The rules for using Breviya

Breviya is a product of Nimavera Inc., a Delaware corporation (“Nimavera”, “we”, “us”). These Terms and Conditions govern your access to and use of Breviya, including the website, web application, session player, programs, breathwork, journaling, subscriptions, admin tools, backups, and related APIs. By creating an account, accessing the service, or continuing past the applicable consent flow, you agree to these terms.

If you use Breviya on behalf of an organization, you represent that you have authority to bind that organization to these terms. If you do not agree, do not use the service.

You must be at least 16 years old to use Breviya on your own. If you are between 13 and 15 years old, you may use the service only with verifiable consent from a parent or legal guardian, and only where permitted by your local law. Breviya is not directed to, and we do not knowingly collect personal information from, children under 13 (as defined by the U.S. Children's Online Privacy Protection Act). Some jurisdictions require users to be older (for example, 18 to enter a binding contract); in those cases, the higher local-law age applies.

• You must provide accurate registration information and keep your account credentials secure.
• You are responsible for activity that occurs through your account unless unauthorized access was caused by Breviya's failure to use reasonable safeguards.
• Breviya may require email verification, password resets, multi-factor authentication, consent acknowledgment, or first-time onboarding steps before full access is granted.
• Accounts that are suspended, deleted, or disabled for abuse, security, billing, or policy reasons may lose access to some or all features.

Breviya is a wellbeing, reflection, and personal-growth platform. It can include guided meditation and visualization sessions, breathwork, sleep stories, journaling and daily reflections, mood, stress, and energy check-ins, habit tracking, an AI “Companion” and reflective prompts, an AI-distilled personal profile (a “persona”) that personalizes your experience, identity and belief tracking, programs, a wisdom library, supportive reach-out flows, voice journaling, notifications and reminders, team features, referrals, backups, exports, and a care-team report you can generate from your own data. Several of these surfaces are generated, adaptive, or personalized by AI — see the AI Disclosure.

The boundaries of what Breviya is not — in particular its medical, mental-health, and crisis limits — are set out in the “Medical, mental-health, and crisis disclaimer” section immediately below.

Breviya is not an emergency service, medical device, therapy practice, diagnostic service, or substitute for licensed clinical care. It is not a HIPAA-regulated medical record system unless separately agreed in writing. Any wellbeing, motivational, or reflective content — including AI-generated sessions, prompts, Companion replies, and the AI-distilled persona — is informational and experiential, and does not constitute medical, psychological, or therapeutic advice or diagnosis. Do not rely on Breviya for diagnosis, treatment decisions, or emergency help.

• Crisis handling. Breviya may detect language suggesting self-harm or acute distress and respond by showing crisis resources (for example, 988 in the United States, 024 in Spain, or findahelpline.com). Breviya is not a crisis line, a monitoring service, or an emergency responder; it does not contact emergency services, authorities, or any other person on your behalf. If you are in danger or thinking about harming yourself, contact local emergency services or a crisis line right now.
• Stop if it feels wrong. Stop any session, breathing pattern, or reflection flow if it feels unsafe, too intense, or inappropriate for your condition, and seek qualified help where needed.
• The care-team report. Breviya lets you generate a report or data file of your own information to share with a therapist, doctor, or other care provider. You decide whether and how to share it. Because Breviya is not a medical-records system, once you download or send an exported file you are responsible for how it is stored and shared, and any recipient is an independent party responsible for their own handling and compliance (including HIPAA or GDPR where applicable). The report supports a conversation with a professional; it is not a diagnosis or a clinical assessment.

Some Breviya experiences are generated, personalized, or adapted from your inputs. That includes generated sessions, recommended programs, adaptive dashboards, generated audio layers, and similar features. Those outputs are provided to support practice, not to make professional, financial, medical, or legal decisions for you.

• Generated guidance may reflect your inputs, your recent activity, and the provider configuration used by the deployment.
• Output quality can vary, and you remain responsible for how you interpret and use the content.
• You should stop a session, breathing pattern, or reflection flow if it feels unsafe, too intense, or inappropriate for your condition.

Tiers and pricing

Breviya may offer Free, Plus, Premium, or similar tiers. Paid features can be gated by subscription status, plan limits, generation caps, journaling access, or content availability. All prices are stated exclusive of any applicable sales tax, VAT, or similar levy; those amounts are added at checkout where required by your jurisdiction. We may change plan structure, entitlements, or pricing prospectively; where you hold an active paid subscription, we will give you at least thirty (30) days' notice (by email or in-app) before any price increase takes effect on your renewal.

