1. Acceptance of Terms
These Terms of Use ("Terms") govern your access to and use of the Nuva mobile application, website, and related services (collectively, the "Service") provided by Nexus Kairos LLC ("Nuva", "we", "us", or "our").
By creating an account, downloading the app, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.
2. Eligibility
You must be at least 13 years old to use Nuva.
If you are under the age of majority in your jurisdiction, you must have a parent or legal guardian review and accept these Terms on your behalf.
By using Nuva, you represent that you meet these requirements and that you are legally able to enter into this agreement.
3. Description of the Service
Nuva is an AI-powered English learning app that provides:
- Voice-based conversation practice with an AI tutor
- Role-play scenarios for contextual practice
- Real-time feedback on pronunciation, fluency, grammar, vocabulary, confidence, and expression
- TOEFL Speaking exam preparation with authentic 4-task format
- IELTS Speaking exam preparation with authentic 3-part format
- Vocabulary learning with spaced repetition system and CEFR-leveled content
- Vocabulary quizzes and assessments
- Progress tracking, detailed scores, and personalized recommendations
- CEFR level assessment and tracking (A1-C2)
- Session history and conversation review
Important: TOEFL and IELTS exam practice scores are for educational purposes only and are not official exam scores. Nuva's practice assessments are designed to help you prepare for these exams but do not guarantee actual exam performance.
Trademark Notice: TOEFL is a registered trademark of Educational Testing Service (ETS). IELTS is a registered trademark of the British Council, IDP Education, and Cambridge Assessment English. Nuva is not affiliated with, endorsed by, or connected to ETS, the British Council, IDP Education, or Cambridge Assessment English. Nuva's use of these trademarks is solely for the purpose of describing exam preparation services.
We may update or change features over time (adding, modifying, or removing features). We do not guarantee that any particular feature will always be available.
4. Account Registration & Security
To use many parts of Nuva, you must create an account. You can sign up using:
- Google Sign-In
- Apple Sign-In (iOS)
- Email magic link (passwordless authentication)
Nuva also allows you to start using the app and complete onboarding assessments before creating an account using anonymous authentication. When you do this, your data is preserved and automatically linked to your account when you later sign up.
You agree to:
- Provide accurate and complete information
- Keep your login credentials confidential
- Notify us promptly at founder@nexuskairos.com if you suspect unauthorized access
- Be responsible for all activity that occurs under your account
We reserve the right to suspend or terminate accounts that:
- Provide false information
- Are compromised
- Are used in violation of these Terms or applicable law
5. Subscriptions, Payments & Refunds
5.1 B2C Consumer Subscriptions Only
Nuva currently offers direct-to-consumer (B2C) subscriptions for individual users. We do not currently provide separate enterprise or institutional contracts through these Terms.
5.2 Subscription Plans
Nuva offers:
- Free tier with limited features and access to conversation review
- Paid subscription plans (e.g., monthly, 3-month, annual) with unlimited access to premium features
Details about pricing, duration, and features are displayed in the app and in the App Store / Google Play listing.
5.3 Premium Features
The following features require a premium subscription:
- Voice chat practice sessions
- TOEFL Speaking exam practice
- IELTS Speaking exam practice
- Vocabulary swipe review sessions
- Quiz sessions
Conversation review (viewing past sessions) is available to all users, including free tier users.
5.4 Billing Through App Stores
All in-app purchases and subscriptions on iOS and Android are processed by:
- Apple App Store (billed to your Apple ID), or
- Google Play Store (billed to your Google account)
We do not directly process or store full payment card details. Your purchase is governed by the respective store's terms and policies.
Subscription status is managed through RevenueCat, which integrates with Apple and Google's subscription systems.
5.5 Auto-Renewal
Subscriptions automatically renew at the end of each billing period unless canceled at least 24 hours before the end of the current period.
Your Apple ID or Google Play account may be charged for renewal within the timeframe specified by the store (typically within 24 hours before the current period ends).
The renewal price will be the same as your current subscription price unless we inform you of a change.
You can manage or cancel your subscription in your Apple ID or Google Play account settings. Deleting the app or your Nuva account does not cancel your subscription.
5.6 Free Trials & One-Time Feature Trials
Nuva offers a one-time free trial for each premium feature. This means:
- You can try each premium feature (voice chat, TOEFL practice, IELTS practice, vocabulary swipe, quizzes) once for free
- Once you have used your free trial for a specific feature, you must subscribe to continue using that feature
- Free trials are per feature, not per subscription period
- Free trials cannot be reset or reused
We may also offer promotional subscription free trials from time to time. The specific terms (length, included features, conversion to a paid plan) will be displayed in the app or in the store listing.
If you do not cancel before a promotional subscription trial ends, your subscription may convert to a paid plan and your store account may be charged.
