Terms of Service
1. Acceptance of Terms
By accessing or using notevyx.com ("Service"), operated by Notevyx ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.
We may update these Terms. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms. We will provide notice of material changes via the Service or email where practical.
2. Use of the Service
You may use the Service only in accordance with these Terms and applicable law. You agree not to:
- Use the Service for any unlawful purpose or in violation of these Terms;
- Attempt to gain unauthorised access to any portion or feature of the Service;
- Use automated means to scrape, crawl, or extract data from the Service without written permission;
- Transmit viruses, malware, or other harmful code;
- Impersonate any person or entity or falsely state your affiliation.
3. Accounts
Access to certain features requires an account. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately at [email protected] if you suspect unauthorised access.
We reserve the right to suspend or terminate accounts that violate these Terms.
4. Intellectual Property
The Service and all content therein — including text, graphics, logos, software, and documentation — are owned by Notevyx or its licensors and are protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.
Feedback you submit about the Service may be used by us without restriction or compensation to you.
5. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTEVYX AND ITS OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.
Our total cumulative liability to you for any claims arising under these Terms shall not exceed the greater of USD $100 or the amounts you paid us in the twelve months preceding the claim.
7. Indemnification
You agree to indemnify, defend, and hold harmless Notevyx and its officers, directors, employees, and agents from any claim, liability, cost, or expense (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.
8. Third-Party Links and Services
The Service may contain links to third-party websites or services. These are provided for convenience only; we do not control and are not responsible for their content, privacy practices, or terms. Your interactions with third parties are solely between you and them.
9. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.
Before initiating any formal dispute, you agree to attempt to resolve the matter by contacting us at [email protected]. If informal resolution fails after 30 days:
- Arbitration: Claims shall be submitted to binding arbitration administered by JAMS in Massachusetts, USA under its Streamlined Arbitration Rules. The arbitrator's award is final and binding.
- Class Action Waiver: You and Notevyx agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any class or representative action.
- Exceptions: Either party may seek injunctive or other equitable relief in a court of competent jurisdiction in Massachusetts, USA to prevent irreparable harm pending arbitration.
Notwithstanding the foregoing, you may bring qualifying claims in small claims court in Massachusetts, USA.
10. Termination
We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive (Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law) shall survive termination.
11. Miscellaneous
These Terms constitute the entire agreement between you and Notevyx regarding the Service and supersede all prior agreements. If any provision is found unenforceable, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver of our rights. These Terms may not be assigned by you without our prior written consent.
12. Contact
Questions about these Terms may be directed to:
Notevyx101 Federal Street, Suite 1900, Boston, MA 02110, United States
Email: [email protected]
Phone: +1 (617) 555-0361