Quit Smoking — Terms of Use

Article 1 (Definitions)

In these Terms, the following terms shall have the meanings set forth below:

• (a) "User" means any person who installs or uses the Application;
• (b) "User Content" means the quit date, cravings, relapses, notes, goals and other records entered by the User into the Application; and
• (c) "Store" means the application distribution service through which the User obtained the Application.

Article 2 (No Medical Advice)

The Application is a tracker and a set of coping tools. The Application is not a medical device or a treatment, and does not constitute a substitute for professional care. No information displayed by the Application, including any health-recovery milestone, savings figure or suggestion for coping with cravings, constitutes a diagnosis, a prescription or any assurance concerning the body of the User.

The health-recovery information contained in the Application is a simplified and generic timeline derived from published public-health materials. Such information describes a typical case and not the individual circumstances of the User, and does not take into account the medical history or medication of the User or any other factor that a clinician would consider.

The User should consult a physician, a pharmacist or a smoking cessation service with respect to quitting smoking, in particular where the User is pregnant, is receiving treatment for any medical condition, or is using nicotine replacement therapy or any other smoking cessation medicine. Where the User feels unwell, the User should seek medical assistance rather than consult the Application.

Article 3 (Grant of Licence)

The Developer grants to the User a personal, non-exclusive, non-transferable and revocable licence to install and use the Application on devices owned or controlled by the User, for the User's own purposes. The Application is licensed, not sold, and the Developer reserves all rights in the Application that are not expressly granted to the User under these Terms.

iOSIn the case of the iOS version, the licence granted under this Article is further subject to the Apple Media Services Terms and Conditions, including the Licensed Application End User License Agreement, and to the usage rules set forth therein.

AndroidIn the case of the Android version, the licence granted under this Article is further subject to the Google Play Terms of Service, which govern the Store through which the Application is distributed.

Article 4 (User Content)

All rights in User Content belong to the User. The Developer claims no rights in User Content and, as set forth in the Privacy Policy, does not hold User Content.

iOSIn the iOS version, as the Developer does not hold User Content, the Developer is unable to restore it. The iCloud synchronisation of the Application is provided so that the loss of a device need not entail the loss of the User's records; such synchronisation is performed by the User's iCloud account, and functions only to the extent that such account functions.

AndroidIn the Android version, as the Developer does not hold User Content, the Developer is unable to restore it. The Android system backup may restore User Content on a new device; any such restoration is performed by the User's Google account and not by the Developer.

Article 5 (Prohibited Acts)

The User shall not engage in any of the following acts:

• (a) copying, redistributing, reselling or renting the Application, or presenting the Application as the User's own;
• (b) decompiling or reverse engineering the Application, except to the extent that applicable law expressly permits such acts notwithstanding a contractual provision to the contrary;
• (c) using the Application in violation of any law, or in a manner that interferes with the services to which the Application connects; or
• (d) obtaining, or attempting to obtain, any paid feature of the Application without payment therefor.

Article 6 (Quit Smoking Pro) iOS

Quit Smoking Pro is a one-time in-app purchase and not a subscription. It is purchased once, remains associated with the Apple Account through which it was purchased, and entails no recurring charge.

The core functions of the Application are free of charge on a permanent basis, namely the quit profile, the home screen, the entirety of the "I want to smoke" rescue flow, all records created by the User and the basic progress figures. Quit Smoking Pro unlocks the more detailed analysis and the additional surfaces associated therewith. Records already created by the User remain the User's, and remain visible and exportable, irrespective of whether the User purchases Quit Smoking Pro.

The price of Quit Smoking Pro is the price displayed in the App Store for the region of the User at the time of purchase, and may be changed for future purchasers. The purchase is sold and processed by Apple; the Developer accepts no payments and does not receive the payment details of the User. The User may restore the purchase on the User's other devices through the App Store.

Refunds are handled by Apple in accordance with its own policy and not by the Developer, and any request for a refund shall be submitted to Apple through reportaproblem.apple.com. The User may nonetheless contact the Developer where the purchase did not function as intended.

