I. Acceptance of the Terms of Use

We, NovaSparx, LLC. and our subsidiaries and affiliates (collectively “NovaSparx”, “we”, “us”, “Company”) operate mobile applications, platforms, and other services that power health care solutions on behalf of healthcare providers (our “Services”). If we link or reference these Terms of Use as part of any Services, these Terms will apply to your use of the Services. These Terms of Use are a legal agreement between you and NovaSparx.

THESE TERMS OF USE CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US IN ACCORDANCE WITH THESE TERMS AND WITHOUT A JURY TRIAL, ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION.

Please read the Terms of Use carefully before you start to use the Services. By accessing or using the Services, you accept and agree:

  • To enter into a legally binding agreement with NovaSparx;
  • To be bound by and fully comply with these Terms of Use; and
  • You are at least the age of legal majority in your place of residence and otherwise legally competent to enter into contracts. Alternatively, if you are under the legal age of majority in your jurisdiction or otherwise not legally competent to enter into contracts, your parent or guardian must agree to these Terms of Use on your behalf prior to your use of the Services.

If you do not want to agree to these Terms of Use, you must not access or use the Services.

II. Changes to the Terms of Use and Services

We may modify these Terms of Use at any time and without notice to you, in our sole discretion. All changes are effective immediately when we post them. You can view the most recent version of these Terms of Use at any time at novanav.ai. Your continued use of the Services after publication of revised Terms of Use is deemed to be acceptance of those revisions. We may amend the content on novanav.ai from time to time.

III. Additional Terms

These Terms of Use relate to your use of the Services. Additional specific terms or agreements may apply to a particular Service you use. To the extent there is a conflict between these Terms of Use and those specific terms, the provisions of the specific terms will control.

IV. Note to Patients

NovaSparx provides patient-driven services that allow patients to communicate, coordinate, and manage their medical care with their healthcare provider. When you use these patient-driven services, your use of those services is governed by our Patient Facing Applications Terms of Use, not by these Terms.

V. Accessing the Services and Account Security

We will not be liable if for any reason all or any parts of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. All information we collect through the Services is subject to our Privacy Policy.

VI. Intellectual Property Rights

The Services and its entire contents, features, and functionality are owned by the Company, its licensors, or other providers and are protected by intellectual property laws. These Terms of Use permit you to use the Services for your personal use only. Unauthorized use of the Services will result in the termination of your rights and may violate intellectual property laws.

VII. Trademarks

The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without prior written permission.

VIII. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. Prohibited activities include violating applicable laws, exploiting minors, impersonation, and actions that could harm the Company or other users.

IX. Reliance on Information Posted

The information presented through the Services is made available solely for general information purposes. We disclaim all liability for the accuracy and completeness of such information.

X. Changes to the Services

We may update the content on the Website from time to time, but we are under no obligation to ensure it is up-to-date.

XI. Information About You and Your Visits to the Services

All information we collect is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us in compliance with the Privacy Policy.

XII. Linking to novanav.ai and Social Media Features

You may link to novanav.ai, provided the link does not damage our reputation or suggest endorsement without permission. We reserve the right to withdraw linking permission at any time.

XIII. Links from novanav.ai

novanav.ai may contain links to third-party websites provided for convenience. We do not control and are not responsible for these sites or any damage resulting from your use of them.

XIV. The NovaSparx Marketplace

The NovaSparx Marketplace (the “Marketplace”) allows clients to browse integrated third-party products and services. NovaSparx is not liable for any third-party product or service on the Marketplace, and users must contract separately with those third parties.

XV. Geographic Restrictions

The owner of novanav.ai is based in Massachusetts, USA. Accessing the Services from outside the USA is at your own risk and responsibility for compliance with local laws.

XVI. Disclaimer of Warranties

We do not guarantee that files available for download from the internet or Services will be free of harmful code. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND.

XVII. Limitation on Liability

NovaSparx, its affiliates, licensors, service providers, employees, and agents will not be liable for damages arising out of or relating to your use or inability to use the Services.

XVIII. Indemnification

You agree to defend, indemnify, and hold harmless NovaSparx, its affiliates, licensors, and service providers from any claims or liabilities arising out of your use of the Services.

XIX. Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use shall be governed by the internal laws of Massachusetts. Exclusive jurisdiction for any dispute resides in Suffolk County, Massachusetts.

XX. Limitation on Time to File Claims

ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES OR IT WILL BE PERMANENTLY BARRED.

XXI. Waiver and Severability

If any provision of these Terms of Use is deemed invalid, the remaining provisions will remain in effect.

XXII. Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole agreement between you and NovaSparx regarding the Services, superseding all prior agreements.

XXIII. Your Comments and Concerns

If you have any questions or comments, please contact us at:

NovaSparx, LLC Attn: Chief Compliance Officer
PO Box 631155 Irving, TX 75063-1155