1. Acceptance of the Terms
By downloading, installing, accessing, or using the Beyond Smoke: Day 0 mobile application (the “App”), you acknowledge that you have read and agree to these Terms and Conditions (the “Terms”) and the Privacy Policy. If you do not agree, do not use the App.
You must be at least 16 years old, or the higher minimum age required in your jurisdiction. If you are under 18, you represent that you have your parent’s or guardian’s consent where required by law.
2. The Service
The App is a free motivational and behavioral tool for people who choose to quit cigarette smoking abruptly. Features may include counters and progress estimates, an educational health timeline, Craving SOS, techniques, trophies, a craving journal, savings goals, check-ins, a text-only community, an optional leaderboard, authentication, and cloud synchronization.
Results and estimates depend on the information you enter. Metrics such as cigarettes avoided, money saved, or “life regained” are motivational estimates based on general assumptions, not individual measurements or predictions.
3. Medical Disclaimer
The App is not a medical device and is not designed or intended to diagnose, prevent, monitor, treat, or cure any disease, addiction, or other condition. The App does not provide diagnoses, prescriptions, treatment, clinical monitoring, or personalized medical advice. Content concerning health, medication, or nicotine replacement products is general, educational, and motivational and may not be suitable for your circumstances.
Do not delay or disregard medical advice based on information in the App. Seek advice from a physician or another qualified healthcare professional before making decisions about your health, symptoms, treatment, or medication. In an emergency, if you experience severe symptoms, or if there is a risk of harm, contact your local emergency services immediately.
4. Account and Authentication
An account is required to access the full set of features. On iOS, the App offers Sign in with Apple; it may also offer Google Sign-In. Authentication is managed through Firebase Authentication. Providers may share an account identifier, email address or Apple Private Relay address, display name, and profile picture, depending on your choices and settings.
You are responsible for the security of your device and session, the accuracy of information you provide, and activity carried out through your account. You must promptly notify us of any suspected unauthorized use.
5. Account Deletion
You can delete your account directly from the Profile section and/or request deletion by emailing beyondsmokeday0@gmail.com. We may request reasonable identity verification for email requests. Deletion is irreversible and results in loss of access to synchronized progress, history, trophies, preferences, and other associated data, subject to the limited exceptions described in the Privacy Policy.
Uninstalling the App from your device or revoking access through your Apple or Google account does not automatically delete your Beyond Smoke: Day 0 account.
6. License and Intellectual Property
Subject to compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the App on devices you own or control, in accordance with the applicable app store rules.
You may not copy, modify, distribute, sell, rent, decompile, disassemble, reverse engineer, extract source code, scrape, circumvent security measures, or use the App for spam, attacks, or abusive automation, except where expressly permitted by law.
The App, the Beyond Smoke: Day 0 brand, visual elements, software, and editorial content belong to the Operator or its licensors and are protected by intellectual property laws.
7. Community and User-Generated Content
The community permits text content only. Do not post content that is illegal, misleading, threatening, harassing, discriminatory, obscene, defamatory, promotes self-harm, suicide, violence, or illegal activities, provides personalized medical advice or dosages, discloses others’ personal data, constitutes spam or unauthorized advertising, or infringes others’ rights.
You retain your rights to your content. By posting, you grant us a non-exclusive, worldwide, royalty-free license, transferable to our technical service providers and sublicensable only to the extent necessary, to host, store, reproduce, display, and distribute your content within the App and its backups for the duration of the service.
We reserve the right, at our discretion and to the extent permitted by law, to remove, hide, restrict, block, or moderate any content and to limit or suspend any account without prior notice, including for violations of these Terms, protection of users, reduction of legal or operational risks, or responses to reports. We are not obligated to proactively monitor every post and do not guarantee the accuracy of other users’ content.
Participation in the leaderboard is optional. Rankings are estimates, may change following a lapse or restart, and may be corrected or removed in cases of error or manipulation.
8. Acceptable Use and Suspension
Do not use the App to violate the law, others’ rights, system integrity, or community safety. We may investigate violations and restrict, suspend, or terminate access immediately where reasonably necessary for security, abuse prevention, user protection, or legal compliance. Where possible and appropriate, we will provide an explanation or a means to appeal.
9. Notifications and Third-Party Services
With operating-system permission, the App schedules local notifications on your device for milestones, trophies, and optional reminders. It does not use Firebase Cloud Messaging (FCM) for these notifications. You can disable them in the App and/or your device settings.
The App uses third-party services, including:
- Google Firebase / Google Cloud: Authentication, Cloud Firestore, Analytics, and Crashlytics;
- Apple: Sign in with Apple and the Apple App Store;
- Google: Google Sign-In and Google Play.
The terms and policies of these providers may apply separately. Ads are disabled in the current production configuration. Before activating advertising, we will update the necessary documents and disclosures and implement choices required by law.
10. Additional Apple App Store Terms
If you obtained the App through the Apple App Store, you acknowledge that these Terms are between you and the Operator, not Apple. The Operator, not Apple, is responsible for the App, its content, maintenance, and support, subject to applicable law.
The license is limited to use of the App on Apple-branded products you own or control, in accordance with the Usage Rules in the Apple Media Services Terms and Conditions, including through Family Sharing where permitted. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any; to the extent permitted by law, Apple has no other warranty obligations.
The Operator, not Apple, is responsible for addressing claims relating to the App, including product liability, legal compliance and consumer protection, and for investigating and resolving intellectual property infringement claims. You represent that you are not located in a country subject to a U.S. government embargo and are not listed on any U.S. government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the relevant provisions against you.
11. Availability and Changes
We may modify, suspend, or discontinue features and do not guarantee uninterrupted availability, error-free operation, permanent data retention, or compatibility with every device. We may update these Terms; we will publish the applicable date and provide reasonable notice of material changes. We will request renewed acceptance where required by law.
12. Warranties and Limitation of Liability
To the maximum extent permitted by law, the App is provided “as is” and “as available,” without additional express or implied warranties. The Operator does not guarantee any smoking cessation or health outcome and is not liable for medical decisions made based on the App, other users’ content, third-party interruptions, or indirect damages or data loss.
To the extent permitted by law, the Operator’s total liability for claims relating to the App will not exceed the amount paid directly to the Operator for the App in the 12 months preceding the event, ordinarily zero because the App is free.
Nothing in these Terms excludes or limits liability or rights that cannot lawfully be excluded, including mandatory consumer rights and liability for fraud, intentional misconduct, or other non-excludable circumstances.
13. Termination
You may stop using the App at any time. Upon termination, the license granted to you ends and you must stop using the App. Provisions that by their nature should survive will remain in effect, including those concerning intellectual property, liability, governing law, and dispute resolution.
14. Governing Law and Jurisdiction
These Terms are governed by Romanian law. Any dispute that cannot be resolved amicably will be submitted to the competent courts in Bucharest, Romania. If you are a consumer, this clause does not deprive you of the protection of mandatory provisions of the country in which you habitually reside or of the right to bring proceedings before any other court having jurisdiction under applicable mandatory rules.
If any provision is found invalid or unenforceable, the remaining provisions remain effective. Failure to exercise a right does not constitute a waiver. These Terms and the Privacy Policy constitute the agreement governing use of the App.
15. Contact
ȘERBAN N. ADRIAN-VALENTIN PERSOANĂ FIZICĂ AUTORIZATĂ
CUI: 52812949
Registered Office: B-dul Bucureștii Noi nr. 136, et. Parter, ap. 5, Sector 1, Bucharest, Romania
Email: beyondsmokeday0@gmail.com