Terms of Service

1. Scope and Nature of Service

1.1 Peer-to-Peer Informational & Coordination Utility: Nirvoyo is exclusively a personal mobile application and communication coordination utility designed to facilitate voluntary peer-to-peer location broadcasting, status check-ins, sensor-assisted movement awareness, Journey Assurance tracking, and automated push notification dispatch to personal contacts designated by you ("Trusted Contacts").

1.2 No Central Monitoring: Nirvoyo is not a monitored central station alarm system, telecare service, or law enforcement tool. No human dispatcher or monitoring center actively supervises, verifies, or responds to alerts sent through the Service.

1.3 Voluntary Convenience: Using the Service is entirely voluntary. Software algorithms, GPS sensors, cellular radios, and companion accessories cannot guarantee physical safety or prevent crime, assault, accidents, loss of life, or property damage.

2. Journey Assurance, Timed Visits & Private Notes

2.1 Planned Journeys: The Service allows you to define travel routes, destinations, and estimated arrival times (ETAs). Progress, route deviations, and milestone notifications are informational only and depend on GPS satellite accuracy and device connectivity.

2.2 Timed Visits & Sealed Notes: For appointments or visits, you may record durations and encrypted private notes (e.g. host identity or meeting address). Private notes remain encrypted and are automatically unsealed and delivered to designated Trusted Contacts ONLY if the visit timer expires or an SOS is triggered without cancellation.

2.3 Routine Commute Learning: Commute suggestions and auto-start schedules depend on on-device sensors and Android alarm managers. Nirvoyo does not warrant that auto-start routines will initiate without manual confirmation if battery management or OS restrictions interfere.

2.4 Practice Rehearsal Drills: The Service provides simulation rehearsal drills allowing you and paired contacts to practice emergency alert response. Practice drills are strictly educational simulations and must NEVER be used to simulate panic or mobilize public emergency responders.

2.5 Web Response Portal (respond.nirvoyo.com): Designated contacts may access live safety coordinates via a zero-install web response portal. Access requires authentication via secure links delivered through SMS or email.

3. Acceptable Use & Anti-Stalking Policy (Zero Tolerance)

3.1 Express Consent Required: Nirvoyo is strictly a consensual safety utility. You represent, warrant, and covenant that:

• You shall NEVER install, configure, or activate the Service on any device without the explicit, informed, prior written knowledge and consent of the lawful owner and primary operator of that device.
• You shall NEVER use the Service to track, monitor, spy on, stalk, harass, intimidate, extort, or violate the privacy rights of any person without their affirmative ongoing consent.
• You shall NEVER deploy Nirvoyo as "stalkerware", "spyware", or clandestine surveillance software.

3.2 Unfettered User Autonomy: Monitored users maintain the complete right to terminate active journeys, turn off live location sharing, or permanently delete their account at any time. Coercive or secret modification of another person's safety settings is strictly forbidden.

3.3 Immediate Termination & Law Enforcement: Any suspected non-consensual surveillance, stalkingware deployment, or harassment will result in immediate, permanent account termination and active cooperation with law enforcement authorities and judicial subpoenas.

4. Eligibility & User Responsibilities

4.1 Age of Majority: You must be at least 18 years of age or the age of legal majority in your jurisdiction. Unsupervised minors are strictly prohibited from using the Service.

4.2 Contact Accuracy: You are solely responsible for ensuring that all telephone numbers, email addresses, and identities of your Trusted Contacts are accurate and currently operational.

4.3 Third-Party Consent: You represent and warrant that you have obtained express prior authorization from every person you designate as a Trusted Contact to receive notifications and location broadcasts from Nirvoyo.

