1. GENERAL INFORMATION

1.1 ISMOKAY PRODUCTS

These Terms and Conditions (these “Terms”) contain the terms and conditions under which we provide content, products or services presented on www.ismokay.com (the “Site”), through our applications (the “Applications”) or through other delivery methods for you (the website and such content, products, services and applications are collectively referred to here as the “Product” or “Products”, which may be updated from time to time, at Ismokay’s sole discretion. Read these terms and conditions with attention before ordering any product on the website or in third-party app stores (in our case, the Apple App Store, the Android Play Store). The terms “ISMOKAY”, “we” or “we” refer to MCS APPLICATION DEVELOPMENT – ISMOKAY. The term “Device” refers to the device used to access the Products, including, but not limited to, computers, smartphones and tablets. The term “you” refers to the user of the Products. When you order (“Order “) which one whether you use the Product, or use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate location before purchasing access to the Products. At that time, if you do not click on “I Accept”, you may not be able to complete that purchase or gain access. By using the Products, you indicate that you accept these Terms and agree to abide by them. If you do not agree with these Terms, avoid using the Products.

Our contact email address is help@ismokay.com. All correspondence with Ismokay, including any questions you may have regarding the use of the Products or these Terms, should be sent to this contact email address.

1.2 ARBITRATION NOTICE AND CLASS ACTION EXEMPTION

PLEASE NOTE THESE TERMS CONTAIN AN ARBITRATION CLAUSE. Except for certain types of disputes mentioned in the arbitration clause, you and Ismokay agree that disputes relating to these terms or your use of the products will be resolved by mandatory arbitration, and you and Ismokay will be bound by the rights of Art. LAW OR ARBITRATION IN ALL CLASS.

1.3 LICENSE BASE

(a) These Terms and the Order establish the entire contract between you and us for the provision of the Products. To participate in certain products, you may be required to agree to additional terms and conditions; these additional terms are incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms will prevail.

(b) Verify that the details in these Terms and Order are complete and accurate before you use or commit to purchasing the Products. If you think there is an error, request confirmation of any changes in writing, as we only accept responsibility for statements and representations made in writing by an Ismokay official.

(c) AS PART OF YOUR USE OF THE PRODUCTS, YOU STILL AFFIRM THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND IN BRAZIL, INCLUDING THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND IN BRAZIL FOR THE PURPOSE OF PAYMENT PROCESSING AND TRACKING THE INDIVIDUAL USE OF PRODUCTS. WE WILL TAKE MEASURES THAT NEED TO COMPLY WITH THE APPLICABLE LAW REGARDING THE TRANSFER, STORAGE AND USE OF CERTAIN PERSONAL INFORMATION.

1.4 AMENDMENT OF TERMS

Ismokay reserves the right to change or update these Terms, or any other of our policies or practices, at any time and will notify users by posting the amended or updated Terms on this page. Any changes or updates will take effect immediately after publication on www.ismokay.com. Your continued use of the Products constitutes your agreement to comply with the amended Terms. Under certain circumstances, we may also choose to notify you of changes or updates to our Terms by other means, such as pop-ups or push notifications on products or email.

2. MEMBERS AND SIGNATURES

2.1 BECOME A MEMBER

(a) You can sign up as a registered user of the Products for free (a “Member”). To become a Member, you need to go to the relevant section of the Products, send your email address to us and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device.

(b) In the course of your use of the Products, you may be asked to provide certain personalized information to us (this information is referred to below as “User Information”). This user information may include information from your Facebook, Google and similar social media profiles. Our policies for collecting and using information regarding the privacy of such User Information are set out in the Privacy Policy of Ismokay. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information and agree to keep it up to date.

(c) When placing an order through the products, you guarantee that:

(i) You are legally able to accept binding contracts; (ii) All registration information submitted by you is true and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Products does not violate any applicable law or regulation.

2.2 ONCE A MEMBER

You are responsible for maintaining the confidentiality of your account, password and other user information and for restricting access to your device to help protect that information. You are responsible for updating your user information.

When you become a member, you will be able to subscribe to our services annually.

2.3 USE OF ISMOKAY BY MINORS

You must be 18 or of age in your province, territory or country to register as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may use the Products only with the involvement and consent of the parent or legal guardian, under that person’s account and subject to these Terms.

By agreeing to become a Member, you agree to occasionally receive special offers, marketing, surveys and product-based communication emails. You can easily unsubscribe from Ismokay commercial emails by following the opt-out instructions in those emails. Ismokay memberships and subscriptions are non-transferable and therefore cannot be sold, exchanged or transferred in any way.

2.4 SUBSCRIPTIONS

(a) Ismokay account holders can access the Products in two ways:

(1) Free trial: you will have free and unlimited access to our Products for a period of seven days. To use the free trial, you must provide the bank details for automatic billing of the subscription after the seven days of evaluation, provided that you do not cancel the subscription within seven days.

