NOVA SLIDES TERMS OF SERVICE
1. INTRODUCTION AND ACCEPTANCE
1.1 Platform Overview
Thank you for choosing Nova Slides. This Terms of Service Agreement (the "Agreement") is entered into between Nova Slides, Inc., a Delaware corporation ("Nova Slides," "we," "us," or "our"), and you, the user ("User," "you," or "your"). Nova Slides is a browser-based 3D presentation platform that enables the creation and delivery of interactive presentations utilizing high-fidelity 3D models, immersive 360 videos, and interactive learning exercises.
1.2 Acceptance of Terms
Please read the following Terms before accessing Nova Slides ("Software") as they govern your use of Nova Slides' website and related websites ("Sites") and the services accessible via the Software and Sites. To make these Terms easier to read, the Software, Sites, services, and Content are collectively referred to herein as the "Services."
By downloading, installing, or using the Services, you indicate that you understand this Agreement and accept all the Terms contained herein and agree to be bound by such Terms. If you do not accept all the Terms of this Agreement, then you may not use the Services. Nova Slides may modify the Terms at any time, in its sole discretion; if Nova Slides does so, Nova Slides will let you know by either posting the modified Terms on the Sites, on the Software, or through other communications.
You are responsible for reviewing and becoming familiar with the Terms whenever they are modified because if you continue to use the Services after Nova Slides has posted the modified Terms, you are indicating that you agree to be bound by such modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Services anymore.
This Agreement is void where prohibited by law, and the right to access the Software and Services is revoked in such jurisdictions.
2. PROVISION OF ACCESS TO THE SERVICES
2.1 Service Access
Subject to your compliance with the terms and conditions of this Agreement, Nova Slides grants you access to the Services, solely for your own use.
2.2 Definitions
For the purposes of this Agreement:
"Services" means the Nova Slides platform, websites, and all related applications and functionality.
"Content" means any material displayed or performed via the Services, including but not limited to text, graphics, photographs, images, illustrations, 3D models, music, audio, video, and any information or other materials that are posted, generated, provided, or otherwise made available through the Services.
3. ACCOUNT REGISTRATION AND SECURITY
3.1 User Responsibility
You are responsible for all activities that occur under your account, whether or not you know about them. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from another User. You shall not use any part of Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity.
3.2 Account Creation
To access certain features of the Services, you must register for an account ("Account"). When registering, you must provide accurate, current, and complete information. You agree to update such information to keep it accurate, current, and complete. If you do not do so, Nova Slides may suspend or terminate your Account at any time and without notice to you.
3.3 Authentication and Security
Nova Slides uses secure authentication methods, including but not limited to "magic links" sent to your email address. You agree that you will not disclose your Account access credentials to anyone and you will notify Nova Slides immediately of any unauthorized use of your Account or any other breach of security.
3.4 Organizational Accounts
If you register for an Account on behalf of an organization, you represent and warrant that you have authority to bind the organization to this Agreement. You hereby irrevocably authorize Nova Slides to disclose your personally identifiable information at the request of any state, federal, or other governmental agency or in response to any judicial process.
3.5 User Age
We do not knowingly collect information from children under the age of 14 or target our services to children under 14. You may use the Services only if you have reached the age of majority or legal age in your jurisdiction (generally 18 or older) and can form legally binding contracts under applicable law. If you are under 18 or the legal age of majority in your jurisdiction, your educational institution, parent, or guardian must agree to these Terms of Use on your behalf.
4. SERVICES AND AVAILABILITY
4.1 Availability of Services
Nova Slides will use commercially reasonable efforts to ensure that the Services are available to you without interruption as much as reasonably possible, subject to any downtime for system maintenance, upgrades, or any unforeseen or emergency circumstances. All reasonable steps will be taken by Nova Slides to minimize such disruption where it is within Nova Slides' reasonable control. You agree that Nova Slides will not be liable in any event to you or any other party for any suspension, modification, discontinuance, or lack of availability of the Services, your User Content, or other content.
