Terms of Service & License Agreement

1. About these Terms and Acceptance

These Terms of Service and End User License Agreement (“Terms” or “Agreement”) govern your access to and use of the MyNana mobile application (“App”), website (mynana.com), and home hazard assessment tools (collectively, the “Services”), operated by Colibri Innovation LLC, doing business as MyNana, Texas, United States (“MyNana,” “we,” “us,” or “our”).

We may update these Terms periodically. For material changes, we will provide at least 30 days’ notice via the App or our website before changes take effect. Your continued use after the effective date constitutes acceptance of the revised Terms.

2. Who May Use the Services (U.S. Only)

You may use the Services only if you are: (a) at least 18 years of age; (b) located within the United States; (c) legally capable of entering into a binding contract; and (d) not barred from receiving the Services under U.S. or international laws.

The Services are currently designed and intended for residential living spaces located within the United States. We make no representation that the Services are lawful, appropriate, or available for use outside the United States.

3. Pre-Launch and Beta Services

MyNana is currently operating in pre-launch and preview status (“Beta Services”). Beta Services are made available for testing, evaluation, and feedback, and are provided free of charge during our initial pilot stage.

You acknowledge and agree that: (a) Beta Services may contain errors, software bugs, design flaws, or inaccuracies; (b) MyNana is under no legal obligation to release a commercial or public version of the App; (c) MyNana reserves the right to modify, suspend, or discontinue Beta Services at any time without notice or liability; (d) test assessments or saved data may be deleted, reset, or not recoverable; and (e) projected release timelines are estimates only.

Beta Services are provided strictly “AS IS” and “AS AVAILABLE,” without warranties or representations of any kind.

4. Acting for Others and Caregiver Authorization

You may use MyNana to assess your own living space or assist an aging parent, relative, or client (“Assessed Person”) solely for non-clinical environmental safety reference, provided you have obtained all necessary consent, legal authorization, or power of attorney required under applicable law.

Being an adult child, family member, or caregiver does not, by itself, grant legal authority to capture photographs of someone else’s home or disclose their sensitive health and mobility information. You confirm and warrant that you have communicated our Privacy Policy to the Assessed Person and obtained their informed consent, or that you hold valid legal authority (such as legal guardianship, healthcare proxy, or durable power of attorney covering this disclosure) prior to submitting photos or health answers.

You agree to indemnify, defend, and hold harmless MyNana from any third-party claims, disputes, or damages arising from your unauthorized submission of personal data, medical factors, or home images belonging to an Assessed Person.

5. Scope of Services: Bathroom Hazard Assessment

In our current release, MyNana processes submitted bathroom photos and survey responses to highlight visible potential hazards (such as slippery flooring, unanchored bath mats, missing grab bars, high tub thresholds, and inadequate lighting) and suggest practical modifications with reference cost ranges.

The assessment covers only the specific, visible areas depicted in your submitted images. MyNana does not inspect structural framing, hidden electrical wiring, behind-the-wall plumbing, structural load capacities, or unseen environmental hazards.

A finding of “no hazards detected” means only that the automated system did not identify visible risks in the submitted images; it does NOT certify that the bathroom is safe, compliant with accessibility codes, or free from hazard.

6. AI Analysis and Machine Learning Disclaimers

MyNana uses artificial intelligence, computer vision, and machine learning algorithms to identify potential hazards and draft suggestions. Because AI models operate probabilistically, outputs may occasionally be inaccurate, incomplete, misplaced, or unsuitable for a specific individual.

Lighting conditions, camera angles, image blur, room clutter, and inaccurate survey answers directly affect AI output accuracy. You agree to evaluate and verify all findings using human review before making any physical alterations or financial commitments.

MyNana does not guarantee that following any generated fix, checklist, or recommendation will prevent slips, falls, physical accidents, injuries, or property damage.

7. No Medical, Healthcare, or Emergency Services

MyNana is an informational home-safety tool. It is NOT a medical device, telemedicine platform, clinical diagnostic service, or emergency alert system.

The Services do not provide medical advice, diagnosis, treatment, or clinical home safety evaluations. Use of the Services does not establish a doctor-patient, therapist-patient, or clinical relationship of any kind.

