Term of use | Novaverse

Terms and Conditions

Last updated: September 20, 2022

1. INTRODUCTION

These Terms of Use (the “Terms”) tell you the terms on which you may make use of:

• our website https://www.novanetwork.one/ (the “Site”) and

• our mobile app called NOVA (the “App”),

and the contents and services available through them, as updated or added to from time to time.

In these Terms, we refer to our Site and the App collectively as the “Service”. The Service is owned and operated by Quick Pace Limited - Nova Network (“NovaQP”, “we”, “our”, and “us”).

Please read these Terms carefully before you start to use the Service, as they set out the legal agreement between NovaQP and you for your use of the Service. By downloading, installing, using or accessing the Service, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Service.

These Terms set out important information regarding your rights and obligations in connection with the Service. In particular, we draw your attention to:

• the eligibility criteria and the actions required to generate Novas and Novas Plus (“Tokens’’) in Section 7 below and Whitepaper of the App (https://www.novanetwork.one/whitepaper-1); and

• the sections that describe the limits on our liability to you contained in Sections 15, 17 and 19 below.

2. YOUR PRIVACY

We only use any personal data we collect through your use of the Service in the ways set out in our privacy policy (https://www.novanetwork.one/privacy-policy), unless you are using a specific service to which a different privacy policy applies, as set out below in Section 3.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

3. ADDITIONAL TERMS FOR SPECIFIC SERVICES

In addition, the services set out below will be governed by the following terms of use and privacy policies:

Service | Web address of terms of use | Web address of privacy policy

Apple App Store | See Attachment 1 | https://www.apple.com/legal/privacy/en-ww/

In-App Purchases | http://www.apple.com/legal/internet-services/itunes/us/terms.html | https://www.apple.com/legal/privacy/en-ww/

Google Play Store | https://play.google.com/about/play-terms/index.html | https://policies.google.com/privacy?hl=en

Google Payments | https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=buyertos&ldr=uk | https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice

4. YOUR RIGHT TO USE THE SERVICE

NovaQP grants you the right to do the following provided you follow all of the rules in these Terms:

i. download, install and use the App, and any updates to it provided by NovaQP from time to time, for your personal use only on a compatible mobile device owned or controlled by you; and

ii. access and browse the Site for your personal use only,

(the “Licences”).

The Licences are for your personal and domestic use only. You must not use the Service for commercial, business or resale purposes.

5. TERMINATION OF YOUR RIGHT TO USE THE SERVICE

NovaQP may end the Licences at any time and for any reason (or no reason) by giving you at least fourteen (14) days’ notice that the Licences have ended.

We may also end the Licences immediately if you break any provision of these Terms by ending your NOVA Account without notice to you.

Where any of the Licences are terminated, you must immediately cease using and accessing the Service and delete any copies of the App held by you.

6. NOVA ACCOUNT

In order to use the App and earn Tokens, you must create a NOVA Account. You are responsible for all uses of your NOVA Account whether by you or a third party. You should ensure that you use the email/ google/ apple/ facebook account for verification of your NOVA account and that the details of your email/ google / apple /facebook account information are kept confidential and secure at all times.

You must not select as your username a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You must not transfer your NOVA Account to anyone else without our prior written permission.

Access to your NOVA Account can become restricted or even impossible if you lose control over the email/ google / apple/ facebook account to which your NOVA Account is registered.

Your NOVA Account logs details of all Tokens generated by you and any transfers of Tokens to or from your NOVA Account. Please review your NOVA Account regularly. If you identify any erroneous transaction or unexpected activity on your NOVA Account, or you believe that the security of your NOVA Account has been compromised, you must let us know as soon as possible.

Different VIP services may apply to the NOVA Accounts of different users and, depending on the VIP service that your entitlement to access functionality of the App or generate Tokens may vary, it will also affect the locking period of the Tokens.

When using the App on your mobile device, NOVA will operate in the background of your mobile device, which in turn may have an impact on the battery life of such a device.

The App allows you to send your Tokens to other users of the App. Please ensure that you have verified the identity of the recipient of the relevant Tokens before sending them.

7. EARNING TOKENS

“Tokens” are units of exchange that users of the App may generate through verified actions in the App (https://www.novanetwork.one/whitepaper-2) only. Tokens may be used to get certain benefits that are offered via the App. Tokens cannot be redeemed for cash from NovaQP or any of its affiliates, unless we expressly agree otherwise with you in writing.

We reserve the right to destroy Tokens that we have reason to believe have not been created by verified actions and to suspend or disable any NOVA Account used in such a way.

