Terms of Service

1. Agreement & Incorporated Documents

These Terms of Service ("Terms") constitute a legally binding agreement between you and Mavik Labs LLC, a Delaware limited liability company doing business as Ohga ("Ohga," "we," "us," or "our"), governing your access to and use of the Ohga mobile application, the website at ohga.app, and all related products, features, and services (collectively, the "Service").

By creating an account, downloading or installing the Ohga application, accessing ohga.app, or otherwise using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must not access or use the Service.

Incorporated Documents

These Terms incorporate by reference the following documents, which form part of your agreement with us:

• Privacy Policy — ohga.app/legal/privacy-policy (governs collection, use, and sharing of your personal and health data);
• Acceptable Use Policy — incorporated herein and detailed in Section 10 below;
• Community Guidelines (to be published; until published, acceptable use is governed solely by Section 10 of these Terms) — governing conduct within Ohga social features when published.

In the event of a conflict between these Terms and an incorporated document, these Terms control unless the incorporated document expressly states otherwise with respect to a specific subject matter (for example, the Privacy Policy controls with respect to data processing practices).

We may offer additional terms, policies, or guidelines for specific features (such as beta programs, promotional offers, or partner integrations). Those supplemental terms become part of your agreement when you use the applicable feature.

2. Key Terms Summary

The following summary is provided in plain language for your convenience. It does not replace or modify the full legal text in these Terms. In case of any conflict, the full Terms govern.

3. Definitions

The following terms have the meanings set forth below. Capitalized terms not defined here have the meanings given in context or under applicable law.

Service

The Ohga mobile application (iOS and Android), the website at ohga.app, and all related products, features, content, software, and services operated by Mavik Labs LLC under the Ohga brand, including free and paid tiers.

Content

All text, graphics, images, audio, video, software, algorithms, data compilations, designs, interfaces, and other materials made available through the Service by Ohga or its licensors, excluding User Content.

User Content

Any content you submit, upload, transmit, or otherwise make available through the Service, including health logs, nutrition entries, workout records, notes, photos, voice recordings, chat messages, social posts, profile information, and goals.

AI Features

Artificial intelligence-powered capabilities within the Service, including AI coaching conversations, meal and workout plan generation, food photo analysis, voice transcription, personalized recommendations, and related automated insights.

Agent Actions

Automated or semi-automated actions that the AI may propose or execute on your behalf within the Service, such as logging meals, starting workouts, setting goals, or updating health records, subject to your confirmation where required.

Health Data

Information relating to your physical or mental health, fitness, nutrition, sleep, hydration, biometric measurements, wearable sensor readings, and related wellness metrics collected through or stored in the Service.

Subscription

A recurring paid plan (Pro or Max, monthly or annual) that provides access to premium features beyond the Free Tier, billed through the Apple App Store or Google Play.

Free Tier

The no-cost subscription level providing core tracking, manual logging, 15 standard AI chats per month, and 2 photo scans per month, subject to usage limits and feature restrictions described in these Terms.

Pro Tier

A paid subscription level offering expanded AI features, increased usage limits, and additional premium capabilities as described in the Service and Section 8a.

Max Tier

The highest paid subscription level offering the broadest feature access and highest usage limits as described in the Service and Section 8a.

Intellectual Property

All patents, copyrights, trademarks, trade secrets, moral rights, and other proprietary rights in and to the Service, Content, and underlying technology, whether registered or unregistered.

4. Eligibility & Account

Age Requirement

You must be at least 18 years of age to create an account or use the Service. If you are under 18 years of age, you must not create an account, access the Service, or provide any personal information to Ohga. The Service is not directed to children or minors.

By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract. We may request age verification at any time and may suspend or terminate accounts that we reasonably believe belong to users under 18.

Account Registration

To access certain features, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete registration information;
• Maintain and promptly update your account information to keep it accurate;
• Maintain only one account per person — you may not create multiple accounts to circumvent usage limits or restrictions;
• Not register on behalf of another person without their express authorization.

Account Security

You are solely responsible for maintaining the confidentiality and security of your account credentials. Authentication is provided through our identity provider, WorkOS, and may include email-based login, social sign-in, or other methods we support.

