These Terms & Conditions (these “Terms”) govern your access to and use of the nSEPIA mobile applications (the “App”), the nSEPIA website at https://www.nsepia.com (the “Site”), and all related features, content, software, recommendations, and functionality we provide (together, the “Services”). By downloading, accessing, or using the Services, you agree to be bound by these Terms and our Privacy Policy (incorporated by reference). If you do not agree, do not use the Services.
By accessing or using any part of the Services, you: (a) acknowledge that you have read and understand these Terms; (b) agree to be legally bound by them and by the Privacy Policy; and (c) represent that you have the authority to accept these Terms. We may update these Terms from time to time. We will provide notice of material changes by email, in-app notice, or by posting the revised Terms on the Site or App. Unless a later effective date is stated, changes take effect when posted. Your continued use of the Services after the effective date constitutes acceptance. If any additional terms (e.g., subscription, promotional, or features-specific terms) conflict with these Terms, those additional terms control solely to the extent of the conflict.
For clarity and consistency, the following terms have the meanings set out below and are used with initial capital letters throughout these Terms.
The Services are intended for individuals 18 years of age or older. By using the Services, you represent and warrant that you are at least 18 and will not permit any person under 18 to access the Services through your account or devices.
You may be required to create an Account to use certain features of the Services. You must provide accurate, current, and complete information when you create your Account, and you must keep your information up to date. You are responsible for all activity that occurs under your Account. We may offer multiple authentication methods, including password-based sign in, onetime passcodes, and third-party sign in through providers such as Apple and Google. When you use a third-party sign-in option, you authorize us to receive the information that the provider discloses under its terms.
We may implement security measures such as rate limiting, device and IP verification, OTP/code verification, CAPTCHA, and temporary lockouts after repeated authentication failures. You must promptly notify on support@nsepia.com, if you suspect unauthorized use of your Account. We are not responsible for losses that result from compromised credentials unless such losses are caused by our breach of these Terms or by our violation of applicable law.
You consent to receive Service‑related communications electronically, which may include in‑App messages, push notifications, SMS texts, and emails. These communications are necessary to operate the Services and may be non‑optional. We may also send marketing communications where permitted by law. You may opt out of marketing communications at any time, and your opt‑out will not affect Service‑related communications. If you disable push notifications or SMS at the operating system level, certain features may not function properly.
By continuing to use the Services, you agree that we may provide disclosures and agreements electronically and that your electronic acceptance will have the same legal effect as a handwritten signature to the fullest extent permitted by law. You may withdraw your consent to receive electronic communications by discontinuing your use of the Services.
Your use of the Services requires compatible hardware, a current operating system, and sufficient Internet bandwidth, which shall be your responsibility. Some features require Device permissions such as access to the camera, location, microphone, files, photos and the ability to send notifications. You may disable these permissions at any time; however, the corresponding features will not function while permissions are disabled. The performance and availability of features may vary by Device, operating system version, territory, and network conditions.
The Scan Features are mandatory for the use of Services. If you enable them, you expressly consent to their operation, which uses your Device camera, microphone, and sensors to analyze upper‑body movement (shoulders and above) and to generate wellness insights. The Services also includes to perform facial identification or facial verification. Outputs generated by the Scan Features are probabilistic and may be affected by camera angles, lighting, and other environmental factors. The insights are provided for informational wellness purposes only. They do not constitute medical advice, and they are not intended for diagnosis, treatment, or prevention of any disease or condition. You must not rely on the Services for emergencies or as the sole basis for high‑risk decisions such as employment, credit, housing, or other regulated eligibility determinations.
For users in the United States, Nihilent is not a HIPAA‑covered entity when it provides the consumer Services. You must not submit protected health information (PHI) through the consumer Services. If PHI is processed, it will occur only under a duly executed Business Associate Agreement (BAA) within an enterprise deployment.
