Terms of Service

Last updated: January 12, 2026

1. Agreement to Terms

By accessing, browsing, or using Nivy ("the Service," "our Service," or "Nivy"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms," "Terms of Service," or "Agreement"), our Privacy Policy, and our Cookie Policy, which are incorporated herein by reference.

If you do not agree with any part of these Terms, you must not access or use the Service. These Terms constitute a legally binding agreement between you and Nivy. If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

We reserve the right to modify these Terms at any time. Your continued use of the Service after any such modifications constitutes your acceptance of the updated Terms.

2. Description of Service

Nivy provides a personalized stretch and recovery plan service via a mobile application and related API. Our Service includes, but is not limited to, the following features and functionalities:

User profile and preferences: Collection of demographics, activity level, pain or tightness areas, goals, and equipment preferences
Personalized plan generation: AI-generated recovery plans including warm-up, mobility, strength, and cooldown steps tailored to your profile
Exercise instructions and media: Step-by-step instructions, exercise images, and optional text-to-speech voice guidance
In-app timers: Hold timers and step tracking within the app
Plan history and regeneration: Storage and access to your plans and the ability to generate new plans
Mobile applications: Native apps for iOS and Android (e.g. built with Flutter) and any related web or API access

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of the Service without notice or liability.

3. Eligibility and Account Registration

To use the Service, you must:

Be at least 18 years of age or the age of majority in your jurisdiction
Have the legal capacity to enter into binding contracts
Provide accurate, current, and complete information during registration
Maintain and promptly update your account information to keep it accurate
Maintain the security of your account credentials

3.1 Account Responsibilities

You are solely responsible for:

Maintaining the confidentiality of your account credentials (username, password, API keys)
All activities and actions that occur under your account, whether authorized by you or not
Ensuring the accuracy and completeness of all information you provide
Notifying us immediately of any unauthorized access or use of your account
Ensuring that your use of the Service complies with all applicable laws and regulations
Obtaining all necessary consents and permissions for data you provide to the Service

3.2 Account Security

You agree to use strong, unique passwords and to enable multi-factor authentication when available. You must not share your account credentials with any third party. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

4.1 Prohibited Activities

Use the Service for any illegal purpose or in violation of any local, state, national, or international law or regulation
Violate or infringe upon the rights of others, including intellectual property rights, privacy rights, or publicity rights
Transmit, upload, or distribute any viruses, malware, Trojan horses, worms, or other harmful or malicious code
Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service
Interfere with, disrupt, or damage the Service, servers, or networks connected to the Service
Use the Service to spam, harass, abuse, threaten, or harm others, including sending unsolicited communications
Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Service
Use automated systems (bots, scrapers, etc.) to access the Service without our express written permission
Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
Collect or harvest information about other users without their consent
Use the Service in any manner that could damage, disable, overburden, or impair our servers or networks
Resell, sublicense, or redistribute the Service without our express written permission
Use the Service to compete with us or to build a competing service

4.2 Compliance with Laws

You are responsible for ensuring that your use of the Service complies with all applicable laws, regulations, and industry standards in your jurisdiction, including but not limited to:

Data protection and privacy laws (GDPR, CCPA, etc.)
Telecommunications regulations
Consumer protection laws
Anti-spam laws (CAN-SPAM, CASL, etc.)
Industry-specific regulations applicable to your business

5. Payment Terms and Billing

5.1 Pricing and Fees

The Service is offered on a pay-as-you-go basis, subscription model, or enterprise pricing, as specified in your service plan. All fees are quoted in the currency specified at the time of purchase and are exclusive of applicable taxes, duties, and government charges.

You agree to pay all fees associated with your use of the Service in accordance with the pricing plan you select. Fees are charged in advance for subscription plans or in arrears for usage-based plans, as applicable.

5.2 Payment Methods

You must provide accurate, current, and complete billing information and authorize us to charge your designated payment method for all fees. You are responsible for maintaining valid payment information and notifying us of any changes.

We accept payment through credit cards, debit cards, and other payment methods as specified on our website. All payments are processed by third-party payment processors, and you agree to their terms and conditions.

5.3 Price Changes

We reserve the right to modify our pricing at any time. For existing customers, we will provide at least 30 days' advance notice of any price increases via email or through the Service. Continued use of the Service after the effective date of price changes constitutes acceptance of the new pricing.

If you do not agree to the new pricing, you may cancel your subscription before the effective date of the price change.

5.4 Refunds and Cancellations

Fees are generally non-refundable unless otherwise required by law or as specified in your service agreement. If you cancel your subscription:

You will continue to have access to the Service until the end of your current billing period
No refunds will be provided for the current billing period
You will not be charged for subsequent billing periods
Your account and data will be handled in accordance with our data retention policies

5.5 Failed Payments

If payment fails or is declined, we may suspend or terminate your access to the Service. You remain responsible for all fees incurred prior to suspension or termination. We may charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service, including its original content, features, functionality, software, algorithms, designs, graphics, logos, trademarks, and all other intellectual property, is owned by Nivy and its licensors and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes in accordance with these Terms. This license does not include any right to:

Resell, sublicense, or redistribute the Service
Modify, adapt, or create derivative works based on the Service
Reverse engineer, decompile, or disassemble the Service
Remove or alter any copyright, trademark, or other proprietary notices

6.2 Your Content and Data

You retain all ownership rights in the data, content, and information you provide to the Service ("Your Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to:

Use, store, process, and display Your Content as necessary to provide the Service
Use Your Content in anonymized or aggregated form for service improvement, analytics, and research purposes
Back up and maintain Your Content

You represent and warrant that you have all necessary rights, licenses, and permissions to provide Your Content to us and that Your Content does not violate any third-party rights or applicable laws.

6.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free license to use, modify, and incorporate such feedback into the Service without any obligation to compensate you.

7. Data Protection and Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

7.1 Data Security

We implement industry-standard technical and organizational measures to protect your data. However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security.

7.2 Your Data Protection Obligations

You are responsible for ensuring compliance with all applicable data protection laws, including but not limited to:

General Data Protection Regulation (GDPR) for users in the European Economic Area
California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for California residents
Other data protection laws applicable in your jurisdiction
Industry-specific regulations (HIPAA, PCI-DSS, etc.) if applicable to your business

You must obtain all necessary consents and permissions before providing personal information of third parties (such as your customers) to the Service.

8. Service Availability and Modifications

We strive to provide reliable and continuous access to the Service, but we do not guarantee that the Service will be available 100% of the time. The Service may be temporarily unavailable due to:

Scheduled maintenance and updates
Unscheduled maintenance or emergency repairs
Technical failures or malfunctions
Circumstances beyond our reasonable control (force majeure events)
Third-party service provider issues

8.1 Service Level Agreement

We aim to maintain 99.9% uptime for the Service, excluding scheduled maintenance windows. We will make reasonable efforts to notify you of scheduled maintenance in advance when possible.

8.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We may add, remove, or modify features, change pricing, or impose usage limits. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

9. Warranties and Disclaimers

9.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

9.2 No Warranties

We do not warrant that:

The Service will meet your specific requirements or expectations
The Service will be uninterrupted, timely, secure, or error-free
The results obtained from using the Service will be accurate or reliable
Any errors or defects in the Service will be corrected
The Service is free of viruses or other harmful components

9.3 AI and Machine Learning Disclaimers

Our Service uses artificial intelligence and machine learning technologies. You acknowledge that:

AI systems may make errors or produce unexpected results
AI responses and decisions are not guaranteed to be accurate or appropriate in all circumstances
You are responsible for reviewing and verifying AI-generated content and decisions
We are not liable for any consequences resulting from reliance on AI-generated content or decisions

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NIVY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, use, goodwill, or other intangible losses
Damages resulting from your use or inability to use the Service
Damages resulting from unauthorized access to or alteration of your data
Damages resulting from third-party conduct or content
Damages resulting from any other matter relating to the Service

10.1 Maximum Liability

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or $100, whichever is greater.

10.2 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

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

Your use of or access to the Service
Your violation of these Terms
Your violation of any third-party right, including intellectual property, privacy, or publicity rights
Your violation of any applicable law or regulation
Your Content or any content you submit, post, or transmit through the Service
Any claim that Your Content caused damage to a third party

This indemnification obligation will survive termination of these Terms and your use of the Service.

12. Termination

12.1 Termination by You

You may terminate your account and stop using the Service at any time by canceling your subscription through your account settings or by contacting us at [email protected].

12.2 Termination by Us

We may suspend or terminate your account and access to the Service immediately, without prior notice, if:

You breach any provision of these Terms
You engage in fraudulent, illegal, or harmful activities
You fail to pay fees when due
We are required to do so by law or court order
You violate our Acceptable Use Policy
We determine that your use of the Service poses a risk to us, other users, or third parties

12.3 Effect of Termination

Upon termination:

Your right to access and use the Service will immediately cease
You remain responsible for all fees incurred prior to termination
We may delete or retain your account data in accordance with our Privacy Policy and data retention policies
All provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

13. Third-Party Services and Integrations

The Service may integrate with or provide links to third-party services, websites, or applications. We do not control, endorse, or assume responsibility for any third-party services, their content, or their privacy practices.

Your use of third-party services is subject to their respective terms of service and privacy policies. We are not liable for any loss or damage resulting from your use of third-party services or your interactions with third parties.

If you enable integrations with third-party services, you authorize us to access and use your data from those services as necessary to provide the Service. You are responsible for maintaining the security of your third-party service credentials.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute in good faith within 30 days.

14.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Nivy operates, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

14.3 Jurisdiction

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in the jurisdiction where Nivy operates. You consent to the personal jurisdiction of such courts and waive any objection to venue.

14.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by:

Posting the updated Terms on this page with a new "Last updated" date
Sending an email notification to the email address associated with your account
Displaying a prominent notice on our website or through the Service

Material changes will become effective 30 days after notification, unless otherwise required by law or as specified in the notice. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.

If you do not agree to the modified Terms, you must stop using the Service and may cancel your account.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Nivy regarding the Service and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Nivy.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. Nivy may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets.

16.5 Force Majeure

We are not liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, pandemics, government actions, or failures of third-party service providers.

16.6 Notices

All notices under these Terms must be in writing and will be deemed given when: (a) delivered personally, (b) sent by confirmed email, (c) sent by certified mail, return receipt requested, or (d) posted on our website. Notices to you will be sent to the email address associated with your account.

17. Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us:

Email: [email protected]
Legal Inquiries: [email protected]

We aim to respond to all inquiries within 30 days.