Terms of Service

This Terms of Service Agreement (this "Agreement") is a legally binding contract between you ("User," "you," or "your") and Smoke Tokens, LLC ("Company," "we," "us," or "our"), an Arizona limited liability company. By accessing, downloading, or using the Smoke Tokens software, website, mobile applications, kiosks, or related services (collectively, the "Service"), you represent that you have read, understood, and agree to be bound by this Agreement. If you do not agree, you must not access or use the Service. If you are entering this Agreement on behalf of an entity (e.g., a dispensary), you represent that you have authority to bind that entity.

1. Eligibility and Representations

You must be at least 21 years old, a licensed cannabis business operator in a jurisdiction where cannabis retail is legal under applicable state laws, and not barred from using the Service under any law. You represent and warrant that: (a) your use of the Service complies with all federal, state, and local laws, including but not limited to cannabis regulations on age verification, purchase limits, rewards restrictions, and traceability; (b) you will not use the Service for any federally illegal activity; and (c) you maintain all necessary licenses and permits. The Service is not intended for personal or non-commercial use.

2. Account Registration and Security

To access certain features, you must create an account with accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account, including unauthorized access. Notify us immediately of any breach. We reserve the right to refuse or terminate accounts at our discretion.

3. Description of Service

The Service provides a cloud-based loyalty program for cannabis dispensaries, hosted on platforms such as Vercel, including kiosk signup via phone number, automatic points accrual for purchases, balance tracking, and reward redemption. Features may include analytics and reporting. We may modify, update, or discontinue the Service (or any part) at any time without notice or liability. Beta or pre-launch features are provided "as is" with no guarantees of availability post-launch.

4. Fees and Payment

Fees are as specified in your order form or on our pricing page (e.g., subscription-based). All fees are non-refundable except as provided in our Refund Policy. You authorize us to charge your provided payment method, including for recurring fees. Late payments accrue interest at 1.5% per month or the maximum legal rate. We may suspend Service for non-payment. You are responsible for all taxes, including cannabis-specific excise taxes.

5. Intellectual Property Rights

The Service, including all software, code, designs, trademarks (e.g., "Smoke Tokens"), and content, is owned by us or our licensors and protected by U.S. and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service solely for your internal business purposes in compliance with this Agreement. You may not: (a) copy, modify, distribute, sell, or reverse-engineer the Service; (b) remove proprietary notices; or (c) use the Service to develop competing products. All user-generated content you upload remains yours, but you grant us a perpetual, royalty-free license to use it for Service operation and improvement.

6. User Conduct and Obligations

You agree to use the Service only for lawful purposes and in compliance with this Agreement. Prohibited actions include: (a) using the Service for illegal activities, such as non-compliant rewards (e.g., free cannabis in prohibited states); (b) bypassing security measures; (c) uploading viruses, malware, or harmful content; (d) interfering with the Service or other users; (e) collecting data without consent; or (f) violating third-party rights. You must: (i) implement age verification and ID checks; (ii) integrate with required traceability systems if applicable; and (iii) ensure rewards do not violate state laws (e.g., no incentives for over-purchasing). We are not responsible for monitoring your compliance.

7. Disclaimers

8. Limitation of Liability

9. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, agents, and licensors from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of this Agreement or any law; (c) your content or data; (d) disputes with your customers; or (e) regulatory actions related to your operations. We may assume control of the defense at your expense.

10. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, including for breach, non-payment, or suspected illegal use. Upon termination: (a) your license ends; (b) you must cease use and delete all copies; and (c) accrued obligations (e.g., fees) survive. Sections surviving termination include 5, 7-9, 11, and 12.

11. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of Arizona, without regard to conflict of laws principles. Any disputes arising from or relating to this Agreement or the Service shall be resolved exclusively through binding arbitration in Phoenix, Arizona under the rules of the American Arbitration Association (AAA). Arbitration shall be individual only—no class actions, class arbitrations, or representative actions. You waive any right to a jury trial. If arbitration is unenforceable, disputes shall be in the state or federal courts of Maricopa County, Arizona. The prevailing party is entitled to attorneys' fees.

12. Changes to Agreement

We may amend this Agreement at any time by posting updates on the website or notifying you via email. Continued use after changes constitutes acceptance. If changes materially affect your rights, you may terminate within 30 days.

13. Miscellaneous

This Agreement constitutes the entire understanding and supersedes prior agreements. If any provision is invalid, the remainder remains enforceable. No waiver of breach is a waiver of future breaches. Force majeure events excuse performance. Notices shall be via email to support@smoketokens.com.

14. Contact Information

For questions, contact us at support@smoketokens.com.