Terms of Service

1. Definitions

"DGMA" or "Provider" means DGMA, with registered office at Unit 1603, 16th Floor, The L. Plaza, 367-375 Queen's Road Central, Sheung Wan, Hong Kong (HK). "Service" means the EndingSmoke application and website, accessible via web and mobile devices. "User" means anyone who creates an account or uses the Service. "Subscription" means a paid plan (monthly, yearly, or lifetime) that unlocks the premium features of the Service.

2. Acceptance and changes

By creating an account or using the Service, the User declares that they have read, understood and accepted these Terms. DGMA reserves the right to modify the Terms at any time; changes will take effect upon publication on the Service. For material changes (e.g. price changes, reduction of features) at least 30 days' notice will be given by email or in-app notice.

3. Service description

EndingSmoke is an application that supports the smoke cessation journey. It offers tools such as live counters, evidence-based medical milestones, craving management, savings goals, consumption pattern analysis, and educational content. The Service is provided "as is" as a wellness application and does not constitute a medical device under EU Regulation 2017/745.

4. User account

To access the Service it is necessary to create an account by providing name, email, and password (or by using Google authentication). The User accepts the following conditions:

• Minimum age: 16 to use the free Service; 18 (or the age of majority in your country) to subscribe to paid plans. Minors must obtain consent from the holder of parental responsibility.
• Provide truthful, accurate and up-to-date information. The use of false identities or falsified data may result in account suspension.
• Maintain the confidentiality of credentials. The User is responsible for any activity carried out via their account; in the event of suspected unauthorized access they must notify us immediately.

5. Medical disclaimer

EndingSmoke is not a medical device and does not replace the advice, diagnosis, or therapy of a qualified doctor. The content, medical milestones, and insights provided have informational and motivational purposes and are based on public clinical evidence (CDC, NHS, ISS, WHO). If you are experiencing severe symptoms, persistent relapses, acute withdrawal syndrome, or thoughts of self-harm, contact your family doctor, a quit-smoking clinic, or emergency services (112 in the EU, 911 in the US) immediately.

6. Acceptable use

The User undertakes to use the Service lawfully and in compliance with these Terms. In particular, it is prohibited to:

• reverse engineer, decompile, disassemble or attempt to extract the source code of the Service;
• share your account with third parties, resell access to the Service, or exploit it for unauthorized commercial purposes;
• use the Service for illegal, fraudulent activities, infringement of third-party rights, or to spread malware, spam, or harassing content;
• use bots, crawlers, scrapers, or other automated systems to access or extract data from the Service without express written authorization.

7. Intellectual property

All content of the Service (text, graphics, logos, icons, trademarks, software, databases, blog articles) is the exclusive property of DGMA or its licensors and is protected by Italian and international copyright and intellectual property laws. DGMA grants the User a limited, non-exclusive, non-transferable, and revocable license to access and personally use the Service in accordance with these Terms.

8. Paid subscriptions

The Service is available in free mode with a set of basic features. Advanced features are accessible through subscription to a paid plan.

8.1 Plans and prices

The currently available plans are:

• Monthly Plan: € 3,00/mese
• Yearly Plan: € 20,00/anno
• Lifetime Plan: € 50,00 una tantum

8.2 Free trial period

New subscribers to the Monthly or Yearly plans receive a 30-day free trial period. During the trial no charge is made. At the end of the 30 days the subscription automatically converts to the paid plan at the stated price, unless renewal is deactivated before expiration. The trial period is available only once per User and does not apply to the Lifetime plan.

8.3 Automatic renewal

The Monthly and Yearly plans automatically renew at the end of each period, at the then-current price, via the associated payment method. Renewal is managed by Stripe Payments Europe Ltd. The User will receive an invoice/receipt at the registered email address for each charge.

8.4 Cancelling automatic renewal

The User can deactivate automatic renewal at any time from the "Profile > Manage subscription" section of the Service, which opens the Stripe Billing portal. Deactivation takes effect at the end of the period already paid: access to premium features continues until the natural expiration date, without further charges. The cancellation procedure is at least as easy as the subscription procedure, in compliance with Directive (EU) 2019/2161.

