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MaivaTerms of Use

Maiva Terms of Use

Effective date: October 12, 2026 · Last updated: October 12, 2026

These Terms of Use (“Terms”) are an agreement between you and BUNNYSOFT LLC, a New York limited liability company (“BUNNYSOFT”, “we”, “us” or “our”). They govern your use of the Maiva mobile app, its AI coaching features, and our related websites and services (together, the “Service”).

Please read these Terms carefully. In particular:

  • Maiva is not medical care, and exercise carries a risk of injury. You use the Service at your own risk. See Health and safety and Assumption of risk and release.
  • If you live in the United States, section 18 requires most disputes to be resolved by binding individual arbitration, and waives class actions and jury trials. You can opt out within 30 days.
  • If you live in Australia or New Zealand, section 17 explains consumer rights that these Terms don’t take away.

You accept these Terms when you tick the box at sign-up, or when you use the Service. If you don’t agree, don’t use the Service. Our Privacy Policy and Consumer Health Data Privacy Policy explain how we handle personal information.

1. Who can use Maiva

  • You must be 18 or older.
  • We offer the Service in the United States, Australia and New Zealand only.
  • The Service is for your own personal, non-commercial use. You can’t use it to coach, train or plan for anyone else.
  • You can’t use the Service if the law prohibits you from doing so, or if we have previously closed your account for breaking these Terms.

2. Your account

  • Give accurate information when you sign up, and keep it up to date.
  • Keep your sign-in details secure. You’re responsible for everything that happens under your account. Tell us straight away if you think someone else has accessed it.
  • An account is for one person. Don’t share it, sell it or transfer it.

3. Health and safety

Maiva is a general fitness app. It is not a medical device, and it does not provide medical, physical therapy, nutrition, mental health or other health care advice, diagnosis or treatment. Using the Service does not create a doctor–patient, therapist–client or trainer–client relationship with anyone.

  • Check with a doctor first. Talk to a doctor or other qualified health professional before you start any exercise program, change how active you are, or do any workout or activity snack the Service suggests. This matters most if you:
    • are pregnant or have recently given birth
    • have, or have had, a heart, lung, joint, bone, metabolic or other medical condition
    • have an injury, pain or a recent surgery
    • take medication
    • are new to exercise or returning after a long break
  • Maiva doesn’t take your health into account. We don’t ask about injuries, medical conditions, medications or pregnancy, and the Service isn’t designed to adjust for them. The “movements to skip” list only leaves out the movements you choose. It doesn’t make a workout safe for any condition.
  • Stop if anything feels wrong. Stop straight away and get medical help if you feel pain, dizziness, faintness, chest pain or pressure, unusual shortness of breath, an irregular heartbeat, nausea, or any other unusual symptom.
  • Emergencies. Maiva can’t help in an emergency. Call 911 in the US, 000 in Australia or 111 in New Zealand.
  • Train safely. Warm up. Use good form, and loads you can control. Use equipment that is in good condition and suitable for the exercise, in a safe space, with a spotter when one is needed. Only do an activity snack when it’s safe to do so, and never while driving, operating machinery or in a place where a sudden movement could hurt you or someone else.
  • You decide. You are responsible for deciding whether any exercise, workout, plan or suggestion is right for you.

4. The AI coach

  • Maiva’s trainers are AI personas, not people. Their names and personalities are fictional. Their responses are generated automatically by artificial intelligence models from third-party providers, and no person reviews them before you see them.
  • AI output can be wrong. It can be inaccurate, incomplete, out of date, inconsistent, unsuitable for you, or offensive. The same question can get different answers. Don’t rely on it as your only source of information. Use your own judgment, and check anything important with a qualified professional.
  • The AI coach isn’t a health professional. It isn’t a doctor, physiotherapist or physical therapist, dietitian, or mental health professional. It doesn’t diagnose or treat any condition or injury, even if you tell it about one. If you raise an injury or a health concern, it will point you to a professional.
  • Please don’t share health information with the AI coach. If you do, our Privacy Policy and Consumer Health Data Privacy Policy explain what happens to it.
  • If you are in crisis or thinking about harming yourself, contact emergency services or a crisis line straight away: 988 in the US, Lifeline on 13 11 14 in Australia, or 1737 in New Zealand.

