Terms of Service

Kivaia – an app by ClayFactor GmbH

Effective: May 2026

1. Scope

These Terms of Service govern the use of the mobile lifestyle and longevity app Kivaia (hereinafter “App”), provided by:

ClayFactor GmbH
Herderstraße 38
66292 Riegelsberg, Germany
Commercial Register: HRB 111746 (Local Court Saarbrücken)
Managing Director: Jens Thelemann
Email: info@clayfactor.com

Kivaia is a lifestyle application that supports you in maintaining a balanced lifestyle and exploring longevity topics — with features for nutrition, activity, and well-being.

2. Conclusion of Contract

2.1 Download and Installation

The contract for the use of the free basic features is concluded when you download and install the App from the Apple App Store.

2.2 Premium Subscription

The contract for a paid Premium subscription is concluded when you purchase a subscription via the App Store and Apple confirms the order.

2.3 Contracting Parties

(1) Free use (free tier). The Kivaia app and its free features are provided to you under license by ClayFactor GmbH, Herderstraße 38, 66292 Riegelsberg, Germany, registered with the commercial register of the local court of Saarbrücken under HRB 111746 (“ClayFactor”, “we”) on the basis of these Terms. For the free tier, you are in a license and use relationship with ClayFactor.

(2) Paid premium subscription (in-app purchase). If you conclude a premium subscription as an in-app purchase via the Apple App Store, the subscription contract is concluded exclusively between you and Apple Distribution International Ltd., Hollyhill Industrial Estate, Hollyhill, Cork T23 YK84, Republic of Ireland (“Apple”). Apple is the merchant of record, the contracting party for the subscription, the recipient of the payment and the issuer of the invoice. ClayFactor is licensor of the premium content vis-à-vis Apple, and content and feature provider vis-à-vis you. Contract conclusion, payment, renewal, cancellation in the Apple sense, refund and withdrawal are governed by the Apple Media Services Terms.

(3) Warranty. ClayFactor is responsible for defects in the premium content; however, if a claim relates directly to Apple's role as seller of the app license, Apple remains liable in that respect.

3. Description of Services

3.1 Free Features (Free Tier)

With the free version you can:

• Photograph and track meals
• Have nutritional values analysed automatically (limited per day)
• Plan and document workouts and activities
• Integrate health data from Apple Health (optional, only with your explicit consent)
• Use the AI coach for nutrition and lifestyle questions (text-based, limited per day)
• View your Longevity Score

The exact daily limits are shown to you in the App.

3.2 Premium Features

A Premium subscription additionally provides:

• Voice coaching (speech output via local TTS combined with the AI chat)
• Advanced analyses and insights (trends, patterns, longevity insights)
• Higher daily limits for photo analysis, coach, meal-plan and recipe generation
• iCloud synchronisation — data transfer across all your Apple devices (paying subscribers only, not available during the reverse trial)

3.3 Notice under EU AI Act (Art. 50)

Kivaia uses AI systems from Google (Gemini) for several features. You interact directly with an AI in the following areas: coach chat, voice coaching (Premium), automatic meal analysis from photos, and recipe / daily suggestions.

AI features provide estimates, not medical diagnoses or binding assessments. See the Privacy Policy for details on data processing; risks and responsibilities are addressed in the Terms of Use §4.4.

4. Subscription Terms

4.1 Available Durations

The Premium subscription is available as a monthly or yearly subscription.

The current prices are shown to you in the Apple App Store before purchase. The price displayed in the App Store at the time of purchase applies. Prices may vary by country, region, and currency.

Where required by law, the prices shown in the App Store include statutory VAT.

4.2 Reverse Trial (14 Days)

After completing the onboarding, you receive 14 days of extended access to most Premium features — without payment data and without entering into a contract with ClayFactor or Apple.

• You incur no costs.
• No subscription contract is created that would need to be cancelled.
• After 14 days the App automatically reverts to the free tier. Premium features are then only available after subscribing to a paid plan.
• iCloud synchronisation is excluded during the reverse trial and only becomes available with a paid subscription.

