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Terms and Conditions
Last updated: 15 October 2024
These Terms and Conditions (“Terms”) govern the use of services and platforms provided by NOVA, a division of Cureative (“NOVA,” “We,” “Us,” or “Our”), through www.cureative.studio/nova and other related websites, applications, or platforms operated by NOVA that link to these Terms (collectively, “Websites”). By using Our Websites and services, you agree to these Terms. If you do not agree, you may not access or use the Websites or services.
These Terms may be supplemented by additional agreements specific to Our services, such as subscription agreements or design project agreements (“Service Agreements”). In case of any conflict between these Terms and a Service Agreement, the Service Agreement shall prevail.
1.
Modification of Terms
We reserve the right to modify these Terms at any time. Any modifications will be effective immediately upon posting on the Websites. Continued use of our Websites or services after such modifications will constitute your acceptance of the revised Terms.
2.
Subscription Model & Services
2.1 Subscription Agreement
By subscribing to NOVA’s services, you commit to a minimum subscription term of 12 months. The subscription operates on a flexible credit system, allowing you to switch between subscription levels and roll over unused credits for up to 3 months.
2.2 Credits System
Credits are allocated based on your subscription plan. Each project or task deducts credits depending on its scope. Unused credits can roll over for up to 3 months. After this period, unused credits expire. You may purchase additional credits if needed or upgrade your subscription.
2.3 Deliverables & Services Provided
NOVA provides 16 core design services, including but not limited to branding, web design, UI/UX design, marketing collateral, and animations. Timelines for project delivery depend on the complexity and scope of each task. Exact timelines will be agreed upon when project briefs are submitted.
2.4 Account Suspension & Termination
NOVA reserves the right to suspend or terminate your account for non-payment, breach of these Terms, or other violations of the Service Agreement. Early cancellation by you, outside the agreed 12-month commitment, may result in an early termination fee as outlined in your Service Agreement.
3.
Ownership of Work & Intellectual Property
3.1 Client Ownership of Final Deliverables
Upon full payment and project completion, the Client will own the rights to the final deliverables, including the final designs provided by NOVA.
3.2 NOVA’s Ownership of Working Files
NOVA retains ownership of all working files, preliminary designs, and drafts used in creating the final deliverables. These materials will not be provided to the Client unless otherwise agreed in writing.
3.3 License to Use NOVA Materials
NOVA grants the Client a non-exclusive, non-transferable license to use the final deliverables for the intended purpose, as outlined in the project brief. You may not resell or redistribute these materials without written permission from NOVA.
3.4 Portfolio and Promotional Use
NOVA reserves the right to showcase final deliverables in Our portfolio, marketing materials, and case studies unless otherwise specified in writing by the Client.
4.
Payment & Pricing
4.1 Subscription Fees
Subscription fees are based on the level of credits and services selected. Payment is required according to the billing schedule outlined in the subscription plan, either monthly or annually. Failure to make timely payments may result in suspension or termination of services.
4.2 Refund Policy
All sales and subscription fees are final, and no refunds are offered unless specified in the Service Agreement. If NOVA is unable to deliver services as agreed due to extraordinary circumstances, We may offer credits or an extension of the subscription term.
4.3 Taxes
The Client is responsible for any taxes, duties, or levies related to the use of NOVA’s services. Prices listed do not include taxes unless otherwise stated.
5.
User Conduct Guidelines
By using NOVA’s Websites, you agree not to interfere with the operation of the Websites, upload harmful content, or infringe upon the intellectual property or privacy rights of others. You agree to provide accurate and up-to-date information when registering or providing feedback.
6.
Copyright & DMCA Policy
NOVA respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe your content has been infringed upon, please notify NOVA’s DMCA agent at hello@cureative.studio.
7.
Disclaimer of Warranties
NOVA’s Websites and services are provided on an "as-is" basis. We do not guarantee that the Websites or services will be uninterrupted or error-free. NOVA disclaims all warranties, express or implied, regarding the accuracy, reliability, or results from using Our services.
8.
Limitation of Liability
To the fullest extent permissible by law, NOVA and its affiliates shall not be liable for indirect, incidental, or consequential damages arising out of or relating to the use of Our services. NOVA’s total liability for any claim shall not exceed the amount paid by you for services rendered in the six months preceding the claim.
9.
Indemnification
You agree to indemnify and hold harmless NOVA and its affiliates from any claims, losses, or damages arising out of your use of NOVA’s Websites or services, including violations of these Terms or any Service Agreement.
10.
Termination
NOVA may terminate or restrict your account at any time if you breach these Terms. Sections relating to intellectual property, limitation of liability, and payment shall survive termination.
11.
Governing Law & Dispute Resolution
These Terms are governed by the laws of the jurisdiction where NOVA operates. Any disputes will be resolved through binding arbitration in NOVA’s jurisdiction.
12.
Miscellaneous
These Terms are governed by the laws of the jurisdiction where NOVA operates. Any disputes will be resolved through binding arbitration in NOVA’s jurisdiction.
For questions, please contact us at hello@cureative.studio.