CIGARISTA
LEGAL · POLICIES

Terms of Service

Effective May 24, 2026Privacy Policy →

These Terms of Service (the “Terms”) form a binding agreement between you and Mind Meat Machine, LLC, a Pennsylvania limited liability company doing business as Cigarista (“Cigarista,” “we,” “us,” or “our”), and govern your access to and use of the Cigarista mobile applications for Android and iOS, the website and web application located at cigarista.app, and any related software, content, and services (collectively, the “Service”).

By creating an account, downloading, installing, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

You may use the Service only if you are at least the minimum age required where you reside: 21 years of age if you reside in the United States, and 18 years of age elsewhere. By using the Service, you represent and warrant that you meet the applicable age requirement and that you have the legal capacity to enter into these Terms. The Service is not directed to, and we do not knowingly collect information from, individuals below those ages.

Cigarista is a personal cigar-tracking and recommendation application that lets you maintain a digital humidor, record reviews, ratings, and tasting notes, manage a wishlist, and use AI-assisted features to help identify cigars from photographs. The Service does not sell, distribute, or facilitate the sale of tobacco products. The Service is informational and recreational; it is not medical, health, or smoking-cessation advice.

To use most features of the Service you must create an account. You may register using third-party sign-in providers (currently Sign in with Google and Sign in with Apple) or any other authentication method we make available. You agree to provide accurate information, keep it current, and maintain the security of your credentials. You are responsible for all activity that occurs under your account. Notify us at josh@cigarista.app promptly if you suspect unauthorized use of your account.

Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Service for your own personal, non-commercial use. All rights not expressly granted are reserved.

5.1 Subscription Tiers

The Service is offered as a free tier and one or more paid subscription tiers. Paid tiers may include monthly scan credits for AI identification, recommendation features, and other premium functionality. Current features, credit allotments, and pricing are displayed in the Service at the time of purchase.

5.2 Billing Through Platform Stores

Subscriptions purchased through the Google Play Store or the Apple App Store are billed by Google or Apple, respectively, under their billing terms and your account with them. Subscriptions purchased through cigarista.app are billed by our authorized payment processor.

5.3 Auto-Renewal

Paid subscriptions automatically renew at the end of each subscription period at the then-current price until cancelled. You may cancel a subscription at any time through the platform or processor used for purchase. Cancellation takes effect at the end of the then-current billing period; you retain access to paid features until that period ends.

5.4 Refunds

Refunds are governed by the policies of the platform or processor through which you purchased the subscription. We do not directly process refunds for subscriptions purchased through Google Play or the Apple App Store. Where applicable law grants you a right of withdrawal or refund that cannot be excluded by contract, that right applies.

5.5 Scan Credits

Scan credits are non-refundable, have no cash value, and may not be transferred or sold. Unused monthly credits expire at the end of each billing cycle. Any additional credits separately granted to your account remain available until used unless we state otherwise at the time of grant.

5.6 Price Changes

We may change subscription pricing. Price changes apply to renewals occurring after we provide notice through the Service or by email, and you may cancel before the change takes effect.

6.1 What Counts as User Content

“User Content” means anything you submit to the Service, including photographs of cigars, reviews, ratings, tasting notes, wishlist entries, your display name, and other text or images you upload.

6.2 Ownership

You retain all ownership rights you already hold in your User Content. You are solely responsible for your User Content and for ensuring you have all rights necessary to submit it.

6.3 Public User Content

Reviews, ratings, tasting notes, photographs of cigars, and similar User Content you submit to the Service are public by default (“Public User Content”). Public User Content:

Do not submit any User Content you are unwilling to make public, and do not include personal information about yourself or others (such as your real name, address, phone number, or email address) in any review, tasting note, or photograph. Choose a display name that does not reveal information you wish to keep private.

6.4 License to Cigarista and Partners

For Public User Content, you grant Cigarista a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to host, store, reproduce, process, modify for formatting and processing purposes, transmit, publicly display, publicly perform, distribute, and create derivative works of that content, and to authorize third parties (including cigar brands, retailers, publishers, and other commercial partners of Cigarista) to do the same, in any media now known or later developed, for any purpose related to operating, providing, promoting, or commercializing the Service.

For User Content that is not Public User Content (such as your private humidor inventory, wishlist, “What I Like” preferences, and notes you keep to yourself), you grant Cigarista a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, process, modify for formatting and processing purposes, transmit, and display that content solely as necessary to operate, provide, secure, and improve the Service for you, including by transmitting cigar images to AI providers for identification on your behalf. This license terminates when you delete the relevant private User Content or your account, except to the extent the content has been incorporated into aggregated or de-identified data, persisted in routine backups pending overwrite, or retained as required by law.

6.5 Persistence After Account Deletion

If you delete your account, Public User Content you have submitted will remain publicly available on the Service and may continue to be used under the license in Section 6.4, but we will replace your display-name attribution with a generic label such as “Former user.” If you want particular Public User Content removed before you delete your account, delete those items individually from within the Service first.

