Terms & Conditions

Effective Date: March 14, 2026

These Terms & Conditions govern your use of the Nesko (formerly Motiv-fy) mobile application ("Application" or "App") created and provided by OdysseyX ("Service Provider," "we," "our," or "us"). By downloading, installing, or using the Application, you agree to be bound by these Terms. If you do not agree, you must not use the Application. These Terms apply to all users, including individuals and organizations, and govern all interactions, data usage, and content submitted within the Application.

Acceptance of Terms

By using the Application, you acknowledge that you have read, understood, and agree to comply with these Terms, the Privacy Policy, and all applicable laws and regulations. Any unauthorized copying, distribution, modification, or commercial exploitation of the Application or its content is strictly prohibited. Intellectual property rights, including trademarks, copyrights, and database rights, remain the sole property of the Service Provider. Users are responsible for ensuring that their use of the Application does not infringe upon the rights of others. Continued use of the Application constitutes acceptance of these Terms and any updates issued.

License and Usage

The Service Provider grants you a limited, non-exclusive, non-transferable license to use the Application solely for personal, non-commercial purposes, provided you comply with these Terms. You may not reverse engineer, decompile, or attempt to extract the source code of the Application. Creating derivative works, modifying the Application, or bypassing security measures is prohibited. Any use of the Application beyond the scope of this license may result in immediate termination of your access. This license does not grant you any rights to the Service Provider's intellectual property beyond what is explicitly stated.

User Accounts and Security

Certain features of the Application require registration or account creation. Users are responsible for maintaining the confidentiality of their credentials and for all activity conducted under their account. Notify us immediately of any unauthorized use or suspected security breach. We are not liable for any loss, theft, or misuse of your account credentials. Users are strongly discouraged from jailbreaking or rooting their devices, as this may compromise security, expose the device to malware, and interfere with proper operation of the Application.

AI Features, Nesko Agent, and Third-Party Services

The Application includes AI-powered functionality, including the Nesko Agent, which can perform actions in your connected Google Workspace account with your explicit authorization.

Internet Connectivity

Many functions of the Application require an active internet connection, whether through Wi-Fi or mobile data. The Service Provider is not responsible for interruptions, degraded performance, or additional charges resulting from network issues. Users acknowledge that data usage, including roaming charges, is their responsibility. The Application's performance may be affected by weak or intermittent connectivity, and the Service Provider cannot guarantee functionality in such circumstances. You are encouraged to monitor your device's data usage and maintain adequate connectivity for optimal experience.

User Responsibility and Data Accuracy

Users are responsible for the accuracy, legality, and safety of all content submitted through the Application. This includes uploaded files or text for AI analysis. Content must comply with applicable laws and cannot include personal data of others without consent. Submission constitutes your acknowledgment of these responsibilities.

Data Handling and User Responsibility

Users are fully responsible for the accuracy, legality, and safety of all content submitted through the Application, including uploaded files or text for AI analysis. Content must comply with applicable laws and cannot include personal data of others without consent. The Service Provider is not liable for loss, disclosure, or misuse of content voluntarily submitted by users. Users must ensure their devices are secure and maintain confidentiality of login information. Submission of content constitutes your acknowledgment and acceptance of these responsibilities.

Behavioral Profiling and Procrastination Type Personalization

As part of the onboarding process and ongoing use of the Application, Nesko may collect and analyze certain user responses and interaction patterns to identify a general procrastination or productivity-related behavior type ("Procrastinator Type"). This process is automated and is used solely to personalize in-app features such as task organization, reminders, motivational messaging, and AI-assisted guidance. The Procrastinator Type is derived from user-provided inputs and is not intended to represent a medical, psychological, or clinical diagnosis. Individual quiz responses are processed only for the purpose of generating this personalization and are not stored as standalone records beyond onboarding. Only the resulting Procrastinator Type and limited onboarding metadata may be associated with a user profile to improve functionality and user experience. This behavioral categorization is not shared with third parties for advertising, marketing, or external profiling purposes.

Updates and Modifications

The Service Provider may update, modify, or enhance the Application at any time to improve functionality, address security concerns, or comply with legal requirements. Users agree to accept updates to maintain compatibility and continued use. The Service Provider may temporarily or permanently suspend the Application's availability without prior notice. Termination or suspension may result in loss of access to data and features; users are advised to back up important information. Continued use after updates constitutes acceptance of the revised functionality, features, and policies.

Intellectual Property

All content within the Application, including software code, graphics, logos, designs, and text, is owned by the Service Provider or its licensors. No part of the Application may be reproduced, adapted, redistributed, or commercially exploited without explicit written permission. Any unauthorized use may result in civil or criminal penalties. Users must respect the intellectual property rights of the Service Provider and others while using the Application. Nothing in these Terms grants you ownership of the Application or its content beyond the limited license explicitly provided. Content created through the Agent resides in your Google account; OdysseyX retains no ownership of this content.

Limitations of Liability

The Application is provided “AS IS” and without warranties of any kind, whether express or implied. The Service Provider does not guarantee uninterrupted or error-free operation. Users acknowledge that technical errors, system failures, or third-party service disruptions may occur. Under no circumstances shall the Service Provider be liable for direct, indirect, incidental, consequential, or punitive damages resulting from use or inability to use the Application. Users agree to use the Application at their own risk and assume responsibility for all consequences of its use.

International Use and Data Transfers

The Application may be accessed globally, and user data may be processed on servers in other countries, including Australia (AWS Sydney) and the United States. Such transfers may involve jurisdictions with data protection laws different from those in your home country. By using the Application, you consent to international transfer, storage, and processing of your data. The Service Provider takes reasonable measures to protect data during transfer but cannot guarantee full compliance with all local laws. Users should be aware of potential privacy risks associated with cross-border data processing.

Data Security

We implement technical, administrative, and physical safeguards, including:

• Encrypted transmission between the App and servers
• Encrypted local storage for Agent logs and authentication tokens
• Short-lived OAuth token caching in device memory
• JWT-based API authentication via AWS Cognito
• Internal access controls for production data

No method of electronic storage or transmission is completely secure. Users provide information at their own risk.

Children's Use

The Application is not designed for children under 13. We do not knowingly collect personal information from this age group. If we learn that a child under 13 has provided information, we will delete it promptly. Parents or guardians may contact us to request deletion of such data. Children should only use the Application under adult supervision, and users are responsible for ensuring compliance with this requirement.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the jurisdiction in which the Service Provider operates. Any disputes arising from these Terms or the use of the Application will be resolved exclusively in the competent courts of that jurisdiction. Users agree to submit to the personal jurisdiction of these courts for dispute resolution. Nothing in this section limits the Service Provider's right to seek injunctive relief or enforcement of intellectual property rights. Users waive any objection to venue or forum for legal actions relating to the Application.

Changes to Terms & Conditions

The Service Provider may revise these Terms periodically to address operational, legal, or technical developments. Updates will be posted within the Application or on the official website. Users are encouraged to review the Terms regularly. Continued use of the Application after changes constitutes acceptance of the updated Terms. Historical versions may be retained for compliance and recordkeeping purposes.