NexAura Terms of Use

Version: 1.0   Effective Date: July 18, 2026   Last Updated: July 18, 2026

The Terms of Use Agreement also serves as the End User License Agreement (“EULA”) for the NexAura mobile application distributed through the Apple App Store and Google Play Store. For users who download the NexAura mobile application through the Apple App Store or Google Play Store, these Terms govern your use of the application in addition to any applicable terms and conditions imposed by the respective app store provider.

These Terms of Use (“Terms”) constitute a legally binding agreement between NexAura AI LLC (“NexAura,” “Company,” “we,” “our,” or “us”) and each individual or entity (“you,” “your,” or “User”) who accesses or uses the Platform.

Please read these Terms carefully before creating an account or using the Platform. By selecting “I Agree,” creating an account, beginning a Membership trial, purchasing a Membership, or otherwise accessing or using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and any policies incorporated by reference, including the NexAura Privacy Policy.

If you do not agree to these Terms, you must not access or use the Platform.

Part I — Introduction

1. Welcome to NexAura

Welcome to NexAura, The AI Wellness Platform.

NexAura is designed to help individuals improve their overall well-being through intelligent, personalized, and adaptive wellness experiences. The Platform combines artificial intelligence, user preferences, wellness information, connected health technologies, and user-authorized automation to provide recommendations, insights, planning tools, and wellness experiences that support healthier lifestyle choices.

Unlike traditional wellness applications that primarily collect or display information, NexAura includes Aura, an intelligent AI Wellness Agent capable of generating personalized recommendations and performing certain User-Authorized AI Actions within the Platform.

The Platform is intended to support nutrition, fitness, recovery, habit formation, wellness tracking, and related lifestyle activities through continuously evolving AI-powered features.

Our mission is to empower users to make more informed wellness decisions while maintaining user control, transparency, and privacy throughout the experience.

2. Our Principles

NexAura has been designed around the following guiding principles. These principles help explain how the Platform operates and how Aura interacts with users. These principles are intended to complement, but not replace, the legally binding provisions contained throughout these Terms.

2.1 User Control

You remain in control of your wellness journey.

Aura performs actions only within the permissions, settings, instructions, or workflows that you authorize through the Platform.

Where functionality is available, you may review, modify, reject, or revoke certain AI-generated recommendations and User-Authorized AI Actions.

2.2 Wellness First

The Platform is designed to support healthier lifestyles through education, planning, motivation, and intelligent automation.

The Platform is not intended to replace licensed healthcare professionals or professional medical judgment.

2.3 Transparency

Certain recommendations, analytics, summaries, and other outputs generated by Aura are created automatically using artificial intelligence.

Although NexAura continually improves its AI Features, automated outputs may not always be accurate, complete, or appropriate for every individual or circumstance.

Users should exercise independent judgment before acting upon recommendations generated through the Platform.

2.4 Privacy by Design

Protecting user privacy is a core design principle of the Platform.

NexAura seeks to process only the information reasonably necessary to provide requested functionality, personalize the user experience, improve Platform performance, maintain security, and comply with applicable legal obligations.

Our collection, use, storage, and disclosure of personal information are described in greater detail within the NexAura Privacy Policy.

2.5 Continuous Improvement

The Platform continuously evolves.

New features, AI capabilities, analytics, automation, integrations, and functionality may be introduced, modified, suspended, or discontinued over time as part of NexAura's ongoing product development.

Purchasing a Membership or using the Platform does not guarantee that any future feature discussed in marketing materials, demonstrations, product roadmaps, or public announcements will be released.

3. Acceptance of these Terms

These Terms govern your access to and use of:

By selecting “I Agree,” creating an account, purchasing a Membership, beginning a free trial, or otherwise accessing or using the Platform, you:

If you do not agree with these Terms, you must immediately discontinue use of the Platform.

4. Eligibility

To use the Platform, you represent and warrant that:

If you create or use an account on behalf of an organization or another person, you represent that you possess authority to bind that organization or person to these Terms.

NexAura reserves the right to suspend or terminate any account that fails to satisfy these eligibility requirements.

5. Definitions

For purposes of these Terms:

“AI Features” means any artificial intelligence, machine learning, predictive analytics, generative AI, automation, or intelligent functionality made available through the Platform, including Aura and future AI-powered capabilities.

“Aura” means NexAura's AI Wellness Agent that provides personalized wellness recommendations and performs User-Authorized AI Actions within the Platform.

“Membership” means the paid subscription that provides access to premium features of the Platform.

“Platform” means the NexAura AI Wellness Platform, including the mobile applications, software, websites, APIs, AI Features, analytics, integrations, content, databases, and related technologies operated by NexAura.

“User Content” means any information, photographs, images, recordings, journal entries, wellness information, comments, messages, or other content submitted by you through the Platform.

“User-Authorized AI Actions” means actions performed by Aura within the Platform after receiving your instruction, authorization, permission, or configuration through your account settings or Platform workflows.

“Wellness Information” means information you choose to provide regarding your nutrition, fitness, recovery, lifestyle, goals, habits, preferences, health profile, medications, wearable devices, and other wellness-related information used to personalize the Platform.

Part II — Your Account

6. Creating Your Account

To access the Platform, you must create a personal NexAura account (“Account”).

When creating an Account, you agree to:

You may register using an email address or another authentication method supported by the Platform, including Sign in with Apple or Sign in with Google, where available.

Your Account is personal to you and may not be sold, transferred, shared, rented, or assigned without NexAura's prior written consent.

