Last Updated: September 01, 2026
These Merchant Terms of Use (“Terms”) are an agreement between you and Smoke App LLC, a Florida limited liability company (“Smoke App,” “we,” “us,” or “our”). They govern access to and use of join.smoke.app, the Smoke App merchant dashboard, merchant mobile applications, merchant APIs, and related merchant tools (the “Merchant Platform”).
These Terms are for businesses and the people who act for them. If you are shopping on smoke.app as a consumer, the Smoke App customer terms and privacy notice published on smoke.app apply to you instead.
THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION, A CLASS ACTION AND JURY WAIVER (SECTION 18), AND LIMITATIONS OF SMOKE APP’S LIABILITY (SECTION 16).
1. Who These Terms Apply To
1.1 Users. These Terms apply to: (a) visitors to join.smoke.app; (b) businesses that request a demo, apply, or start a trial (“Applicants”); (c) businesses that have accepted the Smoke App Merchant Agreement (“Merchants”); and (d) individuals who access the Merchant Platform on behalf of an Applicant or Merchant, including owners, managers, employees, and contractors (“Authorized Users”). “You” means whichever of these applies.
1.2 Acting for a business. If you use the Merchant Platform on behalf of a business, you represent that you are authorized to do so, and you agree to these Terms both personally and on the business’s behalf.
1.3 Relationship to the Merchant Agreement. For Merchants, these Terms are incorporated into the Smoke App Merchant Agreement. If these Terms conflict with the Merchant Agreement, the Merchant Agreement controls. Nothing in these Terms expands Smoke App’s obligations under the Merchant Agreement.
1.4 Business use only. The Merchant Platform is provided for business purposes only and not for personal, family, or household use.
2. Eligibility
To use the Merchant Platform you must be at least 21 years old, able to form a binding contract, and acting for a business that is lawfully operating. You may not use the Merchant Platform if you or the business are subject to sanctions administered by the U.S. Department of the Treasury, appear on the ATF PACT Act Non-Compliant List, or were previously suspended or terminated by Smoke App, unless Smoke App agrees in writing.
3. Information on join.smoke.app
3.1 General information only. Descriptions of features, plans, pricing, integrations, payment options, delivery options, and compliance tools on join.smoke.app and in sales materials are general information. They are not an offer, may change without notice, and may not be available for every business, product category, or location. Your plan, fees, and enabled features are set by your Order Form and the Merchant Agreement.
3.2 Tools, not outcomes. References to fraud screening, age verification, restricted-product filtering, chargeback tools, or compliance features describe technology Smoke App makes available. They are not a promise that any product, sale, delivery, or business will comply with the law, avoid chargebacks, or be approved by any payment provider or delivery provider.
3.3 No professional advice. Smoke App does not provide legal, tax, regulatory, accounting, or financial advice. Content such as guides, blog posts, webinars, templates, and industry insights is for general information only. Consult your own advisors about your business.
Drafting note: These sections help, but they cannot fully cure marketing copy that promises outcomes. Revise statements such as “we handle compliance” and “Smoke App manages compliance, payments, and risk” as recommended in the Legal Review Memo.
4. Applications, Demos, and Trials
4.1 Accurate information. Information you submit in a demo request, application, or onboarding flow must be accurate, complete, and current.
4.2 Smoke App’s discretion. Smoke App may accept or decline any application, request additional information, or limit the features, product categories, or locations available to any business.
4.3 Payment accounts. Applications for a payment account, including a sub-merchant account with Smoke App’s payment facilitator partner, are decided by that payment provider under its own terms. Smoke App does not guarantee approval.
4.4 Trials. Free trials and their conversion to paid subscriptions are governed by the Merchant Agreement and the terms shown at sign-up.
5. Accounts and Authorized Users
5.1 Account owner. Each Merchant account has an owner designated by the Merchant who controls access, roles, and permissions.
5.2 Authorized Users. A Merchant may invite Authorized Users and assign roles. The Merchant is responsible for all activity by its Authorized Users and for promptly removing access for anyone who leaves the business or no longer needs it.
