Terms and Conditions
Last updated: April 2, 2026
Please read these Terms and Conditions ("Terms," "Agreement") carefully before using the Wayout application and website located at wayout.today (collectively, the "Service"), operated by Wayout ("Company," "we," "us," or "our").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions set forth herein, you must not access or use the Service. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of such changes.
Payment Processing — Stripe
Payments for paid access to Wayout are processed by Stripe, Inc. ("Stripe"), our third-party payment processor. Stripe handles the secure transmission and processing of your payment method. Your bank or card statement may show "Wayout" or a similar descriptor.
These Terms govern your use of the Wayout software and Service and your relationship with the Company for product access, support, and licensing. Stripe's processing of your payment data is subject to Stripe's Services Agreement and Privacy Policy. See also our Privacy Policy for what payment data we receive from Stripe to fulfill your access.
1. Definitions
"User," "you," or "your" refers to the individual accessing or using the Service. "Content" means all text, data, messages, in-app program responses, and other materials generated, transmitted, or displayed through the Service. "AI Content" means any output generated by artificial intelligence models integrated into the Service. "Paid Plan" (or "Plan") means a paid access tier for the Service purchased through our checkout flow. Current Paid Plans are the <em>Quit Program</em> (approximately thirty days of access) and <em>One-Year</em> (approximately one year of access from activation). Paid Plans are one-time purchases, not recurring subscriptions, unless we expressly offer a different model in the future.
2. Eligibility
The Service is intended for individuals who are at least eighteen (18) years of age, or the age of majority in their jurisdiction, whichever is greater. By using the Service, you represent and warrant that you meet this eligibility requirement. If you are accessing the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
3. Description of the Service
Wayout is a software application that provides AI-powered program tools designed to support individuals in their efforts to quit smoking. The Service includes, without limitation: urge-intervention tools, story-based exercises and prompts, proactive WhatsApp messaging, dashboard tracking, and related features. Features may vary depending on your Plan.
4. Important Health and Medical Disclaimer
THE SERVICE IS NOT A MEDICAL DEVICE, MEDICAL TREATMENT, OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
The Service is a general wellness application as contemplated by the U.S. Food and Drug Administration's guidance on General Wellness: Policy for Low Risk Devices (September 2019) and Regulation (EU) 2017/745 on medical devices. It is intended solely for general wellness purposes and behavioral support. Specifically:
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, RECEIVED, OR ACCESSED THROUGH THIS SERVICE.
- The Service does not diagnose, treat, cure, mitigate, or prevent any disease or medical condition, including nicotine dependence or tobacco use disorder as classified under the International Classification of Diseases (ICD-10: F17, ICD-11: 6C4A).
- The Service is not a replacement for nicotine replacement therapy (NRT), prescription medications (such as varenicline or bupropion), counseling by licensed professionals, or any other evidence-based cessation program.
- AI-generated program responses are produced by large language models and do not constitute professional psychological, psychiatric, or medical advice. These outputs are not reviewed by licensed healthcare practitioners before delivery.
- If you experience symptoms of nicotine withdrawal that affect your physical or mental health, or if you have any underlying health conditions, you should consult a qualified healthcare provider before relying solely on this Service.
- Results vary. No guarantee of smoking cessation, reduction in cigarette consumption, or any specific health outcome is made or implied.
5. User Accounts
5.1 Account Creation
Access to the Service requires authentication through a supported third-party identity provider (currently Google Sign-In, pursuant to Google's Terms of Service and OAuth 2.0 protocol). We store your verified email address and a unique identifier. You are responsible for maintaining the security of your authentication credentials and for all activity that occurs under your account.
5.2 Account Accuracy
You agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided is inaccurate, incomplete, or misleading.
5.3 One Account per User
Each individual may maintain only one account. Creating multiple accounts to circumvent usage limits, abuse promotions, or for any other purpose is prohibited.
6. Plans, Payments, and Refunds
6.1 Plan Structure
The Service offers both free and paid tiers. Paid plans — currently the <em>Quit Program</em> (approximately thirty days of access) and <em>One-Year</em> (approximately one year of access from activation) — are one-time purchases. There are no recurring subscriptions, automatic renewals, or hidden charges.
6.2 Payment Processing
All payments for Paid Plans are processed by Stripe as described in the Payment Processing — Stripe section above. By completing a purchase, you authorize Stripe to charge your selected payment method for the total shown at checkout (including applicable taxes). Stripe's processing is subject to Stripe's Services Agreement and Privacy Policy.
You are responsible for providing accurate billing information at checkout. If a payment fails or is reversed, we may suspend or withhold access to Paid Plan features until payment is successfully completed.
6.3 Pricing and Currency
Prices are displayed in the currency shown at checkout. We reserve the right to change pricing at any time; however, any price changes will not affect purchases already completed.
