Nova Echo AI Inc. and Nova Echo LLC — Terms of Service

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE USE OF OUR SITE. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES.

PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE USING OUR SITE IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

YOU MAY NOT OBTAIN SERVICES FROM Nova Echo AI Inc. or Nova Echo LLC UNLESS YOU: (A) AGREE TO THESE TERMS OF SERVICE IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

Agreement

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and both Nova Echo AI Inc. and Nova Echo LLC ("Company", “Nova Echo”, “we”, “us”, or “our”), concerning your access to and use of the novaecho.ai website, app.novaechocrm.com website, university.novaecho.ai website, novaecho.io website, novaecho.co website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason and any such modifications shall be effective immediately.

We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.

Privacy

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Site Management

We reserve the right, but not the obligation, to: (a) monitor the Site for violations of these Terms of Service; (b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (c) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (d) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (e) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, or offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website should be taken to indicate that all information in the Site or on any related website has been modified or updated.

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Relationship of the Parties

Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

No Third-Party Beneficiaries

These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

Site Use

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

Compliance

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), unless you activate the corresponding tools. If your interactions would be subjected to such laws, you are responsible for activating all necessary tools or, if none available for your industry, you may not use this Site.

You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA) or any other law or regulation applicable to you. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Types of Accounts

We currently have three plans, a) AI Done with You, b) AI Done for You, and c) Partnership Program, the details of which can be reviewed here. Unless you are a Partner in our Partnership Program, you are NOT authorized to advertise without the use of our branding. In all types of accounts, you MAY NOT represent in any way that Nova Echo is your company, that our technology is yours, or that you are not associated with Nova Echo.

YOU HEREBY AGREE TO COMPLY WITH ALL TERMS OF YOUR SELECTED PLAN, INCLUDING YOUR DUTY TO WATCH ALL INSTRUCTIONAL VIDEOS IN THE AI DONE WITH YOU AND AI DONE FOR YOU PLANS, PRIOR TO USING OUR SERVICES. YOU UNDERSTAND THAT WE DO NOT GUARANTEE GOOD RESULTS AND WILL NOT BE LIABLE FOR LACK OF RESULTS.

Confidentiality

All users agree that all code, inventions, algorithms, know-how, business, technical, and financial information disclosed to or discovered by the user in reference to Nova Echo, its softwares, and/or other confidential information ("Confidential Information") constitute the sole property of Nova Echo.

Users shall: (i) protect and safeguard the confidentiality of Confidential Information with at least the same degree of care as they would protect their own Confidential Information, but in no event with less than a commercially reasonable degree of care; (ii) not use the Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise their rights or perform their obligations under this Terms of Service; and (iii) not disclose any such Confidential Information to any person or entity, except to their employees, contractors, and advisors who need to know the Confidential Information to assist them, or act on their behalf, in connection with the activities permitted under this Terms of Service.

Payment Terms

You may determine your preferred payment method and are responsible for informing us of this preference at least two (2) business days before the payment due date. Otherwise, our payment system may automatically charge one of the cards on file that may not be your preferred payment method. For all credit or debit card payments you hereby consent to (1) having charges automatically charged to your credit or debit card on the due date, (2) authorizing us to collect the payment due (in full) by collecting on any/all credit or debit cards that are provided to us by you.

Refund Policy

At Nova Echo, we are committed to delivering high-quality AI voice agents, software tools, and support. Due to the nature of our services, the following refund terms apply:

1. Done-For-You (DFY) One-Time Setup Fees

Refunds for DFY setup services will only be granted under the following conditions:

Non-Functional Agent: A refund may be issued if Nova Echo is unable to deliver a functional AI agent as promised. A functional agent is defined as one that:

• Can hold a complete, human-like conversation; and
• Executes the specific promised actions.

Minor or occasional issues — such as mispronunciations, tone or speed inconsistencies, or incorrect reading of names, emails, or phone numbers — do not constitute a non-functional agent and are considered within the normal range of performance for AI technology.

Delayed Buildout: A refund may be granted if Nova Echo fails to deliver the first version of the buildout within the expected timeline due to internal delays. However, delays caused by:

• Ongoing client requests for small changes or revisions;
• Third-party platform issues (e.g., Twilio, Go High Level, CRM access or integration problems);

do not qualify for refunds.

No refunds will be issued more than 30 calendar days after completion of the buildout, regardless of circumstances.

2. Done-With-You (DWY), Subscriptions, and Campaign Management Services

All subscriptions are cancel-anytime. You can cancel via your dashboard or by contacting support@novaecho.ai. If a subscription is not canceled before the renewal date, the corresponding payment is non-refundable.

Refunds for subscription plans may be considered only if:

• Nova Echo’s platform becomes entirely unusable due to an internal issue for more than 10 consecutive days. In such cases, a partial or full refund may be issued depending on the length and extent of the downtime.

