Terms of service

1. Introduction and Acceptance

Welcome to Naya. In these Terms of Service ("Terms"), "Naya," "we," "us," and "our" refer to Naya Technologies Inc. Naya operates this store and website, along with the Naya Cube device, the Naya mobile and web applications, and our related cloud and monitoring services (together, the "Services"). Our store is powered by Shopify.

These Terms, together with any policies referenced here, describe your rights and responsibilities when you use the Services. By visiting our site, purchasing a product, or using a device or app, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use the Services. We may update these Terms from time to time, and your continued use after changes are posted constitutes acceptance.

Please read Section 25 carefully. It contains a binding arbitration agreement and a class action waiver that affect how disputes between you and Naya are resolved. Section 7 explains that paid plans renew automatically until you cancel.

2. Definitions

  • "Device" means the Naya Cube and any related hardware or accessories you purchase from us.
  • "App" means the Naya mobile and web applications.
  • "Subscription" means a paid membership plan (Essential or Complete) that unlocks additional features.
  • "Content" means video, audio, images, and other data generated by or stored through the Services.

3. Eligibility and Account

You must be at least 18 years of age and able to form a binding contract to create an account or purchase from us. You are responsible for the accuracy of the information you provide and for maintaining the security of your account credentials and all activity under your account. You may not transfer, sell, or assign your account to anyone else, and you may not use the Services for any unlawful purpose. Notify us promptly of any unauthorized use of your account.

4. Products and Services

The Naya Cube is a connected hardware device that relies on Wi-Fi, an internet connection, and the App and our cloud services to deliver many of its features. We have made every effort to represent our products accurately, but colors and appearance may vary by screen, and we do not warrant that a product will meet your expectations or look identical to its depiction online.

Certain features, including AI voice response, facial recognition, extended cloud history, live human takeover, and emergency dispatch, depend on the Subscription plan you select and on a working internet connection. Features may change, and we may add, modify, or discontinue products or features at any time. We may also limit quantities or availability by person, region, or jurisdiction.

5. Orders and Acceptance

When you place an order, you are making an offer to purchase. We may accept or decline any order at our discretion, and your order is not accepted until we confirm it and process your payment. Please review your order carefully before submitting it, as we may be unable to change or cancel an order once accepted. If we cannot accept, change, or must cancel an order, we will try to notify you using the contact details you provided. Your purchases are for personal or household use only and not for commercial resale or export.

6. Pricing, Taxes, and Billing

Prices are subject to change without notice. The price you pay is the price in effect when your order is placed, as shown in your order confirmation. Unless stated otherwise, posted prices exclude taxes, shipping, handling, and any customs or import charges. You agree to provide current, complete, and accurate payment and account information, and you represent that you are authorized to use the payment method you provide.

7. Memberships and Subscriptions

The Naya Cube is a one-time purchase. We offer a free Aware plan and paid Essential and Complete plans. Paid plans renew automatically. By enrolling in a paid plan, you authorize us to charge your payment method on a recurring basis (for example, monthly) at the then-current rate, including applicable taxes, until you cancel. The amount billed may vary if you change plans or if taxes or fees change.

You may cancel at any time through your account settings, the App, or by contacting us at support@tryblossm.com. You must cancel before your next billing date to avoid being charged for the next term. Cancellation takes effect at the end of your current billing cycle, and fees already billed are non-refundable. We may change plan pricing with at least 30 days' notice, and you may cancel before the change takes effect. Cancelling a paid plan does not affect your ownership of the Device or your access to the free Aware plan.

8. Software License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App and the firmware on your Device for your personal, non-commercial use. You may not copy, modify, distribute, sell, lease, reverse engineer, or attempt to extract the source code or model weights of the App or firmware, except where such restriction is prohibited by law. All rights not expressly granted to you are reserved by Naya.

9. Software and Firmware Updates

To keep your Device secure and reliable, we provide software and firmware updates from time to time.

  • Automatic updates. Most updates download and install automatically to improve performance, fix bugs, and apply security patches, and may run in the background without prior notice.
  • Optional updates. For major updates that add significant features, you may receive a notification and choose whether to install. Declining may limit access to newer features.
  • Mandatory updates. In critical situations, such as serious security vulnerabilities or legal requirements, we may issue required updates that install automatically or must be installed before further use. If you do not install them, some features or App access may be limited.

By continuing to use the Device or App after an update, you accept the update and any accompanying changes.

