1. Agreement to these terms
These Terms of Use ("Terms") form a binding agreement between you and MD Shahariar Nazim Joy ("we", "us", the "Developer") governing your use of the Quit Smoking: Smoke Free mobile application and this website (together, the "App"). By downloading, purchasing, subscribing to or using the App, you accept these Terms. If you do not accept them, do not use the App.
You must be at least 13 years old, and old enough under the law of your country to enter into a binding contract, to use the App. If you are under the age of majority where you live, you may use the App only with the involvement of a parent or guardian who accepts these Terms on your behalf.
2. Apple's standard EULA also applies
The App is licensed, not sold, to you through the Apple App Store. In addition to these Terms, Apple's standard End User Licence Agreement for App Store applications also applies to your licence to use the App. You can read it here:
https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
Where these Terms and Apple's standard EULA differ, these Terms apply to the extent that they are more protective of you or that they address a matter Apple's EULA does not; in all other respects Apple's standard EULA governs. Nothing in these Terms limits any right Apple's EULA gives you.
3. Licence grant
Subject to these Terms and to your maintaining a valid, active subscription or one-time purchase, the Developer grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download and use one copy of the App for your own personal, non-commercial purposes, on any Apple-branded device that you own or control, as permitted by the Apple Media Services Terms and Conditions and the Usage Rules therein.
You may not: copy the App except as expressly permitted; sell, rent, lease, lend, redistribute or sublicense the App; reverse engineer, decompile or disassemble the App, or attempt to derive its source code, except to the extent that such a restriction is prohibited by applicable law; remove or alter any proprietary notice; circumvent, disable or interfere with the App's purchase or entitlement checks; or use the App in any unlawful way or in violation of these Terms.
All rights not expressly granted to you are reserved by the Developer. The App, its design, its code, its text and its branding remain the property of the Developer and are protected by copyright and other intellectual-property laws. Content you enter into the App (your quit date, your craving log, your notes) remains yours — and, as explained in the Privacy Policy, it stays on your device.
4. The App requires a purchase — there is no free tier
5. Subscriptions, prices and free trial
The App offers the following purchases through the Apple App Store, using StoreKit 2:
| Product | Type & length | Price | Free trial |
|---|---|---|---|
| Quit Smoking Pro Monthly | Auto-renewable subscription, 1 month | US$3.99 per month | None |
| Quit Smoking Pro Yearly | Auto-renewable subscription, 1 year | US$19.99 per year | 3-day free trial for new subscribers |
| Lifetime Access | One-time non-consumable purchase (does not renew) | US$29.99 once | Not applicable |
Prices are stated in United States dollars and apply to the U.S. App Store storefront. In other storefronts, the App Store displays the equivalent price in your local currency, set according to Apple's pricing matrix, and that displayed price — inclusive of any applicable taxes — is the price you pay. The App Store always shows you the exact price and the renewal terms before you confirm a purchase.
Payment
Payment will be charged to your Apple Account at confirmation of purchase. All purchases are processed by Apple. The Developer never receives or stores your payment card details.
Free trial
The Quit Smoking Pro Yearly subscription includes a 3-day free trial for new subscribers. If you do not cancel at least 24 hours before the end of the free trial, the trial converts automatically into a paid Quit Smoking Pro Yearly subscription and your Apple Account is charged US$19.99. Any unused portion of a free trial period is forfeited when you purchase a subscription, where a free trial is offered.
6. Auto-renewal and how to cancel
Quit Smoking Pro Monthly and Quit Smoking Pro Yearly are auto-renewable subscriptions. This means:
- Your subscription renews automatically unless it is cancelled at least 24 hours before the end of the current period.
- Your Apple Account is charged for the renewal within 24 hours prior to the end of the current period, at the price for the plan you selected.
- Renewal continues on the same cycle (monthly or yearly) until you cancel.
To manage or cancel a subscription, open the iOS Settings app and go to Settings > Apple Account > Subscriptions, select Quit Smoking: Smoke Free, and choose to cancel. You may also turn off auto-renewal there at any time after purchase. Cancelling stops the next renewal; you keep access until the end of the period you have already paid for.
Deleting the App from your device does not cancel your subscription. You must cancel through Settings as described above.
Lifetime Access is a one-time non-consumable purchase. It does not renew and there is nothing to cancel.
