Terms of Service

Last updated: May 31, 2026

These Terms of Service ("Terms") govern your use of the Smog Report iOS application (the "App") and the smogreport.com website (the "Website"), together referred to as the "Service". The Service is operated by Smog Report ("we", "us"). By installing the App, opening the Website, or using any feature of the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Acceptance and Eligibility

You may use the Service if you can form a binding contract with us under the laws of your jurisdiction. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms. The Service is not directed at children under 13, and we do not knowingly collect personal information from children under 13 (see the Privacy Policy).

2. License Grant

Subject to your continued compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, and to access the Website for personal, non-commercial use. The App is also subject to Apple Inc.'s standard End User License Agreement and the Apple Media Services Terms and Conditions, which are made available by Apple and which govern your relationship with Apple as the App Store distributor.

3. Acceptable Use

You agree not to:

• use the Service in any way that violates applicable law or regulation;
• attempt to interfere with, disrupt, or compromise the integrity, security, or performance of the Service or its underlying infrastructure;
• reverse engineer, decompile, or attempt to extract source code from the App, except to the extent expressly permitted by applicable law;
• use any automated means (including scrapers, bots, or headless browsers) to access the Service or to extract data from it;
• resell, redistribute, sublicense, or commercially exploit the Service or any data obtained through it without our prior written consent;
• misrepresent your identity or impersonate any person or entity in connection with the Service.

4. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of data. Air quality data displayed by the Service is sourced from reference-grade providers depending on your location — the U.S. Environmental Protection Agency's AirNow service in the United States, OpenAQ across roughly 100 other countries, and national agencies such as Singapore's National Environment Agency — and reflects readings from monitors near your selected location; the Service does not guarantee the timeliness, completeness, or accuracy of that data. Air quality conditions can change rapidly, sensors can go offline, and reported values can lag actual conditions. Do not rely on the Service for safety-critical decisions, medical decisions, or in emergencies. If you have a respiratory or cardiovascular condition, consult a qualified medical professional for guidance about air quality and your health.

5. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Smog Report or its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your use of the Service, regardless of the legal theory and whether or not we have been advised of the possibility of such damages. Our total cumulative liability arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the amount you have paid to us in the twelve months preceding the event giving rise to the claim or (b) US$10. Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you.

6. Third-Party Data and Services

The Service depends on third-party data sources and services, including the AirNow service operated by the U.S. EPA, NOAA, the National Park Service, and tribal, state, and local agencies (used for U.S. locations); OpenAQ (used for roughly 100 other countries); and national agencies such as Singapore's National Environment Agency via data.gov.sg. This public data is provided without warranty by those agencies. We are not affiliated with the EPA, AirNow, OpenAQ, or any government agency, and none of them endorse the Service. Your use of any third-party data or service made available through the Service is also subject to that third party's own terms.

7. Advertising

The Website may display advertisements served by Google AdSense and similar third-party ad networks. Since version 2.5.1, the App also displays a limited number of native advertisements served by Google Mobile Ads (AdMob) — never on watchOS, in widgets, or in Live Activities — which you can remove permanently with a tip from the in-app Tip Jar. We do not endorse advertised products or services and we do not control the content of those ads in either surface. Your interactions with advertisers are between you and the advertiser.

8. Intellectual Property

The Service, including the App's source code, the Website's content, the Smog Report name, and the Smog Report logo, is owned by us and is protected by U.S. and international intellectual-property laws. We reserve all rights not expressly granted to you in these Terms. The license in Section 2 does not transfer any ownership of the Service to you.

9. Voluntary Tips

The Website may include a link to a third-party platform that lets you send a voluntary tip in support of the Service. Tips are voluntary, non-refundable, and do not entitle you to additional features or services. The processor's own terms govern the payment.

10. Changes to the Service or These Terms

We may modify or discontinue the Service, or any feature of it, at any time without liability. We may also revise these Terms from time to time; if we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice through the App or Website. Your continued use of the Service after the effective date of revised Terms constitutes acceptance of those revisions.

11. Termination

You may stop using the Service at any time and uninstall the App. We may suspend or terminate your access to the Service if we reasonably believe you have violated these Terms or are misusing the Service. Sections 3 through 8 and 12 through 13 survive termination.

12. Governing Law and Disputes

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Florida, and you and we consent to the personal jurisdiction of those courts.

13. Contact

Questions about these Terms can be sent to hello@smogreport.com.