Subject to your compliance with these Terms, we grant you a limited, revocable, non‑exclusive, non‑transferable, and non‑sublicensable license to access and use the Services for your personal, non‑commercial use. You must not copy, modify, distribute, or create derivative works of the Services; attempt to reverse engineer, decompile, or derive source code except where such restriction is prohibited by law; bypass security, usage limits, or digital rights management; or remove proprietary notices.
If you obtained the App through a Store, your use of the App is also governed by the Store’s terms and policies. As Nihilent and the Store, this license is granted by Nihilent and not by the Store, and the Store has no responsibility for the App or its content.
Content is licensed to you, not sold. Unless we explicitly provide an offline download feature within the Services, you may only stream Content within the Services. Any offline download that we provide may be encrypted, may expire, and may be revoked. You do not obtain any ownership rights in the Content. You must not record, rebroadcast, redistribute, publicly perform, scrape, or otherwise exploit the Content outside of the Services.
The availability of Content, the arrangement of categories, and our editorial selections may change without prior notice for licensing, technical, or editorial reasons. Territorial and Device limitations may apply for accessing the Content. The removal or modification of specific Content or experimental features does not entitle you to any refund or credit unless applicable law requires otherwise.
If you post or submit comments, ratings, post‑session reactions, reviews, uploads, or other materials ("UGC"), you grant us a worldwide, non‑exclusive, royalty‑free license to host, store, process, reproduce, transmit, display, and adapt your UGC solely to operate, provide, secure, troubleshoot, and improve the Services, including through service providers and sub‑processors. This license will end when you delete the UGC from the Services, subject to reasonable backup and archival retention and legal holds. You represent and warrant that you have all rights necessary for your UGC and that your UGC does not violate the law or the rights of any third party. If you provide ideas or suggestions ("Feedback"), you grant us an irrevocable, perpetual, worldwide, royalty‑free license to use the Feedback without restriction or attribution.
We may moderate, remove, or disable UGC that we reasonably believe violates these Terms or applicable law.
(a) Plans and Pricing. We may offer free and paid tiers, including monthly and annual subscriptions ("Premium Features"). We disclose pricing, features, and applicable terms at the time of purchase. Taxes may apply and are your responsibility unless we state otherwise. We may change pricing with advance notice where required by law.
(b) Auto-Renewal. Subscriptions are renewed automatically for successive periods unless you cancel before the renewal date. You may cancel at any time, and your access will continue through the end of your current paid term. Except where required by law, fees are non-refundable and are not prorated.
(c) Free Access Windows and Trials. We may offer time-limited or feature-limited free access (for example, after a scan). We may also offer free trials that convert to paid subscriptions at the disclosed price unless you cancel before the trial ends. We may restrict trials or promotions to one per user, household, or IP address to prevent abuse.
(d) Platform Purchases Control. If you purchase a subscription through a Store, the Store’s billing, tax, cancellation, and refund policies will apply and may override these Terms. You must initiate refunds and cancellations for Store purchases through the applicable Store. We generally cannot modify Store-managed renewals.
(e) Web Purchases. If you purchase through the Site, we will process your payment through our payment processor, which will govern your purchase. Your Premium access will begin when your payment is authorized. If your payment fails, is reversed, or is charged back, we may suspend or downgrade your access immediately.
(f) Activation; Payment Failures. Premium access begins upon payment authorization. If a payment later fails, is reversed, or is charged back, we may suspend or downgrade access immediately. Any temporary premium access during troubleshooting is discretionary.
(g) Refund. All payments made are non-refundable. Once a payment is successfully processed, refunds will generally not be provided. However, you may submit a refund request by contacting our support team. Such requests will be reviewed on a case-by-case basis, and any decision to issue a refund will be made at our sole discretion.
