Terms of using Quitaro

These Terms of Service (“Terms”) are an agreement between you and 4etverg LLC (“4etverg”, “we”, “us”, “our”), a New Mexico limited liability company (D-U-N-S 149931171), 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110-7825, United States. They govern your use of the Quitaro Android app (“Quitaro” or the “app”) and this website.

By installing or using Quitaro, or by making a purchase, you agree to these Terms and confirm that you have read our Privacy Policy. If you do not agree, do not use Quitaro.

Section 12 limits our liability, and Section 13 explains how disputes are resolved. Please read them.

1. Who can use Quitaro

You must be at least 13 years old to use Quitaro. If you are under 18, or under the age of majority where you live, you may use Quitaro only with the permission of a parent or legal guardian, who agrees to these Terms on your behalf. Any purchase must be made or approved by that parent or guardian. Google Play applies its own age, account and parental-approval rules to purchases.

Quitaro discusses tobacco use and nicotine withdrawal. It is not designed for or directed at children under 13.

2. What Quitaro is

Quitaro is a self-help app for people who are trying to stop smoking. It provides a daily check-in, a guided four-minute craving timer, a recovery timeline based on public-health sources, and simple estimates (cigarettes not smoked, money not spent) calculated from numbers you enter yourself.

Health disclaimer

Quitaro is not a medical device. It does not diagnose, treat, cure, mitigate or prevent any disease or condition, including nicotine dependence. Nothing in the app or on this website is medical advice, and using Quitaro does not create a doctor–patient or any other professional relationship. We do not promise that using Quitaro, or paying for it, will make you stop smoking.

Proven treatment helps. Counselling and approved stop-smoking medicines (such as nicotine replacement therapy, varenicline or bupropion) improve the chances of quitting. You can use Quitaro alongside them, but it is not a substitute for them. In the US, free quit coaching is available at 1-800-QUIT-NOW.

Talk to a doctor or pharmacist before or while you quit if you are pregnant or breastfeeding, if you have a heart, lung or mental-health condition, or if you take prescription medicines. Stopping smoking can change how some medicines work, and doses may need to be adjusted.

Nicotine withdrawal can affect your mood. If you feel very low or have thoughts of harming yourself, get help right away; in the US, call or text 988. In an emergency, call 911 or your local emergency number. Quitaro cannot detect or respond to emergencies, and you should not rely on it in one.

The recovery timeline describes what public-health sources (such as the NHS, WHO, the CDC and the National Cancer Institute) report tends to happen across groups of people who stop smoking. It is not a prediction or a guarantee about your body. Individual results vary. Money and cigarette figures are arithmetic from the numbers you enter.

The daily check-in

The daily “Smoke-free today” check-in is an honour system. It records what you tap. Nobody checks it, and Quitaro does not monitor, detect or verify whether you smoked.

If you tap “I smoked”, your count of consecutive smoke-free days restarts from day one. If you miss check-ins, you have 3 grace days; if you miss more than 3 days in a row, the count restarts from day one.

Your count affects one thing only: whether you can send a Friend Access invitation (Section 6). It never affects your access to Quitaro, and it never changes what happens to your payment.

3. No account; your data

Quitaro has no user account and no sign-in. Your check-in history, your count, your quit details and your other entries are stored on your device, under your control.

Your purchase is recorded by Google Play against the Google account you used to make it, and the app stores a record on your device that the purchase is complete. If you reinstall Quitaro or move to a new device, Quitaro recognises your purchase through Google Play when you use the same Google account. Your check-in history is not restored unless you exported it or your device’s own backup restores it.

Our Privacy Policy explains what is stored and how to export or delete it.

4. Price and payment

4.1 Free trial. You can use every Quitaro feature free for 3 days. The trial does not require payment details, does not start a subscription, and never turns into a charge on its own. To keep using Quitaro after the trial, make the one-time payment described below or redeem a Friend Access invitation (Section 6).

4.2 The one-time payment. Pick one of five amounts: US$25, US$50, US$75, US$100 or US$150. The app suggests the amount closest to one month of the cigarette spending you entered, but the choice is yours and we do not check it. Google Play shows the final price, which may be in your local currency and may include taxes that Google collects. Every amount unlocks the same Quitaro.

4.3 What you get. Your payment buys a personal licence to use every Quitaro feature, on devices signed in to the Google account you used to buy it, for as long as we make Quitaro available (see Section 10). There is no subscription and nothing renews. We will never charge you again to keep using Quitaro.

4.4 Payment processing. All payments go through Google Play’s billing system and are also subject to Google Play’s terms and policies. Google processes your payment details. We never receive or store your card, bank or other payment-instrument details.

4.5 Refunds. Refunds are handled under Google Play’s refund policies. You can ask for a refund through Google Play. You can also email support@4etverg.com, and we will consider your request. Except where Google Play’s policies or applicable law require a refund, payments are not refundable. If a payment is refunded, reversed or charged back, the unlock linked to it is removed and no donation is made on it. Nothing in this section limits any right you have under consumer-protection law that cannot be waived.

4.6 What your payment is, and what it is not. Your payment is the price of Quitaro. It is not a donation by you, and it is not a deposit, a stake, a wager or a bet. You cannot win or lose money with Quitaro: no money is ever paid, returned or credited to you or to any other user because of your check-ins, a slip, reaching day 60, or any other outcome. Because your payment is a purchase, it is not a tax-deductible charitable contribution by you, and we do not issue you a donation receipt. We do not give tax advice.

5. What your payment is

Your payment is the price of a licence to use Quitaro. It is not a donation by you, and it is not a deposit, a stake, a wager or a bet. No money is ever paid, returned or credited to you or to any other user because of your check-ins, a slip, reaching day 60, or any other outcome.

Because your payment is a purchase, it is not a tax-deductible charitable contribution by you, and we do not issue you a donation receipt. We do not give tax advice.

4etverg LLC gives part of what it earns from Quitaro to United States charities that work on lung cancer. 4etverg makes those gifts from its own funds, as the donor, and chooses the charities itself. That giving is 4etverg’s own commitment, described on our website. It is not a term of this agreement, it creates no trust, escrow or obligation in your favour, and it does not make you a donor to, member of, or supporter of any charity. No charity provides, operates, sponsors or endorses Quitaro.

6. Friend Access (inviting a friend)

6.1 Earning an invitation. If you have made the one-time payment and you reach 60 consecutive smoke-free days (counted as described in Section 2), however many starts it takes, the app lets you send one Friend Access invitation. Failing to hold those 60 days, including if you slip, forfeits only that invitation. It never revokes your own access.

6.2 What your friend gets. The person who redeems your invitation with your code gets permanent access to Quitaro, for as long as we make it available (see Section 10), on the same access terms as a paying user except as stated here. They pay nothing, make no commitment, and keep that access regardless of their own check-ins. Friend Access involves no payment, and no donation is made for it. A Friend Access user cannot send invitations.

6.3 If your friend later pays. A Friend Access user can make the one-time payment at any time, on the same terms as everyone else. From then on they are a paying user, and they can earn an invitation by reaching 60 consecutive smoke-free days after paying.

6.4 Rules. An invitation is a promotional gift. It has no cash value. It cannot be sold, bought, transferred for value or exchanged for money, and it is not a prize, reward payment, rebate, refund or return on your payment. Neither you nor your friend is entitled to any money in connection with it. An invitation must be redeemed within any period shown in the app. Your friend must meet the requirements in Section 1 and accept these Terms. Send invitations only to people you know who would want one. We may cancel invitations that are sold, traded, generated by tampering with the app, or otherwise misused.

7. Acceptable use

You agree not to:

• reverse-engineer, decompile or attempt to extract the source code of the app, except where applicable law gives you that right despite this restriction;
• tamper with, bypass or disable purchase verification, the trial, or Friend Access invitations;
• use the app in a way that violates applicable law;
• use the app to harass, harm or impersonate anyone;
• interfere with the app’s operation or attempt to gain unauthorised access to any 4etverg system.

8. Licence and intellectual property

Subject to these Terms, we grant you a personal, non-exclusive, non-transferable licence to install and use Quitaro for your own non-commercial purposes. After the free trial, this licence requires a completed payment or a redeemed Friend Access invitation.