NexAura reserves the right to refuse registration or terminate Accounts that violate these Terms or present a security, fraud, or legal risk.

7. Identity Verification

To protect Users and maintain the integrity of the Platform, NexAura may require identity verification before allowing access to certain features.

Verification methods may include:

Verification requirements may change as the Platform evolves.

Successful verification does not constitute a guarantee of any person's identity, honesty, qualifications, or conduct.

8. Account Security

You are responsible for maintaining the security of your Account.

This includes:

You are responsible for activities conducted through your Account unless they result directly from NexAura's failure to implement commercially reasonable security measures.

NexAura may temporarily suspend access where unusual activity suggests unauthorized access, fraud, or other security concerns.

9. Electronic Communications

By creating an Account or using the Platform, you consent to receive electronic communications from NexAura.

These communications may include:

You agree that electronic communications satisfy any legal requirement that communications be provided in writing.

Marketing communications are optional and may be declined or unsubscribed from at any time. However, you cannot opt out of communications that are necessary to operate your Account or comply with legal obligations.

10. Electronic Signatures and Consent

The Platform allows Users to enter into legally binding agreements electronically.

By selecting “I Agree,” beginning a Membership trial, purchasing a Membership, updating these Terms, or otherwise interacting with electronic consent mechanisms provided by NexAura, you:

You may request copies of legally required notices as permitted by applicable law.

11. User Responsibilities

As a condition of using the Platform, you agree to:

You remain solely responsible for decisions relating to your nutrition, exercise, medications, recovery, lifestyle, and wellness activities.

Nothing within the Platform transfers responsibility for your personal decisions to NexAura.

12. Availability of Your Account

NexAura uses commercially reasonable efforts to make the Platform available continuously.

However, temporary interruptions may occur due to:

NexAura does not guarantee uninterrupted access to the Platform.

13. Suspension and Termination

NexAura may suspend, restrict, or terminate your Account immediately if we reasonably determine that:

Where appropriate and practical, NexAura will use commercially reasonable efforts to notify you before permanently terminating your Account and may provide an opportunity to resolve the issue.

Nothing in this section limits NexAura's ability to suspend or terminate an Account immediately when necessary to protect Users, comply with legal obligations, or preserve the security or integrity of the Platform.

14. Effect of Account Termination

Upon termination of your Account:

Termination of your Account does not affect provisions of these Terms that are intended to survive termination, including provisions relating to intellectual property, payment obligations, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and any accrued rights or obligations.

Part III — Membership

15. Membership

NexAura offers a paid Membership that provides access to premium features and functionality available through the Platform.

Your Membership grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Platform in accordance with these Terms for the duration of your active Membership.

Membership does not convey ownership of the Platform, Aura, AI Features, software, content, or any intellectual property owned by NexAura or its licensors.

Membership benefits are personal to you and may not be transferred, assigned, resold, sublicensed, or shared except where expressly authorized by NexAura.

The Platform continuously evolves. Accordingly, Membership provides access to the features, AI capabilities, and functionality that NexAura makes available during your active Membership, subject to these Terms.

16. Seven-Day Free Trial

Eligible new Users may receive a seven (7) day free trial of Membership.

The availability, eligibility requirements, and duration of the trial are determined solely by NexAura and may vary by jurisdiction, device, promotional campaign, or applicable app store policies.

A valid payment method may be required before beginning a free trial.

Unless cancelled before the trial period ends, the Membership will automatically convert to a paid Membership using the pricing and billing cycle presented during enrollment.

NexAura reserves the right to modify, limit, or discontinue free trial offers at any time.

Nothing in these Terms guarantees that every User will receive a free trial.

17. Membership Fees

Membership fees are displayed before you confirm your purchase.

Depending on the options offered at the time of purchase, Membership may be available as a monthly or annual plan.

All applicable taxes, fees, or governmental charges required by law will be added where appropriate.

You authorize the applicable app store to charge the payment method associated with your account for all Membership fees and applicable taxes.

Membership pricing may differ by country or region.

18. Purchases Through Apple and Google

At launch, Membership purchases are available exclusively through:

All purchases, billing, renewals, cancellations, refunds, and payment processing are additionally governed by the applicable terms and policies of Apple or Google.

Where a conflict exists between these Terms and mandatory requirements imposed by the applicable app store, the applicable app store requirements will govern solely with respect to billing and payment processing.

NexAura does not directly process payment card information for app store purchases.

19. Automatic Renewal

Unless you cancel before the end of your current billing period, your Membership automatically renews for successive billing periods of the same duration.

By purchasing a Membership, you expressly authorize recurring billing through the applicable app store until your Membership is cancelled.

Renewal charges will be processed by the applicable app store using the payment method associated with your account.

You are responsible for maintaining a valid payment method.

20. Failed Payments

If a renewal payment cannot be completed for any reason, including expired payment methods, insufficient funds, payment refusal, chargebacks, or other billing failures, access to Membership features may be suspended until payment is successfully processed.

Repeated payment failures may result in termination of Membership.

21. Cancelling Membership

You may cancel your Membership at any time.

Memberships purchased through the Apple App Store must be cancelled through your Apple Account subscription settings.

Memberships purchased through Google Play must be cancelled through your Google Play subscription settings.

Deleting the Platform from your device does not cancel your Membership.

Unless otherwise required by law or applicable app store policies, cancellation prevents future renewal charges but does not provide a refund for the current billing period.

22. Refunds

Refund requests are governed by the refund policies of the app store through which your Membership was purchased.