We reserve the right to destroy or redistribute Tokens that we have reason to believe have been obtained through fraud, for instance by defrauding another NOVA user, and to suspend or disable any NOVA Account used in such a way.

We reserve the right and retain the absolute discretion to determine and alter, from time to time, the eligible forms of action, action verification algorithms and amounts of verified action that must be undertaken by users in order to generate Tokens using the App (for example, we may alter the number of votes required to generate a Nova Token).

Details of current eligibility criteria and the actions required to generate Tokens are provided within the Whitepaper section of the App. Actions verification conducted by the App is considered final and cannot be revised or reversed.

We may cap the maximum amount of Tokens that users of the App may generate each day using the App.

For residents of the United States, users can complete the Know Your Customer (KYC) process within the app to accumulate tokens. However, these tokens will be held in a locked account after the locking period (just like in-app credit), or until all legal issues pertaining to cryptocurrency are resolved in the US market. Once these issues have been cleared, the app will release the tokens to the users as appropriate.

8. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the Service (including in the App and the Site) throughout the world belong to us (or our licensors) and the rights in the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Service other than the right to use them in accordance with these Terms.

“NOVA” is the trading name of NovaQP and we hold registered and unregistered trade mark rights in respect of this name.

9. USER CONTENT

You are solely responsible for any data, text, images, graphics and other content that you submit, post or display on or via the Service ("Your Content").

We do not claim ownership of any User Content. However, you grant to us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable, perpetual licence to use, aggregate, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate and otherwise fully exploit Your Content for any purpose relating to the Service and our business, at any time.

You agree that we are not responsible for, and do not endorse, Your Content or any data, text, images, graphics and other content that may be submitted, posted or displayed on or via the Service by another user (“Other User Content”) and that we do not have any obligation to monitor, edit, or remove Your Content or any Other User Content. However, we reserve the right, without obligation, to monitor, moderate, edit or remove any such content.

In general, we will only review Your Content if it is relevant to an issue that we are investigating either as a result of a query from you or another user, as a result of an appeal to an account suspension, or as a result of a technical problem with the Service. You agree that we may access and use Your Content for this purpose.

You will make sure that Your Content is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.

You agree that Your Content must not:

(i) infringe any third party's copyrights or other rights (e.g., trade mark, privacy rights, etc.);

(ii) contain sexually explicit content or pornography;

(iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group;

(iv) exploit minors;

(v) depict unlawful acts or extreme violence;

(vi) depict animal cruelty or extreme violence towards animals;

(vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or

(viii) break any law, rule or regulation.

10. FEEDBACK

We welcome any feedback or suggestions for improvements relating to the Service and/or any related products and services offered by us from time to time (“Feedback”). Where you provide Feedback to us you agree that we and our affiliates will have the right to use such Feedback for such purposes as we see fit from time to time, including to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion. We will not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use it.

11. ACCEPTABLE USE

You agree that you shall not:

a) seek to generate Tokens by any means other than your genuine actions in the App meeting the eligibility criteria specified by NovaQP from time to time and, in particular, you shall not (i) simulate any actions using artificial and/or mechanical means, (ii) enlist third parties to generate Tokens on your behalf (however, you may receive transfers of Tokens validly generated by other users using the functionality available within the App);

b) copy, adapt, transmit, reverse engineer, decompile, disassemble, modify, sell the App or Site or any content accessible on either, save as otherwise expressly permitted by these Terms or applicable law;

c) operate more than one NOVA Account;

d) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service;

e) reproduce, frame, display or mirror the Service other than as a necessary consequence of their normal operation by you;

f) infringe our intellectual property rights or those of any third party in relation to your use of the Service;

g) transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the Service;

h) use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

i) use the Service in any way that breaches any law or regulation, including any applicable export control laws, privacy laws or any other purpose not reasonably intended by NovaQP;

j) employ any technology that interferes in any way with the proper operation of the Service, including by blocking any advertising or promotions displayed thereon; or

k) collect or harvest any information or data from the Services for any commercial purpose, save as otherwise agreed in writing by us.

If we discover any breach of this Section 12 by you, we may immediately suspend or terminate your access to the App and remove and delete any offending content from the Service.

12. CHANGES AND UPDATES TO THE SERVICE

NovaQP reserves the right at any time in its absolute discretion to alter the functionality or contents of the Service with or without notice to you.

We may issue updates to the App from time to time. Depending upon the nature of the update, you may not be able to continue to use the App until you have downloaded the latest version of the App.

