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Policy

Novi Terms of Service

Effective date: [not yet in effect]
Last updated: [not yet in effect]

1. Introduction and Acceptance

These Terms of Service ("Terms") are an agreement between you and Novi Connections Inc. ("Novi," "we," "us," or "our") governing your use of the Novi mobile application and the novidate.com website (together, the "Services"). By creating an account, you accept these Terms; your acceptance is recorded with your account at the time of account creation. The Novi Privacy Policy and the Novi Biometric Information Policy are incorporated into these Terms.

If you do not agree to these Terms, do not use the Services.

2. Eligibility

To use the Services, you must:

  • be at least 21 years old;
  • be legally able to form a binding contract;
  • not have been previously banned from the Services; and
  • not be required to register as a sex offender under any law.

The Services are offered in the United States and are currently available only in the Atlanta, Georgia area. You may hold only one account, associated with one phone number.

3. Your Responsibilities; Prohibited Conduct

You are responsible for your conduct on the Services and for the information you provide, which must be accurate and yours.

You agree not to:

  • misrepresent your identity, age, or photographs, or impersonate any person;
  • use the Services for any commercial purpose, including solicitation, advertising, or promotion;
  • harass, stalk, intimidate, defame, or harm any person, on or off the Services;
  • post content that is illegal, sexually explicit, hateful, violent, or that infringes any third party's rights;
  • request money from, or send money to, other members;
  • use another member's account or share your own;
  • use any automated means to access the Services, or attempt to probe or breach their security;
  • use the Services, or any content obtained from them, to train artificial-intelligence models; or
  • use the Services in violation of any applicable law.

We may remove content and take enforcement action, up to permanent ban, for violations of these Terms.

4. Verification

Every Novi profile completes identity verification before becoming visible to other members, as described in the Biometric Information Policy. Verification requires your consent to biometric processing; the Services are not available without it.

Verification is designed to confirm that a live person matches their profile photographs and meets our age requirement. IT IS NOT A GUARANTEE OF ANY MEMBER'S IDENTITY, AGE, CONDUCT, OR INTENTIONS, AND IT IS NOT A SUBSTITUTE FOR YOUR OWN JUDGMENT.

5. No Background Checks

NOVI DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, HEALTH, OR INTENTIONS OF ANY MEMBER. We reserve the right to conduct such screening in the future, using publicly available records, to the extent permitted by law.

6. Safety

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. Meet in public, tell someone where you are going, and do not send money or share financial information with anyone you meet on the Services. Novi cannot guarantee your safety, on or off the Services, and verification does not change that.

7. Content

Your content. You keep ownership of the content you post (photographs, profile text, messages). You grant Novi a worldwide, non-exclusive, royalty-free license to host, store, display, and distribute that content solely as needed to operate the Services, including showing your profile to other members. This license ends when you delete the content or your account, except for content we must retain as described in the Privacy Policy (for example, safety and moderation records). We do not use your content for advertising and do not use it to train artificial-intelligence models.

You represent that you have the rights to the content you post and that it does not violate these Terms or any law.

Member content. Content other members post belongs to them. You may not copy, distribute, or use it outside the Services, and you may not photograph, record, or screen-capture other members' profiles or your NoviDate calls for distribution.

Our content. The Services, including their software, design, text, and trademarks, are owned by Novi or its licensors and are protected by law. We grant you a personal, non-transferable, revocable license to use the Services as intended. No other rights are granted.

8. Reporting and Enforcement

You can report any member from their profile, from a chat, or during a call, and you can report a past match from Settings. Reports are reviewed by a person. Enforcement measures include content removal, warnings, temporary suspension, and permanent ban. Where an account is permanently banned for serious misconduct, we retain limited information to keep the banned individual off the Services, as described in the Privacy Policy and Biometric Information Policy.

9. Purchases

The core Novi experience is free. Optional paid features are offered on these structures:

Renewing subscriptions. A subscription (for example, Novi One billed monthly) renews automatically at the end of each billing period until you cancel. You can cancel at any time; cancellation takes effect at the end of the current period. How you cancel depends on where you purchased: through your Apple or Google account settings for app-store purchases, or through your account on novidate.com for web purchases.

Non-renewing passes. A pass (for example, a 3-month Novi One pass) NEVER RENEWS AUTOMATICALLY. It expires at the end of its term unless you actively purchase again. Nothing you buy as a pass will ever charge you again on its own.

Consumable items. Items such as comment packs are consumed on use and are non-refundable.

The price and terms shown at the time of purchase control that purchase. Promotional offers, including any earned discount or guarantee, are governed by the terms presented with the offer. Prices may change; changes apply only to future purchases or renewal periods, never retroactively.

Refunds. Our Refund & Cancellation Policy (novidate.com/refunds) governs refunds and is part of these Terms. In short: purchases are final and non-refundable, with two exceptions. We refund the affected purchase if Novi cannot provide the service you purchased, and we provide any refund required by applicable law. Unused portions of a subscription or pass are not otherwise refunded. For app-store purchases, refund requests are handled by Apple or Google under their policies. Beyond the above, any refund is at Novi's sole discretion.

