Terms of Service

Please read this first. By accessing tintap.app or buying or using TinTap, you agree to these Terms. If you do not agree, do not use the site or the product. Section 15 requires most disputes to be resolved by binding individual arbitration and waives your right to a jury trial and to participate in a class action. You may opt out of arbitration within 30 days.

1. Who we are and what these terms cover

tintap.app (the “Site”) and the TinTap hardware and web application (together, the “Service”) are operated by Tech Itch Labs, LLC, a Florida limited liability company (“Tech Itch Labs, LLC”, “we”, “us” or “our”). These Terms of Service (“Terms”) form a legally binding agreement between you and Tech Itch Labs, LLC and govern your access to and use of the Service, including any purchase of TinTap hardware, any use of the calculators, assessments, guides and other informational tools on the Site, and any submission of your email address to a waitlist or notification list.

Our Privacy Policy is incorporated into these Terms by reference. By agreeing to these Terms you also agree to the Privacy Policy.

2. Eligibility

You may use the Service only if you are at least 21 years of age, are of legal age to purchase nicotine products in your jurisdiction, and have the legal capacity to enter into a binding contract. The Service is intended for adults who already use nicotine products. It is not directed to children, and we do not knowingly permit anyone under 21 to use the Service or purchase the hardware.

By using the Service you represent and warrant that you meet these requirements. If we learn that a user does not, we may terminate access immediately and without notice. We may, but are not obliged to, require verification of age or identity at any time.

The Service is offered from the United States. We make no representation that the Service, or the sale or import of the hardware, is lawful or appropriate in any other jurisdiction. If you access the Service from outside the United States you do so on your own initiative and are solely responsible for compliance with all applicable local laws, including any laws restricting nicotine-related goods.

3. What TinTap is, and what it is not

TinTap is a consumer awareness tool. It consists of a passive near-field-communication tag and a web application that records timestamps when you choose to tap your device against that tag, and presents those timestamps back to you.

TinTap is not a medical device. It is not a drug, a treatment, a therapy, a smoking or nicotine cessation product, or a substitute for professional medical advice, diagnosis or treatment. It is not cleared, approved, registered or otherwise reviewed by the United States Food and Drug Administration or by any other regulatory authority. Nothing in the Service is intended to diagnose, treat, cure, mitigate or prevent any disease or condition, including nicotine dependence.

The Site contains general information about nicotine, nicotine pouches, dependence and withdrawal, together with calculators and self-assessments. All of it is provided for general informational purposes only. It is not medical advice, it is not individualised to you, and it must not be relied on as a substitute for consultation with a qualified healthcare professional. The self-assessment on the Site is informal and is not a diagnostic instrument. Calculator outputs are estimates derived from the figures you enter and from general assumptions, and they may not reflect your actual circumstances.

Always seek the advice of a physician or other qualified health providerwith any questions you have regarding a medical condition or regarding nicotine use, reduction or cessation. Never disregard professional medical advice or delay seeking it because of something you have read or seen on the Service. If you think you may have a medical emergency, call your doctor or emergency services immediately.

3.1 No promised outcome

We make no representation, warranty or guarantee that use of the Service will reduce your nicotine consumption, change your behaviour, produce any particular measurement or insight, or produce any health, financial or other benefit whatsoever. Any research, study or statistic referenced on the Site describes general findings about populations and is not a prediction about you. Individual results vary, and many users will experience no change at all.

3.2 Accuracy of records

TinTap records only what you choose to tap. It cannot detect nicotine use, verify that a tap corresponds to an actual dose, or capture uses you did not log. Any record, count, interval, average or chart produced by the Service is therefore incomplete and approximate by design, and must not be relied on for any medical, clinical, legal, insurance, employment or evidentiary purpose.

4. The hardware: safety and proper use

If you purchase TinTap hardware, the following apply and you accept them as a condition of purchase.

