Effective Date: June 10, 2025
These Terms and Conditions (hereinafter referred to as the “Agreement”) constitute a legally binding agreement between you (“you” or “User”) and AI Plus Appliances Inc. (“AIVELA,” “we,” “our,” or “us”), governing your access to and use of the AIVELA smart ring, related hardware, software applications, websites, platforms, features, services, and content (collectively, the “Services”).
Please read this agreement carefully before using our services. By accessing or using any part of the services, you acknowledge that you have read, understood, and agreed to be bound by the terms of this agreement, including our privacy policy incorporated herein by reference. If you do not agree to all terms, you may not access or use the services.
1.1. The Services are intended solely for individuals who are at least sisteen (16) years of age or the age of majority in their jurisdiction, whichever is higher. By accessing or using the Services, you represent and warrant that you meet this requirement.
1.2. You may be required to register for an account in order to access certain features of the Services. You agree that all information provided in connection with such registration shall be accurate, current, and complete, and you agree to maintain and promptly update such information as necessary.
1.3. You are solely responsible for maintaining the confidentiality of your account credentials, and for all activities that occur under your account. AIVELA shall not be liable for any loss or damage arising from your failure to safeguard such credentials.
2.1. Subject to your compliance with the terms of this Agreement, AIVELA hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial purposes.
2.2. Except as expressly permitted herein, you shall not:
(a) reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, decompile, reverse engineer, disassemble, or otherwise exploit any part of the Services;
(b) use the Services for any unlawful, fraudulent, harmful, or unauthorized purpose;
(c) interfere with or disrupt the operation of the Services, servers, or networks.
3.1. AIVELA reserves the right, at its sole discretion and without prior notice, to modify, suspend, or discontinue the Services (or any part thereof), including any features, content, or functionality.
3.2. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
4.1. All content, trademarks, service marks, logos, software, firmware, databases, designs, and other intellectual property rights associated with the Services are the exclusive property of AIVELA or its licensors. No title or ownership interest is transferred to you by virtue of this Agreement.
4.2. You agree not to remove, alter, or obscure any proprietary notices on the Services.
5.1. The Services may include links to or integrations with third-party services. AIVELA does not control and is not responsible for the content, functionality, or data practices of such third parties. Use of such services is subject to the terms and privacy policies of the respective providers.
5.2. You acknowledge and agree that AIVELA shall not be liable for any damage or loss caused or alleged to be caused by or in connection with your use of such third-party services.
6.1. You may choose to submit suggestions, feedback, comments, or other content to AIVELA regarding the Services (“User Submissions”). By doing so, you grant AIVELA a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, display, and distribute such User Submissions for any lawful purpose, including but not limited to service improvement, product development, and marketing.
6.2. You represent and warrant that any User Submission you provide does not infringe any third-party rights or violate any laws. AIVELA assumes no responsibility for monitoring or enforcing intellectual property rights in such content.
6.3. For clarity, User Submissions do not include personal health data, biometric readings, or account information collected by AIVELA through your use of the Services, which are governed separately by Section 7 (Privacy and Data Usage) and our Privacy Policy.
You acknowledge and agree that AIVELA may collect, access, use, store, and otherwise process data and information relating to your usage of the Services, including but not limited to technical and behavioral data derived from interactions with the AIVELA Ring and associated mobile application.
You hereby consent to AIVELA’s collection and use of such information, as well as the disclosure of such information to third-party service providers acting on AIVELA’s behalf, for purposes including but not limited to: providing, maintaining, enhancing, marketing, and analyzing the Services; conducting troubleshooting or diagnostics; and for any other purposes set forth in the AIVELA Privacy Policy. All personal information collected by AIVELA shall be handled in accordance with the Privacy Policy, which is incorporated herein by reference.
By agreeing to the terms of this Agreement and by providing your contact information to AIVELA, you expressly consent to receive communications from AIVELA, its affiliates, and its authorized agents at any email address, phone number, or mailing address you have provided. Such communications may include, but are not limited to:
• Notifications regarding your account, device, or Services;
• Transaction confirmations, subscription renewals, and billing notices;
• Product updates, software patches, or service announcements;
• Marketing or promotional communications, including offers and surveys.
You agree that such communications may be delivered via email, text message, push notification, telephone call (including those made using automated dialing systems or prerecorded voice messages), or other electronic means, and you acknowledge that message and data rates may apply as determined by your mobile or internet service provider.
