Terms of Service

1. Acceptance of Terms

1.1 Agreement to Terms

By downloading, installing, accessing, or using the Nuvio mobile application ("App," "Application," "Service," or "Nuvio"), you ("User," "you," or "your") expressly acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms," "Agreement," or "Terms of Service"). This Agreement is entered into between you and Nuvio ("we," "us," "our," or "Company").

1.2 Binding Legal Agreement

THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT. BY USING THE APP, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL CAPACITY AND AUTHORITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE APP AND MUST IMMEDIATELY DELETE ANY INSTALLED COPIES.

1.3 Electronic Agreement

You agree that your use of the App constitutes your electronic signature to this Agreement and your consent to enter into agreements with us electronically. This electronic agreement has the same legal force and effect as a physically signed agreement.

1.4 Incorporation of Privacy Policy

Our Privacy Policy, available at nuviomm.com/privacy, is hereby incorporated into these Terms by reference. By agreeing to these Terms, you also agree to our Privacy Policy.

1.5 Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. Any modifications will be effective immediately upon posting on this page with an updated "Last Updated" date. Your continued use of the App following any modifications constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically for changes.

2. Definitions

For the purposes of these Terms of Service, the following definitions shall apply:

• "App" or "Application" means the Nuvio mobile application, including all updates, upgrades, new versions, and related services.
• "Content" means any text, data, information, graphics, images, photographs, audio, video, messages, or other materials.
• "Device" means any Apple iPhone, iPad, iPod Touch, or other compatible device on which you install or access the App.
• "Intellectual Property Rights" means all patent rights, copyright rights, trademark rights, trade secret rights, and any other proprietary rights recognized under applicable law.
• "Personal Information" has the meaning ascribed to it in our Privacy Policy and applicable privacy laws.
• "Third Party" means any individual, entity, or organization other than you or us.
• "User Content" means any data, information, or content that you input, create, or store using the App.
• "User" or "You" means the individual who downloads, installs, accesses, or uses the App.
• "We," "Us," "Our," or "Company" means Nuvio and its owner(s), operator(s), developer(s), and any affiliates.

3. App Description and Purpose

3.1 Nature of the App

Nuvio is a personal finance management application designed to help users organize and track their personal financial information, including but not limited to expenses, income, budgets, and loans. The App is an organizational and tracking tool only.

3.2 Local Operation

The App operates entirely locally on your Device. Key characteristics include:

• All data you enter is stored exclusively on your Device
• No internet connection is required for the App's core functionality
• No user accounts, registration, or sign-up is required
• No data is transmitted to external servers
• We have no access to any data you enter into the App

3.3 Intended Purpose

The App is intended solely for personal, non-commercial use as an organizational tool for tracking finances. The App is expressly NOT intended for:

• Providing financial advice, guidance, or recommendations
• Providing tax advice or preparation services
• Providing investment advice or recommendations
• Providing legal advice
• Making financial decisions on your behalf
• Connecting to financial institutions or accounts
• Processing financial transactions
• Commercial, business, or enterprise use

3.4 Free Service

The App is provided free of charge. We reserve the right to introduce paid features, subscriptions, or versions in the future, but will not charge for features that are currently free without providing notice and obtaining your consent.

4. Eligibility Requirements

4.1 Age Requirements

You must be at least thirteen (13) years of age to use this App. If you are between the ages of 13 and 18 (or the age of majority in your jurisdiction), you represent that you have obtained your parent's or legal guardian's permission to use the App and that they have read and agree to these Terms on your behalf.

4.2 Legal Capacity

By using the App, you represent and warrant that you have the legal capacity to enter into a binding agreement in your jurisdiction. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

4.3 Compliance with Laws

You represent and warrant that your use of the App will comply with all applicable federal, state, local, and international laws, rules, and regulations.

4.4 Geographic Restrictions

The App is available globally through the Apple App Store, subject to App Store availability in your region. You are responsible for ensuring that your download and use of the App complies with local laws in your jurisdiction.

