Legal

Terms of Service

Please read these terms carefully before using Kaivo.

Effective Date: November 5, 2025

Quick Summary

Here are the key points of our Terms of Service. This summary doesn't replace reading the full terms below.

  • Kaivo is an AI-powered support tool, not medical treatment
  • You must be 18 or older to use the service
  • Premium subscriptions auto-renew unless canceled 24 hours before billing
  • You own your content, but grant us license to provide the service
  • The AI voice coach provides support but is not professional therapy
  • We can suspend accounts that violate these terms
  • Disputes are resolved through arbitration

Welcome to Kaivo. These Terms of Service ("Terms") govern your use of the Kaivo application and services provided by Digital Macaroni LLC ("we," "us," or "our"). By using Kaivo, you agree to these Terms in their entirety.

1. Acceptance of Terms

By downloading, installing, or using Kaivo ("the App" or "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Service. We may update these Terms from time to time, and will notify you of material changes at least 30 days in advance. Your continued use after changes take effect constitutes acceptance.

2. Eligibility and Account Requirements

You must be at least 18 years old to use Kaivo. By creating an account, you represent and warrant that: • You are at least 18 years of age • You have the legal capacity to enter into these Terms • The information you provide is accurate and current • You will maintain the security of your account credentials • You will notify us immediately of any unauthorized use We do not knowingly collect information from anyone under 18 years of age. If we learn we have collected such information, we will promptly delete it.

3. Description of Service

Kaivo is a mobile application designed to help users reduce and quit vaping through: • AI-powered personalized quit plans • 24/7 conversational AI support • Health recovery tracking and visualization • Guided breathing exercises and meditation content • Progress tracking and analytics The Service includes both free and premium features. Premium features require a paid subscription.

4. Medical and Health Disclaimer

IMPORTANT: Kaivo is not a medical device, treatment, or substitute for professional healthcare, and it is not a crisis or emergency service. • Our Service provides educational and motivational support only • Kaivo's AI coach is not monitored by humans in real time and cannot help in an emergency • If you are in danger, thinking about suicide, or considering harming yourself or others, call or text 988 (Suicide & Crisis Lifeline, US & Canada) or call 911 / your local emergency number immediately • Do not rely on Kaivo for medical advice or emergency situations • Always consult qualified healthcare providers for medical decisions • If you experience severe withdrawal symptoms or health concerns, seek immediate medical attention • We make no claims about the medical effectiveness of our Service • Individual results will vary

5. AI Chat Disclaimer

Our AI coach ("Kaivo AI"), available by voice and text, provides automated conversational support: • Responses are generated by artificial intelligence, not human therapists • AI support is not a replacement for professional therapy or counseling • Responses may not always be accurate or appropriate for your situation • Do not share sensitive personal information beyond what's needed for quit support • In crisis situations, contact emergency services or professional help immediately

6. Subscription Terms and Billing

Premium Subscriptions: • Offered as monthly or annual plans • Payment charged to your App Store or Google Play account • Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period • Renewal charges occur within 24 hours before the current period ends • Subscription prices may vary by region and are shown in your local currency Managing Subscriptions: • Cancel anytime through your device's App Store or Google Play settings • No refunds for partial subscription periods • Free trial converts to paid subscription unless canceled before trial ends • We may offer promotional pricing at our discretion Price Changes: • We reserve the right to modify subscription prices • Price changes for existing subscribers require 30 days advance notice • Continued use after price change constitutes acceptance

7. User Conduct

You agree to use Kaivo responsibly and will not: • Share content promoting vaping or nicotine use • Impersonate others or create fake accounts • Post spam, malware, or commercial content • Attempt to access others' accounts or private data • Circumvent any Service limitations or security measures • Use the Service for any illegal purpose We reserve the right to remove content and suspend accounts that violate these Terms.

8. Privacy and Data Use

Your privacy is important to us. Our Privacy Policy explains how we: • Collect and use your information • Protect your data security • Share information (we never sell your personal data) • Honor your rights regarding your data By using Kaivo, you consent to our data practices as described in the Privacy Policy.

9. Your Content and Rights

Your Ownership: You retain all rights to content you create in Kaivo ("Your Content"), including: • Personal notes and reflections • Custom quit reasons and goals License to Us: To provide the Service, you grant us a worldwide, non-exclusive, royalty-free license to: • Display Your Content within the app • Create anonymized, aggregated insights • Back up and restore your data • Moderate content for safety This license ends when you delete your content or account, except for anonymized data.