5.3 Individual logins. Each Authorized User must have their own login. You may not share credentials or let anyone else use your login.
5.4 Security. You must use the security features Smoke App requires, such as one-time passcodes or multi-factor authentication, keep credentials confidential, and notify Smoke App immediately at support@smoke.app of any suspected unauthorized access.
5.5 Protective action. Smoke App may require password resets, suspend logins, or restrict access if it suspects a compromised account, misuse, or a security risk.
6. Acceptable Use
You may not use the Merchant Platform to:
- list, advertise, sell, or fulfill any product in violation of the law or the Smoke App Prohibited and Restricted Products Policy;
- disable, bypass, or undermine age verification, identity verification, geographic restrictions, product filters, or other compliance controls, including by miscategorizing or renaming products;
- sell products belonging to another business, allow another business to sell through your storefront, or process payments for any other business through your storefront or payment account;
- submit false, misleading, or another person’s information, including licenses, certificates of analysis, or identity documents;
- use Customer information except as the Merchant Agreement permits, or export it to build lists for other purposes;
- send spam, or send text messages promoting tobacco, vapor, hemp, or cannabinoid products through Smoke App’s messaging tools;
- post fake, paid-without-disclosure, or competitor reviews, or suppress genuine reviews;
- scrape, crawl, copy, or harvest data from the Merchant Platform or smoke.app, or access them through automated means except approved APIs;
- reverse engineer, decompile, or attempt to derive source code, or copy features or content to build a competing product;
- probe, scan, or test the vulnerability of any system without Smoke App’s written permission, or introduce malware;
- overload the Merchant Platform, exceed rate limits, or interfere with other users;
- resell, sublicense, or provide access to the Merchant Platform to anyone outside your business;
- impersonate any person or business, or misrepresent your affiliation with Smoke App; or
- infringe anyone’s intellectual property, privacy, or publicity rights.
7. Integrations and APIs
7.1 Connected services. When you connect a POS system, payment provider, delivery provider, or other third-party service, you authorize Smoke App to access, retrieve, and synchronize data from that service and to send data to it as needed to provide the Merchant Platform. You represent that you have the right to grant that access. Your use of each third-party service is governed by its own terms.
7.2 API credentials. API keys and tokens are confidential. You are responsible for all use of your credentials and must follow Smoke App’s API documentation and rate limits.
7.3 Changes. Smoke App may change, limit, or discontinue APIs and integrations. Where practicable, Smoke App will give reasonable advance notice of changes that materially affect an integration you use.
7.4 Disconnecting. You may disconnect integrations at any time. Disconnecting may disable features that depend on them.
8. Beta Features
Features labeled beta, preview, or early access are provided as is for evaluation, may contain errors, may be changed or discontinued at any time, and are Smoke App’s confidential information.
9. Communications
9.1 Account and service messages. You agree that Smoke App may send you messages about your account, security, one-time passcodes, onboarding, billing, new orders, service changes, and legal notices by email, in-app notification, and text message.
9.2 Sales and marketing messages. If you provide your phone number on join.smoke.app and check the consent box, you agree to receive calls and text messages from Smoke App about its services, which may use automated technology, at the number provided. Consent is not a condition of purchase. You may opt out of marketing emails using the unsubscribe link.
10. Support and Feedback
Smoke App provides support through the channels and hours described in the Merchant Platform. Smoke App may use any suggestions or feedback you provide without restriction or compensation.
11. Your Content and Submissions
For Merchants, content and data are governed by the Merchant Agreement. For Applicants and visitors, you grant Smoke App permission to use information and materials you submit to evaluate your business, communicate with you, and prepare onboarding, and you represent that you have the right to share them.
12. Intellectual Property
12.1 Ownership. The Merchant Platform, join.smoke.app, Smoke App software, documentation, catalog database, and the Smoke App name and logos are owned by Smoke App or its licensors. Subject to these Terms and, for Merchants, the Merchant Agreement, Smoke App grants you a limited, revocable, non-exclusive, non-transferable right to use the Merchant Platform for your business’s internal purposes.
12.2 Trademarks. You may not use Smoke App’s trademarks without written permission, except as expressly provided in Smoke App’s brand guidelines for participating Merchants.
