Terms & Conditions

Last Updated: February 10, 2026

1. Acceptance of Terms

By downloading, installing, and using the PuffApp mobile application (the “Application”) and associated services (collectively, the “Services”), you agree to be bound by these Terms of Service (the “Agreement”). If you do not agree to these terms, do not use the Services.

This Agreement is between you and Artur Gorbaczewski (“Developer,” “we,” “us,” “our,” or “Company”) only, and not Apple, Inc. We are solely responsible for the Application and its content. Apple is not responsible for the Application, its content, maintenance, support, or any claims you may have relating to it.

We reserve the right to modify these Terms at any time. Continued use of the Services following any modifications constitutes your acceptance of the updated Terms. Material changes will be communicated to you by posting the updated Terms in the Application and updating the “Last Updated” date.

2. License Grant and Scope

2.1 Limited License Grant

Subject to your compliance with this Agreement and applicable laws, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Application on Apple-branded devices (including iPhone and iPad) that you own or control, solely for your personal, non-commercial use.

This license does not permit you to:

Use the Application on any Apple device you do not own or control
Install the Application on a shared device for use by multiple users
Distribute the Application over a network or make it available for simultaneous use by multiple devices
Transfer, assign, sublicense, or share your license with others

2.2 Restrictions on Use

You agree not to:

Copy, modify, or create derivative works based on the Application
Reverse engineer, decompile, disassemble, or attempt to derive the source code
Sell, rent, lease, transfer, or otherwise distribute rights to the Application
Use the Application for commercial, business, or revenue-generating purposes without written permission
Remove or alter any proprietary notices, labels, trademarks, or marks
Use the Application in any manner that violates applicable laws or regulations
Attempt to gain unauthorized access to the Application or its systems
Transmit malware, viruses, worms, or other harmful code through the Application
Engage in any activity that disrupts, interferes with, or impairs the proper functioning of the Application

3. Auto-Renewable Subscription Terms

3.1 Subscription Offer Disclosure

If you choose to purchase an auto-renewing subscription, you acknowledge and agree to the following subscription terms. PuffApp offers two service tiers:

Plan	Price	Features
Free	No cost	Core puff tracking, craving logging, and progress tracking
Premium	$4.99/month or $49.99/year	Advanced analytics, behavioral trigger matching, extended history, and all future premium features

Prices above are in USD and may vary by location and currency. The actual price charged is the price displayed in the App Store at the time of purchase. You will be charged automatically at the end of each subscription period unless you cancel before the renewal date.

3.2 Subscription Renewal and Billing

Your auto-renewing subscription will automatically renew unless you cancel it. By purchasing an auto-renewing subscription, you authorize us to charge your Apple ID account for the renewal amount each billing period.

Automatic Renewal

Your subscription will automatically renew at the end of each subscription period at the then-current price (which may increase with notice).

Billing Grace Period

If a billing failure occurs, we may provide a grace period during which the paid service continues. You remain responsible for failed payments.

Cancellation Deadline

You must cancel your subscription within 24 hours before the end of your current subscription period to avoid being charged for the next period.

Timing of Charges

Charges are applied to your Apple ID account on the renewal date.

Subscription billing is managed by RevenueCat on our behalf. RevenueCat’s role is limited to subscription management and does not extend to your health behavior data.

3.3 How to Cancel Your Subscription

You can manage and cancel your subscription at any time using any of the following methods:

Through Your iPhone/iPad:
- Open the Settings app
- Tap your name at the top
- Select “Subscriptions”
- Find PuffApp
- Tap “Cancel Subscription”
Through App Store on Mac:
- Open the App Store app
- Click your profile picture in the bottom left
- Select “Manage Subscriptions”
- Find PuffApp and click “Manage”
- Select “Cancel Subscription”
Through the Web:
- Visit https://support.apple.com/en-us/HT202039 for Apple’s official subscription management page

Cancellation takes effect at the end of your current billing period. You will retain access to paid features through the end of your current subscription period. No refunds will be provided for partial periods, except as required by applicable law.

3.4 Price Changes

We reserve the right to change subscription prices with notice. If you are an existing subscriber in a region that requires your consent for price increases, you will be notified of the new price and given the opportunity to accept or decline it before your next renewal. If you do not accept the new price, your subscription will be cancelled at the end of your current billing period.