5. Assumption of risk and release

This section limits your right to bring claims against us. To the maximum extent permitted by law:

  • Assumption of risk. You understand that exercise and physical activity carry inherent risks. These include muscle strains and tears, sprains, fractures, joint and back injuries, heart attack, stroke and, in rare cases, death. These risks can arise from following any workout, plan, activity snack or AI guidance in the Service, including guidance that turns out to be wrong or unsuitable for you. You voluntarily accept all of these risks.
  • Release. You release BUNNYSOFT and its members, managers, employees, contractors and agents (the “BUNNYSOFT Parties”) from all claims for injury, illness, death or damage to property arising from your exercise or your use of the Service, including claims based on the ordinary negligence of a BUNNYSOFT Party.
  • California residents. You waive California Civil Code section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You waive any similar law in any other state.
  • What this doesn’t cover. This section doesn’t release claims for gross negligence, recklessness, wilful misconduct or fraud, or anything else that the law doesn’t allow to be released. If you live in Australia or New Zealand, see section 17.

6. Subscriptions and payment

  • Free allowance. New accounts get a limited free allowance of AI features. We set and may change the size of the allowance and the features it covers. Once it’s used up, AI features need a Maiva Pro subscription.
  • Maiva Pro. Maiva Pro is sold as a monthly or annual auto-renewing subscription through the Apple App Store or Google Play (each a “Store”). The price, the billing period and what’s included are shown before you buy.
  • Automatic renewal. Your subscription renews automatically at the end of each period, for the same length of time and at the then-current price, and is charged to your Store account, until you cancel. To avoid being charged for the next period, cancel at least 24 hours before the current period ends, or by any other deadline the Store sets.
  • How to cancel. Cancel at any time in your App Store or Google Play account settings. Cancelling stops future renewals, and you keep access until the end of the period you’ve paid for. Deleting the app doesn’t cancel your subscription. Deleting your Maiva account doesn’t cancel an App Store subscription either. For a Google Play subscription, we try to stop it renewing when you delete your account, and tell you if we can’t.
  • Free trials and introductory offers. If we offer one, it converts to a paid subscription at the end of the offer period unless you cancel before it ends. The offer’s terms are shown before you accept it.
  • Price changes. If the price of your subscription changes, you’ll be told in advance as the Store and the law require, and the Store will ask for your consent where required.
  • Refunds. Payments are processed by Apple or Google under their own terms, and we can’t issue refunds directly. To ask for a refund, contact Apple or Google. This doesn’t affect any refund rights you have under law, including those in section 17.
  • Usage limits. AI features are subject to usage limits, even on paid plans. These limits control costs and prevent abuse. If you reach a limit, some AI features may pause until it resets. We may adjust the limits. If a change significantly reduces what your paid plan includes, we’ll tell you in advance, and you can cancel before it takes effect.
  • Taxes. Prices shown by the Store include or add any applicable taxes as the Store determines.

7. Acceptable use

Don’t, and don’t help anyone else to:

  • use the Service for anything unlawful, harmful or fraudulent
  • try to extract, reveal or copy the Service’s system prompts, instructions or models, or use “jailbreaks” or other tricks to make the AI bypass its safeguards
  • use the AI to create content that is illegal, sexually explicit, hateful, harassing or violent, or that promotes self-harm or disordered eating
  • copy, scrape, resell or commercially exploit the Service or its content, or access it by automated means
  • get around usage limits, the free allowance or the paywall, including by opening more than one account
  • use the Service or its output to build or train a competing product or AI model
  • probe, scan or test the Service’s security, interfere with it, overload it or introduce malware
  • impersonate anyone, or enter another person’s personal information without their permission

We may investigate suspected breaches. We may remove content, limit features, or suspend or close accounts as described in section 12.

8. Your content

  • “Your Content” means what you enter into the Service: your profile, messages, workouts and logs.
  • You own Your Content. You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process and transmit it, including to our service providers such as our AI providers, as needed to operate, secure and support the Service, as described in our Privacy Policy. The licence ends when Your Content is deleted, except for copies we keep as the Privacy Policy describes.
  • We don’t use Your Content to train AI models, and our AI providers’ terms don’t allow them to either.
  • You’re responsible for Your Content, and for having the right to share it.
  • AI output. As between you and us, you can use the plans and responses generated for you for your own personal, non-commercial purposes. Other users may receive similar output.
  • Feedback. If you send us ideas or feedback, we may use them without any obligation to you.