(2) Paid subscription: a program based on a subscription fee, which gives access to all content. You will have access to the Ismokay Program only as long as your subscription is active and subsisting. You can have access to a free trial period of the Subscription Program, according to certain promotional offers. All subscription services provide access through the Products. You can become a subscriber to the Subscription Program by purchasing a subscription to the Products on the website, within applications, where permitted by application market partners, or through a package with one or more of our package subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale will be final and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which may also not provide refunds. If you purchase a subscription on the Google Play store, the sale will be final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which may also not provide refunds. If you purchase through one or more of our package subscription partners, purchase may be subject to the terms and conditions of those partners, and payment and management of the package subscription may be administered by them.

(b) Ismokay offers an annual subscription. For the purposes of our annual subscriptions, one month constitutes 30 calendar days and one year constitutes 365 calendar days.

(c) Our “Annual” subscription is paid for an initial one-time payment with automatic annual renewals. You acknowledge and agree that Ismokay is authorized to charge the Payment Method used for (1) the initial annual subscription fee at the rate guaranteed at the time of purchase and (2) the renewal fee (s) for renewal without discount. You must cancel your subscription before it is renewed in order to avoid being billed for the renewal subscription fee on the payment method provided. It is not possible to claim refunds for any partial subscription period.

(d) You agree to promptly notify Ismokay of any changes to the payment method you have provided while any subscriptions remain pending. You are responsible for all applicable fees and charges incurred, including applicable taxes and all subscriptions purchased by you.

(e) In the course of using the Products, Ismokay and its third party payment service provider may receive and implement updated credit card information from the credit card issuer in order to prevent your subscription from being interrupted by an outdated card or invalid. This disbursement of updated credit card information is provided to Ismokay and Ismokay’s third-party payment service provider in the exclusive choice of your credit card issuer. Your credit card issuer may give you the right to choose not to participate in the update service. If you wish, contact your credit card issuer.

(f) Our obligation to supply the Products only arises when we receive your order and confirm your purchase by email. We will confirm your order and send you an email to confirm your access to the purchased subscription. Please indicate the order number in all subsequent correspondence with us. Prices in reais, dollars and euros include local taxes. You agree not to be responsible for bank charges incurred due to payments in your account. If payment is not received by us from the payment method provided, you agree to pay all amounts due on demand by us. You agree that you are not permitted to resell any Products purchased through Ismokay for commercial purposes.

2.5 DEVICE REQUIREMENTS

To enjoy Ismokay through your smartphone or other device, the device must meet certain system requirements. These requirements can be found on the website and in the Google and Apple markets.

2.6 GIFTS

“Gift subscriptions” are pre-paid associations to the Products. A person who buys the gift is referred to in these terms as the “Gift”. A person who receives and redeems a Gift Subscription for Products is referred to in these terms as “Recipient”. Gift subscriptions are paid as a one-time initial payment. Once purchased, the Donor will receive an order confirmation and receipt. The signature of the Ismokay gift will be sent to the Recipient on the specified date of the Donor. Offer codes can only be used once in the country for which they were purchased and cannot be redeemed for cash, resold or combined with other offers, including free trial. Please note that gift codes cannot be redeemed if the Recipient has already purchased a subscription through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application. We will automatically charge the payment method you provided as soon as the offer code has been used in the app. This way you will not be charged if the Recipient does not use the code. Ismokay will notify the Recipient before the end of the Gift Subscription that the gift period is about to expire. Ismokay is not responsible if a Gift Subscription is lost, stolen or used without permission.

2.7 CORPORATE COMMUNITIES AND OTHER CONSUMER COMMUNITIES

Although Ismokay is a consumer products company, there is a growing interest in large consumer communities (companies, universities, hospitals, etc.) (“Communities”) in presenting products to their employees and members. In some cases, these communities may supplement these terms with their own terms and conditions. In that event, these Community terms and conditions also apply to your use of the Products. In the event of any conflict with such additional terms and these Terms, these Terms will prevail.

2.8 CHANGE OF FEES AND FEES

We reserve the right to change our subscription plans or adjust the prices of our service or any component thereof, in any way and at any time, as we determine in our sole and absolute discretion. Except as expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect after notice.

3. CANCELLATION OF SERVICES

3.1 CANCELLATION BY YOU

(a) You can cancel an annual subscription plan at any time. The cancellation is effective at the end of the applicable annual period. In addition, our annual subscription plan is offered with the possibility of a free trial for seven days, which entitles you to cancel your subscription during this period. No refunds will be applied to subsequent subscription renewals or annual subscriptions purchased from the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application.