Never disregard or delay seeking professional clinical advice from an Occupational Therapist (OT), physical therapist, or physician because of information provided by MyNana. Always consult a qualified healthcare provider regarding individual mobility limitations, balance issues, or assistive equipment fit.

FOR EMERGENCIES: MyNana is not monitored for emergencies. If someone has fallen, is injured, or requires immediate medical attention, call 911 or your local emergency dispatch immediately.

8. No Financial, Tax, Legal, or Funding Advice

Cost estimates displayed in the App are AI-generated rough reference estimates, not verified contractor quotes, local bids, or binding price guarantees.

The current version of the Services does not administer, process, or guarantee financial grants, assistance programs, or contractor modifications. Any references to potential funding resources (such as state or federal programs) are for general educational awareness only; MyNana does not determine eligibility or guarantee financial assistance.

You are solely responsible for verifying local building codes, obtaining necessary permits, and securing landlord or HOA approvals prior to undertaking home modifications.

9. Photos, User Content, and Privacy

You retain all ownership rights in the photos and survey information you upload (“User Content”).

You grant MyNana a limited, non-exclusive, worldwide, royalty-free license to use, process, and transmit your User Content, directly and through our authorized service providers, solely for the purposes described in our Privacy Policy (including generating your assessment and providing customer support).

We do not sell your home photos or personal information. We will never use your home photos in public advertisements or marketing without separate, explicit written consent. Assessment images are transmitted over encrypted HTTPS connections.

You can delete assessment data stored within the App through Profile › Settings › “Delete all my data”. This deletes records stored locally within the application sandbox on your device; it does not delete previously exported or shared reports, personal device backups, or transient security logs maintained by third-party infrastructure providers under their applicable terms. See our Privacy Policy for full details.

10. Intellectual Property and Prohibited Activities

MyNana, its logos, software, hazard classification algorithms, user interface, and editorial content are the proprietary property of MyNana and its licensors, protected by U.S. and international intellectual property laws.

You agree NOT to: (a) reverse engineer, decompile, or disassemble any part of the App; (b) scrape, crawl, or harvest data, photos, or assessment outputs from the Services; (c) use the Services or any output to train, test, benchmark, or fine-tune any competing artificial intelligence or machine learning model; (d) bypass or circumvent any security controls or usage limits; or (e) use the Services for any fraudulent, unlawful, or commercial resale purpose.

11. Limited License and Apple App Store Terms

• Limited License Grant: Subject to your compliance with these Terms, MyNana grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable limited license to download, install, and use the App on Apple-branded devices that you own or control, strictly for personal, family, or non-clinical professional home safety evaluation purposes (such as informal environmental assessments conducted by occupational therapists, care managers, or aging-in-place specialists for environmental reference only, and not for clinical practice, medical diagnosis, or therapy planning), in accordance with the Usage Rules set forth in the Apple Media Services Terms and Conditions.

• Acknowledgment: This Agreement is concluded between you and MyNana only, not with Apple Inc. (“Apple”). MyNana, not Apple, is solely responsible for the App and its content.

• Maintenance & Support: MyNana is solely responsible for providing any maintenance and support. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.

• Warranty: 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) paid for the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever.

• Product Claims: MyNana, not Apple, is responsible for addressing any claims relating to the App or your possession and use thereof, including product liability claims, consumer protection claims, and regulatory compliance.

• Intellectual Property Claims: In the event of any third-party claim that the App infringes intellectual property rights, MyNana, not Apple, will be solely responsible for the investigation, defense, and settlement.

• Legal Compliance: You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

• Third-Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the App (for example, you must not be in violation of your wireless telecommunications carrier or cellular data service agreement when using the App).

• Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

• Developer Contact: For any questions, complaints, or claims regarding the App, contact Colibri Innovation LLC (d/b/a MyNana), Texas, United States. Email: support@mynana.com or legal@mynana.com.

12. Independent Third Parties and Future Services

The current version of MyNana does not connect users with contractors, perform home installations, or broker home modification agreements.

