Terms of Service

1. Introduction

Welcome to SmokiesApp.

These Terms of Service (“Terms”) govern your access to and use of the SmokiesApp mobile application, website, Coby AI assistant, business services, and related services (collectively, the “Services”), operated by Smokies App, LLC (“SmokiesApp,” “we,” “our,” or “us”).

By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

Our Privacy Policy explains how we collect and use information. Our Business Terms apply to businesses using our business portal or managing listings. Our Community Guidelines set the standards for content you share through the Services.

2. Definitions

Coby means SmokiesApp’s AI-powered travel assistant.

Business Services means the tools that allow businesses to claim listings, manage listings, publish deals, publish events, and access business dashboards.

Content means text, photos, comments, business information, deals, events, community posts, AI conversations, and other material.

User Content means content you submit.

3. Eligibility

You must be at least 13 years old to create an account or use interactive features.

If you use the Services on behalf of a business, you represent you have authority to bind that business. Business accounts are subject to a higher age requirement and to additional terms, as described in our Business Terms.

4. Accounts

Some features require an account.

You are responsible for your account and keeping your information accurate.

5. Guest Users

Some features are available without creating an account.

Certain information is collected from all users, including guests, as described in our Privacy Policy.

6. Acceptable Use and Community Guidelines

You agree not to violate laws, infringe intellectual property, impersonate others, interfere with the Services, scrape or systematically extract data, misuse location-based features, or publish false or misleading information.

All content you submit through the Services must also comply with our Community Guidelines, which are incorporated into these Terms by reference. The Community Guidelines describe the content and conduct standards that apply to community posts, comments, photos, crowd reports, and other contributions.

We do not tolerate objectionable content or abusive behavior. The Services provide tools to report content and to block other users. We review reports and may remove content, restrict features, or suspend or terminate accounts as described in the Community Guidelines and in Section 21 below.

7. Community Content

You retain ownership of your User Content.

You grant SmokiesApp a non-exclusive, worldwide, royalty-free license to host, store, display, distribute, and format your User Content to operate, improve, and promote the Services.

This license includes using the updates, tips, and reports you share with the community to help Coby surface relevant and timely local information to other users. Community content used this way is subject to moderation and recency limits, and you may choose to post anonymously where the Services offer that option.

Community content may remain in pseudonymized form after account deletion as described in the Privacy Policy.

8. Coby AI Assistant

Coby provides AI-generated responses to assist with travel planning.

Responses may be inaccurate or incomplete and should be independently verified when important.

Coby draws on SmokiesApp content, your own conversations and trip information, and community updates and tips shared by other users, as described in Section 7.

Coby conversations may be retained in pseudonymized form after account deletion to improve, evaluate, troubleshoot, and develop Coby. Third-party AI providers are not permitted to use those conversations to train their general-purpose AI models.

9. Affiliate Links

Some links are affiliate or booking links. SmokiesApp may receive a commission if you complete a purchase or reservation through them at no additional cost to you.

Transactions remain between you and the applicable third party.

10. Location-Based Features

With your permission, SmokiesApp uses your device’s location while you are actively using location-enabled features.

SmokiesApp does not use background location tracking.

The most recent location may be retained to support nearby content, deal redemption, local updates, and Coby. SmokiesApp does not maintain a continuous location history.

11. Intellectual Property

The Services, including their design, layout, software, graphics, logos, trademarks, text, databases, and other content provided by SmokiesApp, are owned by or licensed to Smokies App, LLC and are protected by copyright, trademark, and other intellectual property laws.

Except as expressly permitted by these Terms, you may not copy, modify, distribute, sell, lease, reverse engineer, decompile, create derivative works from, or otherwise exploit any portion of the Services without our prior written permission.

“SmokiesApp,” the SmokiesApp logo, “Coby,” and related branding are trademarks or service marks of Smokies App, LLC. These Terms do not grant you any right to use our trademarks without our prior written consent.

12. Feedback

We welcome feedback, suggestions, ideas, and feature requests.

If you choose to provide feedback, you grant SmokiesApp a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, reproduce, publish, distribute, and incorporate that feedback into our products and services without compensation or obligation to you.

You are under no obligation to provide feedback, and we are under no obligation to implement it.

13. Changes to the Services

SmokiesApp is continuously evolving.

We may add, modify, suspend, remove, or discontinue any feature, functionality, content, business service, or portion of the Services at any time, with or without notice.

