Terms and Conditions (Beta-Test & Waitlist)
Terms and Conditions (Beta-Test & Waitlist)
Niigma™ Health Platform A division of Hybek Generic Inc. Last Updated: 16 July 2025
1. Definitions
1. Definitions
Term
“Agreement”: These Terms and Conditions, the Privacy Policy, and any supplementary policies or guidelines we publish.
Term
“Agreement”: These Terms and Conditions, the Privacy Policy, and any supplementary policies or guidelines we publish.
“Hybek,” “we,” “our,” “us”
Hybek Generic Inc., a corporation organized under the laws of Manitoba, Canada, including its officers, directors, employees, contractors, and affiliates.
“Niigma” or “Platform”
The suite of mobile and web software, services, and related documentation branded as Niigma, including the Mood-Mana mental-wellness module, Calorie Tracker, Ovulation/Cycle Tracker, Symptom Tracker, AI Health Chatbot, and Nimbus Trivia & Rewards system.
“Beta Services”
Any part of Niigma that is made available for testing prior to full commercial launch.
“Waitlist Services”
Registration and pre-launch functionality allowing prospective users to receive updates, early access, or promotional offers.
“User,” “you,” “your”
Any individual who joins the waitlist, accesses, downloads, installs, or otherwise uses the Beta Services
“Content” All data, text, images, video, audio, questions, answers, feedback, or other material provided on or through the Platform, whether by Hybek or by Users.
“Third-Party API Providers”
External services integrated into Niigma: (a) Open Food Facts® (openfoodfacts.org) for barcode-based food data; (b) OpenAI LLC for natural-language and predictive analytics; (c) Cloudinary Ltd. for media upload, transformation, and storage.
“Hybek,” “we,” “our,” “us”
Hybek Generic Inc., a corporation organized under the laws of Manitoba, Canada, including its officers, directors, employees, contractors, and affiliates.
“Niigma” or “Platform”
The suite of mobile and web software, services, and related documentation branded as Niigma, including the Mood-Mana mental-wellness module, Calorie Tracker, Ovulation/Cycle Tracker, Symptom Tracker, AI Health Chatbot, and Nimbus Trivia & Rewards system.
“Beta Services”
Any part of Niigma that is made available for testing prior to full commercial launch.
“Waitlist Services”
Registration and pre-launch functionality allowing prospective users to receive updates, early access, or promotional offers.
“User,” “you,” “your”
Any individual who joins the waitlist, accesses, downloads, installs, or otherwise uses the Beta Services
“Content” All data, text, images, video, audio, questions, answers, feedback, or other material provided on or through the Platform, whether by Hybek or by Users.
“Third-Party API Providers”
External services integrated into Niigma: (a) Open Food Facts® (openfoodfacts.org) for barcode-based food data; (b) OpenAI LLC for natural-language and predictive analytics; (c) Cloudinary Ltd. for media upload, transformation, and storage.
2. Acceptance of Agreement
2. Acceptance of Agreement
By (a) clicking “Agree,” “Join,” or a similar button; (b) joining the waitlist; (c) installing or using any part of the Platform; or (d) otherwise indicating assent, you affirm that you are at least 18 years of age (or have verifiable parental consent if 13–17) and legally competent to enter into this Agreement. If you do not agree, do not access or use the Platform.
By (a) clicking “Agree,” “Join,” or a similar button; (b) joining the waitlist; (c) installing or using any part of the Platform; or (d) otherwise indicating assent, you affirm that you are at least 18 years of age (or have verifiable parental consent if 13–17) and legally competent to enter into this Agreement. If you do not agree, do not access or use the Platform.
1. Definitions
1. Definitions
3.1 Limited, Revocable License.
We grant you a personal, non-exclusive, non-transferable, revocable, and royalty-free license to install and use the Beta Services solely for the purpose of evaluating functionality and providing feedback to Hybek.
3.1 Limited, Revocable License.
We grant you a personal, non-exclusive, non-transferable, revocable, and royalty-free license to install and use the Beta Services solely for the purpose of evaluating functionality and providing feedback to Hybek.
3.2 Prohibited Conduct. You shall not:
Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code;
Circumvent security or usage rules;
Use automated scripts, bots, or scraping tools (including for Nimbus Trivia);
Commercialize, sublicense, sell, or resell access;
Upload or transmit viruses, malware, or harmful code;
Misrepresent your identity, age, or affiliation;
Infringe any intellectual-property or privacy rights;
Use the Platform for emergency medical diagnosis or treatment.
3.2 Prohibited Conduct. You shall not:
Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code;
Circumvent security or usage rules;
Use automated scripts, bots, or scraping tools (including for Nimbus Trivia);
Commercialize, sublicense, sell, or resell access;
Upload or transmit viruses, malware, or harmful code;
Misrepresent your identity, age, or affiliation;
Infringe any intellectual-property or privacy rights;
Use the Platform for emergency medical diagnosis or treatment.
