End User License Agreement

This End User License Agreement (“Agreement”) is a binding legal agreement between you (“End User” or “you”) and Smokecraft (“Licensor,” “we,” or “us”) for the use of the Smokecraft mobile application and any related services (collectively, the “Application”).

By downloading, installing, or using the Application, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not download, install, or use the Application.

You acknowledge that this Agreement is between you and Smokecraft only, and not with Apple Inc. (“Apple”). Smokecraft, not Apple, is solely responsible for the Application and its content.

Subject to your compliance with this Agreement, Smokecraft grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Application on any Apple-branded device that you own or control, solely for your personal, non-commercial purposes.

This license does not allow you to use the Application on any device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time.

You may not:

• Rent, lease, lend, sell, redistribute, or sublicense the Application;
• Copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application or any part thereof;
• Remove, alter, or obscure any proprietary notices (including copyright notices) on or within the Application;
• Use the Application for any commercial purpose or for any public display without our express written consent;
• Use the Application in any way that violates applicable local, national, or international law or regulation.

The terms of this Agreement will govern any content, materials, or services accessible through the Application, as well as upgrades provided by Smokecraft that replace or supplement the original Application, unless such upgrade is accompanied by a separate license.

The Application may offer in-app purchases, including auto-renewing subscriptions (“Smokecraft Pro”). All purchases are processed through Apple’s App Store and are subject to Apple’s payment terms and conditions.

Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the price confirmed at purchase.

You may manage your subscriptions and turn off auto-renewal by visiting your App Store Account Settings after purchase. No refunds are provided for any unused portion of a subscription period unless required by applicable law.

You agree that Smokecraft may collect and use technical data and related information — including but not limited to technical information about your device, system software, and application — gathered periodically to facilitate the provision of software updates, product support, and other services related to the Application.

Smokecraft may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

Cook session data (temperatures, phase logs, timestamps) is stored locally on your device. If you enable iCloud sync, that data is stored in your personal iCloud account under Apple’s data practices. Smokecraft does not have access to your personal cook data.

For full details on how we handle your data, please review our Privacy Policy.

The Application may enable access to third-party services and hardware integrations, including but not limited to Traeger grills (via Traeger’s cloud API), MEATER wireless thermometers (via Bluetooth), Apple WeatherKit, and Apple Push Notification Service (“External Services”).

You agree to use External Services at your sole risk. Smokecraft is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party services. Smokecraft does not warrant or endorse, and does not assume and will not have any liability or responsibility to you or any other person for, any third-party services.

By using Traeger integration, you authorize the Application to communicate with Traeger’s cloud services using credentials you provide. You are responsible for your Traeger account and for complying with Traeger’s terms of service. Traeger’s services are subject to Traeger’s own privacy policy and terms.

Phase coaching suggestions, temperature alerts, and weather advisories provided by the Application are estimates based on typical cook profiles and environmental data. They do not substitute for your own judgment, experience, or certified food safety guidelines. Always verify internal food temperatures with a calibrated thermometer before consumption.

You agree not to use the External Services in any manner that is inconsistent with the terms of this Agreement or that violates the intellectual property rights of Smokecraft or any third party. You agree not to use the External Services to send unsolicited or unauthorized messages, for surveillance, or for any other purpose that is unlawful, abusive, or otherwise objectionable.

This Agreement is effective until terminated by you or Smokecraft. Your rights under this Agreement will terminate automatically without notice from Smokecraft if you fail to comply with any term of this Agreement.

Upon termination of this Agreement, you must cease all use of the Application and delete all copies of the Application from your devices. Provisions of this Agreement that, by their nature, should survive termination will survive, including but not limited to, ownership provisions, warranty disclaimers, and limitations of liability.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

SMOKECRAFT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS.

SMOKECRAFT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED, OR THAT THE APPLICATION WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY APPLICATIONS, HARDWARE, OR SERVICES.

No oral or written information or advice given by Smokecraft or its authorized representatives shall create a warranty.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SMOKECRAFT BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF SMOKECRAFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL SMOKECRAFT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.

You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.

By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

The Application and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Smokecraft shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Smokecraft agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement.

If you are a consumer residing in a country in the European Union, you may also benefit from any mandatory provisions of the consumer protection law of the country in which you are resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law.

You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

Smokecraft and you acknowledge that, as between Smokecraft and Apple, Apple is not responsible for the Application or its content. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Smokecraft’s sole responsibility.

Smokecraft, not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Smokecraft, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

This Agreement constitutes the entire agreement between you and Smokecraft regarding the Application and supersedes all prior agreements and understandings. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Smokecraft’s failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights.

We reserve the right to modify this Agreement at any time. Material changes will be communicated through the Application or by updating this page. Continued use of the Application after such changes constitutes your acceptance of the revised Agreement.

Questions about this Agreement should be directed to: legal@smokecraft.app