5.7 Price Changes
We may change the prices of subscription plans in the future. If we do:
- We will comply with Apple and Google store policies for price changes.
- Where required, we will notify you in advance (for example, via the app or email).
- Price changes usually apply at the next billing cycle, not retroactively.
5.8 Refunds
Refunds for purchases made through the Apple App Store or Google Play Store are generally handled by those stores according to their refund policies.
You may request a refund directly from Apple or Google under their rules. Apple and Google typically allow refunds within a limited time period after purchase (e.g., within 48 hours or as specified in their policies).
Nuva does not usually issue direct refunds for purchases made through app stores.
However, in rare cases or when required by law, we may provide refunds or adjustments at our sole discretion. Nothing in these Terms limits any statutory refund or cancellation rights you may have under consumer protection laws, including:
- Your right to cancel within 14 days of purchase (where applicable under EU consumer protection laws)
- Your right to a refund if the Service is not as described or is defective
6. Acceptable Use & User Responsibilities
You agree not to:
- Use the Service for any illegal or unauthorized purpose
- Violate any applicable laws or regulations, including recording or privacy laws
- Attempt to access or tamper with systems or data you do not have permission to access
- Interfere with or disrupt the Service, servers, or networks
- Use bots, scripts, or automated methods to access or use Nuva, unless explicitly allowed
- Harass, abuse, or harm other users or our team
- Reverse engineer, decompile, or attempt to extract source code (except where permitted by applicable law)
- Use Nuva in a way that infringes third-party rights (e.g., intellectual property, privacy)
- Share your account credentials with others or allow others to use your account
- Attempt to bypass subscription restrictions or feature limitations
We may suspend or terminate your account if we reasonably believe you have violated these obligations.
7. User Content & Voice Recordings
7.1 Ownership of Your Content
"User Content" includes your:
- Voice recordings and audio
- Transcripts of your speech
- Messages, text inputs, and other content you submit
- Assessment responses and exam practice recordings
- Any other data or materials you provide during your use of Nuva
You retain ownership of your User Content.
7.2 License to Nuva
By using Nuva, you grant Nuva a worldwide, non-exclusive, royalty-free license to:
- Use, reproduce, process, and store your User Content in order to operate, maintain, and improve the Service
- Provide you with feedback, scores, transcripts, and analytics
- Extract voice memory facts from your conversations to personalize future interactions
- Create aggregated or anonymized data (e.g., statistics across users) for research, analytics, and product improvement
We do not sell your User Content and we do not use your raw audio or personal transcripts for third-party advertising.
7.3 AI-Generated Content
Nuva uses AI technologies (including OpenAI GPT-4o) to generate feedback, scores, messages, conversation responses, and other outputs.
AI output may occasionally be inaccurate or incomplete. AI feedback, scores, and recommendations are for educational purposes only and are not professional advice (e.g., legal, medical, financial, or psychological).
Exam Practice Disclaimer: TOEFL and IELTS practice scores, feedback, and assessments generated by Nuva are for educational and practice purposes only. They are not official exam scores and do not guarantee actual performance on official TOEFL or IELTS exams. Nuva is not affiliated with, endorsed by, or connected to Educational Testing Service (ETS) or the British Council, IDP Education, or Cambridge Assessment English.
Trademark Notice: TOEFL is a registered trademark of Educational Testing Service (ETS). IELTS is a registered trademark of the British Council, IDP Education, and Cambridge Assessment English. Nuva's use of these trademarks is solely for the purpose of describing exam preparation services and does not imply any affiliation, endorsement, or sponsorship.
You are responsible for how you use AI-generated feedback and for verifying any important information independently.
8. Recording Third Parties & Consent
Nuva may capture audio of anyone speaking near your device, not just you.
You are responsible for using Nuva in compliance with laws that apply to recording conversations, which may require the consent of all participants.
By using Nuva, you confirm that you have obtained all necessary permissions from anyone whose voice or personal data may be recorded or processed while you use the Service.
Nuva disclaims responsibility for how you choose to record or share sessions outside the app.
9. Intellectual Property
Except for User Content, all rights in the Service are owned by Nuva or its licensors, including:
- Software, code, and infrastructure
- Logos, trademarks, and brand elements
- Text, graphics, UI designs, and other content
- Vocabulary content, exam questions, and learning materials
You are granted a limited, non-exclusive, non-transferable, revocable license to use Nuva for your personal, non-commercial use, subject to these Terms.
