Terms of Service
Using Nivati responsibly across web and mobile
These Terms of Service (“Terms”) govern your access to and use of Nivati’s applications for iOS and Android, websites, and related services (collectively, the “Services”). By accessing or using the Services, you agree to these Terms.
Last updated: October 1, 2024
Scope and platform definitions
“Services” means the Nivati website at nivati.life, our iOS and Android mobile apps, and any related features, content, or integrations we provide.
Additional terms may apply where required by app store policies. In the event of a conflict between these Terms and the Apple App Store or Google Play terms, the app store terms will control for purchases or features made through their platforms.
Eligibility
You must be at least 16 years old to use Nivati. By using the Services, you represent that you meet this requirement and that you have the legal capacity to enter into these Terms. If you are under the age required by your jurisdiction to consent to online services, you may only use the Services with a parent or legal guardian’s consent and supervision.
Your account
- You are responsible for maintaining the confidentiality of your login credentials and for activity on your account.
- You agree to provide accurate, current, and complete information when creating an account or joining the waitlist.
- Notify us promptly of any unauthorized use of your account by emailing contact@nivati.life.
- You must not share your account or sell, transfer, license, or assign it to any other person.
Acceptable use
You agree not to engage in any of the following while using the Services:
- Reproduce, distribute, or publicly display the Services without our permission.
- Use the Services for commercial purposes without entering into a written agreement with us.
- Attempt to access non-public areas of the Services, interfere with system integrity, or probe, scan, or test the vulnerability of any system.
- Upload malicious code, spam, or content that violates applicable laws or regulations.
User content
You may be able to create, input, or upload content such as ritual names, schedules, notes, or other materials (“User Content”). You retain ownership of your User Content. You grant Nivati a non-exclusive, worldwide, royalty-free license to host, store, display, and use your User Content solely to operate and improve the Services.
You are responsible for your User Content and must ensure you have all rights necessary to grant the above license.
Subscriptions and payments
Certain features of the Services may be offered on a paid basis via subscriptions or one-time purchases (“Paid Services”). If you purchase through the Apple App Store or Google Play, billing, renewals, trials, cancellations, and refunds are managed by the respective app store and their terms apply.
- In‑app purchases: For purchases made in the iOS or Android app, your payment method on file with Apple or Google will be charged. Manage or cancel subscriptions in your device account settings.
- Web purchases: If we offer purchases on our website, we will disclose pricing, renewal terms, and cancellation instructions at checkout.
- Free trials: If provided, trials convert to paid subscriptions unless cancelled before the trial ends.
- Taxes and fees: Prices may exclude applicable taxes or fees which will be added where required.
- Refunds: Refund eligibility follows the applicable app store policies for in‑app purchases and our posted policy for web purchases.
Intellectual property
Nivati and its licensors retain all rights, title, and interest in the Services, including trademarks, logos, and code. You may not use these assets without our express written consent.
Third‑party services and links
The Services may integrate with or link to third‑party services (for example, email providers, analytics, or app stores). We are not responsible for third‑party services and your use of them may be subject to separate terms and privacy policies.
Feedback
Sending feedback or suggestions is entirely optional. When you do, you grant us permission to use the feedback without restriction or compensation.
Mobile apps, device permissions, and app store terms
When using our iOS or Android apps, you may be prompted to grant device permissions (such as notifications or storage access) to enable features. You can control or revoke permissions in your device settings. Your use of the mobile apps is also subject to the Apple App Store or Google Play terms and policies.
Termination
We may suspend or terminate your access to the Services at any time if you breach these Terms or if we discontinue the Services. You can delete your account or request deletion by contacting us at contact@nivati.life.
Wellness and safety disclaimer
Nivati offers tools that support mindfulness and habit tracking. We do not provide medical, psychological, or professional advice. Consult a qualified professional before starting any new fitness, mindfulness, or health regimen. If you experience discomfort, stop using the Services and seek appropriate help.
Disclaimers
The Services are provided “as is” and “as available,” without warranties of any kind, express or implied. To the fullest extent permitted by law, Nivati disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non‑infringement. We do not warrant that the Services will be uninterrupted, error‑free, secure, or free of harmful components.
Limitation of liability
To the maximum extent permitted by law, Nivati and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or relating to your use of or inability to use the Services, even if we have been advised of the possibility of such damages.
Indemnification
You agree to defend, indemnify, and hold harmless Nivati and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services or your violation of these Terms.
Governing law
These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any disputes will be resolved exclusively in the state or federal courts located in California, and you consent to personal jurisdiction in those courts.
Export and compliance
You may not use, export, or re‑export the Services except as authorized by applicable law. You represent that you are not located in a country subject to embargo or on any government list of prohibited or restricted parties.
Changes to these Terms
We may update these Terms from time to time. If the changes are significant, we will provide notice within the Services or by email. Continued use after the effective date constitutes acceptance of the revised Terms.
General terms
Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
No waiver: Our failure to enforce any provision is not a waiver of our right to do so later.
Entire agreement: These Terms constitute the entire agreement between you and Nivati regarding the Services and supersede all prior agreements on this subject.
Privacy: Your use of the Services is also governed by our Privacy Policy.
Contact us
For questions about these Terms, email us at contact@nivati.life.