10. Account Termination

You may delete your account at any time in Settings; deletion is described in the Privacy Policy. We may suspend or terminate your account if you violate these Terms, if required by law, or if we discontinue the Services. If your account is terminated for a violation of these Terms, you are not entitled to a refund of any unused purchase, except where the law requires one.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NOVI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT ANY DEFECT WILL BE CORRECTED, OR THAT YOU WILL MEET ANYONE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NOVI WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, GOODWILL, OR PROFITS, ARISING FROM YOUR USE OF THE SERVICES OR YOUR INTERACTIONS WITH OTHER MEMBERS, WHETHER ONLINE OR OFFLINE. TO THE FULLEST EXTENT PERMITTED BY LAW, NOVI'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID NOVI IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE OR (B) ONE HUNDRED US DOLLARS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Indemnity

You agree to indemnify and hold Novi harmless from claims, losses, and expenses (including reasonable attorneys' fees) arising from your content, your use of the Services, your conduct toward other members, or your violation of these Terms or any law, to the extent such claims result from your acts or omissions.

14. Dispute Resolution; Arbitration; Class Waiver

Please read this section carefully. It affects your legal rights.

Informal resolution first. Before filing any claim, you and Novi each agree to try to resolve the dispute informally: send a written description of the dispute to support@novidate.com, and allow 60 days for resolution before any formal proceeding.

Individual arbitration. Except for disputes that qualify for small claims court and except as stated in "Sexual assault and sexual harassment claims" below, any dispute between you and Novi arising from these Terms or the Services will be resolved by BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration will be held in Atlanta, Georgia, or conducted remotely at your election.

Sexual assault and sexual harassment claims. Federal law (9 U.S.C. §§ 401-402) gives you the right to bring a claim relating to sexual assault or sexual harassment in court instead of arbitration, and to participate in a joint or class action for such a claim, even though this section otherwise requires individual arbitration. That right is yours to choose. Nothing in this section waives it, and this paragraph controls over anything else in this section that conflicts with it.

Class action and jury waiver. YOU AND NOVI EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. Claims may be brought only on an individual basis.

Opt-out. You may opt out of this arbitration agreement by emailing support@novidate.com within 30 days of first accepting these Terms, stating your name, the phone number on your account, and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

15. Governing Law and Venue

These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-law rules. Any claim not subject to arbitration must be brought in the state or federal courts located in Fulton County, Georgia, and you consent to their jurisdiction.

16. Copyright Complaints (DMCA)

Novi responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act ("DMCA"). We have registered a designated agent with the United States Copyright Office.

Designated Copyright Agent
Copyright Agent
Novi Connections Inc.
8735 Dunwoody Place, Ste R
Atlanta, Georgia 30350
dmca@novidate.com
470-440-0653

Sending a notice. If you believe content on the Services infringes a copyright you own or are authorized to act for, send a written notice to the agent above that includes:

  1. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  2. identification of the copyrighted work claimed to have been infringed;
  3. identification of the material claimed to be infringing and information reasonably sufficient to let us locate it;
  4. your address, telephone number, and email address;
  5. a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Notices that do not substantially include these elements may not be effective. Knowingly making a material misrepresentation that content is infringing may make you liable for damages, including costs and attorneys' fees, under 17 U.S.C. § 512(f).

Counter-notification. If your content was removed and you believe the removal was a mistake or a misidentification, you may send a counter-notification to the agent above containing: your signature; identification of the removed material and where it appeared; a statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification; and your name, address, and telephone number, together with a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which Novi may be found) and that you will accept service of process from the person who filed the original notice. We may restore the material as permitted by law.

Repeat infringers. We terminate, in appropriate circumstances, the accounts of members who are repeat infringers.

17. Google Maps Features

Parts of the Services use Google Maps features and content, including Google Places (for example, the city field on our waitlist form). By using those features, you agree to be bound by Google's Terms of Service (https://policies.google.com/terms), including the Google Maps/Google Earth Additional Terms of Service (https://maps.google.com/help/terms_maps/), and you acknowledge Google's Privacy Policy (https://policies.google.com/privacy), which describes how Google handles information collected when those features are used.

18. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the Services before the changes take effect, and your continued use after the effective date constitutes acceptance. Material changes to Section 14 will not apply retroactively to disputes that arose before the change.

19. Miscellaneous

If any provision of these Terms is found unenforceable, the rest remain in effect. These Terms, with the policies they incorporate, are the entire agreement between you and Novi regarding the Services. Our failure to enforce a provision is not a waiver of it. You may not transfer your rights under these Terms; we may assign ours in connection with a merger, acquisition, or sale of assets, consistent with the Privacy Policy.

20. Contact

Novi Connections Inc.
support@novidate.com