Terms of Use

Kivaia – an app by ClayFactor GmbH

Effective: June 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.

Kivaia's App Store age rating is deliberately set to 16+. This means the legal consent threshold and technical access through the App Store age rating, Screen Time, and Family Sharing refer to the same age threshold.

We deliberately do not run our own age check. By using the app, you confirm that you are at least 16 years old. 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 and Trial

Sign in with Apple is not required to use Kivaia. The trial is managed server-side through an Apple-signed App Store transaction identifier so repeated trial starts after reinstallation can be prevented. You may optionally use Sign in with Apple to prefill profile data. If you sign in optionally:

• Apple authenticates your Apple ID, e.g. with two-factor protection
• We verify only the Apple identity token, app audience, and nonce on the server
• We do not store your email address, name, or plain Apple ID

If the trial server is temporarily unavailable, you can continue using the app in the free state. A trial is created only after successful server-side confirmation.

You can delete your Kivaia account in the app under Settings → “Privacy & Data” → “Delete Account”. This deletes active account/trial bindings and local Kivaia product data; for Sign in with Apple, the Apple authorization is revoked on the server. Account deletion does not start a new free trial. To enforce the one-trial rule, only a minimal proof that is not an account is retained, as described in the Privacy Policy.

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 Companion: 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:

• Companion 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:

• 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 your use of the App ends:

• You can delete your Kivaia account and local Kivaia data in the app in accordance with our Privacy Policy or uninstall the App
• iCloud copies, Apple Health source data, StoreKit subscriptions/purchases, and the minimal trial proof are handled separately
• 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: June 2026