Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Smokoff websites, mobile applications, and the hosted api.smokoff.app service that powers the apps (together, the “Services”), offered by 9554-5133 Québec inc. (“we”, “us”, or “our”), 316-3625 rue Jean-Gascon, Montréal, Québec, H4R 0K6, Canada (NEQ 1181515835). The public marketing site is https://smokoff.app. By using the Services you agree to these Terms and to our Privacy Policy.

1. The Services

Smokoff helps you track and support a smoking-cessation journey. The Services can include, depending on the version you use: sign-up and sign-in (including e-mail, Google OAuth, and Facebook login where we provide them), user and smoking profile, a diary, custom “reasons to quit,” breathing session records, real-time and historical chat, friend requests, public profiles, encouragements between users, profile/avatar changes, and push notification registration. Features may change. The Services are not a substitute for professional medical advice; see a doctor for health decisions.

The JSON API is provided for normal use of the Smokoff client applications and related functionality we authorize. You may not abuse, overload, or scrape the API; automated access that disrupts the service, violates our policies, or endangers other users is prohibited. We do not make the host for a general-purpose public API product unless we say so in writing.

2. Your account

You are responsible for accurate registration data, the security of your password or device, and for activity under your account. You must be of legal age to enter a binding contract where you live and must be legally able to use the Services. You may use account deletion and related flows the apps expose when you want to stop using Smokoff, subject to our retention rules in the Privacy Policy and the law.

3. Health and personal information

You may enter sensitive information about your habits, feelings, and goals. You confirm you have the right to provide any data you upload. How we use that information is in the Privacy Policy, including our use of hosts, Firebase/FCM for push, and Google or Facebook for optional sign-in.

4. Acceptable use

You will not: harass, threaten, or defraud others; spam the chat; attempt to gain unauthorized access to the API, accounts, or systems; reverse engineer the Services in violation of law; or use the Services for illegal activity. We may investigate and suspend or terminate access for violations.

5. Changes

We may change these Terms or the Services. The “Last updated” date will change; material changes may require or benefit from additional notice under applicable law.

6. Intellectual property

The Smokoff name, brand assets, and software are protected by applicable intellectual property laws. We grant you a personal, non-transferable, revocable right to use the Services as we make them available to you. Do not use our name or assets in a way that implies endorsement you do not have.

7. Disclaimers

The Services are provided on an “as is” and “as available” basis, to the maximum extent permitted by law, without warranties of merchantability, fitness for a particular purpose, or non-infringement.

8. Limitation of liability

To the maximum extent permitted by law, 9554-5133 Québec inc. and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for loss of profits, data, or goodwill, arising from your use of the Services. Our aggregate liability for any claim related to the Services shall not exceed the fees you paid us for the Services in the three (3) months before the event giving rise to the claim, or one hundred (100) Canadian dollars if no fees were paid, unless mandatory law provides otherwise. Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the maximum the law allows.

9. Governing law and venue

These Terms and any dispute related to the Services (except where prohibited) are governed by the laws of the province of Québec and the applicable federal laws of Canada, without regard to conflict-of-law rules. You attorn to the courts of Montréal, Québec, for disputes we cannot resolve informally, subject to your non-waivable rights as a consumer.

10. Contact

9554-5133 Québec inc. (NEQ 1181515835), 316-3625 rue Jean-Gascon, Montréal, QC H4R 0K6, Canada. You may also refer to https://smokoff.app and the contact details in our Privacy Policy.