1. Agreement to Terms

This End User License Agreement ("EULA" or "Agreement") is a legal contract between you ("User," "You," or "Your") and NuviaMind LLC, a limited liability company organized under the laws of Florida, USA ("NuviaMind," "Company," "We," "Us," or "Our") for the use of the NuviaMind mobile application and web platform ("Software," "Application," "App," or "Service").

By downloading, installing, accessing, or using the NuviaMind application, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this EULA. If you do not agree to these terms, you must not download, install, access, or use the Software.

This Agreement is effective as of the date you first download, install, or use the Software and remains in effect until terminated in accordance with the terms herein.

2. Description of Service

NuviaMind is an AI-powered mental wellness platform that provides:

AI Coaching: Personalized voice and video coaching sessions powered by artificial intelligence
Smart Journaling: AI-assisted journaling with prompts and insights
Health Tracking: Integration with health apps and devices for comprehensive wellness monitoring
Mood & Sleep Tracking: Tools to monitor and analyze emotional and sleep patterns
Meditation & Mindfulness: Guided sessions and wellness content
Progress Analytics: Personalized insights and progress tracking

Important Medical Disclaimer

NuviaMind is NOT a medical device, healthcare service, or substitute for professional medical advice, diagnosis, or treatment. Always consult qualified healthcare providers for medical concerns. In case of emergency, contact 911 or your local emergency services immediately.

3. License Grant

Subject to your compliance with this EULA, NuviaMind grants you a limited, non-exclusive, non-transferable, revocable license to:

Download, install, and use the Software on your personal devices for personal, non-commercial purposes
Access and use the features and services provided within the Software
Create an account and store personal wellness data within the Software
Receive updates, support, and new features as provided by NuviaMind

This license is personal to you and may not be shared, transferred, assigned, or sublicensed to any third party without our prior written consent.

4. License Restrictions

You expressly agree NOT to:

Technical Restrictions

Reverse engineer, decompile, or disassemble the Software
Modify, alter, or create derivative works
Remove or alter copyright, trademark, or proprietary notices
Bypass or circumvent security measures or access controls
Use automated tools to access or interact with the Software

Usage Restrictions

Distribute, sell, lease, rent, or sublicense the Software
Use the Software for commercial purposes without permission
Share your account credentials with others
Use the Software for illegal, harmful, or malicious purposes
Extract or harvest data using automated means

5. User Accounts and Eligibility

Age Requirements

18+ Years: Full access to all features with your own consent
13-17 Years: Parental consent required; some features may be restricted
Under 13: Not permitted to use the Service without explicit parental consent and supervision

Account Responsibilities

You agree to:

Provide accurate, current, and complete information during registration
Maintain and update your account information
Keep your login credentials secure and confidential
Accept responsibility for all activities under your account
Notify us immediately of any unauthorized access or security breaches

6. Subscription Services and Billing

Service Tiers

Free Tier: Basic wellness tracking and limited features
Premium Tier: Full access to AI coaching, unlimited features, and advanced analytics

Billing Terms

Payment Processing: All subscriptions are processed through Apple App Store or Google Play Store
Auto-Renewal: Subscriptions automatically renew unless cancelled before the renewal date
Cancellation: Cancel anytime through your app store account settings
Refunds: Subject to our Refund Policy and app store policies (typically 3-day window)
Price Changes: We may modify subscription prices with 30 days advance notice

7. Privacy and Data Protection

Your privacy and data protection are governed by our Privacy Policy, which is incorporated into this EULA by reference. Key points include:

Data Collection: We collect only data necessary to provide our services
Data Security: All data is encrypted in transit and at rest using industry-standard protocols
Data Sharing: We never sell your personal data to third parties
User Control: You can access, modify, or delete your data at any time
Compliance: We comply with GDPR, CCPA, HIPAA (when applicable), and other privacy regulations

By using the Software, you consent to the collection, use, and processing of your information as described in our Privacy Policy.

8. Prohibited Uses and Conduct

You agree not to use the Software for any of the following prohibited activities:

Illegal Activities

Violating any applicable laws or regulations
Infringing on intellectual property rights
Engaging in fraudulent or deceptive practices
Harassing, threatening, or abusing other users

Technical Misuse

Attempting to hack, disrupt, or compromise the Software
Uploading malicious code, viruses, or harmful content
Overloading or interfering with our servers or networks
Creating fake accounts or impersonating others

9. Intellectual Property Rights

The Software and all related intellectual property rights are and remain the exclusive property of NuviaMind LLC and its licensors, including:

Source Code & Technology: All software code, algorithms, and AI models
Design & Interface: User interface design, user experience elements, and visual assets
Content: Meditation guides, coaching content, and educational materials
Trademarks: NuviaMind name, logos, and brand elements
Documentation: Help files, tutorials, and instructional materials

No title to or ownership of the Software is transferred to you. This EULA grants you only a limited license to use the Software as specified herein.

