Terms of Service
Welcome to Novous. These Terms of Service (the “Terms”, also referred to as our “Terms of Use”) are a binding contract between you and Novous Labs, Inc. (“Novous,” “we” and “us”). They govern your access to and use of the novous.ai website, the Novous platform, our APIs, and any related products, content and services we offer (together, the “Services”). By creating an account, or by accessing or using the Services in any manner, you agree to these Terms. If you do not agree, do not use the Services.
If you use the Services on behalf of a company or other organization, you represent that you are authorized to accept these Terms on its behalf, and “you” refers to that organization as well as to you.
1. Privacy
Novous takes the privacy of its users very seriously. Our Privacy Policy explains how we collect, use and disclose Personal Data, and it is incorporated into these Terms by reference. By using the Services you acknowledge that you have read the Privacy Policy.
2. Changes to these Terms
We are constantly improving the Services, so we may need to change these Terms from time to time. When we make material changes we will alert you by posting a notice on the Novous website, by sending you an email, and/or by some other means, and we will update the effective date above. If you continue to use the Services after changes take effect, you agree to the revised Terms. If you do not agree, you must stop using the Services and may close your account.
We may also change, suspend or discontinue all or any part of the Services at any time, including the availability of any feature, and we may impose limits on certain features or restrict your access to parts or all of the Services without notice or liability.
3. Eligibility and Accounts
You must be at least 16 years old to use the Services, and at least the age of majority in your jurisdiction to purchase anything through them. You may not use the Services if you are barred from doing so under applicable law, or if we have previously suspended or removed your account.
You agree to provide accurate and complete information when you register and to keep it up to date. You are responsible for all activity under your account and for keeping your credentials, including any API keys we issue to you, confidential. Notify us immediately at support@novous.ai if you suspect any unauthorized use of your account or keys.
4. Your Use of the Services
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your own internal business or personal purposes. You agree that you will not, and will not permit anyone else to:
- infringe or violate the intellectual property, privacy, publicity or other rights of any person, or upload content you do not have the right to use;
- use the Services for anything unlawful, harmful, fraudulent, deceptive, harassing, defamatory or obscene, or to exploit or harm minors;
- copy, modify, reverse engineer, decompile or attempt to derive the source code, models, methods or underlying structure of the Services, except to the extent applicable law expressly permits it;
- access the Services by automated means (bots, crawlers, spiders or similar data-extraction tools) other than through the APIs we provide, or exceed any rate or usage limits we set;
- use the Services, or any output of the Services, to build or train a competing product or service, or to benchmark the Services for publication without our written consent;
- interfere with or disrupt the Services, probe or test their security, or circumvent any access control, usage limit or other protective measure;
- resell, sublicense, rent or otherwise make the Services available to any third party except as we expressly allow; or
- use the Services in violation of the terms of any third-party platform from which your content originates.
5. Your Content
The Services let you upload, link or otherwise submit media, metadata, text and other materials (“Your Content”). As between you and Novous, you keep all ownership rights you have in Your Content.
You grant Novous a worldwide, non-exclusive, royalty-free license to host, store, copy, process, analyze, transmit and display Your Content solely as needed to provide, secure and support the Services for you, and to improve the Services in the manner described in our Privacy Policy. This license ends when Your Content is deleted from the Services, except for copies we must retain to comply with law, resolve disputes or enforce these Terms, and except for aggregated or de-identified data that does not identify you or Your Content.
You represent and warrant that you own or have all rights, licenses and permissions necessary to submit Your Content and to grant the license above, and that Your Content and our use of it as permitted by these Terms will not violate any law or the rights of any third party. We do not endorse Your Content and may remove any content that we believe violates these Terms or the law.
6. Analyses, Insights and Other Outputs
The Services produce analyses, scores, recommendations, reports and other outputs (“Outputs”) using automated systems, including machine learning. Subject to your compliance with these Terms and payment of any applicable fees, you may use the Outputs generated for your account for your own purposes.
Outputs are estimates and informational only. They may be incomplete or inaccurate, similar Outputs may be provided to other users, and they are not a guarantee of any audience, engagement, revenue or other result. You are responsible for evaluating Outputs and for any decision you make based on them. Outputs are not legal, financial or other professional advice.
Use of de-identified insights
- When you use Novous to analyse your content, we produce results for you. We may also combine information derived from your analyses with information from other accounts to create aggregated, de-identified insights. Examples are benchmarks, trends, and improvements to how our analysis and recommendations work.