4.2 Changes to Services
If Nova Slides makes any material changes to the Services, you will be notified within the Services or by email. Notwithstanding the above, Nova Slides has no obligation to update or enhance the Services or to produce or release new versions of the same. As the Services are evolving over time, Nova Slides may change or discontinue all or any parts, features, components, or functions of the Services. Free Services may become paid Services at any time, without notice and in Nova Slides' sole discretion.
4.3 Interruption to Services
Notwithstanding anything else in this Agreement, Nova Slides may change, suspend, or discontinue the Services, or any Content, features, components, or functions thereof, for any reason and at any time, without prior notice to you. Nova Slides may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Nova Slides may also do so if it reasonably determines that: (a) you breached this Agreement, the Intellectual Property Rights of a third party or applicable laws, or any activity or use of the Services in connection with your Account is otherwise disruptive or harmful to Nova Slides or any third party; or (b) Nova Slides is required to do so by law. In the event that Nova Slides chooses to discontinue the Services, or any features, components, or functions thereof, upon notifying you, it will have no obligation to maintain the same.
4.4 Telecommunications & Internet Services
You acknowledge and agree that your use of the Services is dependent upon access to telecommunications and Internet services. You are solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing. Nova Slides will not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such telecommunications and Internet services.
5. SUBSCRIPTION AND PAYMENT TERMS
5.1 Payment
By purchasing or subscribing to the Services, you expressly authorize Nova Slides (or its third-party processor) to charge you for the Services and any purchases that you make in the Software. Nova Slides, or its third-party payment processor, may ask you to supply information for the processing of your payment, including, but not limited to, your credit card number, the expiration date of the credit card, your address, and any additional information to verify your identity (the "Payment Information").
You represent and warrant that you have the legal right to use all payment method(s) represented as any such Payment Information. You authorize Nova Slides to provide your Payment Information to third parties in order that your payment for the Services or any in-app purchases that you might make (plus any applicable taxes and other charges) can be completed.
5.2 Paid Features
Some of the Services are available for free. Other features must be paid for ("Paid Features"). You agree to pay for the applicable Paid Features that you wish to purchase via the Services. Nova Slides will communicate the payment options available to you via the Services when you create your Account. Your receipt of the Services is conditioned upon timely payment for the applicable Services.
5.3 Subscription Accounts
You may choose to pay for a subscription ("Subscription Account"). In the event that you purchase a Subscription Account, the fees for your Subscription Account will be billed from the date that you convert to a Subscription Account and, if auto-renew is available and enabled for your payment method, on each yearly renewal date thereafter, unless and until you cancel your Subscription Account.
If auto-renew is available, it will be enabled by default, and Nova Slides will automatically charge your credit card on each renewal date corresponding to the commencement date of your initial subscription. You acknowledge that the amount charged to your card may vary if you purchase promotional offers, change your account, or the amount of sales tax varies, and you authorize Nova Slides to charge your credit card for such varying amounts.
If any fee is not paid in a timely manner or if Nova Slides is unable to process the payment using the Payment Information provided, Nova Slides reserves the right to revoke your access to your Subscription Account and content associated with your Account and convert your Subscription Account to a free account.
5.4 Fee Changes
Where applicable, the Free Trial Period shall commence when you create an Account and end at the earlier of: (a) the end of the free trial time period as set out in the Services; or (b) the time at which you purchase or subscribe to the Services.
5.6 Cancelling Your Subscription
If auto-renew is available and enabled for your payment method, your Subscription Account will continue in effect unless and until you cancel it or we terminate it. You must cancel your subscription before the billing cycle’s renewable date in order to avoid billing next cycle’s fees to your credit card. If auto-renew is not available or not enabled for your payment method, your Subscription Account will automatically terminate.
SUBSCRIPTION ACCOUNTS ARE PREPAID AND NON-REFUNDABLE. NOVA SLIDES DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS. You may cancel your subscription at any time, and cancellation will be effective immediately. If you wish to cancel your subscription, you may do so in the relevant Account section, but please note that you will not be issued with a refund.