Refunds will not be granted due to:

• User failure to cancel on time;
• Issues caused by third-party platforms (e.g., CRM setup, Twilio issues);
• Lack of campaign results or performance (as lead quality and other variables are outside our control).

3. AI Minutes and Usage-Based Charges

All purchases of AI minutes or usage-based services are final. These are charged on a pay-as-you-go basis and are non-refundable under all circumstances.

Questions & Support

To inquire about a potential refund under this policy, please contact:
Email: support@novaecho.ai
Phone: (561) 475-1497

Nova Echo reserves the right to evaluate all refund requests on a case-by-case basis and issue decisions in alignment with this policy and our Terms of Service.

Additional Fees

When using our software, you may be charged additional fees related to your use of our CRM and our AI, and by third parties to upgrade your account, on a per minute basis, and for emails and SMS. BY AGREEING TO THIS TERMS OF SERVICE, YOU HEREBY ACKNOWLEDGE YOU UNDERSTAND THERE ARE MULTIPLE ADDITIONAL FEES ASSOCIATED WITH THE USE OF OUR SITE.

User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all your account and password use. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

User Representations

By using the Site, you represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update such registration information as necessary; (c) you have the legal capacity and you agree to comply with these Terms of Service; (d) you are not a minor in the jurisdiction in which you reside; (e) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (f) you will not use the Site for any illegal or unauthorized purpose; and (g) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Prohibited Activities

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written consent.
2. Trick, defraud, or mislead us and/or other users, especially in any attempt to learn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5. Use any information obtained from the Site to harass, abuse, or harm another person.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Use the Site in a manner inconsistent with any applicable laws or regulations.
8. Engage in unauthorized framing of or linking to the Site.
9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
11. Delete the copyright or other proprietary rights notice from any Content.
12. Attempt to impersonate another user or person or use the username of another user.
13. Sell or otherwise transfer your profile.
14. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear GIFs, 1×1 pixels, web bugs, cookies, or other similar devices.
15. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
16. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
17. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
18. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
19. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
20. Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
21. Use a buying or purchasing agent to make purchases on the Site.
22. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

User-Generated Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you thereby represent and warrant that:

1. Your Contributions do not infringe proprietary rights of any third party.
2. You have the necessary rights/permissions to use and authorize use of your Contributions.
3. You have obtained written consent from identifiable individuals featured in your Contributions.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising or solicitation.
6. Your Contributions are not obscene, harassing, defamatory, or otherwise objectionable.
7. Your Contributions do not ridicule or abuse anyone.
8. Your Contributions do not advocate violence or threaten physical harm.
9. Your Contributions do not violate any law, regulation, or rule.
10. Your Contributions do not violate privacy or publicity rights.
11. Your Contributions do not solicit personal information from anyone under 18 or exploit minors.
12. Your Contributions do not violate laws concerning child protection.
13. Your Contributions do not include offensive comments connected to protected characteristics.
14. Your Contributions do not otherwise violate these Terms or any applicable law.

Any use of the Site in violation of the foregoing violates these Terms of Service and may result in termination or suspension of your rights to use the Site.

Contribution License

By posting your Contributions or making Contributions accessible by linking your account to social networks, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, host, copy, reproduce, disclose, sell, resell, publish, broadcast, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, distribute, prepare derivative works of, and sublicense such Contributions (including your image and voice) for any purpose and in any media now known or hereafter developed. You waive all moral rights in your Contributions.

We do not assert ownership over your Contributions; you retain full ownership and associated intellectual property rights. We are not liable for statements or representations in your Contributions. We may edit, redact, recategorize, pre-screen, or delete Contributions at any time and for any reason, without notice. We have no obligation to monitor Contributions.

Guidelines for Reviews

When posting a review, you must have firsthand experience; avoid profanity, hate speech, discrimination, and references to illegal activity; do not be affiliated with competitors when posting negative reviews; do not make legal conclusions; do not post false or misleading statements; and do not organize campaigns to post reviews. We may accept, reject, or remove reviews at our discretion and assume no liability for any review.

Submissions

Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you are non-confidential and become our sole property. We own all rights and may use and disseminate Submissions for any lawful purpose without acknowledgment or compensation to you. You waive all moral rights and warrant you have the right to submit such Submissions.

Mobile Application Use License

If you access the Site via a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on devices you own or control, strictly in accordance with these Terms of Service. You shall not: decompile, reverse engineer, disassemble, derive source, or decrypt the application; make modifications or derivatives; violate laws; remove notices; use for revenue-generating endeavors beyond intent; make available over a network permitting concurrent access; create competitive products; send automated queries or unsolicited emails; or use our IP to design applications/devices for use with the application.

Terms for Apple and Android Devices

Additional terms apply when using an app from Apple App Store or Google Play, including usage rules, maintenance responsibilities, warranty limits, export and sanctions compliance, adherence to third-party terms (e.g., wireless data agreements), and acknowledgment that App Distributors are third-party beneficiaries able to enforce these terms.