5. License Grant

5.1 Limited License

Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial purposes, in accordance with these Terms and the Apple App Store Terms of Service.

5.2 Scope of License

This license permits you to:

• Download and install the App on compatible Devices you own or control
• Use the App for personal finance tracking and organization
• Create, modify, and delete data within the App
• Export data from the App using built-in export features
• Make reasonable backup copies of the App as permitted by your Device

5.3 License Restrictions

This license expressly does NOT permit you to, and you agree that you will not:

• Copy, modify, adapt, translate, or create derivative works of the App
• Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive the source code of the App
• Circumvent, disable, or interfere with any security features of the App
• Distribute, sublicense, lease, rent, loan, sell, resell, or transfer the App to any Third Party
• Make the App available over a network where it could be used by multiple devices simultaneously
• Use the App for any commercial purpose without our prior written consent
• Remove, alter, or obscure any proprietary notices, labels, or marks on the App
• Use the App in any manner that could damage, disable, overburden, or impair the App
• Use any robot, spider, scraper, or other automated means to access the App
• Introduce any viruses, trojan horses, worms, or other malicious code
• Attempt to gain unauthorized access to any portion of the App
• Use the App to violate any applicable law or regulation

5.4 Reservation of Rights

We reserve all rights not expressly granted to you in these Terms. The license granted herein does not constitute a sale of the App or any copy thereof.

6. Use Restrictions and Prohibited Conduct

6.1 Prohibited Uses

You expressly agree not to use the App to:

• Violate any federal, state, local, or international law, regulation, or ordinance
• Track, manage, or facilitate any illegal financial activities
• Engage in money laundering or terrorist financing
• Evade taxes or engage in tax fraud
• Engage in any fraudulent, deceptive, or misleading activity
• Infringe upon or violate the Intellectual Property Rights of others
• Harass, abuse, threaten, or intimidate any person
• Interfere with or disrupt the App or any servers or networks
• Attempt to probe, scan, or test the vulnerability of the App
• Impersonate any person or entity
• Collect or harvest any information about other users (if applicable)
• Use the App for any purpose other than personal finance tracking

6.2 Compliance Responsibility

You are solely responsible for ensuring that your use of the App complies with all applicable laws, rules, and regulations in your jurisdiction, including but not limited to tax laws, financial regulations, and data protection laws.

6.3 Consequences of Violation

Violation of these restrictions may result in termination of your license to use the App and may expose you to civil and/or criminal liability.

7. User Responsibility and Acknowledgments

7.1 Complete User Responsibility

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL AND SOLE RESPONSIBILITY FOR:

• Data Accuracy: The accuracy, completeness, correctness, and legality of all data, information, and content you enter into the App
• Data Entry: Any errors, omissions, or inaccuracies in data you enter
• Financial Decisions: All financial decisions you make, whether or not they are informed by, related to, or made in connection with the App
• Financial Consequences: Any and all financial consequences, losses, damages, or liabilities resulting from your financial decisions
• Data Security: The security of your Device and the data stored thereon
• Data Backup: Creating, maintaining, and verifying backups of your data
• Data Loss: Any loss, corruption, or destruction of your data from any cause whatsoever
• Device Security: Preventing unauthorized access to your Device and the App
• Legal Compliance: Ensuring your use of the App complies with all applicable laws
• Tax Compliance: Proper reporting and payment of all taxes

7.2 No Guarantee of Accuracy

We make no representations or warranties regarding the accuracy of any calculations, reports, summaries, or other outputs generated by the App. All such outputs are based solely on the data you enter and the App's algorithms, which may contain errors.

7.3 Verification Responsibility

You are solely responsible for independently verifying all information, calculations, and outputs provided by the App before making any financial decisions or taking any actions based thereon.

7.4 No Reliance

You agree that you will not rely solely on the App for any financial decisions and will consult appropriate professionals for financial, tax, legal, and other advice.