5.7 Cancellation of Your Account
You may cancel your Account at any time by contacting Nova Slides at [email protected]. Any fees paid hereunder are non-refundable.
6. RIGHTS GRANTED
6.1 License Granted by Nova Slides to You
Subject to your compliance with these Terms, Nova Slides grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the Software on a device that you own or control and to run such copy of the Software solely for your own use and solely in connection with your permitted use of the Services.
Except as expressly permitted in these Terms, you may not:
Copy, modify, or create derivative works based on the Software or Services;
Distribute, transfer, sublicense, lease, lend, or rent the Software or Services to any third party;
Reverse engineer, decompile, or disassemble the Software;
Perform, display, or in any way exploit any of the Content, Software, materials, or Services, in whole or in part; or
Make the functionality and/or Content available to multiple users through any means.
Nova Slides reserves all rights in and to the Software and Services not expressly granted to you under these Terms.
6.2 License Granted by You to Nova Slides
You hereby grant to Nova Slides a worldwide, perpetual, irrevocable, transferable, assignable, sublicensable, fully paid-up, and royalty-free license and right to modify, copy, distribute, display and perform, publish, prepare derivative works of, use and incorporate into the Services (without attribution of any kind):
Any suggestions, enhancement requests, recommendations, proposals, corrections, or other feedback or information provided by you in relation to the Services; and
Your marks and your image in connection with providing the Services and for marketing and promotional purposes in connection with the business of Nova Slides.
Other than those rights specifically granted to Nova Slides herein, all right, title, and interest in and to your marks and your image are expressly reserved by you.
6.3 Presentation License
Your subscription includes the right to use Nova Slides for live presentations in business, educational, or conference settings. This includes using the platform to display and interact with content during in-person or virtual presentations.
Unless expressly authorized by Nova Slides in writing, you may not:
Record or capture the Nova Slides platform interface or its functionality for distribution
Use screenshots or exports from Nova Slides in commercial publications or products for sale
Incorporate Nova Slides content into learning management systems or other platforms
If you wish to use Nova Slides content beyond live presentations, please contact us to discuss appropriate licensing options.
7. CONTENT AND INTELLECTUAL PROPERTY
7.1 Nova Slides Content and Platform
Nova Slides and its licensors exclusively own all worldwide right, title, and interest in and to the Services platform itself and all pre-existing Content provided by Nova Slides, including all worldwide patent rights, utility models, rights to inventions, copyright and related rights, trademarks and service marks, business names and domain names, rights in design, database rights, know-how and trade secrets, and any and all other intellectual property or proprietary rights (collectively, "Intellectual Property Rights").
You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Nova Slides Content.
If you modify or create derivative works based on Nova Slides' pre-existing Content or templates ("User Modifications"), you agree that Nova Slides owns all right, title, and interest in those User Modifications. You agree to cooperate with reasonable requests from Nova Slides to document this ownership when necessary.
7.2 User-Submitted Content Ownership
"User-Submitted Content" means any original content that you create independently and upload to the Services, including presentations, text, original 3D models that you create, original videos, and original presentations.
You retain ownership of your original User-Submitted Content. Nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User-Submitted Content outside of the Services, provided that you do not violate these Terms.
7.3 License to User-Submitted Content
You represent and warrant that you own all your User-Submitted Content or that you have all rights necessary to grant Nova Slides the license rights in your User-Submitted Content under these Terms. You also represent and warrant that neither your User-Submitted Content nor your use or provision of your User-Submitted Content will infringe, misappropriate, or violate any third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
7.4 Copyright Protection
The Services are protected as a collective work and/or compilation, pursuant to US Copyright law, international conventions, and other copyright laws. Any commercial or public domain use of images or models from the Services will be subject to an additional license. Please contact Nova Slides for additional information.
Nova Slides distinguishes between:
Original content you independently create and upload to the platform, which you continue to own
Content you create by modifying Nova Slides templates or existing materials, which Nova Slides owns
Any commercial republication, distribution, or public display of content from the Services is prohibited without explicit written permission. If you wish to use content from the Services for commercial purposes beyond the scope of your subscription, please contact Nova Slides for licensing information.