Social Media and Third-Party Accounts

You may link your account with third-party service providers (“Third-Party Accounts”). You represent you are entitled to disclose login information and/or grant access without breach. We may access and store content from such accounts (“Social Network Content”) for availability via the Site. Availability depends on third-party services and your privacy settings. You can disable connections anytime. Your relationship with third-party providers is governed solely by your agreements with them.

We may access your email address book or contacts solely to identify contacts who use the Site. You can deactivate connections via contact information below or account settings.

Third-Party Websites and Content

The Site may link to websites and content from third parties. We do not monitor or control Third-Party Websites or Content and are not responsible for their accuracy, policies, or practices. Inclusion or linking does not imply endorsement. You access them at your own risk. Review their terms and privacy practices. Purchases from Third-Party Websites are solely between you and the third party. You agree we are not responsible for such purchases and hold us harmless for related harm or losses.

Third-Party Marketing Services

We use third-party email and SMS marketing services. Additional fees may apply for third-party SMS, emails, and calls services.

Compensation for Recommendations of Third Parties

We may derive fees or compensation from purchases from service providers or vendors recommended via the Site and/or membership program.

Term and Termination

These Terms remain in effect while you use the Site. We may, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking IP addresses) to any person for any reason, including for breach of these Terms or applicable law. We may terminate your use or delete your account and content at any time without warning. If terminated or suspended, you are prohibited from registering a new account under your name or any third party’s name. We may pursue civil, criminal, and injunctive remedies.

Governing Law and Binding Arbitration

1. Governing Law: These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles.
2. Informal Negotiations: The Parties agree to attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration (except as noted in subsection (g)).
3. Binding Arbitration: Except as provided in subsection (e) and applicable law, any claim shall be settled by arbitration administered by the American Arbitration Association under its commercial rules. One arbitrator, seated in Delaware; English language; Delaware law; written, final decision. We bear our costs and your reasonable outside attorneys’ fees actually incurred; if we prevail, we may be reimbursed for amounts expended on your behalf. Class actions and consolidations are waived. If any provision is unenforceable, the remainder is enforced.
4. Restrictions: Arbitration is limited to the Dispute between the Parties individually; no class or representative proceedings.
5. Small-Claims Option: You may elect small-claims court for a breach of warranty claim by written notice within 90 days of purchase; only for your individual dispute.
6. Time to Commence Action: No Dispute may be commenced more than one (1) year after the cause of action arose. If illegal or unenforceable, such Dispute shall be decided by a court of competent jurisdiction as designated herein.
7. Exceptions: The following Disputes are excluded from informal negotiations and arbitration: enforcement/validity of IP rights; theft, piracy, invasion of privacy, or unauthorized use; and claims for injunctive relief. If illegal or unenforceable, such Disputes proceed in court as designated herein.

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF FORM OF ACTION, IS LIMITED TO $500.00 USD. SOME LAWS MAY NOT ALLOW SUCH LIMITATIONS; IN SUCH CASES, YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold us harmless (including affiliates and personnel) from any loss, damage, liability, claim, or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms; (4) breach of your representations and warranties; (5) violation of third-party rights; or (6) any harmful act toward another user connected via the Site. We may assume exclusive defense and control; you agree to cooperate. We will use reasonable efforts to notify you of any such claim upon becoming aware.

No Legal, Tax, Financial, or Other Advice Provided

Nova Echo AI Inc. and Nova Echo LLC and affiliates (the “Company”) are NOT lawyers, accountants, or financial advisors. Nothing on the Site or within any program is legal, medical, tax, financial, or investment advice. We cannot and do not guarantee results or earnings. Any numbers referenced are illustrative only. Consult qualified professionals before acting. You are solely responsible for your decisions and results and agree not to hold us liable.

Electronic Communications, Transactions, and Signatures

Visiting the Site, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement for written communication.

YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTION RECORDS. You waive any rights requiring original signatures, non-electronic records, or non-electronic payments/credits.

Force Majeure

Company is not responsible for delays or non-performance caused by factors beyond reasonable control, including war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, or third-party failures.

Assignment

We may assign or transfer our rights or obligations, in whole or part, to any third party at our discretion. You may not assign rights or delegate duties without prior written consent; any attempt is null and void.

Partial Invalidity

If any part of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions continue in full force and effect.

No Waivers

Our failure to enforce any right does not constitute a waiver of future enforcement, subject to applicable law.

Entire Agreement

These Terms constitute the entire agreement between you and Nova Echo and govern your use of the Site, superseding all prior communications and proposals. You may also be subject to additional terms and posted policies (including the Privacy Policy). Nova Echo may revise these Terms at any time by posting updates on the Site. Your continued use after changes signifies acceptance.