(b) Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you can cancel your subscription by canceling the automatic renewal of paid application subscriptions by selecting Manage application subscriptions in your iTunes account settings and selecting the subscription you want to modify. If you purchase a subscription on the Google Play store, you can cancel automatic renewals of your account settings under Subscriptions in the Google Play app or according to the current process described by Google Play.

3.2 CANCELLATION BY US

We may suspend or terminate the use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension cannot be immediate and without prior notice. A violation of these Terms includes, without limitation, unauthorized copying or downloading of our audio or video content from the Products.

3.3 PROMOTION AND DISCOUNT CODES

Any promotional code or offer (including Special Discount Pricing Options) provided by us cannot be used in conjunction with any other past or present promotional code or offer. Introductory offers are only available to new users of the Products, unless expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. No promotional code or discount will be applied to corporate subscriptions or other Community subscriptions. Unless otherwise specified under any promotion, all promotions or price discounts will apply to the initial subscription period and any renewals will be charged at the rate not discounted by the type of subscription purchased.

4. PROHIBITED USE OF PRODUCTS

4.1 You agree not to send, publish, e-mail or otherwise send or transmit any material that contains software viruses or any other code, files or computer programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment directly or indirectly linked to the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of the networks connected to the Products. You cannot access the products in an unauthorized manner.

4.2 You agree not to impersonate another person while using the Products, to behave in an offensive manner when using the Products or to use the Products for any illegal, immoral or harmful purpose.

4.3 By violating the provisions of this section 4, you may commit a crime in accordance with applicable laws. We can report this violation to the relevant law enforcement authorities and can cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.

4.4 You agree not to use the Products for any purpose related to scientific research, analysis or evaluation of the Products without Ismokay’s express written consent.

5. MATERIALS OFFERED THROUGH PRODUCTS

5.1 COPYRIGHT

(a) All materials (including software and content, downloaded or not) contained in the Products are the property of Ismokay (or our affiliates and / or third parties, where applicable), unless otherwise stated. You agree and acknowledge that the materials are valuable property and that, in addition to any specific and limited license to use such materials, you must not acquire any ownership rights in those materials. The materials may not be used, except as set out in these Terms and any other relevant terms and conditions provided to you without our prior written permission.

(b) You acknowledge and agree that certain materials in the Products are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each of those licensors has the right to directly apply the relevant provisions of section 12 against you.

(c) Ismokay’s audio or video content not explicitly stated as downloadable may not be downloaded or copied from the Products or any Device.

(d) The products are not intended for commercial use. Commercial advertisements, affiliate links and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so with us. The material in the Products may not be copied or distributed, republished or transmitted in any way without our prior written consent. Any unauthorized use or violation of these Terms will immediately and automatically terminate your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, illegality, harassment, defamation, invasion of third party privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the products. Appropriate legal actions can be taken for any illegal or unauthorized use of the Products.

(e) A limited amount of content can be marked and authorized for the user to share on their personal social channels (Facebook, Twitter, etc.). Regarding the content made available by Ismokay through products that are specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online comment, analysis or review (“User Comment”), Ismokay grants you a limited right to download, reproduce and distribute Distribution Content over the Internet as part of User Comment. You can also modify this Distribution Content, but only as necessary to technically enable the display and distribution of that content through your computer systems and over the Internet (for example, a change in the video format or file size), provided that such modification does not materially alter the substance or quality of such content. Your display and distribution of the Distribution Content may also be subject to other terms and conditions set out in the description of that content on the Products, such as display and distribution of the Distribution Content only within the specified dates of use. You agree not to post the Distribution Content with other content that you know to be false, inaccurate or misleading or that encourages illegal, harmful, threatening, abusive, harassing, torturing, defamatory activities or conduct, vulgar, obscene, pornographic, defamatory, invasive of third party privacy, hateful or racial, ethnic or objectionable. Distribution Content may contain trackers that allow us to collect information regarding the distribution and consumption of such content.

(f) Otherwise, you may not download, display, copy, reproduce, distribute, modify, execute, transfer, create derivative works on, sell or exploit any content, code, data or materials of the Products. If you make any other use of the Products, or the content, code, data or materials, except as provided above, you may violate the copyright and other laws of the United States, Brazil and other countries and applicable state laws. subject to liability for such unauthorized use. Ismokay will enforce its intellectual property rights to the fullest extent of the law, including the pursuit of criminal prosecution.

5.2 TRADEMARKS

Ismokay®, the Ismokay logos and all other Ismokay products or service marks are trademarks of Ismokay. All intellectual property, other trademarks, logos, images, product and company names displayed or mentioned on or in the Products are the property of their respective owners. Nothing grants you any license or right to use, change or remove or copy this material. Misuse of the trademarks displayed on the Products is strictly prohibited. Ismokay will apply its trademark rights to the fullest extent of the law, including the pursuit of criminal prosecution.

