Terms of Use for the NOWvigation Application
Last Updated: April 2026
This document constitutes the terms of use governing all aspects of the application and its related services. Please read these terms carefully. Use of the Application constitutes your acceptance of these terms.
1. General
This application is owned and operated by Smart ID Software Solutions Ltd. (hereinafter the “Application” and “we”), whose email address for inquiries regarding the Application is nowvigation@gmail.com.
Use of the Application and any related services is subject to the terms set forth below. Please read these terms carefully. If you do not agree to any of these terms, you are required not to use the Application. Your use of the Application shall therefore constitute your acceptance of these terms.
If you are not of the legal age that allows you to undertake and accept these terms, do not use this Application. If we determine that you are not of an appropriate legal age as aforesaid, we reserve the right to prevent your use of the Application or any part thereof.
For convenience, references in this Application are in masculine singular form; however, they are intended for both women and men, singular and plural alike.
Any deviation, whether partial or otherwise, from these Terms of Use may result in blocking, restriction of use of the Application or your account, including its cancellation by us. The parties agree that any breach of any provision of these Terms of Use constitutes a fundamental breach of these terms.
Should we determine that you have breached these Terms of Use, you undertake to remove the Application from your device upon our request.
The Privacy Policy of the Application constitutes an integral part of these Terms of Use.
2. Nature of the Application
The Application enables its users to learn and practice meditation and mindfulness independently, by means of a unique methodology involving thumb movement on the device screen synchronized with the user's natural breathing.
The Application collects thumb movements on the screen, and from these movements derives breathing patterns (inhalation duration, exhalation duration, and inter-breath pauses). These patterns are used to calculate various metrics and produce analyses that assist the user in understanding and progressing in their practice.
Some of the analyses are performed using artificial intelligence services provided by Anthropic (the developer of the Claude model), as a third party. When data is sent for analysis, processed breathing pattern and practice data are transmitted to Anthropic. Anthropic may temporarily retain the data for service provision purposes, in accordance with its own privacy policy. Further information may be found in Anthropic's privacy policy at https://www.anthropic.com/privacy.
The Application does not constitute treatment of any kind. It does not purport to provide any psychological, physical, or medical solution. The information, metrics, and analyses presented within the Application are for educational and instructional purposes only, and do not constitute medical diagnosis, medical advice, psychological assessment, or a substitute therefor. If you suffer from psychological, physical, or medical conditions, you must consult a qualified professional before using the Application.
The numerical metrics presented within the Application (for example: calmness pattern index, breath stability, inhalation-to-exhalation ratio) are algorithmic outputs derived solely from thumb movement patterns, and do not constitute medically validated physiological measurements. They are intended to serve as an instructional tool in the meditation learning process.
Not all activities relating to the Application are suitable for every individual. Please exercise discretion when using the Application. Use of the Application is at your sole responsibility.
It is not recommended to use the Application while driving, or in any setting requiring high concentration and attention.
The Application is intended for users aged 18 years and above. Parents and legal guardians may use the Application together with their minor children, under their supervision and full responsibility. In such case, the account shall be registered in the name of the parent or guardian, who shall be the contracting party with the Application and shall bear responsibility for any action related to such account.
The Application offers a special "practice with child" mode that enables a minor child to use the Application under the parent's supervision. In this mode, the Application does not collect or process the child's practice data - no thumb movements, no breathing patterns, no calculated metrics. Only an anonymous record of the practice session itself is retained (a unique identifier, date and time), without any link to the specific account or to the user's identity. The functionality of this mode includes the playing of a gentle sound as a reminder if the finger does not move for a certain period of time.
The Application is available for download in those application stores through which we have chosen to distribute it.
We may share anonymized data from the Application with academic research institutions for the purpose of advancing scientific knowledge in the field of meditation. Such data undergoes a complete anonymization process and cannot be linked to you personally. Full details, including your right to decline research use of your data, are set forth in the Privacy Policy.
The grant of permission to use the Application may be subject to payments made through your account in the application store. Therefore, in order to enjoy the full features of the Application, you may be required to maintain your subscription with such application store.