NexAura does not independently issue refunds for purchases processed by Apple or Google unless otherwise required by applicable law.

Nothing in this section limits any non-waivable consumer rights that apply under applicable law.

23. Membership Changes

NexAura continually develops and improves the Platform.

Accordingly, Membership benefits may evolve over time.

NexAura may introduce, modify, suspend, replace, or discontinue:

The purchase of a Membership does not guarantee access to any future feature before it is officially released.

24. Product Roadmap

From time to time, NexAura may publish, discuss, preview, or demonstrate planned features, AI capabilities, integrations, or other enhancements.

These communications are provided for informational purposes only and do not constitute a promise, commitment, or contractual obligation to develop, release, or maintain any particular feature, functionality, or timeline.

Development priorities may change based on technical, legal, operational, or business considerations.

25. Beta and Early Access Features

NexAura may make certain features available as beta, preview, experimental, pilot, or early access functionality.

These features:

Your use of beta features is voluntary and at your own risk.

Feedback you provide regarding beta features may be used by NexAura to improve the Platform, subject to these Terms and the Privacy Policy.

26. Promotional Offers

From time to time, NexAura may offer promotional pricing, referral incentives, discounted Memberships, employer-sponsored Memberships, or other promotional programs.

Unless expressly stated otherwise:

27. Future Membership Models

As the Platform evolves, NexAura may introduce additional Membership options, enterprise offerings, family plans, student pricing, employer-sponsored access, marketplace services, or other commercial models.

Nothing in these Terms obligates NexAura to maintain any particular Membership structure indefinitely.

Part IV — Aura and AI Features

28. Aura

Aura is NexAura's intelligent AI Wellness Agent.

Aura is designed to help you interact with the Platform through natural language, voice, structured inputs, and other supported interactions.

Unlike traditional chatbots, Aura is capable of both generating recommendations and performing certain User-Authorized AI Actions within the Platform.

Aura is intended to simplify wellness planning by helping you organize information, personalize recommendations, automate routine wellness tasks, and support healthier lifestyle decisions.

Aura is part of the Platform and is governed by these Terms.

29. AI Features

The Platform includes AI-powered capabilities (“AI Features”) that may assist you with wellness planning, personalization, education, automation, analytics, and other functionality.

Examples of AI Features may include:

The availability of individual AI Features may vary based on your Membership, device, geographic location, Platform version, or staged feature rollout.

30. User-Authorized AI Actions

One of the distinguishing capabilities of Aura is the ability to perform User-Authorized AI Actions within the Platform.

A User-Authorized AI Action is any action that Aura performs after receiving your request, instruction, approval, permission, or other authorization through the Platform.

Examples include:

Aura performs only those actions that are available within the Platform and that you have authorized.

31. User Authorization and Consent

By requesting, approving, or enabling a User-Authorized AI Action, you authorize Aura to perform that action within the Platform.

Authorization may occur through:

Certain actions may require additional confirmation before completion.

You remain responsible for reviewing actions performed on your behalf.

32. Adaptive Personalization

Aura continuously personalizes your experience using information that you choose to provide and your interactions with the Platform.

Depending on the AI Features you use, Aura may consider:

Adaptive personalization is intended to improve your experience but does not guarantee improved accuracy or results.

33. User Control

NexAura is designed around the principle that you remain in control of your wellness information.

Where functionality is available, you may:

The availability of these controls may vary depending on the feature.

34. AI Limitations

AI Features are intended to support—not replace—your independent judgment.

AI-generated outputs may occasionally be:

You should review recommendations before acting upon them and consult qualified professionals where appropriate.

35. Human Oversight

Although Aura may automate certain tasks, you remain responsible for reviewing information maintained within your Account.

You should periodically review:

Where functionality permits, you may correct, edit, or update information maintained within your Account.

36. AI Availability

AI Features depend upon internet connectivity, cloud infrastructure, third-party service providers, computing resources, and other technical components.

Accordingly, AI Features may occasionally be unavailable, delayed, or limited due to:

NexAura will use commercially reasonable efforts to maintain the availability of AI Features but does not guarantee uninterrupted operation.

37. AI Model Updates

NexAura may update, improve, replace, retrain, fine-tune, or discontinue AI models used within the Platform.

As a result:

Nothing in these Terms guarantees that AI outputs will remain identical over time.

38. Third-Party AI Providers

To provide AI Features, NexAura may use artificial intelligence technologies, cloud computing services, or machine learning infrastructure provided by third parties.

These providers may process information solely as necessary to support the Platform and in accordance with NexAura's instructions, contractual obligations, and applicable law.

The use of third-party AI infrastructure does not imply endorsement of the Platform by those providers.

39. AI Safety and Appropriate Use

You agree not to use Aura or any AI Feature to:

NexAura may suspend or terminate access to AI Features if it reasonably determines that they are being misused.

40. Future AI Features

Artificial intelligence is rapidly evolving.

NexAura expects to introduce additional AI capabilities over time.

Future AI Features may include:

Nothing in these Terms obligates NexAura to release any future AI Feature discussed in marketing materials, demonstrations, product roadmaps, investor presentations, or other communications.

Part V — Health, Wellness, and Specialized Features

41. Purpose of the Platform

NexAura is an AI Wellness Platform designed to help Users develop and maintain healthier lifestyles through personalized wellness planning, education, intelligent automation, and progress tracking.

The Platform supports Users by providing AI Features that assist with nutrition, fitness, recovery, wellness habits, and related lifestyle activities.

The Platform is intended to support general wellness and healthy living. It is not intended to diagnose, treat, cure, monitor, or prevent any disease, illness, injury, or medical condition.

42. No Medical Advice

The Platform does not provide medical advice.

Neither NexAura, Aura, nor any AI Feature is a licensed physician, registered dietitian, psychologist, psychiatrist, pharmacist, physical therapist, nurse, or other licensed healthcare professional.

Information provided through the Platform—including recommendations, wellness plans, summaries, reminders, analytics, educational content, and AI-generated outputs—is intended solely for general informational and wellness purposes.

You should always consult a qualified healthcare professional regarding questions involving:

Nothing within the Platform should be interpreted as creating a healthcare provider-patient relationship.

43. Emergencies

The Platform is not designed or intended to respond to emergency situations.

Do not rely on Aura or any AI Feature during a medical emergency or mental health crisis.

If you believe that you or another person is experiencing:

immediately contact 911, your local emergency services, or the appropriate emergency provider in your jurisdiction.

Aura may not recognize emergency situations and should never be relied upon to provide emergency assistance.

44. Personalized Wellness Plans

The Platform may generate personalized nutrition plans, fitness plans, recovery plans, wellness plans, habit plans, or other recommendations.

These plans are generated using information that you choose to provide and may adapt over time as your goals, preferences, and activity change.

Personalized plans are intended to support healthier lifestyle decisions.

They do not constitute individualized medical treatment or professional healthcare advice.

45. Adaptive Wellness Planning

One of the core capabilities of the Platform is adaptive wellness planning.

Aura may modify future recommendations based upon:

Adaptive planning is intended to improve personalization and convenience but does not guarantee any particular outcome.

46. Nutrition Features

Nutrition-related AI Features may include:

These recommendations are generated using available information and should be reviewed before use.

You remain responsible for considering allergies, food intolerances, medical conditions, dietary restrictions, religious dietary practices, and advice from qualified healthcare professionals.

NexAura does not guarantee the nutritional accuracy of third-party food databases, restaurant information, or grocery product information.

47. Fitness Features

Fitness-related AI Features may include:

Physical activity involves inherent risks.

Before beginning or modifying an exercise program, consult a qualified healthcare professional, particularly if you have an existing medical condition, injury, or physical limitation.

You are responsible for exercising within your own capabilities and stopping any activity that causes pain, dizziness, shortness of breath, or other concerning symptoms.

48. Restore Features

Restore Features are intended to support general recovery and wellness.

Restore Features may include:

Restore Features are not intended to diagnose or treat mental health disorders and should not replace care provided by licensed mental health professionals.

49. Medication and Supplement Tracking

The Platform may allow Users to record medications, supplements, vitamins, treatments, or wellness routines and receive reminders that they configure.

Medication reminders are provided solely as a convenience.

Users remain solely responsible for:

NexAura does not verify medication information entered by Users and is not responsible for missed reminders resulting from disabled notifications, device settings, connectivity issues, user error, or circumstances beyond NexAura's reasonable control.

50. Health Scores and Wellness Analytics

The Platform may generate proprietary wellness scores, analytics, and insights designed to help Users understand trends and monitor progress.

Examples may include:

These scores:

Scores may change over time as AI models, methodologies, and Platform capabilities evolve.

51. Body Scan and Wellness Imaging

The Platform may include AI-powered body scans, progress imaging, posture assessments, body composition estimates, wellness visualizations, or transformation previews.

These features are designed to help Users monitor wellness progress and visualize potential outcomes.

Body scans and visualizations:

Transformation previews are illustrative and are not guarantees of future physical appearance or results.

52. Wearables and Connected Health Services

The Platform may integrate with supported wearable devices and health platforms, including Apple Health, Health Connect, Garmin, Fitbit, Oura, Samsung Health, and other supported services.

These integrations are optional and require your authorization.

NexAura does not control third-party devices or services and is not responsible for inaccuracies, interruptions, delays, outages, or changes to third-party integrations.

Revoking permissions or disconnecting integrations may limit the functionality of certain AI Features.

53. Wellness Goals and Progress Tracking

The Platform may assist Users in establishing wellness goals and tracking progress toward those goals.

Progress indicators, completion percentages, streaks, milestones, estimated timelines, and projected outcomes are provided solely for informational and motivational purposes.

Individual results vary significantly.

NexAura makes no representation or guarantee that any wellness goal will be achieved within a particular timeframe or at all.

54. Future Health and Wellness Features

The Platform is continuously evolving.

NexAura may introduce additional wellness capabilities, AI Features, analytics, integrations, assessments, educational resources, or other functionality over time.

Unless expressly stated otherwise, future health and wellness features will be governed by these Terms upon their release.

Nothing in these Terms obligates NexAura to release any future feature, assessment, integration, or capability that has been discussed, previewed, demonstrated, or included in marketing materials or product roadmaps.

Part VI — User Content, Community, and Social Features

55. User Content

The Platform allows you to upload, create, submit, record, store, or otherwise provide information (“User Content”).

User Content may include, but is not limited to:

You retain ownership of your User Content.

Nothing in these Terms transfers ownership of your User Content to NexAura.

56. License Granted to NexAura

To operate the Platform, you grant NexAura a worldwide, non-exclusive, royalty-free, transferable (solely as necessary to operate the Platform), sublicensable (solely to service providers acting on our behalf), revocable license to:

solely for the purposes of:

This license ends when your User Content is deleted from the Platform, except to the extent retention is required by law, necessary to resolve disputes, protect the security of the Platform, or as otherwise described in the Privacy Policy.