6. PRODUCT AVAILABILITY

6.1 While our goal is to provide the best possible service, we do not promise that the Products will meet your needs and we cannot guarantee that the Products will be free from failure. If a failure in the Products occurs, please report it to help@Ismokay.com and we will review your complaint and, when we determine that it is appropriate to do so, we will correct the failure. If necessary, we can suspend access to the Products while resolving the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period.

6.2 Your access to the Products may occasionally be restricted to allow for repairs, maintenance or the introduction of new installations or products. We will restore Products as soon as possible. In the event of unavailability of the Products, our normal order and cancellation deadlines apply; notify us of changes to your order by sending an email to help@ismokay.com.

7. USER MATERIAL

7.1 The Products may allow you to send material to us: for example, you can upload a photo to your profile, post subjects and comments in the community, participate in surveys and comment on various subjects in various parts of the Products. You can send videos, images or sounds. In these Terms, we use the term “User Material” to refer to any publicly available material of any kind you send to us, including text, files, images, photos, videos, sounds and musical or literary works. The User Material does not include the account information, the purchase of the Product or the product usage information that you provide when registering and using the Products.

7.2 This section 7 establishes the rights and obligations that each of us has in relation to the User Material. If you review or submit User Material, you agree to do so in accordance with these Terms. If you do not wish to review or submit User Material in accordance with these Terms, you should not do so.

7.3 We do not systematically analyze user material sent by you or other users. We are not responsible for the content of user material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about the User’s Material, including its legality or accuracy.

7.4 We reserve the right, at our sole discretion, to refuse the publication, removal or edition of any user material, or to restrict, suspend or terminate your access to all or part of the products, especially when the user material violates in this section 7, and we can do this with or without notice.

7.5 We may link User Material or parts of User Material to other material, including material sent by other users or created by Ismokay or third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise Ismokay. You acknowledge that we may indirectly benefit commercially from the use of your user material.

7.6 Each time you send user material to us, you represent and warrant to us as follows:

(a) You own the user’s material or have the right to upload it and, by submitting it, you will not infringe any third party rights, including intellectual property rights (such as copyright or trademark), privacy or copyright advertising, confidentiality rights or contractual rights.

(b) Your user material is not illegal, obscene, defamatory, threatening, pornographic, offensive, hateful, racially or ethnically offensive and does not encourage conduct that would be considered criminal offense and does not create civil liability, violates any law or is considered inappropriate.

(c) Your user material does not advertise any product or service or solicit any business.

(d) The User Material does not identify any individual (including by name, address or still image or video) under the age of 18 and if the User Material identifies any individual over the age of 18, you have the consent of that person to be identified in exactly this way in your user material; and by submitting user material, you are not impersonating someone else.

(e) You will not collect email addresses from users for the purpose of sending unsolicited email.

(f) You will not engage in criminal or tortuous activities, including fraud, spam, spying, sending viruses or other harmful files, copyright infringement, patent infringement or theft of trade secrets, nor will you attempt to impersonate another user or person .

(g) You will not engage in any automated use of the system, such as using scripts to alter our content.

(h) You may not, without authorization, access, tamper with or use non-public areas of the Products, Ismokay’s computer systems or the technical delivery systems of Ismokay’s suppliers.

Except where necessary, to maintain your own computer security, using commercially available commercial antivirus or antimalware products, you will not attempt to analyze, scan or test the vulnerability of the Products or any other Ismokay system or network or breach any security or authentication measures.

7.7 We have the right to identify you to third parties who claim that your rights have been violated by the user material you have submitted.

7.8 User material is not considered confidential. You agree not to submit any content as User Material in which you have any expectations of privacy. We do not claim ownership rights in your material. However, by submitting User Material, you grant Ismokay an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to use, transmit, copy, execute, display, edit, distribute and exploit the User Material that you post on the Products, or any part thereof, and any ideas, concepts or knowledge contained therein, with or without attribution, and without requiring any permission or payment from you or any other person or entity, in any way (including, without limitation), for commercial, advertising, commercial, promotional or advertising purposes) and in any and all media known or designed to follow and prepare derivative works of, or incorporate into other works, such user materials, and grant and authorize sublicenses of the foregoing without any cash payment or any other form of consideration for you or any third party. Ismokay may include your user material in the distribution content of Ismokay, made available to others through the Products. Be aware that Ismokay has no control over the user’s material after he leaves the products, and it is possible that others may duplicate the material found in the products, including, but not limited to, Internet sites. You represent and warrant that you own or control the rights to your user material. You agree to indemnify Ismokay for all claims arising out of or related to any claims of rights in User Material or for damages arising from User Material.

7.9 Any questions, comments, suggestions, ideas and other information that are not part of your use of the Products or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, publishing, emailing or submitting Product Submissions, you grant and represent and warrant that you have the right to grant Ismokay an irrevocable, perpetual, non-exclusive, royalty-free license worldwide license to use, transmit, copy, execute, display, edit, distribute and otherwise exploit the Submissions, or any part thereof, and any ideas, concepts or knowledge contained therein, with or without attribution and without requiring any permission from or payment to you or any other person or entity, in any way (including, without limitation, for commercial, advertising, trade, promotion or publicity purposes) and in any and all media now known or created later and to prepare derivative works of, or incorporate in other works, such Submissions, and grant and authorize sub-licenses of the previous items without payment of money or any other form of consideration for you or a third party. You also acknowledge that your shipments will not be returned to you and that Ismokay is under no obligation to confirm receipt or respond to any shipments. If you make a submission, you represent and warrant that you own or control the rights to your submission. You agree to indemnify Ismokay for all claims arising out of or related to any claims to any rights in any Submission or for damages arising out of any Submission.

8. LINKS TO WEBSITES / HOME PAGE

8.1 We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of these sites or services. We are not responsible in any way: (a) availability, (b) privacy practices, (c) content, advertising, products, goods or other materials or resources available or available from, or (d) the use used by others people on those other sites or services. We are also not responsible for any damage, loss or offense caused or allegedly caused by, or in connection with, the use or reliance on such sites or services.

8.2 You can create a link to our home page, as long as it is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in order to suggest any form of association, approval or endorsement on our part, where it doesn’t exist. You must not establish a link from any website that you do not own. The Products must not be framed on any other website, nor can you link to any part of the Products, unless you have written permission from Ismokay. We reserve the right to withdraw binding permission with written notice. The website you are linking from must be in all respects compliant with the content standards set out in our acceptable use policy. If you wish to make use of any material from the Products other than that described above, send your request to help@ismokay.com.

9. LEGAL NOTICE FOR PRODUCTS

The information contained in the products is for general information purposes only. While we strive to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the integrity, accuracy, reliability, suitability or availability in relation to the Products or the information contained in the Products for any purpose. Therefore, any confidence you place in this information is strictly at your own risk.

10. EXEMPTION FROM MEDICAL LIABILITY

10.1 Ismokay is a provider of Compartmental Burrows content and reduction of online and mobile tobacco use in the health and wellness space. We are not providers of healthcare or medical devices, nor should our Products be considered medical advice. Only your doctor or other healthcare professional can do this. Although there is research evidence that the use of Compartmental Exchanges can assist in reducing tobacco use and recovering from a wide variety of conditions, in addition to improving some organism and social relationship performance problems, Ismokay makes no claims, representations or guarantees that the Products offer a therapeutic benefit.

10.2 Any information and health links in the Products, provided by Ismokay or by contract with external suppliers, are provided for your convenience only.

10.3 Any advice or other material on the Products is for general information purposes only. They are not intended to be reliable and do not replace professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare professionals and not to replace you. We are not responsible for any consequences of having read or informed about such advice or other materials, as you assume full responsibility for your decisions and actions. In particular, to the maximum extent permitted by law, we make no representation or warranty as to the accuracy, completeness or suitability for any purpose of the boards, other materials and information published as part of the Products.

10.4 People with certain psychiatric problems, such as anxiety and depression, may experience worsening conditions in conjunction with the practice of the Ismokay methodology. People with existing mental health conditions should talk to their health professionals before starting to use our methodology.

10.5 We are not responsible for any harm that may happen to our users, whether by reducing or not the consumption of cigarettes, whether by using our proposed series of exercises and stretches, or by applying our Behavioral Changes suggestions, or by any content made available in our application.

10.6 We recommend that your doctor is consulted regarding the use of Ismokay as an aid to smoking cessation, especially if you have a pre-existing disease.

11. END USER LICENSE

11.1 Subject to the terms of this license agreement (“License Agreement”), as set forth in this section 11, and these other Terms, in addition to paying the applicable subscription fees, Ismokay grants you a limited, non-exclusive, revocable license revocable to transmit, download and make personal and non-commercial use of the Products.

11.2 The Products contain or incorporate material protected by copyright, proprietary material or other intellectual property of Ismokay or its licensors. All rights, titles and ownership of the Products remain with Ismokay or its licensors, as applicable. The rights to download and use the Products are licensed to you and are not being sold to you, and you have no rights other than to use them in accordance with this License Agreement and our other Terms.

11.3 You agree that you will not and will not assist or allow third parties to:

(a) Copy, store, reproduce, transmit, modify, reverse engineer, emulate, decompile or disassemble the Products in any way, or create derivative works of the Products;

(b) Use the Products or any part of them to create any software tool or product that can be used to create software applications of any nature;

(c) rent, lease, lend, make available to the public, sell or distribute the products in whole or in part;

(d) tamper with the products or circumvent any technology used by Ismokay or its licensors to protect any content accessible through the products;

(e) circumvent any territorial restrictions applied to the Products; or

(f) Use the Products in a manner that violates this License Agreement or other Terms.

