Terms and Conditions of Use of nanyda.com and the nTRUit Application
Last Modified: July 6, 2026
1. BINDING EFFECT
This is a binding agreement. By accessing or using the Internet site located at https://nanyda.com (the “Site”), the nTRUit mobile application (the “App”), or any services provided in connection with the Site or the App (collectively, the “Services”), you agree to be bound by these Terms of Use (“Terms”), as they may be amended by Nanyda, LLC (“Company,” “we,” “us,” or “our”) from time to time. If you do not agree to these Terms, do not use the Services.
2. DEFINITIONS
“Services” means the Site, the App, and all related content, features, assessments, audio playlists, and functionality we make available. “Content” means all text, audio, graphics, assessments, and other materials available through the Services. “App Store” means the Apple App Store or the Google Play Store, as applicable, through which the App is distributed.
3. ELIGIBILITY AND AGE
You must be at least 13 years of age to create an account or use the Services. If you are under 18 (or the age of majority in your jurisdiction), you may use the Services and make purchases only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you meet these requirements and that the information you provide is accurate. We do not knowingly collect personal information from children under 13; if you believe a child under 13 has provided us personal information, please contact us.
4. PRIVACY POLICY
We respect your privacy and permit you to control the treatment of your personal information. Our current privacy policy is available via the “Privacy” link at the bottom of the Site and within the App, and is expressly incorporated into these Terms by reference. Your use of the Services is also subject to that privacy policy.
5. THE APP; LICENSE
Subject to these Terms, Company grants you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the App on a device you own or control, solely for your personal, non-commercial use. You may not copy, modify, reverse-engineer, distribute, sublicense, or create derivative works of the App except as permitted by applicable law. Additional terms that apply when you obtain the App from a particular App Store are set out in Section 6.
6. APP STORE ADDITIONAL TERMS
The following additional terms apply only if you download or purchase the App through the Apple App Store, and are in addition to the rest of these Terms. They control over any conflicting provision of these Terms solely as to the Apple-specific matters they address.
(a) Acknowledgement. These Terms are concluded between you and Company only, and not with Apple Inc. (“Apple”). Company, not Apple, is solely responsible for the App and its content.
(b) Scope of License. Your license to use the App is limited to a non-transferable license to use the App on any Apple-branded product that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions.
(c) Maintenance and Support. Company is solely responsible for providing any maintenance and support for the App. Apple has no obligation to furnish any maintenance or support services with respect to the App.
(d) Warranty. Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price of the App to you; to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App.
(e) Product Claims. Company, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including product liability claims, any claim that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
(f) Intellectual Property. In the event of any third-party claim that the App or your use of it infringes that party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
(g) Legal Compliance. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) Developer Contact. Questions, complaints, or claims with respect to the App should be directed to Company at the contact information provided in Section 23.
(i) Third-Party Terms. You must comply with any applicable third-party terms of agreement when using the App.
(j) Third-Party Beneficiary. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
7. SUBSCRIPTIONS, BILLING, AND AUTO-RENEWAL
Certain features of the App are offered as auto-renewing subscriptions. By purchasing a subscription, you agree to the following: (a) the subscription continues and automatically renews for the same period (e.g., monthly or annual) at the then-current price until you cancel; (b) payment is charged to your App Store account at confirmation of purchase and again at each renewal; (c) your account is charged for renewal within 24 hours prior to the end of the current period unless auto-renewal is turned off; and (d) you can manage or cancel your subscription, and turn off auto-renewal, in your App Store account settings. Cancellation takes effect at the end of the current billing period.
8. REFUNDS
Subscriptions and other purchases made through an App Store are processed by that App Store, and refunds for such purchases are handled by Apple or Google in accordance with their respective policies. We do not directly process refunds for App Store purchases; please contact the applicable App Store to request a refund. To the maximum extent permitted by law, any purchases made directly through the Site for digital products are non-refundable due to the digital nature of the product, except where a refund is required by applicable law.
