Terms & Conditions

In these Terms, the following words carry specific meanings:

- “Device” means the EYVA touch-based metabolic wellness device, including all embedded firmware and hardware components.
- “App” means the Anthea Realm companion application available on iOS and Android platforms.
- “Wellness Indicators” means the six parameters tracked by the Device: Glucose Trends, HbA1c Trends, Heart Rate, Oxygen Trends, Vascular Pressure Trends, and Stress & Recovery.
- “Wellness Data” means any data generated through your use of the Device and App, including readings, trends, patterns, and insights derived from your Wellness Indicators.
- “User,” “you,” or “your” means any individual who purchases, accesses, or uses the Services.
- “Content” means all text, graphics, images, software, and other material made available through the Services.

EYVA is designed exclusively for general wellness awareness, lifestyle insights, and personal well-being tracking. EYVA is not a medical device. The Device, App, and all associated Services are not intended for, and must not be used for, the diagnosis, treatment, mitigation, cure, or prevention of any disease or medical condition.

The Wellness Indicators provided by EYVA represent trends and patterns derived from sensor data processed through proprietary algorithms. They are intended to support your personal wellness awareness and healthy lifestyle choices. They do not constitute medical advice, clinical measurements, laboratory results, or diagnostic outputs of any kind.

You acknowledge and agree that:
- EYVA Wellness Indicators are not a substitute for professional medical advice, diagnosis, or treatment.
- You will not rely on EYVA outputs for any medical or clinical decision-making.
- You will consult a qualified healthcare provider for any health concerns, symptoms, or medical questions.
- In any medical emergency, you will contact emergency services immediately and not rely on the Device.
- Individual results and experiences may vary. Wellness insights are intended for informational and awareness purposes only.

You must be at least 18 years of age to purchase and use the Services independently. Individuals between 13 and 18 years of age may use the Device and App only under the supervision and with the consent of a parent or legal guardian who agrees to these Terms on their behalf. The Services are not intended for children under 13 years of age.

The Device supports up to four individual user profiles. Each user profile maintains separate Wellness Data, trends, and insights. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account or profile.

You agree to provide accurate, current, and complete information during registration and to update such information as necessary. BlueSemi reserves the right to suspend or terminate accounts that contain false or misleading information.

Subject to these Terms, BlueSemi grants you a limited, non-exclusive, non-transferable, revocable licence to use the Device and App for your personal, non-commercial wellness tracking purposes.

You agree not to:
- Use the Services for any diagnostic, clinical, or treatment purpose.
- Reverse-engineer, decompile, disassemble, or otherwise attempt to extract the source code or algorithms of the Device firmware or App.
- Modify, adapt, or create derivative works based on any part of the Services.
- Remove, alter, or obscure any proprietary notices, labels, or marks on the Device or within the App.
- Use the Services in any manner that violates applicable laws or regulations.
- Resell, redistribute, lease, or sublicense the Device or App without prior written consent from BlueSemi.
- Attempt to access, tamper with, or use non-public areas of the Services, BlueSemi's systems, or technical delivery systems.

Your Wellness Data belongs to you. BlueSemi collects, processes, and stores Wellness Data in accordance with our Privacy Policy, which complies with the Digital Personal Data Protection Act, 2023 (DPDPA) and applicable Indian data protection laws.

Key principles governing your Wellness Data:
- Your Wellness Data is never sold to third parties.
- Data is encrypted in transit and at rest within the Anthea Realm platform.
- You may request access to, correction of, or deletion of your personal data as provided under the DPDPA.
- Anonymised and aggregated data (from which you cannot be individually identified) may be used by BlueSemi to improve algorithms, product performance, and wellness insights.
- BlueSemi may share data with service providers who assist in delivering the Services, subject to appropriate data processing agreements.

For full details on data collection, processing, retention, and your rights, please refer to our Privacy Policy at www.eyva.io/privacy.

All intellectual property rights in the Device, App, firmware, algorithms, Content, the EYVA brand name, logo, symbol mark, and all associated materials are and shall remain the exclusive property of BlueSemi Research & Development Pvt. Ltd. These Terms do not transfer any ownership rights to you.

The EYVA name, logo (including the radial burst symbol mark and spaced wordmark), and “Anthea Realm” are trademarks of BlueSemi. You may not use these marks without prior written permission.