Plan limits, “unlimited” features, and fair use

Where a plan describes a feature as “unlimited” (for example, unlimited guided sessions, Companion replies, sleep stories, Vision Studio sessions, or narration), “unlimited” means there is no fixed monthly numerical allowance for ordinary personal use by a single human user. It does not grant a right to automated, scripted, bulk, commercial-resale, or abusive use, and it remains subject to reasonable fair-use limits and the technical safeguards described below, which exist to keep the service stable and available to everyone.

• “Unlimited” access is for the account holder's own personal practice. Sharing, pooling, reselling, or providing access to others, and using a single account for multiple people, are not permitted.
• We may apply reasonable technical safeguards to any feature — including rate limits, per-minute or per-day anti-abuse caps, request throttling, and queueing — even where the plan is described as unlimited. These protect service stability and the third-party AI infrastructure the feature relies on.
• We may throttle, temporarily limit, or pause activity that is automated or scripted, that is generated other than through the normal application interface, that is anomalous, or that materially exceeds what a single person could plausibly use through ordinary practice.
• We may define, publish, and update reasonable fair-use thresholds from time to time. Where your usage is lawful and in good faith, we will aim to contact you before taking restrictive action; conduct that is abusive, fraudulent, or that threatens the service or other users may be limited or suspended immediately under the “Acceptable use restrictions” section below.
• “Unlimited” refers to usage volume only. It does not change which features are available on a given tier, output quality, third-party model behaviour, or the service disclaimers stated elsewhere in these terms.

Billing

Payments are processed by our payment processor, Stripe, Inc. By initiating a paid subscription, you authorise us (acting through Stripe) to charge the payment method on file in advance, on a recurring basis matching your chosen plan cadence, until you cancel. Each charge will appear on your statement under the descriptor “Nimavera Inc.” or “BREVIYA”.

Cancellation

You may cancel your paid subscription at any time, for any reason, from your account settings or via the Stripe customer portal. Cancellation takes effect at the end of the then-current billing period: you retain access to paid features until that date, and your payment method is not charged again. We do not prorate, refund, or issue credits for the unused portion of the current period.

No refunds (final sale)

All fees paid to Nimavera Inc. for Breviya are final and non-refundable, except as expressly set out in the “Refund exceptions required by law” subsection below. Without limitation, the following are non-refundable:

• Subscription fees, in full, including the current billing period's fee at the time of cancellation;
• Any one-time purchase, which is treated as a final sale;
• Any partial month, partial billing period, or other partial use of the service;
• Periods during which you held a paid subscription but did not actively use the service;
• Any generated-content usage you have accessed (including AI-assisted sessions, adaptive narration, and similar features), because the underlying third-party model and infrastructure costs are incurred by us at the moment of use and cannot be recovered.

We deliberately offer a meaningful Free tier so you can evaluate the service before paying. You are strongly encouraged to use the Free tier to confirm Breviya meets your needs before upgrading.

Refund exceptions required by law

We will issue a refund where, and only to the extent, mandatory consumer-protection law of your jurisdiction requires us to do so, or where a competent court or regulator orders us to do so. In addition, we will refund:

• Charges processed in duplicate by error of our payment processor or by us;
• Charges for which you can demonstrate that you were unable to access any material part of the service for a continuous period attributable to our default, where we have failed to remedy that default within a reasonable time after written notice from you; in that case the refund will be prorated to the affected period only.

Any such refund will be made to the original payment method within fourteen (14) days of the obligation arising. Chargebacks initiated through your card network or bank are governed by the rules of that network, not by this section; we reserve the right to dispute any chargeback and to suspend or terminate the account of any user who, in our reasonable judgement, initiates a chargeback in bad faith after having used the service.

EU / UK consumers — express waiver of right of withdrawal

Under Article 16(m) of EU Directive 2011/83/EU (the Consumer Rights Directive) and Regulation 37 of the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the statutory fourteen-day right of withdrawal for the supply of digital content does not apply once performance has begun with the consumer's prior express consent and acknowledgement that the right is lost. By initiating a paid subscription or purchasing a one-time plan, you (i) expressly request that performance of the service begins immediately, (ii) acknowledge that you obtain immediate access to the digital content forming the service, and (iii) expressly consent to the loss of your statutory fourteen-day right of withdrawal in respect of that performance. A record of this consent is retained with your purchase.