4. Beta-Specific Warnings
4. Beta-Specific Warnings
4.1 Experimental Nature. The Beta Services are pre-release software that may be incomplete, contain errors, malfunction, or change without notice.
4.1 Experimental Nature. The Beta Services are pre-release software that may be incomplete, contain errors, malfunction, or change without notice.
4.2 No Service-Level Guarantee. Hybek may suspend, modify, or terminate the Beta Services at any time without liability.
4.2 No Service-Level Guarantee. Hybek may suspend, modify, or terminate the Beta Services at any time without liability.
4.3 Data Loss. Test data, logs, or settings may be deleted or reset. Maintain your own backup copies.
4.3 Data Loss. Test data, logs, or settings may be deleted or reset. Maintain your own backup copies.
4.4 Feedback License. You hereby grant Hybek a perpetual, worldwide, irrevocable, sublicensable, transferable, royalty-free license to use, reproduce, modify, and otherwise exploit any suggestions, bug reports, or other feedback you submit, without compensation or attribution.
4.4 Feedback License. You hereby grant Hybek a perpetual, worldwide, irrevocable, sublicensable, transferable, royalty-free license to use, reproduce, modify, and otherwise exploit any suggestions, bug reports, or other feedback you submit, without compensation or attribution.
5. Health & Wellness Disclaimers
5. Health & Wellness Disclaimers
The Platform does not provide medical advice, diagnosis, or treatment and is not a regulated medical device. Always consult a qualified healthcare professional before acting on any information provided.
The Platform does not provide medical advice, diagnosis, or treatment and is not a regulated medical device. Always consult a qualified healthcare professional before acting on any information provided.
5.1 Mindspace (Mental-Wellness Suite)
Content is educational and not a substitute for counseling, psychotherapy, or crisis intervention.
If you are in distress, call 911 (Canada/USA) or your local emergency number immediately.
5.1 Mindspace (Mental-Wellness Suite)
Content is educational and not a substitute for counseling, psychotherapy, or crisis intervention.
If you are in distress, call 911 (Canada/USA) or your local emergency number immediately.
5.2 Calorie Tracker
Provides calorie and macronutrient estimates only (no micronutrient tracking).
Nutritional databases may be inaccurate or incomplete.
Consult a dietitian or physician before making dietary changes.
5.2 Calorie Tracker
Provides calorie and macronutrient estimates only (no micronutrient tracking).
Nutritional databases may be inaccurate or incomplete.
Consult a dietitian or physician before making dietary changes.
5.3 Ovulation & Cycle Tracker
Predictions are estimates and must not be relied on for contraception or fertility treatment.
Data may be used in aggregate to improve prediction algorithms.
5.3 Ovulation & Cycle Tracker
Predictions are estimates and must not be relied on for contraception or fertility treatment.
Data may be used in aggregate to improve prediction algorithms.
5.4 Symptom Tracker
Symptom correlations or advice are informational and not diagnostic.
Seek professional evaluation for any medical concern.
5.4 Symptom Tracker
Symptom correlations or advice are informational and not diagnostic.
Seek professional evaluation for any medical concern.
5.5 AI Health Chatbot
Responses are generated algorithmically and may be incomplete, outdated, or wrong.
The chatbot is not suitable for emergencies or time-critical decisions.
5.5 AI Health Chatbot
Responses are generated algorithmically and may be incomplete, outdated, or wrong.
The chatbot is not suitable for emergencies or time-critical decisions.
5.6 Nimbus Trivia & Rewards
Educational Purpose. Questions aim to promote health literacy; they are not medical advice.
Points Have No Monetary Value. They cannot be redeemed for cash or transferred.
Cheating Prohibited. Use of multiple accounts, scripts, or exploits will void points and may result in suspension.
Hybek may modify, suspend, or terminate the Trivia system or its reward thresholds at any time.
5.6 Nimbus Trivia & Rewards
Educational Purpose. Questions aim to promote health literacy; they are not medical advice.
Points Have No Monetary Value. They cannot be redeemed for cash or transferred.
Cheating Prohibited. Use of multiple accounts, scripts, or exploits will void points and may result in suspension.
Hybek may modify, suspend, or terminate the Trivia system or its reward thresholds at any time.
6. Privacy & Data Handling
6. Privacy & Data Handling
6.1 Collection. We collect registration data, device information, usage analytics, health-related inputs, and feedback.
6.1 Collection. We collect registration data, device information, usage analytics, health-related inputs, and feedback.
6.2 Legal Basis & Consent. By using the Platform, you consent to the processing of personal data as described in our Privacy Policy, pursuant to the Personal Information Protection and Electronic Documents Act (PIPEDA) and other applicable laws.