3.5 Free Trials and Promotional Offers

If we offer a free trial or introductory price for a subscription:

Free trial periods will end and your paid subscription will begin on the date specified in the purchase confirmation
Unused free trial time will be forfeited when you purchase a paid subscription
You may be charged the full subscription price when the trial ends, unless you cancel before the trial period ends
Refunds are not provided for unused portions of free trials

3.6 Subscription Fulfillment

We commit to providing the subscription service as described throughout your entire subscription period, including any billing grace periods we authorize. If we fail to deliver the service as promised, Apple may refund you at its discretion, and we will reimburse Apple for such refunds.

4. Intellectual Property Rights

4.1 Application Ownership

The Application, including all software, code, design, graphics, audio, video, text, animations, and all other materials contained within it, is the exclusive intellectual property of the Developer and is protected by copyright, trademark, patent, and other intellectual property laws worldwide.

No part of the Application may be reproduced, distributed, transmitted, displayed, or otherwise used without our express written permission, except as permitted by this Agreement.

4.2 Your Data Ownership

You retain full ownership of all health behavior data you record within the Application, including puff logs, craving records, and quit journey information (“Your Data”). Because Your Data is stored exclusively on your device and is never transmitted to us, no license from you to us is required or granted for this data.

4.3 Feedback and Suggestions

Any feedback, suggestions, or ideas you provide regarding the Application or Services may be used by us without restriction or compensation to you. By submitting such feedback, you waive any claim of ownership or compensation.

5. User Responsibilities

5.1 Accurate Data Entry

While accurate data entry helps you get the most out of PuffApp, you are solely responsible for the data you record within the Application. Inaccurate data will only affect your own progress tracking and insights.

5.2 Age Requirement

PuffApp is intended for users aged 17 and older. By using the Application, you represent that you are at least 17 years of age. If you are under 17, you may not use the Application.

5.3 Not a Substitute for Medical Advice

PuffApp is a behavioral wellness and self-tracking tool, not a substitute for professional medical advice, diagnosis, or treatment. Do not disregard, avoid, or delay seeking medical advice because of anything you read or experience in this Application. See Section 6 (Medical Disclaimer) for full details.

5.4 Data Loss and Backup Responsibility

We are not responsible for loss, corruption, deletion, or damage to Your Data. Because your health behavior data is stored exclusively on your device, we have no ability to recover it in the event of device loss, damage, or accidental deletion. You are solely responsible for:

Understanding that Your Data exists only on your device
Maintaining device backups through iOS Backup or iCloud if desired
The risks of digital data storage on a personal device

6. Medical Disclaimer

PuffApp is not a medical device and has not been cleared or approved by the U.S. Food and Drug Administration (FDA) or any other regulatory authority.

PuffApp is not intended to diagnose, treat, cure, or prevent nicotine addiction or any other medical condition

The Application does not provide medical, clinical, or therapeutic services

Progress metrics, predictions, and insights within the Application are informational only and do not constitute medical advice

Nicotine addiction is a recognized medical condition; if you are struggling, please seek help from a qualified healthcare professional, your doctor, or a certified addiction specialist

Nothing in this Application should be construed as a guarantee that you will successfully quit vaping

If you experience withdrawal symptoms, mental health concerns, or other health issues related to quitting vaping, please consult a healthcare professional promptly.

7. Third-Party Services

7.1 RevenueCat (Subscription Billing)

PuffApp uses RevenueCat (https://www.revenuecat.com/) to manage in-app subscriptions and billing. RevenueCat acts as our subscription management provider and handles purchase verification and entitlement management. RevenueCat’s use of your data is governed by RevenueCat’s own Privacy Policy and Terms of Service.

7.2 Apple

The Application is distributed through the Apple App Store and uses Apple platform services including StoreKit for payment processing, local notifications, and SwiftData for on-device storage. Apple’s services are subject to Apple’s Terms of Service and Privacy Policy.

7.3 Third-Party Service Disclaimer

We do not endorse, warrant, guarantee, or control the services provided by third parties. Your use of any third-party service is at your sole risk and governed by that service’s own terms and privacy policies. We are not liable for any issues, failures, or problems caused by third-party services.

8. Privacy and Data Protection

Your use of PuffApp is also governed by our separate Privacy Policy, which is accessible within the Application and at https://nightcodeapps.com/apps/puff-app/privacy. You must review and agree to the Privacy Policy to use the Application.

Key points:

Your health behavior data (puff logs, craving records) is stored exclusively on your device and is never transmitted to us
We collect subscription data via RevenueCat
You have rights regarding your personal data as outlined in our Privacy Policy

For questions about data privacy, contact us at contact@nightcodeapps.com.

9. Warranties Disclaimer

9.1 Application Provided “As-Is”

THE APPLICATION AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.

