The NOVA(Verse) Terms of Service
Terms of Service — The NOVA(Verse) App
Effective Date:
February 27, 2026
Last Updated: February 27, 2026
1. Introduction and Acceptance
This
Terms of Service agreement ("Terms,"
"Agreement") is a binding
legal contract between you ("User,"
"you," or "your") and Nova Element Corp d/b/a
The NOVA(Verse) and/or NOVA and/or Flourish by NOVA ("Company," "we,"
"us," or "our") governing your use of our
mobile application ("App")
and related services ("Services").
By downloading this
app, you confirm that you have read, understood, and agree to be bound by these
Terms and our Privacy Policy.
You may not create an account or use the App without accepting these Terms. We
record your acceptance, including the date, time, and version of the Terms you
accepted.
These
Terms apply to all users of the App, including browsers, registered users,
content contributors, and community participants. The App is available only
within the United States.
2. User Accounts and Registration
To
access certain features of the App, including the community wall, quizzes,
assessments, newsletter signup, and personalized content, you may be asked to create
an account. You agree to provide accurate, current, and complete information
during registration and to update this information as needed.
If
you have created an account, you are responsible for maintaining the
confidentiality of your account credentials and for all activities that occur
under your account. You must notify us immediately at info@thenovaelement.com
of any unauthorized access or security breaches. The Company is not liable for
any loss or damage arising from your failure to maintain the security of your
account credentials.
You
must be at least eighteen (18) years old
to create an account and use the App. The App is not directed to children under
the age of 13, and no one under 13 may create an account or provide personal
information through the App. Users between 13 and 17 may use the App only with
verifiable parental or legal guardian consent. By creating an account, you
represent and warrant that you meet these age requirements and have the legal
capacity to enter into these Terms.
The
App provides community interaction features, including a community wall,
discussion groups, messaging capabilities, and user-generated content sharing.
These features are designed to foster connection and knowledge sharing among
users, which can a faith-based environment.
The App and all of its features are available
at no cost. Certain features — including the community wall, quizzes, wellness
assessments, and newsletter signup — require account registration. The App does
not currently offer subscriptions, premium tiers, or in-app purchases. If paid
features are introduced in the future, these Terms will be updated before such
features become available.
3.3 External Links and Affiliated
Sites
The
App contains links to websites operated by the Company and its affiliates,
including:
·
flourishbynova.com —
the Flourish by NOVA e-commerce store, where you may browse and purchase
dietary supplements and wellness products
·
thenovaelement.com —
the NOVA membership and content site
When
you follow these links, you leave the
App and your interactions become subject to the terms of service and
privacy policy of the destination website. Purchases made on flourishbynova.com are governed by the Flourish by
NOVA Terms and Conditions and Shipping & Returns Policy and are not covered
by these App Terms of Service. The Company is not responsible for any
transaction, dispute, or issue arising from your use of those external sites.
The
App may also contain links to third-party websites not operated by the Company.
We are not responsible for the content, terms, or privacy practices of any
external website.
3.4 Third-Party Service Integrations
Certain
App features are powered by third-party services:
·
Quizzes and assessments are embedded from Typeform (TYPEFORM SL). By completing a
quiz or assessment, you agree that your responses and associated technical data
(network identifier, browser type, device type) are processed by Typeform on
our behalf under a Data Processing Agreement.
·
Newsletter signup is managed through Klaviyo (Klaviyo, Inc.). By subscribing
to the newsletter, you agree that your name, email address, and engagement data
are processed by Klaviyo on our behalf. Newsletter content may include
communications from both NOVA and Flourish by NOVA.
·
Giveaways and sweepstakes may be administered through ViralSweep (AppHub LLC). Each promotion
will be governed by its own Official Rules, which will be made available at the
time of the promotion.
Each
third-party service operates under its own terms of service and privacy policy.
Our use of your data in connection with these services is described in our
Privacy Policy.
3.5 Giveaways, Sweepstakes, and
Promotions
From
time to time, the Company may offer giveaways, sweepstakes, contests, or other
promotional campaigns through the App or linked platforms. Each promotion will
be governed by separate Official Rules
that will be posted or linked at the time the promotion is announced.
Participation in any promotion is voluntary and subject to the applicable
Official Rules and all applicable laws. In the event of any conflict between
these Terms and the Official Rules of a specific promotion, the Official Rules
will control with respect to that promotion.
4.1 Content Ownership and License
You
retain ownership of content you create and submit through the App ("User Content"), including posts,
comments, images, prayer requests, and testimonies. By submitting User Content,
you grant the Company a non-exclusive, royalty-free license to use, reproduce,
modify, distribute, and display your content solely in connection with
operating and maintaining the App and its community features. This license
continues for the duration of your account and terminates within thirty (30)
days of account deletion, except as necessary for legal compliance or community
safety.
4.2 Community Content Visibility
When you post content on the community wall —
including text, images, comments, and prayer requests — that
content is visible to other registered users of the App. You should not share information
in community features that you wish to keep private. Your profile name and
profile image are visible to all registered users.
You
agree not to post, upload, or share content that:
·
Violates
any applicable laws or regulations
·
Infringes
on intellectual property rights of any third party
·
Contains
harassment, threats, or hate speech
·
Includes
explicit, sexually inappropriate, or offensive material
·
Promotes
illegal activities or harmful behavior
·
Contains
spam, malware, phishing, or deceptive content
·
Impersonates
another person or misrepresents your identity
·
Includes
personal or private information of another person without their consent
We
reserve the right to monitor, review, modify, or remove User Content that
violates these Terms, our Community Guidelines, or applicable law. We may use
both automated systems and human moderators to enforce our content policies.
The Company is not obligated to pre-screen User Content but may do so in its
sole discretion.
Users
can and are encouraged to report inappropriate content through the App's
reporting features. We will investigate reports and take appropriate action,
which may include removing content, issuing warnings, suspending accounts, or
permanently terminating accounts.
4.6 Platform
Status and Section 230 Notice
The
Company operates the App's community features as an interactive computer
service under 47 U.S.C. § 230. User Content is created and published by users,
not by the Company. The Company is not the publisher or speaker of any User
Content. The Company's decision to moderate, remove, or leave in place any User
Content does not make the Company the publisher or speaker of that content. You
acknowledge that the Company is not liable for User Content posted by other
users, and that your sole remedy for objectionable User Content is to report it
through the App's reporting features and/or block the offending user.
5. Community Guidelines and Conduct
You
agree to use the App in a respectful manner that contributes positively to our
community. This includes:
·
Treating
other users with respect, courtesy, and love
·
Contributing
meaningful and relevant content
·
Following
discussion topic guidelines
·
Respecting
others' privacy and personal information
·
Complying
with all applicable laws in connection with your use of the App
You
may not:
·
Harass,
bully, intimidate, or defame other users
·
Impersonate
others or create fake or duplicate accounts
·
Collect,
scrape, or harvest user information or personal data
·
Interfere
with App functionality, security, or infrastructure
·
Use
the App for commercial purposes, advertising, or solicitation without the
Company's prior written permission
·
Attempt
to reverse engineer, decompile, disassemble, or hack the App or its underlying
code
·
Infringe
upon any content, trademarks, or intellectual property owned by Nova Element
Corp d/b/a The NOVA(Verse) and/or Flourish by NOVA
·
Use
automated bots, scripts, or tools to access or interact with the App
·
Circumvent
or attempt to circumvent any security, access control, or rate-limiting feature
5.3 Zero-Tolerance Anti-Bullying
Policy
We
maintain a zero-tolerance policy for
bullying, harassment, and abuse of any kind. This includes but is not limited
to:
·
Coordinated harassment: Multiple users targeting an
individual
·
Persistent targeting: Repeated unwanted contact or
harassment
·
Intimidation and threats: Content designed to cause fear or
emotional distress
·
Exclusionary behavior: Deliberate attempts to isolate or
ostracize users
·
Cyberbullying: Any behavior that would constitute
bullying in offline settings
·
Online stalking:
Persistent, unwanted monitoring, following, or tracking of another user's
activity — including repeatedly viewing their profile, following their
participation across multiple groups or discussions, attempting to gather
personal information, or any pattern of behavior that would cause a reasonable
person to feel fear or substantial emotional distress
·
Users
can and are encouraged to report bullying through in-app reporting tools and by
contacting: info@thenovaelement.com
·
All
messages and interactions may be recorded and retained for investigation purposes
·
We
may use both automated detection and human review for enforcement
·
Violations
may result in warnings, temporary suspension, or permanent account termination
·
We
may cooperate with law enforcement when legally required or when necessary to
prevent imminent harm
·
Report
to info@thenovaelement.com
·
We
may implement additional safety features as the App continues to be developed
6. Intellectual Property Rights
All
content provided by Nova Element Corp d/b/a The NOVA(Verse), including text,
graphics, logos, images, audio, video, software, and other materials ("Company Content"), is the property
of the Company or licensed to the Company and is protected by copyright,
trademark, and other intellectual property laws. You may not reproduce,
distribute, modify, create derivative works of, publicly display, or
commercially exploit any Company Content without the Company's prior written
permission.