10. User-Generated Content

Your Content Ownership

You retain ownership of content you create using the Software, including:

Journal entries and personal notes
Voice recordings from coaching sessions
Mood and wellness data entries
Personal goals and preferences

License to NuviaMind

By using the Software, you grant NuviaMind a limited, non-exclusive license to:

Process your content to provide AI coaching and personalized insights
Store and backup your content for service delivery and data recovery
Use anonymized, aggregated data for service improvement and research
Display your content back to you within the Software interface

Content Standards

You are responsible for ensuring that your content does not violate any laws, infringe on third-party rights, or contain harmful, illegal, or inappropriate material.

11. AI Services and Limitations

AI Technology Disclaimer

Our AI coaching and recommendation systems are powered by artificial intelligence technology. You acknowledge and agree that:

AI Limitations: AI responses may not always be accurate, complete, or appropriate for your specific situation
No Medical Advice: AI coaching is for wellness support only and does not constitute medical or therapeutic advice
Human Judgment Required: Always use your own judgment and consult professionals for important decisions
Continuous Learning: AI systems improve over time but may make errors or provide suboptimal responses
No Crisis Support: AI cannot detect or respond to mental health crises or emergencies

12. Educational Institution and Workplace Use

School Partnerships

When used through educational institutions:

FERPA Compliance: We comply with the Family Educational Rights and Privacy Act
Parental Rights: Parents may access their minor child's educational records
Data Sharing: Schools may access aggregated, anonymized wellness data for program evaluation
Student Choice: Students may opt for individual accounts to keep data private from institutions

Workplace Programs

When provided through employers:

Employee Privacy: Individual wellness data remains private unless explicitly shared
Aggregate Reporting: Employers may receive anonymized wellness trends and program metrics
Voluntary Participation: Use of workplace wellness programs is typically voluntary

13. Third-Party Integrations

NuviaMind may integrate with third-party services and platforms:

Health Apps: Apple Health, Google Fit, and other wellness platforms
Wearable Devices: Fitness trackers, smartwatches, and health monitoring devices
Calendar Services: For scheduling wellness activities and reminders
Payment Processors: Apple App Store and Google Play Store for subscription billing

These integrations are optional and subject to the third-party's own terms of service and privacy policies. We are not responsible for the practices, availability, or security of third-party services.

14. Software Updates and Modifications

NuviaMind may provide updates, patches, or new versions of the Software:

Automatic Updates: Some updates may be automatically downloaded and installed
Required Updates: Certain updates may be necessary for continued use of the Software
Feature Changes: We may modify, add, or discontinue features with reasonable notice
Terms Application: Updates are subject to this EULA unless accompanied by new license terms

You consent to receive automatic updates and acknowledge that some features may require the latest version of the Software.

15. Disclaimers and Warranties

Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NuviaMind disclaims all warranties, including but not limited to:

Merchantability and fitness for a particular purpose
Non-infringement of third-party rights
Uninterrupted, timely, secure, or error-free operation
Accuracy, reliability, or completeness of content or results
Compatibility with your devices or other software

16. Limitation of Liability

Liability Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUVIAMIND SHALL NOT BE LIABLE FOR:

Indirect Damages: Consequential, incidental, special, or punitive damages
Data Loss: Loss of data, profits, revenue, or business opportunities
Service Interruptions: Downtime, outages, or technical issues
Third-Party Actions: Actions or failures of third-party service providers
User Decisions: Decisions made based on Software recommendations or AI coaching
Health Outcomes: Any health-related outcomes or consequences

Our total liability shall not exceed the amount paid by you for the Software in the 12 months preceding the claim, or $100, whichever is greater.

17. Indemnification

You agree to indemnify, defend, and hold harmless NuviaMind LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

Your use or misuse of the Software
Your violation of this EULA or applicable laws
Your content or data submitted through the Software
Your infringement of any third-party rights
Any false or misleading information you provide

18. Termination

Termination by You

You may terminate this Agreement at any time by:

Uninstalling the Software from all your devices
Canceling your subscription through your app store
Deleting your account through the Software settings
Ceasing all use of the Software and related services

Termination by NuviaMind

We may terminate or suspend your access immediately, without prior notice, for:

Violation of this EULA or our policies
Illegal, harmful, or abusive use of the Software
Non-payment of subscription fees
Extended periods of inactivity
At our sole discretion with reasonable notice

Effect of Termination

Upon termination, your right to use the Software ceases immediately. You must delete all copies of the Software from your devices. Provisions regarding intellectual property, disclaimers, limitation of liability, and dispute resolution shall survive termination.