6.4 Refund Policy
Because the Service delivers digital content that is accessible immediately after a successful purchase, you acknowledge that immediate performance may begin upon checkout completion, and that applicable rights of withdrawal for digital goods may be limited once access has been supplied, to the maximum extent permitted by law (including, where relevant, Article 16(m) of the EU Consumer Rights Directive 2011/83/EU or the UK Consumer Contracts Regulations 2013).
How to request a refund: Contact us at support@wayout.today with your purchase details (email used at checkout and approximate date). Approved refunds are typically processed via Stripe to your original payment method; timing may depend on your bank or card issuer. We do not guarantee that every refund request will be granted; eligibility depends on these Terms and mandatory consumer law in your country.
- If you are in the European Economic Area, United Kingdom, or another jurisdiction that grants a cooling-off period for distance contracts, and you have not used the Paid Plan after purchase, you may request a refund within fourteen (14) days where required by applicable law.
- We may, at our sole discretion, consider refund requests made within fourteen (14) days of purchase in other cases. No refund is owed merely because you did not achieve a particular health outcome; see Section 4.
- The One-Year plan follows the same framework. There is no pro-rata refund after any applicable fourteen-day window has ended.
6.5 Coupon Codes
Promotional coupon codes may be issued for gift or business-to-business purposes. Coupons are non-transferable (unless explicitly designated otherwise), cannot be redeemed for cash, and are subject to their individual terms including expiration dates and maximum redemption limits. We reserve the right to revoke or void coupons that are obtained through fraud, unauthorized distribution, or error.
7. AI-Generated Content
7.1 Nature of AI Outputs
The Service uses third-party large language models (including services provided by OpenAI) to generate program responses, urge interventions, and related content. AI Content is generated algorithmically and is not authored, reviewed, or endorsed by any human professional prior to delivery. AI Content may contain inaccuracies, errors, or outputs that are inappropriate, incomplete, or not applicable to your individual circumstances.
7.2 No Professional Advice
AI Content does not constitute medical, psychological, legal, financial, or other professional advice. You must exercise your own judgment when acting upon any information provided by the Service. See Section 4 (Health and Medical Disclaimer) for additional important limitations.
7.3 AI Limitations
You acknowledge that AI models may produce outputs that are incorrect, misleading, or inconsistent. We do not guarantee the accuracy, reliability, completeness, or suitability of any AI Content for any purpose. We are not liable for any decisions made or actions taken in reliance on AI Content.
8. User Conduct and Prohibited Uses
You agree not to:
- Use the Service for any purpose that is unlawful or prohibited by these Terms;
- Attempt to gain unauthorized access to any part of the Service, other users' accounts, or any systems or networks connected to the Service;
- Interfere with or disrupt the integrity or performance of the Service;
- Use automated means (bots, scrapers, crawlers) to access the Service except as explicitly permitted;
- Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service;
- Circumvent, disable, or interfere with security features or usage limits of the Service;
- Use the Service to generate or distribute harmful, abusive, harassing, defamatory, or illegal content;
- Create multiple accounts to circumvent usage limits, abuse promotions, or otherwise violate these Terms;
- Resell, sublicense, or commercially exploit the Service without our prior written consent.
9. Intellectual Property
9.1 Our Rights
The Service, including its original content, features, functionality, design, code, trademarks, logos, and all associated intellectual property, is and shall remain the exclusive property of Wayout and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws of the United States, Israel, the European Union, and applicable international conventions including the Berne Convention for the Protection of Literary and Artistic Works and the WIPO Copyright Treaty.
9.2 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. This license does not include the right to modify, distribute, sell, publicly display, or create derivative works of any part of the Service.
9.3 User Content
You retain ownership of text you submit to the Service (messages, context notes, profile information). By submitting content, you grant us a worldwide, royalty-free, non-exclusive license to use, store, and process such content solely for the purpose of providing and improving the Service.
9.4 DMCA and Copyright Complaints
If you believe that content available through the Service infringes your copyright, you may submit a notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) by contacting us at support@wayout.today with the information required under 17 U.S.C. § 512(c)(3).
10. Privacy and Data Protection
Your use of the Service is also governed by our data protection practices. By using the Service, you consent to the collection and use of your information as described below:
- Data we collect: email address (via Google OAuth), profile information you provide (smoking habits, demographics, quit date), messages exchanged in program chat, urge events, and usage analytics.
- How we use it: to provide and personalize the Service, generate AI program responses, deliver WhatsApp messages, process payments (via Stripe), and improve the Service.
- Third-party processors: Google (authentication), OpenAI (AI features in the app), Stripe (payment processing), Twilio (WhatsApp messaging), Amazon Web Services (hosting and infrastructure).
- Data retention: we retain your data for as long as your account remains active or as needed to provide the Service. You may request deletion of your account and associated data by contacting us.
