Terms of Use

These Terms of Use are a legal agreement between you and Offlinefirst LTD regarding the use of the mobile Smoxy App.

 1. Agreement to the terms of use

Please read the agreement carefully. By creating an account with us or accessing or using the app, you acknowledge that you are bound by the terms of this agreement and accept and agree to be bound by them.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE APP.

We may modify this Agreement at our sole discretion. We will notify you through the App or by providing you with a new version of this Agreement for your acceptance if we make changes that materially alter your rights.

Your continued use of the App after the effective date of an updated version of the Agreement constitutes your acceptance of the modified Agreement.


 2. Disclaimer on medical services

Our company is not a licensed medical service provider and the app does not replace professional medical advice. Furthermore, our app is not capable of diagnosing, treating or curing diseases and other medical conditions. We advise you to seek the advice of a trained physician before making any decisions and taking any action that could affect your health and safety or that of your loved ones or your fetus or baby. Never hesitate to seek professional medical advice just because you have read something related to the app. Always consult your doctor if you have questions or concerns regarding your health or condition. If you notice any changes in your health situation, please consult your doctor immediately. If you have a medical emergency, call the emergency number or go to the nearest emergency room.

We assume no liability for errors, omissions, unintentional technical inaccuracies and typing errors in the information provided.


 3. Registration and authorization

In order to use the app, you may be required to create an account and you may be asked to provide certain personal information, including your name, gender, pregnant, breastfeeding, activity level, location (weather), password and email address. This information will be kept in accordance with our Privacy Policy.

You agree to provide the Company with accurate and complete information and to update this information if it changes.

To create an account and access the App, you must be at least 13 years old (16 years old in the EU) and you may not be barred from using the App by applicable law.

If you are under 18 years of age, a parent or guardian must have read and agreed to the terms of this agreement, and by using the App, your parents acknowledge that a parent or guardian has read and agreed to this agreement.


 4. Your use of the app

Any content you enter through the app is governed by Offlinefirst's privacy policy. If there are any discrepancies between this Agreement and the Company's Privacy Policy, these terms will govern. If you submit a question or answer, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications in the public areas. The Company is not responsible for the consequences of any Public Area Communications. If you feel threatened or believe that another person is in danger, contact law enforcement authorities. If you think there is a medical emergency, call your doctor or the emergency line. As a condition of using this app, you agree not to use this app for any purpose that is prohibited by this agreement. You are responsible for all activities in connection with the App and must comply with all local, state, national and international laws and regulations and all applicable policies. You agree that you will be in material breach of this Agreement if you engage in any of the following actions and agree that you will NOT DO THE FOLLOWING:

a. resell, rent, lease, sublicense, distribute or otherwise transfer any rights in the App

b. change, modify, decompile or disassemble the App;

c. copy, adapt, alter, modify, modify, translate or create derivative works of the App without the Company's written consent;

d. permit any other person to use the App, including sharing over a network connection, except as provided in this Agreement;

e. circumvent or disable any technological features or measures of the App to protect intellectual property rights;

f. Use the App in connection with any device, program or service designed to circumvent technological measures designed to control access to or rights in a data set or other work protected under the copyright laws of any jurisdiction. This also applies to such attempts.

g. use or access the App to collect data in a manner that is or may be used by a competing product or service;

h. Use your account to display, market or transmit commercial advertising, including chain letters, junk email or repeated messages to other people;

i. Use your account to engage in illegal practices;

j. upload messages that restrict or infringe the rights of any party in order to transmit them;

k. Upload media of any kind that contains hate mail, abuse, abusive images or content, obscenity, pornography, sexually explicit material, or other material that could give rise to civil or criminal liability under applicable laws and regulations or otherwise conflict with this Agreement or the Company's Privacy Policy; or

l. Upload material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Site.

Any such prohibited use will result in the immediate termination of your authorization to use the App.


 5. Privacy of children and age restrictions

We are committed to protecting the privacy of children.

You should be aware that this app is not intended or designed for children under the age of 13. We do not collect personally identifiable information from anyone we know to be a child under the age of 13.

If you are a citizen of the European Union, you must be at least 16 years old to use the app. To the extent prohibited by applicable law, we do not allow European Union citizens under the age of 16 to use the App.

You must be at least 18 years old to use certain features of the App (e.g. some courses, content)


 6. Export controls and economic sanctions

The Software that supports the App may be subject to U.S. export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") administered by the U.S. Department of Commerce, trade and economic sanctions administered by the Office of Foreign Assets Control ("OFAC") of the Department of the Treasury, and the International Traffic in Arms Regulations ("ITAR") administered by the State Department. You represent and warrant that (1) you do not reside in a country or region subject to an embargo by the U.S. government, and (2) you do not belong to any of the prohibited groups identified in the regulations listed above.

You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any related technical data or any direct product thereof is exported or re-exported, directly or indirectly, in violation of such laws and regulations or for purposes prohibited by such laws and regulations.


 7. Use at your own risk

The app cannot and does not promise any health-related improvements or results. Your use of the App and any information, predictions or suggestions provided within the App is at your own risk. We make no representations or warranties of any kind about the accuracy of the data, information, estimates or predictions provided through the App. You agree and understand that the App is not intended to provide medical or scientific advice or serve the same purpose as a medical or scientific device.


