Nuvio Connect — Terms of Service

1. Agreement and accounts

Effective date: 10/16/2026

These Terms of Service (“Terms”) are an agreement between you and Nuvio, Inc. (“Nuvio,” “we,” “us”) for your use of the Nuvio Connect app, the Nuvio device, and related services (the “Services”). By creating an account or using the Services, you agree to these Terms and acknowledge our Privacy Policy.

IMPORTANT: Section 6 requires most disputes to be resolved by individual binding arbitration and waives your right to a jury trial or class action. You may opt out within 30 days, as explained there.

Eligibility. You must be at least 18 years old and live in the United States to create an account. You may not set up a device for anyone under 18.

Your account. Provide accurate information and keep your password and verification codes secure. You are responsible for activity on your account. Tell us promptly at [email protected] if you think someone else has accessed it.

2. Not medical advice

Nuvio Connect is a general wellness product that helps you understand walking and activity. It is not a medical device and is not intended to diagnose, treat, cure, monitor, or prevent any disease or condition.

  • Insights, ranges, summaries, and Learn articles are for general information only. They are not medical advice and do not replace a healthcare professional.
  • Measurements are estimates and may be inaccurate, delayed, or missing, for example if the device is not worn, not charged, or not synced.
  • Nuvio Connect is not an emergency or fall-alert service. Do not rely on it to know whether someone is safe. In an emergency, call 911.
  • Talk to a doctor before starting an exercise program, or if you have concerns about your health or someone else’s.

3. Devices, managed accounts, and sharing

The Nuvio device. You may pair a device by serial number or QR code. Use it according to its instructions. Don’t tamper with, reverse engineer, or modify its firmware. Device purchase, warranty, and returns are covered by separate terms.

Setting up a device for someone else. You may set up and manage a device for another adult only if you have their consent or legal authority to act for them (for example, as guardian or under a power of attorney). You must not use the Services to monitor anyone secretly or against their wishes. You are responsible for that person’s data while you manage it, and we may suspend a managed account if this consent or authority is missing.

Ownership transfer. If you add the person’s email and they create an account with it, they become the owner of their account and data, and decide whether you keep access. Until then, you remain the owner. Once a transfer is complete, it can be reversed only by the new owner.

Sharing. You can invite others to view data using a code, link, or QR code. Share only with people you trust, and only data you have the right to share. Invites expire, and you can remove an invite or a person’s access at any time. People you share with must use the data only to support the person it is about, and may not copy, publish, or misuse it. We are not responsible for what people you share with do with data they have seen.

4. Your data, use, fees, and ownership

Your data. You own the data you and your devices provide. You give Nuvio a limited license to host, process, and display it only to provide and improve the Services, as described in our Privacy Policy. This license ends when the data is deleted, except for copies people you shared with already saw and backups awaiting deletion.

Acceptable use. You agree not to:

  • Use the Services to track, stalk, or harass anyone, or without the required consent.
  • Access another person’s account or data without permission, or share invite codes publicly.
  • Interfere with, overload, scrape, or try to bypass the security of the Services.
  • Copy, modify, reverse engineer, or resell the app or device software.
  • Use the Services for anything illegal or to violate anyone’s rights.

Fees. The Services are currently free. If we introduce paid features, we will tell you the price and terms in advance, and you will not be charged unless you agree.

Our property. Nuvio owns the app, device software, design, Learn content, and trademarks. We give you a personal, non-transferable, revocable license to use the app on devices you own or control, subject to these Terms. If you send us feedback, we may use it without obligation to you.

5. Disclaimers, liability, and indemnity

Disclaimers. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, NUVIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES OR MEASUREMENTS WILL BE ACCURATE, UNINTERRUPTED, OR ERROR-FREE.

Limitation of liability. TO THE FULLEST EXTENT ALLOWED BY LAW, NUVIO WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST DATA OR PROFITS. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR $100.

Some states do not allow these limits, so they may not fully apply to you. Nothing in these Terms limits liability for gross negligence, willful misconduct, or anything that cannot be limited by law.

Indemnity. You agree to defend and indemnify Nuvio against third-party claims arising from your misuse of the Services, your violation of these Terms, or your setting up or sharing someone’s data without the consent or authority required by Section 3.

6. Termination and disputes

Termination. You can stop using the Services and delete your account at any time from the Menu. We may suspend or end your access if you violate these Terms, if required by law, or if we discontinue the Services, with notice where reasonable. If we discontinue the Services, we will give at least 30 days’ notice so you can download your data. Sections 4 (Your data, Our property), 5, 6, and 7 survive termination.

Informal resolution first. Before filing a claim, contact us at [email protected] and give us 60 days to try to resolve it.

Binding arbitration. If we can’t resolve it, you and Nuvio agree that any dispute relating to the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, not in court. Either party may instead bring an individual claim in small claims court. Arbitration will take place in your county of residence or by video. Nuvio will pay arbitration fees beyond the amount you would pay to file in court.

Class action waiver. Claims may be brought only individually, not as a plaintiff or class member in any class, collective, or representative proceeding.

Opt out. You can opt out of arbitration by emailing [email protected] within 30 days of first accepting these Terms, with your name and a statement that you opt out.

Governing law. These Terms are governed by the laws of Massachusetts, without regard to conflict-of-law rules. Any claim not subject to arbitration will be brought in the state or federal courts in Middlesex County, Massachusetts.

7. App stores, changes, and general terms

App stores. You may download the app from Apple’s App Store, Google Play, or another authorized app store (each an “App Store”). Your use of the app must also follow the terms of the App Store you got it from. These Terms are between you and Nuvio, not the App Store provider. The App Store provider is not responsible for the app or its content, and has no obligation to provide maintenance or support for it. Nuvio, not the App Store provider, is responsible for product liability, legal compliance, consumer protection, and intellectual property claims about the app.

Additional terms for Apple devices. If you downloaded the app from Apple’s App Store:

  • If the app fails to meet an applicable warranty, you may notify Apple for a refund of any purchase price; Apple has no other warranty obligation.
  • You confirm you are not in a US-embargoed country or on a US government restricted-party list.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Changes. We may update these Terms. For material changes, we will notify you in the app or by email at least 30 days before they take effect. Continuing to use the Services after that means you accept the changes. Changes to Section 6 will not apply to disputes already pending.

General. These Terms and the Privacy Policy are the entire agreement between you and Nuvio about the Services. If any part is unenforceable, the rest stays in effect. Our failure to enforce a term is not a waiver. You may not transfer these Terms; we may transfer them in a merger, acquisition, or sale of assets.

Contact. Nuvio, Inc., One Mifflin Place, Suite 400, Cambridge, MA, 02138 [email protected]