57. User Representations

You represent and warrant that:

You remain solely responsible for the User Content you submit.

58. Feedback

We welcome suggestions, ideas, enhancement requests, bug reports, feature requests, and other feedback regarding the Platform (“Feedback”).

If you voluntarily submit Feedback, you grant NexAura a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use, modify, incorporate, commercialize, and otherwise exploit that Feedback without compensation to you.

Submitting Feedback does not create any confidential relationship between you and NexAura.

59. Community Standards

If you participate in community features, you agree to interact respectfully and responsibly.

You must not:

NexAura reserves the right to remove content or restrict access where we reasonably believe it violates these Terms or threatens the safety, security, or integrity of the Platform.

60. Social Features

The Platform may provide optional social features, including:

Participation in these features is entirely voluntary.

You control the information you choose to share through available privacy settings.

NexAura does not verify the identity, qualifications, or intentions of other Users and cannot guarantee the accuracy of information shared by Users.

61. Challenges and Competitions

The Platform may include individual or group wellness challenges.

Challenges are intended solely for motivational and educational purposes.

Participation is voluntary.

Users remain responsible for exercising within their own abilities and consulting healthcare professionals before participating in activities that may affect their health.

NexAura reserves the right to modify, suspend, or discontinue challenges at any time.

62. Social Sharing

The Platform may allow you to share wellness information, achievements, progress, badges, wellness plans, or other content through social media platforms or other third-party services.

You are responsible for deciding what information you share publicly.

Once information is shared outside the Platform, it may become publicly available and no longer be controlled by NexAura.

63. User Interactions

You are solely responsible for your interactions with other Users.

If you choose to communicate with, meet, or otherwise interact with another User, you do so entirely at your own risk.

NexAura does not conduct background checks on Users and makes no representations regarding any User's identity, qualifications, conduct, or intentions.

64. Marketplace Services (Future)

The Platform may, in the future, allow Users to connect with third-party professionals or service providers, including personal trainers, registered dietitians, nutrition coaches, wellness coaches, mental health professionals, physicians, or other providers.

Unless expressly stated otherwise:

Nothing in these Terms obligates NexAura to introduce or maintain Marketplace Services.

65. Removal of Content

NexAura may remove, restrict, or disable access to User Content if we reasonably believe that it:

Where appropriate, NexAura may notify you and provide an opportunity to address the issue before permanently removing User Content.

65A. AI-Generated Content

The Platform may generate content using Aura and other AI Features (“AI-Generated Content”).

AI-Generated Content may include, but is not limited to:

AI-Generated Content is produced automatically based on the information you provide, your interactions with the Platform, your preferences, and other available information.

AI-Generated Content is intended solely to support your personal use of the Platform and your general wellness journey.

Although NexAura uses commercially reasonable efforts to improve the quality of AI-generated outputs, AI-Generated Content:

You remain solely responsible for reviewing AI-Generated Content before relying upon or acting on it.

Where functionality is available, you may edit, regenerate, replace, modify, or delete AI-Generated Content generated for your Account.

Unless expressly authorized by NexAura or otherwise permitted by applicable law, AI-Generated Content generated through the Platform may not be represented as originating from licensed professionals or used in a manner that is false, misleading, fraudulent, or unlawful.

Nothing in this section transfers ownership of NexAura's underlying AI models, software, algorithms, prompts, workflows, proprietary methodologies, or other intellectual property used to generate AI-Generated Content.

Part VII — Intellectual Property, Platform Rights, and Acceptable Use

66. Ownership of the Platform

The Platform, including all Platform Content, software, source code, object code, applications, user interfaces, visual designs, workflows, graphics, icons, logos, trademarks, service marks, trade dress, databases, documentation, APIs, AI Features, proprietary methodologies, analytics, algorithms, machine learning systems, recommendation engines, wellness scoring methodologies, and all other intellectual property associated with the Platform are owned by or licensed to NexAura AI LLC and are protected by United States and international intellectual property, copyright, trademark, patent, trade secret, and other applicable laws.

Except for the limited rights expressly granted under these Terms, no ownership rights are transferred to you.

67. Limited License to Use the Platform

Subject to your compliance with these Terms and your active Membership where applicable, NexAura grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your personal, non-commercial wellness purposes.

This license does not grant you any ownership interest in the Platform or any portion of its intellectual property.

Any rights not expressly granted remain reserved by NexAura.

68. Platform Content

Platform Content includes all content owned by or licensed to NexAura and made available through the Platform, including:

Platform Content does not include User Content or AI-Generated Content created specifically for an individual User.

Except as expressly permitted by these Terms, Platform Content may not be copied, modified, distributed, republished, publicly displayed, commercially exploited, or otherwise used without NexAura's prior written permission.

69. Artificial Intelligence and Proprietary Technology

Aura, AI Features, recommendation engines, personalization systems, adaptive planning systems, wellness scoring methodologies, AI workflows, prompts, automation logic, machine learning models, and related technologies are proprietary technologies developed by or licensed to NexAura.

Your use of the Platform does not grant ownership of, or any right to access, the underlying:

Nothing in these Terms permits reverse engineering or extraction of NexAura's AI systems except where expressly required by applicable law.

70. Trademarks

“NexAura,” “Aura,” the NexAura logo, slogans, service names, product names, graphics, and other brand identifiers are trademarks or service marks of NexAura AI LLC or its licensors.