You are responsible for all activity that occurs under your account, whether or not authorized by you. You must notify us immediately at support@ohga.app if you suspect unauthorized access to your account or any breach of security. We are not liable for losses arising from unauthorized use of your account where you have failed to safeguard your credentials.

5. Description of Service

Ohga is a wellness intelligence platform designed to help you understand and improve your nutrition, fitness, focus, goals, and social wellness. The Service is available on iOS, Android, and web platforms.

Core Features

Depending on your subscription tier, the Service may include:

• Manual health and wellness logging (meals, workouts, hydration, sleep, mood, and related metrics);
• Health tracking dashboards, trends, and insights;
• Wearable and health platform synchronization (Apple HealthKit, Google Health Connect, and compatible devices);
• AI-powered coaching conversations, recommendations, and analysis;
• Food photo scanning and nutritional estimation;
• Voice input and transcription for logging and coaching;
• Social features including friends, sharing, and community interaction;
• Gamification elements such as streaks, achievements, and challenges;
• Music integration for workout and focus sessions (Spotify, Apple Music);
• Goal setting, progress tracking, and personalized plans.

Tiered Access

The Service is offered in tiered subscription levels — Free, Pro, and Max — each with different feature limits, usage caps, and capabilities. Specific tier details are described in Section 8a. We reserve the right to modify tier features and limits with reasonable notice.

Connectivity Requirements

An active internet connection is required for AI coaching, cloud synchronization, social features, subscription management, and account operations. Core offline capabilities — including manual tracking and logging — are available without an internet connection, though synced data may not reflect the most recent server state until connectivity is restored.

We do not guarantee that the Service will be available in all geographic locations or on all devices. Feature availability may vary by platform, device, operating system version, and subscription tier.

6. Health, Safety & Medical Disclaimers

6a. Not Medical Advice

Ohga is a wellness application only. It is designed to support general wellness tracking, education, and personal goal-setting. Ohga is expressly not:

• A medical device under the U.S. Food and Drug Administration (FDA), the European Union Medical Device Regulation (EU MDR), or any other regulatory framework;
• Intended to diagnose, treat, cure, or prevent any disease, medical condition, or health disorder;
• A substitute for professional medical advice, diagnosis, or treatment from a licensed physician or qualified healthcare provider;
• A licensed healthcare provider, therapist, counselor, psychologist, psychiatrist, dietitian, or nutritionist;
• Capable of providing clinical-grade health assessments or medical-grade monitoring.

All information, recommendations, insights, and coaching provided through the Service — including AI-generated content — are for informational and educational purposes only. Nothing in the Service constitutes medical advice, and no doctor-patient, therapist-client, or other professional healthcare relationship is created between you and Ohga or Mavik Labs LLC.

6b. Consult Healthcare Professionals

You should always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition, medication, treatment plan, or health-related decision. Never disregard professional medical advice or delay seeking medical treatment because of something you have read, heard, or experienced through the Service.

If you think you may have a medical emergency, call your local emergency number immediately. In the United States, dial 911 for medical emergencies.

6c. Health Data Accuracy Limitations

Health and wellness data within the Service may be inaccurate, incomplete, or outdated. You acknowledge and understand that:

• Wearable devices, smartphone sensors, and third-party health platforms may produce inaccurate or inconsistent readings;
• Nutritional information sourced from databases (including Open Food Facts and other third-party sources) may contain errors, omissions, or outdated values;
• AI-generated recommendations are probabilistic outputs and have not been clinically validated for your individual circumstances;
• Calorie, macronutrient, and micronutrient calculations are estimates based on published formulas and user-provided inputs, not laboratory measurements;
• We do not guarantee the accuracy, completeness, reliability, or timeliness of any health metric, calculation, or recommendation displayed in the Service.

6d. Assumption of Risk

You voluntarily choose to engage in exercise, dietary changes, fasting protocols, supplementation, and other wellness activities at your own risk. You acknowledge that physical activity and dietary modification carry inherent risks of injury, illness, or adverse health outcomes.

Consult a physician before beginning any exercise program or significant dietary change, especially if you are pregnant, nursing, have a heart condition, eating disorder, diabetes, or any chronic or acute medical condition. Ohga is not liable for injuries, health changes, adverse outcomes, or any harm arising from your reliance on app suggestions, AI recommendations, or wellness content.

6e. Crisis & Emergency

Ohga is not designed for emergencies and must not be used in crisis situations. If you are experiencing a medical emergency, mental health crisis, or thoughts of self-harm or suicide, discontinue use of the Service immediately and contact emergency services or a crisis helpline.

Emergency and crisis resources include:

• United States: 911 (emergency) · 988 (Suicide & Crisis Lifeline)
• United Kingdom: 999 (emergency) · 116 123 (Samaritans)
• European Union: 112 (emergency)
• Australia: 000 (emergency) · 13 11 14 (Lifeline Australia)
• Canada: 911 (emergency) · 988 (Suicide Crisis Helpline)

Ohga's AI coaching features are not equipped to detect, assess, or respond to mental health crises. Do not rely on the Service for emergency assistance of any kind.

6f. No Guaranteed Outcomes

Ohga does not guarantee any specific health, fitness, weight loss, muscle gain, sleep improvement, mood improvement, or performance outcome. Results vary based on individual factors including genetics, adherence, pre-existing conditions, and external circumstances. Past results displayed by other users (if any) do not guarantee similar outcomes for you. Any progress metrics, streaks, or achievement indicators within the app are motivational tools and do not constitute evidence of clinical improvement.

6g. Mood Tracking & AI Sentiment

Ohga's mood tracking features allow you to log your emotional state and associated notes. The app may compute basic sentiment indicators (positive/negative word patterns) on your mood entries to enhance tracking visualizations. These indicators are NOT clinical assessments, diagnostic tools, or mental health evaluations. They cannot detect depression, anxiety, suicidal ideation, or any mental health condition. If you are experiencing persistent low mood, anxiety, or emotional distress, please consult a licensed mental health professional. Ohga's mood features are for self-reflection only and should never replace professional psychological or psychiatric care.

7. AI Features & Limitations

7a. Nature of AI

Ohga's AI coaching and analysis features are powered by third-party large language models and specialized AI services, including providers accessed via the Perplexity API and AssemblyAI, among others. These systems generate responses based on statistical patterns in training data and your inputs.

AI outputs are probabilistic and may be:

• Factually incorrect, outdated, or incomplete;
• Inappropriate for your specific health circumstances;
• Biased or inconsistent across similar queries;
• Subject to "hallucination" — generating plausible-sounding but false information.

AI does not have real-time access to current medical literature, peer-reviewed clinical studies, or your complete medical history. AI responses should never be treated as authoritative medical guidance.

7b. User Responsibility for AI

You are solely responsible for how you use AI-generated content. You agree to:

• Independently verify any health, nutrition, fitness, or wellness advice before acting on it;
• Not rely on AI responses as your sole source of information for any health-related decision;
• Not use AI responses to make medical decisions, adjust medications, or replace professional healthcare;
• Accept full responsibility for any actions you take based on AI suggestions or recommendations;
• If the AI coach mentions vitamins, supplements, herbs, over-the-counter medications, or any substance: do NOT start, stop, or change any supplement or medication regimen based solely on AI suggestions. Always consult a licensed physician, pharmacist, or registered dietitian before making changes to supplements or medications. AI-generated content about supplements is general information only and does not account for your individual medical history, drug interactions, or contraindications.

7c. AI Data Processing

When you use AI Features, your inputs are transmitted to Ohga's backend servers and then to third-party AI providers for processing. This includes:

• Text conversations sent to language model providers;
• Food photos analyzed by AI vision models;
• Voice recordings transcribed by AssemblyAI and related speech-to-text services.

Our AI providers are contractually prohibited from using your data to train their models. Ohga (Mavik Labs LLC) does not use your personal conversations, health data, food photos, voice recordings, or other personal content to train general-purpose AI models. Your data is used solely to provide you with personalized wellness coaching during your active sessions. Aggregate, de-identified usage patterns may inform service improvements, but individual content is never used for model training. For complete details on AI data processing, retention, and your rights, see our Privacy Policy.

7d. Agent Actions & Automation

AI Features may propose or initiate Agent Actions within the Service, such as logging a meal, starting a workout, updating a goal, or modifying a health record. Material or irreversible actions require your explicit confirmation before execution.