6.2 Legal Basis & Consent. By using the Platform, you consent to the processing of personal data as described in our Privacy Policy, pursuant to the Personal Information Protection and Electronic Documents Act (PIPEDA) and other applicable laws.
6.3 Storage & Security. Data is stored on secure servers in Canada or other jurisdictions with comparable protections and transmitted using TLS encryption.
6.3 Storage & Security. Data is stored on secure servers in Canada or other jurisdictions with comparable protections and transmitted using TLS encryption.
6.4 De-Identification & Research. We may anonymize and aggregate data for analytics, product improvement, or academic research.
6.4 De-Identification & Research. We may anonymize and aggregate data for analytics, product improvement, or academic research.
6.5 Third-Party Service Providers. We may share data with trusted processors (e.g., cloud hosting, crash analytics, nutrition databases) subject to contractual confidentiality and security obligations.
6.5 Third-Party Service Providers. We may share data with trusted processors (e.g., cloud hosting, crash analytics, nutrition databases) subject to contractual confidentiality and security obligations.
6.5 Third-Party Service Providers. We may share data with trusted processors (e.g., cloud hosting, crash analytics, nutrition databases) subject to contractual confidentiality and security obligations.
6.5 Third-Party Service Providers. We may share data with trusted processors (e.g., cloud hosting, crash analytics, nutrition databases) subject to contractual confidentiality and security obligations.
6.6 Retention. Test-phase data may be retained for as long as reasonably necessary for research and product-development purposes, unless deletion is required by law.
6.6 Retention. Test-phase data may be retained for as long as reasonably necessary for research and product-development purposes, unless deletion is required by law.
6.7 Third-Party API Calls. Certain Platform features require real-time or cached calls to Third-Party API Providers. Your queries (e.g., barcode numbers, text prompts, media files) and related metadata may be transmitted to these providers to fulfil your request.
6.7 Third-Party API Calls. Certain Platform features require real-time or cached calls to Third-Party API Providers. Your queries (e.g., barcode numbers, text prompts, media files) and related metadata may be transmitted to these providers to fulfil your request.
6.8 Open Food Facts. Barcode look-ups utilize the Open Food Facts public database, licensed under the Open Database License (ODbL). Responses are cached by Hybek; accuracy is not guaranteed by Hybek or Open Food Facts..
6.8 Open Food Facts. Barcode look-ups utilize the Open Food Facts public database, licensed under the Open Database License (ODbL). Responses are cached by Hybek; accuracy is not guaranteed by Hybek or Open Food Facts..
6.9 OpenAI & Cloudinary. Barcode look-ups utilize the Open Food Facts public database, licensed under the Open Database License (ODbL). Responses are cached by Hybek; accuracy is not guaranteed by Hybek or Open Food Facts..
OpenAI: Prompt text, health questions, and conversation history may be processed on OpenAI servers located outside Canada. Data sent is minimized and anonymized where feasible.
Cloudinary: Images and documents you upload are stored and transformed via Cloudinary’s CDN infrastructure, which may use servers worldwide. Files are encrypted in transit; at-rest encryption follows Cloudinary’s security policies.
6.9 OpenAI & Cloudinary. Barcode look-ups utilize the Open Food Facts public database, licensed under the Open Database License (ODbL). Responses are cached by Hybek; accuracy is not guaranteed by Hybek or Open Food Facts..
OpenAI: Prompt text, health questions, and conversation history may be processed on OpenAI servers located outside Canada. Data sent is minimized and anonymized where feasible.
Cloudinary: Images and documents you upload are stored and transformed via Cloudinary’s CDN infrastructure, which may use servers worldwide. Files are encrypted in transit; at-rest encryption follows Cloudinary’s security policies.
7. Intellectual Property
7. Intellectual Property
All software, trademarks (including Niigma, Nimbus, and related logos), content, and technology are owned or licensed by Hybek and protected by Canadian and international laws. Except for the limited license granted herein, no rights are conveyed to you.
Third-Party Licenses & Credits.
Open Food Facts® data © contributors, licensed under ODbL v1.0.
OpenAI® and ChatGPT® are trademarks of OpenAI LLC.
Cloudinary® is a registered trademark of Cloudinary Ltd.
Use of these services within Niigma is subject to their respective licenses and terms; no endorsement is implied.
Third-Party Licenses & Credits.
Open Food Facts® data © contributors, licensed under ODbL v1.0.
OpenAI® and ChatGPT® are trademarks of OpenAI LLC.
Cloudinary® is a registered trademark of Cloudinary Ltd.
Use of these services within Niigma is subject to their respective licenses and terms; no endorsement is implied.
