These Terms and Conditions ("Terms") govern your access to and use of the websites, services, communities, assessments, training materials, templates, software-enabled workflows, consulting services, AI implementation services, communications, and other offerings provided by Opennova AI Inc. ("NOVA," "Company," "we," "us," or "our").
NOVA is a California corporation based in California, United States. By accessing or using our website or services, creating an account, submitting an assessment, purchasing a service, joining a community, or otherwise interacting with us, you agree to these Terms. If you use the services on behalf of a company, fund, brokerage, lender, investment firm, or other organization, you represent that you have authority to bind that organization, and "you" includes that organization.
These Terms are intended for general website and service use. They do not replace any signed master services agreement, statement of work, subscription order, data processing agreement, confidentiality agreement, business associate agreement, or other written agreement between you and NOVA. If a separate signed agreement conflicts with these Terms, the signed agreement controls for the covered services.
These Terms are not legal advice. You should have qualified counsel review them for your specific business model, paid offerings, subscription flows, industry obligations, and jurisdictions where you operate.
1. Our Services
NOVA provides AI enablement, implementation, training, consulting, automation, workflow design, operational diagnostics, community education, templates, playbooks, and related technology services, with a focus on real estate, finance, operations, and adjacent business workflows.
Our services may include:
- Website content, articles, videos, landing pages, and assessment tools
- AI implementation assessments and diagnostic reports
- Consulting, advisory, training, and implementation support
- Templates, workflows, automations, prompt libraries, and playbooks
- Community access, events, calls, workshops, and recordings
- Software, scripts, integrations, data connectors, and AI-assisted workflows
- Client portals, forms, surveys, support channels, and communications
We may change, suspend, discontinue, or restrict any part of the services at any time, subject to any separate written agreement that applies to paid work.
2. Eligibility and Account Responsibility
You must be at least 18 years old and able to enter into a binding contract to use our services. If you create an account or access a private community, client portal, shared workspace, or other protected area, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
You agree to provide accurate, current, and complete information and to update it when necessary. You must notify us promptly at support@opennova.co if you believe your account, credentials, client workspace, or project materials have been compromised.
3. Orders, Proposals, and Paid Services
Paid services may be described in proposals, order forms, checkout pages, invoices, subscription plans, statements of work, or written communications accepted by both parties. Unless otherwise stated in a signed agreement:
- Fees are due when stated on the invoice, checkout page, or order form.
- You are responsible for all applicable taxes, duties, and governmental charges, except taxes based on our net income.
- We may suspend or limit paid services for late payment, failed payment, suspected fraud, abuse, security risk, or violation of these Terms.
- Fees are non-refundable except as expressly stated in the applicable order, required by law, or agreed by us in writing.
- Any estimates, timelines, deliverables, or implementation outcomes depend on your cooperation, timely access, accurate information, third-party systems, and other project assumptions.
4. Subscriptions, Automatic Renewals, and Cancellation
Some services may be sold as subscriptions, memberships, retainers, community access plans, or other recurring services. If you enroll in an automatically renewing or continuous service plan, you authorize us or our payment processor to charge your payment method at the stated price and frequency until you cancel or the plan ends.
For California consumers and where otherwise required by law:
- We will present automatic renewal or continuous service terms clearly before purchase.
- We will obtain your express affirmative consent before charging you for an automatic renewal or continuous service.
- We will provide an acknowledgment that includes the renewal terms, cancellation policy, and information on how to cancel.
- If a plan has an initial term of one year or longer and automatically renews, we will provide the renewal notice required by law.
- If a free or discounted trial lasting more than 31 days converts to a paid recurring plan, we will provide the conversion notice required by law.
- If you accept a fee change for an existing recurring plan, we will provide the notice required by law before the fee change takes effect.
- We will provide annual reminders for applicable automatic renewal or continuous service plans.
- If you enroll online, you will be able to cancel online without unreasonable obstruction or delay.
Unless a different cancellation method is stated in your order or account settings, you may cancel by using the cancellation method provided at enrollment, through your account or checkout provider, or by emailing support@opennova.co. Cancellation stops future recurring charges but does not automatically refund amounts already paid unless required by law or stated in a separate written agreement.
5. Acceptable Use
You agree not to misuse the services. You may not:
- Violate any applicable law, regulation, contract, intellectual property right, privacy right, or third-party right
- Submit unlawful, deceptive, defamatory, harassing, abusive, discriminatory, obscene, infringing, or harmful content
- Upload malware, scripts, scraping tools, or code intended to disrupt, damage, monitor, or gain unauthorized access to systems
- Probe, scan, test, bypass, or interfere with security, authentication, rate limits, or access controls
- Reverse engineer, copy, resell, sublicense, or commercially exploit our materials or services except as expressly permitted
- Use our services to make automated decisions about individuals where prohibited by law or without required notices, rights, safeguards, and human review
- Use AI-generated outputs in a way that violates fair housing, employment, credit, lending, consumer protection, anti-discrimination, privacy, or other applicable laws
- Misrepresent your identity, affiliation, authority, qualifications, or endorsement by NOVA
- Use our communities, events, or communications for spam, scraping, unsolicited promotions, or list building
We may remove content, restrict access, suspend accounts, or terminate services if we believe these Terms have been violated or if continued access creates legal, operational, reputational, or security risk.
6. AI, Automation, and Professional Judgment
Our services may involve artificial intelligence systems, third-party models, prompts, automations, scoring tools, generated content, workflow recommendations, and other AI-assisted outputs. AI systems may produce incomplete, inaccurate, biased, outdated, or unsuitable outputs.
You are responsible for reviewing, validating, and approving all AI-assisted outputs before relying on them or using them with customers, clients, investors, tenants, borrowers, employees, regulators, or other third parties. You are also responsible for determining whether your use of AI complies with laws, contracts, professional obligations, industry rules, platform terms, and internal policies.
Unless expressly agreed in a signed writing, NOVA does not provide legal, tax, accounting, investment, brokerage, appraisal, lending, insurance, employment, fair housing, consumer reporting, or other regulated professional advice. Our materials and recommendations are for operational, educational, technical, and implementation purposes.
7. Client Data and Your Responsibilities
You may provide business data, documents, workflows, credentials, prompts, customer records, deal information, financial information, property information, training materials, system access, or other materials ("Client Data") for us to perform services.
You represent and warrant that you have all rights, permissions, notices, consents, and lawful bases needed to provide Client Data to us and to authorize us to process it for the requested services. You are responsible for the accuracy, quality, legality, and completeness of Client Data.
You should not provide highly sensitive information unless it is necessary for the project and appropriate safeguards have been agreed. This includes Social Security numbers, government IDs, protected health information, consumer credit information, payment card data, account passwords, private keys, or regulated data subject to special handling.
Where a data processing agreement, confidentiality agreement, or other written data handling agreement applies, that agreement controls our handling of covered Client Data.
8. Privacy
Our collection, use, disclosure, and protection of personal information is described in our Privacy Policy. The Privacy Policy is incorporated into these Terms by reference. By using the services, you acknowledge that we may process personal information as described in the Privacy Policy and any applicable service agreement.
9. Intellectual Property
NOVA and its licensors own all rights, title, and interest in and to the services, website, brand, trademarks, logos, designs, software, code, templates, frameworks, playbooks, reports, training materials, workflows, prompts, methodologies, documentation, videos, community materials, and other content we provide, except for Client Data and materials owned by you or third parties.
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the services and materials for your internal business purposes or the purpose stated in the applicable order.
Unless expressly allowed in writing, you may not copy, publish, resell, distribute, train competing systems on, remove attribution from, or create a competing product or service using our materials, frameworks, templates, workflows, or content.
10. Feedback and Suggestions
If you provide ideas, feedback, suggestions, requests, or recommendations, you grant NOVA a perpetual, worldwide, irrevocable, royalty-free license to use them without restriction or compensation, provided that we will not intentionally disclose your confidential information in doing so.
11. Confidentiality
Each party may receive non-public business, technical, financial, operational, strategic, customer, vendor, personnel, security, or other confidential information from the other party. The receiving party will use reasonable care to protect confidential information and will use it only for the purpose of providing or receiving the services.
Confidential information does not include information that is publicly available without breach, already known without restriction, independently developed without use of the confidential information, or rightfully received from a third party without a duty of confidentiality.
The receiving party may disclose confidential information to employees, contractors, advisors, service providers, and agents who need to know it and are bound by confidentiality obligations. The receiving party may also disclose confidential information if required by law, court order, subpoena, or government request, provided that it gives legally permissible notice and cooperates with reasonable protective measures.
12. Third-Party Services
Our services may integrate with or link to third-party platforms, models, software, APIs, payment processors, analytics tools, hosting providers, community platforms, CRMs, data sources, and other services. Third-party services are governed by their own terms and policies.
We are not responsible for third-party services, including their availability, security, data handling, model behavior, output quality, pricing, downtime, changes, or errors. Your use of third-party services may require separate accounts, permissions, payments, notices, or agreements.
13. Publicity
Unless you tell us otherwise in writing or a separate agreement states otherwise, you authorize us to identify your organization as a client or customer using your name and logo in customer lists, pitch materials, and website materials. We will not publish case studies, confidential project details, performance metrics, testimonials, or sensitive implementation details without your consent.
14. Disclaimers
To the fullest extent permitted by law, the services and materials are provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, security, or error-free operation.
We do not warrant that:
- The services will meet your requirements or produce any specific business, financial, operational, investment, compliance, or technology outcome
- AI outputs, recommendations, scores, templates, workflows, or reports will be accurate, complete, current, lawful, unbiased, or suitable for your use case
- The services will be uninterrupted, secure, timely, or free of errors, malware, or harmful components
- Third-party platforms, models, tools, data sources, or integrations will continue to operate or remain available
Some jurisdictions do not allow certain warranty disclaimers, so some disclaimers may not apply to you.
15. Limitation of Liability
To the fullest extent permitted by law, NOVA and its officers, directors, employees, contractors, affiliates, agents, licensors, and service providers will not be liable for indirect, incidental, consequential, special, exemplary, punitive, enhanced, or lost-profit damages, including lost revenue, lost business, loss of goodwill, loss of data, business interruption, or cost of substitute services, even if advised of the possibility of such damages.
To the fullest extent permitted by law, NOVA's total liability for all claims arising out of or relating to the services or these Terms will not exceed the greater of: (a) the amount you paid to NOVA for the service giving rise to the claim during the three months before the event giving rise to liability; or (b) one hundred U.S. dollars ($100).
These limits do not apply to liability that cannot be limited under applicable law, including where prohibited for fraud, intentional misconduct, gross negligence, or certain statutory rights.
16. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless NOVA and its officers, directors, employees, contractors, affiliates, agents, licensors, and service providers from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
- Your use or misuse of the services
- Your Client Data, content, instructions, decisions, or implementation choices
- Your violation of these Terms or applicable law
- Your violation of third-party rights, including privacy, intellectual property, confidentiality, publicity, consumer protection, fair housing, lending, employment, or anti-discrimination rights
- Your use of AI outputs, automations, recommendations, workflows, reports, or integrations
We reserve the right to control the defense of any matter subject to indemnification, and you agree to cooperate with our defense.
17. Termination
You may stop using the services at any time. We may suspend or terminate your access to any service if you violate these Terms, fail to pay amounts due, create security or legal risk, misuse services, infringe rights, or if we discontinue the relevant service.
Termination does not affect any payment obligations, accrued rights, confidentiality obligations, intellectual property restrictions, disclaimers, limitations of liability, indemnification obligations, dispute resolution provisions, or other provisions that by their nature should survive termination.
18. Governing Law
These Terms are governed by the laws of the State of California and the United States, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement below where applicable.
If the arbitration agreement does not apply to a claim, the state and federal courts located in California will have exclusive jurisdiction, except that either party may bring an eligible claim in small claims court.
19. Dispute Resolution and Arbitration
Please contact us first at support@opennova.co so we can try to resolve any issue informally.
To the fullest extent permitted by law, you and NOVA agree that any dispute, claim, or controversy arising out of or relating to these Terms or the services will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules, unless the claim qualifies for small claims court or another exception below applies.
You and NOVA agree that:
- Arbitration will be conducted on an individual basis, not as a class, collective, consolidated, representative, or private attorney general action, except where applicable law does not allow waiver of such rights.
- The arbitrator may award individual relief available in court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.
- Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property, confidential information, data security, or unauthorized system access.
- Either party may bring an eligible claim in small claims court.
- Nothing in these Terms prevents you from reporting concerns to a government agency or participating in a government investigation.
If any part of this arbitration section is found unenforceable, it will be severed or limited to the minimum extent necessary, and the remaining provisions will remain in effect, except where severance would materially alter the parties' agreement to arbitrate.
20. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you, such as posting the updated Terms, changing the "Last Updated" date, or sending notice through an account, email, invoice, community, or other service channel.
Your continued use of the services after updated Terms become effective means you accept the updated Terms. If you do not agree to the updated Terms, you must stop using the services and cancel any recurring services as described above.
21. Miscellaneous
These Terms, together with any referenced policies and applicable written orders, are the entire agreement between you and NOVA regarding the services covered by these Terms. If any provision is found unenforceable, the remaining provisions will remain in effect. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, or by operation of law.
Our failure to enforce any provision is not a waiver. Headings are for convenience only. These Terms do not create a partnership, joint venture, employment, agency, fiduciary, franchise, or exclusive relationship between you and NOVA.
22. Contact
If you have questions about these Terms, contact us at:
Opennova AI Inc. California, United States support@opennova.co