You must not: (a) violate applicable law; (b) infringe or misappropriate any intellectual property, privacy, or publicity rights; (c) a bypass, disable, or interfere with security features, usage limits, or digital rights management; (e) use bots or automated means to scrape, harvest, or export Content, recommendations, or models; (f) publish benchmarks or performance results regarding the Services without our prior written consent; (g use the Services to build or train a competing dataset, product, or service; (h) use outputs from the Services as the sole basis for high-risk or regulated eligibility decisions without appropriate human review and compliance controls; (i) upload UGC that is unlawful, defamatory, harassing, hateful, or otherwise harmful and (j) reverse engineer, decompile, or otherwise derive source code from the Services except to the limited extent that such activity is expressly permitted by applicable law.
The Services may interoperate with Third-Party Services, including Nihilent’s own proprietary products, including but not limited to Emoscape, and other cloud providers. When we engage Third-Party Services to help us provide the Services, those third parties act as our service providers or sub-processors under written terms that require confidentiality, security, and restricted use of your information solely to deliver the Services. Your access to independent platforms such as Apple and Google is subject to those platforms’ own terms. We are not responsible for independent services that we do not control.
We continually iterate on the Services using controlled experiments, staged rollouts, feature flags, and model updates. As a result, features, models, user interfaces, and performance characteristics may differ among users over time. We may add, modify, limit, or remove features at any time. Experimental features, previews, and beta releases (collectively, "Beta Features") are provided solely for evaluation and may be subject to additional or updated terms. Beta Features may be less reliable or less accurate than generally available features and may adversely affect Device performance, battery life, or data usage. We may collect diagnostic information and telemetry from Beta Features to improve the Services, as described in the Privacy Policy. We may set usage caps or access windows and may discontinue a Beta Feature at any time without notice. Your decision to enable Beta Features is voluntary, and you agree that Beta Features are provided on an "as is" and "as available" basis and may never be released generally.
The services including the app, the site, the content, the scan features, all insights, analytics, dashboards, scores, classifications, inferences, recommendations, prompts, and any outputs generated or displayed by the services are provided “as is” and “as available.”To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, availability, and uninterrupted or error-free operation.
The services do not provide medical, mental-health, legal, financial, employment, or other professional advice. Any information or outputs are for general informational and wellness purposes only. You must obtain advice from qualified professionals for decisions that could affect your health, safety, finances, employment, housing, legal rights, or similar matters. We shall not be liable for any (i) wrong information, improper suggestions, reports, being given on the site and app, (ii) any type of inconvenience, bodily injury, or death of the user due to, use of the site and app , (iii), we shall also not be liable for any medical eventualities that might occur subsequent to using the services or on the basis of the information available on the site and app.
You understand and agree that the services use artificial intelligence and machine-learning models that operate probabilistically. The outputs may be incomplete, incorrect, misleading, untimely, offensive, unsafe, or otherwise unsuitable for your context (sometimes described as “hallucinations”). Model outputs may vary for the same or similar inputs and may change over time as models are retrained or re-configured. You are solely responsible for evaluating the accuracy and appropriateness of any output for use case and for applying independent judgment and safeguards, including human review where appropriate.
You must not rely on the services as the sole source of truth for any high-risk use case. You agree to implement reasonable human oversight, validation, and risk-appropriate controls before you act on outputs especially for health-related, safety-critical, financial, employment, housing, credit, or other regulated decisions.
The services may exhibit biases and limitations that reflect training data, design choices, or context. We do not represent or warrant that outputs will be fair, unbiased, or free of harmful content. You are responsible for reviewing outputs for potential bias and for using the services in a manner that complies with applicable anti-discrimination, consumer-protection, and other laws.
We do not warrant that the services will be uninterrupted, timely, secure, or free from errors, viruses, or other harmful components. Access may be suspended, limited, or interrupted for maintenance, upgrades, outages, or events beyond our reasonable control. You are responsible for maintaining appropriate backups of any data you input into or generate through the services. We do not guarantee the retention of your data, and we may impose storage or retention limits consistent with our privacy policy and these terms. We may update, replace, or retire models, datasets, parameters, safety systems, or other components at any time. Such changes may materially alter the behavior, accuracy, or availability of outputs. We have no obligation to maintain backward compatibility or to continue providing particular outputs or features.
