Smoke.Not terms of use

Last Updated: 2026-04-17

These Terms of Use ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Jurgis Šaliamoras, operating as Smoke.Not and located in Lithuania ("Smoke.Not," "we," "us," or "our"), governing your access to and use of the Smoke.Not mobile application and all related features, services, and functionalities (collectively, the "Application").

By downloading, accessing, or using the Application, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Application.

For any inquiries, please contact us at: phoquegames@gmail.com

1. Eligibility

The Application is intended exclusively for adults aged 18 or older. By using the Application, you represent and warrant that you are at least 18 years old. If you are under 18, you must not download, install, or use the Application. Where local law imposes a higher minimum age for access to nicotine-related products or services (for example, 21+ in some U.S. jurisdictions), you must meet that higher age.

2. Health Disclaimer

Vape.Not is a habit-tracking and behaviour-support tool designed to assist users who have voluntarily chosen to reduce or stop vaping. It is not a medical device, not a medical service, and not a substitute for professional medical advice, diagnosis, or treatment. No information presented within the Application constitutes medical guidance.

Nicotine dependence is a medical condition. If you are experiencing withdrawal symptoms, mental-health effects, or any other medical concerns related to vaping cessation, you should consult a licensed healthcare professional. Never disregard or delay seeking medical advice because of anything you have read, seen, or done within the Application.

3. Subscriptions and In-App Purchases

3.1 Subscription Terms

The Application offers auto-renewing subscription plans granting access to premium features. By purchasing a subscription, you agree to the following disclosures, which Apple and Google require us to present:

  • Payment: Payment is charged to your Apple ID or Google Play account at confirmation of purchase.

  • Auto-Renewal: Your subscription automatically renews for the same period and at the same price at the end of each term, unless auto-renewal is turned off at least 24 hours before the end of the current period.

  • Renewal Charge: Your account will be charged for renewal within the 24-hour period prior to the end of the current term, at the renewal price disclosed at the time of purchase.

  • Price and Duration: The exact subscription duration and price are displayed within the Application at the moment of purchase, and may vary by region and currency.

  • Free Trial: Where a free trial is offered, any unused portion of the free trial will be forfeited at the moment you purchase a paid subscription, where applicable under platform rules.

  • Managing Your Subscription: You may view, manage, or cancel your subscription at any time through your device's account settings:

    • iOS: Settings → [your name] → Subscriptions

    • Android: Google Play Store → [profile] → Payments & subscriptions → Subscriptions

  • Taxes: You are responsible for any taxes or charges imposed by your jurisdiction.

We reserve the right to modify, discontinue, or adjust subscription offerings, provided that changes will not affect the price or renewal terms of an active period you have already paid for.

3.2 Payment Processing

All financial transactions are processed exclusively by Apple App Store or Google Play Store. Vape.Not does not receive, process, or store your payment card details, billing address, or banking information. We receive only transaction metadata (product identifier, transaction identifier, renewal status) as forwarded to us by Apple's StoreKit or Google Play Billing, and entitlement updates from Superwall, our paywall provider.

3.3 Refunds

Refund eligibility and procedures are governed by the platform of purchase:

We do not issue refunds directly.

4. Intellectual Property Rights

The Application and all related content — including but not limited to text, graphics, logos, icons, images, features, source code, compiled binaries, and software architecture — are owned by Vape.Not or its licensors and are protected under copyright, trademark, and other applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Application on a device you own or control, solely for your personal, non-commercial use. Except as expressly permitted, you must not:

  • Copy, reproduce, modify, publish, distribute, or create derivative works of any part of the Application;

  • Reverse-engineer, decompile, or disassemble the Application, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

  • Remove, alter, or obscure any proprietary notices;

  • Use the Application in any manner that could damage, disable, overburden, or impair it.

Any unauthorised use of the Application may result in termination of your licence and legal action.

5. Acceptable Use

When using the Application, you agree that you will not:

  • Use the Application for any unlawful purpose or in any manner inconsistent with these Terms;

  • Attempt to bypass, circumvent, or disable any paywall, subscription gate, or security mechanism of the Application;

  • Use automated means (bots, scripts, scrapers) to access the Application or its back-end services;

  • Misrepresent your age or any other information you provide during onboarding;

  • Interfere with, disrupt, or attempt to gain unauthorised access to any servers or networks connected to the Application.

