Terms of Use

Last updated: [Update this date when you publish]

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 and roleplays
  • Real-time feedback on pronunciation, fluency, grammar, vocabulary, and confidence
  • Progress tracking, scores, and personalized recommendations
  • Optional assessments, leaderboards, or challenges as we add them

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 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 may offer:

  • Free tiers with limited features
  • Paid subscription plans (e.g., monthly, 3-month, annual) with additional features or higher usage limits

Details about pricing, duration, and features are displayed in the app and in the App Store / Google Play listing.

5.3 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.

5.4 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.

5.5 Free Trials & Promotions

We may offer free trials or promotional pricing 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 the trial ends, your subscription may convert to a paid plan and your store account may be charged.

5.6 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.

5.7 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.

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.

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)

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
  • 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
  • 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 to generate feedback, scores, messages, and other outputs.

AI output may occasionally be inaccurate or incomplete.

AI feedback is for educational purposes only and not professional advice (e.g., legal, medical, financial, or psychological).

You are responsible for how you use AI-generated feedback.

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

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

10. Third-Party Services

Nuva integrates with or relies on third-party services (e.g., app stores, cloud providers, AI model providers, analytics).

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.

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

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

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