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Legal

NOVA LiFE Terms of Use

Effective Date: October 1, 2026  |  Last Updated: October 1, 2026

1. EMERGENCY DISCLAIMER

NOVA LIFE APP IS NOT A SUBSTITUTE FOR EMERGENCY SERVICES, MEDICAL TREATMENT, PSYCHIATRIC CARE, OR PROFESSIONAL ADDICTION TREATMENT. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, A MENTAL HEALTH CRISIS (INCLUDING OVERDOSE, SUICIDAL IDEATION, OR RISK OF RELAPSE WITH IMMINENT DANGER), OR ARE AN IMMEDIATE DANGER TO YOURSELF OR OTHERS, CALL 911 OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY. YOU MAY ALSO CALL OR TEXT 988 (SUICIDE & CRISIS LIFELINE) OR SAMHSA'S NATIONAL HELPLINE AT 1-800-662-HELP (4357). DO NOT RELY ON THE APP OR ANY OF ITS FEATURES, INCLUDING THE AI COMPANION, CRISIS HOTLINE INTEGRATION, OR PEER SUPPORT SERVICES, AS A SUBSTITUTE FOR EMERGENCY MEDICAL SERVICES.

THE AI COMPANION ("NOVA") IS NOT A LICENSED THERAPIST, COUNSELOR, PHYSICIAN, OR EMERGENCY RESPONDER. WHILE THE APP INCLUDES AN EMERGENCY MODULE WITH ONE-TAP ACCESS TO THE 988 SUICIDE & CRISIS LIFELINE AND 911, THESE FEATURES ARE NOT GUARANTEED TO BE AVAILABLE AT ALL TIMES AND ARE NOT A REPLACEMENT FOR CALLING 911 OR GOING TO YOUR NEAREST EMERGENCY ROOM. RELAPSE PREDICTION AND BIOMETRIC MONITORING FEATURES ARE INFORMATIONAL TOOLS ONLY AND DO NOT CONSTITUTE A CLINICAL DIAGNOSIS. THEY SHOULD NOT BE RELIED UPON AS THE SOLE BASIS FOR ANY MEDICAL OR TREATMENT DECISION.

2. Introduction and Agreement

Welcome to NOVA LiFE (the "App" or "Service"), a mobile application operated by NOVA LiFE App LLC ("Company," "we," "us," or "our"). NOVA LiFE is an AI-powered sobriety companion designed to support individuals in substance use disorder ("SUD") recovery.

These Terms of Use ("Terms" or "Agreement") constitute a legally binding contract between you ("User," "you," or "your") and the Company. By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (incorporated herein by reference), and any additional terms, policies, or guidelines that we may post within the App or on our website.

If you do not agree to these Terms, you must immediately cease all use of the App and delete it from your device.

These Terms apply to all Users of the App, including but not limited to Direct Consumers, Provider-Sponsored Users, and Clinician Mode Users (each as defined below).

Defined Terms:

  • "Direct Consumer" means an individual who downloads and subscribes to the App independently for personal use in SUD recovery support.
  • "Provider-Sponsored User" means an individual whose access to the App is facilitated, funded, or directed by a health care provider, treatment center, health plan, or other sponsoring organization.
  • "Clinician Mode User" means a licensed or credentialed health care provider, counselor, care coordinator, or other authorized clinical professional who accesses the App through the Clinician Mode portal to monitor patient progress, review biometric data, and coordinate care.
  • "Nova" means the AI-powered conversational companion within the App.

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least eighteen (18) years of age to create an account and use the App. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement. The App is not intended for use by minors, and we do not knowingly collect personal information from individuals under the age of 18.

3.2 Account Types

The App supports three distinct account types:

(a) Direct Consumer Account

Available to any eligible individual who downloads the App from an authorized app store and creates a personal account. Direct Consumer Users are responsible for their own subscription fees and agree to these Terms directly with the Company.

(b) Provider-Sponsored Account

Created when a health care provider, treatment center, or sponsoring organization enrolls you in the App as part of your treatment plan or recovery program. Your access may be subject to additional terms established by your sponsoring provider. In the event of a conflict between these Terms and any provider-specific terms, these Terms shall control unless expressly stated otherwise in a written agreement between the Company and the sponsoring provider.

(c) Clinician Mode Account

Available exclusively to licensed health care providers, credentialed counselors, and other authorized clinical professionals. Clinician Mode accounts require verification of professional credentials and are subject to additional professional-use terms set forth in Section 8. Clinician Mode Users access patient data only with appropriate authorization and in compliance with applicable law.

3.3 Account Registration

To create an account, you must provide accurate, current, and complete information as prompted by the registration process. You agree to maintain and promptly update your account information to keep it accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activity that occurs under your account. You agree to notify us immediately at admin@NovaLifeApp.com of any unauthorized use of your account or any other breach of security. We will not be liable for any loss arising from your failure to protect your account credentials.

3.4 Identity Verification

Certain features of the App, including but not limited to the Take-Home MAT Management module, require identity verification through facial recognition technology. By using these features, you consent to the collection and processing of your biometric data as described in Section 6 of these Terms and in our Privacy Policy.

3.5 One Account Per Person

Each User may maintain only one active account. Creating multiple accounts may result in suspension or termination of all associated accounts.

4. How the Service Works / Nature of the Service

NOVA LiFE is a comprehensive digital health platform designed to support individuals in substance use disorder recovery through a combination of AI-powered tools, biometric monitoring, peer support, and clinical integration. The App is intended to complement, not replace, professional treatment for substance use disorders.

