| title | description |
|---|---|
Terms of Service |
All the terms that you agree to when you sign up for a Sh\*\*t I Smoke product. |
Last updated: March 19, 2021
From everyone at Sh**t I Smoke, thank you for using our products! We build them to help you do your best work. There are thousands of people using Sh**t I Smoke products every day. Because we don't know every one of our customers personally, we have to put in place some Terms of Service to help keep the ship afloat.
When we say “Company”, “we”, “our”, or “us” in this document, we are referring to the Sh**t! I Smoke team composed of Marcelo Scharlau Coelho and Amaury Martiny.
When we say "Web Application", "webapp", we mean the website hosted at https://shootismoke.app.
When we say "Mobile Applications", "mobile apps", we mean the mobile application Shoot! I Smoke available for download on both Android and iOS.
When we say “Services”, we mean any product created and maintained by Sh**t! I Smoke. That includes the Web Application and the Mobile Applications.
When we say “You” or “your”, we are referring to the people or organizations that interact with one or more of our Services.
We may update these Terms of Service in the future. You can track all changes made since 2021 on GitHub. Typically these changes have been to clarify some of these terms by linking to an expanded related policy. Whenever we make a significant change to our policies, we will also announce them via our newsletter.
When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That's true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.
If you violate any of the terms, we may terminate your account, if you created one. That's a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are, how we work, and keeping an open door to your feedback.
An account is automatically created when you perform at least one of the following operations:
- enable mobile push notifications from the Mobile Applications,
- enable email notifications from the Web Application.
Both notification systems are used to notify you about daily, weekly or monthly reports on your local air quality. An account is used either to identify a push notification receiver, or an email notification receiver, but never both at the same time. We do not require passwords for any account.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Accounts for push notifications are automatically created when you enable mobile push notifications from the Mobile Applications. When enabled, a unique push notification token is generated, and is used to present, schedule, receive and respond to notifications using the Expo Push Notification Service. The unique token has the ExponentPushToken[{random letters and number}] format, and can be used to uniquely identify your device. We store this unique token in your account inside our database.
When you switch your push notifications setting to "Never" from the Mobile Applications, we delete your account, as well as its associated unique token, completely from our database.
Account for email notifications are automatically created when you subscribe to email notifications from the Web Application. When created, your email address will be stored unencrypted in our database, and you will receive regular email notifications about your local air quality. In the content of each email, an unsubscription link will be attached. On unsubscription, your account and its associated email will be deleted from our database.
All of our Services are free: we do not ask you for your credit card and — just like for customers who pay for our Services — we do not sell your data.
- You are solely responsible for properly canceling your account. Within each of our Services, we provide a simple no-questions-asked cancellation link. You can find instructions for how to cancel your account in our Cancellation policy. An email or phone request to cancel your account is not automatically considered cancellation. If you need help cancelling your account, you can always contact our Support team.
- All of your content will be inaccessible from the Services immediately upon cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.
- We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Services, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer will result in immediate account termination.
We make a promise to our customers to support our Services until the end of the Internet. That means when it comes to security, privacy, and customer support, we will continue to maintain any legacy Services. Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
- Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for most of our Services but do take uptime of our applications seriously.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
- We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted. Please contact us for reporting a security incident or threat.
- When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Sh**t I Smoke may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
- To help you with support requests you make. We'll ask for express consent before accessing your account.
- On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause as much as possible to avoid the errors from reoccurring.
- To safeguard Sh**t I Smoke. We'll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole.
- We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of all subprocessors who handle personal data for the Web Application and the Mobile Applications.
- Under the General Data Protection Regulation (GDPR), Sh**t I Smoke does not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the GDPR and not use Sh**t I Smoke’s Services in a way that violates the regulations.
We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.
We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Services.
We mention liability throughout these Terms but to put it all in one section:
You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that's on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and in general giving a damn. If you choose to use our Services, thank you for betting on us.
If you have a question about any of the Terms of Service, please contact our Support team.