Terms of Service

Effective Date: July 20, 2025

Last Updated: July 20, 2025

1. Agreement to Terms

By downloading, installing, or using the NIXR mobile application (“App”), you agree to be bound by these Terms of Service (“Terms”). If you disagree with any part of these terms, you do not have permission to access the App.

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2. Description of Service

NIXR is a nicotine cessation support application provided by Colorfull, Inc. (“we,” “us,” or “our”). The App provides:

Progress tracking for quitting nicotine (cigarettes, vaping, chewing tobacco, pouches)
Peer support through our buddy system
AI-powered coaching through Nova
Journaling and mood tracking tools
Achievement and milestone tracking
Educational content and resources

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3. Eligibility

Age Requirement

You must be at least 18 years old to use NIXR. By using the App, you represent and warrant that you meet this age requirement.

Medical Disclaimer

NIXR is not a medical device or medical service. The App:

Does not provide medical advice, diagnosis, or treatment
Should not replace professional medical care
Is intended for informational and support purposes only

Always consult with a qualified healthcare provider before making decisions about quitting nicotine or changing your health behaviors.

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4. Account Registration

Account Types

Anonymous Accounts: Use the App without providing personal information
Registered Accounts: Create an account with email for additional features

Account Responsibilities

You are responsible for:

Maintaining the confidentiality of your account
All activities that occur under your account
Notifying us of any unauthorized use

Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

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5. User Conduct

Acceptable Use

You agree to use NIXR only for lawful purposes and in accordance with these Terms. You agree not to:

Use the App in any way that violates any applicable law or regulation
Impersonate or attempt to impersonate another user or person
Upload or transmit viruses or any other type of malicious code
Engage in any other conduct that restricts or inhibits anyone’s use of the App

Community Guidelines

When interacting with other users through the buddy system:

Be respectful and supportive
Do not share harmful or triggering content
Respect other users’ privacy
Report inappropriate behavior to our support team

Content Standards

User-generated content (journal entries, messages) must not:

Contain illegal, offensive, or harmful material
Infringe on intellectual property rights
Include personal information of others without consent
Promote dangerous behaviors

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6. Intellectual Property

Our Content

The App and its original content (excluding user content), features, and functionality are owned by Colorfull, Inc. and are protected by international copyright, trademark, and other intellectual property laws.

Your Content

You retain ownership of content you create in the App. By posting content, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, and display your content in connection with providing the service.

Feedback

Any feedback, suggestions, or ideas you provide about the App become our property and may be used without compensation to you.

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7. Privacy

Your use of NIXR is also governed by our Privacy Policy. Please review our Privacy Policy, which also governs the App and informs users of our data collection practices.

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8. Subscriptions and Purchases

Premium Features

NIXR offers premium features through subscription plans:

Monthly subscription
Yearly subscription
Lifetime access option

Payment Terms

Subscriptions automatically renew unless canceled
Payment charged to your App Store or Google Play account
Manage subscriptions through your device settings

Refunds

All purchases are final and non-refundable, except as required by law or platform policies (Apple App Store, Google Play Store).

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9. Third-Party Services

The App uses third-party services that have their own terms:

Apple Health: Health data integration (iOS only)
Payment Processors: Apple Pay, Google Pay, RevenueCat
Analytics: Usage data for service improvement

Your use of third-party services is subject to their respective terms and policies.

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10. Disclaimers

“As Is” Service

NIXR is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to:

Merchantability
Fitness for a particular purpose
Non-infringement
Accuracy or reliability of content

No Guarantee of Results

We do not guarantee that:

The App will help you quit nicotine
The App will be uninterrupted or error-free
Defects will be corrected
The App is free of viruses or harmful components

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11. Limitation of Liability

To the maximum extent permitted by law, Colorfull, Inc. shall not be liable for any:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, data, use, goodwill, or other intangible losses
Damages exceeding $100 or the amount paid by you to us in the past 12 months

This limitation applies regardless of the theory of liability and whether we have been advised of the possibility of such damages.

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12. Indemnification

You agree to defend, indemnify, and hold harmless Colorfull, Inc. and its officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, or expenses arising from:

Your use of the App
Your violation of these Terms
Your violation of any rights of another
Your user content

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13. Termination

By You

You may stop using the App at any time and may request account deletion through the App settings or by contacting support@nixrapp.com.

By Us

We may terminate or suspend your account immediately, without prior notice, for:

Breach of these Terms
Conduct we believe is harmful to other users
Legal requirements

Effect of Termination

Upon termination:

Your right to use the App ceases immediately
We may delete your account and data (subject to our Privacy Policy)
Provisions that should survive termination will remain in effect

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14. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes:

We will update the “Last Updated” date
Notify you through the App or via email (for registered users)
Changes become effective upon posting unless otherwise stated

Your continued use of the App after changes constitutes acceptance of the modified Terms.

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15. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Delaware.

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16. Dispute Resolution

Informal Resolution

Before filing a claim, you agree to try to resolve any dispute informally by contacting us at legal@nixrapp.com.

Binding Arbitration

If we cannot resolve a dispute informally, all disputes will be resolved through binding arbitration in accordance with the American Arbitration Association rules.

Class Action Waiver

You agree to bring claims only in your individual capacity and not as part of any class or representative action.

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17. General Provisions

Entire Agreement

These Terms constitute the entire agreement between you and Colorfull, Inc. regarding the use of NIXR.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force.

Waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

Assignment

We may assign or transfer these Terms; you may not assign or transfer these Terms without our consent.

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18. Contact Information

For questions about these Terms of Service, please contact us at:

Colorfull, Inc.

Email: legal@nixrapp.com

Support: https://nixrapp.com/support

For support issues: support@nixrapp.com

For privacy concerns: privacy@nixrapp.com

By using NIXR, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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