Terms of Service

Vayu Health Inc · Delaware C-Corp · Last updated: March 19, 2026

1. Agreement to Terms

By downloading, installing, accessing, or using Malkolm (“the App”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the App. The App is operated by Vayu Health Inc, a Delaware C-Corp (“Company,” “we,” “us”).

We may update these Terms from time to time. We will notify you of material changes through the App or via email. Your continued use of the App after such notification constitutes acceptance of the updated Terms.

2. Description of Service

Malkolm is an artificial intelligence-powered wellness and fitness information tool. Malkolm analyzes health and fitness data from Apple HealthKit, food photographs, uploaded documents, and user conversations to provide personalized wellness information, fitness suggestions, and nutritional guidance.

Malkolm is not a medical device, medical service, or healthcare provider. Malkolm does not diagnose, treat, cure, or prevent any disease or medical condition. Malkolm does not provide medical advice. Malkolm is not a substitute for professional medical advice, diagnosis, or treatment.

3. AI Disclosure and Limitations

3.1 AI-Generated Content

All responses, recommendations, insights, and content generated by Malkolm are produced by artificial intelligence (currently powered by Anthropic’s Claude API). AI-generated content may contain errors, inaccuracies, or omissions. You should independently verify any information before acting on it.

3.2 No Licensed Professional

Malkolm is not a licensed healthcare professional, registered dietitian, certified personal trainer, or any other credentialed health or medical professional. Malkolm’s suggestions should not be treated as professional advice.

3.3 Not FDA-Regulated

Malkolm has not been reviewed, approved, or cleared by the U.S. Food and Drug Administration (FDA) or any other regulatory body. The App is not a regulated medical device.

3.4 California AB 3030 Compliance

In compliance with California Assembly Bill 3030 (effective January 1, 2025), we disclose that Malkolm uses generative artificial intelligence to produce written communications containing health and wellness information. A persistent disclaimer is displayed in the App stating: “Malkolm is AI and can make mistakes. Verify important health decisions with a professional.”

3.5 California AB 489 Compliance

In compliance with California Assembly Bill 489 (effective January 1, 2026), Malkolm does not use terms, letters, phrases, or design elements that indicate or imply that the AI possesses a healthcare license or that care is being provided by a licensed natural person.

3.6 Duty to Seek Professional Advice

If you have or suspect a medical condition, are taking medication, are pregnant or nursing, or have any health concerns, consult a qualified healthcare professional before acting on any information provided by Malkolm. In a medical emergency, call 911 or your local emergency number immediately.

4. Eligibility

You must be at least 18 years of age to use Malkolm. By using the App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. Malkolm is not intended for use by minors.

5. Account and Access

5.1 Account Creation

You may create an account using Apple Sign-In, Google Sign-In, or email. You are responsible for maintaining the confidentiality of your account credentials.

5.2 Closed Beta Access

During the closed beta period, access to Malkolm’s full features requires an invite code. Access may be limited, modified, or revoked at any time at our sole discretion.

5.3 Account Termination

You may delete your account at any time through the App’s settings. Upon deletion, we will remove your personal data within 30 days, subject to legal retention requirements. We may suspend or terminate your account if you violate these Terms.

6. Health Data

6.1 Apple HealthKit Data

With your explicit permission, Malkolm accesses health and fitness data from Apple HealthKit, including but not limited to: heart rate, heart rate variability, sleep analysis, workout data, steps, VO2 max, respiratory rate, blood oxygen, and body composition data. This data is used solely to provide personalized wellness information within the App.

6.2 Data Processing

Health data from HealthKit is transmitted via TLS-encrypted connections to our cloud servers for AI processing. Health data is stored in our database associated with your user account. We do NOT use end-to-end encryption for health data — data is encrypted in transit (TLS) and at rest (database encryption), but is decrypted on our servers for AI analysis.

6.3 Apple HealthKit Guidelines Compliance

In compliance with Apple’s HealthKit guidelines: (a) We do not sell HealthKit data to advertising platforms, data brokers, or information resellers. (b) We do not use HealthKit data for advertising or marketing purposes. (c) We do not disclose HealthKit data to third parties without your explicit consent, except as required to provide the App’s core functionality (AI processing via Anthropic’s Claude API). (d) HealthKit data is not stored in iCloud by the App.

6.4 Third-Party AI Processing

Your health data and conversation content are sent to Anthropic’s Claude API for AI processing. Anthropic’s data handling practices are governed by their own terms of service and privacy policy. We recommend reviewing Anthropic’s privacy practices.

6.5 Data Retention

We retain your health data and conversation history for as long as your account is active. Upon account deletion, data is purged within 30 days. Anonymized, aggregated data may be retained for product improvement.

6.6 Data Portability

You may request an export of your personal data (conversation history, health profile, goals) at any time through the App’s settings. Raw Apple Health data remains in HealthKit on your device and is not included in the export.

7. User-Generated Content

7.1 Photos and Files

You may upload photos (food, supplements, labels, body composition scans), documents (lab results, CPAP reports), and other files to Malkolm for analysis. You represent that you have the right to share such content and that it does not violate any third party’s rights.

7.2 Conversation Data

Your conversations with Malkolm are stored to maintain context across sessions and to improve the quality of coaching. Conversations are associated with your user account and are not shared with other users.

8. Subscriptions and Payments

8.1 Tiers

Malkolm offers Free, Pro, and Max tiers. All tiers deliver identical features at Max quality level (same AI model, same proactive coaching, same visualizations). Tiers differ only in daily message volume. Specific pricing and message caps are determined based on engagement data and unit economics.

8.2 Closed Beta Period

During the closed beta, no payments are collected from any user. All features are available without charge. Usage limits may be activated during the beta to test engagement patterns, but no subscription fees apply. This does not create an obligation to provide free access indefinitely.

8.3 Billing (post-beta)

After the closed beta period, subscriptions are billed through Apple’s In-App Purchase system. All billing, renewals, and cancellations are managed by Apple. We do not directly process payment information.

8.4 Refunds

Refund requests are handled by Apple in accordance with Apple’s refund policies.

9. Intellectual Property

The App, including its design, features, AI coaching system, brand identity, and all associated intellectual property, is owned by Vayu Health Inc. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.

10. Prohibited Uses

11. Disclaimers

11.1 The App is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.2 We do not warrant that the App will be uninterrupted, error-free, or secure, or that any health or wellness information provided by Malkolm will be accurate, complete, or current.

11.3 We make no representations or warranties regarding the accuracy of AI-generated content, including but not limited to nutritional estimates, exercise recommendations, sleep analysis, or any other health-related information.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Vayu Health Inc and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your use of or inability to use the App; (b) any conduct or content of any third party on the App; (c) any content obtained from the App, including AI-generated health information; or (d) unauthorized access, use, or alteration of your data.

Our total aggregate liability for all claims arising out of or relating to these Terms or the App shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

13. Indemnification

You agree to indemnify, defend, and hold harmless Vayu Health Inc and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any applicable law; or (d) any health decisions you make based on information provided by Malkolm.

14. Assumption of Risk

You acknowledge and agree that: (a) AI-generated health and wellness information may be inaccurate or incomplete; (b) you assume all risk associated with acting on information provided by Malkolm; (c) you will consult qualified healthcare professionals before making health decisions; (d) physical activities, dietary changes, and wellness practices carry inherent risks; and (e) Malkolm’s route recommendations for running, hiking, cycling, and walking are informational only — you are solely responsible for assessing route safety, weather conditions, and your physical readiness.

15. Beta Participation

During the closed beta period, you acknowledge that: (a) the App is in active development and may contain bugs, errors, or incomplete features; (b) features may be added, modified, or removed without notice; (c) the App may be temporarily unavailable for maintenance or updates; (d) your feedback and usage data may be used to improve the product; and (e) the beta period may end at any time.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any disputes arising under these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You waive any right to participate in class-action lawsuits or class-wide arbitration.

17. Geographic Scope

17.1 US-Only During Closed Beta

The App is currently available only in the United States App Store. These Terms are drafted for US users under US law, with California-specific compliance (AB 3030, AB 489, CCPA/CPRA). The App Store listing is geo-restricted to the United States during the closed beta period.

17.2 International Expansion Requires Additional Legal Work

Before making the App available in the European Union, United Kingdom, or other international markets, the Company must add: (a) GDPR compliance (right to erasure, data portability, explicit consent mechanisms, lawful basis for all processing, 72-hour breach notification, Data Protection Impact Assessment); (b) UK GDPR compliance (post-Brexit, separate from EU GDPR); (c) EU AI Act compliance (high-risk AI system obligations effective August 2, 2026); (d) country-specific health data regulations; (e) data localization requirements where applicable. Do NOT make the App available in international App Stores without completing this legal work.

17.3 Compliance Roadmap

Phase 1 (closed beta): US-only, California compliance. Phase 2 (open US access): add remaining US state privacy laws (Virginia VCDPA, Colorado CPA, Connecticut CTDPA, etc.). Phase 3 (international): GDPR + UK GDPR + EU AI Act. Each phase requires legal compliance review before App Store geo-expansion.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

19. Contact

Vayu Health Inc
Email: support@malkolm.health
Website: vayuhealth.ai