The agreements between you and the application store may also apply with respect to use of the Application and payments therefor, in addition to these Terms of Use. Breach of agreements with the application store, in the discretion of the application store, may prevent your use of the Application, and you undertake to honor such agreements.
In order to use the Application, you must, at your own expense, equip yourself with a device meeting the minimum technical requirements of the Application and connect your device to the Internet.
3. Account Opening and Personal Information
In order to use the Application, you may be required to open an account within the Application, involving a username and password. Only individuals over the age of 18 are authorized to open an account for purposes of the Application. To the extent a parent or guardian wishes to permit the use of the Application by their minor child, they must open an account in their own name and use the Application together with the child under their supervision.
You must keep your username and password confidential.
You are obligated to notify us immediately if you suspect that someone is making unauthorized use of your account.
We shall not be liable for unauthorized use by third parties of your account or for the consequences of such unauthorized use.
Without derogating from the generality of other terms, you undertake that you are over 18 years of age and that the details you provide to us for the purpose of opening an account are true, current, and accurate.
You are not authorized to permit any other person to use your account.
In addition to basic account information, the Application may offer you the option to provide additional optional details, such as age and gender. Provision of such details is not mandatory and is not a condition for use of the Application. Such details are collected in order to personalize the analyses and metrics presented to you. You may at any time update or delete such details through your account settings.
The Application may permit account opening through other platforms on which you have an existing account, such as Facebook and Google. In such case as well, you must verify that the details and content, such as your photograph, transferred from such platforms are correct and accurate. By using this option, you grant us, within the framework of the Application, the right to use all such details and content in accordance with these Terms of Use, including their publication within the Application.
You are entitled at any time to notify us of your request that your account be removed from the Application. Removal of the account shall result in deletion of all personal data stored by us regarding you, including practice data, breathing patterns, and analyses produced. However, removal of the account does not remove the Application from your device or cancel charges from the application store. To remove the Application and discontinue payments, you must act in accordance with the terms and instructions of the application store.
Removal of your account shall result in loss of all information stored in your account, and such information cannot subsequently be recovered.
4. Data Collection and Processing
This section sets forth the data collected in connection with use of the Application, the manner of its processing, and the uses made of such data. Use of the Application constitutes your consent to the collection and processing of data as described in this section.
4.1 Categories of Data Collected
Thumb movement data on the device screen during meditation practice sessions (position coordinates and timing).
Breathing patterns calculated from thumb movements (inhalation timing, exhalation timing, inter-breath pause timing).
Metrics calculated from breathing patterns (for example: breathing rate, stability, inhalation-to-exhalation ratio, pause duration).
Basic usage data: practice times, practice duration, number of practice sessions.
Account details: username and password (encrypted).
Optional details that you have provided voluntarily: age, gender, or other details that the Application has offered the option to provide.
Analyses produced by Anthropic's artificial intelligence based on the foregoing data.
4.2 Purposes of Processing
Calculation of personal metrics regarding your breathing patterns and practice.
Display of analyses and personalized guidance for improvement of practice.
Display of practice history, trends, and personal progress over time.
Improvement of the Application and its algorithms (based on aggregated and non-identifying data).
Resolution of malfunctions and improvement of user experience.
4.3 Transfer of Data to Third Parties
We do not sell, lease, or share your personal data with third parties, except in the following cases:
Anthropic Artificial Intelligence Services: For the purpose of producing analyses, we transmit processed breathing pattern data to Anthropic. The data transmitted does not include your full name or personally identifying information. Anthropic may temporarily retain the data in accordance with its policy.
Cloud Infrastructure Services: The Application and data are hosted by the cloud services provider Amazon Web Services (AWS), operating in the European region. The data is stored in encrypted form.
Legal Cases: To the extent we are required to do so by law, judicial order, or binding regulatory demand.
4.4 Data Security
We employ reasonable security measures to safeguard your data, including:
Encryption of data at rest.
Encryption of communications during data transmission (TLS/SSL).
Restriction of access to data to authorized personnel only.
Storage on professional cloud infrastructures meeting accepted security standards.
Notwithstanding the foregoing, we cannot guarantee absolute security. You acknowledge and accept the risk inherent in the transmission of information over the Internet.
4.5 Data Retention Period
We retain your data for as long as your account is active. Upon account deletion, the data shall be deleted from the system within a reasonable period (up to 30 days), except in cases where we are required by law to retain certain data.
4.6 Your Rights Regarding Your Data
In accordance with applicable privacy protection laws, you have the following rights:
The right to receive information about the data we hold regarding you.
The right to correct inaccurate data.
The right to delete your account and all related data.
The right to request transfer of data in a structured format (data portability).
The right to withdraw your consent to data processing.
To exercise your rights, you may contact us at: nowvigation@gmail.com. We shall endeavor to respond to all inquiries within 30 days.
5. Payments
Payments for permission to use the Application are made to the application store in accordance with the agreements between you and such store.
We are not responsible for the collection of payments, and we do not provide credits or refunds of any kind, even if monies have been transferred to us by the application store.
It is clarified, notwithstanding the foregoing, that the rate of payments may change from time to time.
Non-use of the Application, partial use thereof, including by reason of removal of the Application prior to the end of the billing period, shall not entitle you to any cause for credit against us or the application store.
The Application may offer different service plans: a basic plan (potentially free or at a reduced price) and advanced (premium) plans including additional features such as in-depth analyses, personal breathing profile, progress trajectory, and more. The updated specification of plans and prices shall be displayed to you upon registration and in the application store.
6. Management and Use of the Application
We reserve the right to modify the Application, redesign it, add to or remove from it, without your approval.
You undertake not to interfere with the operation of the Application in any of its parts, not to create a load on the systems of the Application, and not to perform any act that may impair the use thereof by others or its routine operation.
Use of the Application is intended for personal, private, reasonable, and fair use. Public operation of the Application for a group of persons is not permitted.
Use of the Application is conditional upon your genuine interest in experiencing meditation. “Data fishing” or marketing, statistical, or other research examinations through this Application are prohibited without our express written consent.
You shall not do anything that constitutes circumvention of these Terms of Use or of technological mechanisms existing within the Application, or assistance therewith, or that may impair or interfere with the operation of the Application's systems, features, applications, and similar attributes existing within the Application. We shall be entitled to restrict your use of the Application should we suspect such conduct.
You shall not use any tool, software, system, algorithm, robot, method, automated or programmed means other than the standard operating system of Android or Apple to access the Application. Content from the Application may not be copied through such means, and the Application or its mechanisms may not be penetrated through such means, and no use or copying of the code embedded therein shall be made.
You are not authorized to make any use of the content appearing within the Application without our express written approval.
Notwithstanding that we take various steps to protect the information uploaded by you to the Application, we cannot guarantee that there will be no unauthorized intrusion into such information, and you assume all risks involved in uploading such information. Likewise, we do not warrant that there will be no unauthorized intrusion into the Application's systems or our other systems.
We are entitled to close the Application, sell it to other operators, change its purpose, or render parts of the Application or all of it accessible to a more limited group.
We are entitled to condition upon additional payments access to parts of the Application or to all of it, or to condition upon payment use of features, services, or means existing therein currently without payment or without additional payment.
We are entitled to discontinue human and/or automated support provided by the Application in parts thereof, to discontinue temporarily or permanently the existence of certain services, various functions, or parts of the Application, and you confirm that you have no claim and shall have no claim against us in respect thereof.
We may from time to time, at our sole discretion, distribute updates to the Application, the download of which by you from the application store is essential for full enjoyment of the Application.
7. Intellectual Property
All copyrights related to the Application and its contents, including trademarks, video, music, images, graphic designs, layout of the Application, arrangement of content, and the like, belong to us or to others who have granted us permission therein. You undertake not to modify, interfere with, copy, duplicate, reverse engineer, transfer, integrate, use for commercial purposes, broadcast, publicly display, process, or distribute any part of the Application or content contained therein.
The unique methodology of the Application, including the use of thumb movement on the screen for the extraction of breathing patterns and the algorithms for calculating metrics from such patterns, constitutes our intellectual property and is protected by intellectual property laws.
