Legal
Terms & Conditions of Use
These Terms & Conditions of Use ("Terms") constitute a legally binding agreement between you ("you" or "User") and NOVA ViA, LLC ("Company", "we", "us", or "our"), governing your access to and use of the NOVA LiFE mobile application, website, and related services (collectively, the "Service"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
1. Eligibility and Account Registration
1.1 Age Requirement
You must be at least eighteen (18) years of age to create an account or use the Service. By using the Service, you represent and warrant that you are 18 or older and have the legal capacity to enter into a binding agreement.
1.2 Account Types
The Service may be accessed through one of the following account types:
- Consumer Subscription Account,direct consumer accounts purchased by you for personal recovery support.
- Provider-Sponsored Account,accounts provided to you through a treatment provider, employer, health plan, or other organization ("Sponsoring Organization") that has contracted with us.
1.3 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at admin@novalifeapp.com of any unauthorized use.
1.4 Accurate Information
You agree to provide accurate, current, and complete information during registration and to update such information as needed. Providing false information may result in suspension or termination of your account.
2. Nature of the Service
2.1 Wellness and Recovery Support, Not Medical Treatment
NOVA LiFE is designed to provide general recovery support, self-directed wellness tools, peer and informational resources, and, where applicable, facilitated access to licensed healthcare providers. Except where you are receiving care from a licensed provider through the telehealth features of the Service, NOVA LiFE does not provide medical advice, diagnosis, treatment, counseling, psychotherapy, or addiction treatment services.
2.2 AI-Powered Features
The Service includes artificial intelligence ("AI") chat and coaching features. You acknowledge and agree that:
- AI responses are generated algorithmically and are not reviewed in real time by a licensed clinician, therapist, physician, or counselor.
- AI features are not therapy, counseling, psychiatric care, medical advice, or a substitute for care from a qualified human professional.
- AI outputs may be inaccurate, incomplete, or inappropriate for your situation.
- AI features are not designed to detect or respond to medical or psychiatric emergencies. If you are in crisis, stop using the AI feature and seek emergency assistance.
2.3 Mood, Craving, and Sobriety Tracking
Tracking tools are self-report features intended to help you reflect on your recovery. They are not diagnostic tools. Data you enter is not monitored in real time by any clinician unless expressly stated within a specific feature you have activated with a licensed provider.
2.4 Telehealth Services
The Service may offer access to telehealth encounters with licensed healthcare providers ("Telehealth Providers"). Telehealth Providers are independent licensed professionals, not employees or agents of NOVA ViA, LLC. Telehealth is not appropriate for emergencies. The clinical relationship is between you and the Telehealth Provider.
2.5 No Guarantee of Outcomes
Recovery is an individual process. We make no representation, warranty, or guarantee that use of the Service will produce any particular outcome, including but not limited to sobriety, abstinence, reduced use, improved mental health, or prevention of relapse or overdose.
3. Privacy, HIPAA, and Sensitive Information
Our Privacy Policy is incorporated by reference into these Terms and describes how we collect, use, disclose, and protect your information. When the Service is provided to you through a Sponsoring Organization that is a HIPAA Covered Entity, NOVA ViA, LLC may act as a "Business Associate" under HIPAA.
You acknowledge that information you voluntarily share through the Service,including through AI chat, mood or craving logs, sobriety tracking, or telehealth sessions,may include highly sensitive information about substance use, mental health, medications, trauma, and personal relationships. You consent to our collection, use, and disclosure of such information as described in the Privacy Policy.
4. License and Acceptable Use
4.1 Limited License
Subject to your compliance with these Terms, NOVA ViA, LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial recovery and wellness purposes.
4.2 Prohibited Conduct
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law.
- Impersonate any person or entity or misrepresent your affiliation.
- Harass, threaten, stalk, defame, or harm any other user, Telehealth Provider, or employee.
- Share, solicit, distribute, or promote illegal drugs, controlled substances, or content that encourages relapse or self-harm.
- Introduce viruses, malware, or other harmful code into the Service.
- Reverse engineer, decompile, or disassemble the Service.
- Use any automated means to access the Service.
- Resell, rent, lease, sublicense, or otherwise commercially exploit the Service.
5. User Content
You retain ownership of your User Content,any information, text, entries, messages, recordings, images, or other materials you submit through the Service. You grant NOVA ViA, LLC a worldwide, royalty-free, non-exclusive license to host, store, process, and use your User Content solely as necessary to operate, maintain, and provide the Service to you. We do not sell your User Content and do not use it for third-party advertising.
6. Subscriptions and Payment
6.1 Consumer Subscriptions
Certain features of the Service are available only through a paid subscription. Subscription fees, billing intervals, and features are disclosed at the point of purchase. Subscriptions automatically renew at the end of each billing period unless canceled before the renewal date.
6.2 Refunds
Except as required by applicable law or expressly stated at purchase, Subscription fees are non-refundable. Refund requests from app store purchases are governed by the applicable app store's refund policy.
6.3 Changes to Pricing
We may modify subscription pricing with reasonable advance notice. Changes will not apply to the current billing period already paid.
7. Intellectual Property
The Service, including its software, content, design, text, graphics, logos, and trademarks, is owned by NOVA ViA, LLC or its licensors and is protected by U.S. and international intellectual property laws. "NOVA LiFE" and related marks are trademarks of NOVA ViA, LLC.
8. Third-Party Services and Links
The Service may contain links to or integrations with third-party websites, services, or resources, including crisis and recovery hotlines. NOVA ViA, LLC does not control and is not responsible for the content, policies, or practices of third parties.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION.
NOVA VIA, LLC MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL PREVENT RELAPSE, OVERDOSE, SUICIDE, SELF-HARM, OR ANY OTHER ADVERSE OUTCOME. YOUR RECOVERY REMAINS YOUR RESPONSIBILITY, IN PARTNERSHIP WITH YOUR QUALIFIED HEALTHCARE PROVIDERS.
AI-GENERATED CONTENT MAY BE INCORRECT, MISLEADING, OR HARMFUL. YOU USE AI FEATURES AT YOUR OWN RISK AND AGREE NOT TO RELY ON AI OUTPUTS FOR MEDICAL, LEGAL, FINANCIAL, OR OTHER IMPORTANT DECISIONS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVA VIA, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE.
IN NO EVENT SHALL NOVA VIA, LLC'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO NOVA VIA, LLC FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
11. Indemnification
You agree to defend, indemnify, and hold harmless NOVA ViA, LLC and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right; or (d) your User Content.
12. Suspension and Termination
You may terminate your account at any time through the account settings or by contacting us at admin@novalifeapp.com. We may suspend or terminate your access to the Service at any time for any reason, including violation of these Terms, conduct that threatens the safety of other users, or non-payment. Upon termination, your right to use the Service will cease immediately.
13. Dispute Resolution and Binding Arbitration
Before initiating any formal dispute, you agree to contact us at admin@novalifeapp.com and attempt to resolve the dispute informally for at least sixty (60) days. Except for claims that may be brought in small claims court, any dispute arising out of or relating to these Terms or the Service shall be resolved by final and binding arbitration.
Class Action Waiver: YOU AND NOVA VIA, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You may opt out of the arbitration agreement by sending written notice to admin@novalifeapp.com within thirty (30) days of first accepting these Terms. These Terms are governed by the laws of the State of Arizona, without regard to its conflict of laws principles.
14. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
15. General Provisions
These Terms, together with the Privacy Policy and any applicable telehealth consent or Business Associate Agreement, constitute the entire agreement between you and NOVA ViA, LLC regarding the Service. If any provision of these Terms is held to be unenforceable, the remaining provisions shall remain in full force and effect.
16. Contact Us
NOVA ViA, LLC
Attn: Legal Department
Email: admin@novalifeapp.com
Support: +1 602-429-9365