9. NO MEDICAL OR PSYCHOLOGICAL ADVICE
The Services, including any assessments, scores, results, audio content, and related materials, are provided for general informational, educational, and self-reflection purposes only. They are not medical, psychological, diagnostic, or therapeutic advice, and are not a substitute for professional care. The Services do not diagnose, treat, or cure any condition. You should consult a qualified professional for advice regarding your health or mental well-being. Never disregard or delay seeking professional advice because of something you accessed through the Services. Your reliance on any information provided through the Services is solely at your own risk.
10. ACCEPTABLE USE
You agree not to: (a) use the Services for any unlawful purpose or in violation of these Terms; (b) interfere with or disrupt the integrity or performance of the Services; (c) attempt to gain unauthorized access to the Services or related systems; (d) copy, scrape, or redistribute Content except as expressly permitted; or (e) use the Services to harass, abuse, or harm another person. We may suspend or terminate your access for any violation of these Terms.
11. INTELLECTUAL PROPERTY; NO LICENSE; TRADEMARKS
All Content and all intellectual property in the Services are owned by Company or its licensors and are protected by applicable law. Nothing on the Services should be understood as granting you a license to use any trademark, service mark, or logo owned by Company or any third party. All rights not expressly granted are reserved.
12. AFFILIATED AND THIRD-PARTY SITES
The Services may link to or provide access to third-party websites, content, or services. Company has no control over, and assumes no responsibility or liability for, the content, accuracy, or practices of any third-party sites or materials. Your use of any third-party content is at your own risk and may be subject to the third party’s own terms.
13. NO WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) FIFTY U.S. DOLLARS (US$50). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
15. INDEMNITY
You agree to indemnify, defend, and hold harmless Company and its affiliates, officers, directors, employees, agents, and representatives from any and all third-party claims, losses, liabilities, damages, and costs (including reasonable attorneys’ fees) arising from your use of the Services, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity. Company will notify you of any such claim and may, at its option, control the defense.
16. GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of the United States and the Commonwealth of Massachusetts, without reference to conflict-of-law rules. You and Company consent to the exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts for all disputes arising out of or relating to these Terms or the Services. Purchases made through an App Store are additionally subject to that App Store’s terms and conditions.
17. ELECTRONIC COMMUNICATIONS
By using the Services, you consent to receive communications from us electronically, including by email or through the Services. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
18. PRICING AND PRODUCT/SERVICE AVAILABILITY
We reserve the right to change product and service pricing and availability at any time and without notice. Pricing changes do not apply retroactively to a subscription period already paid. We do not provide retroactive refunds if pricing changes.
19. GEOGRAPHIC SCOPE AND EXPORT
The Services are controlled and operated by Company from the Commonwealth of Massachusetts and are intended for users located in the United States only. We make no representation that the Services or their content are appropriate or available for use outside the United States, and you may not access or use them from any jurisdiction where doing so is prohibited. Those who choose to access the Services do so on their own initiative and are responsible for compliance with local law. You represent that you are not located in, or a national or resident of, any country subject to a U.S. Government embargo or sanctions, and that you are not on any U.S. Government prohibited-parties list. You may not use or export the Services in violation of U.S. export laws or sanctions.
20. SEVERABILITY; WAIVER
If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect. No waiver of any breach constitutes a waiver of any other breach, and no waiver is effective unless made in writing and signed by an authorized representative of the waiving party.
21. CHANGES TO THESE TERMS
We may amend these Terms from time to time. When we do, we will update the “Last Modified” date above and, where appropriate, post a notice on the Site or within the App. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
22. COPYRIGHT NOTICE
All Content of the Services is Copyright © 2026 Nanyda, LLC, Plainville, MA 02762. All rights reserved.
23. CONTACT
Questions about these Terms may be sent to Company at: Nanyda, LLC, Plainville, MA 02762, support@nanyda.com.