9.2 No Warranties Regarding

We make no representations or warranties regarding:

The accuracy, completeness, or reliability of any insights or recommendations within the Application
The continuous, uninterrupted, or error-free operation of the Application
The absence of bugs, errors, viruses, or security vulnerabilities
Compatibility with all Apple devices, operating systems, or software versions
That the Application will meet your specific needs or expectations
That use of the Application will result in successfully quitting vaping
That any defects will be corrected
That the Application will function with third-party applications or services

9.3 Apple Warranty Disclaimer

ON BEHALF OF APPLE, INC. (“APPLE”), WE DISCLAIM ALL WARRANTIES AND LIABILITY FOR THE APPLICATION. APPLE IS NOT RESPONSIBLE FOR THE APPLICATION, ITS OPERATION, MAINTENANCE, SUPPORT, OR ANY CLAIMS YOU MAY HAVE AGAINST US OR APPLE.

10. Limitation of Liability

10.1 Cap on Our Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR:

Indirect, incidental, special, consequential, punitive, or exemplary damages
Loss of profits, revenue, data, business opportunities, or anticipated savings
Loss of goodwill or reputation
Damages arising from your use of, inability to use, or reliance on the Application
Loss of health behavior data stored on your device
Any health outcomes related to or arising from your quit attempt
Any other damages, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory

This applies even if we have been advised of the possibility of such damages.

10.2 Total Liability Cap

OUR TOTAL LIABILITY for any and all claims arising from this Agreement, your use of the Application, or any related matter shall not exceed the lesser of:

The amount you paid for the Application or subscription in the 12 months preceding your claim, or
$100 USD (or equivalent in your local currency)

If you paid nothing for the Application, our total liability is limited to $0.

10.3 Exclusive Remedy

If you are dissatisfied with the Application or the Services, your exclusive remedy is to cease using the Application and uninstall it from your device.

10.4 Apple Liability Disclaimer

APPLE IS NOT LIABLE FOR ANY DAMAGES arising from your use of the Application, any product liability claims, any claim that the Application violates third-party rights, or any other claim related to the Application or your subscription.

11. Indemnification

You agree to indemnify, defend (at your expense), and hold harmless the Developer, Apple, and their respective officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from or related to:

Your use of the Application or Services
Your violation of this Agreement
Your violation of any applicable law, regulation, or third-party rights
Any claims by third parties related to your use of the Application

12. Termination

12.1 Termination by You

You may terminate this Agreement and your use of the Application at any time by:

Uninstalling the Application from your device
Canceling your subscription (if applicable) through your Apple ID account settings
Ceasing all use of the Services

12.2 Termination by Developer

We may suspend or terminate your access to the Application and Services immediately and without notice if:

You materially violate this Agreement
You use the Application for illegal purposes
We determine termination is necessary for legal, security, technical, or business reasons
We discontinue the Application or Services
Required by law or court order

12.3 Effect of Termination

Upon termination:

Your license to use the Application is immediately revoked
You must uninstall the Application and cease all use of the Services
Your subscription access is terminated (for paid subscriptions)
Health behavior data stored on your device remains accessible until you delete it or uninstall the Application

12.4 Survival of Terms

The following provisions survive termination of this Agreement:

Intellectual Property Rights (Section 4)
Medical Disclaimer (Section 6)
Warranties Disclaimer (Section 9)
Limitation of Liability (Section 10)
Indemnification (Section 11)
Governing Law and Jurisdiction (Section 13)
Dispute Resolution (Section 14)
Contact Information (Section 19)

13. Governing Law and Jurisdiction

13.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law principles. However:

EU Citizens

If you are a citizen of any European Union country, Switzerland, Norway, or Iceland, you may bring claims in the courts of your country of residence, and the laws of your country of residence will apply (in addition to EU consumer protection laws).

California Residents

If you are a resident of California, you may have additional rights under California law.

13.2 Jurisdiction and Venue

You agree to submit to the exclusive jurisdiction of the courts of Poland for any disputes arising from this Agreement or your use of the Application, subject to the exceptions noted above.

13.3 Applicable Laws

You also agree to comply with all applicable local, national, and international laws and regulations, including GDPR (if you are in the EU), CCPA/CPRA (if you are in California), and consumer protection laws in your jurisdiction.

14. Dispute Resolution

14.1 Informal Resolution

Before pursuing formal legal action, you agree to attempt to resolve any dispute informally by contacting us at contact@nightcodeapps.com with a detailed description of the issue. We will attempt to resolve your concern within 30 days of receiving your message.

