NovusNest Terms of Service

Please read these Terms of Service ("Terms") carefully before using NovusNest, operated by AK Novus LLC ("we", "us", "our"). By creating an account or using the app, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using NovusNest, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the app. If you are using the app on behalf of a family, you represent that you have the authority to bind your family members to these Terms.

2. Account Registration & Eligibility

To use NovusNest, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials.

• You must be at least 13 years old to create an account independently
• Child accounts (under 13) must be created by a parent or legal guardian
• You are responsible for all activity that occurs under your account
• You must notify us immediately of any unauthorized use of your account

3. Family Accounts & Roles

NovusNest is designed for family use. Family groups have the following structure:

• Parent/Admin roles: Can create and manage the family group, invite members, assign tasks, and manage child accounts
• Child/Member roles: Can view and complete assigned tasks, interact with shared lists, and participate in family activities as permitted by admins

Family administrators are responsible for the activity of child accounts they create and manage.

4. User Responsibilities

When using NovusNest, you agree to:

• Use the app only for lawful purposes and in accordance with these Terms
• Not attempt to gain unauthorized access to other users' accounts or data
• Not upload malicious content, viruses, or harmful code
• Not use the app to harass, abuse, or harm others
• Not reverse engineer, decompile, or disassemble the app

5. Subscription & Billing

NovusNest offers both free and premium subscription tiers:

• Free Tier: Includes core features such as grocery lists, task management, calendar events, and limited history (14 days visible, up to 60 days in blurred preview)
• Premium Tier: Includes additional features such as voice input, recipe import with AI-powered photo extraction, unlimited history access, unlimited photo recipe imports, and advanced family management tools

Premium subscriptions are billed through Apple's App Store or Google Play Store. Subscription pricing is displayed at the time of purchase and may vary by region.

• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period
• You can manage or cancel your subscription through your device's app store settings
• Refunds are handled by Apple or Google in accordance with their respective refund policies
• We reserve the right to change subscription pricing with reasonable advance notice

6. User Content & Data Ownership

You retain ownership of all content you create within NovusNest, including grocery lists, tasks, events, and any other data you input. By using the app, you grant us a limited license to store, process, and display your content solely for the purpose of providing the service to you and your family group.

7. Photo Uploads

NovusNest allows users to upload photos for task verification and recipe import purposes. By uploading photos, you represent that:

• You have the right to upload and share the photo within your family group
• The photo does not violate any third party's rights
• You consent to the photo being stored on our servers and viewable by members of your family group

We do not claim ownership of uploaded photos and will delete them upon account deletion or as described in our Privacy Policy.

8. AI-Powered Features

NovusNest uses artificial intelligence (AI) to provide certain features, including recipe extraction from photos. By using these features, you acknowledge and agree that:

• Recipe photo import uses third-party AI services (Anthropic Claude) to extract text and structured data from images you provide
• AI-extracted recipes may contain inaccuracies, particularly with handwritten recipes or low-quality images. You are responsible for reviewing imported recipes for accuracy before saving or using them
• Photos submitted for AI processing are sent to Anthropic's servers for analysis and are subject to Anthropic's usage policies
• Free-tier users are limited to a set number of AI photo imports per month. Premium users have unlimited access
• We do not guarantee the accuracy, completeness, or suitability of AI-generated content

9. Third-Party Content & Attribution

NovusNest integrates third-party content to enhance the user experience:

• Recipe dish photos may be sourced from Unsplash and are provided under the Unsplash License. Attribution to the photographer and Unsplash is displayed alongside these images
• Unsplash photos are provided "as is" and we do not claim ownership of these images
• You may replace automatically sourced photos with your own images at any time

By using features that incorporate third-party content, you agree to comply with the applicable third-party terms of use.

10. Data Retention & History

NovusNest retains historical data (completed tasks, shopping sessions, past events) based on your subscription tier:

• Free Tier: 14 days of fully accessible history; up to 60 days of limited preview; data older than 365 days may be permanently deleted
• Premium Tier: Unlimited history access with no restrictions

You may recreate or restock items from your history at any time within your tier's access window. Upgrading to Premium will immediately unlock all retained historical data.

11. Acceptable Use

You may not use NovusNest to:

• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Transmit spam, chain letters, or unsolicited communications
• Interfere with or disrupt the app's infrastructure or other users' experience
• Collect or harvest other users' personal information

12. Intellectual Property

NovusNest, including its design, code, logos, and branding, is the intellectual property of AK Novus LLC. You may not copy, modify, distribute, or create derivative works based on our app without our express written permission.

13. Beta Features & Active Development

NovusNest is under active development and may include features that are in beta or early access. By using the app, you acknowledge that:

• Features, functionality, and user interface elements may change, be modified, or be removed at any time without prior notice
• Beta or experimental features may not perform as expected and may contain bugs or errors
• We are not liable for any data loss or issues arising from the use of beta features
• Your feedback on beta features is welcome and may be used to improve the app without compensation or attribution

14. Service Availability & Force Majeure

We strive to maintain reliable access to NovusNest, but we do not guarantee uninterrupted availability. The app may be temporarily unavailable due to:

• Scheduled maintenance or updates
• Server outages, hardware failures, or infrastructure issues
• Events beyond our reasonable control, including but not limited to natural disasters, internet service disruptions, power outages, cyberattacks, government actions, or other force majeure events

We shall not be liable for any loss or damage arising from service interruptions caused by circumstances beyond our reasonable control. We will make reasonable efforts to restore service as quickly as possible and to notify users of extended outages.

15. Disclaimer of Warranties

NovusNest is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the app will be uninterrupted, error-free, or free of harmful components. Your use of the app is at your sole risk.

16. Limitation of Liability

To the fullest extent permitted by applicable law, AK Novus LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, profits, or goodwill, arising out of or in connection with your use of NovusNest. Our total aggregate liability for any claims arising from or related to these Terms or your use of the app shall not exceed the amount you have paid us in subscription fees during the twelve (12) months preceding the claim.

17. Indemnification

You agree to indemnify, defend, and hold harmless AK Novus LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or in any way connected with:

• Your use of NovusNest or violation of these Terms
• Content you upload, submit, or share through the app
• Your violation of any rights of any third party
• Any activity that occurs under your account, whether authorized by you or not

18. Dispute Resolution & Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of NovusNest shall be resolved through the following process:

• Informal Resolution: You agree to first attempt to resolve any dispute informally by contacting us at support@aknovus.com. We will attempt to resolve the dispute within 30 days
• Binding Arbitration: If informal resolution fails, any remaining dispute shall be resolved by binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA). Arbitration shall take place in Dallas County, Texas
• Class Action Waiver: You agree to resolve disputes only on an individual basis and waive any right to participate in a class action, collective action, or representative proceeding
• Small Claims Exception: Either party may bring an individual action in small claims court in Dallas County, Texas, if the claim qualifies

This arbitration agreement shall survive termination of your account or these Terms.

19. Termination

We may suspend or terminate your access to NovusNest at any time, with or without cause, and with or without notice. Upon termination, your right to use the app will immediately cease. You may also delete your account at any time through the app. Sections that by their nature should survive termination (including but not limited to Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Dispute Resolution) shall survive any termination of these Terms.

20. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting updated Terms within the app and updating the "Last updated" date. Your continued use of the app after changes are posted constitutes acceptance of the revised Terms. If you do not agree with the updated Terms, you must stop using NovusNest and delete your account.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

22. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.