You are solely responsible for reviewing and authorizing any Agent Actions. By confirming an action, you accept responsibility for its consequences. We are not liable for outcomes resulting from actions you approve, including incorrect logs, inappropriate workout recommendations, or unintended data modifications.

7e. AI Limitations

AI Features are under active development and may change without prior notice. Response quality depends on model availability, system load, and the quality and completeness of your inputs. We may modify AI behavior, safety filters, model selection, and capabilities at any time.

Usage limits apply per subscription tier (for example, 15 standard AI chats per month on the Free Tier). Exceeding tier limits may restrict access to AI Features until the next billing period or until you upgrade your subscription.

8. Subscriptions & Billing

8a. Subscription Tiers

Ohga offers three subscription tiers. Feature availability and usage limits may be updated from time to time.

Free tier usage limits (AI chats, photo scans, meal plans, and agent runs) reset on the first day of each calendar month. Limits are not prorated for mid-month account creation.

Specific feature differences between tiers are displayed in the app at the time of purchase and may evolve as we develop new capabilities.

8b. Billing

Subscriptions are available exclusively through the Apple App Store and Google Play Store. Ohga does not currently offer web-based subscription purchases. All billing, payment processing, and receipt management is handled by Apple or Google respectively.

Subscriptions are billed through the Apple App Store (iOS) or Google Play (Android). Subscription management is facilitated through RevenueCat. Payment is charged to your Apple ID or Google account at confirmation of purchase.

Prices are displayed in your local currency at the time of purchase and are subject to currency conversion, taxes, and fees applied by Apple or Google according to their respective policies and your jurisdiction.

8c. Auto-Renewal

Unless you cancel at least 24 hours before the end of the current billing period, your subscription will automatically renew for the same duration (monthly or annual) at the then-current renewal price. Renewal charges are applied within 24 hours prior to the end of the current period.

Subscription prices may change. You will be notified in advance of any price increase in accordance with Apple App Store and Google Play requirements, typically at least 30 days before the change takes effect at renewal.

8d. Free Trials

Annual Pro and Annual Max subscriptions include a 7-day free trial for eligible users. Trial eligibility is determined by Apple or Google and is typically limited to one trial per Apple ID or Google account per subscription group.

If you do not cancel before the trial period ends, you will be automatically charged the full subscription price for the selected annual plan. Any unused portion of a free trial is forfeited if you purchase a subscription during the trial period.

8e. Cancellation

You may cancel your subscription at any time through:

• iOS: Settings → [Your Name] → Subscriptions → Ohga;
• Android: Google Play Store → Menu → Subscriptions → Ohga;
• In-app: Profile → Subscription → Manage.

Cancellation takes effect at the end of the current billing period. You retain paid access to premium features until the period expires. We do not provide partial refunds for unused time within a billing period.

8f. Refunds

Refund requests for App Store and Google Play purchases must be submitted directly to Apple or Google in accordance with their respective refund policies. We cannot process refunds directly for purchases made through app store billing platforms.

If you are a consumer in the European Union or United Kingdom, you may have a statutory right to withdraw from a distance contract within 14 days of purchase, provided the Service has not been fully performed with your prior express consent. Contact support@ohga.app for assistance with EU/UK withdrawal requests.

8g. Price Changes

We may change subscription prices with advance notice. Existing subscribers will be notified per platform requirements (typically at least 30 days before the change). Price changes take effect at your next renewal after the notice period. Continued subscription after the notice period constitutes acceptance of the new price.

8h. Downgrade & Data

Downgrading your subscription does not delete your existing data. You retain access to all previously logged health records, notes, and history. When you downgrade, core tracking, privacy controls, manual logging (workouts, nutrition, water), and full account access remain available at no cost. Your previously logged data is never deleted due to a tier change. However, feature access is limited to your new tier's capabilities, and usage counters reset at the start of each billing period according to the new tier's limits.

9. User Content & Intellectual Property

9a. Your Content

You retain ownership of all User Content you create and submit through the Service. By submitting User Content, you grant Ohga a limited, non-exclusive, worldwide, royalty-free license to store, process, display, transmit, and otherwise use your User Content solely as necessary to operate, provide, maintain, and improve the Service.

