Effective Date: October 10, 2025

Last Updated: October 10, 2025

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1. ACCEPTANCE OF TERMS

Welcome to NicQuitter ("we," "us," "our," or "Company"). By accessing, downloading, installing, or using the NicQuitter mobile application ("App") or website ("Website") (collectively, the "Service"), you ("User," "you," or "your") agree to be bound by these Terms and Conditions ("Terms," "Terms of Service," or "Agreement").

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICE.

By using NicQuitter, you represent that:

•You are at least 18 years of age

•You have the legal capacity to enter into this binding agreement

•You will comply with all applicable laws and regulations

•All information you provide is accurate and truthful

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2. DESCRIPTION OF SERVICE

2.1 What NicQuitter Provides

NicQuitter is a digital health and wellness platform designed to help users quit smoking, vaping, and other nicotine products. The Service includes:

Core Features:

•Health tracking and recovery timelines based on medical research

•AI-powered craving support and personalized coping strategies

•Progress analytics, insights, and milestone tracking

•Mood tracking and emotional wellness tools

•Gamification features including achievements, rewards, and challenges

•Journal and reflection tools

•Breathing exercises and stress management techniques

•Savings calculator and financial goal setting

•Community support resources

Premium Features (Subscription Required):

•Unlimited AI conversation sessions

•Advanced analytics and detailed insights

•Voice-to-text journaling capabilities

•Priority customer support

•Custom app themes and personalization

•Data export functionality

•Ad-free experience (note: free version contains no ads)

2.2 Service Availability

The Service is provided on an "as is" and "as available" basis. We strive to maintain continuous availability but do not guarantee:

•Uninterrupted or error-free service

•Freedom from viruses or harmful components

•Accuracy or reliability of information

•That defects will be corrected

Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

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3. MEDICAL DISCLAIMER AND LIMITATIONS

3.1 Not Medical Advice

IMPORTANT: PLEASE READ CAREFULLY

NicQuitter is a wellness, motivational, and educational tool. IT IS NOT:

•A medical device

•A substitute for professional medical advice, diagnosis, or treatment

•A clinical treatment program

•Approved or endorsed by the FDA or any medical regulatory body

3.2 Health Information Disclaimer

The health recovery timelines, statistics, and information provided are:

•Based on general scientific research and published studies

•For educational and motivational purposes only

•Not personalized medical recommendations

•Subject to significant individual variation

Individual results WILL vary based on factors including:

•Age and overall health

•Duration and intensity of nicotine use

•Genetic factors

•Lifestyle and environmental factors

•Concurrent health conditions

3.3 Medical Consultation Required

YOU MUST:

•Consult with a qualified healthcare provider before making health decisions

•Seek professional medical advice if experiencing withdrawal symptoms

•Contact emergency services (911 in US) for medical emergencies

•Not rely solely on NicQuitter for health-related decisions

3.4 No Liability for Health Outcomes

We expressly disclaim any liability for:

•Health outcomes resulting from app use

•Failure to quit or relapse

•Withdrawal symptoms or side effects

•Decisions made based on app information

•Any health-related consequences of using or not using the Service

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4. USER ACCOUNTS AND REGISTRATION

4.1 Account Creation

To access certain features, you must create an account by providing:

•Valid email address

•Secure password

•Accurate registration information

4.2 Account Security

You are responsible for:

•Maintaining confidentiality of your account credentials

•All activities that occur under your account

•Notifying us immediately of unauthorized access or security breaches

•Using strong, unique passwords

We are not liable for any loss or damage from unauthorized account access resulting from your failure to maintain security.

4.3 Account Integrity

You agree to:

•Provide accurate, current, and complete information

•Update information promptly when it changes

•Not create accounts using false or misleading information

•Not create multiple accounts to circumvent restrictions

•Not share or transfer your account to others

•Not impersonate another person or entity

4.4 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for:

•Violation of these Terms

•Fraudulent, illegal, or abusive behavior

•Extended periods of inactivity (12+ months)

•Any reason at our sole discretion

You may delete your account at any time through the app settings. Upon deletion:

•Your personal data will be permanently removed within 30 days

•Active subscriptions will be canceled per platform policies

•You forfeit any unused virtual coins or in-app credits

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5. ACCEPTABLE USE POLICY

5.1 Prohibited Activities

You agree NOT to:

Technical Violations:

•Reverse engineer, decompile, or disassemble the app

•Attempt to extract source code or proprietary algorithms

•Use automated systems (bots, scrapers) to access the Service

•Attempt to gain unauthorized access to our systems or networks

•Interfere with, disrupt, or harm the Service or servers

•Bypass or circumvent security measures or access controls

•Introduce viruses, malware, or harmful code

Content Violations:

