Terms of Service

Effective Date: November 26, 2025

‍Last Updated: November 26, 2025

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These Terms of Service ("Terms") govern your use of the NIXR application, website, and related services ("Service"), operated by Colorfull, Inc. ("NIXR," "we," "us," or "our"). By using NIXR, you agree to these Terms and to our Privacy Policy.

If you do not agree, do not use the Service.

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1. Overview

NIXR is a nicotine-cessation support application with tools that include progress tracking, educational content, journaling, and an AI-powered coach. The Service is not medical advice and is not intended to replace professional healthcare.

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2. Eligibility

To use NIXR, you must:

Be 18 years or older
Have the legal capacity to enter into a binding agreement
Not be prohibited from using the Service under applicable law
Not have been previously terminated or banned from NIXR

If we discover you are under 18, we will immediately delete your account.

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3. Your Account

3.1 Account Types

Anonymous Accounts – You may use NIXR without providing an email. Anonymous accounts cannot be recovered if the app is deleted.
Registered Accounts – You may register using an email, Apple, or Google login. Registration enables account recovery and certain features.

3.2 Your Responsibilities

You agree to:

Maintain the confidentiality of your login credentials
Ensure your account information is accurate
Notify us immediately of unauthorized access
Not share, transfer, or sell your account

We are not responsible for loss arising from your failure to secure your account.

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4. Subscriptions and Payments

All purchases are processed through the Apple App Store or Google Play Store.
Subscriptions automatically renew unless canceled at least 24 hours before renewal.
You can manage your subscription in your device settings.
Deleting NIXR does not cancel your subscription.

Refunds – Refunds must be requested directly through Apple or Google. NIXR cannot issue refunds.

Free Trials – Free trials are determined by Apple/Google and are available once per account.

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5. Medical Disclaimer

NIXR is not a medical provider and does not provide:

Medical advice or diagnosis
Professional therapy or counseling
Medication recommendations
Emergency or crisis intervention

Always seek professional medical advice for any health-related condition. If you are in crisis, call 911, 988, or local emergency services.

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6. Acceptable Use

You agree not to:

Violate any applicable law
Harass, threaten, or harm others
Use bots, scrapers, or automated tools
Attempt to access areas of the Service without permission
Disrupt or interfere with the Service
Upload harmful, infringing, or deceptive content
Misuse the AI coach to generate illegal or harmful content

We may suspend or terminate accounts for violations.

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7. User Content

"User Content" includes journal entries, check-ins, AI coach conversations, profile info, and feedback.

7.1 Your Rights

You retain ownership of your User Content.

7.2 License to NIXR

You grant us a limited license to:

Store and display your content
Process it to provide the Service
Analyze anonymized data to improve features

We do not sell your content.

7.3 Removal

You may delete your content at any time. Account deletion removes your content within 30 days.

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8. AI Coach (Nova)

Nova provides supportive, motivational responses using AI technology.

Nova is not a therapist, doctor, or counselor.
Nova may generate inaccurate or incomplete information.
Nova cannot contact emergency services.

Private Mode – Messages sent in Private Mode are not saved and are deleted when you end the session.

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9. Wearable Devices

You may choose to connect devices such as WHOOP, Oura, Apple Health, Fitbit, or Garmin.

By connecting a device, you permit us to access the health metrics you authorize.
You may disconnect at any time.
Wearable platforms have their own terms and privacy policies.

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10. Intellectual Property

NIXR, including its branding, content, code, and AI features, is owned by Colorfull, Inc.

You may not copy, modify, or distribute NIXR's content without written permission.
If you submit feedback, we may use it without compensation.

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11. Third-Party Services

NIXR uses third-party services, including:

Apple / Google
Supabase
Anthropic
RevenueCat
Sentry
Expo
Cloudinary

Your use of those services is subject to their policies. We are not responsible for third-party content or availability.

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12. Disclaimers

The Service is provided "as-is" and "as available."

We make no warranties, including:

That NIXR will help you quit nicotine
That the Service will be error-free or uninterrupted
That content is accurate or reliable

Your use of NIXR is at your sole risk.

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13. Limitation of Liability

To the fullest extent permitted by law:

We are not liable for indirect, incidental, special, or consequential damages
Our total liability to you will not exceed the amount you paid us in the past 12 months or $100, whichever is greater

Some jurisdictions do not allow these limits; they may not apply to you.

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14. Indemnification

You agree to indemnify and hold harmless NIXR from claims arising from:

Your use of the Service
Your violation of these Terms
Your User Content
Your violation of others' rights

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15. Termination

We may suspend or terminate your account at any time, including for violations of these Terms or illegal activity.
You may delete your account at any time.
Deleting the app does not cancel your subscription.

Sections relating to intellectual property, disclaimers, limitations, and dispute resolution survive termination.

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16. Dispute Resolution and Arbitration

This section applies to users in the United States.

16.1 Informal Resolution

Before filing a claim, you must notify us at legal@nixrapp.com and attempt to resolve the dispute informally for 60 days.

16.2 Binding Arbitration

If unresolved, disputes will be resolved through binding arbitration conducted by the American Arbitration Association (AAA).

16.3 Class Action Waiver

You agree to resolve disputes individually and not as part of a class or representative action.

16.4 Opt-Out

You may opt out of arbitration by emailing legal@nixrapp.com within 30 days of first using NIXR.

Users in the EU/UK are not subject to this arbitration clause.

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17. Governing Law

These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law principles.

Disputes not subject to arbitration must be brought in courts located in New Castle County, Delaware.

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18. Changes to These Terms

We may update these Terms periodically. Material changes will be communicated via the app or email. If you continue to use NIXR after changes become effective, you accept the updated Terms.

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19. General Terms

These Terms constitute the entire agreement between you and NIXR
If any part is unenforceable, the rest remains in effect
You may not transfer your rights under these Terms
Our failure to enforce a right is not a waiver

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20. Contact Us

Colorfull, Inc.

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Summary

Eligibility – Must be 18 or older
Payments – Managed through App Store / Play Store
Refunds – Only through Apple/Google
AI Coach – Not a doctor, therapist, or counselor
Data – You own your content; we protect it
Arbitration – US users only; opt-out available
Termination – Both parties may terminate

By using NIXR, you agree to these Terms of Service.

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