14.2 Mediation

If informal resolution is unsuccessful, you agree to participate in non-binding mediation before initiating legal proceedings. Both parties will attempt to resolve the dispute through good-faith negotiation.

14.3 Limitation on Legal Actions

Any legal action or proceeding arising from this Agreement or your use of the Application must be commenced within one (1) year after the cause of action arises. If a claim is not brought within this period, it is permanently barred.

14.4 Apple Dispute Handling

Disputes with Apple regarding subscriptions are governed by Apple’s terms. Contact Apple Support at https://support.apple.com/ for subscription disputes.

15. Severability

If any provision of this Agreement is found by a court or arbitrator to be invalid, unenforceable, or illegal, that provision will be modified to the minimum extent necessary to make it valid and enforceable, or if modification is impossible, severed from this Agreement. All remaining provisions will continue in full force and effect.

16. Entire Agreement

This Agreement, together with our Privacy Policy and any other policies referenced herein, constitutes the entire agreement between you and the Developer regarding the Application and Services. It supersedes all prior and contemporaneous agreements, understandings, representations, warranties, and negotiations, whether oral or written.

17. Waiver

Our failure or delay in enforcing any right or provision of this Agreement does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of the Developer. A waiver of one breach does not constitute a waiver of any other or subsequent breach.

18. Assignment

You may not assign, transfer, sublicense, or delegate your rights or obligations under this Agreement. Any attempted assignment is void.

We may assign this Agreement or any of our rights hereunder at our discretion, including to a successor company in a merger, acquisition, or sale of assets, or an affiliate or subsidiary.

19. Contact Information

For questions, concerns, support, or to report violations of this Agreement, please contact:

Artur Gorbaczewski NightCode Apps Email: contact@nightcodeapps.com

We will make reasonable efforts to respond to your inquiry within 7-10 business days.

20. Policy Changes and Updates

20.1 Right to Modify

We may update these Terms of Service periodically to reflect changes in our practices, technology, and services; legal requirements and regulatory changes; new features or functionality; or changes to third-party services.

20.2 Notification of Changes

We will notify you of material changes by posting the updated Terms in the Application, updating the “Last Updated” date at the top of this document, and displaying a prominent notice in the Application.

20.3 Acceptance of Updated Terms

Your continued use of the Application following notification of material changes constitutes your acceptance of the updated Terms. If you do not agree to the updated terms, you must uninstall the Application and cancel your subscription (if applicable).

Changes that expand our rights or reduce your protections will provide at least 30 days’ notice before taking effect (where required by law).

21. Additional Terms for EU Users

21.1 Consumer Rights

If you are a consumer in the European Union, you have statutory rights under EU consumer protection laws that cannot be waived. These include:

The right to information about products and services
Protection against unfair contract terms
Right to withdraw from purchase (with specific exceptions for digital content)
Right to repair or replacement of defective products

These rights are in addition to the protections in this Agreement and are not limited by our liability caps or warranty disclaimers.

We comply with all EU requirements regarding automatic renewal disclosures, including:

Clear, prior consent before charging
Easy, cost-free cancellation methods
Reminder notifications before renewal
Clear terms regarding price and duration

21.3 Data Subject Rights

If you are in the EU and subject to GDPR, you have the right to access your personal data, correct inaccurate data, request deletion of your data, restrict processing, data portability, object to processing, and withdraw consent. See our Privacy Policy for details on exercising these rights.

22. Additional Terms for California Residents

22.1 California Consumer Rights

If you are a California resident, you may have additional rights under California’s consumer protection laws, including the California Consumer Legal Remedies Act, the California Unfair Competition Law, and CCPA/CPRA regarding personal information. These rights are not waived by this Agreement.

22.2 Automatic Renewal Disclosure (California)

We comply with California’s automatic renewal law (California Civil Code § 17602) by clearly disclosing all material terms before charging, obtaining affirmative consent to the charges, providing simple cancellation mechanisms, and providing confirmation and reminder notifications.

22.3 Right to Sue

Nothing in this Agreement prevents you from suing us in California courts or before California administrative agencies, despite any other provisions herein.

23. No Waiver of Rights

By accepting this Agreement, you do not waive any rights granted by law, including consumer protection rights, statutory rights, or any other rights that cannot legally be waived.

24. Entire Agreement and Order of Precedence

In case of conflict, the following order of precedence applies:

Apple’s terms (for subscription-related matters only, as the payment processor)
This Agreement (these Terms of Service)
Privacy Policy
Any other policies referenced herein

Effective Date: February 10, 2026