11.4 You may not make the products available to the public. The Products made available (in whole or in part) are the property of Ismokay or its licensors and your use of them must comply with these Terms.

12. MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

12.1 We are committed to complying with the laws on rights to and related laws, and we require all users of the Products to comply with those laws. Consequently, you may not store any material or content or disseminate any material or content about the Products in any way that constitutes a violation of the intellectual property rights of third parties, including rights granted under copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been violated may take advantage of certain provisions of the 1998 Digital Millennium Copyright Act (the “DMCA”) of 1998 to report alleged violations. You may not publish, modify, distribute or reproduce in any way any material protected by copyright, trademarks or other proprietary information belonging to third parties without obtaining the prior written consent of the owner of such property rights. It is our policy to terminate the privileges of any user who repeatedly infringes the copyrights of others after receiving appropriate notice from us by the copyright owner or the legal agent of the copyright owner.

12.2 If you think a posted message is objectionable or violating, we recommend that you contact us immediately. Upon receipt of an appropriate notice of claimed infringement under the DMCA, we will respond promptly to remove or disable access to the material alleged to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided it. the content in question. Our designated agent (ie, the appropriate party) to whom you must forward this notice is listed below.

12.3 If you believe that your work has been copied and published on the Products in a manner that constitutes copyright infringement, please provide the designated agent with the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the copyright owner or other intellectual property interest;

(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Products;

(d) Your address, telephone number and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law; and

(f) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the owner of the copyright or intellectual property or are authorized to act on behalf of the copyright or the owner intellectual property.

(g) Our designated agent for notification of claims of copyright infringement can be contacted as follows:

By post: Ismokay. Attn: Copyright agent, SHIS QI 12 CONJUNTO 09 CASA, Brasília-DF. Brazil. CEP: 71.630-295

By e-mail: flavio.henrique@silveiraeunes.com.br Subject line: ISMOKAY

13. GENERAL CONDITIONS

13.1 US ASSIGNMENT

Ismokay may transfer its rights and obligations under these Terms to any company, firm or person at any time, if this does not materially affect your rights. You cannot transfer your rights or obligations under these Terms to other people. These Terms are personal and no third party is entitled to benefit under these Terms, except as set forth here.

13.2 INDEMNITY FOR YOU

You agree to defend, indemnify and hold harmless Ismokay and its directors, officers, members, investors, managers, employees and agents from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Products, your placement or transmission of any messages, content, information, software or other submissions through the Products, or your violation or violation of the law or these Terms. Ismokay reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case, you agree to cooperate with Ismokay’s defense in relation to that claim.

13.3 WARRANTIES AND LIMITATIONS

(a) We guarantee that any Product purchased from us, upon delivery, complies in all material respects with its description and is of reasonably satisfactory quality.

(b) We guarantee that we will use reasonable skill and care to make the products available to you during your subscription.

(c) Nothing in these sections 13.3 or otherwise in these Terms shall exclude or in any way limit the liability of Ismokay for: fraud; death or personal injury caused by negligence; or liability to the extent that it cannot be excluded or limited as a matter of law.

(d) The Products and their content are otherwise provided “as is” and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Products or their content. We assume no responsibility for any errors or omissions in the content of the Products, or for failures, delays or interruptions in the supply of the Products. We disclaim and exclude any warranties or representations, express or implied, including any warranties regarding merchantability or fitness for a specific purpose of the Products, to the fullest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, integrity or existence of the content and information published on the Products. We do not offer guarantees or representations, express or implied, of technical accessibility, adequacy or perfection of the Products. We make no guarantees or representations that the use of the content and information published on the Products will not violate the rights of third parties.

(e) All conditions, guarantees and other terms that may be implied by statute, common law or equity law are, to the extent permitted by law, excluded.

13.4 NO EXEMPTION

If we delay exercise or fail to exercise or enforce any right available to us under these Terms, such delay or failure will not constitute a waiver of that right or any other rights under these Terms.

13.5 FORCE MAJEURE

We will not be liable to you for any lack of performance, or unavailability or failure of the Products, or for any failure or delay on our part to comply with these Terms, when that lack, unavailability or failure arises from any cause beyond our reasonable control.

13.6 INTERPRETATION

In these Terms, unless the context otherwise requires: i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression should be interpreted only as illustrative and should not be be interpreted as limiting the generality of any previous words; and ii) references to the singular include the plural and the masculine includes the feminine and, in each case, vice versa.

