Kelvi Patient Terms and Conditions

Effective date: September 24, 2026

These Terms and Conditions ("Terms") are an agreement between you and Hypothermia Devices, Inc., doing business as Kelvi ("Kelvi," "we," "us"). They govern your use of the Kelvi Patient app for iOS and Android (the "app") and the services provided through it. By creating an account or using the app, you agree to these Terms and to our Patient Privacy Policy. If you do not agree, do not use the app.

1. About the app and your care

The app works with Kelvi heating and cooling therapy devices ("Kelvi devices"). It lets you run and monitor treatments on your Kelvi device, keep your treatment schedule and history, complete pain and functional improvement surveys and, if you choose, link your account with a clinician.

The app and the information in it, including any educational content, are provided for informational purposes. They are not a substitute for professional medical advice, diagnosis or treatment. Use the app and your Kelvi device as directed by your healthcare provider and the device's instructions for use. Do not use the app for medical emergencies. In an emergency, call 911.

Kelvi is not your healthcare provider. Your clinician is responsible for their professional judgment about your care, including the treatments they prescribe or program for you.

2. Eligibility and your account

You must be at least 13 years old to use the app. By creating an account, you confirm that you are. The app is intended for use in the United States and its territories.

You agree to provide accurate information when you create your account and to keep it up to date. You are responsible for keeping your phone and password secure and for all activity under your account, and we may treat activity under your account as yours.

3. Linking with a clinician

Linking your account with a clinician is optional. The app works on its own without one.

When you link with a clinician, they can see your profile, treatment plans, sessions and survey responses, and can assign treatments to you. The link can be removed at any time, which ends the clinician's access to your information through the app.

Clinicians who use the app are independent healthcare providers, not Kelvi's employees or agents. Kelvi is not responsible for their advice, decisions or treatment.

4. Privacy, de-identified data and communications

Our Patient Privacy Policy explains how we collect, use and share your information, and is part of these Terms.

We may create de-identified data from treatment information. De-identified data has had your name, email and anything else that identifies you removed. We use it to develop and improve heating and cooling therapy protocols and our products, as described in the Patient Privacy Policy.

You agree that we may send you notices and messages about your account and the app by email, including account verification, password resets and notices about these Terms.

5. License and restrictions

Kelvi owns the app, its content and all updates, including all intellectual property rights in them. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the app on devices you own or control, for your personal use in connection with your own treatment. On Apple devices, this license is also subject to the Usage Rules in the Apple Media Services Terms and Conditions.

You may not:

  • Copy, modify or create derivative works of the app or its content
  • Reverse engineer, disassemble or attempt to derive the app's source code, except where the law or an applicable open-source license allows it
  • Sell, rent, sublicense, distribute or share the app, or make it available over a network where multiple devices can use it at the same time
  • Use the app for anyone's treatment other than your own
  • Use the app to harass, abuse, threaten or defame anyone
  • Use the app in violation of any law, or interfere with or try to gain unauthorized access to the app, our servers or other users' accounts

If you sell or give away a device with the app on it, delete the app first.

We may release updates to the app. Some features may require the latest version.

6. Devices, availability and third-party services

You are responsible for a compatible phone or tablet, its operating system, internet access and Bluetooth, and for any data charges. The app is available through the Apple App Store and Google Play, and your use of those stores is governed by their own terms.

We work to keep the app available but do not guarantee it will always be available or free of errors. It may be unavailable because of maintenance, loss of internet or Bluetooth connection, or problems with services provided by third parties. If the app loses its connection to your Kelvi device, you can control or stop a treatment directly on the device. We may change, suspend or discontinue any part of the app at any time.

Some functions of the app rely on services provided by third parties, such as hosting providers. Kelvi is not responsible for third-party services or content that are not under our control.

7. Account deletion and termination

You may stop using the app and delete your account at any time, in the app by opening Settings, then selecting Delete Account, or by requesting deletion at kelvi.com/delete-account. Deletion is permanent and cannot be undone. The Patient Privacy Policy explains what is deleted.

We may suspend or end your access to the app if you breach these Terms, if the law requires it, or if we discontinue the app. We will notify you by email when we reasonably can.

When your access ends, your license to use the app ends. Sections 5, 8, 9, 10 and 12 continue to apply.

8. Disclaimer

THE APP AND ALL CONTENT AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, KELVI MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS OR OPERATE WITHOUT INTERRUPTION OR ERROR. THIS SECTION DOES NOT AFFECT ANY SEPARATE WARRANTY THAT APPLIES TO YOUR KELVI DEVICE.

9. Limitation of liability

To the maximum extent permitted by law:

  • Kelvi is not responsible for any harm, loss or damage caused or contributed to by you, a clinician or a third party, including errors or omissions in information entered into the app.
  • Kelvi will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost data, arising from or relating to your use of the app.
  • Kelvi's total liability for any claim arising from or relating to the app is limited to $100.

Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you. Nothing in these Terms limits Kelvi's liability for death or personal injury caused by its negligence, or for fraud, gross negligence or willful misconduct.

10. Dispute resolution and governing law

These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, and by applicable federal law.

Any dispute, claim or disagreement arising from or relating to these Terms or the app will be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules. The arbitrator's decision is final, and judgment on the award may be entered in any court with jurisdiction.

There are two exceptions. Either party may bring an individual claim in small claims court if it qualifies. Either party may also go to court to seek injunctive relief for the infringement or misuse of its intellectual property, including an actual or threatened violation of Section 5.

Any court proceeding permitted under these Terms, including one to enforce an arbitration award, will be brought in the state or federal courts located in Los Angeles County, California, and you and Kelvi consent to their jurisdiction.

The prevailing party in any arbitration or court proceeding is entitled to its reasonable attorneys' fees and costs.

11. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms on this page and change the effective date above. For material changes, we will notify you by email or through the app at least 30 days before they take effect. If you continue to use the app after changes take effect, you accept the updated Terms. If you do not agree, stop using the app and delete your account.

12. General

  • Assignment. You may not assign or transfer these Terms. Kelvi may assign them to any successor that agrees to be bound by them.
  • Entire agreement. These Terms and the Patient Privacy Policy are the entire agreement between you and Kelvi about the app. They replace any earlier agreements about the app.
  • Severability. If any part of these Terms is found unenforceable, the rest remains in effect.
  • No waiver. If we do not enforce any part of these Terms, that is not a waiver of our right to enforce it later.
  • Electronic agreement. These Terms are an electronic contract, and accepting them in the app is your electronic signature. You may request a paper copy at info@kelvi.com.

13. Contact us

If you have any questions about these Terms, you can contact us: