KickSmoke TERMS OF USE (effective as of December 26, 2018)


1. Parties

1.1. These terms of use (hereinafter - Agreement) is a legally binding and valid Agreement that, in addition to our Privacy Policy, governs the use of the service (hereinafter - the service) as provided via the mobile application under the title "KickSmoke" (hereinafter - the App) available in the Google Play and Apple Store (hereinafter - the stores).

1.2. The service is provided by Kakadu Development llc. (hereinafter – Company or we).

1.3. The Agreement regulates the relationship between you and Company and does not establish any third-party beneficiary rights.

1.4. By using the service, you agree to this Agreement.

2. App

2.1. App provides a way to monitor and share your results in quitting smoking, as well as related details regarding your vicious habit. The service is intended to provide general informational content about smoking and smoking-related disorders. It collects user entered and otherwise provided data points related to the smoking and the process of quitting smoking.

2.2. The service is not intended to replace professional medical advice. By using the service, you agree to use the service for the intended information and communication purposes only and particularly not for medical purposes.

2.3. We offer App on the following payment terms:

(1) Auto-Renewable Subscription;

(2) We provide access to all functionality simultaneously with ongoing updates of blocking rules;

(3) Subscription unlocks full access to all the functionality of the app including blocking ads, creating custom rules;

(4) Trial period is 3 days;

(5) Price of subscriptions are:

All Access Weekly - $8,99/week (every 1 week your subscription renews),

All Access Monthly - $23,99/month (every 1 month your subscription renews),

All Access Annual - $47,99/year (every 12 month your subscription renews);

(6) Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period;

(7) Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal;

(8) Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's account settings after purchase.

2.4. Ordering and payment of the subscription service is facilitated via an in-app purchase from the respective store. The legal relationship associated with the purchase and any consumer or other rights arising therefrom are strictly allocated to the respective store and not Company. When conducting the purchase, recourse is made to the payment options as determined in your user account with the respective store. The payment and general terms of the respective store apply. Company is not a party to the purchase transaction and hereby disclaims any and all obligation, responsibility and/or liability that may arise as a result of the purchase transaction.

2.5. The prices for the subscription service quoted in the App are gross prices in USD and include all applicable taxes.

2.6. From time to time and without prior notice to you, we may change, expand and improve the App. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App. Any modification or elimination of the App or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.


3. Security and Data protection.

3.1. We take your privacy and data protection very seriously. We share and/or analyze your personal information only in the limited scenarios and for the limited purposes as explained in our Privacy Policy.

3.2. By using the service, you agree to the collection and use of personal information in accordance with our privacy and security policy.


4. License and content

4.1. Subject to the terms in our Privacy Policy with respect to personal information, you grant Company a non-exclusive, perpetual, irrevocable, worldwide, sub-licensable, royalty-free license, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use you anonymous personal information and information relating to you using the App in order to help us make the site more useful and to assist you with inquires and to carry out anonymous market research including, but not limited to, scientific research carried out by third parties who may wish to study anonymous data collected by our App and companies wishing to market products and/or services to users, but only to the extent that marketing is done without disclosure of a your personally identifiable information.

4.2. We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the App for personal and non-commercial purposes in accordance with the terms of this Agreement.

4.3. All rights, title, and interest in and to the App not expressly granted in this Agreement are reserved by the Company.

4.4. The App enables you to input personal notes and log certain information into the App. You retain all rights to such content that you post, share or log in the App. Content shall also include your comments and reviews that you leave about the App or otherwise make available in the respective stores. By providing your content to the App, you (a) grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute your content in connection with providing and operating the App and for the Company's promotional purposes, subject to the Privacy Policy; and (b) you agree to indemnify the Company and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to company with the terms described in this Agreement. You agree not to post, upload, publish, submit, store or transmit content (if applicable) that: (i) infringes, misappropriates or violates any third party's copyright, trademark, patent, trade secret or other intellectual property rights, or rights of publicity or privacy; (ii) is violent or threatening or promotes violence or actions that are threatening to any person or entity (iii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil, administrative or criminal liability; (iv) is fraudulent, false, misleading or deceptive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is defamatory, harmful to minors, obscene, pornographic, vulgar or offensive; or (vii) promotes illegal or harmful activities or substances. You further agree not to engage in any activity that interferes with or disrupts the App operation.

4.5. The Company does not directly monitor or control content uploaded, published or otherwise made available through the App. The Company disclaims any liability, direct or indirect, arising out of content uploaded, published or otherwise made available through the App. However, the Company reserves the right to review content prior to submission to the App and to remove any such content for any reason, at any time, without prior notice, at our sole discretion. The Company undertakes to disable, delete or hide any content that violates this Agreement or applicable law.


5. Acknowledgements and Limitation of liability.

5.1. It is important to understand that we (including our employees, contractors, partners, advertisers and so on) do NOT provide any medical advice. The information provided (if any) is general information (a couple tips) to help individuals organize the process of kicking such a vicious habit as smoking.

5.2. We do not assume any guarantee or specific liability as to the service and with regard to the purpose of your use.

5.3. Product descriptions shall not be deemed guaranteed unless separately agreed in writing. We do not warrant that the service can be used to achieve particular interests, particularly that you achieve success in your fight against smoking. Rather, the service shall only represent a tool that helps monitor the process according to the information provided by you.

5.4. In no event shall the company, its officers, directors, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of this App. In no event will the company's total liability arising out of or in connection with these terms or from the use of or inability to use the App exceed the amounts you have paid to the Company for use of the App.

5.5. You acknowledge that:

(a) we do not provide medical advice;

(b) the information contained in our App is general information only;

(c) the use of our website or service is at your own risk;

(d) there is no guarantee that by using our service you will achieve the desired result;

(e) your access and use of the App is at your own risk. While information submission is processed securely, the internet is generally not secure and material passing over it may be intercepted, altered or corrupted in storage or transit;

(f) the service is provided on an 'as is' basis and we exclude all implied conditions, warranties, guarantees and representations of any kind;

(g) we exclude and you release us from all liability to you for loss or damage of any kind (however caused or arising, including by negligence) arising from or in any way connected with App;

(h) we do not promise that our service free from errors;

(i) we do not promise that our service will operate without interruption.

5.6. The App may give you access to links to third-party websites, apps, or other products or services. The Company does not control such third-party services in any manner and, accordingly, does not assume any liability associated with such third-party services. You need to take appropriate steps to determine whether accessing a third-party service is appropriate, and to protect your personal information and privacy in using any such third-party services.

5.7. We are not obligated to monitor access or use of the App, however, we reserve the right to do so for purposes of operating and maintaining the App, ensuring your compliance with this Agreement, and complying with applicable legal requirements.

5.8. You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

5.9. You understand and agree, that the Company controls and operates the App from various locations and makes no representation that the App is appropriate or available for use in all locations. The App or certain features of it may not be available in your location or may vary across locations.

5.10. You understand and agree, that you are responsible for the security and confidentiality of your password. You are further responsible for all activities exercised on your account.


6. Term and termination

6.1. You may stop using the service at any time. We are also entitled to disable the service or to modify the functionalities, in our sole discretion, subject to your rights as a paying subscriber. We will delete all of your personal information when you delete your account.

6.2. You and Company are bound for the term as stipulated in the respective purchase of the subscription service subject to your rights in relation to the respective store, if any, and the mutual right of termination for cause.

6.3. We shall, at our sole determination and discretion, and without further notice to you, suspend or terminate your use of the service and/or your account, and/or delete your user content, if you are not complying with this Agreement or use the service in any other way that could disrupt or falsify the service.


7. Miscellaneous.

7.1. ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE FORMATION, PERFORMANCE, BREACH, TERMINATION OR INVALIDITY THEREOF, SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE BELARUSIAN CHAMBER OF COMMERCE AND INDUSTRY ARBITRATION RULES.

THE PARTIES FURTHER AGREE THAT: (A) THE APPOINTING AUTHORITY SHALL BE THE INTERNATIONAL ARBITRATION COURT OF THE BELCCI; (B) THE NUMBER OF ARBITRATORS SHALL BE ONE; (C) THE PLACE OF ARBITRATION SHALL BE MINSK, BELARUS; (D) THE LANGUAGE TO BE USED IN THE ARBITRAL PROCEEDINGS SHALL BE RUSSIAN.

7.2. The Agreement, along with Privacy Policy, is the entire Agreement between you and Company with respect to the App and they replace any prior arrangement relating to the App.

7.3. Please note that the Agreement may be amended from time to time and we will notify you by revising the "last updated" date at the top of the Agreement and by providing you with an additional notice by postings on the App or by any other means.

7.4. Your continued use of the service without informing us about your objection to a change or changes to the Agreement after the set period of time for objection shall constitute your acceptance of the change(s).

7.6. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

7.7. Upon termination, all provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.