Application Terms and Conditions of Use and Privacy Policy

1. Responsible for the App
The Smoke-Free application is developed and maintained by Roman Koch (developer), who is solely responsible for the management and operation of the app. For any inquiries, users can reach out via email at apps@romankoch.online

2. Object
The Smoke-Free app has been developed with the objective of providing users with an effective tool to gradually reduce smoking and eventually quit. The app includes features such as cigarette consumption tracking, personalized reduction plans, and motivational insights to support the quitting process (hereinafter the "Content").

3. Compatible Devices
The Smoke-Free app is currently available exclusively on the Apple App Store for iOS devices. Users must agree to comply with all applicable terms and conditions regarding obtaining, downloading, and updating the app, as determined by the Apple App Store.

4. Start
Upon first launching the Smoke-Free app, users will have access to a Premium Trial Version, which provides full access to all premium features for a limited period (currently 7 days). This trial period allows users to explore all the content and functionalities of the app at no cost. The length of this trial period may change based on promotional updates or future changes to the app.
Once the trial period ends, the app will automatically switch to a Free Version with limited access to features and content. Users can continue using the Free Version or choose to subscribe to one of the available plans to retain premium access.

Subscription Plans Available:
Monthly Subscription: Recurring monthly payments.
6 Month Subscription: A 6 Month plan offering a discounted rate.
Annual Subscription: A yearly plan offering a discounted rate.

Subscriptions can be purchased through the payment options offered by the Apple App Store.
All settings and configurations can be adjusted at any time through the settings panel available within the app.
The terms of use for the Apple App Store can be accessed through the following link: www.apple.com/legal/internet-services/itunes/es/terms.html.

5. Method of Use
When starting the Smoke-Free application, the user will be greeted by the Home Screen, where they can view an overview of their smoking reduction progress. Users can explore additional features or manage their reduction plan directly from this screen.
From the Home Screen, users can navigate to different sections of the app:
Reduction Plan: By pressing the corresponding button, users can set up, adjust, or monitor their personalized smoking reduction plan.
Tracking Progress: Users can log cigarette consumption, view statistics, and receive motivational feedback to stay on track.

In the bottom right corner of the Home Screen, a person icon provides access to the Personal Area. This section allows users to:
Modify personal settings, such as reminders, and notifications.
Manage their subscription plan, including viewing the status of their premium access or switching plans.
Access the Terms of Use, Privacy Policy, and Help section for additional information and support.

5.1 Features
Through the Reduction Plan menu, users can:
Log daily cigarette consumption and track progress over time.
Receive insights and motivational messages to support quitting.
The premium features also allow users to:
Access advanced analytics and insights about smoking habits.
Receive personalized recommendations and dynamic adjustments to their quitting plan.

6. Intellectual and Industrial Property Rights
The intellectual and industrial property rights over the Smoke-Free app are owned exclusively by the developer, who holds the rights to exploit the app in any form, including but not limited to reproduction, distribution, public communication, and transformation. Any third-party intellectual and industrial property rights over logos, symbols, or other content included in the app have been authorized for reproduction, distribution, and public display within the application.

The user acknowledges that the following actions are prohibited and constitute an infringement of intellectual property rights:
Reproduction, modification, distribution, commercialization, decompilation, or disassembly of the app.
Use of reverse engineering techniques or any other means to obtain the source code.
Transformation, publication, or any unauthorized use of elements and features integrated within the app’s development.
The user agrees not to engage in any of these activities or any other that might violate the intellectual property rights of the developer.

7. Privacy Policy
The Smoke-Free app does not collect, store, or process any personal data. All user data, including smoking reduction tracking and settings, is stored locally on the user's device and is not transmitted to any external server or third party.

8. Responsibility
Smoke-Free aims to provide its services with the highest possible quality and ensure a smooth user experience. However, the developer disclaims any liability for disruptions, errors, or damages arising from system failures, external interference, disconnections, or malfunctioning of the app beyond their reasonable control.

8.1 Service Interruptions and Technical Issues
Smoke-Free is not liable for damages caused by technical issues, such as:
Interruptions, errors, or malfunctions due to unforeseen technical problems or maintenance.
Interference or disconnections resulting from network issues, telecommunications failures, or server downtimes.
Any impact from system vulnerabilities or attacks that may result in temporary unavailability of the app.
Users are encouraged to adopt appropriate security measures, such as up-to-date antivirus software, to protect their devices and data when using the app.

8.2 Third-Party Actions and Misuse of the App
Smoke-Free disclaims any responsibility for damages resulting from:
Illegitimate actions by third parties, such as hacking or unauthorized access.
Improper use of the app by users, including violations of the Terms and Conditions.

8.3 Force Majeure and External Factors
Smoke-Free is not responsible for service interruptions caused by external factors such as natural disasters, strikes, or regulatory changes.

9. Nullity and Ineffectiveness of the Clauses
If any clause in these Terms and Conditions is declared wholly or partially null and void, such nullity shall apply only to that specific provision. The remainder of the document shall continue in full force and effect.

10. Applicable Law and Jurisdiction
For any legal matters related to the Smoke-Free app, the applicable law and jurisdiction will depend on the user's country of residence:
For Professional Users and Entities: Governed by the laws of the Federal Republic of Germany.
For Individual Users: Subject to the laws and jurisdiction of their country of residence.
Users residing in the European Union may refer to the online dispute resolution platform provided by the European Commission: ec.europa.eu/consumers/odr/
For any questions or concerns regarding the Smoke-Free app, users can contact apps@romankoch.online