12.3 Copyright complaints. Send notices meeting 17 U.S.C. § 512(c)(3) to Smoke App’s designated email: copyright@smoke.app. Smoke App may terminate repeat infringers.
13. Confidentiality
Non-public information about the Merchant Platform, including dashboards, pricing offered to you, roadmaps, beta features, documentation, and security information, is Smoke App’s confidential information. You will use it only to evaluate or use the Merchant Platform and will not disclose it except to your personnel and advisors who need to know it and are bound to keep it confidential. For Merchants, the confidentiality terms of the Merchant Agreement also apply.
14. Privacy
The Smoke App Merchant Privacy Policy explains how Smoke App handles personal information about Applicants, Merchants, Authorized Users, owners, and other business contacts. If you provide personal information about other people, such as co-owners or employees, you represent that you have provided any notice and obtained any consent the law requires.
15. Disclaimers
EXCEPT AS EXPRESSLY PROVIDED IN A SIGNED OR ACCEPTED MERCHANT AGREEMENT, THE MERCHANT PLATFORM AND ALL INFORMATION PROVIDED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SMOKE APP DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE MERCHANT PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY COMPLIANCE TOOL WILL IDENTIFY EVERY UNLAWFUL PRODUCT, ORDER, OR CUSTOMER.
16. Limitation of Liability
FOR MERCHANTS, SECTION 20 OF THE MERCHANT AGREEMENT GOVERNS. FOR ALL OTHER USERS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMOKE APP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA, AND SMOKE APP’S TOTAL LIABILITY RELATING TO THE MERCHANT PLATFORM WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
17. Indemnity
You will defend, indemnify, and hold harmless Smoke App and its affiliates, officers, managers, employees, and agents from claims, losses, and expenses, including reasonable attorneys’ fees, arising from your breach of these Terms, your violation of law, or your content or submissions. A Merchant is responsible for its Authorized Users’ compliance with these Terms. An individual who acts outside the authority granted by their business is personally responsible for that conduct.
18. Dispute Resolution
18.1 Merchants. Disputes between Smoke App and a Merchant are resolved under Section 23 of the Merchant Agreement.
18.2 Everyone else. Florida law governs these Terms, without regard to conflict-of-law rules, and the Federal Arbitration Act governs this Section. Before starting arbitration, a party must send a written description of the dispute to the other (legal@smoke.app for Smoke App) and negotiate in good faith for 30 days. Any unresolved dispute arising out of or relating to these Terms or the Merchant Platform will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules before one arbitrator in Orange County, Florida. Either party may bring an individual claim in small-claims court or seek temporary injunctive relief in court to protect intellectual property or confidential information.
18.3 CLASS AND JURY WAIVER. ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. EACH PARTY WAIVES TRIAL BY JURY.
18.4 Venue. For matters permitted in court, the parties submit to the state and federal courts in Orange County, Florida.
19. Suspension and Termination
Smoke App may suspend or terminate your access to the Merchant Platform if you breach these Terms, create a security, legal, or payment-partner risk, or if the Merchant you act for is suspended or terminated, or removes your access. For Merchants, suspension and termination of the business relationship are governed by the Merchant Agreement. Sections 6, 12, 13, and 15 through 18 survive.
20. Changes
Smoke App may update these Terms by posting a new version with a new “Last Updated” date. For Merchants, material changes take effect as provided in Section 24.3 of the Merchant Agreement. For others, changes take effect when posted. Continued use after changes take effect means you accept them.
21. General
These Terms, together with the Merchant Privacy Policy and, for Merchants, the Merchant Agreement and the documents it incorporates, are the entire agreement on their subject. If any provision is unenforceable, the rest remains in effect. Smoke App’s failure to enforce a provision is not a waiver. You may not assign these Terms. Smoke App may assign them in a merger, acquisition, reorganization, or sale of assets. Electronic acceptance is binding.
Contact. Smoke App LLC, 6900 Tavistock Lakes Blvd, Orlando, FL 32827.
Email: sales@smoke.app.
Legal notices: legal@smoke.app.