8. Financial Disclaimer

8.1 Not Financial Advice

THE APP IS NOT INTENDED TO PROVIDE, AND DOES NOT CONSTITUTE, FINANCIAL ADVICE, TAX ADVICE, LEGAL ADVICE, ACCOUNTING ADVICE, INVESTMENT ADVICE, OR ANY OTHER FORM OF PROFESSIONAL ADVICE.

8.2 No Professional Relationship

Your use of the App does not create any professional-client, fiduciary, advisory, or similar relationship between you and us. We are not:

• Registered investment advisers
• Licensed financial planners or advisors
• Certified public accountants
• Licensed tax preparers or advisors
• Attorneys or legal professionals
• Certified financial counselors
• Insurance agents or brokers
• Bank or credit union representatives
• Debt counselors or credit repair specialists
• Any other licensed financial professionals

8.3 Seek Professional Advice

BEFORE MAKING ANY FINANCIAL DECISIONS, INCLUDING BUT NOT LIMITED TO DECISIONS REGARDING INVESTMENTS, SAVINGS, SPENDING, TAXES, INSURANCE, RETIREMENT, ESTATE PLANNING, OR ANY OTHER FINANCIAL MATTERS, YOU SHOULD CONSULT WITH QUALIFIED, LICENSED PROFESSIONALS INCLUDING:

• Certified Financial Planners (CFP)
• Certified Public Accountants (CPA)
• Licensed Tax Professionals
• Registered Investment Advisers
• Licensed Attorneys
• Other appropriate licensed professionals

8.4 Informational Purposes Only

The App is provided solely for informational and organizational purposes. Any information, calculations, or reports generated by the App are for your personal reference only and should not be the sole basis for any financial decision.

8.5 No Endorsement

The App does not endorse, recommend, or promote any particular financial products, services, institutions, strategies, or decisions.

8.6 Assumption of Risk

You expressly acknowledge and agree that any reliance on the App for financial decisions is at your own risk, and you assume all risk of any financial losses or damages resulting from such reliance.

9. Accuracy and Calculation Disclaimer

9.1 No Guarantee of Accuracy

WHILE WE STRIVE TO PROVIDE A USEFUL TOOL, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR CORRECTNESS OF:

• Any calculations performed by the App
• Any reports or summaries generated by the App
• Any totals, subtotals, averages, or other computed values
• Any budget analyses or comparisons
• Any loan calculations or amortization schedules
• Any projections, estimates, or forecasts
• Any categorization or classification of transactions
• Any other output or functionality of the App

9.2 Potential for Errors

You acknowledge that the App may contain bugs, errors, defects, or inaccuracies that could result in incorrect calculations or outputs. We do not guarantee that the App will be error-free or that defects will be corrected.

9.3 User Verification Required

You are solely responsible for independently verifying all calculations, outputs, and information provided by the App. Do not rely on the App's outputs without independent verification.

9.4 Not for Official Purposes

The App's outputs are not intended for, and should not be used for, any official purposes including tax filings, legal proceedings, loan applications, financial audits, or any other official or legal purpose.

10. Data and Privacy

10.1 Zero Data Collection

As detailed in our Privacy Policy, we do not collect, receive, store, or have access to any data you enter into the App. All User Content remains exclusively on your Device.

10.2 Local Storage

All data you enter into the App is stored locally on your Device using Apple's Core Data framework. This data is never transmitted to us or any Third Party through the App.

10.3 Your Data, Your Control

You have complete and exclusive control over all data stored in the App. You may view, modify, export, or delete your data at any time using the App's features.

10.4 Data Loss

Because data is stored only on your Device, we cannot recover data that is lost due to any cause, including but not limited to:

• Device failure, damage, or malfunction
• Device loss or theft
• App uninstallation
• iOS updates or changes
• User error or accidental deletion
• Factory reset of your Device
• Any other cause whatsoever

10.5 Backup Responsibility

You are solely responsible for backing up your data. We strongly recommend regularly backing up your Device using iCloud Backup or local backups through Finder/iTunes.

10.6 Privacy Policy

For complete information about our privacy practices, please review our Privacy Policy at nuviomm.com/privacy.