4.1 Core Service Components

The Service includes the following core components:

  • AI Companion ("Nova"): A conversational AI with persistent life-story memory that provides 24/7 recovery support, coping strategies, motivational engagement, and personalized guidance based on your responses to structured onboarding questions (31 to 52 questions covering life history, triggers, goals, and preferences).
  • rPPG Camera Scanning: Third-party facial rPPG technology that uses your device camera to measure health markers including heart rate, heart rate variability, respiratory rate, stress indicators, and other physiological measurements, processed entirely on-device.
  • Voice Biomarkers: Third-party ambient voice analysis technology that analyzes vocal patterns to identify biomarkers associated with mental health and substance use states, supporting 13 CPT (Current Procedural Terminology) billing codes. Voice data processed through third-party voice analysis technology may also be used to support the development, training, and improvement of AI/ML models designed to support health and wellness monitoring, substance-use detection, addiction relapse identification, and related recovery applications (collectively, "Voice AI Models"). Voice recordings are de-identified on-device before any transmission. Third-party technology partners may use the resulting trained Voice AI Models for their own products and customers beyond NOVA LiFE.
  • Content Library: A curated collection of breathwork exercises, guided meditation, Emotional Freedom Technique (EFT) tapping sessions, yoga instructions, and other recovery-supportive content.
  • Live Peer Support & Telehealth: Scheduled peer support classes led by certified peer support specialists, and access to licensed telehealth providers, with services billable under applicable CPT codes.
  • Emergency Module: One-tap access to the 988 Suicide & Crisis Lifeline and 911 for crisis support.
  • Take-Home MAT Management: A medication adherence module for Medication-Assisted Treatment that uses facial-recognition-verified dosing to confirm medication administration.
  • NOVA Clear Integration: Geo-fence handshake technology that verifies physical presence at participating clinics and treatment facilities.
  • Relapse Prediction: Biometric drift flagging that monitors changes in your physiological and behavioral data to identify patterns potentially indicative of relapse risk. Relapse prediction capabilities may also incorporate Voice AI Models developed using de-identified voice data in partnership with third-party technology partners.

4.2 Availability

While we strive to provide uninterrupted 24/7 service availability, we do not guarantee that the App or any of its features will be available at all times. The App may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control. We reserve the right to modify, suspend, or discontinue any feature or service at any time without prior notice.

4.3 Not a Substitute for Professional Treatment

The App is designed to support recovery and is not a substitute for professional medical treatment, psychiatric care, psychotherapy, or any other form of professional health care. You should continue to follow the treatment plan established by your health care providers and should not alter any treatment regimen based solely on information provided by the App. See Section 17 (Medical Disclaimer) for additional important information.

5. AI-Powered Features

5.1 Artificial Intelligence Disclosure

The App utilizes artificial intelligence and machine learning technologies to power several features, including but not limited to the AI Companion (Nova), voice biomarker analysis, relapse prediction algorithms, and biometric data interpretation. You acknowledge and agree that:

  • AI-generated content, responses, and analysis are produced by automated systems, not by licensed health care professionals, and may be inaccurate, incomplete, or inappropriate.
  • The AI Companion (Nova) is not a therapist, counselor, physician, or licensed health care provider of any kind, and AI-generated suggestions or content do not constitute medical advice, psychiatric advice, psychological counseling, or any form of professional health care recommendation.
  • You should always consult with qualified health care professionals for medical or mental health concerns.
  • De-identified voice data may be shared with third-party technology partners for the development and training of Voice AI Models (as described in Section 4.1). Such partners may use the resulting trained Voice AI Models for their own products and customers beyond NOVA LiFE. Substance-use and addiction-related inferences derived from voice data may constitute sensitive health information under applicable federal and state law, and NOVA LiFE applies appropriate safeguards to such data accordingly.

5.2 Persistent Life-Story Memory

The AI Companion (Nova) utilizes a persistent memory system that retains information from your onboarding responses (31 to 52 structured questions) and ongoing conversations. This memory enables personalized interactions and continuity of support across sessions. You acknowledge that:

  • Nova will remember and reference information you have previously shared, including sensitive personal details about your life history, substance use history, relationships, triggers, and recovery goals.
  • This persistent memory is designed to improve the quality and relevance of AI support over time.
  • You may request deletion of your conversational history and persistent memory data at any time, subject to applicable legal retention requirements.
  • Deletion of memory data may significantly reduce the personalization and effectiveness of the AI Companion.

You expressly acknowledge and agree that the AI features of the App:

  • Cannot detect or respond to true emergencies in real time, may not recognize sarcasm, coded language, or indirect references to self-harm or substance use, and may provide responses that are emotionally tone-deaf, factually incorrect, or clinically inappropriate.
  • Are not designed to diagnose, treat, cure, or prevent any disease or medical condition.
  • Cannot replace the judgment of a licensed health care professional.
  • May be unavailable, delayed, or degraded during periods of high demand, maintenance, or technical difficulty.

AI-generated content is not intended to be offensive or discriminatory. If you encounter AI-generated content that is offensive or discriminatory, please report it to us.

5.3 Continuous Improvement

We continuously update and improve our AI models. These updates may change how the AI responds, what it remembers, and how it interprets your inputs. We will provide notice of material changes to AI functionality where practicable, but reserve the right to make improvements without prior notice. AI model development, including development of Voice AI Models (as described in Section 4.1) may involve sharing de-identified data with third-party partners. Such partners may use the resulting trained Voice AI Models for their own products and customers.

6. Biometric Data Collection and Consent

6.1 Types of Biometric Data Collected

The App collects and processes biometric data through three distinct technologies: (a) third-party facial rPPG camera scanning; (b) third-party voice analysis; and (c) facial recognition for Take-Home MAT dosing verification. Voice recordings are de-identified on the user's device before transmission, and de-identified recordings may be shared with third-party technology partners for the development and training of Voice AI Models (as described in Section 4.1). For detailed information about the specific categories of biometric data collected through each technology, see Section 3.2 of the Privacy Policy.

