Last Updated: June 2, 2025
Welcome to Smovapp, a mobile application designed to assist users in tracking their efforts to quit smoking and vaping. By accessing or using Smovapp (the “App”), you agree to be bound by these Terms of Service (“Terms”). These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and Smovapp (“we,” “us,” or “our”). If you do not agree with these Terms, you must not use the App. Please read this document carefully, as it affects your legal rights and obligations.
1. Acceptance of Terms
By downloading, installing, or using the App, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into this agreement. If you are using the App on behalf of an organization or entity, you represent that you have the authority to bind such entity to these Terms. We reserve the right to modify these Terms at any time. Changes will be effective upon posting in the App under Settings > Support & Legal > Terms of Service or on our website at smovapp.com/terms-of-service. Your continued use of the App after changes constitutes acceptance of the updated Terms. It is your responsibility to review these Terms periodically.
2. Nature of the App
Smovapp is a personal tracking and motivational tool intended to assist users in monitoring their smoking and vaping habits and supporting their efforts to quit. The App provides features such as puff and cigarette tracking, progress statistics, motivational notifications, breathing exercises, distraction games (e.g., Craving Crusher), habit-swapping challenges, and access to community forums on Reddit and Telegram. Smovapp is provided for informational and entertainment purposes only and is not a substitute for professional advice or services.
3. No Medical Advice or Treatment
SMOVAPP IS NOT A MEDICAL APPLICATION, MEDICAL DEVICE, OR HEALTHCARE SERVICE. THE APP DOES NOT DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE, CONDITION, OR ADDICTION, INCLUDING NICOTINE DEPENDENCY. NO CONTENT IN THE APP, INCLUDING TRACKING FEATURES, MOTIVATIONAL MESSAGES, OR COMMUNITY FORUMS, CONSTITUTES OR REPLACES PROFESSIONAL MEDICAL, PSYCHOLOGICAL, OR ADDICTION TREATMENT ADVICE. ALWAYS CONSULT A LICENSED HEALTHCARE PROVIDER, PHYSICIAN, OR ADDICTION SPECIALIST FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT BEFORE USING SMOVAPP OR MAKING HEALTH-RELATED DECISIONS.
YOU ACKNOWLEDGE THAT SMOVAPP IS NOT INTENDED TO BE USED IN MEDICAL EMERGENCIES OR FOR CRITICAL HEALTH SITUATIONS. IF YOU EXPERIENCE SEVERE CRAVINGS, WITHDRAWAL SYMPTOMS, OR ANY HEALTH ISSUES, SEEK IMMEDIATE MEDICAL ASSISTANCE FROM A QUALIFIED PROFESSIONAL. DO NOT RELY ON SMOVAPP AS A SUBSTITUTE FOR EMERGENCY MEDICAL CARE.
4. No Guarantees or Warranties
SMOVAPP MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT YOU WILL SUCCESSFULLY QUIT SMOKING, VAPING, OR ACHIEVE ANY SPECIFIC HEALTH OUTCOME. Results vary by individual, and your success depends on numerous factors beyond our control, including your personal commitment, health status, and external circumstances. The App’s features, such as tracking, milestones, or motivational tools, are provided “AS IS” without any assurance of effectiveness or accuracy.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMOVAPP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE APP IS ENTIRELY AT YOUR OWN RISK.
5. User Responsibility and Risks
You are solely responsible for your use of Smovapp and any consequences arising from your actions or decisions based on the App’s content or features. You agree to:
– Use the App only for lawful purposes and in accordance with these Terms.
– Provide accurate information when creating an account or using tracking features.
– Seek professional medical advice before relying on any information in the App.
– Not disregard, delay, or substitute professional medical care based on App content.
YOU ASSUME ALL RISKS ASSOCIATED WITH USING SMOVAPP, INCLUDING BUT NOT LIMITED TO RISKS OF PHYSICAL OR PSYCHOLOGICAL HARM, RELAPSE, INJURY, OR FAILURE TO ACHIEVE YOUR QUITTING GOALS. IF YOU EXPERIENCE ADVERSE EFFECTS, SUCH AS INCREASED CRAVINGS, STRESS, OR HEALTH ISSUES, YOU MUST STOP USING THE APP IMMEDIATELY AND CONSULT A HEALTHCARE PROVIDER.
6. User Accounts and Security
To access certain features, you may create an account using email, Apple Sign-In, or Google Sign-In. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You agree to notify us immediately of any unauthorized access or security breaches at support@smovapp.com. We reserve the right to suspend or terminate your account if we suspect misuse or violation of these Terms.
7. Community Content and Conduct
Smovapp provides access to community forums on third-party platforms like Reddit (reddit.com/user/smovapp) and Telegram (t.me/smovapp). We do not monitor, endorse, or verify the accuracy of content posted by users in these forums. You acknowledge that community content is not medical advice and may not be accurate or suitable for your needs.
You agree not to post or share content that is unlawful, defamatory, harassing, abusive, obscene, or otherwise objectionable. We are not responsible for the actions, advice, or opinions of other users in these forums. We reserve the right to remove or report inappropriate content, though we are not obligated to do so.
