Terms of Service – UnSmokr App

Last updated: [23.03.2026]

These Terms of Service (“Terms”) govern your access to and use of the UnSmokr mobile application (the “Application” or “Service”), developed and operated by MyCloud SRL (“we”, “us”, “our”).

By downloading, installing, or using the Application, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Application.

These Terms should be read in conjunction with our Privacy Policy and Disclaimer, which together form the complete legal framework governing your use of the Application.

1. Service Description

UnSmokr is a self-improvement application designed to support users who wish to reflect on their daily routines, track personal habits, and explore positive change at their own pace.

The Application provides tools such as:

habit tracking and personal statistics
motivational audio sessions (Mind Reset program)
breathing exercises
tips and reflections
reminders and notifications
progress indicators and achievements

The Service is intended for personal, non-commercial use only.

2. Not a Medical Service

UnSmokr is not a medical device and does not diagnose, treat, cure, or prevent any disease or medical condition.

The content provided through the Application:

does not constitute medical advice, diagnosis, or treatment
does not replace professional guidance of any kind
is intended for personal motivation and informational purposes only

No professional-client, provider-patient, or advisory relationship is created between you and MyCloud SRL through the use of the Application.

3. Eligibility

You must be at least 18 years old to use the Service. By using the Application, you represent and warrant that you are 18 years of age or older. UnSmokr is designed for adults who wish to change their smoking or nicotine habit and is not intended for use by minors. If we become aware that a user is under 18, we reserve the right to terminate their account and delete any associated data.

4. User Accounts

Users may create accounts using:

email address and password
Google Sign-In

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

You agree to provide accurate and complete information when creating your account. MyCloud SRL reserves the right to suspend or terminate accounts that contain false or misleading information.

5. Subscription and In-App Purchases

The Application may offer both free and premium features. Access to certain features may require a paid subscription or one-time in-app purchase.

5.1 Subscription Management

Subscriptions are processed and managed through the Google Play Store. By purchasing a subscription, you agree to Google Play’s terms of service and billing policies.

5.2 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel your subscription at any time through the Google Play Store settings on your device.

5.3 Refunds

Refund requests are handled by Google Play in accordance with their refund policies. MyCloud SRL does not directly process payments or issue refunds. For refund inquiries, please contact Google Play support.

5.4 Price Changes

We reserve the right to modify subscription pricing. Any price changes will be communicated in advance through the Google Play Store, and the new pricing will apply from the next renewal period. Continued use of the premium features after a price change constitutes acceptance of the new pricing.

5.5 No Outcome Guarantees

Purchasing a subscription does not guarantee any specific outcome or result. The availability, scope, and nature of premium features may change over time.

6. Acceptable Use

You agree not to:

(a) Use the Application for any unlawful purpose or in violation of any applicable local, national, or international law or regulation.

(b) Attempt to gain unauthorized access to the Application, its servers, databases, or any related systems or networks.

(d) Reproduce, distribute, publicly display, or create derivative works based on the Application or its content without prior written authorization.

(e) Interfere with or disrupt the integrity or performance of the Application or its infrastructure.

(f) Upload or transmit malicious code, viruses, or any other harmful technology.

(g) Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.

(h) Use the Application to collect, harvest, or store personal data of other users without their consent.

(i) Use the Application in any manner that could damage, disable, overburden, or impair the Service.

Violation of these terms may result in immediate suspension or permanent termination of your account, at our sole discretion, without prior notice or liability.

7. Intellectual Property

All content in the UnSmokr application, including but not limited to:

software code and architecture
visual design, user interface, and user experience elements
audio content, recordings, and scripts
written content, tips, and reflections
graphics, icons, logos, and trademarks
animations and visual effects

is the exclusive property of MyCloud SRL or its licensors and is protected by applicable copyright, trademark, patent, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the Application for personal, non-commercial purposes in accordance with these Terms. This license does not transfer any ownership rights to you.

Unauthorized reproduction, distribution, modification, public display, performance, or any other exploitation of the Application or its content is strictly prohibited and may result in civil and criminal penalties.

8. User-Generated Content

If the Application allows you to submit, post, or share content (such as testimonials, feedback, or community contributions), you retain ownership of your content but grant MyCloud SRL a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, adapt, publish, display, and distribute such content in connection with the Application and its promotion.

You represent and warrant that you own or have the necessary rights to the content you submit, and that such content does not violate the rights of any third party or any applicable law.

MyCloud SRL reserves the right to remove any user-generated content at its sole discretion, without prior notice or explanation.

9. Disclaimer of Warranties

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

To the maximum extent permitted by applicable law, MyCloud SRL expressly disclaims all warranties, including but not limited to:

implied warranties of merchantability and fitness for a particular purpose
warranties of non-infringement
warranties that the Application will be uninterrupted, timely, secure, or error-free
warranties regarding the accuracy, reliability, or completeness of any content
warranties that errors or defects will be corrected

No advice or information, whether oral or written, obtained from MyCloud SRL or through the Application shall create any warranty not expressly stated in these Terms.

10. Limitation of Liability

To the maximum extent permitted by applicable law, MyCloud SRL, its officers, directors, employees, affiliates, agents, contractors, and partners shall not be liable for any:

direct, indirect, incidental, special, consequential, or punitive damages
loss of profits, revenue, data, goodwill, or other intangible losses
damages resulting from your use of or inability to use the Application
damages resulting from any content, information, or tools provided through the Application
damages resulting from any decisions made or actions taken based on the Application
damages resulting from unauthorized access to or alteration of your data
damages resulting from any interruption, suspension, or termination of the Service

This limitation applies regardless of the legal theory under which damages are sought (contract, tort, negligence, strict liability, or otherwise), even if MyCloud SRL has been advised of the possibility of such damages.

In jurisdictions where limitations on liability for consequential or incidental damages are not permitted, MyCloud SRL’s total aggregate liability shall not exceed the amount you have paid to MyCloud SRL (if any) for use of the Application in the twelve (12) months preceding the event giving rise to the claim, or ten euros (€10), whichever is greater.

11. Indemnification

You agree to indemnify, defend, and hold harmless MyCloud SRL, its officers, directors, employees, affiliates, agents, and partners from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and costs) arising out of or related to:

(a) Your use of or access to the Application.

(b) Your violation of these Terms or any applicable law or regulation.

(d) Any content you submit, post, or share through the Application.

(e) Any personal, health, or lifestyle decisions you make following the use of the Application.

12. Service Availability and Modifications

We strive to keep the Service available, but we do not guarantee uninterrupted, secure, or error-free access to the Application.

MyCloud SRL reserves the right, at its sole discretion, to:

(a) Modify, update, or discontinue any feature or functionality of the Application at any time, with or without notice.

(b) Temporarily or permanently suspend access to the Application for maintenance, updates, or any other reason.

We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

13. Termination

13.1 Termination by You

You may stop using the Application at any time. You may delete your account through the in-app settings or by contacting us at contact@unsmokr.com. Active subscriptions must be cancelled separately through the Google Play Store to avoid continued billing.

13.2 Termination by Us

MyCloud SRL may suspend or terminate your account and access to the Application, at its sole discretion, without prior notice, if:

(a) You violate these Terms.

(b) Your conduct poses a risk to other users, to the Service, or to MyCloud SRL.

13.3 Effect of Termination

Upon termination, your right to use the Application ceases immediately. Sections of these Terms that by their nature should survive termination (including, without limitation, Sections 7, 9, 10, 11, and 16) shall continue in full force and effect.

14. Force Majeure

MyCloud SRL shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond its reasonable control, including but not limited to: natural disasters, war, terrorism, riots, government actions, network failures, power outages, cyber-attacks, or failures/suspensions of third-party service providers.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable and valid. The remaining provisions shall continue in full force and effect.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Romania and the applicable regulations of the European Union, without regard to conflict of law principles.

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in Romania.

For users residing in the European Union, nothing in these Terms shall affect your rights under mandatory consumer protection laws of your country of residence. In accordance with EU Regulation No. 524/2013, the European Commission provides an Online Dispute Resolution platform available at: https://ec.europa.eu/consumers/odr

Class Action Waiver.Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. By using the Application, you expressly waive your right to participate in a class action lawsuit or class-wide arbitration against MyCloud SRL.

17. Entire Agreement

These Terms, together with the Privacy Policy and Disclaimer, constitute the entire agreement between you and MyCloud SRL regarding the use of the Application. They supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties.

18. Waiver

The failure of MyCloud SRL to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by MyCloud SRL.

19. Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of MyCloud SRL. MyCloud SRL may assign its rights and obligations under these Terms to any affiliate or successor entity without your consent, provided that such assignment does not materially diminish your rights under these Terms.

20. Changes to These Terms

MyCloud SRL reserves the right to update or modify these Terms at any time. Changes will be reflected by updating the “Last updated” date at the top of this document.

For material changes, we will provide reasonable notice through the Application or via email to the address associated with your account. Continued use of the Application after the effective date of any changes constitutes your acceptance of the revised Terms.

If you do not agree to the updated Terms, you must stop using the Application and may delete your account.

21. Contact

If you have any questions or concerns about these Terms, please contact:

MyCloud SRL

Otopeni, Romania

Email: contact@unsmokr.com

By downloading, installing, or using the UnSmokr application, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.