Terms of Service

1. The Agreement

These Terms of Service ("Terms") form a legally binding agreement between you and FreeAir Coach LLC, a Virginia limited liability company ("FreeAir Coach," "we," "us," or "our"). The Terms govern your access to and use of the FreeAir Coach mobile app, web app, website at freeaircoach.com, and related services (collectively, the "Service").

By creating an account, subscribing, or using the Service, you confirm that you have read, understood, and agreed to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility and Account

2.1 Age Requirement

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are 18 or older. The Service is not intended for individuals under 18.

2.2 Account Registration

You must provide accurate and complete information when creating an account. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying us promptly of any unauthorized use

2.3 One Account Per Person

Each individual is permitted one FreeAir Coach account. You may not share your account or transfer it to another person.

3. Service Description

FreeAir Coach is a digital wellness application providing:

• AI-powered smoking cessation coaching using Anthropic's Claude AI
• Craving logging and trigger pattern analysis
• Cognitive Behavioral Therapy (CBT) lessons for smoking cessation
• Acceptance and Commitment Therapy (ACT) techniques and exercises
• Motivational Interviewing-based coaching protocols
• The DEADS craving management framework (Delay · Escape · Avoid · Distract · Substitute)
• Lung recovery timeline tracking
• Guided relaxation sessions tailored for nicotine withdrawal
• Progress tracking, achievements, and milestones
• Educational content on smoking cessation and addiction

The Service is delivered through a web app at app.freeaircoach.com, the iOS App Store, and Google Play. Access requires a paid subscription or lifetime purchase, except during the free trial period.

4. Not Medical Advice

Specifically, you acknowledge and agree that:

• FreeAir Coach does not prescribe medication, diagnose conditions, or replace the care of your physician.
• The information provided by the AI Coach and educational content is general wellness information, not personalized medical advice.
• You should consult your physician before starting or stopping any nicotine replacement therapy (NRT), prescription cessation medication (such as varenicline or bupropion), or making any changes to your treatment plan.
• If you experience severe withdrawal symptoms, chest pain, breathing difficulty, mental health crisis, or any concerning symptom, seek immediate medical attention. Do not rely on FreeAir Coach in emergencies.
• FreeAir Coach is not FDA-approved as a medical device or smoking cessation treatment.
• Dr. Eskender Beyene's role with FreeAir Coach is as the founder and clinical content advisor, not as your treating physician. Use of the Service does not create a clinical relationship.

For full disclaimers, see our Medical Disclaimer.

5. Subscription Plans and Billing

5.1 Available Plans

All prices are in U.S. Dollars unless otherwise stated. Prices may vary by region or platform. The price shown at checkout is the price you pay.

5.2 Auto-Renewal

Monthly and Annual subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. By subscribing, you authorize us (or Apple, Google, or Stripe, as applicable) to charge your payment method for each renewal.

5.3 Billing Through Apple, Google, or Stripe

• iOS subscriptions: Billed by Apple through your iTunes/Apple ID account. Apple is the merchant of record. Refunds and cancellations are handled by Apple per Apple's Media Services Terms.
• Android subscriptions: Billed by Google through your Google Play account. Google is the merchant of record. Refunds and cancellations are handled by Google per Google Play's terms.
• Web subscriptions and Lifetime purchases: Billed by FreeAir Coach LLC through Stripe. FreeAir Coach LLC is the merchant of record.

5.4 Price Changes

We may change subscription prices from time to time. For existing subscribers, we will provide at least 30 days' notice of any price increase, and the new price will take effect at the next renewal. You may cancel your subscription before the new price takes effect.

5.5 Failed Payments

If a payment fails, we (or Apple/Google) will attempt to collect payment again. If we cannot collect after multiple attempts, your subscription may be suspended or canceled. You remain responsible for amounts owed.

5.6 Taxes

Listed prices may not include taxes, which will be added where applicable. You are responsible for any taxes assessed on your purchase by your jurisdiction.

