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Terms of Service

Last Updated: December 22, 2025

IMPORTANT NOTICE: NOT A LIFE-SAFETY SYSTEM
NANAVIA LLC PROVIDES MOTION TREND ANALYSIS FOR INFORMATIONAL “PEACE OF MIND” ONLY. THE SERVICE IS NOT A MEDICAL DEVICE, NOT A FALL DETECTION SYSTEM, AND NOT AN EMERGENCY RESPONSE SERVICE. NANAVIA IS NOT CONTINUOUSLY MONITORED BY EMERGENCY PERSONNEL AND DOES NOT GUARANTEE THAT IT WILL DETECT FALLS, MEDICAL EMERGENCIES, OR SECURITY INCIDENTS. IN AN EMERGENCY, CALL 911 (OR LOCAL EMERGENCY SERVICES).

These Terms of Service (“Terms”) govern your access to and use of Nanavia’s website, devices, software, and services (collectively, the “Service”) provided by Nanavia LLC (“Nanavia,” “we,” “us,” or “our”).

1. Acceptance of Terms

By creating an account, accessing the Service, or purchasing hardware or a subscription, you agree to these Terms and the Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old to create an account. You represent and warrant that you have the legal authority to enter into these Terms.

3. Account Roles and Access

The Service may involve multiple roles (e.g., account owner, monitored user, notified users). The account owner controls invitations and access. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

Authority to Add Monitored Users: By adding a Monitored User, you represent and warrant that you have the legal authority and appropriate consent to do so, or that you are otherwise permitted under applicable law to provide information about and monitor activity for that individual. You are responsible for informing the Monitored User about the Service to the extent required by law.

4. Nature of the Service; No Emergency Services

  • Non-Emergency Service: The Service analyzes motion activity patterns and may generate alerts based on historical trends and user settings.
  • No Guarantee: The Service may miss events, misclassify activity, or generate false alerts.
  • No Duty to Monitor: Nanavia is not an emergency service and has no obligation to monitor for emergencies or contact emergency responders.

5. Alerts, Delivery, and Reliability

Alerts are provided on a best-effort basis. Alert delivery may be delayed, interrupted, or fail for reasons outside Nanavia’s control, including carrier issues, spam filtering, outages, device failure, power loss, Wi-Fi or internet issues, or third-party service disruptions. Receipt of a message does not mean it was read or acted upon.

Connectivity Requirements: The Service requires continuous electrical power and a working Wi-Fi internet connection. Nanavia does not control your Wi-Fi network, internet service provider, or electrical service, and is not responsible for failures caused by outages, interference, misconfiguration, or interruptions in connectivity.

Certain features require SMS messaging (including one-time passcodes and account alerts). If you opt out of SMS, some or all Service features may not function.

6. User Inputs (Including “Away” Status)

The Service may rely on information you provide (including “away” status or similar inputs). You are responsible for the accuracy and timeliness of information you provide. Nanavia is not responsible for outcomes resulting from inaccurate or outdated inputs.

7. Subscriptions, Billing, and Beta Access

  • Paid Plans: If you subscribe to a paid plan, you authorize recurring charges to your payment method via our payment processor (e.g., Stripe) on the billing schedule shown at checkout.
  • Cancellation: You may cancel at any time. Cancellation takes effect at the end of the current billing cycle. Unless required by law, we do not provide prorated refunds for partial periods.
  • Beta / Invite-Only Access: We may offer limited beta access at no charge. Beta features are provided “as is” and may be modified or discontinued at any time.

8. Hardware

Hardware performance depends on proper installation, power, sensor placement, environment, and connectivity. Hardware purchases are generally final except as required by law. Defective hardware may be repaired or replaced in accordance with any written return policy provided at purchase.

9. Acceptable Use

You agree not to misuse the Service, including by attempting to:

  • access accounts or data without authorization;
  • interfere with or disrupt the Service or its infrastructure;
  • reverse engineer or attempt to extract source code except where permitted by law;
  • use the Service in violation of applicable laws.

10. Intellectual Property

Nanavia and its licensors own the Service, including software, designs, and trademarks. Except for the limited right to use the Service as permitted by these Terms, no rights are granted.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND HARDWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NANAVIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR HARDWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NANAVIA’S TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO NANAVIA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to defend, indemnify, and hold harmless Nanavia from and against claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Service; (b) your violation of these Terms; or (c) your violation of any law or the rights of a third party.

14. Dispute Resolution; Mandatory Arbitration; Class Action Waiver

Small Claims: Either party may bring an individual action in small claims court, if the claim qualifies and remains in small claims court.

Mandatory Arbitration: Except where prohibited by law, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Hartford, Connecticut, under AAA rules.

Arbitration Opt-Out (30 Days): You may opt out of mandatory arbitration by sending an email to support@nanavia.com within thirty (30) days of the date you first accept these Terms. Your message must include: (a) your full name, (b) the email address associated with your account, (c) your mailing address, and (d) a clear statement that you want to opt out of arbitration. If you opt out, neither you nor Nanavia will be bound by the arbitration requirement, and you may pursue claims in court subject to the venue and other provisions of these Terms.

Class Action Waiver: You agree to bring claims only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Batch Arbitration Procedures: To the extent permitted by law, if twenty-five (25) or more similar claims are filed against Nanavia by the same or coordinated counsel, the parties agree that: (a) the claims will be administered in batches of up to twenty-five (25) proceedings at a time; (b) arbitration filing and administrative fees will be assessed and paid only for the batch being arbitrated; and (c) the results of the first batch may be used to facilitate resolution of the remaining claims.

15. Governing Law

These Terms are governed by the laws of the State of Connecticut, without regard to conflict of laws principles.

15A. Venue

If a dispute is permitted to proceed in court (for example, due to an opt-out or a court determination that arbitration is unenforceable), you and Nanavia agree that the dispute will be brought exclusively in the state or federal courts located in Hartford County, Connecticut, and you consent to personal jurisdiction in those courts.

16. Changes to the Service or Terms

We may modify or discontinue the Service (in whole or part) and may update these Terms from time to time. The “Last Updated” date indicates when these Terms were last revised.

17. Severability

If any provision of these Terms is held unlawful, void, or unenforceable, that provision will be severed and the remaining provisions will remain in full force and effect.

18. Entire Agreement

These Terms, together with the Privacy Policy and any additional written policies or terms referenced herein, constitute the entire agreement between you and Nanavia regarding the Service, and supersede any prior or contemporaneous agreements, communications, or understandings.

19. No Waiver

Nanavia’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

20. Assignment

You may not assign or transfer these Terms without Nanavia’s prior written consent. Nanavia may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

21. Contact

Nanavia LLC
78 Simsbury Manor Drive, Weatogue, CT 06089
support@nanavia.com