We may but are not obligated to monitor prompts, uploads, UGC, or outputs. You understand that outputs may be auto-generated without human review. You rely on the services at your own risk. The services do not provide emergency or crisis support, and they are not monitored for such communications. If you believe you may harm yourself or others, or if you require immediate assistance, you must call your local emergency number or contact appropriate crisis resources immediately. Do not rely on the services for emergency communications, dispatch, or real-time monitoring.
To the fullest extent permitted by law, Nihilent and its affiliates, officers, directors, employees, and agents are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; or for loss of profits, revenue, goodwill, data, or business interruption, arising out of or related to the Services or these Terms. In no event will our aggregate liability for all claims exceed the greater of USD 100 or the amounts you paid to us for the Services in the twelve (12) months preceding the event giving rise to liability. Nothing in these Terms excludes liability that cannot be limited under applicable law.
You will defend, indemnify, and hold harmless Nihilent and its affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your UGC; (b) your breach of these Terms; (c) your violation of law or third-party rights; or (d) misuse of the Services. We may participate in the defense with counsel of our choice at your expense.
We may suspend or terminate your access to the Services immediately for breach, fraud, non-payment (where applicable), legal or security risk, or discontinuation of features. You may terminate at any time by deleting your account. Sections that by their nature should survive will survive termination.
These jurisdiction-specific provisions apply in addition to the foregoing, based on your residency. If you reside in one of the jurisdictions below, its terms apply to you.
(a) United States (U.S. Residents)
Governing Law and Venue. These Terms are governed by the laws of the State of California, excluding its conflict-of-laws rules. For any court proceedings permitted below, the state or federal courts located in San Francisco, California have exclusive jurisdiction and venue.
Binding Arbitration; Class Waiver. Any dispute or claim arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The seat and venue of arbitration will be San Francisco, California. Class or representative actions are not permitted; claims must be brought on an individual basis.
Opt-Out. You may opt out of arbitration by emailing notices@nsepia.com within thirty (30) days of first accepting these Terms, stating your full name and mailing address.
(b) India (India Residents)
Governing Law. These Terms are governed by the laws of India.
Arbitration; Seat; Forum. Any dispute will be referred to and finally resolved by binding arbitration under the Arbitration and Conciliation Act, 1996, seated in Pune, Maharashtra, before a sole arbitrator. Proceedings will be conducted in English. If arbitration is unavailable, the courts of Pune, Maharashtra will have exclusive jurisdiction. Either party may seek interim relief from competent courts to preserve rights pending arbitration.
You will comply with applicable export-control and sanctions laws and may not use or export the Services where prohibited or for prohibited end uses. You will comply with applicable anti-bribery and anticorruption laws, including the U.S. Foreign Corrupt Practices Act and India’s Prevention of Corruption Act.
We are not liable for delay or failure to perform due to events beyond our reasonable control, including acts of God, labor disputes, supply chain failures, Internet or hosting outages, or government action.
We may modify, suspend, or discontinue features of the Services and may update these Terms. We will provide notice of material changes where required by law. Continued use after the effective date constitutes acceptance.
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or asset transfer. Apple Inc., Google LLC, and their affiliates are intended third-party beneficiaries of the App Store Purchases provisions and may enforce those provisions to the extent they relate to purchases made through their platforms. No other third-party beneficiaries are intended.
If any provision of these Terms is held unenforceable, the remainder will remain in full force and effect. A failure to enforce any provision is not a waiver. Headings are for convenience only. “Including” means “including without limitation.” These Terms (together with any applicable additional terms and the Privacy Policy) constitute the entire agreement between you and Nihilent regarding the Services and supersede all prior or contemporaneous understandings on the same subject.