8. Warranty Disclaimer
8. Warranty Disclaimer
THE PLATFORM, BETA SERVICES, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR RESULTS. YOUR USE IS SOLELY AT YOUR OWN RISK.
Third-Party Services. Hybek makes no warranty regarding the availability, completeness, accuracy, or fitness of data supplied by Third-Party API Providers. Outages or policy changes at those providers may reduce or disable affected Niigma features.
Third-Party Services. Hybek makes no warranty regarding the availability, completeness, accuracy, or fitness of data supplied by Third-Party API Providers. Outages or policy changes at those providers may reduce or disable affected Niigma features.
9. Limitation of Liability
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYBEK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY. HYBEK’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED CAD 100.
Some jurisdictions do not allow certain exclusions or limitations; in such cases, liability is limited to the smallest extent legally permitted.
Some jurisdictions do not allow certain exclusions or limitations; in such cases, liability is limited to the smallest extent legally permitted.
10. Indemnification
10. Indemnification
You agree to defend, indemnify, and hold harmless Hybek and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to (a) your breach of this Agreement; (b) your misuse of the Platform; or (c) your violation of any law or third-party right.
11. Termination
11. Termination
11.1 By Hybek. We may suspend or terminate your access to the Platform at any time, for any reason, with or without notice.
11.1 By Hybek. We may suspend or terminate your access to the Platform at any time, for any reason, with or without notice.
11.2 By You. You may cease all use and delete the app at any time.
11.2 By You. You may cease all use and delete the app at any time.
11.3 Effect. Upon termination, Sections 3–5 and 7–14 survive.
11.3 Effect. Upon termination, Sections 3–5 and 7–14 survive.
12. Modifications to Agreement
12. Modifications to Agreement
We may update these Terms at our discretion. Material changes will be notified via email or in-app notice. Continued use of the Platform after the effective date constitutes acceptance.
13. Governing Law & Dispute Resolution
13. Governing Law & Dispute Resolution
13.1 Governing Law. This Agreement is governed by the laws of Manitoba and the federal laws of Canada, without regard to conflict-of-laws principles.
13.1 Governing Law. This Agreement is governed by the laws of Manitoba and the federal laws of Canada, without regard to conflict-of-laws principles.
13.2 Arbitration. Any dispute not informally resolved within 30 days shall be finally resolved by binding arbitration under the Arbitration Act (Manitoba) by a single arbitrator, seated in Winnipeg, conducted in English.
13.2 Arbitration. Any dispute not informally resolved within 30 days shall be finally resolved by binding arbitration under the Arbitration Act (Manitoba) by a single arbitrator, seated in Winnipeg, conducted in English.
13.3 Class-Action Waiver. You may only resolve disputes individually; class or representative actions are not permitted.
13.3 Class-Action Waiver. You may only resolve disputes individually; class or representative actions are not permitted.
13.4 Injunctive Relief. Hybek may seek injunctive or equitable relief in any competent court to protect intellectual-property or confidential information.
13.4 Injunctive Relief. Hybek may seek injunctive or equitable relief in any competent court to protect intellectual-property or confidential information.
14. Miscellaneous
14. Miscellaneous
Entire Agreement. This Agreement constitutes the entire understanding, superseding all prior oral or written agreements.
Severability. If any provision is invalid, the remainder will remain in full force.
Assignment. You may not assign or transfer your rights; Hybek may assign without restriction.
Force Majeure. Hybek is not liable for failure to perform due to events beyond reasonable control.
Priority of Third-Party Terms. Where a Third-Party API Provider’s published terms conflict with this Agreement, those terms govern exclusively for the portion of the Platform that relies on that provider.
Contact. Questions? Email: hybekgeneric@gmail.com or write Hybek Generic Inc.
Entire Agreement. This Agreement constitutes the entire understanding, superseding all prior oral or written agreements.
Severability. If any provision is invalid, the remainder will remain in full force.
Assignment. You may not assign or transfer your rights; Hybek may assign without restriction.
Force Majeure. Hybek is not liable for failure to perform due to events beyond reasonable control.
Priority of Third-Party Terms. Where a Third-Party API Provider’s published terms conflict with this Agreement, those terms govern exclusively for the portion of the Platform that relies on that provider.
Contact. Questions? Email: hybekgeneric@gmail.com or write Hybek Generic Inc.
BY CONTINUING, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
BY CONTINUING, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
Track Smarter, Live Clearer, Feel Everything Today
© 2025 - All Rights Reserved by Niigma
Not medical advice, consult a licensed provider
Track Smarter, Live Clearer, Feel Everything Today
© 2025 - All Rights Reserved by Niigma
Not medical advice, consult a licensed provider
Track Smarter, Live Clearer, Feel Everything Today
© 2025 - All Rights Reserved by Niigma
Not medical advice, consult a licensed provider