These Terms of Service ("Terms") form a binding agreement between you and Turtle Innovations Pvt. Ltd., a company incorporated in Nepal ("Turtle Innovations", "we", "us", or "our"), governing your access to and use of the Shamvi mobile application and related services (together, the "Service").
By installing, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree with any part of these Terms, you must not use the Service.
02Eligibility
You must be at least 13 years of age to use the Service. If you are between 13 and the age of majority in your jurisdiction, you may only use the Service with the involvement and consent of a parent or legal guardian.
By using the Service, you represent and warrant that you meet these eligibility requirements and that you have the legal capacity to enter into these Terms.
03Your account
You may use the Service as a guest, or by creating an account with your email address, phone number, or a Google account. You are responsible for maintaining the confidentiality of your sign-in credentials and for all activities that occur under your account.
You agree to provide accurate information when creating an account and to update that information as needed. You must notify us promptly of any unauthorised access to or use of your account.
We reserve the right to reclaim inactive accounts, enforce one account per device, and refuse, suspend, or terminate accounts that we reasonably believe violate these Terms.
04Licence to use the Service
Subject to your ongoing compliance with these Terms, we grant you a limited, personal, non exclusive, non transferable, non sublicensable, and revocable licence to install and use the Service on a device that you own or control, solely for your personal, non commercial use.
This licence does not include the right to redistribute, resell, modify, reverse engineer, decompile, disassemble, or create derivative works based on the Service, except to the extent that such restrictions are expressly prohibited by applicable law.
05Acceptable use
You agree not to use the Service in any way that:
Violates any applicable law, regulation, or the rights of any third party.
Infringes any intellectual property or other proprietary rights.
Harasses, threatens, impersonates, or defames another person.
Transmits unlawful, obscene, or harmful content, including content that promotes self harm, violence, or discrimination.
Introduces malicious code, attempts to gain unauthorised access, or interferes with the Service's operation, security, or integrity.
Scrapes, crawls, or uses automated means to access the Service or its data.
Uses the Service to develop a competing product or train a machine learning model.
Circumvents rate limits, authentication mechanisms, or other technical measures.
We may investigate and take appropriate legal action against anyone who, in our sole discretion, violates this section.
06Your content
The Service allows you to submit certain content, including messages to the in app companion and custom mixes you create. You retain all rights you hold in such content.
By submitting content to the Service, you grant Turtle Innovations a worldwide, non exclusive, royalty free, sublicensable licence to host, store, process, and display that content for the sole purpose of operating and improving the Service. This licence ends when you delete the content or terminate your account, subject to reasonable retention periods described in our Privacy Policy.
You are solely responsible for the content you submit. You represent and warrant that you have all necessary rights to submit it and that it does not violate these Terms or any applicable law.
07Intellectual property
The Service and all of its original content, features, and functionality, including text, photographs, audio, user interface designs, graphics, logos, and software, are and will remain the exclusive property of Turtle Innovations and its licensors. They are protected by copyright, trademark, and other intellectual property laws.
"Shamvi", the Shamvi wordmark, and the butterfly logo are trademarks of Turtle Innovations. You may not use them without our prior written permission.
All photographic content in the Service was created by or licensed to Turtle Innovations. Ambient audio content is licensed under royalty free terms, with attribution provided within the Service where required by the licensor.
08AI companion
The Service includes an in app conversational companion powered by artificial intelligence ("AI Companion"). Responses generated by the AI Companion are produced by an automated system and may be inaccurate, incomplete, or inappropriate in a given context.
You acknowledge that the AI Companion is provided for supportive and conversational purposes only. It is not a licensed therapist, counsellor, physician, or other professional, and its responses must not be relied upon as a substitute for professional advice.
We may log AI Companion conversations in aggregate or anonymised form to detect abuse, improve safety, and refine response quality. Conversations are not used to identify you to third parties.
09No medical or therapeutic advice
Important
Shamvi is a wellbeing companion product. It is not a medical device, and it does not diagnose, treat, cure, or prevent any medical condition. The Service is not a substitute for professional medical, psychological, or psychiatric care.
If you are in crisis or experiencing a medical or mental health emergency, please contact a qualified professional or a local emergency service immediately. In Nepal, the Mental Health Helpline operated by TUTH is available at 1660 0102005.
10Third party services
The Service integrates with third party services, including Google Sign-In, Firebase Cloud Messaging, Firebase Analytics, Firebase Crashlytics, an SMS delivery provider, and an email delivery provider. Your use of those services is subject to the terms and privacy policies of the respective providers.
We are not responsible for the availability, accuracy, or content of third party services. Your use of them is at your own risk.
11Changes to the Service
We may modify, suspend, or discontinue the Service, or any feature of it, at any time and without liability to you. Where practical, we will provide advance notice of material changes that affect your use of the Service.
12Suspension and termination
You may stop using the Service and delete your account at any time from within the app.
We may suspend or terminate your access to the Service, in whole or in part, immediately and without prior notice, if we reasonably believe that you have violated these Terms, that your use of the Service presents a risk to other users or to the Service itself, or that such action is required by law.
Upon termination, your right to use the Service will cease immediately. Sections that by their nature should survive termination will do so, including provisions on intellectual property, disclaimers, limitation of liability, indemnity, and governing law.
13Disclaimers
The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, Turtle Innovations disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non infringement, accuracy, and uninterrupted or error free operation.
We do not warrant that the Service will meet your requirements, that it will be secure or free of defects, or that any content obtained through it will be accurate or reliable. Your use of the Service is at your sole risk.
14Limitation of liability
To the fullest extent permitted by law, in no event will Turtle Innovations, its officers, directors, employees, affiliates, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with your access to, use of, or inability to use the Service, whether based in contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.
Our aggregate liability for any claim arising out of or relating to these Terms or the Service will not exceed the greater of the amount you paid to us in the 12 months preceding the claim or one thousand Nepalese rupees (NPR 1,000).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
15Indemnity
You agree to defend, indemnify, and hold harmless Turtle Innovations and its officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the Service, your violation of these Terms, or your violation of any third party right.
16Governing law and disputes
These Terms are governed by and construed in accordance with the laws of Nepal, without regard to its conflict of laws principles.
Any dispute arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the competent courts of Nepal. Before initiating formal proceedings, you agree to first contact us in good faith to attempt to resolve the dispute informally.
17Changes to these Terms
We may revise these Terms from time to time. When we make material changes, we will update the effective date at the top of this document and, where appropriate, notify you through the Service before the change takes effect. Your continued use of the Service after the effective date constitutes your acceptance of the revised Terms.
Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Turtle Innovations regarding the Service and supersede any prior agreements.
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
No waiver. Our failure to enforce any right or provision will not constitute a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including to an affiliate or a successor in connection with a merger or acquisition.
Force majeure. We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control.
Headings. Section headings are for convenience only and do not affect interpretation.
19Contact
For questions about these Terms, please contact us using the details below.