6.6 Content Restrictions

You agree not to submit User Content that:

We may remove User Content that we reasonably believe violates these restrictions or these Terms.

6.7 Aggregated and De-Identified Data

We may create and use aggregated or de-identified information derived from User Content and from your use of the Service, including statistics, insights, and trend reports. We may share or sell this information to third parties for any lawful purpose. Aggregated and de-identified information does not identify you and is not subject to the privacy rights described in our Privacy Policy.

You agree not to:

The Service includes features that use generative artificial intelligence to identify cigars from photographs and to generate recommendations. AI output is generated by automated systems and may be incomplete, inaccurate, or misleading. You acknowledge that:

We are not liable for any decision you make in reliance on AI output.

The Service is intended for adults who choose to use tobacco products of their own free will. Cigarista does not sell, distribute, or recommend the purchase of tobacco products. Tobacco use carries serious health risks. Nothing in the Service is medical advice. Consult a qualified healthcare professional for any health-related questions or concerns.

The Service, including all software, designs, text, graphics, logos, and trademarks (other than User Content), is owned by Cigarista or its licensors and is protected by copyright, trademark, and other intellectual-property laws. Except for the limited license in Section 4, these Terms do not grant you any right, title, or interest in the Service.

If you send us feedback, suggestions, or ideas about the Service, you grant Cigarista a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use that feedback for any purpose without obligation to you.

The Service relies on third-party services, including Google Firebase (authentication, database, cloud functions, and storage), Anthropic (AI cigar identification), Google Play and the Apple App Store (in-app purchases on mobile), Paddle (payment processing on the web), and Cloudflare and Vercel (hosting and content delivery). Your use of features that rely on these services is subject to their respective terms. We are not responsible for third-party services, and their availability or behavior may affect the Service.

You may stop using the Service at any time and may delete your account from within the Service or by emailing josh@cigarista.app. We may suspend or terminate your access to the Service, or any part of it, at any time if you violate these Terms, if we reasonably believe your use poses a risk to other users or to the Service, or if we discontinue the Service. Upon termination, your right to use the Service ends, but Sections 6.3, 6.4, 6.5, 6.7, 8, 9, 10, 11, 14, 15, 16, 17, 18, and 21 will survive.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIGARISTA AND ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID CIGARISTA IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS (US$100).

THE LIMITATIONS IN THIS SECTION FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CIGARISTA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold harmless Cigarista and its officers, members, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with (a) your User Content, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of any law or the rights of any third party.

17.1 Governing Law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17.2 Informal Resolution

Before filing any formal claim, you agree to first contact us at josh@cigarista.app and to attempt to resolve the dispute informally for at least sixty (60) days.

17.3 Binding Arbitration

If we are unable to resolve a dispute informally, you and Cigarista agree to resolve any dispute arising out of or relating to these Terms or the Service through final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted in Philadelphia, Pennsylvania, or by videoconference at your election. The arbitrator may award the same individual relief that a court could, and the arbitrator’s award is enforceable in any court of competent jurisdiction.

17.4 Class-Action Waiver

You and Cigarista each waive any right to bring or participate in a class, collective, or representative action. Disputes may be brought only in an individual capacity.

17.5 Exceptions

Either party may bring an individual claim in small-claims court in the county where you reside, and either party may seek injunctive or equitable relief in court for the actual or threatened infringement, misappropriation, or violation of intellectual-property rights.

17.6 30-Day Opt-Out

You may opt out of Sections 17.3 (Binding Arbitration) and 17.4 (Class-Action Waiver) by emailing josh@cigarista.app with your account email and the words “Arbitration Opt-Out” within thirty (30) days after first accepting these Terms.

17.7 Users Outside the United States

If consumer-protection law in your country of residence requires a different forum, governing law, or dispute-resolution mechanism, that law controls to the extent of any conflict with this Section 17.

We may update these Terms from time to time. If we make material changes, we will provide notice in the Service or by email and update the Effective Date above. Continued use of the Service after the changes take effect constitutes acceptance of the updated Terms. If you do not agree, stop using the Service.

If you obtained the Service from the Apple App Store, the following additional terms apply between you and Cigarista:

If you obtained the Service from the Google Play Store, you acknowledge that your use of the Service is also subject to the Google Play Terms of Service, and that Google has no responsibility for the Service.

21.1 Entire Agreement

These Terms are the entire agreement between you and Cigarista regarding the Service and supersede any prior agreements between you and Cigarista on the same subject matter.

21.2 Severability

If any provision of these Terms is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

21.3 No Waiver

Our failure to enforce any provision is not a waiver of our right to enforce it later.

21.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, financing, or sale of assets.

21.5 Notices

We may give you notices through the Service, by email to the address associated with your account, or by other reasonable means. You may give us notice at josh@cigarista.app.

21.6 Contact

LEGAL CONTACT
Mind Meat Machine, LLC
d/b/a Cigarista
josh@cigarista.app

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