Terms of Service

Effective Date: [to be set on launch]

1. Agreement to Terms

By downloading, installing, or using Oivana (“the App”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the App.

The App is operated by Oivana Oy, a private limited company organised under the laws of Finland, Business ID (Y-tunnus): [Y-tunnus to be added], registered office at [Registered address — Finland] (“Oivana”, “we”, “us”, “our”).

If you are a consumer resident in the European Union or European Economic Area, these Terms apply to you in addition to — and never in derogation of — the mandatory consumer-protection rights granted to you by the law of your country of residence.

2. Eligibility

You must be at least 16 years of age to use the App. If you are under 18, you confirm that you use the App with the consent of a parent or legal guardian. By using the App, you represent that you meet these requirements.

3. Account Registration and Authentication

• You must create an account to use the App, using social sign-in (Google, Microsoft, or LinkedIn) via AWS Cognito.
• Authentication is required to securely link your use of AI-powered features to your account and prevent unauthorised access.
• You are responsible for maintaining the security of your account credentials with your identity provider.
• We never store your password — authentication is handled entirely through secure third-party identity providers using industry-standard OAuth 2.0 protocols.

4. Description of Service

Oivana is a privacy-first, personalised wellness app that provides:

• AI-powered food scanning and nutritional analysis
• Macro and micronutrient tracking
• Workout planning and tracking
• Sleep analysis and wellness insights
• Wellness scoring (Thrive Score)
• AI coaching via chat
• Integration with health platforms (Apple HealthKit, Google Health Connect, Oura Ring)
• Progress tracking with photos and body composition analysis
• Optional encrypted cloud backup and sync

5. Subscriptions and Payments

• The App offers a free tier and a premium subscription (“Oivana Premium”).
• Pricing is shown in your local currency in the Apple App Store or Google Play Store at the time of purchase. All prices include any applicable VAT.
• Subscriptions are managed and billed exclusively through the Apple App Store or Google Play Store. Oivana Oy does not process payments directly.
• Subscriptions auto-renew unless cancelled at least 24 hours before the end of the current billing period.
• You can manage and cancel subscriptions through your device’s store settings.
• Refunds are handled according to Apple’s or Google’s refund policies.
• We reserve the right to change pricing with reasonable advance notice. Changes will only apply to renewals after the notice period.

EU consumer right of withdrawal

If you are a consumer resident in the EU/EEA, you ordinarily have a 14-day right of withdrawal for distance contracts under Directive 2011/83/EU. By purchasing a subscription that begins to be delivered immediately upon activation, you expressly consent to immediate performance of the contract and acknowledge that you lose the right of withdrawal once delivery has begun, in accordance with Section 6:16 of the Finnish Consumer Protection Act (Kuluttajansuojalaki, 38/1978) implementing the Directive.

6. Your Data — A Device-First Approach

Oivana is designed around a device-first architecture. Your wellness data — including health profile, meal logs, workout history, sleep data, supplement logs, chat history, photos, and onboarding answers — is created and stored locally on your device.

When you use AI-powered features, you consent to transmitting relevant portions of your data to our secure servers solely for the purpose of generating your personalised results. This includes:

• Photos you submit for AI analysis (food, face, body composition)
• Health context necessary for personalised AI coaching and insights
• Onboarding information used to generate your tailored wellness plan

This data is encrypted in transit (TLS) and at rest (AES-256), processed through our secure server infrastructure, and automatically purged — uploaded files are deleted within 15 minutes, and AI job records expire within 1 hour. We do not retain this data beyond what is needed to deliver your results.

Cloud Sync is an optional premium feature you can choose to enable. When enabled, your full journey data is encrypted (AES-256) and stored securely in AWS S3. You can disable Cloud Sync or delete your cloud data at any time.

For full details, please see our Privacy Policy.

7. AI-Powered Features

• Certain features use artificial intelligence (powered by Google Gemini) to analyse photos, generate plans, and provide coaching.
• When you use these features, you consent to the secure transmission and processing of the relevant data as described in Section 6.
• AI processing is performed through our own secure server infrastructure — your data is never sent directly from your device to third-party AI providers.
• AI-generated content is for informational purposes only and should not be considered medical, nutritional, or fitness advice.
• We do not guarantee the accuracy, completeness, or reliability of AI-generated content.
• You should always consult qualified healthcare professionals before making health decisions.

8. Health Disclaimer

• Oivana is NOT a medical device and does not provide medical advice, diagnosis, or treatment. It is not a CE-marked medical device within the meaning of Regulation (EU) 2017/745 (Medical Device Regulation).
• The App is intended for general wellness and informational purposes only.
• Information about nutrition, exercise, sleep, and wellness is educational in nature.
• Do not disregard professional medical advice or delay seeking treatment because of information provided by the App.
• If you have a medical condition, are pregnant, or have specific health concerns, consult your healthcare provider before using the App.
• In case of a medical emergency, contact emergency services immediately (112 in the EU).

9. User Content

• You retain full ownership of all content you create or upload through the App (photos, logs, notes, etc.).
• By using AI-powered features, you grant us a limited, non-exclusive, royalty-free, worldwide licence to process the relevant content solely to deliver those features to you.
• We do not use your content for advertising, marketing, training AI models, or any purpose other than delivering the Service to you.
• Uploaded content is processed transiently and automatically purged from our servers as described in Section 6.