10. Acceptable Use and Recording Responsibilities

You agree to use the Device and Services lawfully and only in locations where you have the legal right to record video and audio. You are solely responsible for complying with all applicable laws regarding recording, surveillance, consent, and notice, including laws that require you to inform other people, and in some places obtain their consent, before recording them or using facial recognition. You may not use the Services to harass, stalk, intimidate, or violate the privacy or rights of any person. You are responsible for how you position your Device and what it captures.

11. Artificial Intelligence Features

The Naya Cube uses artificial intelligence to detect and classify events, recognize faces, and decide how to respond.

  • On-device and cloud processing. Tasks such as motion detection, object recognition, and facial recognition are processed on the Device wherever possible. Some features may use cloud processing. Performance can be affected by lighting, angle, background noise, and other conditions.
  • Lawful use only. You agree not to use AI features to create deepfakes, conduct unlawful surveillance, or generate harmful, fraudulent, or infringing content. On-device facial recognition is intended only for distinguishing known individuals with appropriate authorization, and not for unlawful identification of others.
  • Not professional advice. AI outputs, including voice interactions and detections, are probabilistic and may contain errors. They are provided for assistance only and are not a substitute for professional security, legal, medical, or safety advice. You are responsible for reviewing AI outputs before relying on them.
  • Ownership. The AI models, algorithms, and underlying technology are the property of Naya or its licensors. You may not reverse engineer or attempt to extract them.

12. Safety Disclaimer: Not an Emergency or Monitoring Service

The Naya Cube and its features, including detection, alerts, voice response, fall detection, live human takeover, and emergency dispatch, are designed to assist you but are not a substitute for professional security monitoring, medical alert services, or emergency services such as 911. We do not guarantee that the Device will detect, prevent, or respond to every event, and performance can be affected by connectivity, power, placement, environment, and other factors. Always contact professional emergency services directly in an emergency. You should not rely on the Services as your sole means of protecting people or property.

13. Emergency Response and Professional Monitoring (Complete Plan)

If you subscribe to the Complete plan, your Services may include live human takeover and emergency dispatch ("Emergency Response"). The following additional terms apply.

  • Dependencies and limitations. Emergency Response depends on electrical power, a working internet connection, third-party networks, and accurate account information. It may not function if power or connectivity is lost, if your address is incorrect, if permissions are disabled, or during force majeure events. It may fail to detect an event, and false detections can occur.
  • Not a 911 replacement. Emergency Response is not a replacement for 911 or local emergency services. In any emergency, contact 911 or your local emergency services directly.
  • Authorization to share information. You authorize us and our monitoring partners to contact you and your designated emergency contacts, to review footage you authorize, and to share relevant information with police, fire, medical, or other responders. You are responsible for obtaining consent from anyone you add as an emergency contact.
  • Third-party reliance. We rely on third parties and public networks to route and deliver Emergency Response and do not control how emergency centers or responders act. We disclaim liability for their conduct to the fullest extent permitted by law.
  • False alarm fees. Government or municipal authorities may charge fines or fees for false alarms or non-compliance with local alarm regulations. You are responsible for any such fees, and you agree to indemnify us for them to the extent permitted by law.
  • Availability. Emergency Response is unavailable if your Complete plan ends, lapses, or is suspended.

14. Assumption of Risk; Not an Insurer

You acknowledge that Naya is not an insurer. The fees you pay for the Device and Services are not insurance premiums and are not related to the value of your property or any risk of loss at your location. Our equipment and Services cannot prevent, and do not insure against, events such as fires, floods, break-ins, theft, injury, or other incidents, and we do not guarantee that the Services will detect or avert them or their consequences. If you want protection against loss, you should obtain appropriate insurance. To the fullest extent permitted by law, you assume the risk that you, your property, or others may suffer loss, damage, or injury, and you agree not to look to Naya to compensate you or anyone else for such loss.

15. Communications and Text Messages

By creating an account or providing your contact details, you agree to receive communications from us about your account, orders, and the Services, including by email and in-app messages. With your consent where required, we may also send marketing communications, which you can opt out of using the unsubscribe link in any promotional message.

If you provide your mobile number and opt in, you agree to receive recurring account-related and promotional text messages, which may include alerts, updates, and offers. Consent is not a condition of purchase. Message frequency varies, and message and data rates may apply. Reply STOP to unsubscribe or HELP for help. You are responsible for keeping your contact information current.

16. Third-Party Services and Links

The Services may include tools, materials, or links provided by third parties that we do not control or monitor. We provide access to these "as is" and "as available," without warranties or endorsement, and we are not liable for your use of them. Please review the third party's own terms and policies before using their services.

