PLEASE READ THIS EULA CAREFULLY, INCLUDING SECTION 5 (EMERGENCY SOS FEATURE), BEFORE DOWNLOADING, INSTALLING, OR USING THE APP.
This End User License Agreement ('EULA') is a legal agreement between you and NITA CARE LLC ('we,' 'us,' or 'our') governing your use of the Nita mobile application (the 'App'), a personal AI wellness companion for logging mood, sleep, hydration, nutrition, symptoms, weight, and menstrual cycle data, and reflecting on that data through conversations with the Nita AI. By downloading, installing, or using the App, you agree to be bound by this EULA. If you do not agree, do not download, install, or use the App. This EULA supplements, and should be read alongside, our Terms of Service, Privacy Policy, and Medical Disclaimer.
1. Grant of License
Subject to your compliance with this EULA, NITA CARE LLC grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use one copy of the App on any Apple-branded product or Android device that you personally own or control, solely for your own personal, non-commercial wellness logging and reflection purposes, and in accordance with the usage rules of the app store through which you downloaded the App (the Apple App Store or Google Play). This license is personal to you; it does not transfer if you sell or give away your device, and does not extend to any other person. We may suspend or terminate this license and your access to the App, in whole or in part, at any time and without notice, if you violate this EULA, our Terms of Service, or applicable law, or if we reasonably believe your use of the App poses a risk to NITA CARE LLC, other users, or third parties.
2. License Restrictions
Except as expressly permitted by this EULA or by applicable law, you agree that you will NOT:
- copy, modify, translate, or create derivative works based on the App or any part of it;
- reverse engineer, decompile, disassemble, or otherwise attempt to derive the App's source code, underlying prompts, or model configuration;
- remove, obscure, or alter any copyright, trademark, or other proprietary notice displayed in or on the App;
- use the App for any commercial purpose, or rent, lease, lend, sell, redistribute, or sublicense the App;
- use bots, scrapers, or other automated means to access the App or extract data or AI-generated content from it at scale;
- attempt to circumvent, disable, or interfere with any authentication, security, or technical protection feature of the App;
- use the App to impersonate any person or misrepresent your identity, age, or affiliation with any person or entity; or
- use the App in any manner that violates applicable law, including export control and sanctions laws.
3. Intellectual Property
The App — including its source code, object code, visual design, user interface, the Nita AI persona and conversational style, illustrations, icons, and all associated trademarks, service marks, and trade names (including "Nita" and "NITA CARE LLC") — is owned by NITA CARE LLC or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. No rights in the App are granted to you other than the limited license described in Section 1. If you submit feedback, suggestions, or ideas about the App — whether through the in-app feedback flow, our website feedback form at nita.care/feedback, or by email — you grant NITA CARE LLC an unrestricted, royalty-free, perpetual, irrevocable license to use that feedback for any purpose, including improving the App, without any obligation to compensate, attribute, or credit you.
4. Your Data and Content
"Your Content" means the personal information and wellness data you provide through the App, including account information; wellness logs (mood, sleep, hydration, nutrition, symptoms, weight, and menstrual cycle data); medications, allergies, medical conditions, and doctor information; emergency contacts you add for use with the SOS feature described in Section 5; documents you upload; your conversations with the Nita AI; and, if you choose to connect it, data synced from Apple HealthKit. You retain all ownership rights in Your Content. You grant NITA CARE LLC a limited, non-exclusive, royalty-free license to store, process, transmit, and display Your Content solely as necessary to operate, maintain, secure, and improve the App and to provide the features you use — for example, sending relevant wellness context (but never your full name or email address) to Anthropic's Claude API so the Nita AI can respond to you, as described in our Privacy Policy. We will not use Your Content to train, fine-tune, or evaluate any AI model — ours or a third party's — in a way that could identify you personally, unless you explicitly opt in to that use. You may access, export (via in-app PDF health reports, or by emailing legal@nita.care for a full data export), or permanently delete Your Content at any time; see our Data & Storage Policy and Delete Your Account or Data pages for exact steps and timelines.
5. Emergency SOS Feature
The App includes an optional "SOS" feature intended solely as a personal-safety convenience tool for contacting people you already know. It is not an emergency dispatch service, and it is not connected to any 911 system, other emergency dispatch center, or public safety answering point (PSAP), in any country.
5.1 What the SOS feature does
- When you manually trigger SOS, the App requests your device's current GPS location (if you have granted location permission) and generates a Google Maps link to that location.
- The App sends a text message (SMS), via your device's native messaging service, containing that location link and any medical information you have chosen to add to your profile (such as blood type, conditions, medications, allergies, or your doctor's contact information), to the personal emergency contact(s) you have manually added in your profile.
- The App separately offers a one-tap shortcut that opens your device's standard phone dialer, pre-filled with the emergency telephone number for your selected or detected country (for example, 911 in the United States, 999 in the United Kingdom, 112 in the EU). Tapping this shortcut places an ordinary phone call through your device's own cellular service — identical in every respect to dialing that number yourself in the Phone app. You must actively choose to place this call; the App never does so automatically.
5.2 What the SOS feature does not do
- The App does not transmit your location, identity, or any other data to 911, any other emergency dispatch center, any PSAP, or any emergency-services organization, by API, data feed, or any other automated means.
