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Terms & Privacy

Last updated: December 30, 2025

Agreement to Our Legal Terms

We are Holy Smoke ("Company," "we," "us," "our").

We operate, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at legal@holysmoke.app.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Holy Smoke, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

2. Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Your use of our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

3. User Representations

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

4. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

  • Systematically retrieve data to create compilations without permission
  • Trick, defraud, or mislead us and other users
  • Circumvent security-related features of the Services
  • Use any information to harass, abuse, or harm another person
  • Use the Services in a manner inconsistent with applicable laws
  • Upload viruses, Trojan horses, or other harmful material
  • Engage in unauthorized framing or linking to the Services
  • Attempt to impersonate another user or person
  • Interfere with or create an undue burden on the Services
  • Copy or adapt the Services' software

5. User Generated Contributions

The Services may provide you with the opportunity to create, submit, post, display, transmit, or broadcast content and materials. When you create or make available any Contributions, you represent and warrant that the content is accurate, not deceptive, and does not violate any applicable law.

6. Contribution License

You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices. By submitting suggestions or other feedback, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights associated with them.

7. Services Management

We reserve the right to monitor the Services for violations of these Legal Terms, take appropriate legal action, refuse or restrict access, remove excessive content, and otherwise manage the Services to protect our rights and facilitate proper functioning.

8. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to the Services to any person for any reason or no reason, including for breach of these Legal Terms. We may terminate your use or delete your content at any time, without warning.

9. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time. We cannot guarantee the Services will be available at all times due to hardware, software, or maintenance issues.

10. Governing Law

These Legal Terms shall be governed by and defined following the laws of Louisiana. Holy Smoke and yourself irrevocably consent that the courts of Orleans Parish shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

11. Dispute Resolution

Informal Negotiations

To expedite resolution and control costs, the Parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration.

Binding Arbitration

Any dispute arising out of these Legal Terms shall be referred to and finally resolved by arbitration. The seat of arbitration shall be New Orleans, Louisiana. The language of the proceedings shall be English.

12. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES.

13. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES.

14. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand arising out of your use of the Services, breach of these Legal Terms, or violation of third party rights.

15. User Data

We will maintain certain data that you transmit to the Services for managing performance. Although we perform regular backups, you are solely responsible for all data that you transmit. You agree that we shall have no liability for any loss or corruption of such data.

16. Electronic Communications

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, and disclosures we provide electronically satisfy any legal requirement that such communication be in writing.

17. Miscellaneous

These Legal Terms constitute the entire agreement between you and us. Our failure to exercise any right shall not operate as a waiver. We may assign our rights and obligations at any time. If any provision is determined to be unlawful or unenforceable, that provision is deemed severable and does not affect the validity of remaining provisions.

18. Contact Us

To resolve a complaint or receive further information regarding use of the Services, please contact us at: legal@holysmoke.app