UnVaped

Terms of Service

Last Updated: February 12, 2025

Welcome to UnVaped. These Terms of Service ("Terms") govern your use of the UnVaped mobile application (the "App"). By downloading, installing, or using the App, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using UnVaped, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the App.

2. End-User License Agreement (EULA)

2.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a device that you own or control for your personal, non-commercial use.

2.2 Scope of License

You may not:

  • Copy, modify, or create derivative works of the App
  • Reverse engineer, decompile, or disassemble the App
  • Rent, lease, lend, sell, redistribute, or sublicense the App
  • Remove, alter, or obscure any proprietary notices on the App
  • Use the App for any illegal or unauthorized purpose
  • Attempt to gain unauthorized access to the App or its related systems

2.3 Acknowledgement

This End-User License Agreement is concluded between you and UnVaped only, and not with Apple Inc., Google LLC, or any other app store provider (collectively, "App Store Provider"). UnVaped, not the App Store Provider, is solely responsible for the App and its content.

3. Medical Disclaimer

IMPORTANT: UnVaped is a motivational and tracking tool. It is NOT a medical device, medical advice, or a substitute for professional medical care.

3.1 No Medical Advice

  • The App does not provide medical advice, diagnosis, or treatment
  • Health milestones are based on general research and may not apply to your specific situation
  • Always consult a qualified healthcare provider before making health decisions
  • If you experience withdrawal symptoms or health concerns, seek professional medical help immediately

3.2 Emergency Situations

The App is not designed for use in emergency situations. If you are experiencing a medical emergency, call emergency services immediately (911 in the US).

3.3 Nicotine Addiction Treatment

Quitting nicotine can be challenging and may require professional support. Consider consulting with healthcare providers, addiction specialists, or support groups. Resources include:

  • National Quitline: 1-800-QUIT-NOW (1-800-784-8669)
  • SmokefreeTXT: Text QUIT to 47848
  • Your healthcare provider or local addiction services

4. User Account and Data

4.1 Your Responsibility

  • You are responsible for the accuracy of information you enter into the App
  • You must maintain the security of your device and account
  • You are responsible for all activities that occur under your account

4.2 Data Backup

Most data is stored locally on your device. You are responsible for backing up your device. We are not responsible for data loss due to device failure, app deletion, or other causes.

4.3 Account Deletion

You may delete your account and all associated data at any time from within the App settings. This action is permanent and cannot be undone.

5. Subscription Terms

5.1 Subscription Plans

UnVaped offers optional premium subscriptions with enhanced features. Subscription details, including pricing and features, are displayed within the App before purchase.

5.2 Payment and Billing

  • Subscriptions are billed through your Apple App Store or Google Play Store account
  • Payment is charged to your account at confirmation of purchase
  • Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
  • Your account will be charged for renewal within 24 hours before the end of the current period
  • Prices are subject to change with notice

5.3 Free Trials

If we offer a free trial, you must cancel before the trial period ends to avoid being charged. You can cancel at any time through your App Store subscription settings.

5.4 Cancellation

  • iOS: Settings → [Your Name] → Subscriptions → UnVaped → Cancel Subscription
  • Android: Google Play Store → Menu → Subscriptions → UnVaped → Cancel Subscription

Cancellation takes effect at the end of the current billing period. No refunds for partial periods.

5.5 Refund Policy

All purchases are processed through the App Store Provider. Refund requests must be submitted to Apple or Google according to their refund policies. We do not control or process refunds directly.

6. Maintenance and Support

6.1 Developer Responsibility

UnVaped is solely responsible for providing maintenance and support services for the App. Contact us at support@unvaped.xyz for assistance.

6.2 App Store Provider

The App Store Provider has no obligation to furnish any maintenance or support services for the App.

7. Warranty

7.1 Limited Warranty

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 Developer Responsibility

UnVaped is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Store Provider, and the App Store Provider may refund the purchase price (if any) to you. To the maximum extent permitted by law, the App Store Provider has no other warranty obligation with respect to the App.

7.3 No Guarantee of Results

We do not guarantee that the App will help you quit vaping or achieve any specific health outcomes. Success depends on many factors beyond the App's control.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNVAPED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your use or inability to use the App
  • Any unauthorized access to or use of our servers and/or any personal information stored therein
  • Any bugs, viruses, or other harmful code transmitted through the App
  • Any errors or omissions in any content or for any loss or damage incurred from use of any content
  • Your reliance on health milestones or other information provided in the App
  • Any failure to quit vaping or any health outcomes

9. Indemnification

You agree to indemnify, defend, and hold harmless UnVaped, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:

  • Your use of the App
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Any health outcomes or decisions made based on use of the App

10. Product Claims

UnVaped is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including:

  • Product liability claims
  • Any claim that the App fails to conform to any applicable legal or regulatory requirement
  • Claims arising under consumer protection, privacy, or similar legislation

The App Store Provider is not responsible for addressing such claims.

11. Intellectual Property Rights

11.1 Third-Party Intellectual Property Claims

In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, UnVaped, not the App Store Provider, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

11.2 Our Intellectual Property

All content, features, and functionality of the App are owned by UnVaped and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

12. Legal Compliance

You represent and warrant that:

  • You are 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
  • You are not listed on any U.S. Government list of prohibited or restricted parties
  • You will comply with all applicable laws and regulations when using the App

13. Third-Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the App, including:

  • Apple App Store Terms of Service
  • Google Play Store Terms of Service
  • Your wireless data service agreement
  • Device manufacturer terms

14. Third-Party Beneficiary

You acknowledge and agree that the App Store Provider (Apple or Google) and their subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

15. Changes to the App

We reserve the right to:

  • Modify, suspend, or discontinue the App at any time
  • Change subscription pricing with notice
  • Add or remove features
  • Update system requirements

16. Termination

16.1 By You

You may stop using the App at any time by deleting it from your device.

16.2 By Us

We may terminate or suspend your access immediately, without prior notice, if you breach these Terms or engage in illegal or harmful conduct.

16.3 Effect of Termination

Upon termination, your right to use the App will immediately cease. Sections of these Terms that by their nature should survive termination will survive, including warranty disclaimers, indemnity, and limitations of liability.

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms are governed by the laws of the State of [Your State], United States, without regard to its conflict of law provisions.

17.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except where prohibited by law.

17.3 Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

18. Contact Information

For questions, complaints, or claims regarding the App, contact:

  • Email: support@unvaped.xyz
  • Legal: legal@unvaped.xyz
  • Website: https://unvaped.xyz

19. Changes to Terms

We may modify these Terms at any time. Material changes will be notified through:

  • In-app notification
  • Email (if provided)
  • Updated "Last Updated" date on this page

Your continued use of the App after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the App.

20. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force.

21. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

22. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and UnVaped regarding the use of the App and supersede all prior agreements and understandings.

By using UnVaped, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.