6. Free Trial

FreeAir Coach offers a 21-day free trial for new users. The trial provides full access to all subscription features without charge.

6.1 How the Trial Works

• The trial begins when you create your account and accept these Terms.
• The trial lasts 21 days from the date of account creation.
• No payment information is required to start the trial.
• The trial provides full access to: AI Coach conversations, all CBT lesson modules, all guided relaxation sessions, full quit plan, craving logs, and the DEADS toolkit.
• At the end of the 21-day trial, you may subscribe to continue using the full Service.
• The trial is offered once per person. You may not create multiple accounts to extend the trial.

6.2 Trial Conversion

Unlike many apps, the FreeAir Coach trial does not automatically convert to a paid subscription. After the 21-day trial ends, you must affirmatively subscribe to continue using the Service. We will not charge your payment method without your express subscription action.

6.3 Limited Access After Trial

After the trial ends, certain features may become limited or locked until you subscribe. We may continue to provide read-only access to your historical craving log data and basic functionality.

7. Lifetime Access Tier

7.1 Lifetime Tier Availability

The Lifetime tier is available only via direct web purchase at freeaircoach.com (processed by Stripe). Lifetime access is not available through Apple App Store or Google Play.

7.2 What Lifetime Includes

• Unlimited AI Coach conversations
• All current CBT lesson modules
• All current guided relaxation sessions
• Lung recovery timeline and craving analytics
• Achievements and milestones
• Future feature updates that are part of the standard FreeAir Coach Service
• Priority email support

7.3 What Lifetime Does Not Include

• Future paid add-ons, premium tiers, or separate apps that may be released as distinct products
• Hardware integrations or third-party services that incur ongoing costs to FreeAir Coach LLC, which we may charge separately for
• Replacement of features that are discontinued for technical, legal, or business reasons

7.4 Transferability

Lifetime access is non-transferable and tied to the account that purchased it. You may not sell, gift, or otherwise transfer your lifetime access to another person.

7.5 Service Sunset

If FreeAir Coach LLC discontinues the Service, lifetime customers will be notified at least 90 days in advance when reasonably possible. We are not obligated to provide refunds for lifetime access in the event of service discontinuation, except as required by applicable law.

8. Refund Policy

8.1 General Policy

All sales are final. We do not offer refunds for subscription fees once charged or for lifetime purchases, except as required by applicable law or as specified below.

8.2 Apple App Store and Google Play

If you purchased your subscription through Apple or Google, refund requests are handled exclusively by Apple or Google according to their policies. We cannot issue refunds for those purchases.

• Apple: reportaproblem.apple.com
• Google Play: support.google.com/googleplay

8.3 Web Subscriptions and Lifetime Purchases (Stripe)

For purchases made through our website via Stripe, we offer the following limited refund options:

• Subscription Refunds: No refunds for past months. You may cancel at any time, and your subscription will end at the end of your current billing period.
• Lifetime Refunds: Lifetime purchases are eligible for a refund within 14 days of purchase if you have not made substantial use of the Service. After 14 days, lifetime purchases are non-refundable except as required by law.
• Duplicate or Erroneous Charges: We will refund duplicate or erroneous charges promptly upon notification.

8.4 Statutory Rights

Nothing in this Refund Policy limits any non-waivable consumer protection rights you may have under applicable law (e.g., EU consumer rights, certain state laws). If you are an EU consumer, you may have additional cancellation rights under applicable EU consumer protection law.

8.5 How to Request a Refund

For eligible refund requests, contact us at admin@freeaircoach.com with the subject line "Refund Request" and include your account email and order details.

9. Cancellation

9.1 How to Cancel

• iOS Subscriptions: Manage subscriptions through Settings → Apple ID → Subscriptions.
• Android Subscriptions: Manage subscriptions through the Google Play Store app.
• Web Subscriptions: Manage subscriptions through the in-app Account settings or Customer Portal link sent in your subscription confirmation email.

