Terms and Conditions

Last Updated: 22 May 2024

Introduction

Welcome to Nowa, Inc. ("Nowa", "we", "our", "us")! These Terms and Conditions govern your use of our visual app builder services available at https://app.nowa.dev (the “Service”).

Acceptance of Terms

By accessing or using our Service, or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept and agree to be bound by these terms. If you do not agree to these Terms, you must not access or use our Service.

Privacy Policy

Our Privacy Policy, which outlines how we handle the information you provide to us when you use our Service, can be found at https://www.nowa.dev/privacy-policy. You understand that through your use of the Service, you consent to the collection and use of this information.

Services Provided

Nowa provides a platform to build apps. The Service allows users to design, configure, and deploy applications.

Enterprise Service Requirement

If you desire to use our services for or on behalf of any companies, organizations, or other persons or entities with $10 million or more in aggregate revenue, then you must purchase access to our NowaEnterprise service offering. You must agree to NowaEnterprise Terms of Service prior to any such use of our services. You may do so by visiting https://nowa.dev/enterprise or contacting us at team@nowa.dev.

Accounts and Registration

To access most features of the Service, you must register for an account. When you register, you must provide accurate and complete information. You are responsible for the actions on your account and must keep your password secure. We are not liable for any acts or omissions by you in connection with your account.

Subscriptions

• Types of Subscriptions: We offer a freemium model and paid subscription plans. Details of these plans are available at https://nowa.dev/pricing.
• Trial and Billing: Subscription payments are due monthly or annually. All subscriptions begin with a free trial, automatically converting to a paid subscription unless cancelled from the dashboard in your account before the trial ends.
• Cancellation: You may cancel your subscription at any time via your account dashboard or by contacting us at team@nowa.dev. Cancellations take effect at the start of the next billing cycle. There are no refunds for the subscriptions that are already paid.

Limited License

Subject to your compliance with these Terms, Nowa grants you a non-exclusive, non-transferable, revocable license to access and use the Service, strictly in accordance with our Terms and applicable law. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Nowa, in the manner permitted by these Terms.

Payments

We accept various payment methods. You must provide current, complete, and accurate billing and credit card information. You agree to update your information within a reasonable timeframe upon any changes.

Content Ownership

You retain ownership over all content created using our Service, subject to the terms and conditions laid out in these Terms. By using our Service, you grant Nowa a worldwide, non-exclusive, royalty-free license to access, use, process, and display the content as necessary for providing the Service.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates any applicable national or international law or regulation.
• To send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent.

Communications

By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or send us an email at team@nowa.dev

Governing Law

These Terms and Conditions shall be governed by and defined following the laws of the United States. Nowa, Inc. and yourself irrevocably consent that the courts of the United States shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

Arbitration Agreement and Class Action Waiver

Arbitration: You agree to resolve any disputes arising from the use of our Service through binding arbitration, rather than in court. Arbitration uses a neutral arbitrator instead of a judge and jury, and court review of an arbitration award is very limited.

Individual Basis: Disputes must be brought individually, and not as part of any class, consolidated, or representative action. You agree not to participate in a class action, private attorney general action, or collective arbitration against Nowa, Inc.

Opt-Out of Arbitration: You may opt-out of this arbitration agreement. If you do so, neither you nor Nowa, Inc. can force the other to arbitrate. To opt-out, you must notify Nowa, Inc. in writing within 30 days of the date that you first became subject to this arbitration provision.

Jury Trial Waiver: By agreeing to arbitration, you waive any right to a jury trial that you may have.

Intellectual Property Rights

The Service and all content contained within it, including all trademarks, logos, and all other intellectual property rights are owned by Nowa, Inc. or our licensors. Nothing in these Terms grants you a right or license to use any content provided on or through the Service unless explicitly stated in these Terms.

Modifications to the Service

Nowa, Inc. reserves the right at any time to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Nowa, Inc. shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. We will make reasonable efforts to notify you of significant changes to the service where possible. This may include disruptions that could affect your access to the Service or the functionality of the Service.

Third-Party Links and Services

Our Service may contain links to third-party websites or services that are not owned or controlled by Nowa, Inc. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Nowa, Inc. 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 websites or services.

Indemnification

You agree to defend, indemnify, and hold harmless Nowa, Inc. and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Disclaimer of Warranties

You understand and agree that your use of the Service is at your own risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Nowa, Inc. and its subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Limitation of Liability

In no event shall Nowa, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will 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.

Entire Agreement/Severability

These Terms, together with any amendments and any additional agreements you may enter into with Nowa in connection with the Service, shall constitute the entire agreement between you and Nowa concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Nowa's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Arbitration Opt-Out Procedure

If you wish to opt-out of the arbitration and class action/jury trial waiver provisions in these Terms, you must notify us of your decision in writing within 30 days of the date that you first use the Service, or within 30 days of the posting of any amended Terms by sending a letter to Nowa, Inc., Attention: Legal Department, 108 West 13th Street, Wilmington, Delaware 19801. Your notice must include your name and address, your Nowa username (if any), the email address you used to set up your Nowa account (if you have one), and an unequivocal statement that you want to opt-out of the arbitration agreement in Nowa's Terms and Conditions.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Contact Us

For feedback, questions, or more information about our Terms and Conditions, please contact us via email at team@nowa.dev.