13.7 ELECTRONIC COMMUNICATIONS

(a) Applicable laws require that some of the information or communications we send you are in writing. By using the Products, you agree to trade with us electronically, and such communication with us will be primarily electronic. We will contact you by email or provide information by posting product notices. You agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be made in writing.

(b) To retain a copy, select “Print” and select the appropriate printer. If you don’t have a printer, you can copy the text and the underlying contract (s) and paste them into a new document in a word processor or text editor on your computer and save the text.

(c) You have the right to receive a paper copy of the communications. To receive a paper copy, request it by sending an email to help@Ismokay.com

(d) We may charge a reasonable service fee to send a paper copy of any communication. We will include this service fee in our fee schedule or we will first inform you of the charge and provide you with the option of still wanting you to send a paper copy. Be sure to indicate that you are requesting a copy of the specific communication.

(e) To receive and view an electronic copy of communications, you must have the following equipment and software:

(1) A personal computer or other device capable of accessing the Internet. Your access to this page verifies that your system / device meets these requirements.

(2) an Internet browser capable of supporting 128-bit SSL encrypted communications, JavaScript and cookies. Your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software / device meet these requirements.

(f) To retain a copy, you must have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy using the print service or software such as Adobe Acrobat®. If you have a word processor or text editing program on your computer, you can also copy the text and paste it into a new document in the word processor or text editor andsave the text.

(g) You can also contact us via email help@Ismokay.com to withdraw your consent to receive future communications electronically, even if the system requirements described above change and you no longer have the necessary system. If you withdraw your consent, we may terminate your use of the Products.

(h) We reserve the right, in our sole discretion, to stop providing your electronic communications or to terminate or change the terms and conditions under which we provide electronic communications. We will notify you of any termination or change, as required by law.

13.8 NOTICES

Unless otherwise noted, all notices you provide to us must be sent to Ismokay at help@Ismokay.com. We may notify you at the email address you provide to us when you register or in any of the ways specified in section 13.7 above. The notice will be deemed received and duly served immediately when posted on the

Products or when an email or other electronic communication is sent. When proving the service of any email notice, it will be sufficient to prove that that email was sent to the recipient’s specified email address.

13.9 ENTIRE AGREEMENT

These Terms and any document expressly mentioned in them constitute the entire agreement between us and supersede all previous discussions, correspondence, negotiations, previous agreements, understanding or agreement between us in relation to the matter in question. Each of us recognizes that none of us depends on, or will take remedy with respect to any representation or warranty (made innocently or negligently) that is not set out in these Terms or in the documents mentioned therein. Each of us agrees that our only liability in relation to the representations and warranties set forth in this agreement (whether innocent or negligent) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.

13.10 THIRD PARTY RIGHTS

A person who is not a party to these Terms will not, subject to section 12 (DMCA), have any rights under or in connection with these Terms.

13.11 OUR RESPONSIBILITY

(a) We will make every possible effort to correct flaws in the Products. If we do not comply with these Terms, we will be responsible only for the purchase price of the Products in question. In addition, we will not be responsible for:

(i) Defective operation of computers or mobile devices during the registration process or during the conclusion of a subscription or during the transmission of any data and / or incorrect or excessively slow transmission of data by the ISP and / or any damage that occurs due to information sent by you not being received by us or not being received promptly or not being considered, as a result of technical failures in our software or hardware (whether within or outside our control).

(ii) Any loss or damage due to viruses or other malicious software that may infect your device, computer equipment, software, data or other properties caused by accessing, using or downloading the Products or transmissions by e-mails or attachments received from we.

(iii) Any use of websites linked to the Products, but operated by third parties.

(b) To the extent permitted by law, Ismokay, suppliers, customers or licensors (collectively, the “Protected Entities”) will not be responsible for any consequential, exemplary or punitive damages arising from, directly or indirectly related to the use or inability to use the Products or the content, materials and functions related to them, the provision of information through the Products, lost business or lost sales, or any errors, viruses or bugs contained in the Products, even if that protected entity has been advised of the possibility of such damages. In no event shall the Protected Entities be responsible for or in connection with any content published, transmitted, exchanged or received by or on behalf of any user or other person on or through the Products. In no event shall the Protected Entities’ total aggregate liability to you for all damages, losses and causes of action (whether contractual or unlawful, including, but not limited to negligence or otherwise) arising from these terms of use or your use of the Products exceeds, in total, the amount, if any, paid to you by Ismokay for the use of the Products.

13.12 ARBITRATION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THE DISPUTE ARBITRATION REQUIRES WITH ISMOKAY, AND LIMIT THE WAY YOU CAN SEEK ISMOKAY’S RELIEF.

(a) Applicability of the Arbitration Agreement. All disputes arising out of, in connection with or related to these Terms or the use of the Products that cannot be resolved informally or in a small claims court will be resolved through arbitration. individually, except that you and Ismokay are not required to arbitrate any dispute in which one of the parties seeks equitable relief for the alleged illegal use of copyrights, trademarks, trade names, logos, trade secrets or patents.