We
grant you a limited, non-exclusive, non-transferable, revocable license to
access and use the App for personal, non-commercial purposes in accordance with
these Terms. This license does not include the right to sublicense, sell,
resell, or commercially exploit the App or any Company Content. The Company may
revoke this license at any time for any reason.
6.3 Copyright Infringement and DMCA
Procedure
The
Company respects intellectual property rights and complies with the Digital
Millennium Copyright Act ("DMCA"),
17 U.S.C. § 512. If you believe that content posted on the App infringes your
copyright, you may submit a DMCA takedown notice to our Designated Agent
containing the following:
(a)
A physical or electronic signature of the copyright owner or a person
authorized to act on the owner's behalf;
(b) Identification of the copyrighted work claimed to be infringed;
(c) Identification of the infringing material and its location within the App,
with sufficient detail to allow us to locate it;
(d) Your contact information (name, address, telephone number, and email
address);
(e) A statement that you have a good-faith belief that the use of the material
is not authorized by the copyright owner, its agent, or the law;
(f) 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.
Designated Agent for
DMCA Notices:
Nova Element Corp
Attn: DMCA Agent
2870 Peachtree Rd. #886, Atlanta, GA 30305
Email: info@thenovaelement.com
Counter-Notice. If you believe your content was
removed by mistake or misidentification, you may submit a written
counter-notice to the Designated Agent containing: (a) your physical or
electronic signature; (b) identification of the removed content and its prior
location within the App; (c) a statement under penalty of perjury that you
believe the content was removed by mistake or misidentification; (d) your name,
address, and telephone number; and (e) a statement that you consent to the
jurisdiction of the federal court in the Northern District of Georgia and that
you will accept service of process from the party who submitted the original
takedown notice.
Repeat Infringers. The Company will terminate the
accounts of users who are determined to be repeat infringers of copyright.
7. Privacy and Data Protection
Your
privacy is important to us. Our collection, use, and protection of your
personal information is governed by our Privacy
Policy, which is incorporated by reference into these Terms. By using the
App, you consent to our data practices as described in the Privacy Policy.
The
Privacy Policy describes, among other things: the categories of personal
information we collect; how we use, share, and protect your information; your
privacy rights under applicable law (including the CCPA/CPRA); how we handle
sensitive personal information (including religious beliefs shared through
community features); and the third-party services that process data on our
behalf (including Typeform, Klaviyo, and ViralSweep).
8. Disclaimers and Limitations of
Liability
THE
APP AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE
UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
Information
provided through the App is for general informational, educational, and
inspirational purposes only and should not be considered professional advice of
any kind. Users should consult with appropriate licensed professionals before
making decisions based on the App's content.
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVA ELEMENT CORP D/B/A THE
NOVA(VERSE) AND ALL OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE
THE APP, INCLUDING BUT NOT LIMITED TO LOST PROFITS, INJURY OF ANY KIND, DATA
LOSS, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY
(CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL YOU BE
ENTITLED TO RECOVER PUNITIVE DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES,
SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES, MULTIPLIED DAMAGES, LOST PROFITS, OR
ATTORNEYS' FEES IN CONNECTION WITH ANY CLAIM AGAINST THE COMPANY ARISING FROM
THESE TERMS OR THE APP.
SOME JURISDICTIONS DO NOT ALLOW
CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO THE ABOVE MAY NOT FULLY
APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8.4 Third-Party Interactions
We
are not responsible for interactions between users that occur outside the App
or for content and services provided by third parties, including through
external links, Typeform quizzes, Klaviyo newsletters, or ViralSweep
promotions. Your use of third-party services is at your own risk and subject to
those services' own terms and policies.
8.5
Medical and Health Information Disclaimer — Not Medical Advice
IMPORTANT: The information, content, and
services provided through this App are for informational, educational, and
wellness purposes only and are not
intended as a substitute for professional medical advice, diagnosis, or
treatment. The Company and its representatives are not licensed medical
professionals, and nothing in this App should be construed as medical advice.
The
Food and Drug Administration has not evaluated any statements within this App
or its content. None of our products are intended to diagnose, treat, cure, or
prevent any disease.
8.6 No Doctor-Patient Relationship
Use
of this App does not create a doctor-patient relationship between you and Nova
Element Corp d/b/a The NOVA(Verse) and/or NOVA and/or Flourish by NOVA, or any
of its representatives. The wellness information, community discussions, and
content provided are general in nature and may not apply to your individual
health circumstances.
8.7 Consult Healthcare Professionals
Always
seek the advice of your physician or other qualified healthcare provider with
any questions you may have regarding a medical condition or before starting any
new wellness regimen, supplement program, or making changes to your current
health routine. Never disregard
professional medical advice or delay in seeking it because of something you
have read or learned through this App.
8.8 FDA Disclaimer for
Supplement-Related Content
Any statements made regarding dietary
supplements or wellness products — including any content related to Flourish by
NOVA products or other Nova Element Corp supplements — have not been evaluated
by the Food and Drug Administration. Products referenced in this App are not
intended to diagnose, treat, cure, or prevent any disease.
8.9 Health and Wellness Content
Limitations
·
Information
provided through community features, quizzes, and content is for general
wellness education and entertainment only
·
Individual
results may vary and are not guaranteed
·
Health-related
discussions in community groups represent personal experiences and opinions,
not medical advice
·
You
assume full responsibility for how you choose to use any information provided
through the App
If
you are experiencing a medical emergency, immediately
call 911 or your local emergency services or go to the nearest emergency
room. Do not rely on this App for emergency medical situations.
8.11 No Liability for In-Person
Meetings or Offline Interactions
The
Company is not responsible for any in-person meetings, gatherings, or offline
interactions that may result from introductions, connections, or communications
made through this App. This includes but is not limited to:
·
Safety,
security, or criminal activity at in-person meetings
·
Financial
harm or theft resulting from offline transactions or exchanges
·
Physical
injury, emotional distress, or property damage during meetups
·
Verification
of the identity, background, or intentions of other users you may meet
·
Arrangements,
agreements, or contracts made outside the App
You
meet other users at your own risk and are solely responsible for your personal
safety. We strongly recommend:
·
Meeting
in public places for initial meetings
·
Informing
trusted contacts of your plans and location
·
Trusting
your instincts about any concerning behavior
·
Conducting
your own verification and background research on individuals
By
using this App, you acknowledge that we do not screen users beyond basic
account verification and cannot guarantee the accuracy of user-provided
information or the safety of offline interactions.
8.12 Online Community Interactions
The
Company provides the community wall and group features as a venue for user
interaction but does not pre-screen all User Content and is not a party to
communications between users. You acknowledge that you may encounter content
from other users that you find offensive, objectionable, or inaccurate. The
Company is not liable for any User Content or for any loss, harm, or damage
arising from your interactions with other users within the App. You use the
community features at your own risk. If you have a dispute with another user,
you agree to release the Company from all claims, demands, and damages (actual
and consequential) of every kind and nature, known and unknown, arising out of
or in any way connected with such dispute.
California Residents — Waiver of Civil Code § 1542. If you are a California resident,
you hereby waive California Civil Code Section 1542, which provides: "A
general release does not extend to claims that the creditor or releasing party
does not know or suspect to exist in his or her favor at the time of executing
the release and that, if known by him or her, would have materially affected
his or her settlement with the debtor or released party." You understand
that this means you are releasing claims you may not yet know about, and you
accept that risk as part of using the App's community features. This waiver is
knowing, voluntary, and made with full understanding of its consequences.
9. Account Termination and Suspension
You
may delete your account at any time through the account settings within the App. Upon submitting an account
deletion request, the Company will delete or de-identify your personal information
within thirty (30) days, as described in our Privacy Policy.
Uninstalling the App
from your device does not delete your account or your data. You must submit a deletion request
through the App or by contacting us at info@thenovaelement.com.
You may also request account and data deletion via the web at:
https://thenovaelement.com/pages/contact-us
This
web-based deletion option is provided in accordance with Google Play Store
requirements.
We
may suspend or terminate your account at our sole discretion if:
·
You
violate these Terms, our Community Guidelines, or applicable law
·
You engage in prohibited conduct as described
in §§ 4.3 or 5.2
·
Your
account is used for fraudulent, abusive, or illegal purposes
·
We
determine termination is necessary to protect the safety or security of other
users
·
We
discontinue the App or any material portion of the Services
We
will make reasonable efforts to notify you of termination via the email address
associated with your account, except where immediate termination is necessary
for safety or legal reasons. Upon termination, your right to use the App ceases
immediately.
Following account termination — whether by you
or by us — we will delete or de-identify your personal information within
thirty (30) days, subject to the data retention periods described in our
Privacy Policy. Some information may be retained for legal compliance, dispute
resolution, or community safety purposes as permitted by applicable law.
If
you download the App from a third-party app store (such as the Apple App Store
or Google Play Store), you acknowledge and agree that:
·
These
Terms are between you and Nova Element Corp d/b/a The NOVA(Verse), not the app
store provider
·
The
app store provider has no obligation to furnish any maintenance or support
services with respect to the App
·
In
the event of any failure of the App to conform to any applicable warranty, you
may notify the app store provider, and the app store provider may refund the
purchase price (if any) for the App; to the maximum extent permitted by
applicable law, the app store provider has no other warranty obligation with
respect to the App
·
The
app store provider is not responsible for addressing any claims by you or any
third party relating to the App
·
The
app store provider is a third-party beneficiary of these Terms and may enforce
them against you
The
App does not currently offer in-app purchases, subscriptions, or premium tiers.
If such features are introduced in the future, these Terms will be updated and
you will be required to accept the updated Terms before accessing paid
features.
11. Faith-Based Content and Religious
Expression
This
App is developed and operated from a Christian
faith perspective. Our content, community discussions, and overall approach
reflect Biblical principles and a Christian worldview. By using this App, you
acknowledge and accept its faith-based nature. We welcome users of all faiths,
beliefs, and non-beliefs.
11.2 Religious Freedom Protection
We
respect the constitutional right to religious freedom and expression. This App
is designed specifically for those seeking faith-based community and content.
We reserve the right to moderate content that conflicts with our stated
Christian mission and values, consistent with our rights under the First
Amendment to the United States Constitution.
11.3 Inclusive Community Standards
While
our App operates from a Christian perspective:
·
We
welcome users seeking to learn about or explore faith
·
We
prohibit harassment or discrimination based on where someone is in their faith
journey
·
Respectful
dialogue and questions about faith are encouraged
·
We
do not tolerate hate speech targeting individuals based on their background,
while maintaining our right to uphold Christ-based teachings
11.4 Content Standards for
Faith-Based Discussions
·
Religious
discussions should reflect Christ-like love and respect
·
Users
may share personal testimonies and faith experiences
·
We
may remove content that promotes teachings contrary to Christ-following
principles
·
Proselytizing
by other faiths is not permitted, as this is specifically a Christian community
platform
11.5 Protection Against
Discrimination Claims
This
App operates as a faith-based platform with a specific religious mission. Our
content curation, community standards, and operational decisions are
expressions of our religious beliefs protected under the First Amendment to the
United States Constitution. We do not discriminate based on protected
characteristics, but we maintain our right to operate in accordance with our
sincere religious convictions and to require that content shared within our
community be consistent with our stated Christian mission.
