These Terms and Conditions (“Terms”) govern the placing of pre-orders and any other types of orders ("Pre-Order") with Nova Software LLC (“we”, “ us”, or “Nova Software LLC”) for our NOVA AI-Driven Bot or any of our other products ("Products"). Please read these Terms carefully before submitting your Pre-Order of any Nova Software LLC Products. By submitting your Pre-Order, you agree to be legally bound by these terms.
1. Pre-Order Reservation
When placing a Pre-Order for Nova Software LLC Products, you will be required to provide certain information, such as your email address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Nova Software LLC shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact information. You acknowledge and agree that Nova Software LLC may decline or delay reservations as it deems appropriate.
You will be charged the full Price of the Products at the time of placing the Pre-Order. Your placing of a preorder constitutes your express agreement to Nova Software LLC of charging the full Price of the Products at such time.
3. Delivery Schedule
Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Nova Software LLC does not represent or warrant that it will be able to deliver the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, Nova Software LLC is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical updates with respect to such delivery schedule.
Nova Software LLC may cancel this reservation by terminating the Pre-Order at any time for any or no reason prior to our notice to you that your Product is ready for delivery.
5. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL Nova Software LLC BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT Nova Software LLC IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT.
6. Terms and Conditions of Sale
The purchase of the Products is subject to additional terms and conditions provided by Nova Software LLC, including in respect of any software included in the Products or intellectual property embodied in the Products or data collected by the Products. The current Terms and Conditions of Sale can be found in the footer of the checkout page and are subject to change without notice. Your purchase of the Product will be subject to these terms and conditions.
7. Customer Information
Any dispute arising under this Agreement shall be finally settled on an individual basis in accordance with the laws of the state of Florida, USA. The arbitration shall take place in Tampa, Florida USA, in the English language and the arbitral decision may be enforced in any court.
OUR SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, APPLICABILITY FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. WHEN YOU PURCHASE A KEY, PRE-RELEASE KEY, OR SOFTWARE FROM US, YOU AGREE THAT WE MIGHT AT OUR OWN DISCRETION, STOP BACK-END or FRONT-END SUPPORT FOR THE SOFTWARE IN THE FUTURE DUE TO LACK OF SUSTAINTABILITY ARISING FROM BUT NOT LIMITED TO LACK OF FUNDS, HARDSHIP, OR INABILITY TO CONTINUE DEVELOPING IT, AT WHICH POINT THE SOFTWARE WILL STOP FUNCTIONING.
Nova Software LLC DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY Nova Software LLC WHETHER BEFORE OR AFTER YOU HAVE PLACED THE PRE-ORDER. YOU UNDERSTAND AND AGREE THAT THE PRODUCT, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE PRODUCT THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENTLY FROM THE PROTOTYPE PRODUCT. Nova Software LLC does not guarantee that our Products will be effective in any way due to factors such as availability and volume of competing alternatives. Nova Software LLC does not guarantee that its solutions will be effective in any way due to factors such as: running environment, article availability and volume of competing demand.
10. Changes to the Terms
Nova Software LLC reserves the right to change any of the terms for any or no reason.