By downloading, installing, creating a profile in, or otherwise using the Lungful app ("App"), you agree to be bound by these Terms of Use ("Terms") and our Privacy Policy, which is incorporated here by reference.
If you do not agree to these Terms, do not use the App.
These Terms form a legally binding agreement between you and Digitalix Inc ("we," "us," or "our"), an S corporation registered in Nevada, USA.
You must be at least 18 years of age to use this App.
By using the App, you represent and warrant that you are 18 years of age or older. If you are under 18, you are not permitted to use this App, and you must uninstall it immediately. We reserve the right to terminate accounts or access we believe belong to users under 18.
Lungful is a motivational tracking and self-support tool designed to help adults who want to quit or reduce their use of vaping, smoking, and other nicotine products. It provides streak tracking, craving support tools, habit logging, a virtual companion, educational content, and community features.
Lungful is not a medical device, medical service, clinical tool, or healthcare provider. Nothing in this App constitutes medical advice, diagnosis, or treatment.
Specifically:
If you have a health condition, are pregnant or breastfeeding, are experiencing severe nicotine withdrawal symptoms, or have any concerns about your physical or mental health, consult a qualified healthcare professional before using this App as your primary cessation support.
Nicotine withdrawal can cause physical and psychological symptoms including irritability, anxiety, difficulty concentrating, sleep disturbance, and low mood. These are normal and typically improve over days to weeks. However, if you experience severe symptoms (including severe depression, thoughts of self-harm or suicide, chest pain, difficulty breathing, or any symptoms that concern you), seek medical attention immediately.
This App is not equipped to provide emergency medical or mental health intervention.
Crisis resources:
Lungful does not require you to create an account with a username and password. Your data is stored locally on your device.
You are responsible for:
We cannot recover data lost due to device loss, damage, factory reset, or app deletion. If you delete the App, your local data is permanently deleted.
Core features (including the streak timer, craving SOS tools, the virtual companion and its basic care, earned milestone items, and the health timeline) are available free of charge and will remain so.
Additional features are available through an auto-renewing subscription billed weekly, monthly, or annually. Current pricing is displayed in the App at the time of purchase and in your device's app store listing.
All billing is processed by Apple (App Store) or Google (Google Play), not by us. By purchasing a subscription, you authorize Apple or Google to charge your payment method on a recurring basis. Your subscription automatically renews at the end of each billing period at the then-current price unless you cancel before the renewal date. You will be charged within 24 hours before the end of the current period.
If a free trial is offered, the duration and the price that applies after the trial will be clearly stated before you subscribe. If you do not cancel before the trial period ends, your payment method will be charged at the applicable subscription price.
You may cancel your subscription at any time through:
Cancellation takes effect at the end of the current billing period. You retain access to premium features until the period ends. We do not offer refunds for unused portions of a subscription period. For refund requests, contact Apple or Google directly; they process all payments and refunds.
We may change subscription prices with reasonable notice. Continued use of the App after a price change takes effect constitutes your acceptance of the new price.
All content in the App (including but not limited to text, graphics, animations, virtual companion character designs, artwork, audio, music, software code, and the Lungful name and logo) is owned by or licensed to Digitalix Inc and is protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial purposes, subject to these Terms.
You may not:
You agree not to use the App to:
If community or social features are available, you are solely responsible for any content you post or share. By posting content, you grant us a non-exclusive, royalty-free, worldwide licence to display that content within the App.
You agree not to post content that is:
We reserve the right to remove any content and suspend or terminate any user's access to community features without notice for violations of these standards. We moderate community content on a best-efforts basis but do not guarantee review of all posts.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES INCLUDING, WITHOUT LIMITATION:
Results from using this App vary between individuals. We make no guarantee of any particular outcome.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Digitalix Inc AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR:
ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In those jurisdictions, our liability is limited to the maximum extent permitted by applicable law. Nothing in these Terms limits liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, where such limitation is not permitted by law.
