Terms and Conditions

Last Updated: September 2026

These Terms and Conditions ("Terms") govern your access to and use of the website located at novacekite.net, any associated subNovacekites, and the software, applications, application programming interfaces, and related services made available by Novacekite (collectively, the "Service"). The Service is provided by Novacekite, which may be contacted at [email protected], +12621585105, or 415 Mission Street, San Francisco, CA 94105, United States.

Please read these Terms carefully before using the Service. By accessing, browsing, registering for, or otherwise using the Service, you agree to be bound by these Terms and by our Privacy Policy and Cookie Policy, each of which is incorporated into these Terms by reference. If you do not agree to these Terms, you must immediately discontinue use of the Service.

1. Acceptance of Terms

By clicking "I agree," creating an account, executing an order form, or using the Service in any manner, you represent that you have read, understood, and agreed to be bound by these Terms. If you are entering into these Terms on behalf of a company, partnership, or other legal entity, you represent and warrant that you have the authority to bind that entity, and "you" refers to that entity.

You further agree that your acceptance of these Terms, and any subsequent amendments, may be effected electronically and that such electronic acceptance constitutes a valid and binding signature under the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 (E-SIGN Act), and the Uniform Electronic Transactions Act (state adoptions). You consent to receive communications, notices, agreements, and disclosures from Novacekite electronically, and you agree that electronic records satisfy any legal requirement that such communications be in writing.

The Service is intended solely for users who are at least eighteen (18) years of age, or the age of legal majority in their jurisdiction of residence, whichever is greater. The Service is not directed to children under the age of thirteen (13), and Novacekite does not knowingly collect personal information from children. Consistent with the Children's Online Privacy Protection Act, 15 U.S.C. § 6501 et seq., and the Amended COPPA Rule, 16 C.F.R. Part 312 (2025 amendments in effect), any account found to belong to a child under thirteen (13) will be terminated and associated data deleted.

If you access the Service on behalf of an organization, you acknowledge that these Terms bind both you individually and that organization, and you are jointly and severally liable for compliance.

2. Use of Service

2.1 License Grant

Subject to your compliance with these Terms and payment of all applicable fees, Novacekite grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to access and use the Service during the applicable subscription term, solely for your internal business or personal purposes as permitted by your selected plan.

2.2 Account Registration and Security

You must provide accurate, current, and complete information when registering an account and must promptly update such information to keep it accurate. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account. You must notify Novacekite immediately at [email protected] of any unauthorized use or suspected breach of security.

2.3 Fees, Billing, and Automatic Renewal

Certain features of the Service require payment of fees. You agree to pay all fees specified in your order or on the applicable pricing page. Unless stated otherwise, subscriptions renew automatically for successive terms of the same duration until cancelled. In accordance with the Restore Online Shoppers' Confidence Act, 15 U.S.C. § 8401 et seq., Novacekite will disclose all material terms of the recurring charge, obtain your express informed consent before charging you, and provide a simple mechanism to stop recurring charges. You may cancel at any time through your account settings or by contacting [email protected].

2.4 Acceptable Use Restrictions

You shall not, and shall not permit any third party to:

  • Reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying structure of the Service;
  • Copy, modify, distribute, sell, resell, sublicense, or lease any part of the Service;
  • Use the Service to transmit unlawful, defamatory, harassing, infringing, or malicious content, or to distribute malware;
  • Interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service, its servers, or connected networks;
  • Use automated scripts, scrapers, or bots to harvest data, or use the Service to build a competing product;
  • Circumvent usage limits, authentication, or any other technical or contractual restriction;
  • Use the Service in violation of any applicable export control, sanctions, or anti-corruption law.

2.5 Third-Party Services and Cookies

The Service may integrate with or link to third-party services. Novacekite does not control and is not responsible for third-party services, and your use of them is governed by their own terms. The Service uses cookies and similar tracking technologies as described in our Cookie Policy. Novacekite recognizes universal opt-out preference signals where required by applicable state law, and consent will be obtained for non-essential tracking where required.

3. User Obligations

You are responsible for all content, data, files, and materials that you upload, submit, transmit, or otherwise make available through the Service ("User Content"). You represent and warrant that you own or have all necessary rights, licenses, and consents to submit your User Content and that such User Content does not infringe the intellectual property, privacy, publicity, or other rights of any third party.

You agree to use the Service only in compliance with all applicable federal, state, and local laws, rules, and regulations, including the FTC Act § 5, 15 U.S.C. § 45, state consumer protection statutes, and all data protection laws applicable to the data you process through the Service. Where you process personal data of third parties through the Service, you are the data controller and are solely responsible for establishing a lawful basis for processing.

You are responsible for obtaining and maintaining all equipment, software, and internet connectivity required to access the Service and for all costs associated therewith. You must implement reasonable administrative, technical, and physical safeguards to protect your account credentials and any personal data you process in connection with the Service.

You agree to cooperate with Novacekite in investigating any suspected violation of these Terms and to promptly provide accurate information upon reasonable request. Failure to fulfill these obligations constitutes a material breach of these Terms.

4. Intellectual Property Rights

The Service, including all software, source code, object code, algorithms, user interfaces, designs, text, graphics, logos, trademarks, and documentation, is owned by Novacekite or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. No rights are granted to you except as expressly set forth in these Terms.

All suggestions, feedback, ideas, and improvement requests you provide regarding the Service are provided voluntarily, and Novacekite may use, disclose, reproduce, license, and exploit such feedback without restriction, attribution, or compensation to you.

