Last updated on December 20, 2016
PLEASE READ THROUGH THE NOVI SECURITY TERMS AND CONDITIONS OUTLINED BELOW PRIOR TO REGISTERING YOUR NOVI SECURITY AS YOUR USE OF NOVI SECURITY IS SUBJECT TO THE TERMS OUTLINED BELOW.
Terms and Conditions
Thank you for choosing Novi Security offered by Novi Security Inc. (the “Company,” “we”, “us”, or “our”). These are the terms and conditions (the “Terms”) which apply to your use of the Novi Security website located at www.novisecurity.com (the “Website”), the Licensed Software (as defined in Section 5 below), the Novi Security Guard, the Novi Security Hub, and the Novi Security mobile service (collectively referred to as the “Service”).
Please read these Terms before registering for the Service. By completing your registration and clicking on the “I Accept” button below, you will become a registered user of the Service and Licensed Software (a “User,” or, alternatively, “you”, “your”, “yours”) and will agree to be bound by the Terms. The Terms are subject to change by the Company at any time; however, the most current version of the Terms are available to you by clicking on the link at the bottom of the Website. We encourage you to regularly review the Terms to ensure that you are aware of any changes. By continuing to use the Service after changes in the Terms have been posted on the Website, you agree to be bound by the most current version of the Terms.
*If you do not agree to the Terms, please do not register for the Service.*
CHANGES/UPGRADES TO THE SERVICES
We have the right, in our sole discretion, to modify or change the Services, Licensed Software, and/or Fees (as defined below). We will notify you of such changes via the Website, email, or any other method we deem appropriate. Your continued use after any such modification or change is made constitutes your acceptance of such modification or change. If at any time you are not satisfied with the Service, Licensed Software, and/or Fees, you may terminate the Service subject to the terms in Section 9.
You will receive all updates to your existing Service for no additional Fee. However, if you choose to add additional services or features (“Premium Features”) to your Service, you will incur additional Fees.
USE OF SERVICE AND WEBSITE
You must be 18 years old, or the age of majority, as determined by the laws of your state of residency, to become a User and assume the obligations set forth in these Terms.
Your service area will be dependent on your working cell phone coverage and internet access. The Company is not responsible for any issues arising out of limitations in your cell phone coverage or internet access.
We do not manufacture, sell, or install the third party systems required to utilize this Service. You may only access and use the Service with equipment capable of receiving the Service as identified below (“Third Party Equipment or Service”). You must obtain all Third Party Equipment or Service, including installation, from an authorized seller or manufacturer. Third Party Equipment or Service is subject to the seller’s or manufacturer’s terms and conditions of sale. We are not responsible for any loss or damage to your personal or real property, including without limitation, your home, personal belongings, and the like, resulting from the installation or use of the Third Party Equipment or Service. We are not responsible for the advertising, practices, promises, statements, services, or other items made by the manufacturers or sellers of the Third Party Equipment or Service. If you have any questions regarding your Third Party Equipment or Service, contact the manufacturer or seller.
Third party equipment or service
- Overall system requirements
- Functioning broadband internet connection
- Secured router with at least one available port
- Computer with internet access
- Valid email address
- Internet browsers supported by the Website
- Google Chrome 8+
- Firefox 3+
- Safari 3+
- Supported phones for the mobile Website
- Any mobile phones (i) with internet browser and (ii) capable of accepting the Novi Security SSL Certificate. (NOTE: All compatible phones require an internet data plan to work with Novi Security)
Personal use of the service
You may allow multiple individuals to use the Service subject to the Terms. However, you are responsible for ensuring such individuals’ compliance with the Terms. You may not assign your obligations under these Terms to any other party.
Safety and access control
It is your responsibility to exercise discretion and observe all safety measures that you deem necessary or as may be required by law to protect your personal wellbeing and personal and real property and to prevent unauthorized access, misuse of passwords, or misuse of any other information. You may only access and use the Website in the manner authorized by the Terms and any other documents we provide to you. We are not liable to you for any unauthorized access to or misuse of the Service or the Website. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website (or computer systems or networks connected to the Website) through hacking, password mining, or any other means. You agree that you will not engage in any activities with respect to the Website that violates any applicable laws, rules, regulations,etc.
The Service is web-based and may be interrupted or negatively affected by items outside of our control. We are not liable to you for interruptions to or problems with the Service caused by acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, e-business software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services; failure of access circuits to our computer network (unless we are the sole cause of such failure), DNS (domain name server) issues outside our direct control; issues with FTP, POP3, SMTP, or any items relating to your access to the Website or the Services; your acts or omissions (or acts or omissions of others engaged or authorized by you), including, without limitation, custom scripting or coding (e.g., COI, Python, HTML, ASP, etc.), any negligence, willful misconduct, or use of Website or Services in breach of this Agreement; e-mail or WebMail delivery and transmission; DNS propagation; or outages elsewhere on the internet that hinder access to the Website or the Services. Because your Service is dependent on you ensuring that your Third Party Equipment or Service is active and fully functioning, the Company is not liable for any failure of your Third Party Equipment or Service.