This license terminates when you delete your User Content or account, subject to reasonable backup retention periods described in our Privacy Policy.

9b. Our Content

The Service, including the Ohga name, logo, design, user interface, software, algorithms, and all Content provided by Ohga, is owned by Mavik Labs LLC and protected by Intellectual Property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial wellness purposes in accordance with these Terms.

You may not:

• Copy, modify, distribute, sell, or lease any part of the Service or Content;
• Reverse-engineer, decompile, or disassemble the Service or its underlying software;
• Create derivative works based on the Service or Content;
• Remove or alter any proprietary notices on the Service.

9c. AI-Generated Content

AI-generated coaching responses, meal plans, workout plans, nutritional analysis, and related outputs are provided as part of the Service. You may use AI-generated content for personal wellness purposes. Similar prompts from different users may produce similar outputs; we make no warranty of originality.

We make no warranty regarding the accuracy, completeness, or fitness for purpose of AI-generated content. The copyright status of AI-generated outputs varies by jurisdiction; we do not claim copyright ownership in AI-generated outputs provided to you through the Service.

9d. Feedback

If you provide feedback, suggestions, ideas, or recommendations regarding the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into the Service without any obligation or compensation to you.

10. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service for any illegal purpose or in violation of any applicable law or regulation;
• Impersonate another person, entity, or misrepresent your affiliation with any person or entity;
• Submit false, misleading, or fabricated health data to manipulate features, rankings, or mislead other users;
• Use AI Features to generate harmful, deceptive, abusive, or medically dangerous content;
• Attempt to extract, reverse-engineer, replicate, or derive AI models, training data, or proprietary algorithms;
• Circumvent usage limits, authentication mechanisms, security measures, or access controls;
• Scrape, crawl, spider, or use automated means to access the Service beyond normal application use;
• Harass, bully, threaten, stalk, or intimidate other users through social features;
• Post offensive, discriminatory, hateful, sexually explicit, or illegal content in social features;
• Use the Service to develop, train, or improve competing products or services;
• Share account credentials, sell, transfer, or sublicense your account to another person;
• Interfere with or disrupt the Service, servers, networks, or other users' access;
• Exploit bugs, vulnerabilities, or security weaknesses — report them to security@ohga.app;
• Use the Service in connection with regulated medical practices without holding appropriate professional licenses;
• Misrepresent AI-generated content as professional medical, nutritional, or therapeutic advice when communicating with others.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account, removal of content, and reporting to law enforcement where appropriate.

11. Privacy & Data

Our Privacy Policy at ohga.app/legal/privacy-policy governs the collection, use, storage, sharing, and protection of your personal information and Health Data. By using the Service, you consent to our data practices as described in the Privacy Policy.

You have the following data rights within the Service:

• Export: You can export your data in encrypted format at any time through the app settings;
• Deletion: You can delete your account and associated data at any time via Profile → Account → Delete Account;
• Correction: You can update or correct your personal information and health logs within the app.

Account deletion requires an active internet connection to complete server-side deletion. Deleting your account does not automatically cancel active subscriptions — you must cancel subscriptions separately through the Apple App Store or Google Play before or after account deletion to avoid future charges.

12. Third-Party Services & Integrations

The Service integrates with third-party platforms and services. Each integration is optional and user-initiated. Third-party services are governed by their own terms and privacy policies:

• Apple HealthKit / Google Health Connect: Governed by Apple and Google terms, plus our Privacy Policy regarding data we receive;
• Spotify / Apple Music: Subject to their respective terms of service; we access playback controls only with your authorization;
• Open Food Facts: Community-contributed nutrition database; data accuracy is not guaranteed by Ohga;
• WorkOS: Authentication provider; governed by WorkOS terms and our Privacy Policy;
• RevenueCat: Subscription management; processes purchase metadata per their privacy policy;
• Perplexity API / AssemblyAI: AI processing providers; governed by contractual data processing agreements described in our Privacy Policy.

We are not responsible for the availability, accuracy, security, or practices of third-party services. Your use of third-party integrations is at your own risk and subject to the third party's terms.

