Introduction
This End User License Agreement (“Agreement” or “EULA”) is entered into between you, the user (whether an individual, company, or other entity) (“you,” “your,” or “User”), and Hyperlink Infosystem Inc (“Company”), registered in New York, New York, USA. This Agreement governs your access to and use of the “Quit Smoking: Smoke Free days” mobile application (“Application,” “App” or “Software”), including all related services offered thereby.
By installing, accessing, or using the Application, you agree to be bound by this Agreement. If you do not agree with any part of the Agreement, do not download, install, or use the Application.
If you are accessing or using the Application on behalf of an entity, you represent that you have authority to bind that entity to this Agreement.
License Grant
Subject to your compliance with this Agreement and the applicable app store terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App solely for personal, non-commercial purposes. This license does not convey any ownership rights in the App or its underlying software or intellectual property.
All rights not expressly granted are reserved by the Company.
Description of the App
The Application is designed to assist users in monitoring and supporting their smoking cessation journey by tracking smoke-free progress and related milestones. By processing user-provided information such as quit dates, smoking habits, and personal goals, the Application provides insights regarding smoke-free days, estimated health progress, money saved, and other relevant metrics associated with quitting smoking.
The Application includes additional tools intended to support healthier lifestyle habits and smoking cessation goals. These features may include progress tracking, milestone achievements, health-related indicators, motivational content, reminders, streak monitoring, and calculators designed to estimate benefits such as cigarettes avoided, time gained, and financial savings.
Users may also utilize the Application to organize and monitor their progress, including saving preferences, setting personal goals, creating reminders, maintaining smoke-free records, and tracking achievements intended to encourage long-term cessation efforts.
Account Creation and Login
Users can securely create an account and log in using social login or other available authentication methods to access personalized smoking cessation features, save preferences, track smoke-free progress, maintain streak records, monitor milestones, and store user-related data within the Application.
Subscription Terms and Payments
The Application may offer subscription-based access to premium features. All payments are processed exclusively through the Apple App Store or Google Play Store. The Company does not collect payment information and does not control the billing systems operated by Apple or Google. Subscription management and cancellation must be completed through the User’s respective App Store or Play Store account. All purchases are non-refundable except where required by applicable law or the policies of the relevant platform provider.
Eligibility
The App is intended for individuals who are at least thirteen years of age. Users under eighteen years of age may use the App only with the consent of a parent or legal guardian. The App is not directed to children under the age of thirteen.
Device Permissions
To enable smoking cessation tracking and related features, the Application may request access to certain device functionalities:
- Internet Access: Used to provide updates, synchronize user progress, and deliver relevant content.
- Notification Permissions: Used to send reminders, motivational messages, milestone alerts, and progress updates.
- Activity Tracking & Health Data: Optional health or activity-related permissions where supported and authorized by the user.
These permissions are used solely to provide and enhance the Application’s smoking cessation and progress-tracking services. The Company does not independently collect, store, or retain user content beyond what is necessary to deliver the stated features, unless expressly specified.
User Content
Any smoking-related preferences, saved settings, progress records, quit dates, goals, notes, reminders, journal entries, or other content submitted through the Application remain the responsibility of the User.
The Company does not claim ownership over user-provided content. Users are solely responsible for ensuring that they have the necessary rights and permissions to upload, input, or share any content through the Application.
Restrictions
Except to the extent permitted by applicable law or relevant open-source licenses for components expressly identified as open-source, you agree not to do (and not to permit others to do) any of the following:
- Lease, rent, sell, assign, sublicense, distribute, or otherwise transfer the Application or any rights herein.
- Copy, modify, translate, adapt, reverse engineer, decompile, disassemble, or attempt to derive source code, algorithms, or underlying structure of the Application.
- Use the Application for any unlawful purpose; upload or transmit content that is illegal, obscene, defamatory, infringing, or violative of third-party rights.
- Commercially exploit, resell, or run service bureau operations of the App Store version without prior written consent from the Company.
- Introduce any malicious software, such as viruses, Trojans, or spyware, that could harm or interfere with others' use of the Services or damage data or devices.
- Market, resell, or commercially exploit the Application to third parties without explicit written permission from the Company.
- Engage in unauthorized data mining, collection, or harvesting of data from other users.
- Transmit any material that could infringe on the intellectual or privacy rights of others.