The Quitaro app, its name and logo, and its written content (including the recovery-timeline notes and this website’s content) are owned by 4etverg LLC or its licensors. Third-party material we cite, such as public-health facts attributed to the NHS, WHO, the CDC or the National Cancer Institute, remains the property of its original publishers. You may not copy, redistribute or create derivative works from the app or this website without our written permission, except for normal personal use. Exporting your own data is always permitted.

9. Google Play and other third parties

These Terms are between you and 4etverg, not Google. Google is not responsible for Quitaro or its content. Your use of Google Play, and Google’s handling of your payment and account, are governed by Google’s own terms and privacy policy.

Links to sources and other websites are provided for reference. Those sites are run by third parties, and we are not responsible for them.

10. Changes to Quitaro, discontinuation and termination

We may update Quitaro and add, change or remove features. We will not put features you already have behind a new charge.

If we decide to stop offering Quitaro, we will aim to give at least 30 days’ notice in the app or on this website. Because Quitaro works on your device, the version you have installed may continue to work. However, we may stop providing updates, support and Google Play downloads, and future versions of Android may stop supporting it. Stopping Quitaro does not by itself entitle you to a refund, except where Google Play’s policies or applicable law require one.

You can stop using Quitaro at any time by uninstalling it. Because there is no account, there is nothing further to close. We may end your licence if you materially break Section 7, for example by circumventing purchase verification.

11. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, QUITARO AND THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT QUITARO WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DATA STORED ON YOUR DEVICE WILL NOT BE LOST, OR THAT ANY ESTIMATE, NOTE OR MILESTONE WILL BE ACCURATE FOR YOU.

We are not responsible for payment-processing errors, outages, or refund decisions made by Google Play. Those are governed by Google’s own terms and policies.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) 4ETVERG WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, ARISING OUT OF OR RELATING TO QUITARO, THIS WEBSITE OR THESE TERMS; AND (B) 4ETVERG’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO QUITARO, THIS WEBSITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR QUITARO OR US$50.

Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, for fraud, for gross negligence or willful misconduct, or any other liability that cannot be excluded or limited under applicable law. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.

This section does not, and is not intended to, limit your right to seek medical care. If you need medical attention, contact a healthcare professional or emergency services directly. Do not rely on this app or these Terms in a medical emergency.

13. Disputes and governing law

13.1 Talk to us first. If you have a problem with Quitaro, email support@4etverg.com and describe it. We will try to resolve it within 30 days before either of us starts formal proceedings. This does not apply to small-claims cases or to urgent requests for injunctive relief.

13.2 Governing law. These Terms are governed by the laws of the State of New Mexico, United States, and applicable US federal law, without regard to conflict-of-laws principles. If you are a consumer living outside the United States, you keep the protection of the mandatory consumer laws of the country where you live.

13.3 Where disputes are heard. Any dispute will be heard in the state or federal courts located in Bernalillo County, New Mexico, and you and we consent to the personal jurisdiction of those courts. However, either of us may bring an individual claim in a small-claims court in the county where you live, if the claim qualifies.

14. Changes to these Terms

We may update these Terms. We will post the updated Terms with a new “Last updated” date. For material changes, we will also notify you in the app or on this website before the changes take effect.

Changes apply going forward only. They will not reduce access you have already paid for, charge you again, or change the donation terms that applied to a purchase you have already made. Changes to Section 13 will not apply to a dispute that arose before the change.

If you do not agree to a change, stop using Quitaro. Continuing to use Quitaro after a change takes effect means you accept it.

15. General

These Terms, together with our Privacy Policy and, for purchases, Google Play’s terms, are the entire agreement between you and us about Quitaro. If any provision is found unenforceable, the rest remain in effect. If we do not enforce a provision, that is not a waiver of it. You may not transfer your rights under these Terms. We may transfer ours in connection with a merger, acquisition or sale of assets, provided that the new owner honours access already paid for and the donation terms of purchases already made. We are not responsible for delays or failures caused by events beyond our reasonable control.

16. Contact

4etverg LLC
D-U-N-S 149931171
1209 Mountain Road Pl NE, Ste R
Albuquerque, NM 87110-7825
United States
support@4etverg.com
https://4etverg.com