10. Our Intellectual Property

All Kaivo content and features are protected by intellectual property laws: • The Kaivo name, logo, and branding • App design, features, and functionality • Our coaching prompts, personas, and conversation design • Educational content and exercises • Software code and databases You may not copy, modify, or distribute our intellectual property without written permission.

11. Third-Party Services

Kaivo integrates with third-party services including: • App store billing (Apple App Store, Google Play) • Cloud storage and authentication (Supabase) • AI voice provider (a third-party AI service) • Analytics providers We are not responsible for third-party services' practices or content. Your use of integrated services is subject to their respective terms.

12. Disclaimers and Limitations

Service Availability: • We strive for 24/7 availability but cannot guarantee uninterrupted service • Features may be modified or discontinued with notice • Technical issues may occasionally affect functionality Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW: • Kaivo is provided "AS IS" without warranties • We are not liable for indirect, incidental, or consequential damages • Our total liability is limited to the amount you paid for the Service in the past 12 months • We are not responsible for failures due to circumstances beyond our control

13. Indemnification

You agree to defend and hold harmless Digital Macaroni LLC, its affiliates, and personnel from claims arising from: • Your violation of these Terms • Your violation of others' rights • Your misuse of the Service • Your Content

14. Termination

By You: • Cancel your account anytime in app settings • Request data deletion per our Privacy Policy • Cancellation doesn't entitle you to refunds By Us: We may suspend or terminate accounts that: • Violate these Terms • Engage in fraudulent activity • Harm other users or the Service • Remain inactive for extended periods

15. Dispute Resolution

Try Informal Resolution First: Before filing any claim, contact us at support@kaivo.app. We'll attempt to resolve disputes informally within 30 days. Mandatory Arbitration: If informal resolution fails, all disputes must be resolved through binding arbitration: • Administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules • Conducted online or by phone unless both parties agree otherwise • Each party pays their own costs and attorney fees • Small claims court is available for qualifying disputes No Class Actions: All disputes must be brought individually. You may not participate in class actions, class arbitrations, or representative actions of any kind. If this waiver is found unenforceable, the entire arbitration agreement is void. Governing Law: These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules. By using Kaivo, you agree to this dispute resolution process.

16. Apple App Store Specific Terms

For users who download Kaivo through the Apple App Store, these additional terms apply: Acknowledgment: These Terms are concluded solely between you and Digital Macaroni LLC, not with Apple. Apple is not responsible for Kaivo or its content. License Scope: Your license to use Kaivo is: • Limited to a non-transferable right to use on Apple-branded products you own or control • Subject to Apple's Media Services Terms and Conditions • For personal, non-commercial use only Apple's Limited Role: You acknowledge that: • Apple has no obligation to provide maintenance or support for Kaivo • Apple is not responsible for any product warranties • Apple is not responsible for addressing any claims relating to Kaivo, including product liability claims, legal compliance, or intellectual property infringement • In case of any third-party claim that Kaivo infringes intellectual property rights, Digital Macaroni LLC, not Apple, is solely responsible Legal Compliance: You represent that: • You are not located in a U.S. embargoed country or on any U.S. prohibited party list • You will comply with all applicable third-party terms when using Kaivo Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, Apple has the right to enforce these Terms against you as a third-party beneficiary.

17. Google Play Store Specific Terms

If you downloaded this app from Google Play, the following additional terms apply: • Google Inc. and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you. • In case of conflict between these Terms and Google Play's Terms of Service, Google Play's terms shall prevail regarding your use of the app downloaded from Google Play. • Google is not responsible for the app, its content, or any claims related to the app. Any complaints should be directed to Kaivo, not Google. • You acknowledge that Google has no obligation to provide maintenance or support services for the app. • Your use of the app must comply with Google Play's Content Policies and Developer Distribution Agreement. • If the app fails to conform to any applicable warranty, you may notify Google, and Google may refund the purchase price (if any) to you. To the maximum extent permitted by law, Google will have no other warranty obligation with respect to the app.

18. General Terms

Entire Agreement: These Terms and our Privacy Policy constitute the complete agreement between us. Severability: If any provision is unenforceable, the remaining Terms continue in effect. Assignment: We may assign these Terms; you may not without our written consent. Notices: We'll notify you via the app or email address associated with your account.

19. Contact Information

Digital Macaroni LLC 30 N Gould St Ste N Sheridan, WY 82801 United States Email: legal@kaivo.app Support: support@kaivo.app For the quickest response, please email us. We aim to respond within 2 business days.

Agreement to Terms

By using Kaivo, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you must not use our services.