Best-effort service; no guarantee of uninterrupted use

We operate Breviya on a commercially reasonable best-effort basis. We do not commit to any specific service-level agreement, uptime guarantee, or feature-availability guarantee, except as separately agreed in writing with an enterprise customer. Scheduled maintenance, third-party-provider outages (including outages of our payment processor, AI providers, and hosting infrastructure), and force majeure events may cause temporary unavailability of the service or of particular features. Such temporary unavailability does not entitle you to a refund except to the limited extent described above.

You retain responsibility for the prompts, reflections, journal entries, voice recordings, saved sessions, favorites, imported backups, exported files, and other account-associated content you place into Breviya. You grant Breviya the limited rights needed to host, process, secure, back up, transcribe (where you use voice features), and display that content to operate the service for you.

• Voice journaling and memos. When you record audio, it is uploaded to Breviya storage and — unless you turn transcription off in Privacy settings — sent to a third-party speech-to-text provider to produce a transcript. See the Privacy Policy for how this is handled.
• The care-team report. You can generate a report (PDF) or data file (JSON) of your own wellbeing data to share with a care provider. Sharing is your choice, and you are responsible for the file once it leaves Breviya — see the “Medical, mental-health, and crisis disclaimer” above.
• Exported files may include sensitive information. You are responsible for storing them securely after download.
• Imported backups may merge with existing account state. You should review restore files carefully before importing them.
• Admin-level organization backups are especially sensitive because they can contain identity, role, subscription, and restore-related credential data.

You agree not to misuse the service. That includes, without limitation:

• Attempting to gain unauthorized access to accounts, admin tools, queues, backups, storage, or infrastructure.
• Interfering with availability, bypassing rate limits, scraping private data, or using automated abuse techniques against the service.
• Uploading or transmitting unlawful, harmful, malicious, or rights-infringing content.
• Using Breviya to impersonate others, harass others, or generate content for deceptive, unlawful, or exploitative purposes.
• Reverse engineering or extracting protected parts of the service except to the extent explicitly permitted by law.

Breviya and its product design, branding, interface elements, original generated flows, compilations, and software are owned by Breviya or its licensors. These terms do not transfer ownership to you.

Subject to these terms and your subscription or account status, Breviya grants you a limited, non-exclusive, non-transferable, revocable license to use the service for your personal internal practice and account management purposes. You may not resell, redistribute, or commercialize the service or substantial parts of it without written permission.

Breviya includes admin functions for user management, content management, moderation, feature flags, backups, and restore workflows. Those tools are limited to authorized administrators and are intended for legitimate operational use only.

• Breviya may suspend or terminate accounts that breach these terms, threaten security, abuse billing flows, or create operational risk.
• Breviya may preserve logs, backups, or records needed to investigate abuse, comply with law, or restore service integrity after termination.
• You may stop using the service at any time and may use the available export or deletion tools where supported.

Breviya is provided on an "as is" and "as available" basis to the maximum extent permitted by law. Availability, generated outputs, adaptive recommendations, and integrations can change, degrade, or fail from time to time.

To the maximum extent permitted by law, Breviya disclaims warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, and error-free operation. Breviya will not be liable for indirect, incidental, special, consequential, exemplary, or lost profits damages arising from or related to the service. If the law does not allow that full exclusion, liability will be limited to the greatest extent permitted and, where required, capped at the amount you paid for the service during the twelve months before the event giving rise to the claim.

Breviya may update these terms, product features, pricing, or supported integrations over time. Updated terms become effective when posted unless a later date is stated. Your continued use of the service after an update means you accept the revised terms.

For data-handling specifics, also review the Privacy Policy. For account controls, start with Settings.

These terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Subject to applicable consumer-protection law, you and Nimavera Inc. agree to submit to the exclusive jurisdiction of the federal and state courts located in New Castle County, Delaware, for any dispute arising out of or relating to Breviya or these terms.

If you reside in the European Economic Area, the United Kingdom, or any other jurisdiction whose mandatory consumer-protection law applies to you, nothing in this clause deprives you of the protection of the mandatory law of your country of residence, including your right to bring proceedings in the courts of your country of residence.

Operator: Nimavera Inc., a Delaware corporation. For all enquiries about Breviya, contact support@breviya.com. A postal address for service of notice is available on request and will be published here once our Delaware registered-agent address is finalised.