- The App does not communicate with, integrate with, or have any relationship with emergency dispatchers or first responders. If you place a call using the SOS shortcut, any location information received by emergency responders is provided through your device's and carrier's standard emergency-calling (e.g., E911/AML) infrastructure — the same infrastructure used for any ordinary phone call to that number — and is entirely outside the App's control, involvement, or visibility.
- The App cannot confirm that your emergency contacts received, read, or acted on the SMS alert, and does not monitor, track, or follow up on your situation after the alert is sent.
5.3 Your responsibilities and limitations of the feature
The SOS feature depends on your device having location services enabled and permitted, an active cellular or SMS-capable connection, and correctly configured emergency contacts — none of which NITA CARE LLC can guarantee at the time of an emergency. Emergency contacts are individuals you choose and are under no obligation to respond. You must contact your local emergency services directly (for example, by calling 911 or your local equivalent) in any genuine emergency, and must never rely on the SOS feature, or on your emergency contacts, as a substitute for doing so. Use of the SOS feature is entirely at your own risk, and NITA CARE LLC disclaims all liability for any delay, failure, or inadequacy of the feature, to the fullest extent permitted by law, as further described in Sections 8 and 9 below.
6. Third-Party Services
The App relies on the following third-party services to operate. Your use of the App is also subject to each provider's own terms and privacy policy:
- Anthropic (Claude API): powers the Nita AI conversational companion. Your message text and relevant wellness context are transmitted to Anthropic's servers to generate responses.
- OpenAI (Whisper / TTS): transcribes your voice messages to text and generates spoken audio for Nita's replies, when you enable voice features in Chat.
- Supabase: hosts the PostgreSQL database and file storage where your account and wellness data are stored, in the United States, with encryption in transit and at rest.
- OpenWeatherMap: supplies local weather forecasts if you enable the Weather feature. Your approximate location is used only to request a forecast and is not stored.
- Resend: delivers transactional account emails, such as welcome messages, weekly summaries, and deletion confirmations.
- Formspree: processes submissions from the feedback form on our website at nita.care/feedback.
- Apple and Google: provide the platforms (the App Store and Google Play) through which the App is distributed and, where applicable, platform sign-in services such as Sign in with Apple.
For a full explanation of what data is shared with each provider and why, see our Privacy Policy and Data & Storage Policy.
7. App Store Terms
This EULA is entered into solely between you and NITA CARE LLC, and not with Apple Inc. or Google LLC (each, a "Platform Provider"). NITA CARE LLC, not the Platform Providers, is solely responsible for the App and its content. To the extent required by the applicable Platform Provider, the following additional terms apply:
- The license granted in Section 1 is limited to a non-transferable license to use the App on any Apple-branded product or Android device that you own or control, as permitted by the usage rules set forth in the applicable Platform Provider's terms of service.
- The Platform Providers have no obligation whatsoever to furnish any maintenance or support services for the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable Platform Provider, which may refund the purchase price (if any) for the App to you; to the maximum extent permitted by applicable law, the Platform Providers have no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our sole responsibility under Sections 8 and 9 below.
- We, not the Platform Providers, are responsible for addressing any claims you or any third party may have relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims under consumer protection or similar laws — including any claim relating to the Emergency SOS Feature described in Section 5.
- In the event of any third-party claim that the App, or your possession and use of it, infringes that third party's intellectual property rights, NITA CARE LLC, not the Platform Providers, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist-supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- The Platform Providers, and their respective subsidiaries, are third-party beneficiaries of this EULA, and upon your acceptance of this EULA, each Platform Provider will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary of it.
8. Disclaimer of Warranties
THE APP, INCLUDING THE NITA AI COMPANION, ALL WELLNESS INSIGHTS AND CYCLE PREDICTIONS, AND THE EMERGENCY SOS FEATURE, IS 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, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) AI-GENERATED RESPONSES, WELLNESS INSIGHTS, OR CYCLE PREDICTIONS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR CIRCUMSTANCES; (C) HEALTH DATA YOU ENTER MANUALLY OR SYNC FROM APPLE HEALTHKIT WILL BE FREE OF ERROR; OR (D) THE EMERGENCY SOS FEATURE WILL FUNCTION AS INTENDED IN ANY GIVEN SITUATION, AS FURTHER DESCRIBED IN SECTION 5.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAW.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NITA CARE LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES — INCLUDING LOST PROFITS, LOST DATA, OR PERSONAL INJURY — ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE APP, INCLUDING ANY DAMAGES ARISING FROM OR RELATED TO THE USE OR INABILITY TO USE THE EMERGENCY SOS FEATURE DESCRIBED IN SECTION 5, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS EULA OR THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $50 USD. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Governing Law and Disputes
This EULA is governed by the laws of the State of Ohio, United States, without regard to its conflict of law principles. Any dispute arising out of or relating to this EULA that cannot be resolved informally will be handled through binding arbitration under the American Arbitration Association's Consumer Arbitration Rules, as described in the "Governing Law" section of our Terms of Service, which also governs your use of the App.
11. Contact
Questions about this EULA can be directed to:
NITA CARE LLC
Email: legal@nita.care
We aim to respond to legal inquiries within 30 days.