PRIOR TO ACCESSING OUR WEBSITE OR USING OUR SERVICES, PLEASE CAREFULLY READ THIS LEGAL DISCLAIMER AND TERMS OF SERVICE.

This Legal Disclaimer and the Terms of Service (the “Terms”), as outlined below, apply to all users of the Website (as defined below), current customers (as defined below), and potential customers.

You & US

Noviatify, also known as Noviatify inc, offers online services through its website and other communication channels. Users, including customers and visitors, are subject to the Terms outlined. These Terms govern access to services, and by using them, users agree to be bound by these Terms. No fees are charged unless explicitly stated. Users may be asked to confirm agreement through actions like clicking buttons. Personal data may be stored, and permission is granted for the personal use of included software. The information provided is not legal advice, and it’s subject to the Terms. Noviatify can update these Terms, with changes effective immediately upon communication. Using the services after changes implies consent.

Informational Purposes Only 

“At Noviatify, our primary goal is to offer valuable general information rather than specific advice, be it legal or otherwise. The content provided serves informational purposes and doubles as an advertisement for our services. We emphasize that we do not aim to represent individuals seeking legal assistance based on their interaction with our website or information received through various channels such as email or phone conversations. 

Visitors and recipients are strongly encouraged not to take immediate action based solely on the information provided but to consult with legal counsel. It’s important to note that the content on our website does not constitute professional or legal advice, nor does it imply a recommendation from Noviatify, its representatives, or agents. 

Noviatify operates exclusively at the direction of our customers, focusing on their specific needs. We want to clarify that we do not provide legal, tax, or accounting advice or services, and any information provided by Noviatify should not be construed as such. 

It’s crucial to understand that the transmission and receipt of materials from Noviatify are not intended to establish an attorney-client relationship. Additionally, providing information through our website or other forms of transmission does not create a business, legal, or professional relationship.”

Information Provided As-Is 

Information acquired from Noviatify or its website should not serve as a replacement for legal advice from a qualified attorney. The information is provided “as is,” without any guarantee of accuracy, completeness, or timeliness. Noviatify explicitly disclaims all warranties and denies any liability or responsibility for any loss, claim, liability, or damage arising from or related to errors or omissions in the content provided by Noviatify or its website. 

Content 

In the context of our Services and Website, any information, text, graphics, photos, or materials, including Personal Data, collectively referred to as “Content,” may be uploaded, downloaded, or appear. Customer Content, provided by you, should be warranted to have all necessary rights. 

Apart from Customer Content, Noviatify Content (owned by us) and Third-Party Content (from partners or entities) exist, which you may use for personal use only. Sharing Content with others requires prior written permission. Noviatify owns the Services, Noviatify Content, and associated intellectual property, including copyrights and trademarks. Removing or altering copyright notices is prohibited. 

Responsibility for all Content lies with the originator, and Noviatify does not actively monitor it. Noviatify is not liable for any Content errors or omissions or any loss or damage incurred from Content use. Your use of Content on the Website or through the Services is at your own risk. Noviatify does not guarantee the completeness, truthfulness, accuracy, or reliability of any Content. You acknowledge potential exposure to offensive or inappropriate Content. 

By using the Services, you grant Noviatify a broad license to use, distribute, and commercialize Customer Content. You retain ownership rights to Customer Content. You are responsible for your use of the Services and Content. 

Providing Customer Contact Information gives Noviatify permission to contact you via that information for various purposes, including marketing. 

Minimum Age 

To register and use our Services, individuals must be at least 18 years old. By registering, you confirm that you have the right, authority, and capacity to agree to these Terms. If someone under the age of 18 (“Young Person”) submits any Content, their parent or guardian may contact us, and we will promptly delete the provided Content. 

Privacy 

 
When you submit certain types of Content to us, it may include sensitive information such as gender, ethnic origin, nationality, age, religion, sexual orientation, health information, or other Personal Data about you or others. With each use of our Services or submission of Personal Data or other Content, you affirm your consent to the collection, storage, processing, use, sharing, and onward transfer of your Personal Data and any other submitted Content. This consent aligns with the current version of these Terms and the Privacy Policy as of the date of your submission. 

It’s important to note that any Personal Data or other Content processed by a partner or third party is governed by the privacy policy or agreements of that specific partner or third party. We do not take responsibility for the privacy practices, security, or other aspects of any partner or third party, unless expressly stated in the current version of these Terms and the current Privacy Policy. 

We retain the right to access, read, preserve, and disclose any Content, data, or other information (including Personal Data) as deemed reasonably necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to customer support requests; or (v) protect the rights, property, or safety of Noviatify, the Services, our customers, and the general public. 