19. App Store Compliance

Apple App Store

If you download the Software from the Apple App Store:

This EULA is between you and NuviaMind, not Apple
Apple is not responsible for the Software or any claims related to it
Apple's terms and conditions also apply to your use
Billing and refunds are handled through Apple's systems

Google Play Store

If you download the Software from Google Play:

This EULA is between you and NuviaMind, not Google
Google's terms of service also apply
Billing disputes should be directed to Google Play support
Google is not liable for any issues with the Software

20. International Use and Export Control

The Software may be subject to export control laws and regulations:

Export Compliance: You agree to comply with all applicable export and import laws
Prohibited Destinations: You will not export or re-export the Software to prohibited countries or entities
Sanctions Compliance: You represent that you are not located in a sanctioned country or on a restricted party list
International Data Transfers: Your data may be processed in the United States or other countries where we operate

21. Dispute Resolution and Governing Law

Governing Law

This EULA shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Dispute Resolution

For U.S. Users: Any disputes arising under this EULA shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except that you may bring claims in small claims court if they qualify.

Class Action Waiver: You waive any right to participate in class action lawsuits or class-wide arbitration.

International Users: Disputes will be resolved in the courts of Miami-Dade County, Florida, or through arbitration as permitted by local law.

22. Accessibility and Accommodation

NuviaMind is committed to accessibility and strives to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and applicable accessibility laws, including the Americans with Disabilities Act (ADA).

If you need accommodations or encounter accessibility barriers, please contact us at accessibility@nuviamind.com.

23. Force Majeure

NuviaMind shall not be liable for any failure or delay in performance under this EULA due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or internet service provider failures.

24. Severability and Waiver

Severability: If any provision of this EULA is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be replaced with an enforceable provision that most closely reflects the original intent.

Waiver: No waiver of any term or condition of this EULA shall be deemed a further or continuing waiver of such term or any other term.

25. Entire Agreement and Modifications

This EULA, together with our Privacy Policy, Terms & Conditions, and any additional terms referenced herein, constitutes the entire agreement between you and NuviaMind regarding the Software and supersedes all prior agreements, understandings, and communications.

Changes to This EULA

We may update this EULA from time to time. When we make material changes:

We will notify you through the Software, email, or our website
The updated EULA will be posted with a new "Last Updated" date
Continued use of the Software constitutes acceptance of the new terms
You may terminate this Agreement if you disagree with the changes

26. Survival

The following sections shall survive termination of this Agreement: Intellectual Property Rights, User-Generated Content (license grants), Disclaimers and Warranties, Limitation of Liability, Indemnification, Dispute Resolution and Governing Law, and any other provisions that by their nature should survive.

27. Feedback and Suggestions

Any feedback, suggestions, ideas, or other information you provide to NuviaMind regarding the Software ("Feedback") will be considered non-confidential and non-proprietary. You grant NuviaMind a royalty-free, perpetual, irrevocable, transferable license to use, modify, and incorporate such Feedback without any obligation to you.

28. Business Transfers

In the event that NuviaMind is acquired, merged, or undergoes a business transfer, your user account and data may be transferred to the acquiring entity. You will be notified of any such transfer, and the same privacy and security protections will continue to apply.

29. Regional Compliance

European Union (GDPR)

• Right to data portability and erasure
• Lawful basis for processing personal data
• Data Protection Officer contact available
• Right to lodge complaints with supervisory authorities

California (CCPA/CPRA)

• Right to know what personal information is collected
• Right to delete personal information
• Right to opt-out of data "sale" (we don't sell data)
• Right to non-discrimination for privacy choices

30. Contact Information

If you have any questions about this EULA or need to contact us regarding legal matters:

Legal Inquiries

Email: legal@nuviamind.com
Subject Line: EULA Inquiry
Response Time: Within 5 business days

Legal Agreement Acknowledgment

This End User License Agreement is a legally binding contract. By using NuviaMind, you confirm that you are legally able to enter into this agreement and that you accept all terms and conditions outlined above.

Terms of Use (EULA)

License Grant

Restrictions

Your Rights