Novabuilt Terms of Service

1. Service Description

Novabuilt provides a full Website as a Service (WAAS) model to the client, encompassing comprehensive design, hosting, maintenance, security, and ongoing support for the client's website.

2. Subscriptions & Payments

Details regarding payment and subscription management are as follows:

Item

Details

Billing Cycles

Services are billed on a recurring cycle (e.g., monthly, annually) as outlined in the subscription agreement.

Auto-Renewal

Subscriptions will automatically renew unless terminated by either party with appropriate notice.

Price Changes

Novabuilt reserves the right to modify service fees upon providing the client with at least 30 days written notice.

Late Payment

Novabuilt may suspend or terminate services for payments more than 15 days past due.

Refund Policy

Refunds are subject to Novabuilt's separate Refund Policy document, available upon request.

3. Intellectual Property (IP)

Novabuilt retains all intellectual property rights, including copyrights, on proprietary templates, themes, code, and underlying infrastructure used to deliver the WAAS. The client retains full ownership of all content, data, and materials uploaded, created, or stored on their website ("Client Content").

4. Acceptable Use Policy

Clients agree not to engage in or permit the following prohibited activities:

Distribution of malware, viruses, or other harmful code.

Sending unauthorized or excessive spam or unsolicited commercial email.

Unauthorized access to Novabuilt's systems or other clients' data.

Excessive or abusive resource utilization that negatively impacts the service availability for other clients.

Any activity that violates applicable local, state, national, or international law.

5. Liability Limitations

THE SERVICE IS PROVIDED "AS IS." Novabuilt makes no warranties, express or implied, regarding the service.

The total cumulative liability of Novabuilt arising out of or related to this agreement will be limited to the amount of fees paid by the client for the service during the twelve (12) months immediately preceding the event giving rise to the claim.

Novabuilt shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including, but not limited to, loss of profits, data, or goodwill.

6. Indemnification

The client agrees to indemnify, defend, and hold harmless Novabuilt and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with the client's:

Violation of the Acceptable Use Policy.

Infringement of any third-party intellectual property or privacy rights by Client Content.

Misuse of the WAAS service.

7. Termination

Termination of this agreement is subject to the following terms:

Standard Termination: Either party may terminate this agreement by providing the other party with written notice at least thirty (30) days in advance of the desired termination date.

Termination for Breach: Novabuilt may immediately suspend or terminate the service and this agreement if the client commits a material breach of these Terms of Service, including a violation of the Acceptable Use Policy or failure to make timely payments.

Data Export: Following termination, Novabuilt will provide the client with a window of thirty (30) days to export Client Content. After this period, Novabuilt reserves the right to permanently delete all Client Content.

8. Dispute Resolution

All disputes, controversies, or claims arising out of or relating to this agreement shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

Venue: Arbitration shall take place in Dallas, Texas.

Class Action Waiver: The client and Novabuilt agree that any arbitration shall be conducted solely on an individual basis and not in a class, consolidated, or representative action.

Opt-Out: The client may opt-out of this binding arbitration clause by sending a written notice of their decision to Novabuilt within thirty (30) days of accepting these Terms of Service.

9. DMCA Compliance

Novabuilt respects the intellectual property rights of others and responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).

Infringement Notices: To submit a copyright infringement notice, please provide a written communication to Novabuilt's designated agent containing the information specified in 17 U.S.C. § 512(c)(3).

Counter-Notifications: Clients may submit a counter-notification if they believe their content was removed or disabled by mistake or misidentification.

Repeat Infringer Policy: Novabuilt reserves the right to terminate the accounts of users who are determined to be repeat infringers of copyright.

10. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. The exclusive jurisdiction for any judicial proceedings shall be in the state and federal courts located in Dallas County, Texas.

Please ensure you have reviewed and saved a copy of the Refund Policy File before beginning your service on Date. For any questions, please contact Person.