• Small part. Choking hazard. The tag is a small disc. Keep it away from children and pets at all times.
• Do not place the tag in your mouth and do not ingest it. It is not food-grade, is not intended for oral contact, and is not manufactured, tested or certified for contact with any product you consume.
• You place the tag at your own risk. The tag is designed to be fitted into the lid recess of a container. You are solely responsible for deciding whether to place it in or near a container holding any consumable product, and for any consequence of doing so, including contamination, contact with the contents, or the tag becoming dislodged.
• Do not use the tag if it is cracked, damaged, deformed or has become loose. Do not heat, burn, immerse, puncture, cut, sterilise or otherwise modify it.
• The tag is passive and contains no battery. It is not waterproof and is not intended for use in wet, hot, corrosive or otherwise hostile environments.
• You are responsible for cleaning and hygiene. We give no assurance that the tag is or can be made sanitary for any purpose.

Failure to follow these instructions voids any warranty that would otherwise apply and, to the maximum extent permitted by law, relieves us of any liability arising from such misuse.

5. Assumption of risk

You acknowledge that nicotine is an addictive substance and that its use carries health risks that exist entirely independently of the Service. You acknowledge that the Service does not reduce, manage or mitigate those risks. You knowingly and voluntarily assume all risk arising from your use of nicotine, from any decision you make about your nicotine use, and from your use of or reliance on the Service, including any decision to reduce, continue, resume or stop nicotine use. Any such decision is yours alone and should be made in consultation with a qualified healthcare professional.

6. Orders, pricing and payment

All orders are offers to purchase and are subject to acceptance by us. We may refuse, limit, cancel or reduce the quantity of any order for any reason, including suspected fraud, resale, error in pricing or description, or unavailability. If we cancel an order you have paid for, your sole and exclusive remedy is a refund of the amount paid for the cancelled items.

Prices are stated in United States dollars and exclude taxes, duties and shipping unless expressly stated otherwise. You are responsible for all applicable sales, use, import and other taxes and duties. Prices are subject to change at any time before we accept your order.

We use third-party payment processors. We do not store full payment card numbers. Your use of a payment processor is subject to that processor’s own terms and privacy policy, and we are not responsible for the acts or omissions of any payment processor.

We try to describe the Service accurately, but we do not warrant that any description, image, specification, price or other content is accurate, complete, reliable, current or error-free. In the event of an obvious pricing or description error, we may cancel the affected order even after it is confirmed.

7. Shipping, title and risk of loss

Delivery estimates are estimates only and are not guarantees. We are not liable for delays caused by carriers, customs, weather, or any other cause outside our reasonable control. Title and risk of loss pass to you when the carrier takes possession of the goods.

8. Refunds and the money-back guarantee

For your first purchase of TinTap hardware, you may request a full refund of the purchase price by emailing tyler@techitchlabs.com within 30 days of the date the product is delivered to you. No reason and no return of the hardware are required.

This guarantee applies once per person and per household, covers the purchase price only, and does not cover shipping charges, taxes or duties already paid. It does not apply to purchases made for resale, to bulk or wholesale orders, or where we reasonably determine the guarantee is being abused. Refunds are issued to the original payment method. Once refunded, your licence to use the associated software terminates.

9. Software licence and intellectual property

Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service for your own personal, non-commercial purposes. This is a licence, not a sale of the software; we retain all right, title and interest in it.

The Service and all of its contents — including text, copy, graphics, interfaces, charts, illustrations, photographs, logos, trade dress, product names, designs, source code, compiled code and the selection and arrangement of all of the foregoing — are owned by Tech Itch Labs, LLC or its licensors and are protected by United States and international copyright, trademark, trade dress and other intellectual property laws. “TinTap” and our logos are our trademarks. Nothing in these Terms grants you any right to use them.

