Effective Date: November 01, 2024
Welcome to Smoke App! Smoke App LLC (“we,” “us,” or “our”) provides a digital platform designed to support smoke, vape, and cigar shops with online store management, inventory, customer insights, and age verification. Please read these Terms of Use (“Terms”) carefully before accessing or using the Smoke App platform (the “Service”). By accessing or using the Service, you agree to these Terms.
If you do not agree to these Terms, you may not use the Service. Smoke App LLC reserves the right to modify these Terms at any time. Your continued use of the Service following any changes signifies your acceptance of the revised Terms.
1. Eligibility
• Age Requirement: Smoke App is intended for use by business owners and customers of legal age to purchase regulated tobacco and vape products in their jurisdiction. By using this Service, you confirm that you meet the legal age requirements.
• Compliance with Laws: You agree to comply with all applicable federal, state, and local laws, especially those concerning the sale, advertising, and distribution of regulated tobacco and vape products.
2. Account Registration and Security
• Account Information: To access certain features of Smoke App, you must register an account. You agree to provide accurate and up-to-date information and to update this information promptly if it changes.
• Account Security: 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 at support@smoke.app of any unauthorized use or security breach of your account.
3. Permitted Use
• Platform Usage: You may use Smoke App for lawful purposes related to managing your smoke, vape, or cigar shop, including product listings, inventory management, age verification, and customer engagement.
• Prohibited Activities: You agree not to:
• Use the Service for any unlawful purpose or in violation of these Terms.
• Attempt to bypass, disable, or interfere with the security features of the Service.
• Collect or store personal information about other users without their consent.
• Engage in any activity that could disrupt the Service or harm Smoke App LLC’s reputation or functionality.
4. Age Verification and Compliance
• Third-Party Verification: For customers purchasing age-restricted products, Smoke App may require age verification via a third-party provider. This information is collected solely to assign a verified status to the customer to comply with legal requirements.
• User Responsibility: You are responsible for ensuring that your store operates in compliance with all applicable regulations regarding age-restricted sales and for accurately maintaining customer verification records.
5. Data Collection and Privacy
• User Data: Smoke App collects and stores user information, including contact details and age verification data, as described in our Privacy Policy. By using Smoke App, you consent to our data collection and handling practices as outlined in our Privacy Policy.
• Shop Data: Sales, inventory, and insights related to shop performance are stored in each store’s individual database. Smoke App LLC does not share or sell shop data to third parties.
6. Intellectual Property
• Ownership: Smoke App LLC owns and retains all rights to the Service, including all software, trademarks, logos, and other content provided on the platform. These rights are protected by copyright, trademark, and other intellectual property laws.
• Limited License: Smoke App grants you a limited, non-exclusive, non-transferable license to access and use the Service in accordance with these Terms. You may not copy, modify, distribute, or create derivative works from any part of the Service without express written permission from Smoke App LLC.
7. Limitation of Liability
• Disclaimer: Smoke App LLC provides the Service “as is” and “as available,” without any warranties, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Limitation: To the fullest extent permitted by law, Smoke App LLC shall not be liable for any damages arising from your use of the Service, including but not limited to incidental, indirect, punitive, or consequential damages, even if we have been advised of the possibility of such damages.
• Maximum Liability: In any event, our maximum liability to you shall not exceed the amount you have paid, if any, to Smoke App LLC for the Service.
8. Termination
• Account Termination: We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for any reason, including if you breach these Terms.
• Effect of Termination: Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that should survive termination shall remain in effect, including ownership provisions, disclaimers, indemnity, and limitations of liability.
9. Indemnification
• User Responsibility: You agree to indemnify, defend, and hold harmless Smoke App LLC and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, or expenses arising out of your use of the Service or your violation of these Terms.
10. Governing Law and Dispute Resolution
• Governing Law: These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
• Dispute Resolution: Any dispute arising out of or relating to these Terms or your use of the Service shall be resolved through binding arbitration in Florida, in accordance with the rules of the American Arbitration Association. Each party will bear its own costs in arbitration.
11. Modifications to Terms
• Updates to Terms: Smoke App LLC reserves the right to modify these Terms at any time. We will notify users of significant changes by posting the updated Terms on our platform. Your continued use of the Service after any modification constitutes acceptance of the updated Terms.
12. Contact Us
• If you have questions, comments, or concerns about these Terms or the Service, please contact us at:
• Email: support@smoke.app
• Mailing Address: 6900 Tavistock Lakes Blvd Suite 400, Orlando, Florida 32827