11. Intellectual Property Rights

11.1 Ownership

The App, including but not limited to all source code, object code, software, algorithms, designs, graphics, user interface, visual elements, text, content, logos, trademarks, and documentation, is owned by us and is protected by United States and international copyright, trademark, patent, trade secret, and other Intellectual Property Rights and laws.

11.2 Copyright

The App and all Content therein are protected by copyright laws. You may not copy, reproduce, distribute, publish, display, modify, create derivative works from, or otherwise exploit the App or any Content without our prior written permission, except as expressly permitted by these Terms.

11.3 Trademarks

"Nuvio," the Nuvio logo, and any other product or service names, logos, or slogans that may appear in the App are trademarks of Nuvio and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the App are the property of their respective owners.

11.4 Your Content

You retain all ownership rights in the data and content you enter into the App ("User Content"). Because we do not collect or access your User Content, you do not grant us any rights to your User Content by using the App.

11.5 Feedback

If you provide us with any feedback, suggestions, ideas, comments, or other information regarding the App ("Feedback"), you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit such Feedback for any purpose without compensation or attribution to you.

11.6 DMCA

We respect the Intellectual Property Rights of others. If you believe that any content in the App infringes your copyright, please contact us at infow3bdev@gmail.com with a detailed description of the alleged infringement.

12. Disclaimers of Warranties

12.1 "As Is" and "As Available"

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

12.2 Disclaimer of All Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
• IMPLIED WARRANTIES OF NON-INFRINGEMENT
• IMPLIED WARRANTIES OF TITLE
• WARRANTIES OF ACCURACY, RELIABILITY, OR COMPLETENESS
• WARRANTIES OF UNINTERRUPTED OR ERROR-FREE OPERATION
• WARRANTIES OF SECURITY OR FREEDOM FROM VIRUSES
• WARRANTIES OF COMPATIBILITY WITH YOUR DEVICE
• WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE
• WARRANTIES THAT THE APP WILL MEET YOUR REQUIREMENTS
• WARRANTIES THAT DEFECTS WILL BE CORRECTED
• WARRANTIES REGARDING THE RESULTS OBTAINED FROM USE OF THE APP

12.3 No Warranty of Continuous Operation

We do not warrant that the App will be available at all times, or at any particular time, or that the App will be uninterrupted, timely, secure, or error-free.

12.4 Third Party Materials

We make no warranty regarding any Third Party materials, services, or content that may be accessed through or in connection with the App.

12.5 Jurisdictional Variations

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

13. Limitation of Liability

13.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT DAMAGES
• INCIDENTAL DAMAGES
• SPECIAL DAMAGES
• CONSEQUENTIAL DAMAGES
• PUNITIVE DAMAGES
• EXEMPLARY DAMAGES
• LOSS OF PROFITS, REVENUE, OR INCOME
• LOSS OF DATA OR DATA CORRUPTION
• LOSS OF USE OR FUNCTIONALITY
• LOSS OF GOODWILL OR REPUTATION
• LOSS OF BUSINESS OPPORTUNITIES
• COST OF SUBSTITUTE GOODS OR SERVICES
• PERSONAL INJURY OR PROPERTY DAMAGE
• ANY OTHER INTANGIBLE LOSSES

ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE APP, YOUR USE OF OR INABILITY TO USE THE APP, OR ANY CONTENT OR SERVICES OBTAINED THROUGH THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Specific Exclusions

WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM:

• Any errors, inaccuracies, or omissions in the App or its outputs
• Any calculations or computations performed by the App
• Any financial decisions you make using or based on the App
• Any loss of data or failure to backup data
• Any unauthorized access to your Device or data
• Any bugs, viruses, or other harmful code
• Any interruption, suspension, or termination of the App
• Any modifications, updates, or discontinuation of the App
• Any Third Party conduct or content
• Your reliance on the App or any information obtained through the App

13.3 Maximum Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY DOLLARS ($50.00 USD).

BECAUSE THE APP IS PROVIDED FREE OF CHARGE, YOU ACKNOWLEDGE THAT OUR MAXIMUM LIABILITY IS EFFECTIVELY FIFTY DOLLARS ($50.00 USD).

