Terms of Service

1. Agreement to Terms

By downloading, installing, or using NexFlow (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and NexFlow Inc. ("Company", "we", "us", or "our"), a Delaware corporation.

2. NOT MEDICAL ADVICE

The App is intended for informational and educational purposes only. All content, including AI-generated insights, experiment suggestions, and health tracking features, is for general wellness information and should not be considered medical advice.

ALWAYS CONSULT A QUALIFIED HEALTHCARE PROVIDER before making any changes to your diet, exercise, sleep, supplements, or other lifestyle factors. Do not disregard professional medical advice or delay seeking treatment because of information provided by this App.

If you experience a medical emergency, call 911 or your local emergency services immediately.

3. Assumption of Risk

You acknowledge and agree that:

• Any lifestyle changes, experiments, or health modifications you undertake based on App content are done entirely at your own risk
• Health outcomes vary significantly between individuals, and results shown in the App may not be applicable to your situation
• AI-generated insights are based on general patterns and may not account for your unique health circumstances, medications, or conditions
• You are solely responsible for evaluating the appropriateness of any health-related decisions
• The Company is not responsible for any adverse health outcomes resulting from your use of the App

4. Eligibility

By using the App, you represent and warrant that you have the legal capacity to enter into this agreement.

5. Description of Service

NexFlow is a health experimentation platform that connects with wearable devices and health services (including Apple Health, Dexcom, and others) to help you track the impact of lifestyle changes on your health metrics. The service provides information only and is not intended to replace professional medical care.

6. Account Registration

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Providing accurate and complete information
• Notifying us immediately of any unauthorized use

7. Subscriptions & Payments

Pricing

• Free: Limited features with usage caps
• Pro Monthly ($12.99/month): Full access to all features
• Pro Annual ($49.99/year): Full access at a discounted rate

Payment Terms

• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period
• Payment is processed through Apple's App Store and governed by Apple's terms of service
• Prices may change with reasonable notice; changes apply to the next billing cycle
• You can manage or cancel your subscription in your Apple ID Account Settings

Free Trials

If offered, free trials automatically convert to paid subscriptions unless cancelled before the trial ends.

8. Refund Policy

All subscriptions are purchased through the App Store. Refunds are handled according to Apple's refund policy. To request a refund, contact Apple Support directly.

We are not obligated to provide refunds for:

• Partial subscription periods
• Dissatisfaction with AI-generated insights or experiment results
• Failure to cancel before renewal
• Unused portions of your subscription

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL NEXFLOW INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR:

• Loss of profits, goodwill, use, or data
• Health outcomes, injury, or illness
• Cost of substitute services
• Any other intangible losses

ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE APP.

OUR TOTAL LIABILITY to you for all claims arising from or relating to the App shall not exceed the greater of: (a) the amount you paid us in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

This limitation applies to all claims, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" 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
• ACCURACY OR COMPLETENESS OF CONTENT

We do not warrant that:

• The App will be uninterrupted, secure, or error-free
• Results obtained from the App will be accurate or reliable
• Any errors in the App will be corrected
• The App will meet your specific requirements or expectations
• Health improvements will result from using the App

11. Indemnification

You agree to defend, indemnify, and hold harmless NexFlow Inc. and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Any health decisions or lifestyle changes you make based on App content
• Your violation of any applicable laws or regulations
• Any content you submit or transmit through the App

12. User Conduct

You agree not to:

• Use the App for any unlawful purpose
• Attempt to reverse engineer, decompile, or disassemble the App
• Circumvent usage limits or subscription restrictions
• Share account credentials or subscription access with others
• Use the App to generate harmful, abusive, or inappropriate content
• Misrepresent your identity or health information
• Interfere with or disrupt the App or servers
• Collect or harvest user data without authorization
• Use automated systems to access the App without permission

13. Intellectual Property

The App, including its design, features, content, code, and underlying technology, is owned by NexFlow Inc. and protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes only.

You may not:

• Copy, modify, or distribute the App
• Create derivative works based on the App
• Use our trademarks without permission
• Remove any copyright or proprietary notices

You retain ownership of your personal data and user-generated content, but grant us a worldwide, royalty-free license to use this data to provide and improve our services.

14. Third-Party Services

The App integrates with third-party services including Apple Health, OpenAI, Dexcom, and others. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party services.

15. Termination

We reserve the right to suspend or terminate your access to the App at any time, with or without cause, with or without notice. Reasons for termination may include:

• Violation of these Terms
• Fraudulent or illegal activity
• Extended periods of inactivity
• Request by law enforcement

Upon termination:

• Your right to use the App ceases immediately
• We may delete your data (subject to our Privacy Policy)
• Provisions that should survive termination will remain in effect

You may terminate your account at any time by deleting your data through the App settings (Profile > Delete Account & Data).

16. Dispute Resolution & Arbitration

Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the App shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules.

Class Action Waiver

YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any class or representative proceeding.

Location

Arbitration shall take place in Delaware, USA, or another mutually agreed location. The arbitrator's decision shall be final and binding.

Exceptions

You may bring claims in small claims court if your claims qualify.

Opt-Out

You may opt out of this arbitration agreement by sending written notice to arjundixit@nexflowinc.com within 30 days of first using the App.

17. Governing Law

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

18. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NexFlow Inc. regarding the App and supersede all prior agreements, understandings, and communications.

20. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by us.

21. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

22. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes through:

• In-app notifications
• Email (if provided)
• Posting on our website

Your continued use of the App after such modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the App.

23. Contact Us

For questions about these Terms, contact us at:

Email: arjundixit@nexflowinc.com

Company:
NexFlow Inc.
Delaware, USA