Ownership and Confidentiality
The Application is licensed to you, not sold. You acknowledge and agree that we, or our licensors, retain all rights, title, and interest in and to the Application, including but not limited to all copyrights, patents, trademarks, trade secrets, and other intellectual property rights, as well as any proprietary rights associated with the Application.
This Agreement does not transfer any ownership or title in the Application or any related intellectual property or proprietary rights to you. You are granted a limited license to use the Application solely in accordance with the terms of this Agreement, and all rights not expressly granted to you herein are reserved by the Company or its licensors.
Prohibited Use
The User shall not use the Application or any related services for any illegal, unlawful, fraudulent, or malicious activities, including but not limited to the creation or dissemination of content that is obscene, offensive, defamatory, or infringes upon the rights of any third party.
Third-Party Services
The Application may rely on or integrate third-party services, including analytics tools, cloud storage providers, notification services, health or wellness-related service providers, authentication and social login platforms, and other technologies supporting application functionality. Such services operate under their own terms and privacy policies. The Company is not responsible for the acts or omissions of any third-party service providers.
Intellectual Property
You acknowledge and agree that we, along with our licensors, retain exclusive ownership of all intellectual property rights of any nature related to the Application and its Services, including, but not limited to, copyrights, trademarks, patents, trade secrets, and other proprietary rights.
All rights not expressly granted to you under this Agreement are reserved by the Company and its licensors. You are granted only a limited license to use the Application and its Services as set forth in this Agreement, and nothing herein shall be construed as transferring any ownership rights in the intellectual property of the Company or its licensors.
GDPR Compliance
We comply with the General Data Protection Regulation (GDPR) (EU) 2016/679 where applicable. If you are in the European Economic Area (EEA):
- During the 24 hours retention period by either the Company or the Third Party API, you may request access, correction, or deletion of your data as per GDPR rights by contacting us at: legal.hyperlinkinfosystem@gmail.com. We will facilitate such requests with the Third Party API where applicable.
- The lawful basis for processing your data (by both the Company and Third Party API) is the performance of this Agreement (GDPR Article 6(1)(b)). If you believe unintended data collection has occurred, contact us immediately.
- Other third-party services (e.g., app stores) may collect data under their own privacy policies, over which we have no control.
Modifications and Beta
The Company may modify or discontinue features in compliance with law and platform terms. “Beta” versions may be offered and may contain bugs, be unsupported, and be provided “as is”; use beta features at own risk.
Links to Third-Party Websites
The Services may contain links to other websites. We are not responsible for the content or activities of these websites, and it is your responsibility to comply with any applicable terms of use.
Warranty Disclaimer
The Company does not warrant that the Application or Services will meet your requirements or that the operation of the Application will be uninterrupted or error-free. You assume all responsibility and risk associated with selecting the Application to achieve your intended results, as well as for the installation, use, and any outcomes derived from the Application.
Termination
This EULA is effective until terminated. The User may terminate this Agreement by uninstalling and deleting the Application. The Company may suspend or terminate access for breach, unlawful use, or non‑compliance. Upon termination, all rights granted under this EULA end and the User must cease use and delete all copies.
Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the Republic of India. Any disputes arising out of or relating to this Agreement shall be exclusively resolved by the courts located in Ahmedabad, Gujarat, India, subject to any arbitration agreement below.
Dispute Resolution; No Class Actions
Disputes shall be resolved on an individual basis; class, consolidated, or representative actions are not permitted. If the parties agree to arbitration for a given dispute, it shall be conducted on an individual basis under applicable rules, and any court proceedings otherwise permitted shall be brought exclusively in Ahmedabad, Gujarat, India.
Severability; Waiver; Entire Agreement
If any provision is unenforceable, the remainder remains in effect. No waiver is effective unless in writing. This EULA constitutes the entire agreement regarding the Application and supersedes prior or contemporaneous understandings related to its subject matter.
Amendments
The Company may amend this EULA from time to time. The “Last Updated” date will be revised accordingly, and continued use after changes indicates acceptance. Material changes may be communicated via in‑app notice consistent with platform policies.
Local Laws
The Company operates the Application from Ahmedabad, Gujarat, India. We make no representations regarding the appropriateness or availability of our Services in any specific jurisdiction. Accessing or using the Services from territories where such content is prohibited is strictly forbidden. You are solely responsible for ensuring that your use of the Services complies with all applicable local laws and regulations in your jurisdiction.
Contact Information
If you have any questions about this Agreement or terms of Service you may contact us by email at: