Effective Date: 2024-12-19
These Terms of Use (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and Vapeless (“Company,” “we,” “us,” or “our”), concerning your access to and use of the VapeLess mobile application and related services (“App”) and website https://vapeless.io (collectively, the “Services”).
By accessing or using the Services, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree, you are expressly prohibited from using the Services and must discontinue use immediately.
Eligibility
The Services are intended for users who are at least 18 years old. If you are a minor in your jurisdiction (typically under 18), parental or guardian consent is required.
Certain features, including any tracking or community functions, may require you to confirm that you meet the minimum age requirements before use. You agree that any information you provide to prove eligibility is accurate and truthful.
Canadian and U.S. Compliance
The Services are operated from Canada but are accessible in the United States through app stores. By using the Services, you acknowledge that your data may be processed in Canada and/or the United States.
It is your responsibility to ensure that your use of the Services complies with all applicable laws in your jurisdiction.
You understand that laws and regulations regarding nicotine use, vaping cessation, health disclosures, and data privacy may differ between Canada and the U.S. It is your responsibility to comply with all applicable local, state, provincial, and federal laws when using the Services. You also agree to comply with all applicable export control laws and not to use the Services from any jurisdiction where it is restricted or illegal.
Intellectual Property Rights
All content within the Services, including but not limited to text, graphics, software, and trademarks (“Content”), is owned or licensed by VapeLess and protected under Canadian, U.S., and international intellectual property laws.
You are granted a limited, non-transferable license to access the Services for personal use only. Unauthorized use, reproduction, or distribution of the Content is prohibited.
Any third-party trademarks, service marks, or other materials appearing on the Services remain the property of their respective owners, and use of such materials does not imply endorsement by or affiliation with VapeLess.
Intellectual Property Rights
You agree not to:
1. Use the Services for unlawful or unauthorized purposes.
2. Reverse-engineer, decompile, or tamper with the Services’ software.
3. Interfere with the security features of the Services.
4. Exploit the Services for unauthorized commercial purposes.
5. Upload harmful content, such as viruses or malware.
You also agree not to use any automated system, software, or device to access the Services for the purpose of extracting data without our prior written permission.
Intellectual Property Rights
You may submit reviews, feedback, or other content (“User Content”). By doing so, you grant VapeLess a perpetual, non-exclusive, royalty-free license to use, modify, and distribute such content.
You are responsible for your User Content and agree not to post anything that violates applicable laws or infringes on the rights of others.
You represent and warrant that you have all necessary rights to the User Content you submit and that its submission does not violate any intellectual property rights, privacy rights, or any other rights of third parties.
Disclaimers
The Services are provided “as is” and “as available” without warranties of any kind. VapeLess disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
While we strive for accuracy, we do not guarantee that the data, including puff tracking, nicotine intake estimates, or other informational content provided, is error-free, complete, or reliable. VapeLess is not responsible for the actions of other users, including any advice or support you may receive from them through community features.
Limitation of Liability
To the maximum extent permitted by law, VapeLess is not liable for any indirect, incidental, or consequential damages arising from your use of the Services. This includes, but is not limited to, loss of data, revenue, or business opportunities.
In jurisdictions that do not allow limitations of liability, our liability will be limited to the greatest extent permitted by law.
No Medical Advice
The Vapeless Services are designed to assist users in reducing or quitting vaping by providing tracking tools, insights, and community support. However:
1. Not a Substitute for Professional Advice: VapeLess is not a medical service and does not provide medical advice, diagnosis, or treatment.
2. Consult Healthcare Professionals: You should consult a qualified healthcare provider for personalized advice regarding your health, including strategies to quit vaping.
3. No Guarantees: VapeLess does not guarantee results, as outcomes may vary based on individual circumstances.
4. Use at Your Own Risk: Your use of the Services is voluntary and at your own risk. VapeLess is not liable for any harm or adverse outcomes related to your use of the Services.
The Services are not regulated or reviewed by Health Canada, the U.S. Food and Drug Administration (FDA), or any other regulatory body. Information provided is for general informational purposes only and should not be construed as medical guidance.
In-App Purchases and Payment Handling
Some features of the Services may be offered on a paid or subscription basis (“Paid Services”). All payments for in-app purchases or subscriptions are processed through Apple’s App Store or Google Play Store and are subject to their respective terms and conditions. By making any in-app purchase, you agree to comply with the App Store or Google Play Store payment policies, including any rules regarding refunds, cancellations, and recurring billing. VapeLess does not handle your payment information directly and does not assume liability for any issues arising from the payment process. If you have questions regarding billing, refunds, or unauthorized charges, you should contact the applicable app store support. VapeLess reserves the right to change pricing, introduce new fees, or modify subscription terms at its sole discretion with prior notice. Your continued use of the Paid Services after any price or terms change indicates your acceptance of these changes.
Governing Law and Dispute Resolution
These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada.
Dispute Resolution
1. Informal Resolution: Parties agree to attempt informal resolution of disputes by contacting Vapeless at support@vapeless.io.
2. Binding Arbitration (Canada): If informal resolution fails, disputes will be resolved through arbitration in accordance with the rules of the Canadian Arbitration Association (CAA). The arbitration will take place in Montreal, Quebec.
For U.S. users, arbitration may be conducted in compliance with equivalent rules in the United States.
3. Exceptions: Intellectual property disputes or claims for injunctive relief may be resolved in courts of competent jurisdiction.
Termination
VapeLess reserves the right to terminate your access to the Services for any violation of these Terms or applicable laws.
Upon termination, all licenses and rights granted to you will cease immediately. You understand that termination may result in the deletion of your User Content and personal data, subject to our Privacy Policy.
Privacy Policy
By using the Services, you agree to VapeLess’s Privacy Policy, which explains how we collect, use, and store your personal data.
You acknowledge that by adding friends or participating in community features, you are sharing certain information and you do so at your own discretion. You must have the necessary consents and permissions to share any third party’s information within the Services.
Contact Us
For questions or concerns, please contact us at:
- Email: support@vapeless.io
- Mailing Address: 64 Rue Saint-Paul O, Montreal, QC H2Y 4B8, Canada
If you have any questions or comments regarding these Terms or the Services, we encourage you to reach out to our support team for clarification.