5. Absolute, Voluntary Assumption of 100% of All Risks

YOU EXPRESSLY, VOLUNTARILY, AND KNOWINGLY ASSUME ALL RISKS, KNOWN AND UNKNOWN, ASSOCIATED WITH YOUR USE OF THE SERVICE, YOUR PHYSICAL MOVEMENTS, COMMUTES, TRAVEL, ACTIVITIES, AND PERSONAL SECURITY. YOU ACKNOWLEDGE THAT NIRVOYO DOES NOT CONTROL AND CANNOT PREVENT THIRD-PARTY CRIMINAL CONDUCT, PHYSICAL VIOLENCE, ASSAULTS, TRAFFIC HAZARDS, VEHICULAR ACCIDENTS, MEDICAL CRISES, NATURAL DISASTERS, OR ENVIRONMENTAL DANGERS. RELIANCE ON ANY FEATURE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.

6. No Special Relationship & No Duty of Care

Neither the provision of the Service nor the transmission of telemetry creates any special relationship, fiduciary duty, guardianship, custodial obligation, or legal duty of care between you (or your Trusted Contacts, estate, or heirs) and the Developer Parties. The Developer Parties owe no legal duty to protect, rescue, warn, locate, or assist you under any circumstances.

7. Total Disclaimer of Warranties ("AS IS" & "AS AVAILABLE")

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, APPLICATION, BACKEND PLATFORM, WEBSITES, AND COMPATIBLE ACCESSORIES (INCLUDING BLUETOOTH / BLE BUTTONS AND LOCKETS) ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE DEVELOPERS, AUTHORS, CREATORS, OPERATORS, CONTRIBUTORS, DISTRIBUTORS, AND AFFILIATES (COLLECTIVELY, "DEVELOPER PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
• ANY GUARANTEE THAT THE SERVICE WILL OPERATE UNINTERRUPTED, TIMELY, SECURELY, OR ERROR-FREE;
• ANY GUARANTEE THAT GPS COORDINATES, SPEED, ALTITUDE, OR BEARING WILL BE ACCURATE, CONTINUOUS, OR REFLECT REAL-TIME POSITION;
• ANY GUARANTEE THAT EMERGENCY SOS ALERTS, PUSH NOTIFICATIONS, OR SMS WILL BE DELIVERED, RECEIVED, OR PROMPTLY ACTED UPON;
• ANY GUARANTEE THAT ACCELEROMETERS, SENSORS, OR BLE ACCESSORIES WILL ACCURATELY DETECT ACCIDENTS, FALLS, OR DISTRESS EVENTS.

8. Developer Immunity Shield — Zero Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER PARTIES BE LIABLE UNDER ANY LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR STATUTE) FOR ANY LOSS, INJURY, ASSAULT, BATTERY, ROBBERY, ABDUCTION, TRAUMA, PSYCHOLOGICAL INJURY, BODILY HARM, LOSS OF LIFE, OR WRONGFUL DEATH ARISING OUT OF OR RELATING TO THE SERVICE. IN NO EVENT SHALL DEVELOPER PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.

9. Maximum Aggregate Liability Cap

IN ANY JURISDICTION WHERE EXCLUSION OF LIABILITY IS RESTRICTED, THE TOTAL CUMULATIVE AGGREGATE LIABILITY OF ALL DEVELOPER PARTIES SHALL NEVER EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO NIRVOYO DURING THE PRECEDING TWELVE MONTHS (USD $0.00 IF FREE), OR (B) TEN UNITED STATES DOLLARS (USD $10.00) OR ONE HUNDRED INDIAN RUPEES (INR ₹100.00).

10. Comprehensive Indemnification

You agree to defend, indemnify, and hold completely harmless the Developer Parties from and against any and all claims, lawsuits, liabilities, damages, judgments, and legal expenses arising out of your use of the Service, violation of these Terms, false alarms triggered through your account, or claims brought by your Trusted Contacts, heirs, or insurers.

11. Governing Law, Binding Individual Arbitration & Class Action Waiver

11.1 Binding Individual Arbitration: Any dispute arising from these Terms or the Service shall be resolved exclusively through final and binding individual arbitration.

11.2 CLASS ACTION WAIVER: ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

11.3 One-Year Limitation: Any claim must be commenced within one (1) year after the cause of action accrues or be permanently barred.

12. Contact & Legal Notices

Legal & Compliance Directorate
Nirvoyo Safety Systems
Email: [email protected]
Website: https://nirvoyo.com/terms