Last Updated: January 1, 2023

Effective Date: January 1, 2023

1. Introduction and Acceptance

Welcome to the “Împreună Fără Fum” (Smoke-Free Togeher) mobile application (“App”). These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Universitatea Babeș-Bolyai Cluj-Napoca (“UBB,” “we,” “us,” or “our”).

By downloading, installing, or using this App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the App.

1.1 About the App

The App is part of a research study funded by the National Institutes of Health, USA (Grant No. R33 HD103039) designed to help pregnant women quit or reduce smoking with the help of a peer supporter, for whom a version of the app is also available. The study involves collaboration between UBB, University of Michigan, and Wake Forest University.

1.2 Definitions

• “App” means the Împreună Fără Fum mobile application
• “Services” means all features, content, and functionality provided through the App
• “Study” means the research project in which the App is being used
• “Support Person” means the individual you designate to support your quit-smoking journey
• “Content” means all information, data, text, graphics, and materials in the App

2. Eligibility and Account Registration

2.1 Eligibility Requirements

To use this App, you must:

• Be at least 18 years of age
• Be currently pregnant and smoke cigarettes
• Be able to read and understand Romanian
• Have an Android device with internet access
• Provide informed consent to participate in the research study

2.2 Account Creation

• Access to the app is provided via the 4-digit unique particiapnt code provided by the Study team for the pregnant women, and by the pregnant women (from the App) for the Support person
• You must provide accurate and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized use of your account
• One account per participant is permitted

2.3 Support Person Registration

• Support person must be over 18 years of age
• Support person must provide separate consent to participate
• Support person must have their own Android device
• Support person participation is optional but recommended

3. License to Use

3.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on your personal Android device
• Use the App for your personal, non-commercial use
• Access and use the Services for the duration of the study

3.2 License Restrictions

You may not:

• Copy, modify, distribute, sell, or lease any part of the App
• Reverse engineer or attempt to extract the source code
• Create derivative works based on the App
• Use the App for commercial purposes
• Share your account credentials with other

4. Research Study Participation

4.1 Study Requirements

By using the App, you agree to:

• Participate in the research study
• Complete questionnaires at specified intervals (enrollment, 1, 3, and 6 months postpartum)
• Allow collection of data about your App usage
• Participate in up to 10 specialized counseling sessions if assigned to the intervention group

4.2 Randomization

You understand that you may be randomly assigned to either:

• Intervention Group: Full access to the App plus counseling sessions
• Control Group: Information-only materials

4.3 Compensation

You will receive gift vouchers as compensation for your time and participation, as stated in the Informed consent.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use the App to:

• Track your smoking cessation progress
• Access educational content about smoking and pregnancy
• Involve your Support Person through App features
• Set and monitor personal quit-smoking goals
• Access crisis support through the “Panic” feature

5.2 Prohibited Conduct

You must not use the App to:

• Violate any applicable laws or regulations
• Share inappropriate, offensive, or harmful content
• Impersonate any person or entity
• Interfere with the App’s functionality or security
• Use the App for any unlawful or unauthorized purpose
• Share medical advice with other users

5.3 Content Standards

• There is no possibility to post or share content through the app with other users. 

6. Health and Medical Disclaimers

6.1 Not Medical Advice

IMPORTANT: THE APP PROVIDES EDUCATIONAL INFORMATION AND SUPPORT TOOLS BUT DOES NOT CONSTITUTE MEDICAL ADVICE. ALWAYS CONSULT QUALIFIED HEALTHCARE PROFESSIONALS FOR MEDICAL DECISIONS REGARDING YOUR PREGNANCY AND SMOKING CESSATION.

6.2 Emergency Situations

The App is not designed for emergency situations. If you experience a medical emergency, contact emergency services immediately:

• Romania Emergency: 112
• Poison Control: 021-318.36.06

6.3 Healthcare Provider Consultation

We strongly recommend:

• Consulting your healthcare provider before making significant changes to smoking habits
• Seeking professional medical advice if you experience concerning symptoms

6.4 No Treatment Guarantee

We do not guarantee that use of the App will result in successful smoking cessation. Results may vary based on individual circumstances and commitment to the program.

7. Privacy and Data Use

7.1 Privacy Policy Incorporation

Your privacy is important to us. Our Privacy Policy, which describes how we collect, use, and protect your information, is incorporated into these Terms by reference.

