App, or choosing “Delete everything” in Settings, permanently removes that history.

8. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. In short: your smoking history stays on your device, and the App sends only anonymous usage statistics, crash reports and purchase status to its service providers.

9. Notifications

Reminders are delivered as local notifications by iOS. Their timing depends on your notification settings, Focus modes and device state and cannot be guaranteed. Do not rely on the App as your only prompt for anything that matters.

10. Updates and Availability

We may release updates through the App Store, and an update may be required to keep using the App or Premium. We may change, suspend or discontinue features, and we are not obliged to provide updates or support, although we try to. If Premium is discontinued entirely, active subscriptions will not renew afterwards.

11. Termination

These Terms apply until terminated. Your rights under them end automatically if you breach them; you may end them at any time by deleting the App. Termination does not entitle you to a refund of any period already paid for, except as Apple's policy provides.

12. Disclaimer of Warranty

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DEVELOPER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL HELP YOU STOP SMOKING, THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECT WILL BE CORRECTED.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DEVELOPER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP, INCLUDING ANY LOSS OF DATA OR ANY HEALTH OUTCOME, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR PREMIUM IN THE TWELVE MONTHS BEFORE THE CLAIM.

Nothing in these Terms limits liability that cannot be limited under the law that applies to you, including consumer rights that Apple's terms or your local law guarantee.

14. Apple

These Terms are between you and the Developer, not Apple. Apple has no obligation to provide maintenance or support for the App and is not responsible for addressing any claim relating to it. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

15. Governing Law

These Terms are governed by the laws of Ukraine, without prejudice to any mandatory consumer protection rules of the country where you live.

16. Changes to These Terms

We may revise these Terms; the current version is always at this address with the “Last updated” date above. Continued use of the App after a change means you accept it. Changes to what a subscription costs or includes are always shown in the App before they apply to you.

17. Contact

Questions about these Terms? support@nestor.studio.