You agree to indemnify, defend, and hold harmless Digitalix Inc and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:
These Terms are governed by and construed in accordance with the laws of Nevada, USA, without regard to its conflict-of-law principles.
Subject to Section 14 (Dispute Resolution; Binding Arbitration; Class Action Waiver) below, and except for any Dispute that proceeds in court as permitted by that section, any dispute, claim, or controversy arising out of or relating to these Terms or the App that is not subject to arbitration shall be resolved exclusively in the courts of the State of Nevada, USA, and you consent to the personal jurisdiction of those courts.
Note for EU/UK users: Nothing in these Terms affects your statutory rights as a consumer under the laws of your country of residence, including rights under EU consumer protection directives or UK consumer law.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. IT REQUIRES YOU AND US TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION WITHIN 30 DAYS, AS DESCRIBED IN SECTION 14.4.
This Section 14 applies to the fullest extent permitted by applicable law. If you reside in the European Union, the European Economic Area, the United Kingdom, or any other jurisdiction whose mandatory consumer law prohibits pre-dispute arbitration agreements or class action waivers, this Section 14 does not apply to you to the extent it conflicts with that law, and nothing in this Section removes any non-waivable right or remedy you have under the law of your country of residence (see also the note in Section 13).
Before starting an arbitration or any formal proceeding, you and we agree to first try to resolve the dispute informally for at least 60 days. To begin, the complaining party must send the other a written notice of dispute that describes the claim and the relief sought. Send your notice to us at abcdomainnames@gmail.com with the subject line "Notice of Dispute." You and we agree to negotiate in good faith during this period. Completing this informal-resolution process is a condition that must be satisfied before either party may start arbitration, and the 60-day period pauses (tolls) any applicable statute of limitations.
If the dispute is not resolved within the 60-day informal period, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the App, our services, or our relationship with you (each, a "Dispute") will be resolved by binding individual arbitration, rather than in court, except as set out in Sections 14.3, 14.4, and 14.7. This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. Sections 1 et seq.) and evidences a transaction involving interstate commerce. The term "Dispute" is intended to be given the broadest meaning permissible and includes claims that arose before these Terms.
Notwithstanding Section 14.2, either party may:
Pursuing a claim within one of these exceptions does not waive the right to arbitrate any other Dispute.
You may opt out of this arbitration agreement (Sections 14.2, 14.5, and 14.6) within 30 days of the date you first accept these Terms. To opt out, send an email to abcdomainnames@gmail.com with the subject line "Arbitration Opt-Out" and include your name and a clear statement that you do not wish to resolve Disputes through arbitration. This is the only way to preserve your right to litigate in court (other than the exceptions in Section 14.3). Opting out has no effect on any other part of these Terms, will not affect your use of the App, and will not result in any retaliation. If you opt out, Section 13 (resolution in the Nevada courts) governs your Disputes.
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, each as in effect when the arbitration is commenced and as modified by these Terms. The AAA Rules are available at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistent with these Terms, you and we will agree on an alternative administrator, or a court of competent jurisdiction will appoint one. A single neutral arbitrator will conduct the arbitration.
For any Dispute where the amount in controversy is $25,000 or less, you may choose whether the arbitration is conducted (a) solely on the basis of documents submitted to the arbitrator, (b) through a telephone or video hearing, or (c) by an in-person hearing as established by the AAA Rules. Unless you and we agree otherwise, any in-person hearing will take place in the U.S. county (or equivalent) of your residence, or, at your option, by video. The arbitrator's award will be in writing and, if requested by either party, will state the essential findings and conclusions. Judgment on the award may be entered in any court of competent jurisdiction.
The arbitrator, and not any federal, state, or local court, has exclusive authority to resolve any Dispute, including any question about whether these Terms, or any portion of them, are arbitrable. The arbitrator may grant any relief that a court could grant on an individual basis under applicable law, including individual statutory damages, and may award the individual relief described in Section 14.5. The arbitrator may not preside over any form of class, collective, consolidated, or representative proceeding, except as expressly provided in the coordinated-filings procedure in Section 14.8.