6. How Your Data Is Handled

Vape.Not is designed to keep the majority of your data on your device. Your onboarding answers, progress, streaks, preferences, and other in-app state are stored locally on your device and are not transmitted to any server operated by us.

A limited subset of your onboarding answers is sent to Superwall, Inc., our paywall provider, for the purpose of selecting which paywall variant to present to you. Purchases are processed by Apple or Google. The Application does not use Firebase, Firebase Analytics, Firebase Crashlytics, Google Analytics, Unity, or any other advertising, analytics, or attribution SDK.

Full details of what data is collected, how it is processed, who it is shared with, and how you may exercise your rights (including your GDPR rights) are set out in our Privacy Policy, which is incorporated by reference into these Terms:

https://phoquegames.net/vapenot-privacy-policy

7. Third-Party Services

The Application relies on the following third-party services, each with their own terms and privacy policies:

We are not responsible for the availability, accuracy, or terms of service of any third-party service.

8. User Choices

You retain control over your data and the Application at all times:

  • Uninstall — uninstalling the Application through your device's standard procedure stops all data collection and removes locally-stored data.

  • Reset — the in-app Reset option in Settings clears all locally-stored data without uninstalling the Application.

  • Notifications — you may revoke notification permission at any time in your device's OS settings.

  • Subscription — you may cancel your subscription at any time via the platform account settings referenced in Section 3.1.

Some features may be unavailable or function differently if you revoke platform-level permissions or disable the subscription.

9. Termination

We reserve the right to suspend or terminate your access to the Application at any time, with or without notice, for any reason, including but not limited to:

  • Violation of these Terms;

  • Suspected fraudulent, abusive, or unlawful behaviour;

  • Interference with the Application's operation or security;

  • Discontinuation of the Application or any of its features.

Termination does not entitle you to a refund unless required by the applicable platform provider's policies or applicable consumer-protection law.

10. Disclaimer of Warranties

The Application is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied.

We do not warrant that:

  • The Application will operate without interruption or errors;

  • Defects will be corrected;

  • The Application or its supporting infrastructure are free from viruses or harmful components;

  • The Application will meet your specific requirements or achieve any particular cessation outcome.

To the fullest extent permitted by law, we disclaim all warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms excludes or limits any warranty or consumer right that cannot be lawfully excluded or limited under mandatory Lithuanian or EU law.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Vape.Not shall not be liable for any:

  • Indirect, incidental, consequential, punitive, or special damages;

  • Loss of profits, data, goodwill, revenue, or business opportunities;

  • Damages arising from inability to access or use the Application;

  • Health outcomes or decisions made in reliance on the Application,

even if we have been advised of the possibility of such damages.

Your sole remedy for dissatisfaction with the Application is to discontinue its use and cancel your subscription through the platform.

Nothing in this Section limits our liability for death, personal injury caused by our negligence, fraud, or any other liability which cannot be excluded under applicable law.

12. Consumer Rights (EU / EEA)

If you are a consumer resident in the European Union, European Economic Area, or United Kingdom, nothing in these Terms affects your statutory rights. In particular:

  • You retain the mandatory consumer rights provided by the laws of your country of residence;

  • Your right of withdrawal under Directive 2011/83/EU for digital content may be forfeited once you begin using the Application, as is standard for digital-content services;

  • The choice of Lithuanian law in Section 13 does not deprive you of the protection of mandatory rules of the law of the country in which you are habitually resident.

13. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Lithuania, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Application shall be subject to the exclusive jurisdiction of the courts of Lithuania, except where mandatory consumer-protection law entitles you to bring proceedings in the courts of your place of residence.

14. Changes to These Terms

We may update or modify these Terms at any time at our sole discretion. Any material revisions will be communicated by updating the "Last Updated" date at the top of this page and, where the change is significant, by an in-app notice on next launch. Your continued use of the Application following such changes constitutes acceptance of the updated Terms.

15. Severability and Entire Agreement

If any provision of these Terms is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary and the remaining provisions shall remain in full force. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Vape.Not regarding the Application.