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Terms of Service

Last Updated: January 2025

1. ACCEPTANCE OF TERMS

Welcome to Nuvin. These Terms of Service ("Terms") govern your access to and use of the Nuvin mobile application (the "App") and all related services (collectively, the "Service"). The Service is provided by Nuvin ("we," "us," or "our").

By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

Contact: For questions about these Terms, contact us at nathan.douziech@gmail.com.

2. DESCRIPTION OF SERVICE

Nuvin is a mental wellness mobile application designed for iOS devices. The App provides evidence-based tools and techniques to help manage anxiety and stress, including:

  • Guided breathing exercises (e.g., box breathing)
  • Grounding techniques (e.g., 5-4-3-2-1 sensory method)
  • Physical reset exercises
  • Perspective shift and cognitive reframing tools
  • Quick journaling (notes are NOT saved - see Section 7)
  • Mood tracking and progress visualization
  • Daily affirmations and quotes
  • SOS crisis intervention flow

The Service is a premium, subscription-based offering. Access to the App requires an active subscription (see Section 4).

3. ELIGIBILITY

Age Requirement: You must be at least 13 years of age to use the App. If you are between 13 and 17 years old, you must have permission from a parent or legal guardian to use the App.

Capacity to Accept Terms: By using the App, you represent that you are legally capable of entering into binding contracts and that you meet the age requirements stated above.

Geographic Restrictions: The App is currently available only through the Apple App Store. Availability may vary by region.

4. SUBSCRIPTIONS & PAYMENT

4.1 Subscription Plans

Nuvin offers the following subscription options:

  • Monthly Subscription: $7.99 per month, automatically renewing every 30 days
  • Annual Subscription: $49.99 per year (equivalent to $3.99/month, billed annually), automatically renewing every 365 days
  • Lifetime Access: $99.99 one-time purchase, providing permanent access to all App features

Prices are in U.S. dollars and may vary by region. Prices are subject to change with 30 days' notice.

No Free Trial: Nuvin does not currently offer a free trial. Payment is required upfront to access the App.

4.2 Payment Processing

All payments are processed through Apple's App Store using Apple's in-app purchase system. By subscribing, you agree to Apple's payment terms and conditions.

We do not collect or process your payment information directly. Apple handles all credit card, debit card, and other payment method processing. Your payment information is subject to Apple's Privacy Policy, not ours.

4.3 Auto-Renewal

Monthly and Annual subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the renewal date.

Your Apple account will be charged for renewal within 24 hours prior to the end of the current subscription period.

Lifetime purchases do not renew and provide permanent access.

4.4 Managing Your Subscription

You can view, modify, or cancel your subscription at any time through your Apple App Store account:

  1. Open the Settings app on your iPhone
  2. Tap your name at the top
  3. Tap "Subscriptions"
  4. Select Nuvin
  5. Choose "Cancel Subscription" or modify your plan

Cancellation takes effect at the end of the current billing period. You will retain access to the App until that date.

4.5 Refunds

All sales are final and non-refundable, except as required by law or as determined by Apple.

Refund requests must be submitted directly to Apple through the App Store. We do not have the ability to issue refunds for purchases made through Apple's in-app purchase system.

To request a refund from Apple:

  1. Go to https://reportaproblem.apple.com/
  2. Sign in with your Apple ID
  3. Find your Nuvin purchase and select "Report a Problem"

Apple determines refund eligibility according to their policies. We do not control this process.

4.6 Changes to Pricing

We may change subscription prices at any time. If we increase the price of your current subscription, we will notify you at least 30 days in advance via the App or email (if provided). The new price will take effect at your next renewal date.

If you do not agree to a price change, you may cancel your subscription before the new price takes effect.

5. LICENSE & RESTRICTIONS

5.1 Limited License

Subject to your compliance with these Terms and payment of applicable subscription fees, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your personal iOS device(s) for your personal, non-commercial use.

