CigCountTerms of use
These terms govern your use of the CigCount app and the cigcount.com website, offered by MikeTech, LLC, a limited liability company organized in Delaware, United States (“MikeTech”, “we” or “us”). By using CigCount you agree to these terms. If you don’t agree, don’t use the app.
What CigCount is
CigCount is an app to log the cigarettes you smoke, follow a plan to quit or cut down, and see your progress. Your log is stored on your phone, as explained in the Privacy policy.
CigCount is not medical advice
CigCount is not a medical device and doesn’t replace advice from a health professional. Milestones are averages published by the WHO, the CDC, and the NHS, and can vary from person to person. If you need help to quit smoking, talk to your doctor or your local quitline.
The app doesn’t diagnose or treat any condition and isn’t meant for emergencies. If you have an emergency, call your local emergency services.
Who can use it
CigCount is for people aged 18 or over. The license is for your personal, non-commercial use.
Your data
CigCount has no accounts: your log lives on your phone and in your iCloud or Google backups, if you have them turned on. Looking after those backups is your responsibility. If you delete the app or use “Delete my data” without a backup, MikeTech can’t recover your information, because we never had it. The Privacy policy explains what data we handle and how.
Premium
CigCount has free features and Premium features, which are paid with a monthly or annual subscription.
- Payment and renewal: the subscription is charged by the store where you bought it, the App Store or Google Play, through your account with that store. It renews automatically at the end of each period, at the current price, unless you cancel in time: on the App Store, at least 24 hours before the end of the current period; on Google Play, before the renewal date.
- Free trial: the annual plan may include a free trial for people the store considers eligible (currently 7 days). The length and the price you’ll be charged afterwards are shown before you confirm. If you don’t cancel in time (on the App Store, at least 24 hours before the trial ends; on Google Play, before it ends), the store charges the first year. If you buy a subscription during the trial, any unused portion of the trial is forfeited.
- Cancelling: you cancel in your Apple Account settings or in Google Play → Payments & subscriptions. You can also get there from Settings → Premium → “Manage subscription”. When you cancel, you keep Premium until the end of the period you already paid for. Deleting the app or using “Delete my data” doesn’t cancel the subscription.
- Refunds: they’re handled by the store, under its own policies. If you want a refund, ask Apple or Google. This doesn’t limit any right of withdrawal you have under the law of your country, which you exercise with the store.
- Restoring: if you switch phones, use “Restore purchases” with the same store account.
- Prices: the price is shown in the app and in the store before you buy, in your currency. If it changes, the store notifies you under its rules before charging the new price.
Free features stay free even if you don’t buy Premium. If a Premium feature is discontinued, we’ll replace it with an equivalent one or let you know in advance.
License and acceptable use
MikeTech grants you a personal, limited, non-exclusive, non-transferable and revocable license to use CigCount on devices you control, under these terms and the store’s rules. The app, its design, its text and its brand belong to MikeTech.
You may not copy, modify, distribute, sell or rent the app; try to decompile it or extract its source code, except where the law allows it; interfere with its servers; or use it for anything illegal.
App Store and Google Play
If you download CigCount from the App Store, Apple’s Standard Licensed Application End User License Agreement, published on Apple’s website, also applies. If that agreement and these terms conflict about the license of the app on iOS, Apple’s agreement prevails. If you download it from Google Play, the Google Play Terms of Service also apply.
Apple and Google aren’t parties to these terms and aren’t responsible for the app or its support.
The website and the launch notice
The cigcount.com website provides information about CigCount and lets you leave your email for the launch notice. Signing up is free and you can unsubscribe at any time with the link in every email. How we handle that email is in the Privacy policy.
Changes and availability
We may update CigCount, add or remove features, or stop offering it. We do our best to keep it working well, but we don’t guarantee that it will always be available or error-free. If we stop offering Premium, we’ll let you know in advance and subscriptions won’t renew.
Warranties
To the extent the law allows, CigCount is provided “as is” and “as available”, without warranties of any kind, express or implied, including fitness for a particular purpose. Nothing here limits the rights your local consumer protection law gives you.
Liability
To the extent the law allows, MikeTech isn’t liable for indirect, incidental or consequential damages, or for the loss of data stored on your phone. Its total liability for any claim related to CigCount won’t exceed what you paid for Premium in the 12 months before the event that gave rise to it.
These limits don’t apply where the law doesn’t allow liability to be limited or excluded, for example in cases of willful misconduct or gross negligence, and they don’t affect your rights as a consumer.
Termination
You can stop using CigCount at any time by deleting the app. We may suspend or end your license if you breach these terms. When it ends, you must stop using the app. The sections on warranties, liability and governing law remain in effect.
Governing law
These terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws rules. If you’re a consumer, you keep the protection of the mandatory rules of your country of residence and you can bring a claim before the courts or consumer protection agencies of your country.
Before starting any claim, write to us at support@cigcount.com: most problems can be solved by email.
Changes to these terms
If we change these terms, we’ll publish the new version here with its date. If the change is significant, we’ll let you know in the app or by email to people on the launch notice before it takes effect. If you disagree, you can stop using CigCount and cancel Premium at no cost; the changes don’t alter the price or what’s included in the period you already paid for. Where the law requires your express acceptance, we’ll ask for it in the app.
Contact
MikeTech, LLC · 131 Continental Dr, Suite 305, Newark, DE 19713, United States (address of its registered agent in Delaware) · support@cigcount.com