9. Our rights

The Service, including its software, design, text, workouts, trainer personas and the Maiva and BUNNYSOFT names and logos, belongs to BUNNYSOFT or its licensors. We give you a limited, personal, revocable, non-exclusive, non-transferable licence to install and use the Maiva app on devices you own or control, for your own non-commercial use, under these Terms and the Store’s rules. We keep all rights we don’t expressly give you.

10. Third-party content and services

  • Movement videos. For an exercise, the app can open a YouTube search so you can find demonstration videos. We don’t host, choose, review or endorse these videos. They may show unsafe technique, or a different exercise. YouTube’s terms and Google’s privacy policy apply to your use of YouTube.
  • Other services. Sign in with Apple, Google Sign-In, the Stores and other third-party services are provided under their own terms. We’re not responsible for them.

11. Changes to the Service and availability

  • We may change, add or remove features, or suspend or discontinue the Service, in whole or in part. If we discontinue the Service entirely, we’ll give you reasonable notice where we can.
  • We don’t promise that the Service will always be available or error-free. Outages, errors and loss of data can happen. Keep your own copy of anything important to you.

12. Ending these Terms

  • You can stop using the Service at any time, and delete your account in the app. Deleting your account doesn’t cancel an App Store subscription (see section 6).
  • We may suspend or close your account if you breach these Terms, if your use creates a risk to you, other people or the Service, if the law requires it, or if we discontinue the Service. Where it’s reasonable, we’ll tell you first and explain why. If we close your account when you haven’t breached these Terms, we’ll help you ask the Store for a refund of any unused period you’ve paid for.
  • Sections that by their nature should survive, including sections 3–5, 8 and 13–22, survive the end of these Terms.

13. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, INCLUDING ALL WORKOUTS, PLANS, ACTIVITY SNACKS, AI OUTPUT AND THIRD-PARTY CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. THESE INCLUDE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT. WE DON’T WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS OR GOALS, THAT IT WILL BE SAFE OR SUITABLE FOR YOU, THAT IT WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT YOUR DATA WON’T BE LOST.

Some places don’t allow some of these disclaimers, so they may not all apply to you. See section 17 if you live in Australia or New Zealand.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • THE BUNNYSOFT PARTIES WON’T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS.
  • THE BUNNYSOFT PARTIES’ TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) US$100.
  • These limits apply whatever the legal theory, including contract, tort (including negligence), product liability, strict liability and statute, and even if we were told that the loss was possible.
  • These limits don’t apply to liability that the law doesn’t allow to be limited, such as liability for gross negligence, wilful misconduct or fraud, or, where the law requires, for death or personal injury caused by our negligence.
  • Time limit. Where the law allows, any claim must be brought within one year after it arises, or it is permanently barred.

15. Indemnity

To the extent the law allows, you’ll indemnify the BUNNYSOFT Parties against third-party claims, and the resulting losses and costs (including reasonable legal fees), to the extent they arise from your breach of these Terms, your misuse of the Service, Your Content, or your violation of any law or third-party right. This doesn’t apply to the extent a claim is caused by a BUNNYSOFT Party.

16. Changes to these Terms

  • We may update these Terms. We’ll post the new version here and change the dates at the top.
  • If a change is material, we’ll tell you in the app or by email at least 30 days before it takes effect. Where the law requires, we’ll ask you to accept it. A change needed for legal or safety reasons may take effect sooner.
  • If you keep using the Service after a change takes effect, you accept the new Terms. If you don’t agree, stop using the Service and cancel your subscription.
  • A change doesn’t apply to a dispute that either of us has already notified to the other.
  • Changes to section 18 are covered in section 18.7.

17. Australia and New Zealand

Australia. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that can’t lawfully be excluded, restricted or modified. Sections 5, 13, 14 and 15 apply only to the extent the law allows. To the extent permitted by section 139A of the Competition and Consumer Act 2010, if the Service is a “recreational service”, our liability for death or personal injury resulting from a failure to comply with the guarantees in sections 60 and 61 of the Australian Consumer Law is excluded.

