Terms of Service

Effective Date: August 4, 2025
Last Updated: August 4, 2025

Agreement to Terms

By accessing or using Novarly's mobile applications, website, and related services (the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

Description of Services

Novarly provides mobile applications designed to enhance your daily life, including but not limited to:

• FitCheck: Fitness tracking and health analytics
• WakeGenius: Smart alarm and sleep optimization
• Additional productivity and wellness applications

Eligibility

You must be at least 13 years old to use our Services. If you are under 18, you represent that you have your parent or guardian's permission to use the Services.

User Accounts

Account Creation

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access

Account Responsibilities

You are responsible for:

• All activities that occur under your account
• Maintaining the confidentiality of your login information
• Ensuring your account information remains accurate and up-to-date

Acceptable Use

Permitted Uses

You may use our Services for lawful purposes only, in accordance with these Terms and applicable laws.

Prohibited Uses

You may not:

• Use the Services for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction
• Transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services or servers
• Impersonate any person or entity
• Harvest or collect user information without consent
• Use automated tools to access the Services without permission

User Content

Your Content

You retain ownership of any content you submit, post, or display through our Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content solely to provide and improve our Services.

Content Standards

User Content must not:

• Infringe on intellectual property rights
• Contain offensive, harmful, or inappropriate material
• Violate privacy rights of others
• Include false or misleading information

Content Removal

We reserve the right to remove any User Content that violates these Terms or our community guidelines.

Privacy

Your privacy is important to us. Please review our Privacy Policy, which governs how we collect, use, and disclose your information.

Intellectual Property

Our Rights

The Services and their original content, features, and functionality are owned by Novarly and are protected by copyright, trademark, and other intellectual property laws.

Your Rights

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes.

Premium Features

Subscription Terms

Some features may require a paid subscription. Subscription terms include:

• Automatic renewal unless cancelled
• Pricing as displayed in the app stores
• Cancellation allowed at any time through your account settings

Refunds

Refunds are handled according to the policies of the respective app stores (Apple App Store, Google Play Store).

Disclaimers

"As Is" Basis

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied.

Health and Fitness Disclaimers

• Our wellness apps are for informational and entertainment purposes only
• Sleep tracking features are not medical devices and should not replace professional medical advice
• Fashion and style recommendations are subjective and for entertainment purposes

Content and Community Guidelines

For apps with social features (such as FitCheck):

• Respectful interaction with other users is required
• No harassment, bullying, or inappropriate content
• Fashion feedback should be constructive and respectful
• We reserve the right to moderate content and remove inappropriate posts
• Users must be respectful of diverse body types, styles, and fashion choices

No Medical Advice

Novarly is not a healthcare provider. Our Services do not provide medical advice, diagnosis, or treatment. Fashion and style recommendations are subjective and for entertainment purposes only.

Limitation of Liability

To the maximum extent permitted by law, Novarly shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Damages exceeding the amount paid for our Services in the 12 months preceding the claim

Indemnification

You agree to indemnify and hold Novarly harmless from any claims, damages, losses, or expenses arising from:

• Your use of the Services
• Violation of these Terms
• Infringement of any third-party rights

Termination

By You

You may terminate your account at any time by contacting us or using the account deletion feature in our apps.

By Us

We may terminate or suspend your account immediately if you:

• Violate these Terms
• Engage in fraudulent activity
• Pose a security risk to our Services

Effect of Termination

Upon termination:

• Your right to use the Services ceases immediately
• We may delete your account and data (subject to legal requirements)
• Certain provisions of these Terms will survive termination

Governing Law

These Terms are governed by the laws of [Your Jurisdiction] without regard to conflict of law principles.

Dispute Resolution

Informal Resolution

Before filing any formal legal action, you agree to first contact us to attempt to resolve any dispute informally.

Binding Arbitration

Any disputes not resolved informally shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization].

Changes to Terms

We may modify these Terms at any time. We will notify users of material changes via:

• Email notification
• In-app notifications
• Website notices

Continued use of our Services after changes constitutes acceptance of the new Terms.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Contact Information

For questions about these Terms, please contact us:

• Email: legal@novarly.com
• Address: [Your Business Address]
• Website: [Contact Form Link]

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and Novarly.

© 2025 Novarly. All rights reserved.