10. Prohibited conduct

You agree that you will not, and will not attempt to, and will not assist anyone else to:

• use the Service for any unlawful purpose or in violation of any applicable law;
• copy, reproduce, republish, scrape, frame, mirror, distribute, sell, resell, licence, sublicense, lease, rent or otherwise commercially exploit any part of the Service or its content;
• reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, structure or underlying ideas of any part of the Service, or of the hardware, except to the limited extent this restriction is unenforceable under applicable law;
• clone, emulate, re-encode, forge or tamper with any tag, tag identifier, token or other credential, or access data associated with any tag that is not yours;
• probe, scan, test the vulnerability of, or breach or circumvent any security, authentication or rate-limiting measure;
• use any robot, spider, scraper, crawler or automated means to access the Service or to collect data from it, except a well-behaved search engine crawler obeying our robots.txt;
• submit false, misleading or fraudulent information, including another person’s email address or an email address you are not authorised to use;
• transmit malware, or interfere with, disrupt, overburden or impair the Service or any network or infrastructure supporting it;
• use the Service or its content to develop, train, fine-tune or evaluate any machine learning or artificial intelligence model, or to build any competing or substantially similar product or service;
• remove, obscure or alter any copyright, trademark, disclaimer or other proprietary notice.

11. Your content and your data

You retain ownership of the information you submit to the Service. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process and transmit that information solely as necessary to operate, secure, maintain and improve the Service and to provide it to you, and otherwise as described in our Privacy Policy.

If you send us feedback, suggestions, ideas or proposals about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable licence to use and exploit them for any purpose without restriction, attribution or compensation, and you waive any moral rights in them to the extent permitted by law.

You are responsible for keeping your own copies of anything important to you. We do not guarantee the retention, availability, integrity or recoverability of any data and may delete data at any time in accordance with our retention practices.

12. Availability, changes and termination

We may modify, suspend, limit, or discontinue the Service or any part of it at any time, with or without notice, and without liability to you. We do not warrant that the Service will be available, uninterrupted, timely, secure or error-free, and we may impose limits on use.

We may suspend or terminate your access to the Service at any time, for any reason or no reason, with or without notice. You may stop using the Service at any time. Sections 3, 4, 5, 9, 10, 11, 13, 14, 15, 16 and 17 survive any termination.

13. Disclaimer of warranties

The service, including all hardware, software, content, tools, calculators, assessments, data and materials, is provided “as is” and “as available”, with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, Tech Itch Labs, LLC and its officers, members, managers, employees, contractors, agents, suppliers and licensors expressly disclaim all warranties, whether express, implied, statutory or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy and non-infringement, and any warranties arising out of course of dealing, usage or trade.

Without limiting the foregoing, we do not warrant that the service will meet your requirements, achieve any result, be uninterrupted, secure, accurate, complete or error-free, that defects will be corrected, or that the service is free of harmful components. No advice or information, whether oral or written, obtained from us or through the service creates any warranty not expressly stated in these terms.

Some jurisdictions do not allow the exclusion of certain warranties. To the extent such an exclusion is not permitted, the exclusions above apply to the fullest extent permitted, and any warranty that cannot be disclaimed is limited in duration to 30days from delivery.

14. Limitation of liability

To the maximum extent permitted by applicable law, in no event will Tech Itch Labs, LLC or its officers, members, managers, employees, contractors, agents, suppliers or licensors be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, data, use, or business interruption, or for any personal injury or emotional distress, arising out of or relating to these terms or the service, however caused and on any theory of liability, whether in contract, tort (including negligence), strict liability or otherwise, and whether or not we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total aggregate liability for all claims arising out of or relating to these terms or the service will not exceed the greater of (a) the total amount you actually paid us for the hardware in the twelve months preceding the event giving rise to the claim, or (b) fifty United States dollars ($50.00).

The limitations in this section apply even if any limited remedy fails of its essential purpose. They allocate the risk between us and are an essential basis of the bargain; we would not provide the Service without them.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for death or personal injury caused by negligence where such exclusion is prohibited. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case our liability is limited to the fullest extent permitted by law.

15. Dispute resolution, arbitration and class action waiver

Read this section carefully. It affects your legal rights. It requires you to resolve most disputes with us by binding individual arbitration rather than in court, and it waives your right to a jury trial and to participate in a class or representative action. You may opt out, as described below.

