These Terms of Service (“Terms of Use”) are entered into between NOVA Labs and any entity or person who agrees to them as set forth below (“You”). The Terms of Service explain the terms by which you may access and use NOVA's website, the NOVA SaaS product, and any other NOVA Labs services that incorporate these Terms of Service by reference (together, the “Service”).
Welcome to NOVA's website. Please read on to learn the rules and restrictions that govern your use of our website. If you have any questions, comments, or concerns regarding these terms or our website, please contact us at [email protected].
These Terms of Use (the “Terms”) are a binding contract between you and NOVA Labs (“NOVA,” “we,” and “us”). Your use of our website in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use our website. These Terms include the provisions in this document as well as those in the Privacy Policy.
01 What do these Terms apply to?
These Terms apply only to your use of our website and not to our enterprise products and services. The terms applicable to use of our enterprise products and services are set forth in separate written agreements between us and the applicable enterprise customer.
02 Will these Terms ever change?
We are constantly trying to improve our website, so these Terms may need to change along with our website. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our website.
If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use our website. If you use our website in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
03 What about my privacy?
NOVA takes the privacy of its users very seriously. For details, see our Privacy Policy.
Children's Online Privacy Protection Act
The Children's Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use our website or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at [email protected].
04 What are the basics of using the website?
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use our website and have gotten your parent or guardian to agree to these Terms on your behalf).
You will only use our website in a manner that complies with all laws that apply to you. If your use of our website is prohibited by applicable laws, then you aren't authorized to use our website. We can't and won't be responsible for your using our website in a way that breaks the law.
05 What about messaging?
As part of our website, you may receive communications from us, including messages that we send you from time to time (for example, via email).
06 Are there restrictions in how I can use the website?
You represent, warrant, and agree that you will not provide or contribute anything, including any Content (as that term is defined below), to our website, or otherwise use or interact with our website, in a manner that:
- infringes or violates the intellectual property rights or any other rights of anyone else (including NOVA);
- violates any law or regulation, including but not limited to applicable export control, data protection, or privacy laws; or uses the Service for any purpose not reasonably intended by NOVA;
- is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- attempts, in any manner, to obtain security information from any other user;
- violates the security of any computer network, or cracks any passwords or security encryption codes;
- runs any form of mailing list, listserv, auto-responder, or spam on our website (including by placing an unreasonable load on the website's infrastructure);
- “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to our website or Content (through use of manual or automated means);
- copies or stores any significant portion of the Content; or
- decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to our website.
A violation of any of the foregoing is grounds for termination of your right to use or access our website.
07 What are my rights in the website?
The materials displayed or performed or available on or through our website, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through our website, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including NOVA's) rights.
Subject to these Terms, we grant each user of our website a worldwide, non-exclusive, nonsublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using our website. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using our website is expressly prohibited without prior written permission from us. You acknowledge that NOVA Labs owns and retains all intellectual property rights in and to the Service. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of our website. Our website may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
08 Warranty Disclaimer
Neither NOVA nor its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, or any of their respective successors and assigns (NOVA Labs and all such parties together, the “NOVA Parties”) make any representations or warranties concerning our website or any subject matter hereof, including without limitation regarding any content, services or products contained in or accessed through our website. NOVA, for itself and the NOVA Parties, disclaims all warranties, of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
09 Limitation of Liability
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall any of the NOVA Parties be liable to you or to any other person for (a) any indirect, special, incidental, punitive or consequential damages of any kind, including damages for lost profits, business interruption, loss of data, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, (b) any substitute goods, services or technology, (c) any amount, in the aggregate, in excess of one-hundred ($100) dollars, or (d) any matter beyond our reasonable control. Some states do not allow the exclusion or limitation of incidental or consequential or certain other damages, so the above limitation and exclusions may not apply to you.
10 Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without NOVA's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
11 Choice of Law
These Terms are governed by and will be construed under applicable federal law, and the laws of the State of New York, without regard to the conflicts of laws provisions thereof.
12 Miscellaneous
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. These Terms constitute the entire agreement between you and NOVA Labs regarding the use of the Service, superseding all prior agreements. No agency, partnership, or joint venture relationship is created by these Terms.
You and NOVA agree there are no third-party beneficiaries intended under these Terms.
13 Contact
Questions about these Terms? Email us at [email protected].