8. Intellectual Property
All content, features, and designs in Smovapp, including but not limited to text, graphics, logos, icons, software, and the App’s “look and feel,” are the exclusive property of Smovapp or its licensors and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes, subject to these Terms.
You may not copy, modify, distribute, reverse-engineer, decompile, or create derivative works of the App or its content without our prior written consent. Unauthorized use may result in termination of your access and legal action.
9. Subscription and Payments
Smovapp offers a Pro Membership subscription via Apple Pay, providing access to premium features. By subscribing, you agree to pay the fees displayed at the time of purchase, which may be charged monthly or as specified. Payments are processed through Apple’s In-App Purchase system, and you are subject to Apple’s terms and conditions.
We are not responsible for payment disputes, refunds, or subscription issues, which must be resolved through Apple’s support channels. You may cancel your subscription at any time through your Apple account, but no refunds will be provided for partial billing periods. We reserve the right to modify subscription fees with notice, and continued use after changes constitutes acceptance of the new fees.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMOVAPP, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, HEALTH, OR GOODWILL, ARISING FROM OR RELATING TO YOUR USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM:
– FAILURE TO QUIT SMOKING OR VAPING
– PHYSICAL OR PSYCHOLOGICAL HARM
– INACCURATE TRACKING OR STATISTICS
– RELIANCE ON APP CONTENT OR COMMUNITY FORUMS
– APP ERRORS, DOWNTIME, OR DATA LOSS
– UNAUTHORIZED ACCESS TO YOUR DATA
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE APP OR SUBSCRIPTION, IF ANY, IN THE 12 MONTHS PRIOR TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnification
You agree to indemnify, defend, and hold harmless Smovapp, its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising from or relating to:
– Your use or misuse of the App
– Your violation of these Terms
– Your infringement of any third-party rights, including intellectual property or privacy rights
– Your actions or content in community forums
– Any health-related decisions or outcomes based on App use
We reserve the right to assume control of the defense of any claim for which we are entitled to indemnification, and you agree to cooperate fully with our defense.
12. Dispute Resolution and Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the App shall be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if eligible. Arbitration will be conducted by a single neutral arbitrator under the rules of the American Arbitration Association (AAA) in San Francisco, California, USA. You waive any right to participate in a class action lawsuit or class-wide arbitration.
The arbitrator’s decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction. Each party shall bear its own costs and attorneys’ fees, except as provided by AAA rules or applicable law. If any part of this arbitration clause is unenforceable, the remainder shall remain in effect.
13. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles. For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in San Francisco, California. You waive any objections to venue or personal jurisdiction in such courts.
14. Termination
We may suspend or terminate your access to Smovapp at our sole discretion, with or without notice, for any reason, including but not limited to violation of these Terms, suspected misuse, or legal requirements. Upon termination, your right to use the App ceases immediately, and we may delete your account and data, subject to our Privacy Policy. You may terminate your use by uninstalling the App or deleting your account via Settings > Profile & Account > Delete Account.
15. Third-Party Services
Smovapp integrates with third-party services, such as Firebase for data storage, Apple Pay for subscriptions, and Reddit/Telegram for community forums. These services are governed by their own terms and privacy policies, which you agree to comply with. We are not responsible for the availability, accuracy, or practices of third-party services.
16. User Content
Any data you input into Smovapp, such as puff counts, quit reasons, or profile images, remains your property. By providing such content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, store, and process it solely to provide and improve the App’s services. You represent that you have the right to provide such content and that it does not violate any laws or third-party rights.
17. Force Majeure
We shall not be liable for any failure to perform our obligations under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, wars, pandemics, strikes, or technical failures.
18. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Smovapp regarding your use of the App, superseding any prior agreements or communications. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19. No Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us to be effective.
20. Contact Us
If you have questions, concerns, or disputes regarding these Terms, please contact us:
Email: support@smovapp.com
App: Settings > Support & Legal > Contact Support
Mailing Address: Smovapp, [Insert Address], San Francisco, CA, USA
We encourage you to reach out to resolve issues informally before pursuing legal action.
21. Additional Disclaimers
– Health Risks: Quitting smoking or vaping may involve health risks, including withdrawal symptoms or psychological distress. Smovapp is not responsible for any adverse health outcomes.
– Data Accuracy: Tracking features rely on user input and may not be accurate. We are not liable for errors in statistics or calculations (e.g., money saved, puffs avoided).
– Community Interactions: Interactions in Reddit or Telegram forums are at your own risk. We are not liable for harm caused by other users’ actions or advice.
– Device Compatibility: The App may not function on all devices or operating systems. We are not responsible for compatibility issues or data loss due to device limitations.
– Updates and Availability: We may update, modify, or discontinue the App at any time without notice. We are not liable for any resulting loss or inconvenience.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH SMOVAPP IS TO STOP USING THE APP AND UNINSTALL IT. BY USING SMOVAPP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND ALL ASSOCIATED RISKS.