You further acknowledge that your consent to receive such communications is not a condition of purchase or continued use of the Services. If you wish to withdraw your consent or opt out of marketing communications, you may do so at any time by using the unsubscribe mechanism included in such communications or by contacting us at support@aivela.com.
The AIVELA Ring and the associated Services, including all software, data analytics, AI-generated insights, and mobile applications, are intended solely for general wellness and informational purposes. They are not designed or intended to diagnose, treat, cure, or prevent any disease or medical condition, and do not constitute medical advice or clinical decision support.
The Services have not been reviewed or approved by the U.S. Food and Drug Administration (FDA) or any other medical or regulatory authority, and are not subject to laws or regulations applicable to medical devices or health information systems.
You expressly acknowledge and agree that AIVELA is not a licensed medical provider, and no information, data, recommendation, or suggestion made available through the Services shall be considered or construed as the practice of medicine or the provision of medical care.
You are solely responsible for your health-related decisions and actions, and should always consult your physician or other qualified healthcare provider regarding any medical condition or health concern. You should never disregard professional medical advice or delay seeking it because of something you read or receive through the Services.
You understand and accept that the biometric data collected by the AIVELA Ring—such as heart rate, sleep cycles, blood oxygen levels, skin temperature trends, and stress indicators—may not always be accurate or complete due to variations in physiology, user behavior, device fit, environmental conditions, or technical limitations.
Additionally, the AI health advisor feature available within the Services, which may include named virtual agents (e.g., “Dave” or “Mira”), generates recommendations or interpretations based on algorithms and probabilistic modeling, and not based on real-time clinical assessments or physician review. The content produced by such AI advisors is for informational and motivational purposes only, and must not be relied upon as a substitute for medical consultation, diagnosis, or treatment.
By using the AI advisor, you agree that:
• AIVELA makes no representation or warranty as to the medical accuracy, safety, or appropriateness of any AI-generated suggestion;
• You shall not hold AIVELA or its affiliates liable for any injury, harm, or loss resulting from actions taken or not taken in reliance upon such AI output;
• Use of AI features is at your own discretion and risk, and should be accompanied by sound personal judgment and, where appropriate, consultation with licensed medical professionals.
You assume full responsibility for your use of the Services and acknowledge that any health-related changes you make based on information from AIVELA are made voluntarily and at your own risk. AIVELA disclaims any liability for direct, indirect, incidental, or consequential damages arising from reliance on the Services or any output thereof.
The Services are not validated for use by individuals who are pregnant, breastfeeding, immunocompromised, undergoing active medical treatment, or living with chronic or acute health conditions, including but not limited to cardiovascular disease, diabetes, respiratory illnesses, hormonal disorders, or neurological impairments.
If you fall into any of these categories, you further acknowledge and agree that:
• The physiological metrics and interpretations provided may be inaccurate or inapplicable due to your condition;
• AI-generated recommendations do not take into account your medical history, prescriptions, or contraindications;
• You must consult your healthcare provider before acting on any wellness advice provided through the Services.
You expressly assume all risks associated with using the Services under such conditions and agree that AIVELA shall bear no liability for any resulting consequences.
THE SERVICES AND THE AIVELA RING PRO PRODUCT (“PRODUCT”) ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND AIVELA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT AND SERVICES, WHETHER EXPRESS OR IMPLIED. AIVELA EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT.
AIVELA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT OR SERVICES, THE AVAILABILITY OF ANY CONTENT, THAT THE FUNCTIONS CONTAINED IN THE PRODUCT OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE PRODUCT OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE OPERATION OF THE PRODUCT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT OR SERVICES WILL FUNCTION WITH OTHER MOBILE APPLICATIONS, HARDWARE, OR WITHIN ANY PARTICULAR SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AIVELA OR AN AIVELA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, AIVELA WARRANTS TO THE ORIGINAL END USER PURCHASER THAT THE PRODUCT IS FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP FOR TWO (2) YEARS FROM THE DATE OF PURCHASE. If your local law in effect at the time of purchase requires a warranty period longer than two (2) years, this warranty shall be extended to the extent required by such law.
Within the warranty period, AIVELA shall repair or replace, at no charge to you, any components of the Product that fail under the limited warranty provided. You shall be responsible for any related transportation charges. Replacement products may be new or refurbished at AIVELA’s sole discretion.