17. Intellectual Property

The Services, including all trademarks, text, graphics, images, video, audio, product descriptions, and their selection and arrangement, are owned by Naya, its affiliates, or licensors and are protected by intellectual property laws. These Terms permit personal, non-commercial use only. You may not reproduce, distribute, modify, republish, or create derivative works from any part of the Services without our prior written consent. Naya's names, logos, and slogans are our trademarks and may not be used without permission.

18. User Content, Feedback, and Reviews

If you submit reviews, suggestions, ideas, or other feedback ("Feedback"), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, and distribute it for any purpose, including commercial use. You represent that you own or have the rights to your Feedback, that you have disclosed any compensation received for it, and that it does not violate these Terms or the rights of any third party. We may, but are not obligated to, monitor, edit, or remove Feedback we consider objectionable or unlawful.

19. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED BY NAYA AND SUBJECT TO OUR LIMITED WARRANTY FOR THE DEVICE, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. Nothing in these Terms limits your non-excludable rights under the consumer law of your jurisdiction. Our Limited Warranty gives you specific legal rights, and you may have other rights that vary by state, province, or country.

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NAYA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOSS OF CONTENT, FAILURE TO RECORD OR STORE CONTENT, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR ANY PRODUCT WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO NAYA IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR FIFTY US DOLLARS (US$50). NOTHING IN THIS SECTION EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

21. Indemnification

You agree to indemnify and hold harmless Naya, Shopify, and our affiliates, officers, directors, employees, agents, and service providers from any claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of (1) your breach of these Terms, (2) your violation of any law or third-party right, including recording and privacy laws, or (3) your use of the Services.

22. Relationship with Shopify

Our store is powered by Shopify, but your purchases are made directly with Naya. You acknowledge that Shopify is not responsible for any aspect of the sale between you and Naya, including any injury, damage, or loss resulting from products or services, and you release Shopify and its affiliates from all claims arising from your transactions with Naya.

23. Term and Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or to protect the Services or other users. You may stop using the Services at any time. Upon termination, your right to use the App and paid features ends, and you remain responsible for any amounts due. We may delete Content associated with your account following termination in accordance with our Privacy Policy and retention practices, so you are responsible for exporting any recordings you wish to keep before your account closes. Sections that by their nature should survive termination, including Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Assumption of Risk, and Dispute Resolution, will continue to apply.

24. Export Controls and Sanctions

You agree to comply with all applicable export control and sanctions laws. You represent that you are not located in, or a resident of, any country or region subject to comprehensive sanctions, and that you are not on any government list of restricted or prohibited parties. You agree not to export, re-export, or transfer the Device or Services to any restricted destination or party.

25. Dispute Resolution, Arbitration, and Governing Law

These Terms and any dispute arising from them are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules.

Informal resolution. Before starting an arbitration, you agree to first contact us at support@tryblossm.com and try to resolve the dispute informally for at least 30 days.

Binding arbitration. IF THE DISPUTE IS NOT RESOLVED, YOU AND NAYA AGREE TO RESOLVE ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT, EXCEPT THAT EITHER PARTY MAY BRING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT. The arbitration will be administered by a recognized arbitration provider under its consumer rules, and judgment on the award may be entered in any court with jurisdiction.

Class action waiver. YOU AND NAYA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.

30-day opt-out. You may opt out of this arbitration agreement and class action waiver by sending written notice with your name and order details to 1021 E Lincolnway, Unit 565, Cheyenne, WY 82001, United States, or to support@tryblossm.com, within 30 days of first agreeing to these Terms. If you opt out, disputes will be resolved in the courts identified below.

Courts. For any dispute not subject to arbitration, you and Naya consent to the exclusive jurisdiction and venue of the state and federal courts located in Wyoming, except where applicable law gives you the right to bring a claim in your local courts.

26. Changes to These Terms

We may update, change, or replace any part of these Terms by posting the revised version on this page and updating the date above. It is your responsibility to review this page periodically. We will provide notice of material changes as required by law. Your continued use of the Services after changes are posted constitutes acceptance.

27. General

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our consent, but we may assign them without restriction. These Terms, together with the policies referenced here, are the entire agreement between you and us regarding the Services. We are not liable for delays or failures caused by events beyond our reasonable control.

28. Contact

Questions about these Terms can be sent to support@tryblossm.com or by mail to:

Naya Technologies Inc.

1021 E Lincolnway Unit 565
Cheyenne, WY 82001
United States