7.5 Content Responsibility
You are solely responsible for all User-Submitted Content created, posted, or developed under your username or Account, including content contributed by a third party that you have authorized to post content under your username or Account.
8. USER RESTRICTIONS
You will use the Services exclusively for authorized and legal purposes, consistent with all applicable laws, regulations, and the rights of others. You will not submit any infringing, obscene, defamatory, threatening, or otherwise unlawful or tortious material, including any material that violates privacy rights. You will not attempt to interfere with or disrupt the Services or attempt to gain access to any systems or networks that connect thereto, except as required to access and use the Services.
Except as expressly specified in this Agreement, you will not:
8.1 Content Restrictions
Post, upload, publish, submit, broadcast, or transmit any User-Submitted Content, or exercise your license rights to use the Content that might result in content, a User Modification, or Recording that:
Infringes, misappropriates, or violates a third party's intellectual property rights, or rights of publicity or privacy;
Violates or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
Is fraudulent, false, misleading, or deceptive;
Is libelous, abusive, indecent, defamatory, obscene, pornographic, vulgar, threatening, harassing, hateful, or offensive;
Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
Is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
Promotes illegal or harmful activities or substances.
8.2 Technical Restrictions
Access, tamper with, or use non-public areas of the Services, Nova Slides' computer systems, or the technical delivery systems of Nova Slides' providers;
Attempt to probe, scan, or test the vulnerability of any Nova Slides system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Nova Slides or any of Nova Slides' providers or any other third party (including another User) to protect the Services;
Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the Software and/or search agents provided by Nova Slides;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Nova Slides trademark, logo, URL, or product name without Nova Slides' express written consent;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the Software used to provide the Services or Content;
Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information of other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity in connection with your use of the Services;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
9. MONITORING AND ENFORCEMENT
9.1 Content Monitoring
You acknowledge and agree that Nova Slides has the right to monitor User-Submitted Content or communications transmitted through the service, or to review or edit any User-Submitted Content for the purposes of operating the Services, ensuring compliance with these Terms, and in order to comply with applicable law or other legal requirements.
9.2 Enforcement
Nova Slides reserves the right, but is not obligated, to remove or disable access to any Content, including User-Submitted Content, at any time and without notice, including, but not limited to, if Nova Slides, in its sole discretion, considers any User-Submitted Content to be objectionable or in violation of these Terms.
Nova Slides has the right to investigate violations of these Terms or conduct that affects the Services. Nova Slides may also consult and cooperate with law enforcement authorities to prosecute Users that violate the law.
You acknowledge that you will promptly notify Nova Slides of any suspected or alleged breach of this Agreement and will cooperate with Nova Slides with respect to:
Any investigation by Nova Slides of any suspected breach of this Agreement; or
Any action by Nova Slides to enforce this Agreement.
10. USER FEEDBACK
Nova Slides welcomes your feedback, comments, and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at [email protected].
By providing Feedback to Nova Slides:
You grant us permission to use and implement your Feedback without obligation or compensation
You understand that we may already be working on similar features or ideas
You agree we may incorporate general concepts from your Feedback into our services
While we value your input, we cannot promise that any Feedback will be implemented. All improvements, updates, and new features remain at Nova Slides' sole discretion.
11. THIRD-PARTY WEBSITES
11.1 Links to Third-Party Websites or Resources
The Services may contain links to third-party websites or resources. Nova Slides provides these links only as a convenience, does not have any control over, and is not responsible for the content, products, or services on or available on those websites or resources or links displayed thereon. You acknowledge that you take sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
12. DISCLAIMER OF PROFESSIONAL RESPONSIBILITY
12.1 No Professional Advice
Nova Slides is not a provider of professional services and does not provide professional advice of any description. The Software is not intended to replace professional judgment or advice. You should not rely on the information provided via the Services as a substitute for professional advice, diagnosis, or treatment. Please seek professional advice for any concern or condition.
