Terms and Conditions

Last updated: April 14, 2021

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The
following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a
    party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to
    vote for election of directors or other managing authority.
  • Account means a unique account created for You to access our Service or parts of our Service.
  • Country refers to: Massachusetts, United States
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to
    Noviggo LLC, 165 Cambridgepark Drive, Cambridge, MA 02140 .
  • Content refers to content such as text, images, or other information that can be posted,
    uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital
    tablet.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes,
    performance or features of our Service.
  • Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.
  • Service refers to the Website.
  • Subscriptions refer to the services or access to the Service offered on a subscription basis by
    the Company to You.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the
    entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information,
    products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Noviggo, accessible from https://noviggo.com
  • You means the individual accessing or using the Service, or the company, or other legal entity on
    behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and
the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the
Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms
and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By
accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of
these Terms and Conditions then You may not access the Service. You represent that you are over the age of 18. The
Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned
on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies
and procedures on the collection, use and disclosure of Your personal information when You use the Application or the
Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully
before using Our Service.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance
on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription
plan you select when purchasing the Subscription. At the end of each period, Your Subscription will automatically
renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You
will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to
access the Service until the end of Your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information including zip code, and a valid payment
method information. Should automatic billing fail to occur for any reason, the Company will issue an electronic
invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding
to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change
will become effective at the end of the then-current Subscription period. The Company will provide You with reasonable
prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such
change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect
constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may
be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free trial for a limited period of time. You may
be required to enter Your billing information in order to sign up for the Free trial. If You do enter Your billing
information when signing up for a Free Trial, You will not be charged by the Company until the Free trial has expired.
On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged
the applicable Subscription fees for the type of Subscription You have selected. At any time and without notice, the
Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free
trial offer.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You
participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a
Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all
times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account
on Our Service. You are responsible for safeguarding the password that You use to access the Service and for any
activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media
Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming
aware of any breach of security or unauthorized use of Your account. You may not use as a username the name of another
person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of
another person or entity other than You without appropriate authorization, or a name that is otherwise offensive,
vulgar or obscene.

Content

Ownership of Content

Authorized Users retain ownership of all intellectual property rights in the information and content uploaded by them
to the Services (“User Content”), and LaunchPad Central and/or third parties retain ownership of all intellectual
property rights in all Content other than User Content.

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including
its legality, reliability, and appropriateness. By posting Content to the Service, You grant Us the right and license
to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are
responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content
available to other users of the Service, who may also use Your Content subject to these Terms. You represent and
warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and
license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate
the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You
are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or
any third person using Your account. You may not transmit any Content that is unlawful, offensive, upsetting, intended
to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable
Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race,
    sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any
    other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended
    to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage
    or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of
    publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any
Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the
right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of
the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or
third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service
You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that
under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption
of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to
being backed up or that changes during the time a backup is performed. The Company will provide support and attempt to
troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the
Company has no liability related to the integrity of Content or the failure to successfully restore Content to a
usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the
Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted
on the Service infringes a copyright or other intellectual property infringement of any person. If You are a copyright
owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that
constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to
the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description
of the alleged infringement. You may be held accountable for damages (including costs and attorneys' fees) for
misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright
Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's
    interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page
    address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is
    infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright
    owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that
    You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at [email protected] Upon receipt of a notification, the Company will
take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from
the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality
are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright,
trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in
connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment
is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right
and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without
restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any
third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use
of or reliance on any such content, goods or services available on or through any such web sites or services. We
strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services
that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever,
including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service
will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under
any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually
paid by You through the Service or 100 USD if You haven't purchased anything through the Service. To the maximum
extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special,
incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits,
loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or
in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware
used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any
supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or
consequential damages, which means that some of the above limitations may not apply. In these states, each party's
liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any
kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its
Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether
express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of
course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your
requirements, achieve any intended results, be compatible or work with any other software, applications, systems or
services, operate without interruption, meet any performance or reliability standards or be error free or that any
errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the
company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or
availability of the Service, or the information, content, and materials or products included thereon; (ii) that the
Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or
content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on
behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful
components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable
statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in
such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent
enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service.
Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by
contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in
which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48
C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government
embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You
are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and
interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and
the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this
Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor
shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree
that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material
We will make reasonable efforts to provide at least 30 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 Our Service
after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new
terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

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