Last updated December 2016
- License for use of the Services
Novalogy, Inc. grants you, the user of the Services, a limited, non-exclusive, non-transferrable, non-sublicensable, revocable license to access the Services (the “License”) in the manner expressly permitted and not prohibited by Novalogy, Inc.. The License does not convey any interest in or to the Services, information, data or materials available via the Services, or in or to any other Novalogy, Inc. property.
The License grants you the right to access the Services for your personal, non-commercial use as described in the paragraphs below. You are not authorized to use the Services for any other purpose.
You may view, download for personal use, and print information made available by and through the Services provided that:
(a) you must not republish such material, or reproduce or store such material in any public or private electronic retrieval system, without express written consent from Novalogy, Inc.;
(b) you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Services for a commercial purpose, without express written consent from Novalogy, Inc.;
(c) you must not edit or otherwise modify any material made available by or through the Services, without express written consent from Novalogy, Inc..
(d) If you do download or otherwise reproduce the materials generated by or made available through the Services for your personal use in a manner consistent with the License, you must reproduce all proprietary markings, such as copyright and trademark notices, in the same form and manner as the original.
- Certain Restrictions
You may not modify or copy the Services or any portion or parts of the Services, decompile, disassemble, or derive source code from the Services.
In addition, you may not use or access the Services in any manner that constitutes a violation of any federal, state or local law, regulation or rule.
Except as expressly permitted by these terms and conditions, you are not permitted to edit or otherwise modify any material on the Novalogy, Inc. website or provided by or through Services.
Unless you are the primary owner of material published, excerpted, linked to, or otherwise made accessible by Novalogy, Inc., you may not republish, sell, sub-license, or otherwise redistribute Novalogy, Inc. content.
As a user of the Services, or any of them, you are likewise prohibited from accessing or using the Services in any way that causes, or may cause, damage to the Novalogy, Inc. website or impairment of the performance, availability or accessibility of the website. You are prohibited from using the Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. As a user of the Services, or any of them, you are prohibited from copying, storing, hosting, transmitting, sending, publishing or distributing any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
Users of the Services are prohibited from conducting any systematic or automated data collection activities including scraping, data mining and data harvesting on or related to the Services without express written consent from Novalogy, Inc.. Access to the Services by or through any robot, spider or other automated means, with the sole exception of automated access for the purpose of search engine indexing, is prohibited without express written consent from Novalogy, Inc..
- Necessary Equipment and Software
You must provide all equipment and software necessary to connect to the Services. You are solely responsible for any fees, including Internet connection or mobile fees that you may incur when accessing the Services.
- Intellectual Property
The Services and Products and their original content, features and functionality are and will remain the exclusive property of Novalogy, Inc. and its licensors. The Services and Products are protected by intellectual property laws of the United States. Novalogy, Inc.’s trademarks, trade dress, and/or copyrighted materials may not be used without the prior written consent of Novalogy, Inc..
- Purchase of Products
In order to purchase the Products, you will be prompted to pay with a valid credit card or other payment method.
You agree that Novalogy, Inc. has permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms Novalogy, Inc. retains in the future) your submitted payment information in order to process your purchase. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates.
- Limitations of Liability
This section applies to the services and to any Products sold or offered for sale through its Services.
To the extent permitted under law, Novalogy, Inc. disclaims all implied warranties and representations (e.g., warranties of merchantability, fitness for a particular purpose, and accuracy of data and/or information made available by or through the Services or Products). Novalogy, Inc. does not guarantee that the Services and/or Products provided, sold or offered through the Services will function without interruption or errors. All content of the Services and all Products are distributed, sold and/or made available on an "as is" basis.
To the extent permitted under law, Novalogy, Inc. shall not be liable to the user or others for any direct, indirect, incidental, special, consequential, punitive damages, or lost profits, or for any loss of data related to the Services offered by Novalogy, Inc., and/or from the use of any Services, information, data or Products sold or made available through any Services. Novalogy, Inc. likewise shall not be liable to the user for any damages that result directly or indirectly from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized uses of the Services. Novalogy, Inc. likewise shall not be liable to the user for any damages that result directly or indirectly from use of any Product offered, sold or made available through the Services.
Novalogy, Inc. does not warrant that any of the data or files available for access or downloading through the Services will be free of viruses or similar contamination or destructive features. The user expressly agrees that the entire risk as to the quality and performance of the Products and the accuracy or completeness of the content distributed through the Services is assumed solely by you, the user.
This section applies to use of the services and to any Products sold or offered for sale through its Services.
Novalogy, Inc. reserves the right to seek all remedies available at law and in equity for violations of these Terms by you and/or anyone acting on your behalf, including, without limitation, injunctive relief, petitions for restraining orders, the right to block access to the Services and/or to terminate any further use of the Services by you and/or anyone acting on your behalf.
If Novalogy, Inc. takes any action to enforce these terms, Novalogy, Inc. will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and costs, in addition to any other relief, at law or in equity, to which such parties may be entitled.
If you violate any of the terms and your account is terminated as a result, you are prohibited from registering another account or otherwise accessing the Services.
This section applies to use of the services and to any Products sold or offered for sale through its Services.
You agree to defend, indemnify and hold harmless Novalogy, Inc., its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services and/or Products, or b) a breach of these Terms.
- Amendments to the Terms
Novalogy, Inc. reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, Novalogy, Inc. will provide at least 14 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
- Dispute Resolution
The laws of the State of California, U.S.A. shall exclusively govern any dispute relating to this Agreement and/or the Services or Products. Any claims arising out of the use the Services can only be litigated in the federal or state courts of California, USA, and you agree to personal jurisdiction in those courts by using the Services.
- Severability and Entire Agreement
If a court with authority over this Agreement finds any part of it not enforceable, the parties to this Agreement agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do so, the parties will request that the court remove the unenforceable provision, and enforce the remainder of the Agreement. This Agreement is the entire agreement between you and Novalogy, Inc..
Any Waiver of any part or provision of these Terms will not constitute or be deemed a waiver of any other part or provision of these Terms.
- Contact Information
If you have any questions or complaints regarding the Services, or if you believe you have any claim arising under or in connection with these terms, you agree to contact Novalogy, Inc. at: firstname.lastname@example.org. Alternatively, you may contact us by mail at: 92 Aspen Lane, Stamford, CT 06903.
- Collection of Information
Novalogy, Inc. may collect identifying information, including names, year of birth, and other information provided to Novalogy, Inc. by you. The information provided to Novalogy, Inc. by you, the user, is used to facilitate your chosen use of the Services and to improve the Services and adapt such Products to better suit the needs of users. Such information will not be sold, licensed, distributed or otherwise provided to third-parties without your express written consent, except to process payment information.
Novalogy, Inc. may collect non-identifying information from you. Such information on its own, cannot be directly associated with you or used to identify you. Such information is gathered for use in analytics in order to identify patterns and trends in usage in order to improve the Services.
Novalogy, Inc. may gather such non-identifying information that your web browser, depending on its settings, may make available. That information includes your Internet Protocol (IP) address, operating system and browser type, and the locations of the web pages you view right before arriving at, while navigating and immediately after leaving the Services.
The AYO App uses Crashlytics to log app crashes. All crashes and related data are reported automatically and anonymously to the server in order to improve the AYO app.
- Commitment to Data Security
Information that identifies or is otherwise personal to users will be stored on Novalogy, Inc.’s secure servers. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information.