•Post or transmit illegal, harmful, or offensive content

•Harass, threaten, or harm other users

•Impersonate others or misrepresent your identity

•Violate intellectual property rights

•Collect or store personal data of other users

Commercial Violations:

•Use the Service for unauthorized commercial purposes

•Resell or redistribute the Service or content

•Frame or mirror any part of the Service without permission

•Use the Service to compete with NicQuitter

Account Violations:

•Share your account credentials with others

•Create accounts using false information

•Maintain multiple accounts to evade restrictions

•Use the Service if previously banned

5.2 Enforcement

Violations may result in:

•Warning or notification

•Temporary suspension

•Permanent account termination

•Legal action if necessary

•Reporting to law enforcement for illegal activities

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6. SUBSCRIPTIONS AND PAYMENTS

6.1 Pricing and Plans

NicQuitter offers the following premium subscription options:

Monthly Premium: $4.99 per month (billed monthly)

Annual Premium: $29.99 per year (billed annually, saves 50%)

Lifetime Premium: $9.99 one-time payment (limited time offer)

Virtual Currency (Coins):

•500 Coins: $0.99

•1,200 Coins: $1.99

•3,000 Coins: $3.99

•7,500 Coins: $7.99

Prices are in USD and may vary by region. All prices are subject to change with notice.

6.2 Payment Processing

Payments are processed through:

•Apple App Store (iOS)

•Google Play Store (Android)

•RevenueCat (subscription management)

You agree to pay all applicable fees and taxes. Payment information is handled by these third-party processors—we do not store your payment card details.

6.3 Automatic Renewal

Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. You will be charged for renewal at the then-current subscription rate.

To cancel:

•iOS: Settings → [Your Name] → Subscriptions → NicQuitter → Cancel

•Android: Play Store → Menu → Subscriptions → NicQuitter → Cancel

Cancellation takes effect at the end of the current billing period. You retain access until then.

6.4 Refund Policy

Generally, no refunds are provided for:

•Partial subscription periods

•Unused portions of subscription terms

•Dissatisfaction with the Service

•Failure to cancel before renewal

Refunds may be granted at our sole discretion for:

•Technical issues preventing service access

•Unauthorized charges (report within 30 days)

•Billing errors

All refund requests must go through the respective app store (Apple or Google), as they control the payment relationship.

6.5 Free Trial (If Applicable)

If we offer a free trial:

•Trial terms will be clearly disclosed at sign-up

•You must cancel before trial ends to avoid charges

•One trial per user (new users only)

•We reserve the right to revoke trials for abuse

6.6 Virtual Currency

Coins and virtual items:

•Have no real-world monetary value

•Are non-refundable and non-transferable

•Cannot be exchanged for cash or credit

•Expire upon account deletion

•May be modified or discontinued at any time

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7. INTELLECTUAL PROPERTY RIGHTS

7.1 Our Ownership

All aspects of the Service, including but not limited to:

•Software code and architecture

•User interface and design elements

•Text, graphics, logos, icons, and images

•Audio, video, and multimedia content

•Algorithms and proprietary methodologies

•Trademarks, service marks, and trade names

•All improvements, modifications, and derivatives

Are owned by or licensed to NicQuitter and protected by:

•United States and international copyright laws

•Trademark laws

•Patent laws

•Trade secret laws

•Other intellectual property rights

7.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable, revocable license to:

•Download and install the App on your personal devices

•Access and use the Service for personal, non-commercial purposes

•View and interact with content as intended

You MAY NOT:

•Copy, modify, or create derivative works

•Sell, rent, lease, or sublicense the Service

•Remove copyright, trademark, or proprietary notices

•Use the Service for commercial purposes without permission

7.3 User-Generated Content

You retain ownership of content you create (journal entries, notes, mood logs, etc.).

By using the Service, you grant us a license to:

•Store, process, and display your content

•Use anonymized, aggregated data for analytics and improvements

•Back up your content for data recovery purposes

You represent and warrant that your content:

•Does not violate any third-party rights

•Does not violate laws or regulations

•Does not contain harmful or illegal material

We reserve the right to:

•Remove content that violates these Terms

•Refuse to store or process certain content types

•Terminate accounts for repeated violations

7.4 Feedback and Suggestions

If you provide feedback, suggestions, or ideas:

•We may use them without any obligation to you

•No compensation is owed for such submissions

•You grant us perpetual, worldwide rights to implement ideas

•You waive any claims to ownership or credit

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8. AI-GENERATED CONTENT AND LIMITATIONS

8.1 AI Service Providers

NicQuitter uses third-party artificial intelligence services:

•OpenAI (GPT models)

•Anthropic (Claude models)

•Grok (xAI models)

When you use AI features, your inputs are processed by these providers.