We
are committed to making our App accessible to users with disabilities. We
strive to comply with applicable accessibility standards, including the Web
Content Accessibility Guidelines (WCAG) 2.1 Level AA, to the extent practicable
for mobile applications. If you encounter accessibility barriers while using
our App, please contact us at info@thenovaelement.com so we can work to address the
issue.
13. Export Control and Sanctions
The
App is available only within the United States. You represent that you are not
located in, and are not a national or resident of, any country subject to U.S.
trade sanctions, and that you are not on any U.S. government prohibited-parties
list (including OFAC's Specially Designated Nationals List). You agree not to
access or use the App in violation of any applicable export control laws or
regulations.
We
may periodically update the App to improve functionality, fix bugs, add new
features, or address security issues. You may need to download updates to
continue using the App effectively. Certain updates may be required for
continued access to the Services.
We
may modify these Terms at any time. For material
changes, we will provide at least thirty
(30) days' advance notice through the App, by email to the address
associated with your account, or by other conspicuous means before the changes
take effect. For material changes, we may require you to re-accept the updated
Terms through a click-through prompt before continuing to use the App. If you
do not agree to the modified Terms, you must stop using the App and delete your
account. Your continued use of the App after the effective date of non-material
changes constitutes acceptance of the modified Terms.
15. Governing Law and Dispute
Resolution
These
Terms are governed by the laws of the State of Georgia, United States, without
regard to conflict-of-law principles.
15.2 Informal Resolution and Binding Arbitration
PLEASE READ THIS
SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE
A LAWSUIT IN COURT.
Informal Resolution First. Before initiating any formal
proceeding, you agree to contact us at info@thenovaelement.com and provide a written
description of the dispute, all relevant documents and information, and the specific
relief sought. The parties shall attempt in good faith to resolve the dispute
informally within sixty (60) days of receipt of the written notice.
Any
dispute, claim, or controversy arising out of or relating to these Terms, the
App, or the Services ("Dispute")
shall be resolved exclusively through final
and binding individual arbitration administered by the American Arbitration
Association ("AAA") under
its Consumer Arbitration Rules then in effect, rather than in court. The
arbitration shall take place in Atlanta, Georgia, or, at your election, may be
conducted by telephone, video conference, or based on written submissions. The
arbitrator shall have exclusive authority to resolve any Dispute relating to
the interpretation, applicability, enforceability, or formation of this
arbitration agreement, including any claim that all or any part of this
agreement is void or voidable.
This
arbitration provision applies to all Disputes, whether arising before, on, or
after the date you first accepted these Terms, including Disputes based on
conduct, acts, or omissions that occurred prior to your acceptance. By
accepting these Terms, you agree to arbitrate all such past, present, and
future Disputes on an individual basis.
15.3 Class Action and Jury Trial
Waiver
YOU AND THE COMPANY
EACH WAIVE THE RIGHT TO A JURY TRIAL. YOU AND THE COMPANY EACH WAIVE THE RIGHT
TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE
PROCEEDING. Unless
both you and the Company agree otherwise in writing, the arbitrator may not
consolidate or join more than one person's or party's claims and may not
preside over any form of consolidated, representative, or class proceeding.
You
further covenant and agree not to serve as a plaintiff, class representative,
or class member in any purported class action, collective action, private
attorney general action, or representative proceeding against the Company
arising out of or relating to these Terms or the App. This covenant constitutes
an independent contractual agreement between you and the Company and is
severable from the arbitration provision in § 15.2. This covenant shall remain
enforceable even if any portion of § 15.2 is found to be invalid or
unenforceable.
Notwithstanding
the foregoing, either party may bring an individual action in small claims
court in Fulton County, Georgia (or the county in which you reside), provided
the claim falls within that court's jurisdictional limits and remains on an
individual (non-class, non-representative) basis.
If
you initiate arbitration, you will be responsible for paying the AAA's consumer
filing fee (currently $225 for claims under $75,000). If the arbitrator
determines that your claim is frivolous or brought for an improper purpose, the
arbitrator may reallocate fees as permitted by the AAA Consumer Arbitration
Rules and applicable law.