13. Communications & Notifications

You may receive the following types of communications from Ohga:

• Transactional: Account confirmations, password resets, billing receipts, security alerts, and terms or policy updates;
• Push notifications: Wellness reminders, streak alerts, social activity, and feature updates (if enabled in your device and app settings);
• In-app messages: Feature announcements, tips, and service notifications;
• Marketing: Promotional communications are sent only with your explicit opt-in consent.

You can manage notification preferences in the app settings. Essential account and security communications cannot be opted out of while you maintain an active account.

14. Service Availability & Modifications

We aim to maintain high availability of the Service but do not guarantee uninterrupted, timely, secure, or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, system failures, or circumstances beyond our reasonable control.

Core offline features (manual tracking and logging) function without an internet connection. AI coaching, cloud synchronization, social features, and subscription management require an active internet connection.

We reserve the right to modify, suspend, or discontinue any feature or aspect of the Service with reasonable notice where practicable. Scheduled maintenance will be communicated in advance when possible. We are not liable for service interruptions, data loss during outages, or failures of third-party services or infrastructure.

15. Disclaimers of Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• NON-INFRINGEMENT;
• ACCURACY, COMPLETENESS, OR RELIABILITY OF CONTENT, HEALTH DATA, OR AI OUTPUTS;
• UNINTERRUPTED, TIMELY, OR ERROR-FREE OPERATION;
• SECURITY FROM VULNERABILITIES, VIRUSES, OR UNAUTHORIZED ACCESS;
• THAT AI FEATURES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS;
• THAT HEALTH, NUTRITION, OR FITNESS DATA IS ACCURATE, COMPLETE, OR SUITABLE FOR YOUR NEEDS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND YOU MAY HAVE ADDITIONAL RIGHTS THAT CANNOT BE WAIVED.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAVIK LABS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOST PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES;
• LOSS OF DATA OR GOODWILL;
• HEALTH OUTCOMES, PERSONAL INJURY, OR ADVERSE PHYSICAL EFFECTS (EXCEPT WHERE CAUSED BY OUR GROSS NEGLIGENCE);
• BUSINESS INTERRUPTION OR SERVICE DOWNTIME;
• COST OF SUBSTITUTE SERVICES;
• ANY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, AI FEATURES, OR THIRD-PARTY INTEGRATIONS.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS PAID BY YOU TO OHGA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100 USD).

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH A CLAIM IS BASED — WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Indemnification

You agree to indemnify, defend, and hold harmless Mavik Labs LLC and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service;
• Your violation of these Terms or any incorporated policy;
• Your violation of any third-party right, including intellectual property, privacy, or publicity rights;
• User Content you submit, post, or transmit through the Service;
• Your health, fitness, dietary, or wellness activities undertaken in connection with the Service;
• Any actions you authorize through Agent Actions or AI Features.

This indemnification obligation does not apply to claims arising solely from our gross negligence or willful misconduct. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense.

18. Dispute Resolution

18a. Informal Resolution First

Before initiating any formal dispute proceeding, you agree to contact us at legal@ohga.app with a written description of your dispute. We will attempt to resolve the dispute through good-faith negotiation for at least 60 days from the date we receive your notice. Most disputes can be resolved without formal proceedings.

18b. Binding Arbitration (US Users)

If a dispute is not resolved through informal negotiation, and you are located in the United States, you and Ohga agree that the dispute shall be resolved through binding individual arbitration, rather than in court, except as provided in Sections 18c and 18f.

Arbitration shall be:

• Administered by the National Arbitration and Mediation (NAM);
• Conducted under NAM's Comprehensive Dispute Resolution Rules and Procedures;
• Held virtually or remotely, unless both parties agree to an in-person hearing;
• Conducted in the English language;
• Presided over by a single arbitrator with experience in technology and consumer disputes.

The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

18c. Class Action Waiver

YOU AND OHGA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING.

You waive any right to participate in a class action lawsuit, class-wide arbitration, or any other representative proceeding. If this class action waiver is found to be unenforceable with respect to a particular claim, then that claim must be resolved in a court of competent jurisdiction and not in arbitration.

18d. Opt-Out Right

You may opt out of the binding arbitration agreement within 30 days of first accepting these Terms by sending written notice to legal@ohga.app with the subject line "Arbitration Opt-Out." Your notice must include your full name, email address associated with your Ohga account, and a clear statement that you opt out of the arbitration agreement. Opting out of arbitration does not affect any other provision of these Terms.