7.2 Research Data Use

By using the App, you consent to:

• Collection and analysis of your data for research purposes
• Publication of research results in aggregate, de-identified form
• Long-term retention of de-identified data for scientific purposes

7.3 Data Sharing

Your data may be shared with our research partners (University of Michigan, Wake Forest University) under formal data sharing agreements that ensure equivalent privacy protection.

8. Intellectual Property

8.1 App Ownership

The App and all its content, features, and functionality are owned by UBB and its licensors and are protected by international copyright, trademark, and other intellectual property laws.

8.2 Your Content

You retain ownership of any personal information or content you provide through the App. By using the App, you grant us a limited license to use this content for research purposes as described in our Privacy Policy: https://impreunapentrumame.granturi.ubbcluj.ro/privacy-policy/.

8.3 Feedback

Any feedback, suggestions, or ideas you provide about the App may be used by us without compensation to improve the App and Services.

9. App Availability and Modifications

9.1 Service Availability

• The App is provided “as is” and we do not guarantee continuous availability
• We may temporarily suspend or restrict access for maintenance or updates
• Internet connectivity is required for most App features

9.2 Updates and Changes

• We may update the App to add features, fix bugs, or improve performance
• Updates may require you to accept revised Terms
• We may modify or discontinue features at our discretion

9.3 Support and Maintenance

• Technical support is available via impreunafarafum@publichealth.ro
• We will provide reasonable technical support during the study period
• Response time for support requests is typically 48 hours during business days

10. Termination

10.1 Termination by You

You may terminate your participation at any time by:

• Uninstalling the App from your device
• Contacting our study team to withdraw from the research study
• Note that some data may be retained as described in our Privacy Policy

10.2 Termination by Us

We may terminate your access if you:

• Violate these Terms or our Privacy Policy
• Provide false information during registration
• Engage in conduct that we determine is harmful to the study
• Fail to respond to study communications for an extended period

10.3 Effect of Termination

Upon termination:

• Your license to use the App ends immediately
• Data retention will follow the procedures described in our Privacy Policy

11. Disclaimers and Limitations

11.1 Warranty Disclaimer

THE APP IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UBB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING FROM YOUR USE OF THE APP.

11.3 Indemnification

You agree to indemnify and hold harmless UBB, its officers, employees, and agents from any claims, damages, or expenses arising from your use of the App or violation of these Terms.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by Romanian law without regard to conflict of law principles.

12.2 Jurisdiction

Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts of Cluj-Napoca, Romania.

12.3 Dispute Resolution Process

Before initiating legal proceedings, we encourage you to:

1. Contact our support team to resolve the issue informally
2. Submit a formal complaint to our Data Protection Officer
3. Contact the Romanian supervisory authority (ANSPDCP) if privacy-related

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and UBB regarding the App.

13.2 Modifications

We may modify these Terms at any time. Material changes will be communicated via:

• In-app notifications
• Email notifications to registered users
• Updates posted on our website

Continued use of the App after changes constitutes acceptance of the revised Terms.

13.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

13.4 Assignment

You may not assign your rights under these Terms. We may assign our rights and obligations without restriction.

13.5 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

14. Contact Information

14.1 General Inquiries

• Email: impreunafarafum@publichealth.ro

14.2 Study-Related Questions

• Principal Investigator: oana.blaga@ubbcluj.ro

14.3 Technical Support

• Support Email: impreunafarafum@publichealth.ro
• Available: Monday-Friday, 9:00-17:00 EET

14.4 Privacy and Data Protection

• Data Protection Officer: Available upon request
• Email: dpo@ubbcluj.ro

15. Acknowledgment

By using the Împreună Fără Fum App, you acknowledge that:

• You have read and understood these Terms of Service
• You have read and understood our Privacy Policy
• You meet all eligibility requirements for participation
• You understand the research nature of this App
• You consent to participate in the associated research study
• You understand your rights and obligations under these Terms

Effective Date: These Terms of Service become effective on January 1st, 2023 and remain in effect until terminated or superseded by an updated version.

Language Notice: These Terms are provided in English. Romanian translations are available upon request. In case of conflict, the Romanian version shall prevail for users in Romania.