Restrictions on use
You agree that you will not copy, translate, rent, lease, sublicense or otherwise transfer the Licensed Software and/or cause or permit reverse compilation, reverse engineering, or reverse assembly of all or any portion of the Licensed Software. You further agree not to allow, except as otherwise provided herein, any third parties, consultants or independent contractors to operate or use the Licensed Software or the Services, obtain access to or view the operation of the Licensed Software or the Services.
If you have questions or concerns regarding the Service or the Licensed Software, please contact our customer service at firstname.lastname@example.org.
All fees related to the Service (the “Fees”) will be billed to you by our third party provider, Authorize.net, and all payments will be transacted through Authorize.net. We reserve the right to change our third party provider and manner of payment without prior notice to you. Your credit card will be automatically billed on the anniversary date of activating a Premium Feature on a monthly basis, until your Service is terminated in accordance with Section 9 below. Any renewal of a Premium Feature will be billed at the rate in effect at the time of the renewal.
We will not send you billing statements, but you may access billing statements on the Website under “Settings” heading.
Questions or claims
You may direct any questions or claims regarding billing to our customer service, as identified in Section 3 above. If you wish to dispute a charge on your bill, please contact our customer service within 120 days after the due date of the charge in question, otherwise you waive your right to dispute the charge.
Changes in billing information
You are responsible for immediately notifying the Company of any changes to your registration information including, but not limited to, name, credit card information, etc.
We grant you a nonexclusive, non-transferable license to access via the Website and use the machine-readable version of Novi Security software (the “Licensed Software”) and user manuals and technical materials viewable and printable through our website (the “Documentation”), which we may update from time to time without notice at our sole discretion. The Licensed Software and Documentation are collectively referred to as the “System.”
You acknowledge that you have no ownership, rights, title or other interest in the System apart from that granted hereunder. All rights, title, and interest including, but not limited to, intellectual property interests, in and to the System are the exclusive property of the Company, and this Agreement shall not be deemed a transfer of title or ownership in any respect.
You acknowledge that the license granted hereunder is terminable at will by us in our sole and absolute discretion. Termination of the License Agreement revokes your license and ends your rights thereunder. In case of such termination, you will immediately cease use of the System. The terms that by their sense and context are intended to survive performance by either or both parties shall so survive the performance and termination of the License Agreement, including without limitation those terms relating to warranty limitations, limitation of liability, remedies or damages, or our proprietary rights.
You acknowledge that the Licensed Software may include software provided by third parties (“Third Party Software”) and that the licensor of any Third Party Software embedded in the Licensed Software has a proprietary interest in such software.
You may view and download a single copy of the Documentation solely for your personal, non-commercial use. You will not otherwise, in whole or in part, sublicense, copy, rent, loan, transfer, modify, enhance, prepare derivatives of, decompile, or reverse engineer any portion of the System.
If we make any modifications, enhancements, improvements or alterations to the System are or have been made us, by you or by any non-party, either singly or in combination, all such modifications, enhancements, improvements or alterations shall belong exclusively to us. You agree to assign to us any ownership or other right, title and interest in or to any such improvements, enhancements, modifications or alterations and to execute any documents to facilitate said assignment that we request.
You may not assign, sell, transfer, pledge, or encumber in any way your rights hereunder. You may not sell, sublicense or rent the Licensed Software to any third-party. We may assign this License Agreement.
We have no obligation to support or maintain the Licensed Software or to provide consulting or training services.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE PERFORMANCE OR FUNCTIONALITY OF THE SERVICE AND LICENSED SOFTWARE OR FOR ANY THIRD PARTY EQUIPMENT OR SERVICE. THE SERVICE AND LICENSED SOFTWARE ARE BEING PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICE AND LICENSED SOFTWARE AT YOUR SOLE RISK. ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, OR STATUTORY.