This limited warranty does not apply to:
(i) normal wear and tear, including but not limited to scratches, dents, or changes in appearance;
(ii) consumable parts, such as batteries, unless product damage has occurred due to a defect in materials or workmanship;
(iii) damage resulting from failure to use the Product in accordance with the instructions provided with the Product or available at aivela.com;
(iv) damage resulting from accidents, floods, fires, misuse, or abuse;
(v) damage resulting from service performed by, or tampering or alterations to the Product by, anyone not authorized by AIVELA;
(vi) use of the Product with any other application, software, or hardware other than the AIVELA App and accessories approved by AIVELA;
(vii) loss of water or dust resistance due to physical impact, damage, or normal aging of seals and protective elements.
AIVELA retains the exclusive right to repair or replace the Product, or offer a full refund, at its sole discretion. Such remedy shall be your sole and exclusive remedy for any breach of this limited warranty. Warranty repairs and replacements carry a new warranty which is the longer of ninety (90) days or the balance of the original warranty period.
IN NO EVENT WILL AIVELA, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE AIVELA RING PRO, THE AIVELA APP, ANY RELATED SERVICES, OR ANY CONTENT ASSOCIATED THEREWITH, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSSES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THESE EXCLUSIONS AND LIMITATIONS APPLY REGARDLESS OF WHETHER AIVELA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTHING IN THIS LIMITATION OF LIABILITY SECTION SHALL EXCLUDE OR LIMIT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT THAT ANY LIABILITY CANNOT BE EXCLUDED OR LIMITED AS SET FORTH ABOVE, IN NO EVENT SHALL AIVELA’S TOTAL LIABILITY FOR ALL CLAIMS, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS (US $100).
You agree to indemnify, defend, and hold harmless AIVELA, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
(a) your use or misuse of the Services;
(b) your breach of this Agreement; or
(c) any User Content you submit.
This Agreement shall remain in full force and effect unless and until terminated in accordance with the terms set forth herein.
AIVELA reserves the right to terminate this Agreement, restrict access to the Services, or suspend your account:
(a) for any reason whatsoever, by providing you with thirty (30) days’ prior written notice;
(b) immediately upon your material breach of any provision of this Agreement, excluding non-payment of applicable fees; or
(c) upon your failure to remit payment of fees due under this Agreement in a timely manner.
Notwithstanding the foregoing, AIVELA may, at its sole discretion and without notice, remove, modify, suspend, or disable access to all or any portion of the Services at any time for reasons including, but not limited to, technical, security, or legal compliance needs.
You may terminate this Agreement and delete your AIVELA account at any time by submitting a written request via the in-app customer support function or by emailing support@aivela.com. Upon receipt of a valid request, AIVELA will initiate the account deletion process. You acknowledge and agree that:
• Termination shall take effect thirty (30) days after notice is received by AIVELA unless a shorter period is mutually agreed.
• You remain responsible for all charges incurred prior to and during the notice period.
• Once the account is deleted, all personal information and health data associated with your account will be permanently erased or anonymized, except as required to be retained by applicable law, for legal defense, or for audit purposes.
• Account deletion is irreversible and may result in permanent loss of data, history, and personalized insights. You acknowledge that AIVELA is not liable for any such loss following a deletion request initiated by you.
Upon any termination of this Agreement for any reason, all rights and licenses granted to you shall immediately terminate, and you must cease all use of the Services and uninstall any software provided by AIVELA.
The following provisions shall survive termination of this Agreement for any reason:
• Section 4 (Intellectual Property Rights)
• Section 6 (User Submissions and Feedback)
• Section 7 (Data and Communications)
• Section 8 (Precautions and Medical Disclaimer)
• Section 9 (Warranty Disclaimer)
• Section 10 (Limitation of Liability)
• Section 11 (Indemnification)
• Section 13 (Governing Law and Dispute Resolution)
• Any accrued and unpaid payment obligations incurred prior to and during any applicable notice period
13.1. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles.
13.2. Any dispute, controversy, or claim arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California, in the English language. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
13.3. You agree to waive any right to participate in class actions or class-wide arbitration proceedings.
14.1. Entire Agreement:This Agreement, along with the Privacy Policy, constitutes the entire agreement between you and AIVELA concerning the Services and supersedes all prior understandings.
14.2. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14.3. Waiver: Any failure by AIVELA to enforce any provision shall not constitute a waiver of such right or provision.
14.4. Assignment: You may not assign or transfer your rights under this Agreement. AIVELA may freely assign this Agreement without restriction.
For questions or concerns regarding these Terms and Conditions, please contact us at support@aivela.com.
You may also write to us at:
AI Plus Appliances Inc.
Attn: Privacy Protection
18 Goodyear Ste 110, Irvine CA 92618