EYVA is a precision wellness electronics product. To ensure optimal performance and longevity:
- Use the Device only as described in the official EYVA User Guide.
- Place both thumbs firmly on the sensor surface during readings and remain still for the full duration (approximately 60 seconds).
- Keep the Device clean, dry, and stored in a cool environment away from direct sunlight and extreme temperatures.
- Do not expose the Device to water, moisture, or corrosive substances.
- Do not attempt to open, disassemble, or repair the Device yourself. Unauthorised modification voids the warranty.
- Charge the Device using only the supplied charging cable. Use of third-party accessories may damage the Device and void the warranty.

BlueSemi may release updates to the App and Device firmware from time to time. These updates may include bug fixes, performance improvements, new wellness features, and security patches. Some updates may be required for continued use of the Services.

You agree to install required updates in a timely manner. BlueSemi is not responsible for any degradation in performance or functionality resulting from your failure to install recommended or required updates.

The Services may contain links to or integrations with third-party websites, applications, or services. BlueSemi does not control, endorse, or assume responsibility for any third-party content, products, or services. Your interactions with third parties are solely between you and the relevant third party.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the foregoing, BlueSemi does not warrant that:
- The Services will be uninterrupted, error-free, or completely secure.
- Wellness Indicators will be available at all times or under all conditions.
- Wellness insights or trends will meet any specific expectations or requirements.
- The Device or App will be compatible with all devices, operating systems, or network configurations.

Sensor readings may be affected by factors including but not limited to skin condition, ambient temperature, device placement, motion, nail polish, and individual physiological variation. Such variation is inherent in touch-based wellness sensing and does not constitute a defect.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLUESEMI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES.

BlueSemi's total aggregate liability to you for all claims arising out of or related to these Terms or the Services shall not exceed the amount you paid for the Device. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable Indian law, including liability for fraud or gross negligence.

You agree to indemnify, defend, and hold harmless BlueSemi and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use or misuse of the Services; (b) your violation of these Terms; (c) your use of the Device for purposes other than general wellness tracking; or (d) your violation of any applicable law or regulation.

The Device is covered by a limited manufacturer's warranty of one (1) year from the date of original purchase. The warranty covers defects in materials and workmanship under normal use. Full warranty terms, conditions, and exclusions are detailed in our Warranty Policy available at www.eyva.io/warranty.

The warranty does not cover damage resulting from misuse, unauthorised modification, accident, neglect, or use inconsistent with the User Guide or these Terms.

These Terms remain in effect for as long as you use the Services. BlueSemi may suspend or terminate your access to the Services at any time if you breach these Terms, subject to providing reasonable notice where practicable.

Upon termination, your right to use the App and cloud-based features of the Services will cease. You may request a copy of your Wellness Data prior to termination by contacting support@eyva.io. Provisions of these Terms that by their nature should survive termination (including Sections 7, 11, 12, 13, and 17) shall survive.

BlueSemi reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on www.eyva.io/terms-of-use and, where appropriate, through the App or via email. The “Effective Date” at the top of this document will be updated accordingly.

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Services.

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation between the parties for a period of thirty (30) days. If the dispute is not resolved through negotiation, it shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The seat of arbitration shall be Hyderabad, Telangana, India. The language of arbitration shall be English.

Nothing in this clause shall prevent either party from seeking interim or injunctive relief from a court of competent jurisdiction in Hyderabad.

Nothing in these Terms is intended to limit or exclude any rights you may have under the Consumer Protection Act, 2019, the Information Technology Act, 2000 (as amended), or any other applicable consumer protection legislation. Where any provision of these Terms conflicts with mandatory consumer protection rights, the consumer protection provisions shall prevail.

- Entire Agreement: These Terms, together with the Privacy Policy and Warranty Policy, constitute the entire agreement between you and BlueSemi regarding the Services.
- Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver: No failure or delay by BlueSemi in exercising any right under these Terms shall constitute a waiver of that right.
- Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. BlueSemi may assign its rights and obligations without restriction.
- Notices: All notices to BlueSemi should be sent to support@eyva.io or by post to BlueSemi R&D Pvt. Ltd., T-Hub, IIIT-H Campus, Gachibowli, Hyderabad, Telangana 500032, India.
- Force Majeure: BlueSemi shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including natural disasters, pandemics, government actions, or infrastructure failures.