Article 6 (No Purchases in the Android Version) Android

The Android version of the Application is provided free of charge and contains no in-app purchase and no subscription. Nothing is offered for sale, and the Application contains no billing code.

Article 7 (Modification and Discontinuation of the Application)

The Application is under continuous development, and the Developer may add, modify or withdraw any feature thereof; a future version may require a more recent version of the operating system. The Developer may discontinue the distribution of the Application in its entirety. A copy of the Application already installed shall remain usable for so long as the device of the User and the Store permit; provided, however, that the Developer gives no assurance that any particular feature will remain available indefinitely.

Article 8 (Disclaimer of Warranties)

The Application is provided "as is" and "as available". To the extent permitted by applicable law, the Developer makes no warranty with respect to the Application, including without limitation any warranty that the Application will operate without interruption or error or that it is fit for a particular purpose, and the Developer does not warrant that any reminder will be delivered, that any statistic is accurate, or that the use of the Application will assist the User in ceasing to smoke. Where the laws of the country of the User do not permit such exclusions, this Article shall apply only to the extent so permitted.

Article 9 (Limitation of Liability)

To the extent permitted by applicable law, the Developer shall not be liable for any indirect or consequential loss, loss of profit or loss of data arising from the use of the Application by the User, or for any decision concerning the health of the User made in reliance upon any information displayed by the Application. The aggregate liability of the Developer for any claim in connection with the Application shall be limited to the amount paid by the User to the Developer for the Application during the twelve (12) months preceding such claim, which, in the case of the version provided free of charge, is nil.

Notwithstanding the foregoing, nothing in these Terms shall limit any liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence and liability for fraud.

Article 10 (Apple) iOS

These Terms are concluded solely between the User and the Developer, and not with Apple. Apple is not responsible for the Application or the content thereof.

• (a) Apple has no obligation to provide any maintenance or support services with respect to the Application; such support is provided by the Developer at the address set forth in these Terms.
• (b) In the event of any failure of the Application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price of the Application to the User. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Application.
• (c) Apple is not responsible for addressing any claim by the User or any third party relating to the Application, including (i) product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
• (d) In the event of any third-party claim that the Application infringes the intellectual property rights of that third party, the Developer, and not Apple, shall be responsible for the investigation, defence, settlement and discharge of such claim.
• (e) The User represents that the User is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that the User is not listed on any U.S. Government list of prohibited or restricted parties.
• (f) Apple and its subsidiaries are third-party beneficiaries of these Terms and shall have the right to enforce these Terms against the User.

Article 10 (Google Play) Android

Google is not a party to these Terms, which are concluded solely between the User and the Developer, and Google is not responsible for the Application. The use of Google Play by the User is governed by the Google Play Terms of Service, and any matter concerning the Store itself shall be a matter for Google.

Article 11 (Termination)

The User may terminate the agreement constituted by these Terms at any time by deleting the Application. The Developer may terminate such agreement in the event of a material breach of these Terms by the User. Those provisions which by their nature are intended to survive termination, including the disclaimer of warranties, the limitation of liability and the Article entitled "No Medical Advice", shall survive any such termination.

Article 12 (Governing Law and Jurisdiction)

These Terms shall be governed by and construed in accordance with the laws of Japan, and the Tokyo District Court shall be the court of first instance for any dispute arising out of or in connection with these Terms. Notwithstanding the foregoing, where the User uses the Application as a consumer, nothing in this Article shall deprive the User of the protection afforded by the mandatory consumer protection laws of the country in which the User resides, or of any right of the User to bring proceedings in such forum as those laws may permit.

Article 13 (Amendment of these Terms)

In the event that the Developer amends these Terms, the Developer shall revise the date of last update indicated at the top of this page, and shall give notice of any material amendment within the Application or on this website before such amendment takes effect. The continued use of the Application by the User thereafter shall constitute acceptance of the amended Terms; a User who does not accept the amended Terms shall delete the Application.

Article 14 (Contact)

Inquiries concerning these Terms shall be directed to Shosin Labs at support@shosin-labs.com.