Terms & Conditions

These General Terms and Conditions ("Terms") apply to the use of the mobile application "Quit Day" (the "App").

The App is operated by:

By downloading and using the App, the user agrees to these Terms, insofar as they are legally validly incorporated into the usage relationship.

The respective terms of use and contractual terms of Apple or Google additionally apply to downloading and using the Apple App Store or Google Play Store.

"Quit Day" is a digital application designed to support individuals who wish to reduce or stop their tobacco or nicotine consumption.

The App may provide functions including:

• Counting smoke-free days
• Calculating money saved
• Displaying personal progress
• Personal statistics
• Reminders and notifications
• Reduction plans
• Journal and note-taking functions
• Personal goals
• Informational and motivational content

The specific features available may vary depending on the App version and operating system used.

"Quit Day" serves exclusively for general information, motivation, self-monitoring, and support in changing one's own consumption behavior.

The App does not constitute medical, psychotherapeutic, or other medical advice.

The App's content specifically does not replace:

• A medical examination
• A diagnosis
• Medical treatment
• Psychotherapeutic treatment
• Individual consultation by qualified medical personnel

The health information and progress values displayed in the App are for informational purposes only.

For health complaints, severe withdrawal symptoms, or other medical questions, a physician or other qualified medical personnel should be consulted.

In case of acute medical emergencies, professional medical help must be sought immediately.

The App may only be used within the framework of applicable legal regulations.

The user is responsible for entering only content into the App whose use and processing is legally permissible.

Since essential personal data is processed locally on the end device, the user is responsible for securing their own device.

"Quit Day" can be used without registration and without a user account.

A display name entered within the App serves solely for local personalization and does not constitute a user account.

There is currently no possibility to create a public user profile or exchange personal data with other users via "Quit Day".

The App may be offered for a fee.

The current intended purchase price is:

€4.99 one-time payment.

This is a one-time purchase price. No recurring subscription is entered into.

The actual purchase process takes place via the respective App Store.

The respective business and usage terms of the Apple App Store or Google Play Store additionally apply to the purchase.

The final price, including any applicable taxes, will be displayed to the user prior to completing the purchase in the respective App Store.

Payment processing is carried out via the payment systems provided by Apple or Google through the respective App Store.

The operator of "Quit Day" does not receive complete credit card or bank account details of the user.

The respective privacy policies and terms of use of Apple or Google may additionally apply to payment processing.

Consumers within the European Union may have statutory rights of withdrawal.

For digital content, the right of withdrawal may expire prematurely under the statutory conditions if the consumer expressly agrees that performance of the contract will begin before the withdrawal period expires, and confirms that they thereby lose their right of withdrawal.

The specific handling of a withdrawal may depend on whether the purchase was completed via Apple or Google.

Statutory consumer rights remain unaffected.

We strive to keep "Quit Day" reliably and permanently available.

However, there is no entitlement to permanent, uninterrupted availability of the App, to the extent legally permissible.

Availability may be affected in particular by:

• Maintenance work
• Technical disruptions
• Operating system errors
• Issues with the respective App Store
• Device or network failures
• Force majeure or other events beyond our control

We reserve the right to further develop, modify, or discontinue individual functions.

We may further develop the App and, in particular, change functions, content, technical components, or the design.

Updates may be required to adapt the App to new operating system versions or technical requirements.

The user is responsible for keeping the App and their device's operating system up to date, insofar as this is necessary for use.

According to the current technical concept, personal user data is generally stored locally on the end device.

There is no cloud synchronization of personal App data operated by us.

In the event of loss, damage, reset, or replacement of the end device, locally stored data may be lost.

We provide no guarantee that locally stored data will be preserved under all circumstances.

The user should use the general backup functions of their device, insofar as these are available and suitable.

The App provides a function that allows the user to delete their locally stored personal App data.

After deletion, this data cannot be restored within the App, unless a corresponding operating system backup exists.

Since personal App data is not stored on our servers, there is generally no additional server-side deletion obligation for this data.

The App and its content, texts, graphics, designs, logos, software components, and other elements are, to the extent legally protected, the intellectual property of the operator or the respective rights holders.

The user does not acquire ownership of the software through use or purchase of the App.

The App may only be used within the framework of statutory regulations and the respective license terms.

Reproduction, editing, distribution, or public availability of the App or its essential components is only permitted to the extent legally allowed or expressly authorized.

The user must not, in particular:

• Use the App unlawfully
• Manipulate the App
• Technically alter or reverse-engineer the App, unless legally permitted
• Use the App to distribute unlawful content
• Circumvent security mechanisms
• Use the App for automated attacks or other abusive purposes

Mandatory statutory rights of the user remain unaffected.

We are liable without limitation for damages resulting from intent or gross negligence, as well as for damages arising from injury to life, body, or health.

In the case of slightly negligent breach of material contractual obligations, we are liable only for foreseeable damage typical for this type of contract.

Otherwise, liability for slightly negligent breaches of duty is excluded, to the extent legally permissible.

These limitations of liability do not apply where mandatory statutory liability provisions preclude them.

Use of "Quit Day" does not constitute a guarantee that the user will stop smoking or nicotine consumption, or reduce their consumption.

Success depends in particular on the individual situation, motivation, and behavior of the respective user.

We cannot guarantee any specific health, financial, or other outcome.

Calculations regarding money saved, cigarettes avoided, or similar figures depend on the data entered by the user and serve only as guidance.

The App may contain links to external websites or services.

The respective operators are solely responsible for the content and offers of external providers.

By opening an external link, the user may leave the App and interact with a third-party provider.

The respective terms and privacy policies of the relevant provider apply to the use of such external services.

The processing of personal data is carried out in accordance with our current Privacy Policy.

The Privacy Policy describes in particular which data is processed within the App, for what purposes, and how the data is stored.

According to the current technical concept, personal App data is generally processed locally on the end device.

Statutory warranty rights apply to consumers.

These are not restricted by these Terms.

For digital products, the statutory provisions regarding digital products may additionally apply.

The user may discontinue use of the App at any time and delete the App from their device.

The operator may discontinue the App or individual functions, to the extent legally permissible.

Statutory claims already arising remain unaffected by termination of use.

We reserve the right to amend these Terms if this becomes necessary due to changes to the App, technical developments, or legal requirements.

For already completed purchase contracts, the terms validly incorporated at the time the contract was concluded shall apply, unless otherwise legally permitted.

Users will be informed of material changes in an appropriate manner, to the extent legally required.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this does not conflict with mandatory consumer protection provisions of the country in which the consumer has their habitual residence.

Statutory places of jurisdiction apply for consumers.

No agreement on an exclusive place of jurisdiction is made with consumers, to the extent this is legally impermissible.

Insofar as the user is not a consumer, statutory jurisdiction rules apply, unless a deviating agreement has been validly made.

Should individual provisions of these Terms be or become invalid in whole or in part, the remaining provisions shall remain unaffected.

The invalid provision shall be replaced by the applicable statutory provisions.