Terms And Conditions

5.1 When purchasing via Novagates's sales.

You may contact our sales person to purchase Services dedicated for enterprises. All terms related to the Services and payment will be defined in either an insertion order or an agreement.

5.2 When purchasing via self-service.

You will make the full payment of your preferred subscription plan (i.e. Basic or Pro). All payment shall be handled by an authorized shopping cart vendor (such as Visa) for charges paid by you and these payment are final and non-refundable and will be quoted in KWD, US Dollars, Euro or any other major currencies available in the subscription plan.

5.3 Novagates may change, modify fees for use of our Platform, Services or Novagates Dashboard at any time as we deem necessary or appropriate for our business.

You will be notified in advance of any changes to the terms herein or the revised fee. We encourage you to check our Site or contact our customer service at support@Novagates.com periodically to learn more about how we charge for the Platform. In any event that you are not agreeable with any revision of any terms or use herein, you may terminate the subscription.

5.4 Novagates has no obligation to itemize its costs, profits or margins when publishing prices of the Services and reserves the right to change such prices at any time, at its discretion.

You are liable for all transaction taxes on the Platform provided under these terms.

5.5 We may change the subscription terms or fees at any time on a going forward basis at our discretion.

If the pricing for your subscription increases, we will notify you, and provide you an opportunity to change your subscription before applying those changes to your account or charging your payment details in connection with an automatic renewal. The notification will inform you of how long you have to change your subscription before the changes become effective. Your continued use of our Services, Platform and Novagates Dashboard after the changes become effective will constitute your acceptance of the changes. If you wish to discontinue the subscription of the new fees or features, you may cancel your subscription and you acknowledge that there shall be no refunds if you choose to terminate prior to the expiration of your subscription period. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward. If you cancel a pre-paid subscription, you will not receive any refund.

6.1 Services are offered based on subscription to the Service on a per account basis.

(i) Free trial plan. When you choose a free trial plan, you will not be charged on the applicable fee during your free trial. Upon or prior to the expiry of the free trial period, if you are happy with our Services and wish to continue using the Services, you may subscribe to either one of the plans by inputting your payment details on our site. YOU ARE ONLY PERMITTED ONE (1) FREE TRIAL. If your subscription is ever terminated for any reason, and you purchase another subscription, you shall not be eligible for a free trial on any subsequent subscriptions. For avoidance of doubt, "you" referred to in this section refers to an entity. (ii) Auto-renewal subscription. If you signed up for an auto-renewal of the subscription (Basic or Pro), you acknowledge that you are signing up to an auto-renewing subscription upon expiration of each cycle of your choice of subscription on your first use our Services and you agree to pay the then-current applicable fee associated with the subscription of your choice. You may always change the auto renewal setting to manual renewal by making the necessary adjustment on the Dashboard, and such adjustment will only reflect in your next cycle of subscription. You will receive a notice from us that your free trial has ended. If you have not adjusted manually by yourself on your Novagates Dashboard account to "cancel my subscription by the end of the term", you acknowledge that your subscription will be automatically renewed and no pro-rata refunds will be provided to you which you claimed to have canceled and during such active subscription period and we will continue (and you authorize us to) charge your subscription fee to the credit card/bank account you provided upon initial sign up. (iii) Adjustment to your subscription. If you decide to adjust your subscription plan via our Site, you may do so on your Dashboard account by following the steps below: Go to "____________" >>>> "___________" >>>> "save" to ensure your preferred subscription plan is properly "updated" and recorded on your Dashboard account. Please note, your in-app purchase settings may only be adjusted via ____________ and are governed by the rules of the _________________.

6.2 Refund policy.

In general, no refunds will be given for incorrect choice or change of mind unless at the sole discretion of Novagates. If you are entitled to a refund at law or Novagates elects to provide a refund, the payment will be processed according to the below terms: (i) If the subscription fee was paid via credit card or wire transfer then refund of such fee minus restocking fee, administrative fee and taxes ("Refund") can only be processed back to you to that same credit card from which the payment originated. Please allow the office up to sixty (60) days to confirm your payment and issue the Refund. (ii) You can always upgrade your subscription plan from Basic Plan to Pro Plan anytime by changing the settings on the Dashboard and making the necessary upgrade charges. (iii) If you wish to downgrade your plan from Pro Plan to Basic Plan, you are only permitted to do so after expiry of term of subscription which you have first subscribed to (i.e. next billing date) on Dashboard.

6.3 Service uptime

(i) The Service provides a service uptime of 99% ("Uptime"). In any event of a service downtime, you acknowledge that your exclusive remedy shall be an extension of period to use the Service that proportionately reflects on the occurrence of the downtime and in no event shall Novagates be liable for any refund or penalty whatsoever for service downtime.

6.4 Third-Party Interactions

(i) You may include/upload your product SKUs/products from third-party when using the Services. Any such activity, and any interactions, disputes, terms, conditions, warranties or representations associated with that activity, is solely between you and the applicable third-party. Novagates and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between you and any third-party. In no event shall Novagates or its licensors be responsible for any content, products, services or other materials on or available from third-party sites or third-party providers. You acknowledge and understand that Novagates is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other third party.

6.5 Responsible Use

The Services are dedicated to users who observe a certain degree of courtesy and professionalism. You must use the Services responsibly in the following manner: (i) comply with all applicable laws, regulations, and ordinances relating to the terms herein and shall ensure that the Services subscribed herein are properly and accurately reflect in your company's privacy policy that governs its data collection and use practice; (ii) obtain all necessary consent from users from your company website/your company's mobile app via your privacy policy who uses this Services via your Company's website/mobile app. Upon the request of Novagates, you will provide such consent to us. (iii) obliged to keep the login names and the passwords required for the use of the Services confidential, to keep it in a safe place, and to protect it against unauthorized access by third parties with appropriate precautions. (iv) before entering its data and information, you are obliged to check the same for viruses or other harmful components and to use state of the art anti-virus programs for this purpose. In addition, you shall be solely responsible for the entry and the maintenance of your customer's data.