12.2 Training Disclaimer
THE PLATFORM IS A PRESENTATION TOOL AND IS NOT INTENDED TO REPLACE PROFESSIONAL TRAINING. NOVA SLIDES MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY TRAINING CONTENT CREATED OR UPLOADED BY USERS.
12.3 Content Accuracy
You are solely responsible for ensuring that any representations, instructional content, or training materials you create or upload accurately depict the subject matter. Nova Slides has no control over and assumes no responsibility for the content, accuracy, or practices of any materials uploaded to the Platform.
12.4 User Assumption of Risk
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM AND ANY TRAINING MATERIALS OR INSTRUCTIONAL CONTENT ACCESSED THROUGH THE PLATFORM IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY OF ALL INFORMATION AND FOR ENSURING THAT ALL TRAINING COMPLIES WITH APPLICABLE LAWS, REGULATIONS, AND INDUSTRY STANDARDS.
13. WARRANTY DISCLAIMER
THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOVA SLIDES HAS NO SPECIAL RELATIONSHIP OR DUTY TO YOU. YOU ACKNOWLEDGE THAT NOVA SLIDES HAS NO CONTROL OVER, AND NO DUTY TO TAKE ACTION REGARDING WHICH USERS GAIN ACCESS TO THE SERVICES, WHAT CONTENT YOU ACCESS VIA THE SERVICES; WHAT EFFECTS THE CONTENT MAY HAVE ON YOU; HOW YOU MAY INTERPRET OR USE THE CONTENT OR WHAT ACTIONS THAT YOU MAY TAKE AS A RESULT OF BEING EXPOSED TO THE CONTENT.
NOVA SLIDES MAKES NO REPRESENTATIONS CONCERNING CONTENT CONTAINED IN THE SITES OR SERVICES AND WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT, COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES.
THE SOFTWARE, SERVICES, SITES, AND CONTENT ARE PROVIDED AS "AS IS," WITHOUT WARRANTIES OF ANY KIND. NOVA SLIDES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE.
NOVA SLIDES MAKES NO WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NOVA SLIDES MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, AVAILABILITY, LEGALITY, TRUTHFULNESS, COMPLETENESS, RELIABILITY, OR OPERABILITY OF MATERIAL, CONTENT, SOFTWARE, OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NOVA SLIDES OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
NOVA SLIDES DISCLAIMS ANY WARRANTY THAT THE SOFTWARE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. YOU ASSUME SOLE RESPONSIBILITY AND LIABILITY FOR RESULTS OBTAINED FROM THE USE OF THE SOFTWARE AND SERVICES AND FOR ANY AND ALL CONCLUSIONS DRAWN FROM SUCH USE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. INDEMNITY
To the extent permitted by applicable law, you agree to defend, indemnify, and hold Nova Slides harmless, including its officers, directors, employees, and representatives, from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising from or related to:
Your use of the Services in violation of this Agreement
Your User-Submitted Content
Your violation of applicable laws or regulations while using the Services
Your violation of any third-party rights, including privacy or intellectual property rights
Any claim that your use of the Services or your User-Submitted Content caused harm to a third party
This obligation will survive the termination of your account or your use of the Services. Nova Slides reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOVA SLIDES, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS, REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NOVA SLIDES HAS BEEN INFORMED OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER OR NOT IT WAS FORESEEABLE.
EACH OF SUCH LIMITATION IS INTENDED TO BE ENFORCEABLE REGARDLESS OF WHETHER ANY OTHER EXCLUSIVE OR NON-EXCLUSIVE REMEDY UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NOVA SLIDES AND YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVA SLIDES' TOTAL LIABILITY ARISING UNDER THIS AGREEMENT, FROM ANY AND ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE 12 (TWELVE) MONTHS IMMEDIATELY PRECEDING THE DAY THAT THE ACT OF OMISSION THAT GAVE RISE TO YOUR CLAIM OCCURRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN RESPECT OF ANY CONDITIONS, WARRANTIES, OR GUARANTEES THAT CANNOT BE LAWFULLY EXCLUDED, TO THE EXTENT PERMITTED BY LAW NOVA SLIDES' LIABILITY IS LIMITED (AT NOVA SLIDES' OPTION) TO THE REPLACEMENT, REPAIR, RESUPPLY, OR REFUND OF THE RELEVANT SERVICES.