THE THIRD PARTY LINKS, RESOURCES, AND CONTENT AVAILABLE WITH THE SERVICE AND LICENSED SOFTWARE ARE NOT CONTROLLED BY THE COMPANY, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH THIRD PARTY LINKS, RESOURCES, AND CONTENT INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY WILL NOT BE LIABLE FOR YOUR ACCESS TO, USE OF OR DOWNLOADING OF CONTENT AVAILABLE ON OR THROUGH, THE SERVICE OR WEBSITE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
THE COMPANY DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OBLIGATION OR LIABILITY IN CONNECTION THE SERVICE AND LICENSED SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, PERSONAL OR REAL PROPERTY DAMAGE, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, OR NEGLIGENCE) AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY RELATED TO (a) THE USE OF OR INABILITY TO USE THE SERVICE AND LICENSED SOFTWARE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (c) ANY OTHER MATTER RELATING TO THE SERVICE AND LICENSED SOFTWARE. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE AND LICENSED SOFTWARE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL AND DISCONTINUE USING THE SERVICE AND LICENSED SOFTWARE AND TO RECEIVE A REFUND FOR SERVICES NOT RENDERED. IN NO INSTANCE WILL THE COMPANY’S LIABILITY TO YOU EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM AT ISSUE AND YOU AGREE THAT THIS LIMITATION REPRESENTS A REASONABLE ALLOCATION OF RISK. THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL APPLY REGARDLESS OF ANY ALLEGATION OR FINDING THAT A REMEDY FAILED OF ITS ESSENTIAL PURPOSE, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) AND EVEN IF THE COMPANY OR OTHERS WERE ADVISED OR AWARE OF THE POSSIBILITY OF LIKELIHOOD OF SUCH DAMAGES OR LIABILITY.
BY REGISTERING FOR THE SERVICE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NOVI SECURITY INC, AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSIGNS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, PROCEEDINGS, SUITS AND ACTIONS, INCLUDING ANY RELATED LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES, PENALTIES, FINES, JUDGMENTS, SETTLEMENTS, EXPENSES (INCLUDING ATTORNEYS’ AND ACCOUNTANTS’ FEES AND DISBURSEMENTS) AND COSTS INCURRED BY, BORNE BY OR ASSERTED AGAINST THE COMPANY TO THE EXTENT SUCH CLAIMS IN ANY WAY RELATE TO, ARISE OUT OF, OR RESULT FROM YOUR USE OF THE SERVICE AND LICENSED SOFTWARE.
TERM AND CANCELLATION
Your Service will commence upon your acceptance of these Terms and will continue until cancelled as provided in this Section 9. Any cancellation will take effect immediately.
We reserve the right to suspend or cancel the Services at any time if you fail to pay amounts owing when due, violate or breach any of the Terms, or for any other reason at our sole discretion. If your Service is suspended or cancelled, you will still be responsible for payment of all outstanding balances accrued through the cancellation date, including any fees described herein.
You have the right, at any time, to cancel the Service upon notice to us. Upon such notice, you will not receive a refund of any Fees paid during the month Service was cancelled. In the event you have a Premium Feature, you will receive a refund based on the number of unused days left in the Service in accordance with any applicable Fee promotion.
Upon termination of the Service, you will no longer have access to the Service and you must delete or uninstall any Licensed Software from your Third Party Equipment or your possession.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Service or the System or any portion thereof to countries or persons prohibited under the export control laws. By downloading the System, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Service or the System.
Any waiver granted herein shall not be deemed effective unless in writing, executed by the party as to whom enforcement of the waiver is sought. A waiver by either party of any provision(s) hereof shall not be deemed a waiver as to any other provision hereof or of any subsequent breach by either party of the same or any other provision.
If any provision of these Terms is prohibited or unenforceable by any applicable law, the provision shall be ineffective only to the extent and for the duration of the prohibition of unenforceability, without invalidating any of the remaining provisions.
The obligations of you under these Terms that by their nature would continue beyond the termination of these Terms including, but not limited to, those sections relating to Fees and Indemnification will survive any termination.
If we initiate legal action against you for collection of any Fees or to enforce our rights and your obligations under these Terms, we are entitled to recover from you our reasonable costs and expenses including, but not limited to, reasonable attorneys’ fees incurred as a result.
The rights and remedies provided to us under these Terms are in addition to any other remedies available at law or in equity.
Governing law and venue
These Terms shall be governed by and interpreted according to the laws of the State of Delaware, without regard to conflicts of law principles. Venue for any action, claim or proceeding pertaining to this Agreement shall be Delaware.
These Terms represent the entire agreement and understanding of the parties with respect to the subject matter of these terms and conditions and supersedes all prior agreements and understandings between the parties, whether oral or written, with respect to this subject matter.
You grant us a royalty-free, fully paid-up, nonexclusive, perpetual, irrevocable, worldwide, transferable, sublicensable license to use, copy, modify, distribute, and otherwise exploit any suggestions, enhancement requests, or other feedback you provide us with respect to the Service.
BY USING THE SERVICE AND LICENSED SOFTWARE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THESE ENTIRE TERMS, AND YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THE SERVICE AND LICENSED SOFTWARE AS STATED ABOVE.