Terms of Use
These Terms of Use govern the relationship between Ismail Turan-Atmaca, whose address is available in the German Imprint, as the provider of Nichtraucher Pro (the "App") and you as a user. By installing or using the App, you accept these terms.
1. Scope
These terms apply to all App features. Additional terms may apply where a feature or content is provided by a partner or third party and we identify those terms separately.
2. Guests without registration
You can use the core statistics, including smoke-free time, cigarettes avoided and the savings calculator, without registering. Premium features, cross-device synchronisation and the community wall require a registered account.
3. Registration and account
(1) Registration is required for community features. There is no entitlement to registration.
(2) You must be at least 16 years old to register.
(3) You may not falsely claim to represent the App or impersonate a public or otherwise known person. We recommend using a nickname instead of your real name.
4. User obligations and community rules
(1) Keep your access credentials confidential and do not allow others to use your account.
(2) You must not misuse the App. In particular, you must not:
- publish unlawful, harmful, violent, pornographic or seriously youth-endangering content;
- bully, insult, threaten or harass others, or infringe their personal rights;
- encourage smoking or the use of tobacco, nicotine, vaping or other addictive substances, trivialise relapses, or advertise such products;
- make health or cure claims that could replace medical or therapeutic treatment;
- interfere with the App, other providers or third parties through messages, code or other input;
- infringe copyright, trademark, patent, privacy or other third-party rights.
(3) We may remove content that violates these terms, third-party rights or applicable law.
(4) You are responsible for all content distributed through your account.
(5) You retain copyright in your posts. By publishing content, you grant us a non-exclusive, worldwide, royalty-free licence to store, make available and distribute it within the App, including to promote the App, for as long as the content remains published or is lawfully retained in anonymised form.
(6) Commercial use of the App is not permitted.
(7) You indemnify us against third-party claims resulting from unlawful use of the App by you or with your approval, to the extent permitted by law. Tell us promptly if you become aware of an impending violation.
5. Reporting, moderation and appeals
(1) Report unlawful content, rule violations or user conduct through the in-app reporting feature or by emailing supportepiclappscom. We review each report manually and without undue delay.
(2) Where possible, we notify you if we remove or restrict your content or suspend your access based on a report or our own review.
(3) You may appeal a moderation or suspension decision within six months by emailing support. We review the appeal again and normally communicate the result within 14 days.
(4) External dispute resolution and access to the courts remain available.
6. Our rights and obligations
(1) We allow you to publish content subject to these terms. The service is made available free of charge within our technical and economic capabilities. We aim to keep it available but do not guarantee uninterrupted availability.
(2) We do not guarantee that all information in the App is complete, correct or current. If we learn that linked external content is unlawful, we remove the link without undue delay.
7. In-app purchases and Premium
Premium features are sold as one-time in-app purchases, normally priced between EUR 1.99 and EUR 9.99, through Google Play or the Apple App Store. There is no subscription or recurring charge. Ads are hidden for accounts with Premium enabled.
8. Right of withdrawal for digital content
(1) Consumers generally have a 14-day right of withdrawal when purchasing digital content.
(2) This right expires early if, before delivery begins, you:
- expressly agree that delivery of the digital content begins immediately; and
- confirm that this causes you to lose the right of withdrawal under section 356(5) of the German Civil Code.
Both confirmations are requested in the store before a Premium purchase.
(3) You may withdraw by sending an informal statement to supportepiclappscom. Refunds are processed through the respective store and its additional refund rules apply.
(4) Your statutory remedies for defective digital products under sections 327 et seq. of the German Civil Code remain unaffected.
9. No medical advice
Nichtraucher Pro is a self-help tool for quitting smoking and does not replace medical or therapeutic advice. Seek medical or psychological help if you have a strong nicotine dependency or health concerns.
10. Liability
We have unlimited liability for intent, gross negligence and claims under the German Product Liability Act. For ordinary negligence, we are liable for injury to life, body or health and for breach of essential contractual duties. For the latter, liability is limited to typical and foreseeable damage. Further liability is excluded to the extent permitted by law.
11. Termination and account deletion
You may delete your account at any time in Settings > Delete account or request deletion at supportepiclappscom. We delete the account and related personal account data without undue delay and no later than 30 days, unless statutory retention duties apply. Public posts, live chat content and public images may remain in anonymised form after their link to your account has been removed. See section 13 of the Privacy Policy.
12. Suspension and exclusion
We may temporarily suspend or permanently exclude an account for repeated or serious violations of these terms or applicable law. Where possible and reasonable, we issue a warning before permanent suspension. Particularly serious violations may result in immediate suspension. The appeal process in section 5 remains available.
13. Data protection
We protect your personal data and privacy in accordance with the GDPR, BDSG and TDDDG and follow the principle of data minimisation. Details are available in the Privacy Policy.
14. Final provisions
(1) We may update these terms where necessary, provided the change does not unreasonably disadvantage you. Material changes are announced in the App. If you disagree, you can stop using the App and delete your account.
(2) To the extent permitted by law, Stuttgart is the place of performance and jurisdiction. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection rules of another EU member state in which you reside remain unaffected.
(3) If any provision is wholly or partly invalid, the remaining provisions remain effective. The invalid provision is replaced by the applicable statutory rule.
15. Contact and dispute resolution
For questions about these terms, email supportepiclappscom.
We are neither willing nor required to participate in dispute resolution proceedings before a consumer arbitration board under section 36 VSBG.