8.5 Lifetime Plan

The Lifetime plan involves a one-time payment and grants access to premium features for the entire duration of the Service's existence, meaning the commercial operation of EndingSmoke. It is not subject to renewals or further charges. In the event of Service discontinuation, DGMA shall not be required to issue a pro-rata refund of the amount paid, except as required by applicable mandatory law.

8.6 Price changes

DGMA reserves the right to change subscription prices with at least 30 days' notice by email. Price changes do not apply to the current subscription period, but only to subsequent renewals. In the event of an increase, the User can deactivate renewal before expiration to avoid the new price.

9. Right of withdrawal (EU consumers)

Pursuant to Articles 52-58 of Italian Legislative Decree 206/2005 (Consumer Code), as a consumer residing in the European Union you have the right to withdraw from the contract within 14 days of purchase, without giving reasons and without penalty. However, by accepting these Terms and giving explicit consent to the immediate provision of the digital Service, you acknowledge that you lose the right of withdrawal as soon as you begin using the premium features (art. 59, par. 1, lett. o), Consumer Code). To exercise withdrawal within 14 days and before starting use, write to [email protected] indicating your request.

10. Refund policy

Beyond the right of withdrawal, no refunds are provided for unused subscriptions, partial periods, or Lifetime plans. However, we will evaluate reasonable refund requests (e.g. technical billing errors, unauthorized charges, serious Service malfunctions) on a case-by-case basis. Requests should be submitted to [email protected] within 30 days of the disputed charge.

11. Account deletion

The User can request account deletion at any time from the Profile section of the Service. Deletion is effective immediately; data is retained for 30 days in read-only mode to allow restoration, after which it is permanently deleted. Account deletion does not automatically entitle the User to a refund of subscriptions in progress.

12. Suspension or termination of the Service by DGMA

DGMA reserves the right to suspend or terminate the User's account, with or without notice, in the event of violation of these Terms, suspected fraudulent use, payment fraud, or attempts to compromise the security of the Service. In the event of legitimate suspension for violation, current subscriptions will not be refunded.

13. Warranties and disclaimers

The Service is provided "as is" and "as available", without express or implied warranties of any kind regarding accuracy, reliability, fitness for a specific purpose, or uninterrupted availability. While we strive to keep the Service active and functioning, we do not warrant that it will be free from errors, bugs, or temporary interruptions due to maintenance, updates, or technical events.

14. Limitation of liability

To the extent permitted by applicable law, DGMA shall not be liable for indirect, incidental, special, or consequential damages (including, by way of example, loss of profits, relapses in tobacco consumption, health consequences, loss of data) arising from the use or inability to use the Service. In any event, DGMA's aggregate liability towards the User shall not exceed the amount actually paid by the User in the 12 months preceding the harmful event. Nothing in these Terms excludes liability for willful misconduct, gross negligence, death, or physical injury caused by negligence.

15. Force majeure

DGMA shall not be liable for delays or failures due to events beyond its reasonable control, including by way of example: natural disasters, pandemics, wars, acts of terrorism, strikes, blackouts, cyber attacks, interruptions of third-party services (e.g. hosting, payment processor).

16. Changes to the Service

DGMA reserves the right to modify, suspend, or discontinue all or part of the Service at any time. For material changes that impact premium features or Service availability, reasonable notice will be provided. No obligation to maintain specific features or content is owed.

17. Applicable law and jurisdiction

These Terms are governed by Italian law. For any dispute arising from these Terms, the Court of Milan has exclusive jurisdiction, except when the dispute is initiated by a consumer: in such case the mandatory consumer forum rule applies (place of residence or domicile of the consumer) pursuant to art. 66-bis of the Italian Consumer Code. Consumers may also use the European Online Dispute Resolution (ODR) platform: <a href="https://ec.europa.eu/consumers/odr" class="text-emerald-600 hover:underline">ec.europa.eu/consumers/odr</a>.

18. Contact

For any question regarding these Terms, write to [email protected].