You may not:
- Copy, reproduce, distribute, or create derivative works based on the Service
- Remove or alter any copyright, trademark, or proprietary notices
- Use the Nuva name, logo, or branding without our prior written consent
- Scrape, extract, or download vocabulary content, exam questions, or other learning materials for use outside the app
10. Third-Party Services
Nuva integrates with or relies on third-party services, including:
- App stores (Apple App Store, Google Play Store) for distribution and payments
- Cloud infrastructure (Google Cloud, Firebase) for data storage and processing
- AI and voice services (OpenAI, Deepgram, Lemonfox) for conversation and transcription
- Subscription management (RevenueCat) for subscription handling
- Real-time infrastructure (Cloudflare Workers) for voice gateway services
- Analytics and crash reporting (Firebase Crashlytics)
Those services are subject to their own terms and privacy policies.
We are not responsible for third-party services that we do not control.
Your interactions with such third parties are solely between you and them.
11. Service Changes & Termination
11.1 Changes to the Service
We may modify, suspend, or discontinue all or part of the Service at any time, for any reason, including to:
- Improve performance or security
- Add or remove features
- Comply with legal or business requirements
Where feasible, we will provide reasonable notice (for example, via the app or email) if changes significantly affect your use of Nuva.
11.2 Your Right to Terminate
You may stop using Nuva at any time and may delete your account through the app (if available) or by contacting us at founder@nexuskairos.com.
When you delete your account, we will delete or anonymize your personal data in accordance with our Privacy Policy, typically within 30-90 days, except where we must keep certain data longer for legal or business reasons.
Important: Deleting your account does not automatically cancel your subscription with Apple or Google; you must manage your subscription in the relevant store settings.
11.3 Our Right to Terminate
We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe that:
- You have violated these Terms or our policies
- Your use creates risk, security issues, or legal exposure for us or others
- We are required to do so by law or regulatory request
Upon termination:
- Your right to use Nuva immediately ends
- We may delete or anonymize your data in accordance with our Privacy Policy and legal obligations
- You will not be entitled to any refund for unused subscription time, except as required by law
12. Disclaimers
The Service is provided on an "AS IS" and "AS AVAILABLE" basis.
To the maximum extent permitted by law, Nuva disclaims all warranties, express or implied, including:
- Warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties that the Service will be uninterrupted, error-free, or secure
- Warranties regarding the accuracy or reliability of AI-generated content, scores, or feedback
- Warranties that practice scores will reflect actual exam performance
Your use of the Service is at your own risk.
13. Limitation of Liability
To the maximum extent permitted by law:
- Nuva will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption, arising out of or related to your use of the Service.
- In no event shall Nuva's total aggregate liability arising out of or relating to the Service or these Terms exceed the amount you paid to Nuva (directly or via app stores) for access to the Service in the 12 months immediately preceding the event giving rise to the claim.
Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.
14. Indemnity
To the extent permitted by law, you agree to indemnify and hold harmless Nuva, its affiliates, and their officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable lawyers' fees) arising out of or related to:
- Your violation of these Terms
- Your use or misuse of the Service
- Your infringement of any third-party rights (including privacy or intellectual property)
- Your recording of others without necessary consent
We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.
15. Governing Law, Dispute Resolution & Class Action Waiver
15.1 Governing Law
These Terms and your use of the Service are governed by the laws of Mongolia, without regard to its conflict of laws principles.
15.2 Informal Resolution
Before bringing any formal legal claim, you agree to first contact us at founder@nexuskairos.com and attempt to resolve the dispute informally. Most issues can be resolved quickly this way.
15.3 Arbitration
If a dispute is not resolved informally within a reasonable time (for example, 30 days), you and Nuva agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration, except that:
- You may assert claims in small claims court if your claims qualify; and
- Some users may have non-waivable rights under local laws that permit them to bring claims in local courts.
Arbitration will:
- Be conducted in English
- Be administered by a reputable arbitration provider
- Use a single arbitrator, unless otherwise required by law
- Permit remote or virtual hearings where appropriate
The arbitrator's decision will be final and binding and may be entered as a judgment in any court with jurisdiction.
15.4 Class Action Waiver
To the fullest extent permitted by law:
- All disputes must be brought on an individual basis, not as a plaintiff or class member in any purported class, collective, or representative action.
- You and Nuva waive any right to participate in a class, collective, or representative proceeding.
If this class action waiver is found unenforceable in a particular case, then the arbitration agreement may not apply to that case, and the dispute must be brought in a court of competent jurisdiction.
16. Changes to These Terms
We may update these Terms from time to time.
If we make material changes, we will update the "Last updated" date and provide notice (for example, via the app or email).
Your continued use of Nuva after the changes become effective means you accept the updated Terms.
If you do not agree to the new Terms, you must stop using the Service and may delete your account.
17. Contact
If you have questions about these Terms or the Service, please contact:
Nexus Kairos LLC
Email: founder@nexuskairos.com
Website: https://nuva-ai.app