This includes features such as:

• Coby
• Live Feed
• Deals
• Events
• Business dashboards
• Notifications
• Maps
• Trip planning
• Premium features
• Any other functionality offered through the Services

We are not liable for any modification, suspension, or discontinuation of the Services.

14. Third-Party Services

The Services may include links to or integrations with third-party websites, businesses, booking platforms, payment processors, maps, weather providers, social media platforms, or other services.

SmokiesApp does not control these third parties and is not responsible for their content, policies, availability, products, or services.

Your interactions with third parties are governed by their own terms and privacy policies.

15. Assumption of Risk

SmokiesApp provides information about hiking, outdoor recreation, wildlife, weather, road conditions, businesses, events, and other travel-related activities for general informational purposes only.

Visiting the Great Smoky Mountains and surrounding areas involves inherent risks that cannot be eliminated. These risks include, but are not limited to:

• Changing weather conditions
• Wildlife encounters
• Slippery, uneven, or unstable terrain
• Falling trees, limbs, or rockfall
• Flash flooding and rapidly changing water conditions
• Road closures, traffic, and vehicle accidents
• Physical exertion, dehydration, heat illness, and cold exposure
• Remote locations with limited or unavailable cellular service
• Delayed emergency response
• Other natural or human-caused hazards

Information available through the Services, including Coby responses, community posts, crowd reports, business listings, trail information, weather information, alerts, maps, and other content, may be incomplete, inaccurate, delayed, or become outdated without notice.

You are solely responsible for evaluating conditions, making your own decisions, and taking appropriate safety precautions. You should always follow posted signs, obey applicable laws, and follow guidance issued by the National Park Service, emergency responders, local authorities, and other official sources.

By using the Services and participating in any outdoor, recreational, or travel-related activity, you voluntarily assume all risks associated with those activities, whether known or unknown.

To the fullest extent permitted by applicable law, Smokies App, LLC is not responsible for any injury, illness, death, property damage, rescue costs, travel disruption, financial loss, or other damages arising from or related to your use of the Services or your participation in activities described, promoted, or discussed through the Services.

16. No Professional Advice

The information provided through the Services is for general informational purposes only.

Nothing in the Services, including information generated by Coby or submitted by users or businesses, constitutes legal, medical, financial, emergency, safety, or professional advice.

You should independently verify information that is important to your safety or travel plans and rely on official sources whenever appropriate.

If you are experiencing an emergency, call 911 or the appropriate emergency services immediately.

17. Business Listings, Deals, and Events

Business listings, deals, and events are provided by the participating businesses. SmokiesApp is a discovery platform and does not own or operate the businesses or events displayed.

Businesses are solely responsible for:

• pricing
• availability
• honoring offers
• business information
• event information
• reservations
• products
• services
• customer service

SmokiesApp does not guarantee:

• availability
• pricing
• deal eligibility
• reservation availability
• event attendance
• business quality
• merchant performance

If a dispute arises regarding a business, purchase, reservation, event, or promotion, it is between you and the applicable business unless otherwise required by law.

18. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE FULLEST EXTENT PERMITTED BY LAW, SMOKIES APP, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, RELIABILITY, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT:

• THE SERVICES WILL ALWAYS BE AVAILABLE;
• THE SERVICES WILL BE ERROR-FREE;
• INFORMATION WILL ALWAYS BE COMPLETE OR ACCURATE;
• DEFECTS WILL BE CORRECTED;
• THE SERVICES WILL ALWAYS OPERATE WITHOUT INTERRUPTION;
• OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

19. Limitation of Liability

To the fullest extent permitted by applicable law, Smokies App, LLC and its affiliates, members, managers, officers, employees, contractors, licensors, and agents will not be liable for any indirect, incidental, consequential, exemplary, special, or punitive damages, including lost profits, lost revenue, lost data, loss of goodwill, or business interruption arising out of or relating to the Services or these Terms.

To the fullest extent permitted by law, our aggregate liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of:

• the amount you paid SmokiesApp for the Services during the twelve (12) months immediately preceding the event giving rise to the claim; or
• one hundred U.S. dollars (US $100).

These limitations apply regardless of the legal theory asserted, even if a remedy fails of its essential purpose.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

20. Indemnification

You agree to defend, indemnify, and hold harmless Smokies App, LLC, its affiliates, members, managers, officers, employees, contractors, licensors, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to:

• your use of the Services;
• your User Content;
• your violation of these Terms;
• your violation of applicable law; or
• your infringement of another person’s rights.

21. Suspension and Termination

You may stop using the Services at any time.