You
may opt out of this arbitration provision by sending written notice to info@thenovaelement.com
within thirty (30) days of first
accepting these Terms. Your opt-out notice must include your full name, email
address associated with your account, and a clear statement that you wish to
opt out of arbitration. If you opt out, Disputes will be resolved exclusively
in the state or federal courts located in Fulton County, Georgia, and you
consent to personal jurisdiction in those courts.
15.7 Limitations
Period.
Any
Dispute arising out of or relating to these Terms, the App, or the Services
must be commenced within one (1) year after the date the cause of action first
arises. Any Dispute commenced after this one-year period is permanently barred.
This limitations period applies regardless of whether the Dispute is resolved
through arbitration under § 15.2, small claims court under § 15.4, or (if
arbitration is validly opted out of under § 15.6) litigation. This provision
does not apply to claims that, by applicable law, cannot be subject to a
contractual limitations period.
You
agree to indemnify, defend, and hold harmless Nova Element Corp d/b/a The
NOVA(Verse), its officers, directors, employees, affiliates, agents, and
representatives from and against any and all claims, demands, lawsuits,
damages, losses, costs, and expenses (including reasonable attorneys' fees)
arising from or relating to:
·
Your
use or misuse of the App
·
Your
violation of these Terms, Community Guidelines, or applicable laws
·
Your
User Content or any content you submit through the App
·
Your
interactions with other users, whether online or offline
·
Any
breach of your representations and warranties in these Terms
·
Your
participation in any giveaway, sweepstakes, or promotion offered through the
App
This
indemnification obligation will survive termination of these Terms and your use
of the App.
If
any provision of these Terms is found by a court or arbitrator of competent
jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions
will continue in full force and effect. The invalid provision will be modified
to the minimum extent necessary to make it valid and enforceable while
preserving the parties' original intent.
These
Terms, together with our Privacy Policy and any applicable Official Rules for
promotions, constitute the entire agreement between you and Nova Element Corp
regarding the App and Services and supersede all prior or contemporaneous
agreements, representations, and understandings.
You
may not assign or transfer your rights or obligations under these Terms without
the Company's prior written consent. The Company may assign its rights and
obligations under these Terms without restriction, including in connection with
a merger, acquisition, sale of assets, or by operation of law.
17.4 Electronic Communications
By
using the App and creating an account, you consent to receive electronic
communications from the Company, including notices, agreements, disclosures,
and other communications that we provide electronically via the App, email, or
push notification. You agree that all such electronic communications satisfy
any legal requirement that such communications be in writing.
The
failure of the Company to enforce any right or provision of these Terms shall
not constitute a waiver of such right or provision. Any waiver must be in
writing and signed by the Company.
The following sections shall survive any
termination or expiration of these Terms: § 4.1 (Content Ownership and License
— to the extent of licenses granted), § 6 (Intellectual Property Rights), § 8
(Disclaimers and Limitations of Liability), § 15 (Governing Law and Dispute
Resolution), § 16 (Indemnification), § 17 (General Provisions), and § 18 (Force
Majeure).
17.7 No Assignment
of Claims.
You may not assign, delegate, sell, or
transfer any claim, right of action, cause of action, or right to receive
damages that you may have against the Company under these Terms to any third
party — including any litigation funding entity, claims aggregator, or attorney
— without the Company's prior written consent. Any purported assignment in
violation of this provision is void and of no force or effect.
Neither
party shall be liable for any failure or delay in performance under these Terms
due to circumstances beyond their reasonable control, including but not limited
to acts of God, natural disasters, war, terrorism, government actions,
pandemics, epidemics, internet or telecommunications failures, power outages,
cyberattacks, or other force majeure events.
In
such cases, the affected party will notify the other party promptly and use
reasonable efforts to mitigate the impact. If the force majeure event continues
for more than sixty (60) days, either party may terminate these Terms upon
written notice to the other party.
For
questions about these Terms of Service, please contact us at:
Email: info@thenovaelement.com
Address:
Nova Element Corp, 2870 Peachtree Rd. #886, Atlanta, GA 30305
Phone: 678-561-0496
These Terms of
Service were last reviewed and updated on February 27, 2026.