Noviatify inc’s California Consumer Privacy Act Policy 

1. Introduction

Noviatify collects and processes Personal Data from users, including their gender, ethnic origin, nationality, age, religion, sexual orientation, and health information. Users confirm their consent to the collection, storage, processing, use, sharing, and transfer of their Personal Data. However, any data collected by a partner or third party is subject to their privacy policy or agreements. Noviatify is not responsible for the privacy practices, security, or processes of any partner or third party, except as stated in the current version of these Terms and Privacy Policy. Noviatify reserves the right to access, read, preserve, and disclose any Content, data, or information as necessary to satisfy laws, enforce terms, detect fraud, address technical issues, respond to customer support requests, and protect Noviatify, its services, customers, and the general public. 

2. Information We Collect

We may collect personal information from you, including identifiers, personal information listed in the California Customer Records statute, commercial information, internet activity, protected classifications under California federal law, geolocation data, audio, electronic, or visual information, and professional or employment-related information. These categories include identifiers, commercial information, internet browsing history, protected classifications under California federal law, GPS data, audio, electronic, or visual information, and job titles. 

3. How We Use Your Information

We use your personal information for various purposes, including providing products and services, processing transactions, personalizing website experiences, sending marketing communications, responding to inquiries, improving our services, and complying with legal obligations.

4. Sharing Your Information

We may share your personal information with service providers, affiliates, subsidiaries, partners, lenders, professional advisors, third parties with your consent, and legal authorities as required by law. This includes internal and external services. 

5. Your CCPA Rights

California residents have the right to access, request, and opt out of their personal information, as well as the right to non-discrimination, regarding the collection, deletion, opt-out, and sale of their data. 

6. Exercising Your Rights/Opting Out

To exercise your rights, contact us at support@noviatify.com or +1 406-519-6893, and verify your identity before processing your request. You can also designate an authorized agent. 

7. Our Retention:

We will only retain information for the disclosed purpose, determined by factors such as the duration of our relationship, the legal obligation we are under, and the legal position we are in, and not longer than necessary. 

8. Changes to This Policy

This policy is subject to periodic updates, with the latest version always available on our website, along with the Effective Revision Date.

9. Contact Us

if you have any questions or concerns about this policy, please do not hesitate to contact us. 

Noviatify is a company that respects your privacy and is obligated to inform you about how we collect, use, and share your personal information in accordance with the California Consumer Privacy Act (CCPA). Starting January 1, 2020, California residents have certain rights regarding their personal information, with limited exceptions. 

The Information we Collect: 

We gather various types of personal information, such as identifiers, California Customer Records statute-listed personal information, commercial data, internet activity, GPS data, audio, electronic, or visual information, and inferences derived from your data, such as purchase history, browsing history, and recordings of calls to or from our customer service centers. 

Purposes of Collection: 

We use your personal information for various purposes including product or service provision, transaction processing, product improvement, marketing and promotions, and website usage analysis. 

Disclosure of Information: 

We may share your personal information with service providers, contractors, affiliates, legal authorities, lenders, professional advisors, and third parties for business purposes, marketing, legal and regulatory authorities, and for valid business purposes within our net 

Your Rights: 

California residents have the right to understand their personal information, delete it, opt out of its sale, and ensure non-discrimination in exercising their CCPA rights. 

Our Retention: 

We will only retain information for the disclosed purpose, determined by factors such as the duration of our relationship, the legal obligation we are under, and the legal position we are in, ensuring it is not deemed advisable. 

Contact Us: 

We will only retain information for the disclosed purpose, determined by factors such as the duration of our relationship, the legal obligation we are under, and the legal position we are in, ensuring it is not deemed advisable. 

The Privacy Policy can be accessed at https://www.noviatify.com/privacy-policy for more information on our privacy practices. 

Third-party Sites 

Noviatify’s website links to servers owned by other businesses and organizations, but it cannot guarantee the accuracy or source of information or the content of any downloaded files. The website does not endorse or recommend these third parties, and accessing and downloading materials from these sites is at the customer’s own risk, and Noviatify is not responsible or liable for any such actions. 

The information provided by third parties is provided without any warranty regarding its legal effect or completeness. 

Third-party charges, including auto-renew fees for registered agents and other services, cannot be reversed, discounted, or altered after they have been applied to your account. 

Disclaimer of Warranties 

Noviatify disclaims all implied warranties and representations, including those of MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, and NONINFRINGEMENT. If you are dissatisfied or feel hurt by Noviatify or the services, you may stop using them. The company does not guarantee that the services will result in financial benefits or success for customers. The company does not guarantee that the services will function without interruption or errors, and they disclaim liability for any malfunctions, access issues, or poor use conditions due to inadequate equipment, internet service providers, network saturation, or other reasons. 

Cancellation Policy and Termination 

Noviatify reserves the right to refuse or cancel existing Services for any reason, including misuse of promotions. Misuse of promotions, such as state incorporation promotions, can result in the company refusing service or canceling orders. Noviatify is not responsible for any damage or loss resulting from such refusals or cancellations. Promotions can only be used once by a customer, and attempting to use them multiple times is considered misuse. 

An order is generally refundable until payment is forwarded to a government entity or third party, typically within 24 hours. Noviatify cannot accept cancellations or changes to an order once payment has been forwarded. In trademark filings, Noviatify cannot accept cancellations or changes once a trademark search has been conducted or payment has been made to the U.S. Patent and Trademark Office. To request an order cancellation, the order must be in Review status and placed on hold by clicking on the make changes button in the order confirmation email. Instructions to cancel an order or any other changes cannot be accepted by telephone or email. Noviatify does not dispute legitimate chargebacks, but if an illegitimate or improper chargeback is submitted, Noviatify reserves the right to take appropriate actions, including canceling subscriptions or other services and dissolving any entity formed for which payment was charged back or disputed by the customer. The customer is liable for all costs incurred by Noviatify in dissolving the legal entity. If Noviatify is unable or unwilling to dissolve the entity, the customer agrees to dissolve it promptly or abandon the trademark filing. Noviatify also reserves the right to dissolve any fraudulently formed legal entity, and the person who forms such entity is liable for liquidated damages. 

We reserve the right to terminate these Terms at any time, with or without notice, and any termination will be effective immediately or as specified in our notice. 

Noviatify reserves the right to restrict, suspend, or block access to any customer who abuses or misuses the Services, including infringing on intellectual property rights, using the Services for spam, engaging in prohibited activities, or any behavior that contradicts Noviatify mission and purpose. 

Termination of the Services may result in loss of access, and we may block access from IP addresses associated with terminated customers. Licenses and rights granted will cease immediately, but licenses granted will survive termination. Unpaid fees invoiced prior to termination will continue, and no refunds will be provided for payments made. 

Auto-renewal Services and Price Changes 

Noviatify offers services that automatically renew to ensure compliance with state or government requirements. Customers can cancel their Registered Agent service by assigning a new agent and notifying Noviatify . If notification is not provided by the expiration date, Noviatify may automatically renew the service. If payment failure occurs, Noviatify may cancel the service at its discretion. Credit card information used for renewal and subscription services will not be used for other purposes without customer consent. Noviatify and its registered agent partner, Legal Inc, protect customer data under the Privacy Policy. Prices for services advertised on Noviatify are subject to change without notice. 

Lawful Use 

The customer agrees to not use Noviatify’s information, products, services, or materials for fraud, illegal acts, misrepresentation, falsification, or misrepresentation of facts. They are responsible for any costs incurred by Noviatify if they fail to comply. The customer accepts full liability and indemnifies Noviatify, its owners, agents, employees, representatives, and providers from any damages, claims, demands, judgments, expenses, and causes of action arising from their use or misuse of the information. They also agree to give Noviatify complete authority to sign documents on their behalf for order completion or modification. 

Noviatify reserves the right to investigate complaints or violations of its Terms and take necessary actions, including reporting suspicious or unlawful activity to law enforcement or third-parties. It may disclose customer-submitted information, profiles, email addresses, usage reports, IP addresses, customer traffic, and other Customer Content. As a condition to accessing the Website and using the Services, users agree to comply with applicable laws, provide accurate information, review the Privacy Policy, and not act dishonestly or unprofessionally by posting inappropriate or objectionable Content. Users also agree not to use software, devices, scripts, robots, or other means to access or “crawl” web pages or Services, and not to override security components. 

Post-Formation Information and Maintenance 

The customer is responsible for post-formation maintenance, reporting, filings, and documentation required for compliance with government agencies and oversight commissions. Noviatify may provide updates, notifications, and reminders as a courtesy, but does not create liability. Noviatify is not responsible for the customer’s actions, failure to access information, or Noviatify’s decision to cease providing it. The information provided is not comprehensive or timely, and the customer is responsible for complying with all applicable laws. Noviatify makes no representation or warranty regarding the comprehensiveness or timeliness of the information. 