10. Acceptable Use

You agree NOT to:

• Use the App for any unlawful purpose
• Attempt to gain unauthorised access to any part of the Service
• Interfere with or disrupt the Service or its infrastructure
• Upload malicious content or attempt to exploit vulnerabilities
• Create multiple accounts to abuse free tier or AI services
• Reverse engineer, decompile, or disassemble any part of the App, except to the extent expressly permitted by mandatory provisions of applicable law (including Article 6 of Directive 2009/24/EC on the legal protection of computer programs)
• Use the App to develop competing products
• Share your account with others or transfer your account without our consent

11. Third-Party Services

The App integrates with third-party services subject to their own terms:

• Apple HealthKit / Google Health Connect — health data read with your permission and processed on your device
• Oura Ring — optional integration via OAuth; credentials stored securely on-device
• Google, Microsoft, LinkedIn — authentication providers via OAuth 2.0
• RevenueCat — subscription management (anonymous app user ID only)
• Apple App Store / Google Play Store — app distribution and payments
• USDA FoodData Central / Open Food Facts — food nutrition databases

We are not responsible for the practices or policies of third-party services.

12. Intellectual Property

• The App, including its design, code, features, and content (excluding user-generated content), is owned by Oivana Oy.
• “Oivana” and the Oivana logo are trademarks of Oivana Oy.
• You may not copy, modify, distribute, or create derivative works based on the App without our written permission, save for the rights you are granted under mandatory provisions of applicable law.

13. Account Deletion and Termination

• You may delete your account and all associated server-side data at any time from the App’s Account Center.
• You may also use the Reset Journey feature to clear all local data on your device.
• We may suspend or terminate your access if you materially violate these Terms or abuse the Service. Where you are an EU/EEA consumer, we will provide reasonable advance notice and an opportunity to remedy the issue except in cases of serious or repeated breaches or where required by law.
• Upon termination, your right to use the App ceases immediately.
• Data stored on your device remains under your control.

14. Disclaimers

The App is provided “as is” and “as available”. To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or secure.

Nothing in these Terms excludes or limits any statutory warranty, guarantee, or other consumer right that cannot be excluded or limited under the law applicable to you. If you are an EU/EEA consumer, your statutory rights under Directive (EU) 2019/770 on digital content and services and the Finnish Consumer Protection Act remain in full force.

15. Limitation of Liability

To the maximum extent permitted by applicable law, Oivana Oy shall not be liable for any indirect, incidental, special, consequential, or punitive damages. Our total aggregate liability for any claim arising out of or in connection with the Service shall not exceed the greater of (a) the amount you paid us in the twelve (12) months preceding the claim, or (b) one hundred euros (€100).

Nothing in this section limits our liability for (i) death or personal injury caused by our negligence, (ii) fraud or fraudulent misrepresentation, or (iii) any other liability that cannot be excluded or limited under applicable law. If you are a consumer, the statutory liability regime under the Finnish Consumer Protection Act and EU law applies in addition to and prevails over this section to the extent of any conflict.

16. Indemnification

To the extent permitted by applicable law and outside any non-waivable consumer rights, you agree to indemnify and hold harmless Oivana Oy and its officers, directors, employees, and agents from any third-party claims, damages, losses, or expenses arising from your unlawful use of the App or material breach of these Terms.

17. Governing Law and Dispute Resolution

• These Terms are governed by the laws of Finland, without regard to its conflict-of-law principles, and excluding the UN Convention on Contracts for the International Sale of Goods.
• If you are a consumer resident in the EU/EEA, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence (Article 6 of the Rome I Regulation, EC 593/2008).
• Disputes arising out of or in connection with these Terms shall, where mandatory consumer-jurisdiction rules do not provide otherwise, be submitted to the exclusive jurisdiction of the District Court of Helsinki (Helsingin käräjäoikeus), Finland.
• EU consumer alternative dispute resolution. If you are a consumer in the EU/EEA, you may always bring proceedings in the courts of your country of habitual residence (Article 18 of the Brussels I bis Regulation, EU 1215/2012). You may also refer the dispute to the Finnish Consumer Disputes Board (Kuluttajariitalautakunta) — see www.kuluttajariita.fi. The European Commission’s Online Dispute Resolution platform is available at ec.europa.eu/odr.

18. Changes to Terms

• We may update these Terms from time to time.
• We will notify you of material changes through the App with reasonable advance notice (at least 30 days for material changes where you are an EU/EEA consumer, except where a shorter notice is required by law).
• Continued use of the App after changes constitutes acceptance of the updated Terms.
• If you do not agree to the updated Terms, you should stop using the App and may cancel any active subscription.

19. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be replaced by an enforceable provision that comes closest to the parties’ original intent.

20. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Oivana Oy regarding your use of the App and supersede all prior agreements between the parties on the same subject matter.

21. Contact Us

Oivana Oy [Registered address — Finland] Business ID (Y-tunnus): [Y-tunnus to be added]

Email: hello@oivana.com