We may suspend, restrict, or terminate access to all or part of the Services if we reasonably believe that you:

• violate these Terms;
• violate our Community Guidelines;
• violate applicable law;
• misuse the Services;
• engage in fraud, abuse, harassment, or deceptive conduct;
• interfere with the operation or security of the Services; or
• create unreasonable risk for SmokiesApp or its users.

Termination does not affect rights or obligations that arose before termination.

22. Governing Law

These Terms and any dispute arising out of or relating to the Services are governed by the laws of the State of Tennessee, without regard to its conflict of laws principles.

23. Venue and Jurisdiction

To the fullest extent permitted by applicable law, any legal action or proceeding arising out of or relating to these Terms or the Services must be brought exclusively in the state or federal courts located in Hamilton County, Tennessee, and each party irrevocably submits to the personal jurisdiction of those courts.

Each party waives any objection based on venue or inconvenient forum.

24. Force Majeure

SmokiesApp is not responsible for any delay or failure to perform resulting from causes beyond our reasonable control, including natural disasters, severe weather, wildfire, flood, pandemic, public health emergencies, labor disputes, acts of government, war, terrorism, civil unrest, power outages, internet or telecommunications failures, cloud provider outages, cyberattacks, or other events beyond our reasonable control.

25. Apple App Store Terms

If you downloaded the SmokiesApp application from Apple’s App Store, the following additional terms apply:

• These Terms are between you and Smokies App, LLC, not Apple Inc.
• Apple has no responsibility for the Services or their content.
• Apple has no obligation to provide maintenance or support for the Services.
• To the maximum extent permitted by law, Apple has no warranty obligations regarding the Services.
• Apple is not responsible for addressing claims relating to the Services, including product liability claims, claims that the Services fail to conform to applicable legal requirements, or claims arising under consumer protection or similar laws.
• Apple is a third-party beneficiary of these Terms and may enforce the provisions that apply to it.

You represent that you are not located in a country subject to a U.S. Government embargo and are not listed on any U.S. Government list of prohibited or restricted parties.

26. Google Play

If you downloaded the SmokiesApp application from Google Play, your use of the Services is also subject to applicable Google Play terms and policies.

Nothing in these Terms limits any rights you may have under applicable Google Play requirements.

27. Electronic Communications

By creating an account or using the Services, you agree to receive electronic communications from SmokiesApp relating to your account and the operation of the Services.

These communications may include:

• account notifications
• authentication codes
• service announcements
• security notices
• transactional emails
• important legal notices

Where required by law, marketing communications will be sent only with your consent, and you may unsubscribe from marketing emails at any time. Transactional and service-related communications may still be sent when necessary to operate your account or the Services.

28. Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent.

SmokiesApp may assign these Terms, in whole or in part, in connection with a merger, acquisition, sale of assets, corporate reorganization, financing, or by operation of law.

29. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

Any invalid or unenforceable provision will be enforced to the maximum extent permitted by applicable law.

30. Waiver

Failure by SmokiesApp to enforce any provision of these Terms is not a waiver of that provision or of any other provision.

Any waiver must be in writing and signed by an authorized representative of Smokies App, LLC.

31. Entire Agreement

These Terms, together with our Privacy Policy, Business Terms (where applicable), Founding Business Program Terms (where applicable), Community Guidelines, Cookie Policy, and Copyright & DMCA Policy, constitute the entire agreement between you and SmokiesApp regarding your use of the Services.

They supersede all prior or contemporaneous agreements, communications, understandings, or proposals relating to the Services.

32. Changes to These Terms

We may update these Terms from time to time as the Services evolve.

If we make material changes, we will update the “Last updated” date at the top of these Terms and, where appropriate, provide additional notice through the Services or by other reasonable means.

By continuing to use the Services after revised Terms become effective, you agree to the updated Terms.

If you do not agree to the updated Terms, you must stop using the Services.

33. Contact Us

Questions about these Terms may be directed to:

Smokies App, LLC

4500 Wilson Avenue
Signal Mountain, TN 37377

Email: legal@smokiesapp.com

For general questions, contact hello@smokiesapp.com. For help with your account or the app, contact support@smokiesapp.com. For privacy requests, see our Privacy Policy.

Copyright notices under the Digital Millennium Copyright Act should be submitted to our Designated Copyright Agent as described in our Copyright & DMCA Policy.

34. Thank You

Thank you for using SmokiesApp.

Our goal is to help visitors and locals discover the best of the Smokies through helpful technology, trustworthy information, and a strong community. We appreciate your trust and your support as we continue to build and improve the Services.