Terms and Conditions

Last Updated: 8/6/2024

Welcome to Nudge! These Terms and Conditions ("Terms") govern your use of our application ("App") and services ("Services"). The App is owned and operated by Nirvaan, LLC, a Delaware registered company ("Company"). By accessing or using the App, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the App.

1. Acceptance of Terms

By creating an account or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Eligibility

You must be at least 13 years old to use our App. By using the App, you represent and warrant that you meet the eligibility requirements and are fully able and competent to enter into and comply with these Terms.

3. Account Registration

• To use certain features of the App, you may be required to create an account.
• You agree to provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current, and complete.
• You are responsible for safeguarding your account information and for all activities that occur under your account.

4. Use of the App

• You agree to use the App only for lawful purposes and in accordance with these Terms.
• You agree not to use the App in any way that could harm, overburden, or impair the App, or interfere with any other party's use and enjoyment of the App.

5. Subscription Services

• Nudge offers a subscription service with options to bill monthly, quarterly, or annually.
• Any cancellation before the subscription period ends will not result in a refund. The user will be able to use the app for the remaining period, and there will not be a renewal.

6. Features and Services

• The App provides suggestions on how to perform daily activities in a mindful way using your five senses (smell, taste, sound, touch, and sight)
• The App includes a feature that will remind users to remain focused on the task.
• The App provides insights into daily activities and levels of focus based on usage.
• The App can send prompts to a phone and connected wearable devices to receive user input.

7. Intellectual Property

• All content, features, and functionality of the App, including but not limited to text, graphics, logos, and software, are the exclusive property of Nirvaan, LLC, and are protected by copyright, trademark, and other laws.
• You agree not to reproduce, distribute, or create derivative works based on any content from the App without our express written permission.

8. User Content

• You may submit or upload content as part of using the App. You retain ownership of your content, but by submitting or uploading it, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and display your content in connection with the App.
• You are solely responsible for the content you submit and agree not to submit content that is unlawful, harmful, or otherwise objectionable.

9. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information.

10. Data Collection and Use

• We collect demographic data and save information related to sessions, such as task duration, responses to nudges, and task information.
• We may collect vital information through wearable devices, such as pulse rate and heart rate.
• We will use this information to provide better insights to the user and for our internal research and development purposes.
• We may partner with third-party companies and share this information, but no confidential information will ever be shared.

11. Data Collection and Use

• The App does not provide any meditation techniques or claim to teach specific meditation steps.
• The App is not affiliated with any other organization that teaches or promotes mindful living.
• The App is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the App's availability, reliability, or accuracy.
• We do not warrant that the App will meet your requirements or be uninterrupted, timely, secure, or error-free.

12. Limitation of Liability

In no event shall Nirvaan, LLC, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the App.

13. Dispute Resolution

Any dispute arising out of or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, and the judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law principles.

15. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice through the App. Your continued use of the App after any such changes constitutes your acceptance of the new Terms.

16. Contact Us

If you have any questions or concerns about these Terms, please contact us at admin@asimplenudge.com.