5.2 Restrictions

You agree that you will NOT:

  • Copy, modify, or create derivative works of the App
  • Reverse engineer, decompile, or disassemble the App
  • Rent, lease, sell, sublicense, or transfer the App to any third party
  • Remove or alter any copyright, trademark, or other proprietary notices from the App
  • Use the App for any illegal or unauthorized purpose
  • Circumvent or attempt to circumvent any security features or subscription validation mechanisms
  • Use automated scripts, bots, or other means to access the App
  • Interfere with or disrupt the App's functionality or servers
  • Attempt to gain unauthorized access to any portion of the App or related systems
  • Use the App in a way that could damage, disable, overburden, or impair the Service

5.3 Ownership

The App and all content, features, and functionality (including but not limited to text, graphics, logos, button icons, images, audio clips, and software) are owned by Nuvin or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

These Terms do not grant you any ownership rights in the App. All rights not expressly granted are reserved by Nuvin.

6. PRIVACY & DATA

Your privacy is important to us. Our collection, use, and sharing of your data is governed by our Privacy Policy, available at Privacy Policy.

Key Privacy Points:

  • Mood tracking data is stored locally on your device in encrypted Keychain storage
  • Journal entries are NOT saved - they are deleted immediately after each session
  • We use Mixpanel for analytics and RevenueCat for subscription management
  • We do NOT sell your data to third parties
  • You can export or delete your data at any time through Settings

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

7. USER DATA & CONTENT

7.1 Data You Create

Mood Logs: When you track your mood, this data is stored locally on your device. You own this data and can export or delete it at any time.

Journal Entries: IMPORTANT: Journal entries are NOT saved. The Quick Journal feature is designed for temporary reflection only. When you write in the journal, your text is displayed on-screen during the 60-second session and is immediately deleted when you complete or exit the session. We do not store, transmit, or have access to your journal content.

Personalization Data: Information you provide during onboarding (name, age range, symptoms, goals) is stored locally on your device and used to personalize your experience.

7.2 No User-Generated Content Platform

Nuvin is NOT a social platform. The App does not include features for:

  • Posting or sharing content publicly
  • Creating user profiles visible to others
  • Commenting or interacting with other users
  • Uploading photos, videos, or other media for sharing

All data you create in the App is for your personal use only and is not shared with other users.

8. MEDICAL DISCLAIMER

IMPORTANT: Nuvin is not a medical device and does not provide medical advice, diagnosis, or treatment.

The App is designed for general wellness and stress management purposes only. It is not intended to replace professional medical advice, psychiatric care, psychotherapy, or mental health treatment.

No Therapeutic Claims: While the techniques in the App are based on evidence-based practices (such as breathing exercises and grounding techniques), we make no claims, representations, or guarantees that the App will provide therapeutic benefits, cure any condition, or improve your mental health outcomes.

Consult Healthcare Professionals: If you are experiencing mental health difficulties, we strongly encourage you to consult with a licensed healthcare provider, therapist, or psychiatrist. The App should not be used as a substitute for professional care.

Emergency Situations: If you are experiencing a mental health crisis, suicidal thoughts, or any emergency, please:

  • Call 911 (U.S.) or your local emergency number immediately
  • Call the 988 Suicide & Crisis Lifeline (U.S.): dial 988
  • Text the Crisis Text Line (U.S.): text HOME to 741741
  • Go to your nearest emergency room

The App is not designed for crisis intervention and should not be relied upon in emergency situations.

Existing Conditions: If you have been diagnosed with a mental health condition (such as panic disorder, generalized anxiety disorder, PTSD, bipolar disorder, etc.), consult your healthcare provider before using the App. Some techniques may not be appropriate for all conditions.

Medications: The App does not provide guidance on medications. Do not start, stop, or change any medications without consulting your doctor.

9. DISCLAIMERS & LIMITATIONS OF LIABILITY

9.1 "As Is" Service

THE APP AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, 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 THAT THE APP WILL BE ERROR-FREE OR UNINTERRUPTED.

We do not warrant that:

  • The App will meet your specific needs or expectations
  • The App will always be available, accessible, uninterrupted, timely, secure, or operate without errors
  • The results or outcomes from using the App will be accurate or reliable
  • The quality of the App will meet your expectations
  • Any errors or defects in the App will be corrected

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUVIN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

9.3 No Liability for User Outcomes

We are not responsible for any physical, psychological, emotional, or other harm that may result from your use of the App. You use the App at your own risk.