15.1 Informal resolution first

Before starting an arbitration or any proceeding, you agree to first contact us at tyler@techitchlabs.com with a written description of the dispute, the relief sought and your contact details, and to negotiate in good faith for at least sixty (60) days. This is a condition precedent to commencing any proceeding, and the limitation period in Section 15.6 is tolled during it.

15.2 Agreement to arbitrate

If the dispute is not resolved, you and Tech Itch Labs, LLC agree that any dispute, claim or controversy arising out of or relating to these Terms, the Service, or the relationship between us — including its formation, interpretation, breach, termination, enforceability, validity or scope — will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Arbitration will be conducted by a single arbitrator. The seat of arbitration is Pinellas County, Florida, provided that you may elect to have the arbitration conducted by telephone, by video, on the basis of written submissions, or in the county of your residence. The arbitrator’s award is final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.3 Class action and jury trial waiver

You and Tech Itch Labs, LLC agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, coordinated, private attorney general or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative proceeding. You and Tech Itch Labs, LLC waive any right to a trial by jury. If this paragraph is found unenforceable as to a particular claim or request for relief, that claim or request for relief is severed and will proceed in court, and all remaining claims will proceed in arbitration.

15.4 Your right to opt out

You may opt out of Sections 15.2 and 15.3 by sending written notice to tyler@techitchlabs.com with the subject line “Arbitration Opt-Out”, stating your name, the email address you used, and a clear statement that you decline to arbitrate. The notice must be sent within 30days of the date you first accept these Terms. Opting out affects no other part of these Terms and will not affect your use of the Service in any way.

15.5 Exceptions

Either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction for actual or threatened infringement or misappropriation of intellectual property or unauthorised access to the Service.

15.6 Time limit on claims

To the maximum extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be commenced within 12 months after the claim arose. Otherwise the claim is permanently barred.

15.7 Governing law and venue

These Terms and any dispute between us are governed by the laws of the State of Florida, without regard to its conflict of laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods. For any matter not subject to arbitration, you and Tech Itch Labs, LLC submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Pinellas County, Florida, and waive any objection to that venue, including on grounds of inconvenient forum.

16. Indemnification

You agree to defend, indemnify and hold harmless Tech Itch Labs, LLC and its officers, members, managers, employees, contractors, agents, suppliers and licensors from and against any claims, demands, actions, proceedings, damages, losses, liabilities, judgments, settlements, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your breach of these Terms; (c) your violation of any law or of the rights of any third party; (d) your placement, positioning or use of the hardware, including any contact between the hardware and any consumable product; or (e) any decision you make regarding nicotine use. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defence. You may not settle any matter without our prior written consent.

17. General

17.1 Changes to these Terms

We may revise these Terms at any time by posting the revised version on the Site and updating the “Last updated” date. Changes take effect when posted, except that material changes to Section 15 apply only to claims arising after the change. Your continued use of the Service after changes are posted constitutes acceptance. If you do not agree, stop using the Service.

17.2 Electronic communications

You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that they be in writing.

17.3 Severability, waiver, assignment

If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of it. You may not assign or transfer these Terms without our prior written consent; we may assign them freely, including in connection with a merger, acquisition or sale of assets.

17.4 Force majeure

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disaster, epidemic, war, terrorism, civil unrest, labour dispute, governmental action, carrier or supplier failure, power or network failure, or unavailability of any third-party service.

17.5 Entire agreement

These Terms, together with the Privacy Policy, are the entire agreement between you and Tech Itch Labs, LLC regarding the Service and supersede all prior or contemporaneous understandings. No agency, partnership, joint venture or employment relationship is created. There are no third-party beneficiaries except the indemnified parties named in Section 16.

17.6 Contact

Questions about these Terms should be sent to tyler@techitchlabs.com or to Tech Itch Labs, LLC, 3110 1st Ave N, Ste 2M PMB 1050, St. Petersburg, FL 33713.