13.4 Essential Basis of Agreement

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE APP TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

13.5 Jurisdictional Variations

Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

14. Indemnification

14.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Nuvio, its owner(s), operator(s), developer(s), affiliates, officers, directors, employees, agents, licensors, suppliers, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your access to or use of the App
• Your violation of these Terms
• Your violation of any applicable law, rule, or regulation
• Your violation of any Third Party rights, including Intellectual Property Rights
• Any data or content you input, create, or store using the App
• Any financial decisions you make using or in connection with the App
• Any claims that your use of the App caused damage to a Third Party
• Your negligence or willful misconduct
• Any breach of your representations or warranties under these Terms

14.2 Defense and Settlement

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims. You agree not to settle any matter without our prior written consent.

14.3 Survival

Your indemnification obligations under this Section shall survive the termination or expiration of these Terms and your use of the App.

15. Termination

15.1 Your Right to Terminate

You may terminate this Agreement at any time by:

• Ceasing all use of the App
• Deleting or uninstalling the App from all your Devices

Upon uninstallation, all data stored by the App on your Device will be deleted.

15.2 Our Right to Terminate

We reserve the right, at our sole discretion, to:

• Terminate or suspend your license to use the App at any time, for any reason or no reason, with or without notice
• Discontinue, modify, or suspend the App or any features thereof at any time, with or without notice
• Remove the App from the App Store

15.3 Effect of Termination

Upon termination of this Agreement for any reason:

• Your license to use the App immediately terminates
• You must immediately cease all use of the App
• You must delete or destroy all copies of the App in your possession
• All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, limitations of liability, indemnification obligations, and dispute resolution provisions

15.4 No Liability for Termination

We shall not be liable to you or any Third Party for any termination, suspension, discontinuation, or modification of the App or your access thereto.

16. Modifications to Terms and App

16.1 Modifications to Terms

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. Modifications will be effective immediately upon posting on this page with an updated "Last Updated" date. We may, but are not obligated to, provide notice of material changes through the App Store, our website, or other means.

16.2 Your Responsibility to Review

It is your responsibility to periodically review these Terms for changes. Your continued use of the App following the posting of any modifications constitutes your acceptance of those modifications.

16.3 Modifications to App

We reserve the right to modify, update, improve, suspend, or discontinue any aspect of the App at any time, with or without notice, including but not limited to:

• Adding, modifying, or removing features and functionality
• Fixing bugs or errors
• Improving performance or security
• Changing the user interface or design
• Discontinuing the App entirely

16.4 No Liability for Modifications

We shall not be liable to you or any Third Party for any modification, suspension, or discontinuation of the App or any features thereof.

17. Governing Law and Jurisdiction

17.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.

17.2 Jurisdiction

Subject to the arbitration provisions below, you agree that any legal action or proceeding arising out of or relating to these Terms or the App shall be brought exclusively in the state or federal courts located in King County, Washington, United States. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.

17.3 Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP.

18. Dispute Resolution and Arbitration

18.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us at infow3bdev@gmail.com and attempt to resolve any dispute informally for at least thirty (30) days. Most concerns can be quickly resolved through informal communication.

18.2 Binding Arbitration

IF WE CANNOT RESOLVE A DISPUTE INFORMALLY, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION.

The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures or, if applicable, its Streamlined Arbitration Rules and Procedures. The arbitration shall take place in King County, Washington, unless both parties agree to a different location or to proceed by telephone or video conference. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

18.3 Arbitration Procedures

• The arbitration shall be conducted by a single arbitrator
• The arbitrator shall be selected in accordance with JAMS rules
• The arbitrator shall apply Washington State law
• The arbitrator may award any relief that a court could award
• The arbitrator's decision shall include a written statement of reasons
• The arbitration proceedings shall be confidential

18.4 Costs

Each party shall bear its own costs and attorneys' fees in any arbitration, unless the arbitrator determines that a claim or defense was frivolous or brought in bad faith, in which case the arbitrator may award reasonable attorneys' fees to the prevailing party.