Limitation of Liability 

NOVIATIFY is not liable for any damages, losses, claims, or injuries resulting from the use of their website or services. They are not liable for damages exceeding the fees paid during the calendar year in which the event occurs or $100, whichever is greater. NOVIATIFY and its affiliates are not liable for any damages beyond these limits. 

NOVIATIFY and its affiliates are not liable for any special, incidental, indirect, punitive, or consequential damages or loss of use, profit, reserve, or data to you, any entity, or any third person, regardless of whether your claim is based on contract, tort, statute, or if the limited remedies provided fail their essential purpose. 

Waiver and Release 

The customer agrees to release Noviatify from any claims, losses, demands, or liability related to their use of Noviatify’s information or Services. They also acknowledge that third parties providing fulfillment services on Noviatify’s behalf, including auto-renew fees, cannot be subject to refunds or discounts after charges have been applied to the customer’s account. 

Indemnification 

The customer agrees to indemnify, defend, and hold harmless Noviatify, its owners, partners, affiliates, representatives, employees, agents, licensors, suppliers, and third party providers from all claims, losses, expenses, damages, and costs arising from their use of Noviatify’s information or Services. This includes legal costs and fees, as well as any acts, omissions, negligence, or errors by these entities. The customer’s use of Noviatify’s services is a condition of their agreement. 

You agree to defend and indemnify Noviatify and its partners, subsidiaries, and affiliates from claims, liabilities, damages, losses, and expenses related to your Content, access to or use of Services, alleged breaches of Terms, third-party rights, violations of laws, rules, regulations, codes, statutes, ordinances, or orders of governmental and quasi-governmental authorities, and misrepresentation. Noviatify reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. The customer must cooperate as requested by Noviatify in the defense of any claim, and settlement must be done with prior written consent from Noviatify, which Noviatify may refuse in its sole discretion. 

Choice of Law and Binding Arbitration 

Noviatify’s dispute resolution process involves a single arbitrator with at least five years of relevant field expertise and not being a contract agent or former employee of either party. If the parties cannot agree on a single arbitrator, an arbitrator appointed by the American Arbitration Association (AAA) within ten days of seeking assistance is appointed. The arbitration will be conducted in accordance with the AAA’s Commercial Rules and procedures and will take place in Houston, Texas, or an alternate location. The arbitration will not last more than three days, with no discovery other than the exchange of information and materials. The arbitrator’s final decision will be issued within 90 days after the selection date or within a mutually agreed period. The arbitrator has the authority to award equitable relief and direct, actual damages, but not punitive or consequential damages. In cases where a user acted fraudulently or willfully, or a customer requests a chargeback without sufficient justification, the arbitrator may award liquidated damages and legal fees and costs in favor of Incfile. Each party is responsible for an equal sharing of the arbitrator’s fees, expenses, and costs, and their own costs and counsel fees. The arbitrator’s decision is final and binding and cannot be appealed. 

The Terms and actions are governed by Texas and federal laws, without considering conflicts of laws or customer location. Any disputes arising from these Terms, Privacy Policy, Services, or performance will be resolved by an English-speaking arbitrator in binding arbitration. Hearings will be conducted via audio or video conference to accommodate distant parties. The arbitrator’s award is final and binding, and can be enforced in any court of competent jurisdiction. If the arbitrator determines the dispute is not arbitrable, the parties consent to the exclusive jurisdiction and venue of state and federal courts in Houston, Texas. Noviatify can, at its discretion, choose not to arbitrate a dispute and file suit in Houston, Texas. 

General Provisions 

Severability. If a court or arbitrator deems a provision of these Terms illegal, void, or unenforceable, it will be modified to make it enforceable and effective. If the modified provision is deemed invalid, the remaining provisions of these Terms will remain valid and enforceable. 

Entire Agreement. The Terms constitute the sole agreement between you and us regarding the Services, superseding any prior agreements or understandings. You acknowledge having reviewed these Terms and our Privacy Policy with your preferred counsel. 

No Informal Waivers, Agreements or Representations. Failure to act on a breach of these Terms does not waive the other party’s right to act on subsequent breaches. Legal representations, statements, consents, waivers, or omissions are not binding unless documented in writing, referring to the Terms and stating the intent to modify or supplement them. 

Assignment and Delegation. You cannot assign or delegate rights or obligations under the Terms without Noviatify’s written permission. Any attempted delegation will be ineffective. Noviatify can freely assign or delegate rights and obligations, effective through sending a notice to the designated email address or posting a notice on the Website. 

The customer acknowledges and agrees with the legal disclaimer and its terms and conditions.