- De-identified means that the insight does not identify you, your account, your profiles, or any specific piece of your content. Before any information leaves your account for this purpose, we remove your account identifiers and your media identifiers.
- We never share your content, your analysis results, or anything that identifies you with other clients as part of these insights.
- You can opt out at any time. Go to your account settings, or use the API, and turn off “Contribute to de-identified insights”. Once you opt out, information from your account is excluded from new aggregated insights, benchmarks and improvement work from that moment on.
- Opting out does not change the analysis you receive, its quality, or its price.
- Opting out applies going forward. Insights that were already created before you opted out stay aggregated and cannot be traced back to you, so they cannot be separated out and removed.
7. Third-Party Platforms and Services
The Services may work with, link to or display information from third-party websites, social media platforms and services that Novous does not own or control. Your use of those platforms is governed by their own terms and privacy policies, and Novous is not responsible for their content, availability or practices. If you connect a third-party account to the Services, you authorize us to access and use information from that account as described in our Privacy Policy.
8. Our Intellectual Property
The Services, including all software, models, methods, designs, text, graphics, logos and the Novous name, and all intellectual property rights in them, are and remain the property of Novous and its licensors. Except for the limited rights expressly granted in these Terms, nothing in these Terms grants you any right, title or interest in the Services. If you send us feedback or suggestions, you grant us the right to use them without restriction or compensation to you.
9. Fees, Credits and Payment
Some Services are offered for a fee or require prepaid credits. Prices, credit costs and payment terms are shown to you before you buy. By purchasing, you authorize us and our payment processor (currently Stripe, Inc.) to charge your chosen payment method for the amounts shown, plus any applicable taxes. Payment information is handled by our payment processor under its own terms and privacy policy.
Unless stated otherwise at the time of purchase or required by law, fees are non-refundable and credits have no cash value, are non-transferable, and may expire as described at purchase. We may change prices prospectively; changes will not affect amounts you have already paid for.
10. Suspension and Termination
You may stop using the Services and close your account at any time. We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms, if required by law, or if continuing to provide the Services to you would create risk or harm for Novous, our users or others. Sections that by their nature should survive termination — including Your Content (as to retained copies), Our Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law and Disputes — will survive.
11. Disclaimers
The Services and all Outputs are provided “as is” and “as available,” without warranties of any kind, whether express, implied or statutory, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy or quiet enjoyment, and any warranties arising from course of dealing or usage of trade. Novous does not warrant that the Services will be uninterrupted, secure or error-free, that defects will be corrected, or that any Output will be accurate or achieve any particular result.
12. Limitation of Liability
To the fullest extent permitted by law, in no event will Novous or its officers, directors, employees, agents, suppliers or licensors be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any lost profits, revenue, data, goodwill or business opportunity, arising out of or relating to these Terms or the Services, however caused and under any theory of liability, even if advised of the possibility of such damages. NovousNovous’s total liabilityrsquo; total liability for all claims arising out of or relating to these Terms or the Services will not exceed the greater of (a) the amounts you paid to Novous for the Services in the twelve (12) months before the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above may not apply to you.
13. Indemnification
You agree to defend, indemnify and hold harmless Novous and its officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees, arising out of or relating to (a) Your Content, (b) your use of the Services, or (c) your violation of these Terms, of applicable law, or of any right of a third party.
14. Governing Law and Disputes
These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. Before filing any claim, you agree to first contact us at support@novous.ai and try in good faith to resolve the dispute informally for at least thirty (30) days. Any dispute that is not resolved informally will be brought exclusively in the state or federal courts located in San Francisco County, California, and you and Novous consent to the personal jurisdiction of those courts. Nothing in this section prevents either party from seeking injunctive relief to protect its intellectual property or confidential information.
15. General Terms
These Terms, together with our Privacy Policy and any additional terms you accept for specific Services, are the entire agreement between you and Novous regarding the Services. If any provision is found unenforceable, it will be limited to the minimum extent necessary and the rest of these Terms will remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them without restriction, including in connection with a merger, acquisition or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control. There are no third-party beneficiaries of these Terms.
16. Contact Information
If you have any questions about these Terms or the Services, please contact us at:
- https://novous.ai/
- support@novous.ai
- 2261 Market Street STE 79033, San Francisco, CA 94114