10. INDEMNIFICATION

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

  • Your use or misuse of the App
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your violation of any applicable laws or regulations

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

11. MODIFICATIONS TO THE APP & TERMS

11.1 Changes to the App

We reserve the right to modify, suspend, or discontinue the App (or any part or feature thereof) at any time, with or without notice, for any reason.

We may add, remove, or change features, content, or functionality. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

11.2 Changes to These Terms

We may update these Terms from time to time. When we make changes, we will:

  • Update the "Last Updated" date at the top of this document
  • Notify you through the App or via email (if provided)
  • For material changes, provide more prominent notice

Your continued use of the App after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the new Terms, you must stop using the App and cancel your subscription.

12. TERMINATION

12.1 Termination by You

You may stop using the App and cancel your subscription at any time as described in Section 4.4. Upon cancellation, your access will continue until the end of your current billing period.

If you delete the App from your device, your locally stored data (mood logs, preferences) will be permanently deleted and cannot be recovered.

12.2 Termination by Us

We reserve the right to suspend or terminate your access to the App immediately, without prior notice or liability, for any reason, including but not limited to:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Requests by law enforcement or other government agencies
  • Discontinuation or material modification of the Service
  • Unexpected technical issues or security concerns

Upon termination, your right to use the App will immediately cease. Termination does not entitle you to a refund of any subscription fees already paid.

12.3 Effect of Termination

Upon termination of your access:

  • Your license to use the App terminates immediately
  • You must stop using the App and delete it from your device
  • Locally stored data remains on your device until you delete the App
  • Provisions of these Terms that by their nature should survive termination will survive (including Sections 5.3, 8, 9, 10, 14, and 15)

13. THIRD-PARTY LINKS & SERVICES

The App may contain links to third-party websites, services, and resources, including:

  • Crisis support hotlines (988 Suicide & Crisis Lifeline, Crisis Text Line, SAMHSA)
  • Mental health organizations (NAMI, ADAA, Mental Health America)
  • Our legal documents hosted on GitHub Pages
  • Apple App Store (for subscription management)

These third-party links are provided for your convenience only. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we are not responsible or liable for any damage or loss caused by or in connection with your use of any third-party websites or services.

We encourage you to review the terms and privacy policies of any third-party websites or services you visit.

14. DISPUTE RESOLUTION & ARBITRATION

14.1 Informal Resolution

If you have a dispute with us, please contact us first at nathan.douziech@gmail.com and attempt to resolve the dispute informally. We will make good-faith efforts to resolve any disputes amicably.

14.2 Arbitration Agreement

If we cannot resolve a dispute informally within 60 days, any dispute arising out of or relating to these Terms or the App shall be resolved through binding arbitration, rather than in court, except that:

  • You may assert claims in small claims court if your claims qualify
  • Either party may seek equitable relief in court for infringement or misuse of intellectual property rights

The arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator.

Judgment on the arbitration award may be entered in any court having jurisdiction.

14.3 Class Action Waiver

YOU AND NUVIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both you and Nuvin agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

14.4 Time Limit for Claims

You agree that any claim arising out of or related to these Terms or the App must be filed within one (1) year after the claim arose. Otherwise, the claim is permanently barred.

15. GENERAL PROVISIONS

15.1 Governing Law

These Terms and your use of the App are governed by the laws of the United States and the State of Delaware, without regard to conflict of law principles.

15.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nuvin regarding the App and supersede all prior agreements, understandings, and communications, whether written or oral.

15.3 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.

15.4 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

15.5 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign or transfer these Terms and our rights without restriction, including to any successor or acquirer of our business.

15.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

15.7 Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labor disputes, or failures of third-party services (e.g., Apple App Store, internet service providers).

15.8 Export Controls

The App may be subject to U.S. export control laws. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce.

15.9 Apple-Specific Terms

If you downloaded the App from the Apple App Store, you acknowledge and agree that:

  • These Terms are between you and Nuvin, not Apple. Apple is not responsible for the App or its content.
  • Apple has no obligation to provide maintenance or support for the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). Apple has no other warranty obligation with respect to the App.
  • Apple is not responsible for addressing any claims you or any third party have relating to the App.
  • Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and Apple will have the right to enforce these Terms against you.

15.10 Contact Information

For questions, concerns, or notices regarding these Terms, contact us at:

Email: nathan.douziech@gmail.com

By using Nuvin, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.