We may adjust the duration of the reverse trial with effect for future users.

4.3 Automatic Renewal

Your paid subscription renews automatically for the selected duration unless you cancel it at least 24 hours before the end of the current term.

4.4 Cancellation

You can cancel your subscription at any time via the settings of your Apple account:

1. Open Settings on your iPhone
2. Tap your name (Apple ID)
3. Select “Subscriptions”
4. Select this app’s subscription and tap “Cancel Subscription”

After cancellation, you can continue using the Premium features until the end of the paid term.

4.5 Price Changes

We reserve the right to change prices for future terms. You will be informed of price changes at least 30 days in advance. Existing subscriptions are not affected until the next renewal.

5. Right of Withdrawal

5.1 Clarification

For a premium subscription concluded via the Apple App Store, the contracting party is Apple Distribution International Ltd. (see §2.3 paragraph 2). The statutory right of withdrawal for digital services under §§ 312g, 355 of the German Civil Code (BGB) therefore exists vis-à-vis Apple. ClayFactor can neither accept the withdrawal nor issue a refund, as ClayFactor does not receive any payment from you.

5.2 Information on the Right of Withdrawal at Apple

Apple informs you at the point of purchase that contract performance begins immediately and that you thereby lose your right of withdrawal (§ 356 (5) BGB). The applicable withdrawal notice and model withdrawal form are set out in section B of the Apple Media Services Terms. Recipient of a withdrawal declaration:

Apple Distribution International Ltd.
iTunes Store Customer Support
Hollyhill Industrial Estate, Hollyhill
Cork T23 YK84, Republic of Ireland
Email: rightofwithdrawal@apple.com

5.3 Practical Refund Route

The fastest route to a refund is usually reportaproblem.apple.com (sign in with your Apple ID). This route does not replace the statutory right of withdrawal but is generally the most direct solution in practice.

5.4 Free-Tier Reverse Trial

The 14-day free trial under §4.2 is provided without contract conclusion, without collection of payment data and without automatic renewal. No right of withdrawal applies here, as no consumer contract for consideration within the meaning of §§ 312 et seqq. BGB is concluded; the trial ends automatically or is actively converted by you into a paid premium subscription with Apple.

6. Limitation of Liability

6.1 No Medical Advice

Important Notice: Kivaia is a lifestyle app, not a medical application. It provides general information on nutrition, activity, and well-being. It is not a substitute for professional medical advice, diagnosis, or treatment.

• Always consult a doctor regarding health concerns
• Begin new training or nutrition programmes only after consulting a doctor
• Never disregard professional medical advice based on information from the App

6.2 Scope of Liability

We are liable without limitation for damages arising from injury to life, body, or health, as well as for intent and gross negligence.

For slight negligence, we are only liable for the breach of essential contractual obligations (cardinal duties). In such cases, liability is limited to foreseeable damages typical of the contract.

6.3 Availability

We strive for high availability of the App but cannot guarantee uninterrupted availability. Maintenance work and technical issues may lead to temporary restrictions.

7. Changes to the Terms

We may amend these Terms with effect for the future. You will be informed of changes at least 30 days before they take effect via email or in-app notification.

If you do not agree to the amended Terms, you can cancel your subscription before the changes take effect. Continued use of the App after changes take effect constitutes acceptance of the amended Terms.

8. Final Provisions

8.1 Applicable Law

The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods.

8.2 Place of Jurisdiction

For disputes with consumers, the statutory place of jurisdiction applies. For disputes with merchants, the registered office of ClayFactor GmbH is the place of jurisdiction.

8.3 Dispute Resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

8.4 Severability Clause

Should individual provisions of these Terms be invalid, the validity of the remaining provisions shall not be affected.

8.5 Authoritative Version

This is an English translation of the German original. In case of any discrepancies between the German and English versions, the German version shall prevail.

ClayFactor GmbH
Herderstraße 38
66292 Riegelsberg, Germany
info@clayfactor.com