Terms of Service

Last Updated: January 25, 2025

1. Introduction

Welcome to SmokeFree[X]. These Terms of Service ("Terms") govern your use of our website and services. By accessing or using SmokeFree[X], you agree to be bound by these Terms.

2. Definitions

"Service" refers to the SmokeFree[X] website and AI therapy platform.
"User," "You," and "Your" refer to the individual accessing or using the Service.
"Company," "We," "Us," and "Our" refer to SmokeFree[X].
"AI Coach" refers to our artificial intelligence system designed to provide craving management support.
"Conversation Data" refers to the content of interactions between users and our AI Coach.
"Subscription" refers to your paid access to our premium services.

3. Acceptance of Terms

By accessing or using our Service, you confirm that you accept these Terms and agree to comply with them. If you do not agree with these Terms, you must not use our Service.

4. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms.

5. User Accounts

When you create an account with us, you must provide accurate, complete, and current information. You are responsible for safeguarding your account credentials and for any activities or actions under your account.

6. Service Description

SmokeFree[X] provides an AI-powered coaching platform designed to help users manage and quit cravings from smoking, vaping, and nicotine. Our Service is not a replacement for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

7. Subscription and Billing

7.1 Subscription Plans

We offer the following subscription plans:

• Monthly Plan: €19.99 per month
• Annual Plan: €199.99 per year

7.2 Free Trial

New users are eligible for a 7-day free trial. You will not be charged during the trial period. After the trial ends, your subscription will automatically begin unless you cancel before the trial period expires.

7.3 Payment Processing

All payments are processed through secure third-party payment providers. By subscribing, you authorize us to charge your payment method on a recurring basis according to your chosen plan.

7.4 Refund Policy

We offer a 7-day money-back guarantee after your first payment. If you're not satisfied within the first 7 days of your paid subscription, you can request a full refund through your dashboard by clicking "Request Refund." Refunds are processed instantly and funds typically return to your account within 2-3 business days. No questions asked.

7.5 Cancellation

You can cancel your subscription at any time through your dashboard with one click. Upon cancellation, you will continue to have access to the Service until the end of your current billing period. No refunds are provided for partial billing periods after the 7-day money-back guarantee period.

7.6 Price Changes

We reserve the right to change our subscription prices. If we increase prices, we will provide you with at least 30 days' notice before the new price takes effect. Your continued use of the Service after the price change constitutes acceptance of the new price.

8. AI Coaching Conversations

8.1 Special Category Data

Your conversations with our AI Coach may contain information about your health, smoking habits, psychological state, and other personal details. This information may be considered "special category data" under applicable data protection laws, including the GDPR. By using our Service, you acknowledge that you are voluntarily sharing this information for the purpose of receiving personalized smoking cessation therapy.

8.2 AI Training and Improvement

We use anonymized conversation data to train, improve, and enhance our AI systems. This means that portions of your conversations with the AI Coach may be processed and analyzed to improve the quality, accuracy, and effectiveness of our Service. Before being used for training, all conversation data is processed to remove personally identifiable information.

8.3 Human Review

To ensure quality and improve our Service, a limited number of authorized personnel may review conversations between users and our AI Coach. These reviewers are bound by strict confidentiality agreements and follow secure data handling protocols. Human review is conducted for the purposes of:

• Evaluating and improving AI performance
• Identifying and correcting potential issues or inaccuracies
• Developing new features and capabilities
• Ensuring the AI provides safe and appropriate responses

8.4 Explicit Consent

Before beginning therapy sessions, we will ask for your explicit consent to:

• Process your health-related data for providing therapy services
• Use anonymized conversation data for AI model improvement
• Allow limited human review of conversations for quality assurance

You can withdraw this consent at any time through your account settings. However, withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.

8.5 Data Security

We implement advanced encryption and security measures to protect your sensitive conversation data. All conversations are encrypted in transit and at rest, and access to raw conversation data is strictly limited to essential personnel who require it to perform their job functions.

8.6 Limitations of AI Coaching

Our AI Coach is not a replacement for professional medical or psychological treatment. It is designed as a supportive tool to help with craving management. The AI Coach:

• Cannot diagnose medical conditions
• May not recognize emergency situations
• Provides general guidance that may not be suitable for all individuals
• Is not equipped to handle severe mental health issues

We do not guarantee specific outcomes from using our Service, and you should consult healthcare professionals for medical advice.

8.7 User Rights for Conversation Data

You have the right to:

• Access transcripts of your conversations with the AI Coach
• Request deletion of your conversation history
• Object to the use of your conversations for AI training
• Export your conversation data in a machine-readable format

To exercise these rights, visit the "Manage Your Data" section in your account settings or contact our Data Protection Officer at dpo@smokefreex.com.

8.8 Data Retention

We retain conversation data for 24 months after your last interaction with our Service. After this period, personally identifiable aspects of the data are permanently deleted, though anonymized insights may be retained for ongoing model improvement. If you delete your account, your conversation data will be anonymized within 30 days.

8.9 Legal Basis for Processing

We process your conversation data based on:

• Your explicit consent, which you provide before beginning therapy sessions
• The necessity to perform our service contract with you
• Our legitimate interest in improving our AI systems (for anonymized data only)

8.10 AI-Generated Advice Disclaimer

The advice and suggestions provided by our AI Coach are generated through automated means and may not be suitable for all individuals or circumstances. The AI Coach:

• Provides general guidance based on available information
• May not account for your complete medical history or specific circumstances
• Cannot replace professional medical advice

Users should exercise judgment when following AI-generated recommendations and seek professional advice for serious health concerns or if experiencing adverse effects during the smoking cessation process.

9. User Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, or other material. You are responsible for the content you post and its legality, reliability, and appropriateness.

10. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of SmokeFree[X] and its licensors. The Service is protected by copyright, trademark, and other laws.

11. Prohibited Uses

You may use our Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates any applicable law or regulation
• To transmit any material that is defamatory, obscene, or offensive
• To impersonate or attempt to impersonate the Company, a Company employee, or another user
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
• To attempt to probe, scan, or test the vulnerability of the AI system or to breach security measures
• To use the AI Coach for purposes other than craving management support

12. Limitation of Liability

In no event shall SmokeFree[X], its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.

13. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of the European Union and applicable member state law, without regard to its conflict of law provisions.

15. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service will be resolved through binding arbitration in accordance with the rules of the International Chamber of Commerce in Brussels, Belgium.

16. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms.

17. Contact Us

If you have any questions about these Terms, please contact us at:

Email: legal@smokefreex.com
Address: 123 Smoke Free Street, Health City, 12345