 8. Exclusion of liability for use by minors

We carefully examine any material we make available to persons between the ages of 13 and 17 through the App to avoid inappropriate or harmful content. We make reasonable efforts to ensure that all materials provided by us on the App are factual and scientifically accurate.

Please note that individual ethical views on what is offensive or harmful to minors may differ from the requirements set forth for content that may be made available to minors under applicable law.


 9. Subscriptions

The mobile application offers the premium subscription, which gives you access to additional features such as access to all types of drinks, creation of individual drinks, analysis of drinking behavior, various challenges.

Some of our subscriptions include a free trial period during which you can use the mobile application at no cost. Subscriptions with a free trial automatically renew to a paid subscription when the trial period expires. If you wish to unsubscribe from a paid subscription before we charge according to your payment method, you must cancel the subscription before the trial period expires.

We offer monthly and annual subscription options. Your credit/debit card will be charged via your iTunes account or Google Play after you choose one of the subscriptions and confirm your purchase. Unless Auto Renew is disabled, paid subscriptions are automatically renewed until you disable this feature in the "Manage Subscriptions" section of your Account Settings. We will notify you when the price of a subscription is increased and contact you if necessary to agree to continue. You will be charged no earlier than 24 hours before the start of the latest paid subscription period.


 10. Passwords

You are responsible for taking all reasonable steps to ensure that no unauthorized person can access your App passwords and App account. It is your sole responsibility to (1) control the distribution and use of your login name, username, and passwords; (2) authorize, monitor, and control access to and use of your App account and password; (3) contact the Company immediately if you believe that your account or password has been compromised, or if there is any other reason you would like to disable your password Send us an email at hello@smoxy.app.

You grant the Company and any other person or entity involved in the operation of this App the right to transmit, monitor, access, store and use your information in connection with the operation of the App. The Company assumes no responsibility or liability for any information you provide or for your use or misuse of information or the use or misuse of information by third parties that is transmitted or received in connection with the operation of the App.


 11. Disclaimer/ Limitation of Liability

You use the services at your own risk. Offlinefirst is not liable and makes no warranty for any loss of use, errors or omissions in any information, software or other materials, including any user materials referenced or linked to the Services. The App is operated and controlled from multiple locations and the Company makes no representation that the App is appropriate for use in all locations. The App or certain features may not be available in your location, which may vary depending on your location.

In no event shall the Company, its officers, directors or employees be liable for any indirect, special, incidental, consequential or punitive damages. Except in cases of willful misconduct or gross negligence. To the extent permitted by law, Offlinefirst's aggregate liability for direct damages shall be limited to the lowest of the following amounts: Either the fees paid by the User or the fees paid by the User in the last calendar year or one hundred dollars $100.


 12. Third party services

The App may give you access to links to Internet sites, Apps and other third party products and services. Offlinefirst does not control the third party services and therefore assumes no liability in connection with the third party services. You must take your own steps to determine whether access to the Third Party Services is appropriate. To protect your personal information and privacy when using the Third Party Services and agreeing to the Agreement, you must take the necessary steps yourself.


 13. Your feedback

We are always happy to receive feedback on our App. Unless otherwise stated, any communications you send to us or post on App Stores will be considered non-confidential. You agree that we may publish such content at our sole discretion. You agree to authorize us to use such content free of charge and to make contextual revisions, modifications, adaptations and changes or make such other changes as we deem appropriate.


 14. Enforcement powers

We are not obliged to monitor access or use of the App. However, we reserve the right to do so for the purpose of operating and maintaining the App, ensuring compliance with this Agreement and complying with applicable laws. We may report illegal activities to law enforcement authorities and cooperate with law enforcement authorities in valid legal proceedings to prosecute users who break the law. We reserve the right, in our sole discretion, to remove content posted on the App or disable access to the App at any time, without notice, if we determine, in our sole discretion, that your content or use of the App is illegal or violates this Agreement.

The Company has no liability or responsibility to users of the App or any other person or entity for the performance or nonperformance of the activities described above.


 15. Changes of the app

We can change, extend and improve the app without prior notice. We may at any time suspend the operation of all or part of the App or selectively disable certain features of the App. Use of the App does not grant you any right to the continuous provision and availability of the App. Any modification or deletion of the App or certain features of the App will be done at our sole and absolute discretion and without further obligation or liability to you.


 16. Compensation

You agree to defend, indemnify and hold harmless the Company, its officers, directors and employees from and against any and all claims, actions and demands, liabilities and settlements, including but not limited to reasonable legal and consulting fees, arising or alleged to arise from any violation of this Agreement.


 17. Notification and removal procedures

If you believe that any material accessible on or through the App infringes your copyrights, you may request removal of such material from the App by contacting Offlinefirst and providing the following information:

Send us a detailed description of the copyrighted work that you claim has been infringed and a detailed description of where it is located on the App.

Also send us a statement that the information you have sent us is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf under penalty of perjury. We require a signature or electronic equivalent from the copyright owner or an authorized agent.

To protect the rights of copyright owners, the Company has a policy to exclude, in appropriate circumstances, subscribers and account holders from the site who repeatedly infringe the right.