Terms of Service

1. Acceptance of these terms

These Terms of Service (“Terms”) are an agreement between you and Nirvanta Technologies Inc. (“Nirvanta”, “we”, “us”) and govern your use of the Nirvanta AI mobile app and the website at nirvanta.app (the “Services”).

By creating an account or using the Services, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Services.

2. Eligibility

You must be at least 13 years old to use the Services. If you are under the age of majority where you live, you may use the Services only with the consent and involvement of a parent or legal guardian, who agrees to these Terms on your behalf.

3. Your account

• Provide accurate information and keep it up to date.
• Keep your password secure and do not share your account. You are responsible for activity that happens under your account.
• Tell us promptly at support@nirvanta.app if you believe your account has been accessed without permission.
• You can delete your account at any time in the App. See Delete your account.

4. The Services

Nirvanta AI generates personalized affirmation scripts and audio based on the selections and information you provide, and offers features such as AI voices, background soundscapes, curated packs, reminders and streaks. Some features are available only on paid plans, and each plan includes a limited number of audio sessions.

We may change, add or remove features, and may suspend or discontinue the Services or any part of them. We aim to give reasonable notice of changes that materially reduce the Services you have paid for.

5. Subscriptions and payments

• Nirvanta AI is free to download. Optional subscriptions (currently Elevate and Transform) are purchased in the App through the Apple App Store or Google Play, and are subject to the store’s terms and payment policies.
• Prices, billing periods and included features are shown in the App before you purchase. Payment is charged to your store account.
• Subscriptions renew automatically at the end of each billing period unless you cancel at least 24 hours before renewal in your App Store or Google Play account settings. When you cancel, you keep access until the end of the current billing period.
• Refunds are handled by Apple or Google under their policies. Except where required by law, we do not provide refunds or credits directly.
• Deleting your account does not cancel your subscription. You must cancel it with the store to stop being charged.
• Session allowances are provided per plan. Unused sessions do not roll over, and allowances have no cash value.

6. Acceptable use

You agree not to:

• use the Services in violation of any law or the rights of others;
• submit content that is unlawful, hateful, harassing, sexually explicit involving minors, or that promotes violence or self-harm;
• record or clone the voice of any person other than yourself;
• attempt to access other accounts, probe or disrupt our systems, or bypass session limits, security measures or rate limits;
• copy, scrape, reverse engineer or resell the Services, or use them to build a competing product, except as permitted by law; or
• use automated means to create accounts or generate content.

7. Your content

“Your Content” means the information you submit (such as notes, mood check-ins and voice recordings) and the scripts and audio generated for you. As between you and Nirvanta, you retain your rights in the information you submit.

You grant Nirvanta a worldwide, non-exclusive, royalty-free licence to host, store, process, reproduce and transmit Your Content solely to operate, provide, secure and improve the Services for you, and as described in our Privacy Policy. This licence ends when Your Content is deleted from our systems, except for backup copies that are removed on a rolling basis.

Subject to these Terms, you may use the scripts and audio generated for you for your own personal, non-commercial purposes.

8. Voice cloning

• You may only submit recordings of your own voice.
• By submitting a recording, you confirm it is your voice and consent to it being processed by us and our voice provider to create a voice profile used to voice your sessions.
• You may not use a voice profile to impersonate anyone or to create content for others.
• Your voice profile is deleted when you delete your account.

9. AI-generated content

Scripts and audio are generated automatically using artificial intelligence. They may be inaccurate, incomplete, repetitive or not suited to your situation. Review scripts before generating audio, and use your own judgement. You can regenerate a script or choose not to use it.

We use automated moderation to help keep the Services safe. It may not catch everything and may occasionally prevent content from being generated.

10. Not medical advice

Nirvanta AI is designed for general wellbeing and self-reflection. It is not a medical device and does not provide medical, psychological or therapeutic advice, and it is not a substitute for professional diagnosis or treatment. Results vary, and we make no promise of any particular outcome.

If you are experiencing a mental health crisis or thoughts of self-harm, contact your local emergency services or a crisis line. In the United States, call or text 988. See crisis support resources.

11. Our intellectual property

The Services — including the App, software, design, voices, soundscapes, packs, text, logos and trademarks, but excluding Your Content — are owned by Nirvanta or its licensors and are protected by law. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the App on devices you own or control, for personal, non-commercial use, in line with these Terms and the applicable app store rules. If you send us feedback, we may use it without obligation to you.

12. Third-party services

The Services rely on third-party services, such as Apple and Google for sign-in and purchases. Your use of those services is subject to their own terms and privacy policies, and we are not responsible for them. Links to third-party websites are provided for convenience.

13. Apple and Google

These Terms are between you and Nirvanta only, not Apple or Google. Nirvanta, not Apple or Google, is responsible for the App and its content, maintenance, support, and any claims relating to it (including product liability, legal or regulatory compliance, and intellectual property claims).

If you downloaded the App from the Apple App Store: Apple has no obligation to provide maintenance or support; if the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any), and to the maximum extent permitted by law Apple has no other warranty obligation; you represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country and are not on any U.S. Government list of prohibited or restricted parties; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

14. Disclaimers

To the maximum extent permitted by law, the Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and that the Services will be uninterrupted, error-free or secure.

15. Limitation of liability

To the maximum extent permitted by law, Nirvanta and its affiliates, officers, employees and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, data, goodwill or other intangible losses, arising out of or relating to your use of, or inability to use, the Services.

To the maximum extent permitted by law, our total liability for all claims relating to the Services is limited to the greater of the amount you paid for the Services in the twelve months before the claim arose, or US$100.

Some jurisdictions do not allow certain disclaimers or limitations, so some of the above may not apply to you. Nothing in these Terms limits rights you have under consumer protection laws that cannot be waived.

16. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Nirvanta from claims, losses and expenses (including reasonable legal fees) arising from your misuse of the Services, Your Content, or your breach of these Terms.

17. Suspension and termination

You may stop using the Services and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect users or the Services. Where appropriate, we will try to notify you. Sections that by their nature should survive termination — including Your Content licence limitations, disclaimers, limitation of liability, indemnity and governing law — will survive.

18. Changes to these terms

We may update these Terms from time to time. We will post the updated Terms here and change the effective date above, and give additional notice of material changes, such as in the App. Changes take effect when posted unless stated otherwise. If you continue to use the Services after changes take effect, you accept the updated Terms.

19. Governing law

These Terms are governed by the laws of the State of New York, United States, without regard to its conflict of law principles, except where the law of your country of residence requires otherwise.

20. Contact

Nirvanta Technologies Inc.
42 Broadway, Suite 12-700, New York, NY 10004, United States
Email: support@nirvanta.app