8.2 AI Content Disclaimer

AI-generated responses:

•Are automated and may contain errors or inaccuracies

•Should not be relied upon as professional advice

•May not always be appropriate for your situation

•Reflect limitations of current AI technology

•Are not reviewed or verified by humans before display

8.3 User Responsibility

You agree to:

•Use your own judgment when following AI suggestions

•Not rely solely on AI for important decisions

•Verify information from authoritative sources

•Recognize AI limitations and potential biases

8.4 No Liability for AI Content

We are not liable for:

•Accuracy or appropriateness of AI responses

•Decisions made based on AI-generated content

•Misunderstandings or misinterpretations

•Technical failures or AI service outages

•Any harm resulting from AI interactions

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9. PRIVACY AND DATA PROTECTION

9.1 Privacy Policy Incorporation

Your use of the Service is governed by our Privacy Policy, incorporated by reference into these Terms. Please review the Privacy Policy at: [INSERT PRIVACY POLICY URL]

9.2 Data Collection and Use

We collect and use data as described in the Privacy Policy, including:

•Personal information (email, name)

•Health and usage data

•Device and technical information

•Communication data

9.3 Data Storage

Your data is stored:

•Locally on your device (encrypted)

•In cloud services (Supabase) with encryption

•Temporarily by AI providers during processing

9.4 Your Data Rights

You have the right to:

•Access your personal data

•Correct inaccurate information

•Delete your account and data

•Export your data (Premium feature)

•Opt out of certain data collection

Exercise these rights through app settings or by contacting privacy@nicquitter.com.

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10. DISCLAIMERS AND WARRANTIES

10.1 "AS IS" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

•Warranties of merchantability

•Fitness for a particular purpose

•Non-infringement

•Accuracy, reliability, or completeness

•Quiet enjoyment

•Title

10.2 No Guarantee of Results

We do not warrant or guarantee:

•That you will successfully quit smoking or vaping

•Specific health improvements or outcomes

•Error-free or uninterrupted service

•Security against unauthorized access

•Compatibility with all devices or systems

•That defects will be corrected

10.3 Third-Party Services

We are not responsible for:

•Third-party services or websites we link to

•Actions or policies of Apple, Google, RevenueCat, or other partners

•AI provider accuracy or availability

•Internet service or connectivity issues

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11. LIMITATION OF LIABILITY

11.1 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NICQUITTER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:

Indirect Damages:

•Indirect, incidental, or consequential damages

•Special, punitive, or exemplary damages

•Loss of profits, revenue, or business opportunities

•Loss of data or information

•Cost of substitute services

Direct Damages:

•ANY DAMAGES EXCEEDING THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM

•FOR FREE USERS: LIABILITY LIMITED TO $100 USD

11.2 Health-Related Limitations

We are specifically NOT LIABLE for:

•Health outcomes or consequences of using the Service

•Failure to quit or relapse events

•Withdrawal symptoms or side effects

•Decisions made based on app information or AI responses

•Delays in accessing information during critical moments

11.3 Exceptions

Some jurisdictions do not allow limitation of certain warranties or liability. In such cases, our liability is limited to the maximum extent permitted by law.

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12. INDEMNIFICATION

12.1 Your Agreement to Indemnify

You agree to indemnify, defend, and hold harmless NicQuitter, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

•Your use or misuse of the Service

•Violation of these Terms

•Violation of any third-party rights

•Violation of applicable laws or regulations

•Your content or data

•Unauthorized access due to your negligence

•Any harm to third parties caused by your actions

12.2 Defense and Settlement

We reserve the right to:

•Assume exclusive defense and control of any matter subject to indemnification

•Require your cooperation in defending claims

•Settle claims at our discretion (you must comply with settlements)

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13. DISPUTE RESOLUTION

13.1 Governing Law

These Terms are governed by the laws of [YOUR STATE/COUNTRY], without regard to conflict of law principles.

13.2 Informal Resolution

Before filing a claim, you agree to contact us at legal@nicquitter.com to attempt informal resolution. We'll work in good faith to resolve disputes within 60 days.

13.3 Arbitration Agreement (Optional - Consult Lawyer)

[IF YOU WANT MANDATORY ARBITRATION, INSERT ARBITRATION CLAUSE HERE. EXAMPLE:]

Any dispute arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in [YOUR CITY/STATE], and judgment on the award may be entered in any court having jurisdiction.