6.2 Purpose of Biometric Data Collection

Biometric data is collected and processed for the purposes described in Section 4 of the Privacy Policy, including providing health and wellness measurements, enabling relapse prediction, verifying identity for medication adherence, supporting clinical assessments and billing, providing data to authorized health care providers, and improving our algorithms.

6.3 On-Device Processing

For information about how biometric data is processed, including on-device processing and data transmission, see Section 3.2 of the Privacy Policy.

6.4 Informed Consent

By using features that collect biometric data, you provide your informed, written consent to the collection, processing, storage, and use of your biometric data as described in these Terms and our Privacy Policy. For certain biometric features, you will be presented with a separate, specific consent prompt within the App before the feature is activated for the first time. You may not use biometric features without providing the applicable consent.

6.5 Right to Withdraw Consent

You may withdraw your consent to biometric data collection at any time by:

  • Disabling specific biometric features within the App settings
  • Contacting us at the address provided in Section 30 of these Terms
  • Requesting deletion of your biometric data pursuant to applicable law

Withdrawal of consent will result in the deactivation of features that rely on the applicable biometric data. Withdrawal does not affect the lawfulness of processing performed prior to withdrawal. Certain data may be retained as required by applicable law or legitimate legal obligations.

6.6 Data Retention and Destruction

Data retention and destruction timelines, including specific retention periods for biometric data, conversation data, and Protected Health Information, are governed by Section 10 of the Privacy Policy.

7. Crisis Intervention and Emergency Features

7.1 Emergency Module

The App includes an Emergency Module that provides integration with the 988 Suicide & Crisis Lifeline and 911 emergency services. This module is designed to facilitate access to crisis support resources but is subject to the following limitations:

  • The Emergency Module is not a replacement for calling 911 or local emergency services.
  • Crisis hotline availability is dependent on third-party providers and may be subject to wait times, technical difficulties, or capacity limitations.
  • The Company does not control the 988 Suicide & Crisis Lifeline, 911, or their personnel and is not responsible for the advice, actions, or omissions of crisis line or emergency services staff.
  • In limited circumstances involving imminent risk of serious harm, the Company may take safety and crisis intervention actions as described in Section 7 of the Privacy Policy. These actions are discretionary and do not create a duty to monitor or intervene.

7.2 Relapse Prediction Alerts

The relapse prediction feature monitors biometric data for patterns that may be associated with increased relapse risk. If the system identifies potential risk indicators:

  • You may receive notifications or in-app alerts suggesting you access support resources.
  • If you have authorized it, your designated clinician or peer support specialist may be notified.
  • These alerts are generated by automated algorithms and do not constitute a clinical assessment or diagnosis.
  • False positives and false negatives will occur. You should not rely on the absence of alerts as confirmation of safety.

7.3 No Duty to Monitor or Intervene

Notwithstanding the availability of crisis features, the Company does not undertake a duty to monitor your condition, predict or prevent relapse, or intervene in any crisis. The App is a tool that you use at your own discretion, and you remain responsible for seeking appropriate help when needed.

8. Provider-Facing Access (Clinician Mode)

8.1 Clinician Mode Overview

Clinician Mode is a separate access portal within the App designed exclusively for authorized health care providers, counselors, and clinical staff. Clinician Mode enables providers to:

  • View patient-authorized biometric data, voice biomarker assessments, and recovery progress
  • Access rPPG scan results and voice analysis reports
  • Monitor medication adherence through the Take-Home MAT module
  • Receive relapse prediction alerts for patients who have authorized data sharing
  • Coordinate care through secure messaging and clinical notes
  • Access billing-relevant data including CPT code documentation

8.2 Credential Verification

Access to Clinician Mode requires verification of professional credentials, including but not limited to active licensure, institutional affiliation, and National Provider Identifier (NPI) where applicable. The Company reserves the right to deny or revoke Clinician Mode access at any time if credentials cannot be verified or are found to be invalid, expired, or misrepresented.

8.3 Provider Responsibilities

Clinician Mode Users acknowledge and agree that:

  • They will access patient data only with proper authorization and in compliance with all applicable federal and state laws, including the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA") and 42 CFR Part 2.
  • They will not share, screenshot, download, or distribute patient data except as permitted by law and authorized by the patient.
  • They are independently responsible for verifying any App-generated data before making clinical decisions.
  • The Company does not provide clinical supervision and is not responsible for clinical decisions made by Clinician Mode Users.
  • They will maintain appropriate professional liability insurance.

8.4 Business Associate Relationship

To the extent that a Clinician Mode User or their institution is a Covered Entity under HIPAA, the Company's role as a Business Associate is governed by a separate Business Associate Agreement ("BAA").

9. Privacy Policy and Security

9.1 Privacy

Our Privacy Policy, available at www.novalifeapp.com, describes how we collect, use, disclose, retain, and protect your personal information, including Protected Health Information ("PHI") and biometric data. By using the App, you acknowledge that you have read and understood the Privacy Policy and consent to its terms.

9.2 Security

We implement commercially reasonable administrative, technical, and physical security measures to protect your personal information. For detailed information about our security practices, see Section 11 of the Privacy Policy.

9.3 Monitoring

We reserve the right at all times to electronically record and monitor areas of the App and may disclose any content, records, or electronic communication of any kind if required to do so by any law, regulation, or government request, if we believe that such disclosure is necessary or appropriate to operate the App, or to protect our rights or property or those of related third parties. By using the App, you are consenting to us recording and monitoring your activities on the App, and we may use third party vendors to assist us in recording and monitoring those activities. If you do not want your activities on the App recorded or monitored, please do not use the App.

