1. Acceptance of Terms
By accessing or using Noviqe’s websites, apps, APIs, SDKs, or other services (collectively, the “Services”), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
2. Eligibility
You must be at least the age of majority in your jurisdiction and capable of forming a binding contract. You may not use the Services if you are barred from receiving services under applicable law or are on any sanctions list.
3. Accounts & Security
- You are responsible for your account credentials and for all activity under your account.
- Keep credentials secure and notify us immediately of any unauthorized use or security incident.
- We may require multi‑factor authentication for certain actions.
4. Subscriptions & Billing
- Paid plans are billed in advance on a recurring basis (monthly or yearly) until canceled.
- You can cancel at any time in the billing portal; your plan remains active through the current period.
- Upgrades/downgrades may result in prorated charges or credits in accordance with our billing logic.
5. Fees & Taxes
Fees are stated before purchase and are exclusive of applicable taxes. You are responsible for taxes, levies, and duties (e.g., VAT/GST). Payment processing is handled by Stripe; we do not store full card numbers.
6. Acceptable Use
You will not misuse the Services. Prohibited actions include: violating laws or third‑party rights; abusing, harassing, or harming others; interfering with or disrupting the Services; bypassing rate limits; reverse engineering or attempting to access non‑public areas; using the Services to distribute malware, spam, or illegal content.
7. User Content
You retain ownership of content you provide. You grant Noviqe a worldwide, non‑exclusive, royalty‑free license to host, store, transmit, and display your content solely to operate and improve the Services. You represent that you have all rights necessary to grant this license and that your content does not violate applicable law or third‑party rights.
8. Intellectual Property
The Services, including software, design, and trademarks, are owned by Noviqe or its licensors and are protected by intellectual property laws. Except for rights expressly granted, no license is granted by implication. Feedback is voluntary; we may use it without restriction.
9. API & SDK License
- Subject to these Terms, we grant you a limited, revocable, non‑exclusive, non‑transferable license to use our APIs and SDKs to build integrations with the Services.
- You must comply with rate limits, security best practices, and any published developer policies.
- Do not misrepresent your app as being endorsed by Noviqe; do not scrape or attempt to replicate core functionality.
10. Third‑Party Services
Some features depend on third‑party services (e.g., Stripe, Discord, Telegram). Your use of those services is governed by their terms and policies. We are not responsible for third‑party services and do not control their availability.
11. Suspension & Termination
We may suspend or terminate your access if you violate these Terms, pose a security risk, or cause harm. Upon termination, your right to use the Services ceases, but the following sections survive: 7 (User Content), 8 (IP), 11 (Termination), 12 (Disclaimers), 13 (Liability), 14 (Indemnity), 15 (Governing Law), and 18 (Miscellaneous).
12. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NOVIQE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOVIQE AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT PAID BY YOU TO NOVIQE FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
14. Indemnification
You will defend, indemnify, and hold harmless Noviqe and its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of your content, your use of the Services, or your violation of these Terms or applicable law.
15. Governing Law & Dispute Resolution
These Terms are governed by the laws of [choose jurisdiction], excluding its conflict‑of‑laws rules. Any dispute will be brought exclusively in the courts (or arbitration forum) located in [venue]. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
16. Export Controls
You must comply with all applicable export control and sanctions laws. You may not use or access the Services if you are located in a prohibited jurisdiction or are a prohibited party under applicable laws.
17. Changes to the Service/Terms
We may modify the Services and these Terms from time to time. If changes are material, we will provide notice (e.g., email or in‑app). By continuing to use the Services after changes take effect, you agree to the updated Terms.
18. Miscellaneous
- Entire agreement. These Terms constitute the entire agreement between you and Noviqe regarding the Services.
- Assignment. You may not assign these Terms without our consent. We may assign them as part of a merger, acquisition, or sale of assets.
- Severability. If any provision is unenforceable, the remainder remains in effect.
- Force majeure. Neither party is liable for delays caused by events beyond reasonable control.
- No waiver. A failure to enforce a provision is not a waiver of that provision.
- Notices. We may notify you by email, in‑app messages, or by posting on our site.