To the extent the Services or informational materials reference independent professionals, occupational therapists, manufacturers, or third-party web resources, such parties are independent entities and are not employees, agents, or partners of MyNana. MyNana does not endorse, supervise, inspect, warrant, or guarantee any third party's licensing, insurance, qualifications, or workmanship.

Any engagement with third-party professionals or contractors is undertaken entirely at your own discretion and risk.

13. Feedback and Submissions

We welcome feedback, comments, and feature suggestions (“Feedback”). By submitting Feedback, you grant MyNana an unrestricted, perpetual, irrevocable, royalty-free license to use, modify, and incorporate your Feedback into our products and services without compensation or attribution to you.

Feedback does not include assessment photos, questionnaire answers, assessment reports, or any personal information, which remain private User Content governed strictly by our Privacy Policy.

14. Changes, Service Availability, and Suspension

We reserve the right to modify, suspend, or discontinue any feature, tool, or part of the Services at any time without notice or liability.

We may temporarily or permanently suspend your access to the Services if: (a) you violate these Terms; (b) we suspect fraudulent, abusive, or unauthorized activity; or (c) required by applicable law or regulatory authority.

15. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING THE APP, ASSESSMENTS, AI OUTPUTS, AND CONTENT, ARE PROVIDED ENTIRELY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

MYNANA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS, BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

16. Limitation of Liability and Dollar Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(A) IN NO EVENT SHALL MYNANA OR ITS FOUNDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, DATA LOSS, BUSINESS INTERRUPTION, OR COMPUTER FAILURE), REGARDLESS OF THE LEGAL THEORY (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(B) TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYNANA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO MYNANA FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

NOTHING IN THESE TERMS PURPORTS TO EXCLUDE OR LIMIT LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE STATE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

17. Dispute Resolution, Binding Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

• Mandatory Individual Arbitration: You and MyNana agree that any dispute, claim, or controversy arising out of or relating to these Terms, the App, or the Services (“Dispute”) shall be resolved solely through binding, individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, rather than in a court of general jurisdiction.

• Arbitration Rules, Fees, and Procedures: The AAA Consumer Arbitration Rules govern filing fees and arbitrator compensation. Your share of filing fees will be limited to the consumer portion set forth in the AAA Consumer Rules, with MyNana paying all remaining administrative fees and arbitrator compensation. Unless otherwise agreed, arbitration hearings will be conducted virtually, by telephone, or in the U.S. county where you reside. If the AAA is unavailable, refuses, or is unable to administer the arbitration, the parties will mutually select an alternative reputable dispute resolution provider; if the parties cannot agree, an arbitrator will be appointed by a court of competent jurisdiction pursuant to 9 U.S.C. § 5.

• CLASS ACTION WAIVER: YOU AND MYNANA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS PROCEEDING.

• 30-Day Opt-Out Right: You have the right to opt out of this arbitration agreement. To opt out, email legal@mynana.com within thirty (30) days of first accepting these Terms, including your full legal name, contact email address, and an unequivocal statement that you decline arbitration. Your typed legal name in the email will serve as your signature. If you opt out of arbitration, the class action waiver will still apply to the extent permitted by law.

• Exceptions and Judicial Forum: Either party may bring an individual action in small claims court in your county of residence or in Texas if the claim qualifies and remains in small claims court. For any other claim or dispute permitted outside arbitration (including equitable relief to prevent infringement of intellectual property rights), the exclusive jurisdiction and venue will be the state and federal courts located in Texas, and the parties consent to personal jurisdiction in those courts.

18. Governing Law and General Terms

These Terms and any related action shall be governed by the Federal Arbitration Act, federal arbitration law, and the substantive laws of the State of Texas, without regard to conflict of law principles.

• Entire Agreement: These Terms and our Privacy Policy constitute the entire and exclusive agreement between MyNana and you regarding the Services, superseding all prior understandings.

• Severability: If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and other provisions will remain in full force.

• No Waiver: Failure by MyNana to enforce any right or provision will not be considered a waiver of that right.

• Contact and Entity: For legal notices or questions regarding these Terms, contact us at legal@mynana.com or support@mynana.com. Operating entity: Colibri Innovation LLC (d/b/a MyNana), Texas, United States.