10. Acceptable Use and Prohibited Conduct

Your use of the App is subject to the following conditions and restrictions. You agree that:

  • You will use the App only for its intended purpose of supporting substance use disorder recovery or, in the case of Clinician Mode Users, for authorized clinical and care coordination purposes.
  • You will provide truthful and accurate information in all interactions with the App, including your onboarding responses, biometric scans, and communications with peers and providers.
  • You will not attempt to manipulate, deceive, or "jailbreak" the AI Companion to produce harmful, inappropriate, or off-label responses.
  • You will not use the App to obtain controlled substances, forge prescriptions, circumvent medication adherence requirements, or facilitate any illegal activity.
  • You will not impersonate another person during facial recognition verification or attempt to bypass identity verification safeguards.
  • You will comply with all applicable local, state, federal, and international laws and regulations in connection with your use of the App, and you will not use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use of the App.
  • You acknowledge that text messages through SMS (or other text messaging applications), notifications, and email may not be secure (i.e., are not encrypted), and you accept all risks associated with such unsecure communications.

You further agree that you will not:

  • Use the App for any illegal, abusive, offensive, harassing, or unsolicited purpose, or to harm, threaten, defame, or intimidate any person, including other Users, peer support specialists, clinicians, or Company staff.
  • Post, upload, or transmit any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or otherwise objectionable.
  • Copy, create derivative works of, or otherwise modify the App or publicly perform and/or display any App material.
  • Share your account credentials with any other person or allow another person to access or use your account.
  • Attempt to gain unauthorized access to any portion of the App, other Users' accounts, or any systems or networks connected to the App, or probe, scan, or test the vulnerability of the App or any associated system or network, or breach any security or authentication measures.
  • Use any application programming interface (API), automated means (bots, scrapers, crawlers), or any other means of connection to access or interact with the App other than those made available by the Company, unless approved in advance by the Company.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover or derive any source code, underlying ideas, algorithms, or organization of the App or its AI models or training data, or remove, alter, or obscure any proprietary notices, labels, or marks affixed to or contained in the App.
  • Collect, harvest, or extract personal information about other Users or engage in any data mining, data harvesting, or data extraction activity in relation to the App.
  • Interfere with or disrupt the integrity or performance of the App or third-party data contained therein.
  • Use the App to distribute malware, viruses, worms, or other harmful code.
  • Record, screenshot, or share telehealth sessions, peer support conversations, or other Users' information without explicit consent from all parties.
  • Use voice biomarker or biometric data of any person other than yourself within the App.
  • Encumber, sublicense, transfer, sell, resell, rent, lease, export, re-export, distribute, or otherwise commercially exploit the App (including without limitation the App material) for the benefit of any third party, or use the App to advertise, sell, or make a profit, without our express written permission.
  • Assist, facilitate, or encourage any other person to engage in any of the foregoing prohibited activities.

12. User Content and License

12.1 User Content Defined

"User Content" means any information, data, text, messages, images, audio, or other content that you submit, post, upload, or otherwise transmit through the App, including but not limited to your responses to onboarding questions, messages to the AI Companion, journal entries, communications in peer support sessions, and any other content you create within the App.

12.2 Ownership of User Content

You retain ownership of any original expression contained in your User Content (such as journal entries and written reflections). However, as between you and the Company, the Company owns all right, title and interest in and to all data derived from or generated by the App's processing of your User Content, including de-identified data, aggregated data, analytical outputs, AI-generated insights, pattern models, and statistical summaries.

12.3 License Grant

By submitting User Content through the App, you grant the Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, process, create derivative works from, distribute, and display your User Content for the following purposes:

  • Operating, providing, and improving the App and its features.
  • Providing you with personalized AI Companion interactions.
  • Generating de-identified, aggregated data for research and product improvement, and other purposes permitted by law.
  • Fulfilling our obligations to your authorized health care providers.
  • Complying with applicable law.
  • Training, improving, and developing the Company's AI models and algorithms, as described in Section 5 of the Privacy Policy.
  • Sharing de-identified voice recordings with third-party technology partners for the development and training of Voice AI Models (as described in Section 4.1), which models may be used by such partners for their own products and customers.
  • Performing analytics on App usage patterns, engagement metrics, and feature effectiveness.
  • Supporting billing, reimbursement, and CPT code documentation for services rendered through the App.

This license survives termination of your account to the extent necessary to fulfill the purposes described above, comply with legal obligations (including applicable record retention requirements), and continue the Company's use of de-identified or aggregated data that was lawfully derived from your User Content prior to termination.

12.4 Content Representations

You represent and warrant that: (a) you own or have the necessary rights to submit your User Content; (b) your User Content does not infringe, misappropriate, or violate the rights of any third party; and (c) your User Content complies with these Terms and all applicable laws.

12.5 Content Monitoring

We do not undertake an obligation to review or monitor User Content, but we reserve the right to do so. We may remove or disable access to any User Content that we determine, in our sole discretion, violates these Terms, applicable law, or is otherwise harmful or objectionable.

13. Subscriptions and Payment

13.1 Subscription Plans

The App is available through the following subscription arrangements:

(a) Direct Consumer Subscription

Individual Users may subscribe to the App through monthly or annual subscription plans. Pricing, features included in each plan tier, and any promotional offers are displayed within the App and are subject to change. Any price changes will be communicated to you in advance and will take effect at the start of your next billing cycle.

(b) Provider-Sponsored Access

If your access is sponsored by a health care provider or organization, your subscription fees may be paid in whole or in part by the sponsoring entity. Your access may be contingent upon your continued enrollment in a treatment program or satisfaction of other conditions established by the sponsor. If your sponsored access terminates, you may convert to a Direct Consumer Subscription at your own expense.

13.2 Auto-Renewal

All subscription plans automatically renew at the end of each billing period (monthly or annually, as applicable) unless you cancel before the end of the current billing period. You authorize us (or the applicable app store) to charge the payment method on file for each renewal period. You may cancel auto-renewal at any time through your account settings or through the app store where you subscribed.