18e. Mass Arbitration

If 25 or more similar arbitration demands are filed against Ohga within a 60-day period, NAM's mass arbitration procedures shall apply. A bellwether selection process will identify up to 10 representative cases to proceed first. Remaining claims will be stayed pending resolution of the bellwether cases.

18f. International Users

EU/EEA/UK users: Nothing in these Terms restricts your mandatory rights under applicable consumer protection laws, including your right to bring claims in the courts of your country of residence or to lodge complaints with your local data protection or consumer supervisory authority.

Australian users: Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy conferred by the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement.

Other jurisdictions: Arbitration applies to the maximum extent permitted by applicable law. Where arbitration is not enforceable, disputes shall be resolved in the state or federal courts located in the State of Delaware, United States, and you consent to the personal jurisdiction of such courts.

19. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

If you are a consumer in the European Union, European Economic Area, or United Kingdom, mandatory consumer protection laws of your country of residence continue to apply and are not displaced by this choice of law provision.

20. Termination

20a. By You

You may terminate your relationship with Ohga at any time by deleting your account via Profile → Account → Delete Account. We recommend exporting your data before deletion if you wish to retain a copy. Account deletion does not automatically cancel active subscriptions — cancel through the App Store or Google Play to avoid future charges.

20b. By Us

We may suspend or terminate your account, with or without notice, if:

• You violate these Terms, the Acceptable Use Policy, or Community Guidelines;
• You engage in fraudulent, abusive, or illegal activity;
• We are required to do so by law, court order, or regulatory authority;
• Your account has been inactive for 24 or more consecutive months (we will provide prior notice before termination for inactivity).

We will provide reasonable notice of suspension or termination where practicable, unless immediate action is necessary for safety, legal compliance, or prevention of harm. You may appeal a suspension or termination by contacting legal@ohga.app.

20c. Effect of Termination

Upon termination, your right to access the Service ceases immediately. Your data will be deleted in accordance with the retention schedule described in our Privacy Policy. The following sections survive termination: Intellectual Property, Disclaimers of Warranty, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, and General Provisions. Accrued rights and obligations of either party are not affected by termination.

21. General Provisions

• Entire Agreement: These Terms, together with incorporated documents, constitute the entire agreement between you and Ohga regarding the Service and supersede all prior agreements, understandings, and communications.
• Severability: If any provision of these Terms is found invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: We may assign or transfer these Terms and our rights and obligations without your consent, including in connection with a merger, acquisition, or sale of assets. You may not assign or transfer these Terms without our prior written consent.
• Force Majeure: We are not liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, internet outages, or third-party service failures.
• Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.
• No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights except as expressly stated.

22. Changes to These Terms

We may modify these Terms at any time. When we make changes:

• Material changes will be communicated with at least 30 days' notice via email and/or in-app notification, with the updated effective date clearly stated;
• Non-material changes (such as clarifications or formatting updates) will be posted with a new effective date;
• Continued use of the Service after the notice period constitutes acceptance of the revised Terms;
• If you disagree with material changes, you must stop using the Service and delete your account before the effective date;
• Material changes to the arbitration provisions in Section 18 will include an additional 30-day opt-out window from the date of notice.

The "Last updated" date at the top of this page indicates when these Terms were most recently revised.

23. California Notice (Cal. Civ. Code §1789.3)

Pursuant to California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice:

The provider of the Service is Mavik Labs LLC. Complaints or questions regarding the Service may be directed to legal@ohga.app.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at:

24. Export Control

You represent and warrant that you are not located in a country subject to a United States government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals List maintained by the Office of Foreign Assets Control (OFAC).

You agree not to use, export, re-export, or transfer the Service in violation of applicable export control laws and regulations, including the U.S. Export Administration Regulations and sanctions programs administered by OFAC.

25. Contact

For questions about these Terms or the Service, contact us:

• General support: support@ohga.app
• Legal and terms: legal@ohga.app
• Security vulnerabilities: security@ohga.app
• Mail: Mavik Labs LLC

26. Terms Version History

• v1.0 — June 1, 2026: Initial comprehensive terms of service.