You and we agree that each may bring Disputes against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or other representative proceeding. The arbitrator may not consolidate or join the claims of more than one person, and may not otherwise preside over any form of representative or class proceeding, except as expressly provided in the coordinated-filings procedure in Section 14.8.
If this Section 14.7 (the class action waiver) is found to be unenforceable or invalid as to all or any part of a Dispute, then Sections 14.2 and 14.5 through 14.8 (the agreement to arbitrate) will not apply to that Dispute or that part of it, which will instead proceed in court under Section 13; the remainder of these Terms will continue to apply. This means the class action waiver cannot be severed from the agreement to arbitrate.
If 25 or more similar demands for arbitration, presented by or with the assistance or coordination of the same or coordinated counsel or entities, are submitted against us at or around the same time, you and we agree that the AAA Mass Arbitration Supplementary Rules (or the equivalent rules of any alternative administrator) apply, and that the following bellwether process is used to promote efficiency and resolution:
Second opt-out for mass filings. If your demand is or becomes subject to this Section 14.8, you may opt out of this coordinated-filings procedure (but not out of individual arbitration itself) by sending written notice to abcdomainnames@gmail.com within 30 days after the administrator notifies you that your demand is part of a coordinated or mass filing. If you opt out under this paragraph, your demand will proceed as an individual arbitration under the standard AAA Consumer Arbitration Rules. Any applicable statute of limitations and any AAA filing deadlines are tolled while demands are batched or stayed under this Section.
Payment of all filing, administration, and arbitrator fees is governed by the applicable AAA Rules, including the AAA Consumer Arbitration Rules and, where applicable, the Mass Arbitration Supplementary Rules and the AAA fee schedules in effect when the arbitration is commenced. We will pay or reimburse any fees that those rules require us to bear. Each party is otherwise responsible for its own attorneys' fees and costs, unless a statute or the arbitrator's award provides otherwise.
If we make a material change to this Section 14 after you first accept these Terms, you may reject the change by sending written notice to abcdomainnames@gmail.com within 30 days of the change taking effect, in which case the most recent version of this Section 14 before that change will apply to you. A change to this Section does not revive an opt-out right that has already expired.
This Section 14 survives termination of these Terms and any deletion of, or decision to stop using, the App.
The App integrates with third-party services including Apple App Store, Google Play, and RevenueCat (for subscription management). Your use of those services is governed by their own terms and privacy policies, which we encourage you to review. We are not responsible for the practices or content of third-party services.
The App may contain links to external websites or resources. We are not responsible for their content, privacy practices, or availability.
This section applies only if you downloaded or accessed Lungful through the Apple App Store. Apple Inc. ("Apple") requires the terms below, which supplement the rest of these Terms. If anything in this section conflicts with another provision of these Terms for App Store downloads, this section controls, but only for the subject it covers.
We may update these Terms from time to time. When we do, we will update the "Last Updated" date and notify you of material changes via an in-app notice. Your continued use of the App after updated Terms are posted constitutes your acceptance of those changes. If you do not agree to the updated Terms, stop using the App.
We reserve the right to suspend or terminate your access to the App at any time, with or without notice, for conduct that we determine, in our sole discretion, violates these Terms or is harmful to other users, us, or third parties. Upon termination, your right to use the App ceases immediately. Locally stored data remains on your device and can be deleted manually.
You may stop using the App at any time. Uninstalling the App does not automatically cancel an active subscription; cancel via your App Store or Google Play account settings.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, and all remaining provisions will remain in full force and effect.
These Terms and our Privacy Policy constitute the entire agreement between you and us regarding the App and supersede any prior agreements or understandings.
Questions about these Terms? Contact us:
Digitalix Inc
abcdomainnames@gmail.com
These Terms of Use apply to the Lungful iOS and Android applications. Last updated: June 17, 2026.