Nothing contained in these Terms grants you a license to use NexAura trademarks without prior written authorization.

You may not use NexAura branding in a manner that suggests sponsorship, endorsement, partnership, or affiliation where none exists.

71. Copyright Policy

NexAura respects the intellectual property rights of others and expects Users to do the same.

If you believe that material available through the Platform infringes your copyright or other intellectual property rights, you may submit a written notice to NexAura's designated copyright contact containing sufficient information to evaluate your claim.

NexAura reserves the right to remove allegedly infringing material and, where appropriate, terminate the Accounts of repeat infringers in accordance with applicable law.

72. Restrictions on Use

Except as expressly permitted by these Terms or applicable law, you may not:

You also agree not to use the Platform to develop or improve a competing product or service.

73. Acceptable Use

You agree to use the Platform responsibly and lawfully.

You must not use the Platform to:

NexAura may investigate suspected violations and take appropriate action, including suspension or termination of Accounts.

74. Platform Security

To protect the Platform and its Users, NexAura implements commercially reasonable administrative, technical, and organizational safeguards.

Security measures may include:

You agree not to interfere with or attempt to bypass these security measures.

75. Open Source Software

Certain components of the Platform may include software licensed under open source licenses.

Nothing in these Terms limits your rights under applicable open source licenses.

Where required, NexAura will make applicable open source license notices available.

76. Export Compliance

You agree to comply with all applicable export control, sanctions, and trade laws governing your use of the Platform.

You represent that you are not:

NexAura reserves the right to restrict access where necessary to comply with applicable law.

77. Reservation of Rights

Except for the limited rights expressly granted under these Terms, NexAura reserves all rights, title, and interests in and to the Platform, Platform Content, Aura, AI Features, software, technologies, trademarks, trade secrets, proprietary methodologies, and all related intellectual property.

No license or right shall be implied by estoppel or otherwise.

Part VIII — Data, Privacy, and AI Governance

78. Privacy Commitment

Your privacy is important to NexAura.

NexAura is committed to collecting, using, storing, processing, and protecting personal information responsibly and in accordance with applicable privacy and data protection laws.

Our detailed data handling practices are described in the NexAura Privacy Policy, which is incorporated into these Terms by reference.

By using the Platform, you acknowledge that you have reviewed the Privacy Policy and understand that the collection and processing of your information is necessary for the operation of the Platform.

79. Information You Choose to Provide

The Platform allows you to voluntarily provide information that enables personalization and AI-powered functionality.

Depending on the AI Features you use, this information may include:

Providing this information is voluntary. However, certain Platform features may not function properly without information reasonably necessary to provide those features.

80. Platform Permissions

Certain AI Features require your permission before accessing information or functionality available on your device or through connected services.

Depending on the features you choose to use, the Platform may request permission to access:

You control whether to grant these permissions and may revoke them through your device settings or Platform settings where available.

Revoking permissions may disable or limit certain AI Features.

81. Connected Devices and Third-Party Integrations

The Platform may connect with third-party applications, wearable devices, health platforms, nutrition services, fitness platforms, or other technologies that you authorize.

These integrations are optional.

You control whether to connect third-party services and what permissions to grant.

NexAura is not responsible for the availability, accuracy, functionality, security, privacy practices, or performance of third-party services.

Your use of third-party services remains subject to the applicable agreements between you and those providers.

82. How Aura Uses Information

Aura uses information that you choose to provide together with information generated through your use of the Platform to:

Aura processes only the information reasonably necessary to perform the functionality you request or authorize.

83. AI Processing

To provide AI Features, certain information submitted through the Platform may be processed using artificial intelligence technologies operated by NexAura or trusted third-party service providers acting on NexAura's behalf.

Processing may include:

AI processing is performed solely for the purposes of operating, improving, securing, and personalizing the Platform in accordance with these Terms and the Privacy Policy.

84. Data Security

NexAura implements commercially reasonable administrative, technical, and organizational safeguards designed to protect personal information from unauthorized access, disclosure, alteration, destruction, or misuse.

These safeguards may include:

No method of electronic storage or transmission is completely secure. Accordingly, NexAura cannot guarantee absolute security.

85. Data Retention

NexAura retains personal information only for as long as reasonably necessary to:

Retention periods vary depending on the nature of the information, applicable legal requirements, and legitimate business needs.

When information is no longer required, NexAura will use commercially reasonable efforts to securely delete, anonymize, or de-identify it unless continued retention is required by law.

86. Account Deletion

You may request deletion of your Account at any time through the Platform or by contacting NexAura Support.

Upon receiving a valid request, NexAura will process your request in accordance with applicable law.

Certain information may be retained after deletion where reasonably necessary to:

Where practical, retained information will be isolated from routine operational use.

87. De-Identified and Aggregated Information

NexAura may create information that has been de-identified, anonymized, or aggregated so that it no longer reasonably identifies an individual User.

Subject to applicable law, NexAura may use such information to:

De-identified and aggregated information is not considered personal information once it can no longer reasonably identify an individual.

88. Cross-Border Data Processing

The Platform may use infrastructure, cloud services, or service providers located in different countries.

By using the Platform, you acknowledge that your information may be processed in jurisdictions outside your country of residence, subject to appropriate legal safeguards and applicable law.

89. AI Governance

NexAura is committed to the responsible development and deployment of AI Features.

In operating Aura and other AI Features, NexAura seeks to:

AI technologies continue to evolve, and NexAura may modify its governance practices as technology, regulations, and industry standards develop.