- International transfers: your data may be transferred to and processed in countries other than your country of residence, including the United States and Israel. Where applicable, such transfers are carried out in compliance with Chapter V of the General Data Protection Regulation (EU) 2016/679 ("GDPR"), including Standard Contractual Clauses approved by the European Commission.
10.1 Your Rights Under GDPR
If you are located in the European Economic Area or the United Kingdom, you have the following rights under the GDPR and the UK Data Protection Act 2018: the right of access (Article 15), rectification (Article 16), erasure (Article 17, "right to be forgotten"), restriction of processing (Article 18), data portability (Article 20), and the right to object (Article 21). To exercise any of these rights, contact us at support@wayout.today.
10.2 Your Rights Under CCPA
If you are a California resident, you have the right to know what personal information we collect, request deletion of your personal information, and opt out of the sale of personal information, pursuant to the California Consumer Privacy Act (Cal. Civ. Code §§ 1798.100 et seq., as amended by the California Privacy Rights Act). We do not sell personal information. To exercise your rights, contact us at support@wayout.today.
10.3 WhatsApp Communications
By opting in to WhatsApp notifications, you consent to receive proactive program messages at the phone number you provide. You may opt out at any time by replying "STOP" to any message, disabling the feature in your settings, or contacting us. Message frequency varies. Standard messaging rates may apply.
11. Third-Party Services
The Service integrates with and relies upon third-party services. Your use of these services is subject to their respective terms and policies:
- Google — Authentication via Google Sign-In is subject to the Google Terms of Service.
- OpenAI — In-app AI features are powered by OpenAI's models, subject to OpenAI's Terms of Use.
- Stripe — Payment processing is handled by Stripe, Inc., subject to Stripe's Services Agreement.
- Twilio — WhatsApp message delivery is provided by Twilio Inc., subject to Twilio's Terms of Service.
We are not responsible for the availability, accuracy, or content of third-party services, and we shall not be liable for any loss or damage arising from your use of such services.
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO THE UNIFORM COMMERCIAL CODE (U.C.C.), THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Without limiting the foregoing, we do not warrant that: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) the results obtained from the Service will be accurate, reliable, or suitable for any purpose; (c) the quality of the Service will meet your expectations; or (d) any errors in the Service will be corrected.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
- Your access to, use of, or inability to use the Service;
- Any conduct or content of any third party on the Service;
- Any AI Content received through the Service;
- Any health outcomes, whether positive or negative, that you may attribute to your use of the Service;
- Unauthorized access, use, or alteration of your data or content;
- Any other matter relating to the Service.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID FOR ACCESS TO THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully excluded.
14. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your violation of any right of any third party. This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Service.
15. Termination
15.1 Termination by You
You may stop using the Service at any time. To request deletion of your account and all associated data, contact us at support@wayout.today.
15.2 Termination by Us
We reserve the right to suspend or terminate your account and access to the Service, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the Service will immediately cease.
15.3 Effects of Termination
Upon termination: (a) all licenses granted to you under these Terms shall immediately terminate; (b) you must cease all use of the Service; (c) we may delete your account data in accordance with our data retention practices; and (d) Sections 4, 7, 9, 12, 13, 14, 16, 17, and 18 shall survive termination.
16. Governing Law and Dispute Resolution
16.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law provisions. To the extent that any dispute involves consumer protection matters in the European Union, the mandatory consumer protection provisions of the EU Member State in which you reside shall apply pursuant to Article 6(2) of the Rome I Regulation (Regulation (EC) No 593/2008).
16.2 Dispute Resolution
Any dispute arising out of or in connection with these Terms shall first be subject to good faith negotiation for a period of thirty (30) days following written notice. If the dispute is not resolved through negotiation, it shall be submitted to the exclusive jurisdiction of the competent courts in Tel Aviv-Yafo, Israel, except where mandatory consumer protection laws grant you the right to bring proceedings in your local courts.
16.3 EU Online Dispute Resolution
If you are a consumer residing in the European Union, you may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
17. Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days' notice prior to the new terms taking effect, by posting the updated Terms on this page and updating the "Last updated" date. What constitutes a material change will be determined at our sole discretion. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.
18. General Provisions
18.1 Entire Agreement
These Terms, together with any applicable Plan terms and our data protection practices, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements, understandings, representations, and negotiations.
18.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
18.3 Waiver
No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise of that right or any other right.
18.4 Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
18.5 Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, labor disputes, government actions, power failures, internet or telecommunications failures, or third-party service outages.
18.6 No Third-Party Beneficiaries
These Terms do not confer any rights, remedies, or benefits upon any person other than the parties hereto, except as expressly provided herein.
19. Contact Information
If you have any questions about these Terms, please contact us:
- Email: support@wayout.today
- Website: https://wayout.today
- Contact form: wayout.today/contact-us
By using the Wayout Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