You are not authorized to create LINK connections to the Application from another application, or to perform any type of FRAMING or EMBEDDING in another application with respect to content of this Application.
The name of the Application and the accompanying logo are our trademarks. You undertake not to make any use thereof without our express written approval.
In the Application, you are granted a temporary, non-exclusive, non-transferable license, limited to its download to a single device only and its installation on such device, all subject to these Terms of Use.
8. Sponsored Advertisements
You agree to be exposed to various sponsored advertisements that shall appear within the Application, including advertisements that may be adjacent to content or messages uploaded by you to the Application. Such advertisements are at the discretion of the advertisers alone, and we are not responsible for their content or quality.
9. Liability and Indemnification
This Application, in all its parts, features, applications, services, and content, is provided as is and without any warranty. We do not warrant with respect to the Application and its parts: full availability, proper functioning or any functioning whatsoever, absence of malfunctions or disruptions including data deletion and crashes, efficiency, scope of exposure, proper appearance in all browsers, screens, or devices, or any other dimension of effectiveness, or that the information contained therein is accurate or free from errors. We do not warrant that reliance may be placed upon the contents of the Application or its services. We reject any claim regarding the fitness of the Application or its suitability for particular purposes. Use of the Application is at your sole responsibility. In any event, we shall not be liable for any consequential or indirect damage, losses, or loss of information.
The metrics, analyses, recommendations, and any other information presented within the Application are for educational and instructional purposes only. They shall not be relied upon for making medical, psychological, or other decisions having health implications. For any medical or psychological matter, a qualified professional must be consulted.
The Application does not replace medical advice, diagnosis, or treatment. If you suffer from any medical or psychological condition, or if you begin to experience unusual sensations during or following use of the Application, use must be discontinued and a qualified professional consulted.
Notwithstanding that we employ security measures within the Application, we shall bear no liability for any act of intrusion into the Application and the seizure of content and data therefrom, or its disruption.
Neither we, nor our employees, our officers, our directors, or our shareholders shall have any liability for direct, indirect, consequential, or punitive damages arising from unauthorized use by any person of the Application. The full risk arising from use of the Application, including use of the content contained therein or in the products or services advertised therein or offered through it or by reason thereof, lies with you alone, and we have no liability whatsoever in the matter. Under no circumstances shall we be liable for any damage, expense, loss, inconvenience, loss of information, or grief and suffering as a result of such use.
You shall indemnify us, our employees, our officers, our directors, and our shareholders for any claim or demand by a third party arising from your use of the Application or in connection with any service or product advertised within it or for which a request for proposals was published within it, or use thereof. We shall make best efforts to notify you promptly of any such claim or demand, and shall enable you to defend against it. To the extent that you do not properly defend, we may do so in your stead, and you shall bear all our expenses in the matter as well as all consequences of the proceeding or settlement to which we may arrive in this connection.
Breach of these Terms of Use by you shall entitle us to payment of damages in accordance, inter alia, with the damages, losses, expenses, trouble, harassment, and mental anguish caused to us, to the public of users of the Application, and to others.
10. Miscellaneous
Failure to take any step that we are entitled to take shall not constitute a waiver or estoppel.
If any provision of these Terms of Use of this Application is found to be invalid or unenforceable, then such provision shall be enforced to the extent permitted by law, and this shall not affect the validity and enforceability of the remaining Terms of Use of this Application.
We are entitled from time to time to modify these terms. Please check the terms continuously. In the event of a material change in the terms, we shall make a reasonable effort to notify you within the Application or through another available means.
These terms shall be governed by the laws of the State of Israel, and exclusive jurisdiction to adjudicate the terms and all matters relating to your use and arising therefrom is vested in the competent courts of the Central District.
Any claim between the parties relating to this Application shall be filed within one year from the date on which the cause of action arose.
You are not entitled to assign any right that may accrue to you against us in connection with the Application. We are entitled to assign our rights and obligations to others.
These terms exhaust the entirety of the agreements between us with respect to use of the Application.
11. Contact Us
For any question, request, or complaint in connection with the Application or these Terms of Use, you may contact us by:
Email: nowvigation@gmail.com
We shall endeavor to respond to all inquiries within a reasonable time.