YOU WAIVE YOUR RIGHT TO:

•Jury trial

•Class action participation

•Court litigation (except as noted below)

13.4 Exceptions to Arbitration

Either party may bring suit in court for:

•Intellectual property disputes

•Small claims court matters (under jurisdictional limits)

•Injunctive relief to prevent immediate harm

13.5 Jurisdiction and Venue

For disputes not subject to arbitration, you consent to exclusive jurisdiction and venue in the state and federal courts located in [YOUR COUNTY, STATE].

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14. TERM AND TERMINATION

14.1 Term

These Terms begin when you first use the Service and continue until terminated by either party.

14.2 Termination by You

You may terminate at any time by:

•Deleting your account through app settings

•Uninstalling the app

•Ceasing use of the Service

14.3 Termination by Us

We may suspend or terminate your access immediately, without notice, for:

•Violation of these Terms

•Fraudulent or illegal activity

•Abusive behavior toward staff or users

•Extended inactivity (12+ months)

•Any reason at our discretion

14.4 Effect of Termination

Upon termination:

•Your license to use the Service ends immediately

•You must stop all use and uninstall the app

•Your data will be deleted per our Privacy Policy

•Active subscriptions will be canceled per platform rules

•Unused virtual currency is forfeited

•Sections that by nature should survive will remain in effect

14.5 Survival

The following sections survive termination:

•Intellectual Property Rights

•Disclaimers and Warranties

•Limitation of Liability

•Indemnification

•Dispute Resolution

•General Provisions

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15. MODIFICATIONS TO TERMS

15.1 Right to Modify

We reserve the right to modify these Terms at any time. Changes may be necessary due to:

•Legal or regulatory requirements

•Service updates or new features

•Security or operational needs

•Business model changes

15.2 Notice of Changes

We will notify you of material changes by:

•In-app notification

•Email to your registered address

•Posting updated Terms with new "Last Updated" date

•Prominent notice on our website

15.3 Acceptance of Changes

Your continued use of the Service after changes constitutes acceptance. If you do not agree to modified Terms:

•Stop using the Service immediately

•Delete your account

•Contact us with concerns

15.4 Material Changes

For significant changes (e.g., dispute resolution, liability), we will provide at least 30 days' notice before the changes take effect.

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16. GENERAL PROVISIONS

16.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and NicQuitter regarding the Service, superseding all prior agreements.

16.2 Severability

If any provision is found invalid or unenforceable, that provision will be modified to the minimum extent necessary, and all other provisions remain in full effect.

16.3 Waiver

Our failure to enforce any right or provision is not a waiver of that right. Waivers must be in writing to be effective.

16.4 Assignment

You may not assign or transfer these Terms or your account. We may assign these Terms to any affiliate or successor without restriction.

16.5 No Agency

No agency, partnership, joint venture, or employment relationship is created by these Terms.

16.6 Force Majeure

We are not liable for failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16.7 Headings

Section headings are for convenience only and do not affect interpretation.

16.8 Language

These Terms are drafted in English. Any translations are for convenience only—the English version controls.

16.9 Export Compliance

You agree to comply with all export laws and regulations. You represent that you are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country.

16.10 Apple and Google Terms

iOS Users: You acknowledge that:

•These Terms are between you and NicQuitter, not Apple

•Apple has no obligation regarding the Service

•Apple is not responsible for maintenance or support

•Apple is not liable for any claims related to the App

•Apple is a third-party beneficiary of these Terms

Android Users: You agree to comply with Google Play's terms of service.

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17. CONTACT INFORMATION

17.1 General Inquiries

Email: support@nicquitter.com

Response Time: Within 2 business days

17.2 Legal and Terms Questions

Email: legal@nicquitter.com

Subject Line: "Terms of Service Inquiry"

17.3 Privacy Inquiries

Email: privacy@nicquitter.com

Subject Line: "Privacy Question" or "Data Request"

17.4 Mailing Address

[Your Company Legal Name]

[Street Address]

[City, State ZIP Code]

[Country]

17.5 Support

For technical support, use the Support screen in the app settings or email support@nicquitter.com.

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18. ACKNOWLEDGMENT AND ACCEPTANCE

BY USING NICQUITTER, YOU ACKNOWLEDGE THAT:

1.You have read and understood these Terms in their entirety

2.You agree to be bound by these Terms and the Privacy Policy

3.You are at least 18 years of age

4.You have the legal capacity to enter into this agreement

5.You understand that NicQuitter is not medical advice or treatment

6.You will consult healthcare professionals for medical decisions

7.You accept all risks associated with using the Service

8.You understand that results are not guaranteed

IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

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Document Version: 1.0

Effective Date: October 10, 2025

Last Updated: October 10, 2025

Next Review Date: October 10, 2026

TERMS AND CONDITIONS FOR NICQUITTER