As between you and Novacekite, you retain all right, title, and interest in your User Content. You hereby grant Novacekite a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display your User Content solely as necessary to provide, secure, and improve the Service and to comply with legal obligations.

Novacekite respects the intellectual property rights of others. If you believe that content available through the Service infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, to [email protected] with the information required by statute, including identification of the copyrighted work, the allegedly infringing material, and your contact details and signature. Novacekite will respond to valid notices and may remove or disable access to allegedly infringing material.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Novacekite, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Novacekite HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF Novacekite ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO Novacekite FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

The limitations in this Section apply regardless of whether the alleged liability arises from a breach of contract, breach of warranty, negligence, or any other theory, and shall survive and continue even if a limited remedy is found to have failed of its essential purpose.

Some jurisdictions, including certain U.S. states, do not allow the exclusion or limitation of incidental or consequential damages or of implied warranties. To the extent such laws apply to you, the foregoing limitations shall apply to the fullest extent permitted, and nothing in these Terms limits liability for gross negligence, willful misconduct, fraud, or any other liability that cannot be limited under applicable law.

6. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. Novacekite EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.

Novacekite does not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components, that defects will be corrected, or that the Service will meet your requirements or produce any particular result. Any reliance on the Service is at your sole risk.

Certain features of the Service may be designated as beta, preview, or early access. Such features are provided for evaluation purposes only, may be modified or discontinued at any time without notice, and are excluded from any service level commitment.

The Service may be used to process data, but Novacekite does not provide legal, tax, accounting, medical, or other professional advice, and no output of the Service should be relied upon as such. You are solely responsible for independently validating outputs and for your own compliance with laws applicable to your business.

7. Indemnification

You agree to defend, indemnify, and hold harmless Novacekite and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, actions, demands, liabilities, damages, losses, judgments, settlements, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your User Content; (c) your breach of these Terms or of any representation or warranty herein; or (d) your violation of any law or the rights of any third party.

Novacekite shall promptly notify you of any claim subject to indemnification, shall provide reasonable cooperation at your expense, and reserves the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with Novacekite's defense and shall not settle any such matter without prior written consent.

This indemnification obligation is independent of, and in addition to, any other obligation you may have under these Terms, and shall survive termination.

8. Governing Law

These Terms and any dispute arising out of or relating to them or the Service shall be governed by and construed in accordance with the laws of the United States and the state in which Novacekite maintains its principal place of business, as identified by 415 Mission Street, San Francisco, CA 94105, United States, without regard to its conflict of laws principles.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of the arbitration provisions in Section 9.

Except as otherwise provided in Section 9, you and Novacekite consent to the exclusive jurisdiction and venue of the state and federal courts located in the county and state of Novacekite's principal place of business for any action not subject to arbitration.

9. Dispute Resolution

9.1 Informal Resolution

Before initiating any formal proceeding, you agree to contact Novacekite at [email protected] with a written description of the dispute and your requested relief. The parties shall attempt in good faith to resolve the dispute within thirty (30) days. This informal process is a prerequisite to arbitration, except where emergency injunctive relief is required.

9.2 Binding Arbitration and Class Action Waiver

Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator. The arbitration shall be conducted in the state of Novacekite's principal place of business or, at your election, by telephone or video conference.

YOU AND Novacekite EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. All disputes shall be arbitrated on an individual basis only, and the arbitrator may not consolidate or preside over any form of representative proceeding.

You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days after you first accept these Terms. Opting out will not affect any other part of these Terms. Either party may bring an individual action in small claims court for disputes within that court's jurisdiction, and either party may seek injunctive or equitable relief in court to protect its intellectual property or confidential information.

Any claim must be brought within one (1) year after the claim arises, to the extent permitted by applicable law; otherwise the claim is permanently barred.

10. Termination

Novacekite may suspend or terminate your access to the Service, in whole or in part, immediately and without notice, if you breach these Terms, if your account poses a security or legal risk, if required by law, or if your account remains unpaid. You may terminate your account at any time through your account settings or by written notice to [email protected].

Upon termination, your license to use the Service ceases immediately. You will have thirty (30) days from the effective date of termination to export your User Content, after which Novacekite may delete it in accordance with its retention practices and the Privacy Policy. Fees paid are non-refundable except as expressly stated in these Terms or required by law.

Sections concerning Intellectual Property Rights, Limitation of Liability, Disclaimers, Indemnification, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive termination shall survive.

11. Changes to Terms

Novacekite reserves the right to modify these Terms at any time. Material changes will be notified by email to the address associated with your account, by a prominent notice within the Service, or by updating the "Last Updated" date above. Non-material changes may take effect upon posting.

Your continued use of the Service after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to a modification, you must stop using the Service and may terminate your account in accordance with Section 10.

The version of these Terms in effect at the time a dispute arises shall govern that dispute, unless the parties expressly agree otherwise in writing. These Terms supersede all prior agreements relating to their subject matter. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.

12. Contact Information

If you have any questions, concerns, or notices regarding these Terms or the Service, please contact Novacekite using the details below:

  • Company: Novacekite
  • Email: [email protected]
  • Phone: +12621585105
  • Address: 415 Mission Street, San Francisco, CA 94105, United States

Legal notices must be sent to the address above and are deemed received upon actual receipt or three (3) business days after mailing by certified mail, whichever is earlier. For questions about data handling practices, please review our Privacy Policy and Cookie Policy.