New Zealand. Nothing in these Terms limits any right you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other law that can’t lawfully be excluded or limited. Sections 5, 13, 14 and 15 apply only to the extent the law allows.

Where disputes are heard. If you live in Australia or New Zealand, section 18 doesn’t apply to you. You can bring proceedings in the courts of the place where you live, and New York law applies only to the extent it doesn’t remove protections that your local law gives you and that can’t be excluded by agreement.

18. Arbitration agreement for US users

This section applies if you live in the United States. It affects your legal rights. Please read it carefully.

18.1 Try to resolve it informally first

Before starting an arbitration or a small-claims case, the party with the claim must send the other a written Notice of Dispute:

  • To us: email legal@bunny-soft.com and mail a copy to BUNNYSOFT LLC, 418 Broadway Ste R, Albany, NY 12207.
  • To you: we’ll email the address on your account.

The notice must include your name, your account email, a description of the claim and the relief sought, and be signed by you personally (or by us). For 60 days after the notice is received, we’ll both try in good faith to resolve the dispute, which can include a call if either of us asks for one. Deadlines for bringing the claim, and for any fees, are paused during those 60 days. Completing this process is required before starting an arbitration, and a court can enforce this requirement.

18.2 Agreement to arbitrate

You and BUNNYSOFT agree that any dispute, claim or controversy arising out of or relating to these Terms, the Service or your use of it, including claims for personal injury, claims about privacy or personal data, and claims that arose before you accepted these Terms (a “Dispute”), will be resolved by binding individual arbitration, not in court. The arbitrator decides all questions about whether a Dispute must be arbitrated, except that a court decides questions about sections 18.4 and 18.5.

Exceptions. Either of us may instead:

  • bring an individual claim in small-claims court, if it qualifies there and stays there
  • ask a court for an injunction to stop actual or threatened infringement or misuse of intellectual property, or unauthorized access to or abuse of the Service

18.3 How arbitration works

  • The arbitration is administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where they apply, its Mass Arbitration Supplementary Rules (the “Rules”), as modified by this section. The Rules are at adr.org . If the AAA can’t or won’t administer the arbitration, we’ll agree on another provider, or a court will appoint one.
  • Fees are paid as the Rules provide. Under the AAA Consumer Rules, the consumer’s filing fee is capped and the business pays the rest, including the arbitrator’s fees.
  • A single arbitrator decides the Dispute. Unless we agree otherwise, the arbitration takes place by video, by phone or on written submissions. If a hearing in person is needed, it takes place in the county where you live, or in Queens County, New York, if you prefer.
  • The arbitrator applies the same law and limitation periods a court would, and can award the same individual relief a court could, but only in favor of the individual party seeking it and only to the extent needed for that party’s individual claim. The award is final and binding, and judgment on it may be entered in any court with jurisdiction.

18.4 Class action and jury trial waiver

You and BUNNYSOFT may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. YOU AND BUNNYSOFT WAIVE ANY RIGHT TO A JURY TRIAL.

The arbitrator can’t combine more than one person’s claims, except as section 18.5 allows. If a court decides that the law doesn’t allow this waiver for a particular claim or request for relief, then that claim or request (and only that one) is decided in court after the individual arbitration ends. This includes any request for public injunctive relief that the law doesn’t allow to be waived, such as under California law. The rest of this section still applies.

18.5 Mass arbitration

If 25 or more similar Disputes are filed against us by or with the help of the same or coordinated lawyers or organizations, they are “Mass Filings”, and:

  • The AAA’s Mass Arbitration Supplementary Rules apply.
  • They proceed in stages. First, the claimants’ lawyers and we each choose up to 10 Disputes to arbitrate. The other Disputes are held, no fees are due for them, and their limitation periods are paused.
  • After the first stage, the parties mediate the remaining Disputes in good faith for up to 60 days, with each side paying its own costs and us paying the mediator.
  • If mediation doesn’t resolve them, the remaining Disputes proceed in batches of up to 100, with fees charged per batch, unless the AAA sets a different process.
  • A court may enforce this section, and decides any disagreement about whether it applies.