13.3 Payment Processing

Payment is processed through the Apple App Store, Google Play Store, or other authorized payment processor. All payment terms are subject to the payment processor's terms of service. The Company does not directly process or store your payment card information.

13.4 Refunds

Subscription fees are nonrefundable. No refunds or credits will be provided for partial subscription periods, except as required by applicable law.

13.5 Taxes

Fees are exclusive of applicable taxes. You are responsible for any applicable taxes associated with your purchase.

13.6 Free Trials

We may offer free trial periods at our discretion. If you do not cancel before the end of a free trial period, your subscription will automatically convert to a paid subscription at the applicable rate.

14. Intellectual Property

14.1 Company Intellectual Property

The App, including its design, architecture, software, source code, object code, algorithms, AI models, training data, sound files, data, text, user interface, pictures, graphics, information, logos, trademarks, service marks, trade names, and all content provided by the Company (collectively, "Company IP"), is owned by or licensed to the Company and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in any Company IP except the limited license to use the App as expressly provided herein.

14.2 Limited License to Use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a compatible mobile device that you own or control, solely for your personal, non-commercial purposes (or, in the case of Clinician Mode Users, for authorized professional purposes).

14.3 Restrictions

Except as expressly permitted by these Terms, you may not: (a) copy, modify, or distribute the App; (b) rent, lease, lend, sell, sublicense, or otherwise transfer the App to any third party; (c) reverse engineer, decompile, disassemble, or attempt to extract the source code of the App; (d) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; or (e) use the App for any commercial or revenue-generating purpose not expressly authorized by the Company.

14.4 Feedback

You may provide us with any feedback, suggestions, improvements, or ideas regarding the App ("Feedback"). The Company shall have full discretion over whether or not to utilize any Feedback. You grant the Company a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the Feedback you provide to us in any way. To be clear, we may use Feedback for any purpose without obligation or compensation to you.

15. Communications Policy

15.1 Communications from the App

By creating an account, you consent to receive electronic communications from us, including push notifications, alerts, reminders, and account-related notices. You further consent to receive such communications by automated dialing equipment or artificial or prerecorded messages. For detailed information about the types of communications you may receive, how to manage your preferences, and your opt-out rights, see Section 15 of the Privacy Policy.

15.2 Communications with Peers and Providers

Communications with peer support specialists and telehealth providers through the App are subject to additional confidentiality protections, including 42 CFR Part 2, and may be recorded for quality assurance purposes with appropriate notice and consent.

15.3 Review and Analysis of Communications

If you provide information to us through the App, including your personal information, you consent to: (1) our review and analysis of such information; and (2) your receipt of our return messages, whether by phone, text, mail, or email, in each case, sent by us or a third party acting on our behalf.

16. Third-Party Services and Content

16.1 Third-Party Technology Providers

The App integrates with and relies upon technology provided by third-party vendors, including biometric technology providers (third-party facial rPPG and voice analysis technology) and geo-fence verification technology (NOVA Clear). For a complete description of our third-party service providers and how we share data with them, see Section 12 of the Privacy Policy. Third-party technology vendors may receive de-identified voice recordings from NOVA LiFE for the development and training of Voice AI Models (as described in Section 4.1). Such partners may use the resulting trained Voice AI Models for their own products and customers. This involves only de-identified data.

16.2 Third-Party Terms

Your use of third-party services integrated within the App may be subject to additional terms and conditions established by those third-party providers. We encourage you to review those terms. We are not responsible for the content, accuracy, availability, or practices of any third-party service.

16.3 App Store Terms

Your download and use of the App is also subject to the terms of service of the app store from which you obtained the App (Apple App Store or Google Play Store). In the event of a conflict between these Terms and the applicable app store terms, these Terms shall control as between you and the Company. Additional app store-specific terms are set forth in Section 29.

16.4 Third-Party Links and Content

The App may contain links to third-party websites, resources, or content. These links are provided for your convenience only. We do not endorse and are not responsible for the content, products, or services available from third-party sources. Your use of third-party websites and resources is at your own risk and subject to the terms and conditions of those sites.

16.5 No Liability for Third Parties

The Company is not liable for any loss, damage, or harm arising from your use of or reliance on third-party services, technology, or content, whether integrated within the App or accessed through links provided by the App.

17. MEDICAL DISCLAIMER

THE NOVA LIFE APP, INCLUDING ALL OF ITS FEATURES, CONTENT, AI-GENERATED RESPONSES, BIOMETRIC MEASUREMENTS, VOICE BIOMARKER ANALYSES, RELAPSE PREDICTIONS, AND OTHER OUTPUTS, IS PROVIDED FOR INFORMATIONAL AND SUPPORTIVE PURPOSES ONLY. THE APP IS NOT A MEDICAL DEVICE. THE APP DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD NOT RELY ON ANYTHING CONTAINED IN OR PROVIDED THROUGH THE APP. YOUR USE OR RELIANCE UPON THE APP IS DONE AT YOUR OWN RISK. THIS INCLUDES YOUR USE OF AND ACCESS TO ANY AI CAPABILITIES THAT WE MAY MAKE AVAILABLE TO YOU, INCLUDING ANY AI-GENERATED CONTENT.

NOTHING CONTAINED IN OR PROVIDED THROUGH THE APP IS INTENDED TO BE OR SHOULD BE CONSTRUED AS MEDICAL ADVICE, A MEDICAL DIAGNOSIS, OR A RECOMMENDATION FOR A SPECIFIC TREATMENT, ACTION, OR COURSE OF CONDUCT. THE APP IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, EXAMINATION, DIAGNOSIS, OR TREATMENT BY A QUALIFIED HEALTH CARE PROVIDER.