16. TERMINATION
The term of this Agreement starts when you download the Software and Services and ends when terminated by either party (the "Term"). Either party may terminate the Services at any time by notifying the other party by the means set out in this Agreement. Nova Slides may also terminate or suspend any and all Services and access to your Account, without notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable.
Upon any such termination, your right to use the Services or access your Account will immediately cease. All provisions of this Agreement that by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive termination.
17. PERSONAL INFORMATION AND PRIVACY
Please review Nova Slides' Privacy Policy, which explains and governs how Nova Slides collects, uses, manages, and discloses data from its Users that are submitted to the Services. The Nova Slides Privacy Policy forms part of your entire agreement with Nova Slides, and by using the Services, you indicate that you agree to be bound by the same. The Privacy Policy is accessible at www.novaslides.com/privacypolicy, as may be updated by Nova Slides from time to time.
18. SUPPORT
As part of the Services, Nova Slides may provide standard support services as set out at www.novaslides.com/support, or other such URL that may be specified by Nova Slides and as may be updated by Nova Slides from time to time.
19. MISCELLANEOUS
19.1 Assignment
You may not assign, delegate, or transfer this Agreement or any rights hereunder, in whole or in part, by operation of law or otherwise, without Nova Slides' prior written consent, and any attempt to do so will be void. Nova Slides may freely assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without notice to you.
19.2 Notices
All notices from Nova Slides to you will be delivered via the Services or to the email address associated with your account. You consent to receive communications from Nova Slides electronically, and you agree that all agreements, notices, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
Notices from you to Nova Slides should be sent via email to [email protected]. For account-related matters, you may also use the help or support features within the Services.
Important information about your account, subscription changes, or policy updates may be delivered to your email address, so it's important to keep your contact information current.
19.3 Waiver & Severability
The failure by either party to exercise or enforce, in any respect, any right provided for herein, shall not be deemed a waiver of that or any other provision herein. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.
19.4 Force Majeure
Nova Slides shall not be liable for any failure or delay in performance under this Agreement for causes beyond its reasonable control and occurring without that party's fault or negligence, including, but not limited to: mechanical, electronic or communications failure and degradation; acts of God or government; flood, fire, or civil unrest; acts of terror; strikes or other labor issues; computer attacks (by government/national entities or otherwise) or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility.
19.5 Entire Agreement
This Agreement, together with the Privacy Policy, constitutes the complete and exclusive statement of mutual understanding between the parties and supersedes any and all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement.
19.6 No Agency Relationship
This Agreement does not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Nova Slides. Nothing in this Agreement shall be construed to authorize you to act as an agent of Nova Slides.
19.7 Governing Law
This Agreement and your relationship with Nova Slides shall be governed by the laws of the State of Delaware, without regard to its conflict of laws principles.
19.8 Dispute Resolution
If you have a dispute with Nova Slides, we encourage you to contact us directly to seek resolution at [email protected]. Most issues can be resolved quickly through our customer support channels.
If a dispute cannot be resolved informally, the following provisions will apply:
For individual users (non-business customers):
Before pursuing formal proceedings, we both agree to attempt good-faith negotiation
You may choose to pursue your claim in small claims court where jurisdiction is appropriate
For disputes exceeding small claims limits, either party may request non-binding mediation
If mediation is unsuccessful, the dispute may be resolved through arbitration or court proceedings
For business or institutional customers:
Disputes will be resolved through binding arbitration in Delaware according to the American Arbitration Association rules
The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction
Nothing in this section prevents either party from seeking injunctive relief in cases of intellectual property infringement or other urgent legal matters.
19.9 Contact
If you have any questions regarding this Agreement, please contact Nova Slides at [email protected].