18.6 Your right to opt out

You can opt out of this arbitration agreement within 30 days after you first accept these Terms. Email legal@bunny-soft.com with the subject “Arbitration opt-out”, your name and your account email, and say that you’re opting out. Opting out doesn’t affect any other part of these Terms. If you opted out of an earlier version, you stay opted out.

18.7 Changes to this section

If we change this section, other than our contact details, you can reject the change by emailing legal@bunny-soft.com within 30 days after it takes effect. The version of this section you last accepted then continues to apply to Disputes between us.

18.8 Severability and survival

If any part of this section other than section 18.4 is found unenforceable, that part is removed and the rest still applies. Section 18.4 is handled as it describes. This section survives the end of these Terms and the deletion of your account.

18.9 Federal Arbitration Act

This section is governed by the Federal Arbitration Act.

19. Governing law and courts

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules, except that section 18 is governed by the Federal Arbitration Act. For any claim that isn’t arbitrated, you and we submit to the exclusive jurisdiction of the state courts located in Queens County, New York, and the United States District Court for the Eastern District of New York, except for small-claims cases and as section 17 provides. To the extent the law allows, you and we waive any right to a jury trial in any court action.

20. App Store and Google Play

If you downloaded the app from the Apple App Store:

  • These Terms are between you and BUNNYSOFT only, not Apple. BUNNYSOFT, not Apple, is solely responsible for the app and its content.
  • Your licence to use the app is limited to Apple-branded products that you own or control, as the Usage Rules in Apple’s Media Services Terms and Conditions allow, including Family Sharing.
  • Apple has no obligation to provide maintenance or support for the app.
  • If the app fails to conform to any warranty that hasn’t been effectively disclaimed, you can notify Apple, and Apple will refund the purchase price of the app, if any. To the maximum extent permitted by law, Apple has no other warranty obligation for the app. BUNNYSOFT is responsible for any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty, to the extent they haven’t been disclaimed.
  • BUNNYSOFT, not Apple, is responsible for addressing any claims by you or a third party relating to the app, including product liability claims, claims that the app fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
  • If a third party claims that the app or your use of it infringes their intellectual property, BUNNYSOFT, not Apple, is responsible for investigating, defending, settling and discharging the claim.
  • You confirm that you aren’t located in a country subject to a US government embargo, or designated by the US government as a “terrorist supporting” country, and that you aren’t on any US government list of prohibited or restricted parties.
  • You must comply with any third-party terms that apply when you use the app, such as your mobile carrier’s terms.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept them, Apple can enforce them against you as a third-party beneficiary.

Questions, complaints and claims about the app go to us, using the details in section 22.

If you downloaded the app from Google Play, your purchases are also governed by Google Play’s terms. Google isn’t a party to these Terms.

21. General

  • Entire agreement. These Terms, together with our Privacy Policy, our Consumer Health Data Privacy Policy and any terms shown in the app when you buy or use a feature, are the whole agreement between you and us about the Service.
  • Severability. Subject to section 18, if any part of these Terms is found unenforceable, it’s limited or removed to the minimum extent necessary, and the rest stays in effect.
  • No waiver. If we don’t enforce a right, that doesn’t waive it.
  • Assignment. You can’t transfer your rights or obligations under these Terms. We may transfer ours as part of a merger, acquisition or sale of assets, or by operation of law, and we’ll tell you if we do.
  • Events beyond our control. We’re not responsible for delays or failures caused by events beyond our reasonable control, including outages at our service providers.
  • Notices and electronic communications. We may send you notices by email or in the app. You agree to receive them electronically. Notices to us go to legal@bunny-soft.com, with a copy by mail to the address in section 22.
  • Third-party beneficiaries. The BUNNYSOFT Parties can rely on sections 5, 14 and 15, and Apple on section 20. No one else has rights under these Terms.
  • Export laws. You must comply with US export control and sanctions laws when using the Service.
  • Language and interpretation. These Terms are written in English, which controls. Headings are for convenience only, and “including” means “including without limitation”.

22. Contact us

BUNNYSOFT LLC 418 Broadway Ste R Albany, NY 12207 United States

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