AGREEMENT TO OUR LEGAL TERMS
We are Novelio Story Works, LLC, doing business as Novelio, a company registered in Arizona, United States at 1045 E Mckellips Rd. Suite 3, Mesa, AZ 85203. These Legal Terms form a binding agreement between you and us about your use of the Services.
We operate the website novelio.app, the Novelio mobile application, and other related products and services that refer or link to these Legal Terms.
By accessing the Services, you agree to be bound by these Legal Terms. If you do not agree, you must discontinue use immediately.
Updates to our legal terms will appear in the notifications menu of your user account.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
OUR SERVICES
The Services are not intended for use where that use would violate applicable law or subject us to extra registration or compliance requirements. The Services are not tailored to industry-specific rules such as HIPAA, FISMA, or GLBA.
INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, trademarks, service marks, and logos.
The Content and Marks are provided "AS IS" for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of Content you properly access.
Except as set out in these Terms, no part of the Services or Content may be copied, republished, uploaded, distributed, sold, licensed, or exploited for any commercial purpose without prior written permission.
Your submissions and contributions
By sending us feedback, suggestions, or other information, you agree that we may use it freely. If you post Contributions, you grant us a broad license to use them in connection with the Services.
Copyright infringement
If you believe material on the Services infringes your copyright, please refer to the DMCA notice and policy.
USER REPRESENTATIONS
You represent that your registration information is true, accurate, current, and complete; that you have the legal capacity to agree to these Terms; that you are not a minor in your jurisdiction; that you will not access the Services through automated or non-human means; that you will not use the Services for any illegal or unauthorized purpose; and that your use of the Services will comply with law.
If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse current or future use of the Services.
USER REGISTRATION
You may be required to register to use the Services. Keep your password confidential, and you are responsible for all use of your account.
PURCHASES AND PAYMENT
We accept Visa, Mastercard, American Express, Discover, and Stripe. You agree to provide current, complete, and accurate purchase information. Prices may change, sales tax may apply, and payments are in US dollars.
SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge until you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribe to the Services.
Free Tier
New users begin on our free tier when they register for the Services. No paid subscription is created unless you choose a paid plan and complete checkout. Free-tier limits apply until you upgrade.
Cancellation
All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term, after which your account will move to the free tier and free-tier limits will apply. If you have any questions or are unsatisfied with our Services, please email us at admin@novelio.app.
Fee Changes
We may, from time to time, make changes to subscription fees and will communicate any price changes to you in accordance with applicable law.
SOFTWARE
Any software we provide is licensed, not sold, and is provided as-is without warranty to the fullest extent permitted by law.
PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than those we make available.
- Systematically retrieve data to create a database or directory without permission
- Trick, defraud, or mislead us or other users
- Interfere with security-related features or content restrictions
- Upload viruses, spam, or harmful material
- Use automated tools to scrape or gather data
USER GENERATED CONTRIBUTIONS
If the Services allow you to post, upload, or transmit content, you are responsible for that content and for complying with these Terms and applicable law.
CONTRIBUTION LICENSE
By posting Contributions, you grant us a worldwide, royalty-free, transferable license to use, host, reproduce, modify, display, and distribute them for any lawful purpose connected to the Services.
REVIEWS
If you submit reviews or ratings, they must be honest, lawful, and not misleading. We may remove or moderate reviews where appropriate.
MOBILE APPLICATION LICENSE
We grant you a limited, non-exclusive, revocable, non-transferable license to install and use our mobile app on devices you control.
THIRD-PARTY WEBSITES AND CONTENT
We are not responsible for third-party websites, services, or content that may be linked from the Services.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to monitor the Services for violations of these Legal Terms, take appropriate legal action, restrict or disable access to Contributions, remove excessive or burdensome files or content, and otherwise manage the Services in a manner designed to protect our rights and property and facilitate proper operation.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://novelio.app/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States, and through your continued use of the Services you consent to have your data transferred to and processed in the United States.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that material available on or through the Services infringes your copyright, please notify our Designated Copyright Agent using the contact information below. A copy of your notification will be sent to the person who posted or stored the material addressed in the notification. Please be advised that under federal law you may be held liable for damages if you make material misrepresentations in a notification, so if you are not sure whether material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
A valid notice should meet the requirements of DMCA 17 U.S.C. 512(c)(3), including your physical or electronic signature, identification of the copyrighted work and allegedly infringing material, contact information, a good-faith statement, and a statement under penalty of perjury that the information is accurate and you are authorized to act.
Counter Notification
If you believe your copyrighted material was removed because of mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent. A valid counter notification must identify the removed material and where it appeared, consent to the applicable federal court jurisdiction, accept service of process from the party that filed the notification, include your contact information, include a statement under penalty of perjury, and include your physical or electronic signature.
If you send us a valid written counter notification meeting these requirements, we will restore the removed or disabled material unless we first receive notice from the party filing the notification that they have filed a court action to restrain you from engaging in infringing activity related to the material. If you materially misrepresent that disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys' fees. Filing a false counter notification constitutes perjury.
