Terms of Service
Effective Date: Jul 2, 2023
This agreement ("Agreement") is a contract between you and ("NovelyAi", "Service", "us" "our", "we" and “App”) and governs your use of the NovelyAi mobile application and website services (the "Service"). By using the NovelyAi, you agree to be bound by the following Terms of Service (the "Terms of Service"), whether or not you register as a member ("Member").
We may update you on our changes through a pop-up consent dialog, mobile notification, or email. You agree to be bound by any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes NovelyAi’s terms and policies for acceptable use, your rights, obligations, and restrictions regarding your use of the mobile application and website. If you do not accept these Terms or our Privacy Policy, please do not use the Service and contact us immediately to terminate your account, whether as a guest or a registered user.
We reserve the right, in its sole discretion, to reject, refuse to post, or remove any posts (including email) by you or to restrict, suspend, or terminate your access to all or any part of the mobile application and website and/or Services at any time, for any or no reason, with or without prior notice, and without liability. You’re not allowed to copy or modify the App or our trademarks in any way. You’re not allowed to attempt to extract the source code or try to translate the App into other languages or make derivative versions. The App itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, belong to Fepar.
1. Information About How You Use the Services
We may collect information about your actions on the Services. This may include information such as the pages you view, how you use the Services, and your purchase history. It can also include the various functions and features that you use, such as the texts and stories you create. Read more on our Privacy Policy.
2. No Spam Policy
You may not engage in any activity involving spam on our Services. Violations of this policy may result in immediate termination of service and legal action against any spammer. Accordingly, you may not upload, post, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation on our Services. Violations of this policy could subject you or your agents to civil and criminal penalties.
3. Modifying the Services and Termination
We are constantly striving to improve the Services and bring you additional functionality that you will find useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so. You may terminate your account at any time for any reason. We may terminate your account at any time without notice if we believe that you have violated this Agreement.
4. Eligibility
Membership in the Service is void where prohibited. Using the Service, you represent and warrant that all registration information you submit is truthful and accurate. You represent and warrant that you are 18 or older and that your use of the Service shall not violate any applicable laws or regulations. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account.
5. Purchases
5.1 Subscriptions
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually), depending on the type of Subscription plan you select when purchasing the Subscription. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless you cancel it.
5.2 In-app Purchases
The Application may include in-app purchases that allow you to buy products, services, or Subscriptions.
More information about how you may be able to manage in-app purchases using your Device may be set out in the Application Store's terms and conditions.
In-app Purchases can only be consumed within the App. If you make an in-app purchase, that in-app purchase cannot be canceled after you have initiated its download. In-app purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any in-app purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by you, investigate the reason. We will act reasonably in deciding whether to provide you with a replacement in-app purchase or issue you a patch to repair the fault. In the unlikely event that we are unable to replace or repair the relevant in-app purchase, we will authorize the application store to refund you an amount up to the cost of the relevant in-app purchase. Alternatively, if You wish to request a refund, You may do so by contacting the App Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's terms and conditions.
If you have any payment-related issues with in-app purchases, then you need to contact the Application Store directly.
5.3 Promotions
Any Promotions made available through the Service may be governed by rules separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
6. Disclaimers
We are not responsible for any incorrect or inaccurate Content posted on the mobile application and website or in connection with the Service provided, whether caused by users of the mobile application and website, Members, or by any of the equipment or programming associated with or utilized in the Service. We are not responsible for the conduct, whether online or offline, of any user of the mobile application and website or Member of the Service. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any user or Member communication. Our Services is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, wireless phones or other devices, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any mobile application and website or a combination thereof, including any injury or damage to users and/or Members or any person's computer related to or resulting from participation or downloading materials in connection with the mobile application and website and/or in connection with the Service. Under no circumstances shall Services be responsible for any loss or damage, including personal injury or death, resulting from the use of the mobile application and website or the Service or from any Content posted on the mobile application and website or transmitted to Members or any interactions between users of the mobile application and website, whether online or offline. The mobile application and website and the Service are provided "AS-IS," and Services expressly disclaims any warranty of fitness for a particular purpose or non-infringement. NovelyAi cannot guarantee and does not promise any specific results from the use of the mobile application and website and/or the Service. We take no responsibility for third party advertisements which are posted on Service's mobile application and website or through the Service, nor does it take any responsibility for the goods or services provided by its advertisers.
7. U.S. Export Controls
Software from this mobile application and website (the "Software") is further subject to United States export controls. No Software may be downloaded from the mobile application and website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
8. Disputes
You agree that any dispute relating in any way to these Terms of Service or NovelyAi, including without limitation your or third-parties’ access to or use of our Services, will be resolved by binding arbitration and not through litigation in any court (except in small claims court if the claim is within the court’s jurisdiction and proceeds on an individual basis). Claims are subject to arbitration, regardless of what they are based on or whether they seek legal or equitable remedies. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or may arise in the future.
9. Indemnity
You agree to indemnify and hold NovelyAi and its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
10. Non-commercial Use by Members
The mobile application and website are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of our Services. Illegal and/or unauthorized use of the mobile application and website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by the Service for any illegal or unauthorized use of the mobile application and website.
11. Customer Service
NovelyAi provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or not to behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to terminate your account immediately.
12. Disclaimer of Warranties
We make no warranty that our Services will meet your requirements or will be uninterrupted, timely, secure, and error-free. We make no warranty that the results obtained from us will be accurate or reliable. We make no warranty that the quality of products, Services, information, material, or purchased features obtained through our Services will meet your expectations. Any downloaded or obtained material through our Services is done at your own risk. You will be solely responsible for any damage to your or others' devices, directly or indirectly, from the download of any such material. Some jurisdictions do not allow the exclusion of such warranties or the limitation or the exclusion of liability for incidental or consequential damages. Some of the limitations of the warranty may not apply to you. In such cases, the warranties and liability will be limited to the fullest extent permitted by applicable law.
13. Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of our Services to terminate the membership privileges of any member who repeatedly infringes copyright upon prompt notification to Service by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on our Services in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Services' Designated Copyright Agent for notice of claims of copyright infringement can be reached as follows: customerdesk@novelyai.com
14. Safety and Security
We do not currently conduct criminal background screenings on our Members. We reserve the right, however, to conduct any criminal background check we deem appropriate at any time and using available public records. By agreeing to these Terms of Service, you authorize any such check.
15. Account Security
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify us of any disclosure or unauthorized use of your username or password or any other breach of security at customerdesk@novelyai.com and ensure that you log out from your account at the end of each session.
16. Dealings With Advertisers
Your correspondence or dealings with, or participation in promotions of, advertisers found on or through our Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser. We will not be liable to you for any failure by an advertiser to provide any service or product you ordered from it.
17. Links
The sites linked to the NovelyAi mobile application and website are developed by people over whom we exercise no control NovelyAi cannot and does not screen the sites. Some people may find these sites objectionable, inappropriate, or offensive. We cannot guarantee that our Services will not link to unintended or objectionable content and assume no responsibility for the content of any site linked to by the Services.
18. Limitation on Liability
In no event shall our Services be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit damages arising from your use of the mobile application and website or the Service, even if our Services have been advised of the possibility of such damages.
NovelyAi’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of Membership.
19. Disputes and Arbitration
You agree that any dispute relating in any way to these TOS or NovelyAi, including without limitation your or third parties access to or use of NovelyAi, will be resolved by binding arbitration as discussed below and not through litigation in any court (except in small claims court if the claim is within the court’s jurisdiction and proceeds on an individual basis). Claims are subject to arbitration, regardless of what theory they are based on or whether they seek legal or equitable remedies. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or may arise in the future. This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16 (FAA).
YOU HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE IF YOU TELL US WITHIN 60 DAYS OF YOUR FIRST DOWNLOAD OR USE OF NOVELYAI THAT YOU WANT TO OPT OUT. IF YOU WANT TO OPT OUT, SEND A WRITTEN NOTICE ADVISING US OF YOUR DECISION. UNLESS YOU OPT OUT OF ARBITRATION, YOU ARE WAIVING THE RIGHT TO HAVE A DISPUTE HEARD BEFORE A JUDGE OR JURY OR OTHERWISE TO BE DECIDED BY A COURT OR GOVERNMENTAL TRIBUNAL.
YOU AGREE NOT TO (1) SEEK TO PROCEED ON ANY CLAIM IN ARBITRATION AS A CLASS CLAIM OR CLASS ACTION OR OTHER COMPARABLE REPRESENTATIVE PROCEEDING; (2) SEEK TO CONSOLIDATE IN ARBITRATION ANY CLAIMS INVOLVING SEPARATE CLAIMANTS; (3) BE PART OF, OR BE REPRESENTED IN, ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE; NOR (4) SEEK ANY AWARD OR REMEDY IN ARBITRATION AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION. IF THESE TERMS RELATING TO CLASS OR REPRESENTATIVE PROCEDURES ARE LEGALLY UNENFORCEABLE FOR ANY REASON, THEN THIS AGREEMENT TO ARBITRATE WILL BE INAPPLICABLE TO THAT CLAIM, AND THAT CLAIM WILL INSTEAD BE HANDLED THROUGH LITIGATION IN COURT RATHER THAN BY ARBITRATION. NO ARBITRATOR SHALL HAVE THE AUTHORITY TO ENTERTAIN ANY CLAIM ON BEHALF OF A PERSON WHO IS NOT A NAMED PARTY, NOR SHALL ANY ARBITRATOR HAVE THE AUTHORITY TO MAKE ANY AWARD FOR THE BENEFIT OF OR AGAINST ANY PERSON WHO IS NOT A NAMED PARTY.
Arbitration under these TOS and the Privacy Policy shall be conducted by a single arbitrator under the then-current rules of the American Arbitration Association (AAA) at the election of the party filing a claim in arbitration. That organization will apply its rules in effect at the time the arbitration claim is filed. If there is a conflict between those rules and this arbitration provision, this arbitration provision and the TOS will control. Notwithstanding anything to the contrary in any current or future such rules or governing law, the arbitrator shall have no power to vary the terms of the TOS or to award either party attorneys’ fees. In the event that JAMS or the AAA is unable to handle the arbitration for any reason, then the matter shall be arbitrated by a neutral arbitrator selected by agreement of the parties, pursuant to the AAA rules of procedure.
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. We will pay any costs that are required to be paid by us under the arbitration administrator’s rules.
20. Permitted Time For Filing A Claim or Lawsuit
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of NovelyAi or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
21. Deleting Your Account
You can delete your account by going to Settings and clicking the tab to delete your account.
22. Other
This Agreement is accepted upon your use of the mobile application and website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and NovelyAi regarding the use of the mobile application and website and/or the Service. The failure of NovelyAi to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please, contact us with any questions regarding this Agreement. NovelyAi is a trademark of Fepar A.S and its parent companies. I have read this Agreement and agree to all of the provisions contained above.
These TOS were written in English. If you are reading a translation that conflicts with the English version, please note that the English version controls.
23. Our Contact Information
If you have questions regarding these Terms of Service, please contact us.
customerdesk@novelyai.com