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Terms of Use

Last Updated: January 5, 2026

1. Acceptance of Terms

Welcome to SmokeShift ("we," "our," or "us"). These Terms of Use ("Terms") govern your use of the SmokeShift mobile application and related services (the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use our Service. We may modify these Terms at any time. Material changes will be communicated through the app or email at least 30 days before taking effect. Your continued use after modifications constitutes acceptance.

Service Provider: Andreas Zender - Online Medien, Edigheimer Straße 111, 67069 Ludwigshafen am Rhein, Germany

2. Description of Service

SmokeShift is a mobile application designed to help users quit smoking through:

  • Personalized AI coaching and support
  • Progress tracking and analytics
  • Community features and peer support
  • Goal setting and achievement tracking
  • Craving management tools and techniques
  • Daily reminders and motivational content
  • Journal entries for self-reflection

Important Medical Disclaimer: Our Service is intended to supplement, not replace, professional medical advice, diagnosis, or treatment. Always consult with a healthcare provider before making health decisions. If you experience severe withdrawal symptoms or health concerns, seek immediate medical attention.

3. Eligibility

You must be at least 13 years old (or 16 in the European Union) to use our Service. If you are under 18, you represent that you have parental or guardian consent. By using our Service, you represent and warrant that:

  • You meet the age requirements specified above
  • You have the legal capacity to enter into these Terms
  • Your use of the Service will not violate any applicable law
  • All information you provide is accurate and truthful

4. Account Registration

To access certain features, you may need to create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your account information
  • Keep your login credentials secure and confidential
  • Be responsible for all activities under your account
  • Notify us immediately of unauthorized use

You may not create accounts using automated means or false information. Account creation and authentication is handled through Supabase, our authentication provider.

5. Subscriptions and Payments

5.1 Free and Pro Tiers

SmokeShift offers a free tier with limited features and a Pro subscription with premium features.

5.2 Payment Terms

  • Subscriptions are billed through Google Play or Apple App Store
  • Payments are processed by RevenueCat and the respective app stores
  • Prices are displayed in your local currency and include applicable taxes
  • Subscriptions automatically renew unless cancelled before the renewal date

5.3 Price Changes

We reserve the right to modify subscription prices at any time. Price changes will be communicated at least 30 days in advance and will apply to new subscriptions or renewals after the effective date. Your current subscription will continue at the existing price until its next renewal, at which point the new pricing will apply. If you do not agree with the new pricing, you may cancel your subscription before the renewal date.

5.4 Cancellation and Refunds

  • You can cancel anytime through your app store''s subscription settings
  • Access continues until the end of your current billing period
  • Refunds are handled by Google Play or Apple App Store according to their policies
  • EU consumers have a 14-day right of withdrawal for subscriptions, unless you have already started using the service and agreed to waive this right

6. AI Credits and Usage

Our AI coaching feature uses credits that can be earned or purchased:

  • Free Credits: Users receive a limited number of free AI credits that reset periodically
  • Purchased Credits: Additional credits can be purchased through in-app purchases
  • Ad Rewards: Free users can earn credits by watching rewarded advertisements
  • Pro Subscription: Pro subscribers receive unlimited AI coaching access

Credits are non-transferable and have no cash value. Unused purchased credits do not expire. We reserve the right to modify credit allocations and pricing with reasonable notice.

7. Acceptable Use

You agree not to:

  • Violate any applicable laws or regulations
  • Use the Service for illegal, harmful, or fraudulent purposes
  • Harass, abuse, threaten, or harm other users
  • Upload offensive, inappropriate, or harmful content
  • Share content promoting tobacco, vaping, or substance abuse
  • Impersonate others or misrepresent your identity
  • Interfere with or disrupt the Service or servers
  • Attempt to gain unauthorized access to any part of the Service
  • Use automated systems or bots to access the Service
  • Reverse engineer, decompile, or modify the app
  • Use the Service to send spam or unsolicited messages
  • Attempt to manipulate or abuse the AI coaching system
  • Circumvent credit systems or subscription verification

We reserve the right to suspend or terminate accounts that violate these rules without prior notice and without refund.

8. Community Guidelines

Our community features are designed to provide support. When participating:

  • Be respectful and supportive of others
  • Share constructive, helpful content
  • Do not share personal contact information publicly
  • Report inappropriate content or behavior
  • Accept that moderators may remove content or restrict access

Community participation requires accepting our Community Terms within the app. We may remove any content that violates these guidelines without notice.

9. Intellectual Property

The Service and its content, features, and functionality are owned by SmokeShift and protected by intellectual property laws. You may not:

  • Copy, modify, or distribute our content without permission
  • Use our trademarks or branding without authorization
  • Remove copyright or proprietary notices
  • Create derivative works based on our Service

Your Content: You retain ownership of content you create. By posting content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute it within the Service and for promotional purposes. This license continues even if you stop using the Service, but you can delete your content at any time.

10. AI Coaching Disclaimer

Our AI coaching feature is powered by Google Gemini and is designed to provide motivational support and general information:

  • AI responses are generated automatically and may not always be accurate or appropriate
  • AI coaching is not a substitute for professional medical, psychological, or therapeutic advice
  • We do not guarantee specific outcomes from AI coaching interactions
  • AI conversations may be processed by third-party services (Google) as described in our Privacy Policy
  • We reserve the right to modify, limit, or discontinue AI features at any time

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW:

  • We do not guarantee specific results from using the Service
  • The Service is not a medical device or medical treatment
  • AI coaching is for informational and motivational purposes only
  • We are not liable for user-generated content
  • We do not guarantee uninterrupted or error-free operation
  • We are not responsible for third-party services or their availability

Nothing in these Terms excludes liability that cannot be excluded under applicable law, including German consumer protection laws.

12. Limitation of Liability

To the maximum extent permitted by law, SmokeShift shall not be liable for:

  • Indirect, incidental, or consequential damages
  • Loss of data, profits, or business opportunities
  • Damages exceeding the amount you paid us in the past 12 months
  • Any damages arising from third-party services or APIs
  • Service interruptions or data loss

This limitation does not apply to liability for intent, gross negligence, or mandatory statutory liability under German law.

13. Indemnification

You agree to indemnify and hold harmless SmokeShift, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your violation of these Terms
  • Your misuse of the Service
  • Your violation of any third-party rights
  • Content you submit to the Service

This provision does not apply where prohibited by applicable law.

14. Service Modifications

We reserve the right to:

  • Modify, update, or discontinue any feature of the Service at any time
  • Change pricing, credit allocations, and subscription terms with reasonable notice
  • Update third-party integrations and service providers
  • Limit access to certain features based on subscription level

We will provide reasonable notice for material changes that significantly affect your use of paid features.

15. Termination

We may suspend or terminate your access for violating these Terms or for any other reason with or without notice. You may delete your account at any time through the app settings. Upon termination:

  • Your right to use the Service ends immediately
  • We will delete your data according to our Privacy Policy
  • Purchased credits and unused subscription time are forfeited unless required otherwise by law
  • Provisions that should survive will continue (e.g., liability limitations, indemnification)

16. Governing Law and Disputes

These Terms are governed by the laws of Germany. For EU consumers, mandatory consumer protection laws of your country of residence also apply.

Dispute Resolution:

  • EU consumers may use the EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/
  • We are not obligated to participate in consumer arbitration proceedings, but we will engage in good faith to resolve disputes
  • For other disputes, courts in Ludwigshafen am Rhein, Germany have exclusive jurisdiction

17. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated at least 30 days before taking effect through the app, email, or our website. Your continued use after changes constitutes acceptance. If you disagree with changes, you may terminate your account before the new terms take effect.

18. Miscellaneous

  • Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and SmokeShift regarding the Service
  • Severability: If any provision is unenforceable, other provisions remain in effect and the unenforceable provision shall be modified to the minimum extent necessary
  • No Waiver: Our failure to enforce a provision does not waive our right to do so in the future
  • Assignment: We may assign our rights and obligations; you may not assign yours without our written consent
  • Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control

19. Contact

For questions about these Terms:

  • Email: smokeshift2025@gmail.com
  • Address: Andreas Zender - Online Medien, Edigheimer Straße 111, 67069 Ludwigshafen am Rhein, Germany