These terms and conditions govern your use of Nova and Nova’s web properties. By accessing this web site, you are acknowledging and accepting these terms of use.
1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and Nova Tools Inc. (“NovaTools”, “Company”, “we”, “our”, or “us”) governing your access to and use of NovaTools.org and all related applications, products, software, and services (collectively, the “Services”). By accessing, using, or registering for our Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms, you must not use the Services.
2. Eligibility
You must be at least the age of majority in your jurisdiction to use the Services. By using the Services, you represent and warrant that you have the legal capacity to enter into these Terms.
3. Modifications to Terms
We reserve the right to modify, amend, or update these Terms at any time, at our sole discretion, without notice. Your continued use of the Services after any modification constitutes your acceptance of the revised Terms. It is your responsibility to review the Terms periodically.
4. License and Permitted Use
Subject to your compliance with these Terms, NovaTools grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business or personal purposes. You may not:
(a) sell, resell, rent, or sublicense the Services; (b) reverse engineer, decompile, or attempt to extract the source code of the Services; (c) use the Services for unlawful purposes or to violate the rights of others; (d) access the Services to build a competing product or service.
5. Account Registration and Security
You may be required to register for an account to access certain features of the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.
6. Fees, Payment, and Merchant of Record
Certain features of the Services may require payment. Payments and subscriptions are processed by our authorized reseller and Merchant of Record, Paddle.com Market Limited (“Paddle”). When purchasing through NovaTools, you are entering into a contractual relationship with Paddle, not directly with NovaTools, for all payment transactions. Paddle is responsible for payment processing, billing, invoicing, applicable taxes, refunds, and chargebacks. For more information, please refer to Paddle’s terms and policies:
https://paddle.com/legal/checkout-buyer-terms
All fees are non-refundable except as required by law or as specified in Paddle’s refund policy. We reserve the right to change pricing and billing terms at any time.
7. Service Availability and Data Loss
We will use commercially reasonable efforts to provide the Services without material interruptions. However, we do not guarantee uninterrupted, timely, secure, or error-free operation. We are not responsible for any loss of data, service outages, or disruptions.
8. Intellectual Property
All content, software, trademarks, service marks, logos, and other proprietary materials available through the Services are the exclusive property of NovaTools or its licensors and are protected by applicable intellectual property laws. Except for the limited license granted herein, no rights are transferred to you.
9. User Content
If you upload, submit, or transmit any data, files, content, or materials through the Services (“User Content”), you represent and warrant that you have all necessary rights and permissions. You grant NovaTools a worldwide, non-exclusive, royalty-free license to use, store, reproduce, and display your User Content solely to provide the Services.
10. Prohibited Conduct
You agree not to:
(a) use the Services in violation of applicable laws; (b) infringe the intellectual property or other rights of third parties; (c) attempt to gain unauthorized access to the Services or interfere with their operation; (d) transmit any viruses, malware, or harmful code.
11. Termination and Suspension
We reserve the right to suspend, restrict, or terminate your access to the Services at any time, without notice or liability, if you violate these Terms or applicable laws.
12. Disclaimers
The Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted availability. We do not guarantee the accuracy or reliability of any information provided through the Services.
13. Limitation of Liability
To the fullest extent permitted by law, NovaTools and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, data, or business opportunities, arising out of or related to your use of the Services, even if advised of the possibility of such damages. Our total cumulative liability under these Terms shall not exceed the greater of (i) the amount you paid to us in the twelve (12) months preceding the claim or (ii) CAD $100.
14. Indemnification
You agree to defend, indemnify, and hold harmless NovaTools, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Services, your violation of these Terms, or your violation of any rights of a third party.
15. Privacy and Data Protection
Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Services, you consent to our data practices.
https://app.novatools.org/privacy
16. Governing Law and Dispute Resolution
These Terms shall be governed by the laws of the Province of Ontario, Canada, without regard to conflict of laws principles. Any dispute arising under these Terms, excluding payment-related matters handled by Paddle, shall be resolved exclusively by binding arbitration in Toronto, Ontario, in the English language, in accordance with the rules of the ADR Institute of Canada. You waive any right to participate in class-action proceedings.
17. International Users
We make no representation that the Services are appropriate or available for use outside Canada. Accessing the Services from jurisdictions where it is unlawful is prohibited. You are responsible for compliance with local laws.
18. Force Majeure
NovaTools shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, war, labor disputes, internet failures, governmental actions, or pandemics.
19. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
20. Entire Agreement
These Terms, together with our Privacy Policy and any applicable Service terms, constitute the entire agreement between you and NovaTools regarding your use of the Services and supersede all prior agreements.
21. Contact Information
For questions about these Terms, please contact us at: Email: contact@novatools.org