YOU SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF INFORMATION OR SUGGESTIONS PROVIDED BY THE APP. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, CONTACT YOUR HEALTH CARE PROVIDER IMMEDIATELY.

BIOMETRIC MEASUREMENTS PROVIDED BY THE APP (INCLUDING RPPG SCANS AND VOICE BIOMARKER ANALYSES) ARE ESTIMATES GENERATED BY ALGORITHMS AND ARE NOT CLINICAL-GRADE MEDICAL MEASUREMENTS. THESE MEASUREMENTS SHOULD NOT BE USED AS THE BASIS FOR ANY MEDICAL DECISION WITHOUT CONFIRMATION BY APPROPRIATE MEDICAL TESTING PERFORMED BY A QUALIFIED HEALTH CARE PROFESSIONAL.

THE RELAPSE PREDICTION FEATURE IS AN EXPERIMENTAL INFORMATIONAL TOOL. IT IS NOT A CLINICALLY VALIDATED DIAGNOSTIC INSTRUMENT. FALSE POSITIVES AND FALSE NEGATIVES WILL OCCUR. THE ABSENCE OF A RELAPSE ALERT DOES NOT MEAN YOU ARE NOT AT RISK.

SUBSTANCE-USE AND ADDICTION-RELATED INFERENCES GENERATED BY VOICE AI MODELS, INCLUDING MODELS DEVELOPED IN PARTNERSHIP WITH THIRD-PARTY TECHNOLOGY VENDORS, ARE INFORMATIONAL ONLY AND DO NOT CONSTITUTE A CLINICAL DIAGNOSIS OF SUBSTANCE USE, INTOXICATION, OR ADDICTION. SUCH INFERENCES SHOULD NOT BE RELIED UPON FOR ANY MEDICAL, TREATMENT, LEGAL OR EMPLOYMENT DECISIONS.

18. DISCLAIMERS OF WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL CONTENT, FEATURES, SERVICES, AND FUNCTIONALITY PROVIDED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, DATA ACCURACY AND COMPLETENESS, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT: (A) THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE APP WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APP WILL BE ACCURATE, COMPLETE, OR RELIABLE; (D) THE QUALITY OF ANY CONTENT, DATA, SERVICES, OR INFORMATION OBTAINED THROUGH THE APP WILL MEET YOUR EXPECTATIONS; (E) ANY ERRORS IN THE APP WILL BE CORRECTED; (F) THE AI COMPANION, AI FEATURES OR AI-GENERATED CONTENT WILL BE AVAILABLE, TIMELY, SUITABLE, RELIABLE, APPROPRIATE, HELPFUL, ACCURATE OR COMPLETE IN ANY SITUATION; (G) BIOMETRIC MEASUREMENTS WILL BE ACCURATE OR RELIABLE; OR (H) THE RELAPSE PREDICTION SYSTEM WILL ACCURATELY IDENTIFY ALL INSTANCES OF RELAPSE RISK. THE COMPANY MAKES NO, AND DISCLAIMS ANY, WARRANTY THAT IT CAN OR WILL FIX ANY ISSUE OR ERROR IN THE APP OR AI-GENERATED CONTENT AND IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN AI-GENERATED CONTENT.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. TO BE CLEAR, ANY ACTIONS THAT YOU TAKE BASED ON AI-GENERATED CONTENT ARE AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY'S WARRANTIES ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

19. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR PENALTIES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST REVENUE OR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE APP; (B) THE USE OF THE APP BY ANOTHER PERSON ACCESSING YOUR ACCOUNT; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE APP; (D) ANY CONTENT OBTAINED FROM THE APP; (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (F) ANY AI-GENERATED CONTENT, RESPONSES, OR SUGGESTIONS; (G) ANY BIOMETRIC MEASUREMENTS OR HEALTH-RELATED DATA PROVIDED BY THE APP; (H) ANY FAILURE OF THE RELAPSE PREDICTION SYSTEM TO IDENTIFY RELAPSE RISK; (I) ANY DELAY OR FAILURE IN CRISIS INTERVENTION FEATURES; OR (J) ANY OTHER MATTER RELATING TO THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY FAILURE OF THE APP OR THE APP CONTENT WHETHER RESULTING FROM OR ATTRIBUTABLE TO (1) YOUR NETWORK, TELECOMMUNICATIONS, OR OTHER SERVICE, (2) EQUIPMENT FAILURE, OR (3) YOUR NEGLIGENCE, RECKLESSNESS, OR ANY INTENTIONAL OR WILLFUL CONDUCT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO THE COMPANY IN SUBSCRIPTION FEES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIVE HUNDRED DOLLARS ($500.00). THIS MONETARY CAP ON LIABILITY APPLIES REGARDLESS OF WHETHER THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH LIABILITY OR THE TYPE OF CLAIM, INCLUDING WITHOUT LIMITATION CONTRACT OR TORT.

THE COMPANY DISCLAIMS RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE APP, INCLUDING WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE PROPERTIES.

THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, THE PRIVACY POLICY, OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ALSO UNDERSTAND AND AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR THE ACTS OR FAILURE TO ACT OF ANY SPONSORING PROVIDER, HEALTH PLAN, HEALTH CARE PROVIDER, OR CARE TEAM. THIS SECTION 19 WILL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS.

20. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to any of the following:

  • Your violation of these Terms.
  • Your use of the App, including but not limited to any User Content you submit or any actions you take based on information provided by the App.
  • Use of the App by another person accessing your account.
  • Your violation of any applicable law, rule, regulation, or the rights of any third party.
  • Any claim that your User Content infringes or misappropriates the intellectual property rights of any third party.
  • Your use of biometric features in a manner inconsistent with these Terms or applicable law.
  • Any misrepresentation made by you in connection with your account or use of the App.
  • Any claim arising from your use of Clinician Mode, including claims by patients or their representatives related to clinical decisions made using App data.

