Terms of Use

Kivaia – an app by ClayFactor GmbH

Effective: May 2026

1. What Is This About?

These Terms of Use govern how you may use Kivaia. Please read them carefully before using the App.

In short:

• Use the App responsibly for your personal lifestyle
• The App is a lifestyle app and does not replace a doctor
• We protect your data (see Privacy Policy)

2. Who May Use the App?

2.1 Minimum Age

Kivaia is intended for persons aged 16 and over. This corresponds to the GDPR standard for independent consent in Germany.

We deliberately do not run our own age check. Age-related controls are provided by the App Store age rating and Apple Family Sharing — parents and legal guardians can use these to determine which apps minors may download and use.

By using the App, you confirm that you meet the minimum age. If we receive concrete indications that a person under 16 is using the App, we block access and delete the associated data.

2.2 Account Creation

You can use the App without registration or sign in optionally with your Apple ID. When signing in:

• Provide only correct information
• Use only one account per person
• Keep your credentials confidential
• You are responsible for all activities under your account

3. What May You Use the App For?

3.1 Permitted Use

The App is intended exclusively for your personal, non-commercial use:

• Tracking your nutrition and activity
• Planning and documenting your workouts
• Supporting a balanced lifestyle and longevity topics

3.2 Prohibited Activities

The following activities are not permitted:

Technical:

• Reverse engineering, decompiling, or manipulating the App
• Bypassing security mechanisms
• Automated access (bots, scraping)
• Overloading our infrastructure

Content-related:

• Spreading false health information through the App
• Advertising or commercial use without permission
• Identity theft or impersonating other people

Legal:

• Use for illegal purposes
• Infringing third-party rights

4. Important Notice: No Medical Advice

4.1 General Disclaimer

Kivaia is a lifestyle app, not a medical application.

The App provides general information on nutrition, activity, and well-being. It is not a substitute for:

• Professional medical advice
• Diagnoses by qualified professionals
• Medical treatments
• Emergency care

4.2 What This Means

• AI Coach: The AI assistant provides general tips, not medical diagnoses
• Nutritional Analysis: The automatic analysis of meal photos is an estimate, not an exact measurement
• Longevity Score: Your score is a general wellness indicator, not a medical diagnosis
• Activity Recommendations: Adapt all exercises to your physical abilities

4.3 When to Consult a Doctor

Always consult a doctor:

• Before starting a new training or nutrition programme
• For pre-existing health conditions
• If you take medication
• During pregnancy or breastfeeding
• For symptoms or health concerns

In case of medical emergencies, immediately call your local emergency services (112 in the EU, 911 in the US).

4.4 Notice under EU AI Act (Art. 50)

Kivaia uses AI systems from Google (Gemini). You interact directly with an AI in the following features:

• Coach chat: You are chatting with an AI assistant, not a real person.
• Voice coaching (Premium): Spoken responses are based on AI-generated text combined with local text-to-speech on your device.
• Meal analysis: Detection of foods in photos and estimation of nutritional values are fully algorithmic.
• Recipe and daily suggestions: AI-generated based on your input.

AI outputs are estimates and may be inaccurate. They do not replace professional advice. See the Privacy Policy for details on data processing.

5. Intellectual Property

5.1 Our Rights

The App, including all texts, graphics, logos, icons, images, software, and content, is protected by copyright. All rights belong to ClayFactor GmbH or our licensors.

You receive a limited, non-exclusive, non-transferable right to use the App for personal purposes.

5.2 Your Content

You retain all rights to content you create in the App (e.g. meal photos, notes, training entries). This content remains on your device by default.

Where required to provide a feature (e.g. AI analysis of a meal photo), you grant us a purpose-bound, technically required usage licence for the duration of the processing. Details are governed by the Privacy Policy.

6. Suspension and Termination

6.1 By You

You can stop using the App at any time:

• Delete your account in the App settings
• Cancel an active subscription via the App Store
• Uninstall the App from your device

6.2 By Us

We may restrict or terminate your access if you:

• Violate these Terms of Use
• Use the App for illegal purposes
• Manipulate or overload our systems

In case of severe violations, suspension takes effect immediately. For minor violations, you will generally receive a warning first.

6.3 After Termination

After termination of your account:

• Your local app data and any iCloud copies will be deleted in accordance with our Privacy Policy
• You lose access to all features
• Subscription fees already paid are not refunded (except in case of withdrawal under Terms of Service §5)

7. Changes

7.1 Changes to the App

We continuously develop the App. We may:

• Add new features
• Change or remove existing features
• Adjust the user interface

We will announce significant changes in advance.

7.2 Changes to These Terms

We may update these Terms of Use. You will be informed at least 30 days before significant changes take effect.

Continued use after the changes take effect constitutes acceptance. If you do not agree, stop using the App before the changes take effect.

8. Limitation of Liability

8.1 Availability

We strive for high availability but cannot guarantee 100% availability. Maintenance work and technical problems may lead to outages.

8.2 Accuracy

The AI-supported analysis of meals and lifestyle data is an estimate. We do not guarantee the accuracy of this data.

8.3 Scope of Liability

Our liability is limited as follows:

• Without limitation for intent, gross negligence, and damages to life, body, or health
• For slight negligence, only for foreseeable damages typical of the contract in case of a breach of essential obligations

9. Final Provisions

9.1 Entire Agreement

These Terms of Use, together with the Terms of Service and the Privacy Policy, form the complete agreement between you and ClayFactor GmbH.

9.2 Severability Clause

Should any provision be invalid, the remaining provisions shall remain valid.

9.3 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.

9.4 Contact

For questions regarding these Terms of Use, please contact us at:

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

Data protection inquiries: privacy@clayfactor.com

Last Updated: May 2026