Terms & Conditions

KIVIAX TERMS OF SERVICE

Last Updated: July 21, 2026

1. Introduction & Agreement to Terms

Welcome to KiviaX ("Company", "we", "our", or "us"). These Terms & Conditions ("Terms") govern your access to and use of the KiviaX mobile application (the "App"), our website located at kiviax.com (the "Site"), and all related somatic exercises, soundscapes, features, content, and services (collectively, the "Services").

By downloading, installing, accessing, or using the App or Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not download, install, or use our Services.

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2. Educational & Non-Medical Disclaimer

IMPORTANT HEALTH NOTICE:

  • KiviaX IS NOT A MEDICAL DEVICE OR HEALTHCARE PROVIDER.
  • The Services, including all 60-second physical somatic resets, breathing exercises, vocal pitch resonance tools, soundscapes, and well-being check-ins, are provided strictly for general educational, informational, and self-awareness lifestyle purposes.
  • KiviaX is not intended to diagnose, prevent, monitor, treat, alleviate, or cure any medical or mental health condition, including clinical anxiety, depression, panic disorder, PTSD, or trauma.
  • The Services are not a substitute for professional medical advice, clinical diagnosis, psychotherapy, or medical treatment. Always seek the advice of your physician or qualified mental health provider with any questions regarding a medical or psychological condition.
  • EMERGENCY WARNING: If you are experiencing a medical emergency, severe chest pain, extreme physical distress, or thoughts of self-harm, immediately dial your local emergency services (e.g., 911, 112) or go to the nearest hospital emergency room. Never delay seeking professional medical advice because of something you experienced or read in KiviaX.

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3. Eligibility & User Accounts

  • You must be at least 18 years old (or the legal age of majority in your jurisdiction) to purchase a subscription. If you are under 18, you may only use the Services with the involvement and consent of a parent or legal guardian.
  • KiviaX features a privacy-first architecture that operates locally on your mobile device. You are not required to create a user account with a password to access core exercises.

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4. Intellectual Property Rights

  • Ownership: All content, software, code, designs, graphics, audio recordings, binaural soundscapes, haptic patterns, trademarks, logos (including the KiviaX logo), and trade dress are the exclusive property of KiviaX and its licensors, protected by international copyright, trademark, and intellectual property laws.
  • Limited License: We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and install one copy of the App on a personal mobile device solely for your personal, non-commercial use.
  • Restrictions: You shall not:

1. Copy, modify, adapt, translate, or create derivative works based on the App, Site, or audio soundscapes.

2. Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App.

3. Extract, scrape, or redistribute any audio frequency files, haptic sequences, or somatic exercise guides.

4. Rent, lease, lend, sell, sublicense, or commercially exploit the Services.

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5. In-App Purchases, Subscriptions & Free Trials

  • Free Trial: KiviaX may offer a 7-day free trial providing full, unrestricted access to all Premium exercises, soundscapes, and features. Unless cancelled at least 24 hours prior to the end of the trial period, your trial will automatically convert into a paid annual subscription.
  • Subscriptions:
  • KiviaX offers auto-renewable annual subscriptions ("KiviaX Premium Annual").
  • Subscriptions are processed securely by the Google Play Store (Android) or Apple App Store (iOS) and managed via RevenueCat.
  • Payment will be charged to your Google Play or Apple ID account at confirmation of purchase.
  • Subscriptions automatically renew unless auto-renew is turned off or cancelled at least 24 hours before the end of the current billing period.
  • Cancellations & Refunds:
  • You can manage or cancel your subscription anytime in your device's Store Account Settings (Google Play Account Settings or Apple ID Subscriptions).
  • All billing, cancellations, and refund requests are governed directly by Google Play Store or Apple App Store policies. KiviaX does not collect or process your financial credentials directly and cannot issue direct refunds for store purchases.

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6. Device Access & Hardware Permissions

To deliver haptic breathing and pitch resonance guidance, the App requires specific device permissions:

  • Microphone Access: Required exclusively for on-device, real-time vocal pitch frequency detection during chest resonance exercises. Audio streams are processed locally in RAM and are NEVER recorded, saved, or uploaded to any server.
  • Haptics / Vibration: Required to generate tactile breathing rhythms.
  • Local Storage / Preferences: Required to store your app preferences, streaks, and exercise history locally on your device.

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7. Third-Party Links & Analytics Services

  • The Site and App may contain links to external third-party platforms (such as the Google Play Store and Apple App Store). We do not control or endorse third-party websites or services.
  • We utilize Google Analytics 4 (GA4) (`G-D4BNF7L30F`) and RevenueCat to collect anonymized usage metrics and validate active subscriptions. Use of these services is subject to their respective privacy policies.

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8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KIVIAX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KIVIAX, ITS DIRECTORS, OFFICERS, 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, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP OR SITE.

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10. Modifications to Terms

We reserve the right to modify or replace these Terms at any time. Changes will be posted on the Site and in the App with an updated "Effective Date". Your continued use of the Services following the posting of modifications constitutes acceptance of those changes.