7. Restoring purchases
Your purchase is tied to your Apple Account, not to a single device. If you get a new device, reinstall the App, or the App does not recognise an entitlement you already own, open the App's Settings tab and tap Restore Purchases. See the Support page for step-by-step help.
8. Refunds
Refunds are handled by Apple, not by the Developer. Because Apple is the merchant of record for every purchase made through the App Store, the Developer cannot issue, approve or deny a refund and has no ability to reverse a charge.
To request a refund, use Apple's process at reportaproblem.apple.com, or contact Apple Support directly. Apple's decision is governed by the Apple Media Services Terms and Conditions.
Nothing in this section limits any statutory right of withdrawal, cancellation or refund that you may have under the mandatory consumer law of your country of residence.
9. Not medical advice
Please re-read the medical disclaimer at the top of this page — it forms part of these Terms. In summary: the App is a self-tracking and motivation tool; it is not a medical device; it does not provide medical advice, diagnosis or treatment; its health recovery timeline reproduces published population-level estimates from the American Cancer Society, the U.S. CDC, the UK NHS and the U.S. Surgeon General's 2020 cessation report and is not a statement about your individual health; and you should consult a physician about quitting and about any medication or therapy. In the U.S., the national quitline is 1-800-QUIT-NOW.
You are solely responsible for decisions you make about your own health. The App will not stop you smoking; only you can do that, and we encourage you to do it with professional support.
10. Your responsibilities
The App stores everything locally on your device and the Developer holds no copy of your data. You are therefore responsible for your device, for keeping it secure, and for any backup you wish to keep. Using the in-app "Reset all data" option or deleting the App permanently erases your data, and it cannot be recovered by us.
11. Disclaimer of warranties
To the maximum extent permitted by applicable law, the App is provided "as is" and "as available", without warranty of any kind, whether express, implied or statutory, including without limitation any implied warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement.
We do not warrant that the App will be uninterrupted, error-free or free of harmful components, that any defect will be corrected, or that use of the App will produce any particular result — including that it will help you stop smoking or vaping, or improve your health. Your use of the App is at your own risk.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In that case, any implied warranty is limited to the minimum period and extent permitted by law.
12. Limitation of liability
To the maximum extent permitted by applicable law, in no event shall the Developer be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or other intangible losses, arising out of or in connection with your use of, or inability to use, the App — whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Developer has been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, the Developer's total cumulative liability to you for all claims arising out of or relating to the App or these Terms shall not exceed the greater of (a) the total amount you actually paid for the App in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) fifty United States dollars (US$50.00).
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you, and nothing here affects your mandatory statutory consumer rights.
13. Apple's role
You acknowledge that these Terms are between you and the Developer only, not with Apple, and that Apple is not responsible for the App or its content. Apple has no obligation to furnish any maintenance or support for the App. In the event the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the App to you, if any; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App.
The Developer, not Apple, is responsible for addressing any claim by you or a third party relating to the App, including product liability claims, any claim that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation. The Developer, not Apple, is responsible for the investigation, defence, settlement and discharge of any third-party claim that the App infringes that party's intellectual property rights.
You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
14. Changes to the App and to these Terms
We may update, modify or discontinue features of the App at any time. We may also update these Terms; when we do, we will change the effective date at the top of this page and, for material changes, give notice in the App or in the App Store release notes. Changes do not apply retroactively, and they take effect for the next subscription period. If you do not agree to a change, stop using the App and cancel your subscription before the next renewal.
15. Termination
This licence remains in effect until terminated. It ends automatically if you fail to comply with any of these Terms. You may terminate it at any time by cancelling your subscription and deleting the App from your devices. On termination you must stop all use of the App. Sections 9 to 13 and 16 survive termination.
16. Governing law and disputes
These Terms are governed by the laws of the People's Republic of Bangladesh, being the jurisdiction in which the Developer is established, without regard to its conflict-of-law rules, and the courts of Bangladesh shall have jurisdiction over any dispute arising out of or relating to these Terms or the App.
This choice of law and forum does not deprive you of the protection of any mandatory consumer-protection law of the country in which you habitually reside: if you are a consumer, you keep the benefit of those mandatory rules and you may also bring proceedings in the courts of your own country where the law entitles you to do so.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary and the remaining provisions will remain in full force and effect. Our failure to enforce a provision is not a waiver of it.
17. Contact
MD Shahariar Nazim Joy
Developer, Quit Smoking: Smoke Free
Email: dmjks120@gmail.com
See also the Privacy Policy and the Support page.