13. CONTACTING US

If you would like to contact us, including with any feedback, questions, complaints or claims about the Service, please contact us via our iPhone or Android application -> Profile -> Settings -> Contact us

14. AVAILABILITY OF THE SERVICE

The Service is provided “as is” and “as available” with all faults. We do not guarantee that the Service, or any part of it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. You agree that your use of the Service is at your own risk. We will not be liable to you if the Service (or any part of it) is unavailable at any time or for any period.

15. THIRD PARTY SERVICES

NovaQP may include in the NOVA Services links to other sites or applications that are owned or operated by third parties (“Third Party Services”). You also agree that NovaQP has no control over the content of Third Party Services and does not have any responsibility for any material available on such Third Party Services nor for any use of or reliance on the contents of such Third Party Services by you. The fact that we may link to a Third Party Service does not mean that we endorse it or the products or services on it.

16. LIMITATIONS OF THE SERVICE

The Service is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether expressed or implied, that such information is accurate, complete or up to date.

17. CHANGES TO THESE TERMS OF USE

We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on the Site and App and, where appropriate, notified to you by email. Please review this page frequently to see any updates or changes to these Terms.

From time to time we may make available additional terms or guidance in relation to the usage of the Service and, where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use the Service.

18. INDEMNITY

You agree to defend, indemnify, and hold harmless us, our parent(s), subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or the Privacy Policy or the Community Guidelines and your obligations, representation and warranties therein.

19. LIMITATION OF LIABILITY

We shall not be liable to you for any loss or damages or claims including but not limited to the following:

Any loss of profit, opportunity or goodwill;
Any loss of data;
Any damage incurred as a result of your reliance on any advertisement appearing on the Service;
Any damage incurred as a result of any changes to the Service, its features and any temporary or permanent termination of our Services;
Any damage incurred as a result of your failure to provide us with accurate information and your failure to keep your account details and password confidential and secure;
Any damage incurred as a result of the actions of another user.

Any dispute that may arise between you and any third party arising from your use of the Services shall be only between you and a third party and you release us and our affiliates from any such claims and damages connected with such disputes.

20. APP STORE REQUIREMENTS

You acknowledge and agree that the availability of our App is dependent on the third party stores from which you download the application, including Apple Inc.’s (“Apple”) App Store (the “Apple App Store”) and Google LLC’s (“Google”) App Store (“Google Play”).

As a user of the Apple App Store, we are required to include certain legal terms in our Terms of Use, and these are set out in Attachment 1 to these Terms. You agree to comply with, and your licence to use our application is conditioned upon your compliance with, such Apple App Store terms and conditions. To the extent such other terms and conditions from such Apple App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.

Through our App, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Service. When you make an In-App Purchase, you are doing so through the Apple iTunes service and you are agreeing to their respective Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html. NovaQP is not a party to any In-App Purchase.

21. General

We may transfer our rights and obligations under these Terms to a third party. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You are not entitled to transfer your rights or your obligations under these Terms without our prior written consent.

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the provisions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

These Terms and our agreement are governed by British Virgin Islands law.

App Store Terms

1. The Terms of Use are concluded between you and NovaQP, and not with Apple. The NOVA App and its contents are the responsibility of us, our licensors and users of the NOVA App (to the extent that such users create, submit or distribute any content via the NOVA App) and not Apple.

2. The licence to use the NOVA App granted under these Terms of Use is a non-transferable license for you to use the NOVA App on an Apple-branded product that you own or control in accordance with the usage rules set forth in the Apple App Store Terms of Service, except that the NOVA App may be accessed, acquired, and used by other accounts associated with you via any family sharing or volume purchasing arrangements with Apple.

3. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the NOVA App. We do not offer maintenance or support services in connection with the NOVA App.

4. Apple will have no warranty obligation whatsoever with respect to the NOVA App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the NOVA App to conform to any applicable warranty set out in these Terms of Use will be solely our responsibility.

5. In the event of any third party claim that the NOVA App or your possession or use of the NOVA App infringes that third party’s intellectual property rights, NovaQP and not Apple will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

6. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

7. You must comply with any third party terms that are applicable to the use of the NOVA App from time to time.

8. Apple and Apple’s subsidiaries are third party beneficiaries of the Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

9. NOVA offers optional in-app purchases in the form of auto-renewing subscriptions. The subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your App Store account settings after purchase.

For Further information of Standard Apple Terms of Use(EULA)

These Terms of Use were last updated on 22 June 2023.