TERMS AND CONDITIONS
Nature’s Engineering – Nesmokesen Tracker
Last Updated: February 8th 2026
These Terms and Conditions (“Terms”) govern your access to and use of the Nature’s Engineering mobile application, including the Nesmokesen Tracker (the “App”), operated by Hyperton Inc., doing business as Nature’s Engineering (“Nature’s Engineering,” “we,” “us,” or “our”).
By downloading, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the App.
1. PURPOSE AND NATURE OF THE APP
The App is a general-purpose informational utility and passive, user-initiated self-tracking tool. The App allows users to manually input information and view mechanically generated outputs such as calendars, reminders, notifications, progress displays, and basic calculations.
The App does not provide medical, health, wellness, psychological, behavioral, financial, or other professional advice, recommendations, diagnoses, evaluations, or services, and does not guarantee or represent any outcomes or results. All outputs are generated mechanically based solely on user-provided inputs and predefined assumptions, without interpretation or professional judgment.
Any decisions or actions you take based on information displayed in the App are taken solely at your own discretion and risk.
2. WHAT THE APP IS NOT
For clarity, the App is not:
- a medical device or regulated healthcare software;
- a diagnostic, therapeutic, treatment, or intervention tool;
- a monitoring, emergency, or real-time response system;
- a substitute for professional medical, psychological, financial, or other advice;
- a system that interprets, evaluates, or analyzes personal data;
- a guarantee of outcomes, progress, or behavioral change;
- a user-tracking, surveillance, or analytics platform.
The App does not personalize, interpret, or evaluate user data and does not exercise professional judgment of any kind.
3. NO MEDICAL OR PROFESSIONAL ADVICE
The App is not a medical device, treatment program, therapy, or healthcare service. It is not intended to diagnose, treat, cure, mitigate, prevent, or manage any disease, condition, or health issue.
You acknowledge and agree that:
- the App is not a substitute for consultation with qualified professionals;
- you should consult a qualified healthcare professional before making health-related decisions;
- reliance on any information provided by the App is solely at your own risk.
4. NESMOKESEN PRODUCT DISCLAIMER
Any references in the App to the Nesmokesen product are provided for informational purposes only. The App does not represent or warrant that use of the App or the Nesmokesen product will result in smoking cessation, reduction in smoking, or any specific outcome.
Neither the App nor the Nesmokesen product is intended to diagnose, treat, cure, or prevent any disease, and no such claims are made or implied.
5. NO GUARANTEES; ACCURACY OF INFORMATION, ASSUMPTIONS AND ESTIMATES
The information, content, calculations, estimates, displays, translations, and other materials made available through the App are provided for general informational purposes only and may contain errors, inaccuracies, omissions, or typographical mistakes.
We do not warrant or guarantee the accuracy, completeness, reliability, timeliness, or correctness of any information or output generated by or displayed in the App. Results may be affected by assumptions, simplifications, rounding, predefined parameters, and user-provided.
Outputs are informational only and do not constitute commitments, guarantees, or representations of actual results.
You acknowledge and agree that any reliance on information provided by the App is at your own risk.
6. NO EMERGENCY OR REAL-TIME USE
The App is not designed for emergency situations, real-time decision-making, or circumstances where failure, delay, interruption, or inaccuracy could result in harm, damage, or loss.
You agree not to rely on the App in such situations.
7. USER RESPONSIBILITY
You are solely responsible for:
- the accuracy of information you input into the App;
- your interpretation and use of App outputs;
- your device settings, permissions, notifications, alarms, battery optimization settings, and system configurations.
We are not responsible for missed notifications, alarms, reminders, data loss, or App malfunction due to device, operating system, or third-party factors.
8. AVAILABILITY
We do not guarantee that the App will be available at all times or that it will operate uninterrupted or error-free. The App may be modified, suspended, limited, or discontinued at any time without notice.
9. FORCE MAJEURE
We shall not be liable for any delay, failure, or interruption resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, internet or network outages, platform or operating system changes, third-party service failures, governmental actions, or labor disputes.
10. DEVICE AND SOFTWARE DAMAGE
You acknowledge and agree that your use of the App is at your own risk. We are not responsible or liable for any damage to your mobile device, operating system, software, hardware, data, settings, storage, or other property resulting from the installation, use, inability to use, or removal of the App, including but not limited to device malfunction, data loss, corruption, or incompatibility.
11. ACCEPTABLE USE
You agree to use the App only for its intended purposes. You may not:
- reverse engineer, decompile, disassemble, modify, or attempt to derive source code;
- interfere with or disrupt the operation of the App;
- use the App for unlawful, harmful, abusive, deceptive, or unintended purposes;
- use the App for any commercial purpose, resale, redistribution, or on behalf of any third party.
12. LICENSE GRANT AND INTELLECTUAL PROPERTY
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App on a personal device for non-commercial use.
All intellectual property rights in the App, including software, text, graphics, and trademarks, are owned by or licensed to Nature’s Engineering. No rights are granted except as expressly stated in these Terms.
If you violate these Terms, your license to use the App will terminate immediately without notice, and you must cease all use of and delete the App from your devices.
13. THIRD-PARTY SOFTWARE AND SERVICES
The App incorporates third-party open-source software and services licensed under their respective licenses. Such software is provided by its respective authors “AS IS” and without warranties of any kind.
Applicable license notices and texts are available within the App. Nothing in these Terms limits or replaces the rights granted under such licenses.
14. DISCLAIMER OF WARRANTIES
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
We do not warrant that the App will be uninterrupted, secure, or free of errors or harmful components.
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NATURE’S ENGINEERING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, PROFITS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Hyperton Inc. d/b/a Nature’s Engineering, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including attorneys’ fees) arising out of or related to your use or misuse of the App, your violation of these Terms, or your reliance on App content.
17. MODIFICATIONS AND TERMINATION
We reserve the right to modify these Terms or suspend or discontinue the App at any time without notice. Continued use of the App constitutes acceptance of any changes.
18. GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles. Any dispute shall be resolved exclusively in the state or federal courts located in New Jersey.
19. SEVERABILITY AND SURVIVAL
If any provision of these Terms is held unenforceable, the remaining provisions shall remain in full force and effect. Provisions which by their nature should survive termination shall survive.
20. CONTACT INFORMATION
Nature’s Engineering
Contact@nenutri.com