Designated Copyright Agent
Kevin W Hawkes, IPTechLaw
Attn: Copyright Agent
8350 E Raintree Drive, Ste 245
Scottsdale, AZ 85260
United States
TERM AND TERMINATION
These Legal Terms remain in full force and effect while you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services, including blocking certain IP addresses, to any person for any reason or for no reason, including for breach of any representation, warranty, or covenant in these Legal Terms or any applicable law or regulation. We may terminate your use or participation in the Services or delete your account and any content or information you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We may update, modify, or discontinue the Services at any time. We do not guarantee uninterrupted availability.
GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Arizona applicable to agreements made and to be entirely performed within the State of Arizona, without regard to conflict-of-law principles.
DISPUTE RESOLUTION
Informal negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms, the parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration, except for disputes expressly excluded below. Informal negotiations begin upon written notice from one party to the other.
Binding arbitration
If the parties are unable to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved by binding arbitration, except for disputes expressly excluded below. You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA Supplementary Procedures for Consumer Related Disputes, available at the AAA website.
Arbitration may be conducted in person, through submitted documents, by phone, or online. Except where otherwise required by AAA rules or applicable law, arbitration will take place in Maricopa County, Arizona. The parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the arbitrator's award.
If a dispute proceeds in court rather than arbitration, it must be commenced or prosecuted in the state and federal courts located in Maricopa County, Arizona, and the parties consent to venue and jurisdiction in those courts. No dispute related to the Services may be commenced more than one (1) year after the cause of action arose, unless this limitation is found illegal or unenforceable.
Restrictions
Any arbitration will be limited to the dispute between the parties individually. To the fullest extent permitted by law, no arbitration will be joined with another proceeding, no dispute will be arbitrated on a class-action basis or use class-action procedures, and no dispute will be brought in a representative capacity on behalf of the general public or other persons.
Exceptions to informal negotiations and arbitration
The following disputes are not subject to the informal negotiation and binding arbitration provisions: disputes seeking to enforce or protect, or concerning the validity of, intellectual property rights; disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and claims for injunctive relief. If this exception is found illegal or unenforceable, the affected dispute will be decided by a court of competent jurisdiction within the courts listed above.
CORRECTIONS
We may correct inaccuracies, errors, or omissions in the Services at any time without notice.
DISCLAIMER
The Services are provided as-is and as available, without warranties of any kind to the fullest extent permitted by law.
LIMITATIONS OF LIABILITY
To the fullest extent permitted by law, we are not liable for direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.
Our liability to you for any cause and regardless of the form of action will at all times be limited to the amount paid, if any, by you to us during the six (6) month period before the cause of action arose. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.
INDEMNIFICATION
You agree to indemnify and hold us harmless from claims arising out of your use of the Services or your violation of these Terms.
USER DATA
We will maintain certain data that you transmit to the Services for managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to activity you have undertaken using the Services. You agree that we have no liability to you for loss or corruption of such data, and you waive any right of action against us arising from such loss or corruption.
You can request a data backup through your account settings.
You can request account deletion from the authenticated web app by opening Settings > Account > Delete Account. After you review what will be deleted, re-enter your account email, and confirm the 16-digit email code, deletion is scheduled to begin 14 days later and can be canceled during that waiting period. We may retain limited billing, vendor, compliance, fraud prevention, security, support, referral payout, operational log, and audit records where required or permitted.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By using the Services, you consent to receiving electronic communications from us and agree that electronic signatures and records satisfy legal requirements where permitted by law.
CALIFORNIA USERS AND RESIDENTS
California residents may have additional rights under state law, and we will honor those rights as required.
MISCELLANEOUS
These Terms constitute the entire agreement between you and us regarding the Services, and if any provision is unenforceable, the rest remains in effect.
COMMUNITY GUIDELINES
Though many uploads, comments, and inputs remain private, some users may collaborate with other writers. Be respectful of each other's work. Collaborative work within Novelio workspaces may be joint creativity and co-owned intellectual property unless a written discussion of IP rights has been made between those users or specific files, details, and work can be digitally traced to specific users.
Be respectful in Novelio social media communities and public areas. Disrespectful, hateful, or otherwise harmful behavior may result in removal from that community and potentially removal of your Novelio account. If future portfolio-sharing features become available, make sure your portfolio contains your intellectual property only, avoids nudity or alarmingly graphic violence, and does not violate another person's privacy rights or any law.
CONSEQUENCES OF BREACHING THE LEGAL TERMS
Disregard or violation of these Legal Terms may result in removal of your account from Novelio, removal or blockage of your social media presence on our pages or channels, and, if necessary, possible legal action.
REMOVAL OF USER-GENERATED CONTRIBUTION
Novelio reserves the right to remove any user uploads, input, or other user-generated contributions if those contributions violate laws or our community guidelines.
CONTACT
Questions about these Terms can be sent to admin@novelio.app.
Novelio Story Works, LLC
1045 E Mckellips Rd. Suite 3
Mesa, AZ 85203
United States
Phone: 1 (602) 932-9937
admin@novelio.app
SOCIAL MEDIA
If you connect social media accounts, we may receive profile information from those services in accordance with their settings and terms.