90. Changes to Privacy Practices

NexAura may update its Privacy Policy and related data practices from time to time.

Where required by applicable law, NexAura will provide notice of material changes through the Platform or by other reasonable means.

Continued use of the Platform following the effective date of updated privacy practices constitutes acceptance of those changes to the extent permitted by law.

Part IX — Disclaimers, Warranties, and Limitation of Liability

91. Platform Provided “AS IS”

Except as expressly stated in these Terms, the Platform is provided on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis.

NexAura makes no representation or warranty that the Platform will:

Nothing in this section limits warranties that cannot lawfully be excluded.

92. No Professional Advice

The Platform provides general wellness information and AI-generated recommendations.

Nothing within the Platform constitutes or should be interpreted as:

Users should seek advice from appropriately qualified professionals before making decisions that may materially affect their health, safety, finances, or legal rights.

93. AI-Generated Information

AI Features generate information automatically based on available data, user inputs, and machine learning technologies.

AI-generated outputs may:

You acknowledge that AI-generated outputs require human judgment and review.

You remain responsible for evaluating recommendations before acting upon them.

94. No Guaranteed Results

Every individual responds differently to nutrition, exercise, recovery, and wellness interventions.

Accordingly, NexAura does not guarantee that use of the Platform will result in:

Actual results depend upon numerous factors beyond NexAura's reasonable control.

95. Third-Party Information and Services

The Platform may display or rely upon information obtained from third parties, including wearable device manufacturers, health platforms, food databases, restaurants, grocery providers, mapping services, and other service providers.

NexAura does not independently verify all third-party information and is not responsible for:

References to third-party products or services do not constitute an endorsement by NexAura unless expressly stated.

96. Device and Internet Requirements

Certain AI Features require:

NexAura is not responsible for limitations caused by incompatible devices, operating systems, network interruptions, insufficient bandwidth, or failures of third-party infrastructure.

97. Platform Availability

NexAura uses commercially reasonable efforts to maintain the availability and reliability of the Platform.

However, the Platform may be temporarily unavailable due to:

Temporary interruptions do not constitute a breach of these Terms.

98. User Responsibility

You remain solely responsible for:

Nothing within the Platform transfers responsibility for your personal decisions to NexAura.

99. Limitation of Liability

To the maximum extent permitted by applicable law, NexAura AI LLC and its affiliates, officers, directors, employees, contractors, licensors, service providers, successors, and assigns shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages arising out of or relating to your access to or use of the Platform, including damages for:

even if NexAura has been advised of the possibility of such damages.

100. Cap on Liability

To the maximum extent permitted by applicable law, NexAura's total cumulative liability arising out of or relating to these Terms or the Platform shall not exceed the greater of:

This limitation does not apply to liability that cannot legally be limited under applicable law.

101. Indemnification

You agree to defend, indemnify, and hold harmless NexAura AI LLC, its affiliates, officers, directors, employees, contractors, licensors, successors, assigns, and service providers from and against any third-party claims, actions, liabilities, damages, judgments, settlements, penalties, losses, costs, and reasonable attorneys' fees arising out of or relating to:

This indemnification obligation does not apply to claims resulting from NexAura's gross negligence, willful misconduct, fraud, or other liability that cannot legally be excluded under applicable law.

102. Force Majeure

NexAura shall not be liable for any delay or failure to perform its obligations under these Terms to the extent caused by events beyond its reasonable control, including:

During such events, NexAura's obligations shall be suspended only for the duration reasonably necessary to address the event and resume operations.

103. No Waiver of Non-Waivable Rights

Nothing in these Terms is intended to exclude, restrict, or limit any consumer rights or legal protections that cannot lawfully be waived or limited under applicable law.

Where a provision of this Part conflicts with mandatory law, that provision shall be interpreted only to the extent necessary to comply with such law, and the remaining provisions shall remain in full force and effect.

Part X — Dispute Resolution, Governing Law, and Legal Claims

104. Our Goal to Resolve Disputes Fairly

NexAura values its relationship with Users and is committed to resolving disputes efficiently, fairly, and in good faith whenever possible.

Before initiating formal legal proceedings, both you and NexAura agree to make reasonable efforts to resolve disputes informally in accordance with this Part.

Nothing in this section limits either party's right to seek immediate relief where necessary to prevent imminent harm, protect intellectual property, preserve confidential information, or comply with applicable law.

105. Informal Resolution

If you have a dispute with NexAura, you agree to first contact us by submitting written notice describing:

NexAura will review your notice and make commercially reasonable efforts to resolve the dispute informally.

Both parties agree to participate in good faith discussions for at least thirty (30) days before initiating arbitration or court proceedings, unless applicable law permits immediate legal action.

106. Agreement to Arbitrate

Except where prohibited by applicable law or expressly excluded under these Terms, disputes arising out of or relating to these Terms or your use of the Platform shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules in effect at the time the arbitration is commenced.

Arbitration shall be conducted by a single neutral arbitrator.

The arbitrator shall have authority to determine the validity, interpretation, applicability, and enforceability of these Terms, except where a court is required by law to determine such issues.

Judgment on the arbitration award may be entered in any court having jurisdiction.

107. Small Claims Court

Either you or NexAura may choose to pursue an eligible individual claim in a court of competent small claims jurisdiction instead of arbitration, provided that:

108. Class Action Waiver

To the fullest extent permitted by applicable law, all disputes shall be resolved only on an individual basis.