18.5 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of Intellectual Property Rights.

18.6 Opt-Out

You may opt out of this arbitration agreement by sending written notice of your decision to opt out to infow3bdev@gmail.com within thirty (30) days of first accepting these Terms. Your notice must include your name and a clear statement that you wish to opt out of arbitration.

19. Class Action and Collective Action Waiver

19.1 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. YOU AGREE THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY.

19.2 No Consolidation

No arbitration or proceeding shall be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

19.3 Severability of Waiver

If any portion of this class action waiver is found to be unenforceable, then the entirety of this dispute resolution section shall be null and void with respect to such claims, and such claims shall be resolved in court in accordance with the governing law and jurisdiction provisions above.

20. Apple App Store Terms

20.1 App Store Terms

Your use of the App is also subject to the terms and conditions of the Apple App Store Terms of Service. In the event of any conflict between these Terms and the Apple App Store Terms of Service, the Apple App Store Terms of Service shall prevail with respect to your use of the App Store.

20.2 Apple as Third-Party Beneficiary

You acknowledge and agree that Apple, Inc., and its subsidiaries ("Apple") are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

20.3 Apple's Responsibilities

You acknowledge that:

• These Terms are between you and us, not Apple
• Apple has no obligation to furnish any maintenance or support services with respect to the App
• Apple is not responsible for any product warranties, whether express or implied
• Apple is not responsible for addressing any claims by you or any Third Party relating to the App
• Apple is not responsible for the investigation, defense, settlement, or discharge of any Third Party intellectual property infringement claim

20.4 Minimum Terms Required by Apple

The following terms are required by Apple:

• The license granted herein is limited to a non-transferable license to use the App on Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App
• You must comply with applicable Third Party terms of agreement when using the App

21. General Provisions

21.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the App or our website, constitute the entire agreement between you and us regarding the App and supersede all prior and contemporaneous agreements, proposals, representations, warranties, and understandings, whether written or oral, relating to the subject matter hereof.

21.2 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

21.3 Waiver

No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Nuvio.

21.4 Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate these Terms or any of our rights or obligations hereunder without restriction and without notice to you. Any attempted assignment in violation of this Section shall be null and void.

21.5 No Partnership

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, agency, or franchise relationship between you and us.

21.6 No Third-Party Beneficiaries

Except as expressly provided herein (such as with respect to Apple), these Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

21.7 Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, pandemics, epidemics, accidents, strikes, labor disputes, shortages of transportation, facilities, fuel, energy, labor, or materials, failure of telecommunications or information systems, or any other event beyond our reasonable control.

21.8 Headings

The section headings in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms.

21.9 Language

These Terms are written in English. Any translated version is provided solely for your convenience. In the event of any conflict between the English version and a translated version, the English version shall prevail.

21.10 Notices

Any notices or other communications provided by us under these Terms will be given by posting to our website, through the App Store, or by email (if you have provided us with your email address through our contact form). You are responsible for ensuring you are aware of any notices.

21.11 Export Compliance

The App may be subject to U.S. export control laws. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control.

21.12 U.S. Government Rights

If you are a U.S. Government end user, the App is a "Commercial Item" as defined in 48 C.F.R. 2.101, and is licensed to you under the terms of these Terms as the license customarily provided to the public.

22. Contact Information

22.1 How to Contact Us

If you have any questions, concerns, comments, or feedback regarding these Terms of Service or the App, please contact us:

• Email: infow3bdev@gmail.com
• Website Contact Form: nuviomm.com/contact

22.2 Response Time

We will make reasonable efforts to respond to your inquiries within 48 hours during business days. Response times may vary depending on the nature and complexity of your inquiry.

22.3 Mailing Address

Nuvio
Washington State, United States

22.4 Effective Date

These Terms of Service are effective as of December 30, 2025.

BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU ARE NOT AUTHORIZED TO USE THE APP.