9.2 When Cancellation Takes Effect

Cancellation takes effect at the end of your current billing cycle. You retain access to the Service until that date. You will not be charged for the next billing cycle after cancellation.

9.3 Lifetime Tier

The Lifetime tier is a one-time purchase and does not have a "cancellation" — your access continues for the life of the Service. To request a refund within the eligible window, see Section 8.3.

10. FSA/HSA Reimbursement

Smoking cessation programs are explicitly eligible for reimbursement under Flexible Spending Accounts (FSA) and Health Savings Accounts (HSA) per IRS Code 213(d) and IRS Publication 502. FreeAir Coach qualifies as a smoking cessation program for these purposes.

10.1 Documentation

Upon request, we will provide an itemized receipt or statement to support FSA/HSA reimbursement. Email admin@freeaircoach.com with the subject line "FSA/HSA Documentation" and your purchase details.

10.2 Your Responsibility

You are responsible for submitting reimbursement requests to your FSA/HSA administrator and for compliance with your plan's specific rules. We do not transmit information directly to your FSA/HSA administrator.

11. User Conduct and Restrictions

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Share, sell, rent, or transfer your account or access credentials
• Reverse-engineer, decompile, disassemble, or attempt to derive source code from the Service
• Scrape, copy, or harvest content, data, or AI Coach responses for redistribution or training competing services
• Use automated tools, bots, or scripts to interact with the Service
• Submit AI Coach prompts designed to extract our system prompts, grounding documents, or proprietary content
• Attempt to disrupt, overload, or compromise the security of the Service
• Use the Service to harm or harass others
• Misrepresent your identity or your relationship to FreeAir Coach
• Submit false information about your smoking history to manipulate the Service
• Use the Service to provide medical advice or smoking cessation treatment to others as if you were a licensed clinician

Violation of these restrictions may result in account suspension, termination, and forfeiture of subscription fees without refund.

12. Use of AI Features

12.1 AI Coach Limitations

The AI Coach is powered by Anthropic's Claude AI. Despite extensive grounding in clinical reference materials, AI responses:

• May contain errors, omissions, or inaccuracies
• Should not be relied upon for emergency or urgent medical situations
• Are not a substitute for evaluation by a qualified healthcare provider
• May vary in quality and may not always reflect the most current clinical evidence

12.2 Consent Required

Use of AI features requires your affirmative consent. The first time you use the AI Coach, you will see a consent prompt explaining what data is sent to Anthropic. You may decline; the rest of the Service remains usable.

12.3 Data Sent to Third Parties

When you use the AI Coach, your messages and certain context are transmitted to Anthropic's Claude API. See the Privacy Policy for full details.

12.4 No Reverse Engineering

You may not use the AI Coach to extract our proprietary prompts, system messages, or grounding documents. You may not redistribute, train competing services on, or commercialize AI Coach outputs.

13. Intellectual Property

13.1 Our Rights

The Service, including all software, content, designs, trademarks (including "FreeAir Coach™"), logos, the DEADS framework as implemented in the app, lung recovery timeline algorithms, CBT lesson content, AI grounding documents, and other proprietary materials, are owned by FreeAir Coach LLC or our licensors and are protected by U.S. and international copyright, trademark, patent, and trade secret laws.

13.2 License to You

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use during your subscription or lifetime access period.

13.3 Restrictions

You may not:

• Copy, modify, distribute, sell, or lease any part of the Service
• Use the Service or any content for commercial purposes (including providing services to clients)
• Remove or alter any proprietary notices
• Use FreeAir Coach trademarks without our prior written consent

13.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant FreeAir Coach LLC a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that feedback into the Service without compensation.

14. Your Content

You retain ownership of the content you submit to the Service (e.g., craving log entries, AI Coach messages, profile information).

14.1 License to FreeAir Coach

By submitting content, you grant FreeAir Coach LLC a worldwide, non-exclusive, royalty-free license to use, store, display, reproduce, and process your content solely for the purpose of providing and improving the Service.