You and NexAura each waive any right to:

except where such waiver is prohibited by applicable law.

If any portion of this waiver is determined to be unenforceable, only that portion shall be severed, and the remaining provisions shall remain enforceable.

109. Jury Trial Waiver

Where arbitration does not apply and where permitted by applicable law, both you and NexAura knowingly and voluntarily waive any right to a trial by jury for disputes arising out of or relating to these Terms or the Platform.

110. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Platform shall be governed by the laws of the State of Texas, without regard to its conflict of law principles.

Nothing in these Terms limits any mandatory consumer protection rights that apply under the laws of your jurisdiction and cannot legally be waived.

111. Venue

If a dispute is not subject to arbitration and is not eligible for small claims court, the parties agree that the state or federal courts located in Travis County, Texas shall have exclusive jurisdiction over such dispute, except where applicable law requires another venue.

Each party irrevocably submits to the personal jurisdiction of those courts.

112. Injunctive Relief

Nothing in these Terms prevents either party from seeking temporary, preliminary, or permanent injunctive or equitable relief in a court of competent jurisdiction where necessary to:

Seeking such relief does not waive the obligation to arbitrate any remaining claims.

113. Time Limit for Claims

To the maximum extent permitted by applicable law, any claim arising out of or relating to these Terms or the Platform must be commenced within one (1) year after the claim arose or reasonably should have been discovered.

Claims not brought within that period are permanently barred.

This limitation does not apply where a longer limitations period is required by applicable law.

114. Recovery of Costs

Unless otherwise required by applicable law or determined by the arbitrator or court, each party shall bear its own attorneys' fees, expert fees, and litigation costs.

The arbitrator or court may award costs and fees where authorized by applicable law or where a party has acted in bad faith, pursued frivolous claims, or otherwise abused the dispute resolution process.

115. Continued Performance

Unless prohibited by law, both parties agree to continue performing their respective obligations under these Terms during the pendency of any dispute, except where performance has become impossible or where continued performance would result in material harm.

116. International Users

If you access the Platform from outside the United States, you acknowledge that:

Where applicable law prohibits certain dispute resolution provisions contained in this Part, those provisions shall apply only to the extent permitted by law.

Part XI — General Provisions

117. Entire Agreement

These Terms, together with the NexAura Privacy Policy and any additional policies, notices, disclosures, or supplemental terms expressly incorporated by reference, constitute the complete and exclusive agreement between you and NexAura regarding your access to and use of the Platform.

These Terms supersede all prior or contemporaneous oral or written communications, representations, proposals, negotiations, and agreements relating to the same subject matter.

Nothing in these Terms limits any rights that cannot be waived under applicable law.

118. Changes to These Terms

NexAura may update these Terms from time to time to reflect changes in:

When required by applicable law, NexAura will provide reasonable notice of material changes through the Platform, email, or other appropriate means.

Unless applicable law requires additional consent, your continued use of the Platform after the effective date of updated Terms constitutes your acceptance of those updated Terms.

If you do not agree with the updated Terms, you must discontinue use of the Platform.

119. Changes to the Platform

The Platform is continuously evolving.

NexAura may, at any time and without liability, introduce, modify, improve, suspend, replace, or discontinue any portion of the Platform, including:

NexAura will use commercially reasonable efforts to avoid unnecessary disruption but does not guarantee that every feature will remain available indefinitely.

120. Assignment

You may not assign, delegate, transfer, sublicense, or otherwise dispose of your rights or obligations under these Terms without NexAura's prior written consent.

NexAura may assign or transfer these Terms, in whole or in part, without your consent in connection with:

These Terms are binding upon and benefit the parties and their respective successors and permitted assigns.

121. Severability

If any provision of these Terms is determined by a court or arbitrator of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be interpreted to the minimum extent necessary to make it enforceable or, if necessary, severed from these Terms.

The remaining provisions shall remain in full force and effect.

122. No Waiver

The failure of NexAura to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Any waiver by NexAura must be in writing and signed by an authorized representative of NexAura.

A waiver on one occasion does not constitute a continuing waiver of any subsequent breach.

123. Survival

The provisions of these Terms that by their nature are intended to survive termination shall remain in effect following termination of your Account or Membership, including, without limitation:

124. Relationship of the Parties

Nothing in these Terms creates or shall be construed as creating any:

between you and NexAura.

Your use of the Platform does not authorize you to act on behalf of NexAura or bind NexAura in any manner.

125. No Third-Party Beneficiaries

Except where expressly provided in these Terms, these Terms are intended solely for the benefit of you and NexAura.

No third party shall have any right to enforce any provision of these Terms solely by virtue of these Terms.

126. Notices

NexAura may provide notices to you through:

You agree to keep your contact information current.

Notices are deemed received:

127. Headings

Section titles and headings are included solely for convenience.

They do not affect the interpretation of these Terms.

128. Language

These Terms are written in the English language.

Translations may be provided for convenience only.

If a translated version conflicts with the English version, the English version shall control to the extent permitted by applicable law.

129. Contact Information

If you have questions regarding these Terms, the Platform, or your Membership, you may contact NexAura using the following information:

NexAura AI LLC

Email: support@nexaura.ai

Website: https://www.nexaura.ai

130. Electronic Acceptance

By selecting “I Agree,” tapping “Accept,” creating an Account, beginning a free trial, purchasing a Membership, or otherwise accessing or using the Platform, you:

If you do not agree to these Terms, you must not access or use the Platform.