This indemnification obligation shall survive the termination of these Terms and your use of the App.

21. Suspension and Termination

21.1 Termination by You

You may terminate your account at any time by using the account deletion feature within the App settings or by contacting us at the address provided in Section 30. Termination does not entitle you to a refund of any prepaid subscription fees, except as required by applicable law or expressly provided in Section 13.

21.2 Suspension or Termination by Company

We may suspend or terminate your access to the App, in whole or in part, for any of the following reasons:

  • Violation of these Terms or any applicable Company policy.
  • Conduct that we determine, in our sole discretion, is harmful to other Users, the Company, or third parties.
  • Suspected fraudulent, abusive, or illegal activity.
  • A security risk posed by your use of the App to the App or any third party.
  • Scheduled or emergency maintenance of the App.
  • Failure to pay subscription fees.
  • Extended periods of inactivity.
  • We will use commercially reasonable efforts to provide you with advance notice before any suspension, except where immediate suspension is reasonably necessary to protect the App, the Company, or third parties. We will promptly restore access after the condition giving rise to the suspension has been cured.
  • Request by law enforcement or government agency.
  • Discontinuation of the App or any feature thereof.
  • Following termination, you will have thirty (30) calendar days to export or retrieve your data from the App. After the expiration of such thirty (30)-day period, the Company will return or destroy your data in accordance with the Privacy Policy, unless the Company is required by applicable law to retain data or where return or destruction is infeasible.

21.3 Effect of Termination

Upon termination of your account:

  • Your license to use the App immediately terminates.
  • You must cease all use of the App and delete it from your devices.
  • We may (but are not obligated to) delete your User Content and account data, subject to applicable legal retention requirements.
  • Sections that by their nature should survive termination will survive, including but not limited to Sections 12.3, 14, 17-25, and 27.

22. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

22.1 Informal Resolution

Before initiating any arbitration proceeding, you agree to first contact us at the address provided in Section 30 and attempt to resolve the dispute informally for at least thirty (30) calendar days. If we are unable to resolve the dispute informally within thirty (30) calendar days, either party may proceed to binding arbitration as set forth below.

22.2 Binding Arbitration

The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Any dispute, controversy, or claim arising out of or relating to these Terms, the App, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, which are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

22.3 Arbitration Procedures

The arbitration shall be conducted as follows:

  • The arbitration shall take place in Maricopa County, Arizona, unless the parties agree otherwise or the AAA rules provide for a different location. For claims of $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted: (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance-based telephonic or video hearing; or (3) by an in-person hearing. In the case of an in-person hearing, the proceedings shall be conducted at a location that is reasonably convenient for both parties, with due consideration of the ability to travel and other pertinent circumstances.
  • The arbitration shall be conducted by a single arbitrator selected in accordance with the AAA Consumer Arbitration Rules.
  • The arbitrator shall have the exclusive authority to decide the jurisdiction of the arbitrator, including any unconscionability challenge or other challenge that the arbitration provision or these Terms are void, voidable, or otherwise invalid. The arbitrator shall also have exclusive authority to determine the rights and liabilities, if any, of the parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute and to award any remedy that would be available in a court of competent jurisdiction. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.
  • The arbitration proceedings and all related documents shall be confidential, except as required by law.

22.4 Costs and Fees

Payment of filing fees and arbitrator compensation shall be governed by the AAA Consumer Arbitration Rules. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose, then the allocation of fees shall be governed by the AAA rules. In all other cases, we will pay all filing, administration, and arbitrator fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. In such case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable AAA rules.

22.5 Individual Basis

All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class, collective, or representative basis. Only individual relief is available, and claims of more than one User cannot be arbitrated or consolidated with those of any other User. The parties waive any right to participate as a class member in any class action against the other party. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. Notwithstanding the foregoing, either party may pursue a claim for public injunctive relief either in court or through arbitration. If a court decides that any other part of this arbitration provision is invalid or unenforceable, the other parts of this arbitration provision shall still apply.

22.6 Exceptions

Notwithstanding the foregoing, the following claims are excluded from this arbitration agreement:

  • Claims in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents;
  • Small claims court actions that qualify under applicable rules; and
  • Claims that cannot be subject to arbitration as a matter of applicable law.

23. JURY TRIAL WAIVER

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL FOR ANY AND ALL DISPUTES, CLAIMS, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE APP, OR THE RELATIONSHIP BETWEEN YOU AND THE COMPANY, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE. THIS WAIVER APPLIES REGARDLESS OF WHETHER SUCH DISPUTES, CLAIMS, OR CAUSES OF ACTION ARE RESOLVED IN ARBITRATION OR IN COURT (TO THE EXTENT PERMITTED TO PROCEED IN COURT). YOU ACKNOWLEDGE THAT THIS WAIVER IS A MATERIAL INDUCEMENT FOR THE COMPANY TO ENTER INTO THIS AGREEMENT AND THAT THE COMPANY HAS RELIED UPON THIS WAIVER IN ENTERING INTO THIS AGREEMENT.

24. CLASS ACTION WAIVER

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES, CLAIMS, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR THE COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING MAY BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE AS A CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST THE COMPANY.

25. Opt-Out of Arbitration

You have the right to opt out of the binding arbitration and class action waiver provisions set forth in Sections 22 through 24 of these Terms. To opt out, you must send written notice of your decision to opt out to the following address within thirty (30) calendar days of first accepting these Terms:

NOVA LiFE App LLC
Attn: Legal -- Arbitration Opt-Out
3104 E. Camelback Rd., #2126
Phoenix, AZ 85016

Your opt-out notice must include: (a) your full legal name; (b) your mailing address; (c) your email address associated with your App account; (d) a clear statement that you wish to opt out of the binding arbitration and class action waiver provisions; and (e) your signature.