14.2 Your Responsibility

You are solely responsible for the content you submit. You represent and warrant that you have the right to submit it and that it does not violate any laws or third-party rights.

14.3 No Obligation to Monitor

We have no obligation to monitor user content. We reserve the right to review, remove, or refuse content that violates these Terms or applicable law.

15. Third-Party Services

The Service integrates with or relies on third-party services, including Apple, Google, Stripe, Anthropic, and Netlify. Your use of those services is governed by their respective terms and privacy policies. We are not responsible for the practices of third-party services.

16. Disclaimers

17. Limitation of Liability

18. Indemnification

You agree to indemnify, defend, and hold harmless FreeAir Coach LLC, its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you submit to the Service
• Any health or medical decisions you make based on the Service

19. Termination

19.1 By You

You may terminate your account at any time by canceling your subscription and contacting us to delete your account.

19.2 By Us

We may suspend or terminate your account, with or without notice, if:

• You violate these Terms
• We are required to do so by law
• You fail to pay subscription fees
• We cease to provide the Service

19.3 Effect of Termination

Upon termination, your right to access the Service ends. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, indemnification, governing law, and arbitration) will survive.

20. Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, United States, without regard to conflict of law principles. Any disputes not subject to arbitration (per Section 21) shall be brought exclusively in the state or federal courts located in Fairfax County, Virginia, and you consent to the personal jurisdiction of those courts.

21. Dispute Resolution and Arbitration

21.1 Informal Resolution First

Before initiating arbitration, you agree to first contact us at admin@freeaircoach.com with a written description of the dispute and to attempt good-faith resolution for at least 30 days.

21.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in Fairfax County, Virginia, or by videoconference, in English, by a single arbitrator.

21.3 Class Action Waiver

You and FreeAir Coach LLC each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

21.4 Exceptions

The following claims are not subject to arbitration:

• Claims for injunctive relief related to intellectual property rights
• Small claims court actions within that court's jurisdictional limits
• Claims that cannot be arbitrated as a matter of law

21.5 Right to Opt Out

You may opt out of this arbitration agreement by sending written notice to admin@freeaircoach.com with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out. Opting out does not affect any other provision of these Terms.

21.6 Severability

If any portion of this Section 21 is found unenforceable, the remaining portions remain in effect, except that if the class action waiver is found unenforceable, then this entire Section 21 (Dispute Resolution and Arbitration) shall be null and void, and disputes shall be resolved in court per Section 20.

22. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Provide notice through the Service or by email at least 30 days before the changes take effect
• Give you the opportunity to review the new Terms before continuing to use the Service

Your continued use of the Service after the updated Terms take effect constitutes your acceptance. If you do not agree to the updated Terms, you must stop using the Service.

23. General Provisions

23.1 Entire Agreement

These Terms, together with our Privacy Policy and Medical Disclaimer, constitute the entire agreement between you and FreeAir Coach LLC and supersede all prior agreements.

23.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

23.3 No Waiver

Our failure to enforce any right or provision of these Terms is not a waiver of that right.

23.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

23.5 Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control (e.g., natural disasters, pandemics, war, internet outages, third-party service failures).

23.6 Apple-Specific Terms

If you are using the Service on an Apple device, you acknowledge that:

• These Terms are between you and FreeAir Coach LLC, not Apple
• Apple has no obligation to provide maintenance or support for the Service
• In the event of failure to conform to applicable warranty, you may notify Apple, who will refund the purchase price; Apple has no other warranty obligation
• FreeAir Coach LLC, not Apple, is responsible for addressing claims arising from the Service or your use of it
• Apple is a third-party beneficiary of these Terms and may enforce them against you

23.7 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

24. Contact Us

For questions about these Terms or the Service:

FreeAir Coach™ is a trademark of FreeAir Coach LLC, a Virginia limited liability company. The Service is for educational and wellness purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.