(b) Rules of arbitration. The Federal Arbitration Law governs the interpretation and application of this dispute resolution provision. The rules of the arbitration forum will govern all aspects of this arbitration, except to the extent that those rules conflict with these Terms. AAA Consumer Arbitration Rules (“AAA Rules”) governing arbitration are available online at www.adr.org or by calling AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator.

If the claim is US $ 10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of the documents sent to the arbitrator; (2) through an appearance-based telephone hearing; or (3) by a personal hearing, as established by the AAA Rules in the municipality of your billing address. In the case of an in-person hearing, the process will be conducted in a location reasonably convenient for both parties, with due regard to the ability to travel and other relevant circumstances. If the parties are unable to reach an agreement, the determination will be made by the arbitration institution.

Your arbitration fees and your share of the arbitrator’s compensation will be limited to the fees set out in the AAA Rules, with the remainder paid by Ismokay. If the arbitrator considers that the substance of his claim or the measure requested in the arbitration is frivolous or brought to an improper purpose (as measured by the rules set out in Federal Civil Procedure Rule 11 (b)), then payment of all fees will be governed by AAA rules. In that event, you agree to reimburse Ismokay for all sums previously paid by Ismokay which are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned decision in writing, sufficient to explain the essential findings and conclusions on which the decision and judgment, if any, are based. The arbitrator may make decisions and resolve disputes regarding payment and reimbursement of fees or expenses at any time during the process and at the request of either party, made within 14 days of the arbitrator’s decision on the merits.

(c) Authority of the arbitrator. The referee will decide the referee’s jurisdiction and the rights and responsibilities, if any, of you and Ismokay. The dispute will not be consolidated with any other matter or joined with other cases or parties. The arbitrator will have the authority to grant motions that are open to all or part of any claim or dispute. The arbitrator shall have the authority to grant all available remedies in accordance with applicable law, the rules of the arbitration forum and the Terms. The arbitrator has the same authority to grant relief individually as a judge in a court would have. The referee’s award is final and binding you and Ismokay.

(d) Jury resignation. You and Ismokay waive any constitutional and statutory rights to go to court and have a trial in front of a judge or jury. Instead, you and Ismokay choose to resolve claims and disputes by arbitration. In any dispute between you and Ismokay about the eviction or enforcement of an arbitration award, you and Ismokay waive all rights to a jury trial and choose to resolve the dispute by a judge.

(e) Waiver of Class Action. WHEN PERMITTED ACCORDING TO APPLICABLE LAW, YOU AND THE HEARING SOURCE AGREE THAT EACH MAY MAKE CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUBLIC OR CONSOLIDATED ACTION. If, however, this waiver of collective or consolidated actions is found to be invalid or unenforceable, neither you nor Ismokay will be entitled to arbitration; instead, all claims and disputes will be resolved in a court, as set out in section 13.13 below.

(f) Choose not to participate. YOU CAN LEAVE THIS ARBITRATION AGREEMENT. If you do, neither you nor Ismokay will be able to force the other to arbitrate. In order to opt out, you must notify Ismokay in writing no later than 30 days after becoming subject to this arbitration agreement. Your notice must include your name and address, the email address used to set up your Ismokay account (if you have one) and an unambiguous statement that you want to opt out of this arbitration agreement. You must send your deactivation notice to one of the following physical or email addresses: SHIS QI 12 CONJUNTO 09 CASA, Brasília-DF. Brazil. Zip code 71.630-295

By e-mail: flavio.henrique@silveiraeunes.com.br Subject line: ISMOKAY

(g) Small Claims Court. Notwithstanding the foregoing, you or Ismokay may bring an individual action in a small claims court.

(h) Exclusion of public injunction. Notwithstanding the foregoing, you can request a public precautionary measure in court or through arbitration.

(i) Survival of the Arbitration Agreement. This arbitration agreement will survive the termination of your relationship with Ismokay.

13.13 EXCLUSIVE PLACE

To the extent that the parties are authorized by these Terms to initiate litigation in a court, you and Ismokay agree that all claims and disputes arising out of or related to the Terms or the use of the Products will be litigated exclusively in Tribunal do Distrito Federal – Brasília DF. If, however, that court has no original jurisdiction over the dispute, all claims and disputes arising out of or related to the Terms or the use of the Products will be litigated exclusively in the Superior Court of California, Los Angeles County. You and Ismokay consent to the personal jurisdiction of both courts.

13.14 SEVERABILITY

If any provision of these Terms is found to be unenforceable, that provision will be separated from these Terms and will not affect the validity and enforceability of any remaining provisions.

These Terms are effective. Last updated on May 21, 2020.