If you timely opt out of the arbitration provisions, the remaining provisions of these Terms will continue to apply. Opting out of arbitration does not affect any other provisions of these Terms. If you do not timely opt out, you will be bound by the arbitration and class action waiver provisions.

26. Governing Law

These Terms and any dispute arising out of or relating to these Terms, the App, or the relationship between you and the Company shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws principles.

To the extent that any claim or dispute is permitted to proceed in court (including claims that are excluded from the arbitration agreement in Section 22.6), you and the Company agree that any such claim or dispute shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona. You hereby consent to, and waive any objection to, the exercise of personal jurisdiction by such courts and agree that Maricopa County, Arizona is a convenient forum.

27. Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. If we make material changes to these Terms, we will provide you with notice by any one of the following methods:

  • Posting the updated Terms within the App with a revised "Last Updated" date
  • Sending you a push notification or email notification regarding the material changes
  • Displaying a prominent in-app notice requiring your acknowledgment before continued use

Unless otherwise specified by us, all changes will be effective immediately upon being updated in the App. You should look at these Terms on a regular basis. The "Last Updated" date is posted at the top of these Terms.

Your continued use of the App after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the App and terminate your account. It is your responsibility to review the Terms periodically.

Notwithstanding the foregoing, changes to the arbitration provision (Sections 22-25) will not apply to any dispute for which you have already provided notice to the Company.

28. General Provisions

28.1 Entire Agreement

These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and the Company regarding your use of the App and supersede all prior and contemporaneous agreements, proposals, representations, and communications, whether oral or written, between you and the Company regarding the subject matter hereof.

28.2 Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall continue in full force and effect. If such modification is not possible, the offending provision shall be severed and the remaining Terms shall be enforced as written.

28.3 No Waiver

The Company's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any right or provision shall be effective only if made in writing and signed by a duly authorized representative of the Company. No waiver shall constitute a continuing waiver or a waiver of any other right or provision.

28.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without the Company's prior written consent. The Company may assign, transfer, or delegate its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. Any purported assignment in violation of this section is void.

28.5 Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond the Company's reasonable control, including but not limited to: natural disasters; acts of God; pandemic or epidemic; war, terrorism, or civil unrest; government actions or regulations; labor disputes; power failures; internet or telecommunications failures; cyberattacks; disruptions to third-party services upon which the App depends; or any other force majeure event. The Company's obligations shall be suspended for the duration of such event, and the Company shall use reasonable efforts to mitigate the effects and resume performance as soon as practicable.

28.6 Electronic Communications

By using the App and providing your email address, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible in an unchanged form. You waive any rights or requirements under any applicable law that requires an original signature, signature by name or initial, or delivery or retention of non-electronic records. You also agree to the use of electronic signatures (including clickwraps), contracts, consents, authorizations, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by or through the App, SMS (or other text messaging applications), or email.

28.7 Headings

The section and subsection headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

28.8 Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and the Company. Neither party has the authority to bind the other or to incur any obligation on behalf of the other.

28.9 Third-Party Beneficiaries

Notwithstanding any other provision of these Terms, Apple Inc., Google LLC, and their subsidiaries are intended third-party beneficiaries of these Terms solely with respect to the app store-specific terms set forth in Section 29, and each shall have the right to enforce those terms against you.

Except as expressly set forth in Section 29 (with respect to Apple and Google), these Terms are not intended to confer any rights or remedies upon any third party.

28.10 Non-Export

The App is intended for use only within the United States. We do not represent that the App is accessible, appropriate, or legally available for use outside the United States, and accessing the App from prohibited locations is at your own risk. You are responsible for compliance with all applicable local laws. Software available through the App is subject to United States export controls and may not be downloaded, exported, or re-exported: (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (2) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and you agree to comply with U.S. export control laws.

29. Third Party Content and Third Party Terms

The App may contain content, products, or services offered by third parties, including community resources and AI capabilities. Such third parties may require you to agree to their terms of use and privacy policies. The Company does not endorse any third-party websites linked to the App or made available through the Service, takes no responsibility for any content, products, or services offered by a third party, and will not be held liable for any damage or loss caused by a third party. Additional provisions regarding third-party technology providers, links, and content are set forth in Section 16.

29.1 Apple App Store Additional Terms

If you download the App from the Apple App Store, the following additional terms apply:

  • These Terms are between you and NOVA LiFE App LLC only, and not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content.
  • The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms of Service.
  • Apple has no obligation to provide 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 Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
  • Apple is not responsible for addressing any claims by you or any third party relating to the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
  • In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement, or discharge of any such claim.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

29.2 Google Play Additional Terms

If you download the App from Google Play, the following additional terms apply:

  • These Terms are between you and NOVA LiFE App LLC only, and not with Google LLC ("Google") or any of its subsidiaries or affiliates.
  • Google is not responsible for the App or its content, and Google has no obligation to provide maintenance or support for the App.
  • In the event the App does not conform to any applicable warranty, Google shall have no liability with respect to the App.
  • Google is not responsible for addressing any claims by you or any third party relating to the App.
  • Your use of the App must comply with Google Play's Terms of Service.

29.3 Optional Sign-In Services

The App may allow you to sign in using a third-party identity provider such as Apple or Google. For information about optional sign-in services and how we handle data exchanged with identity providers, see Section 16 of the Privacy Policy.

30. Contact Information

If you have any questions, concerns, or complaints about these Terms, the App, or our practices, you may contact us at:

NOVA LiFE App LLC
3104 E. Camelback Rd., #2126
Phoenix, AZ 85016
Email: admin@NovaLifeApp.com

By using the NOVA LiFE App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

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