6.6 Irresponsible Use

Any misuse of the Services shall not be tolerated and you shall not: (i) copy, modify, host, stream, sublicense, copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the resell the Services; (ii) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right; (iii) bypass any security or other features of the Platform, Services and Novagates Dashboard designed to control the manner in which they are used, harvest or mine content, or otherwise access or use the Platform in a manner inconsistent with the terms herein; (iv) perform any fraudulent activity, including impersonating any person or entity, distributing, falsely stating or misrepresenting your affiliation, selling counterfeit products or otherwise using this Services for sale or promotion of your products that are not in compliance with applicable laws; (v) decipher, reverse engineer, decompile or disassemble the Platform, Services and Novagates Dashboard, or the software used to provide them, in whole or in part; (vi) engage in behavior that violates anyone's intellectual property rights including but not limited to copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights; (vii) use, display, mirror, frame or utilize framing techniques to enclose the Platform, Services and Novagates Dashboard, or any portion thereof; (viii) use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data; (ix) use the Platform, Services and Novagates Dashboard in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party; (x) introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the Platform, Services and Novagates Dashboard; (xi) use automated devices, manual processes, or scripts to copy or "scrape" the Platform, Services and Novagates Dashboard for any purpose without Novagates's express written permission; (xii) replicate the functionality of the Service or to create any effect similar to the effects by any means or to create any competing or potentially competing product or technology; (xiii) use the Service (directly or indirectly) to create datasets to train neural networks or create templates for third party photo editing services; (xiv) use any data mining or similar data gathering and extraction methods in connection with the Services; or (xv) violate applicable law (including, but not limited to, where applicable, DPPR, GDPR, and etc.).

6.7 Use of API feature.

Terms in this section apply to your use of API. By using API, you expressly consent to Novagates's collection and use of your biometric information as defined in Privacy Policy. It is expressly agreed between the parties that the integration of API will be carried out by you under your sole responsibility. (i) Your obligation while using API. Novagates will provide you with API keys for the purpose of accessing API. It is your own responsibility to maintain security of the API keys. You shall be fully responsible for the use of every single API key associated with your Account. Novagates reserves the right to pursue legal actions against you or suspend your access to API when your use of API causes damage to Novagates. (ii) No guarantee of service up time and computation. Novagates does not offer any guarantee of the level of service for API. However, Novagates makes its best efforts to maintain 24/7 access to API except in the event of system maintenance or force majeure. Novagates also does not guarantee the time for API to deliver computation result, it may be affected by the number of requests received or the speed and stability of network connection. (iii) No guarantee of service in certain area. You may not be able to access API in certain geographic area due to local government's restrictions. (iii) Consent collection. Certain features of our Services may identify facial geometry in the photo upload in order to perform the function. Therefore, you shall be responsible for collecting consents from any person in the photo to agree Novagates to process the photo for them. (iv) Disclaimer and No Warranties. The API is provided AS IS. Novagates makes no warranty, express, implied or statutory, and shall not be liable for any direct indirect, special, incidental or consequential damage arising out of any use of API.

6.8 Use of Technical Support

Terms in this section apply to your use of our technical support service. In the event you and/or your customer requires technical support from Novagates, you will be asked to add one or more technical support accounts via Novagates Dashboard, and you hereby expressly consent to authorize the technical support account full permission to view data and settings in your subscribed service solely for the purpose of providing necessary assistance and/or trouble shooting. You may remove the technical support account from Novagates Dashboard on your own, or the technical support account will become inactive after a certain period of time permitted by law.

6.9 We may terminate your account, subscription or suspend your access to the Services at any time based on our sole discretion or to remove any data or content transmitted via your use of this Services without liability including no refund:

(i) if we reasonably believes that the Service is being used in violation of the terms herein or in violation of any applicable rules and regulations, (ii) if requested by a law enforcement or government agency or otherwise to comply with applicable law, provided that we will use commercially reasonable efforts to notify you prior to suspending your access to the Services.

6.10 Novagates shall have no liability for any claims based on Services which has been modified or in violation of the terms herein by you where the infringement claim would not have occurred in the absence of such modification.

7.1 The Services, Dashboard, and materials contained within the Services including aggregated data and all intellectual property rights in connection with the Services are the sole and exclusive property of Novagates and its Licensors.

Except for the limited license expressly granted by and to you under these terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Novagates in these terms are expressly reserved.

7.2 In addition, you agree to grant us the right to:

(i) use your company name and/or company logo within product literature, press release(s), social media, and other marketing materials; (ii) quote your statements in one or more press releases; and/or (iii) make such other use of your company/brand name and/or logo as may be agreed between the you and Novagates. Additionally, Novagates may include your name and/or your company logo within its list of customers for general promotional purposes. We will comply with your trademark use guidelines as such are communicated to us in writing and we will use your company/brand's marks in a manner which is consistent with industry practice. Neither party grants to the other any title, interest or other right in any marks except as provided in this Section.

8.1 Termination by Novagates

The Services and any license created hereunder may be terminated by us if: (i) you fail to make any payments on the due day; (ii) you fail to perform any other material obligation required of it hereunder, or (iii) petition for bankruptcy or insolvency, has an involuntary petition filed against you or your company or commences an action providing for relief under bankruptcy laws, files for the appointment of a receiver, or is adjudicated a bankrupt concern. In addition, if we have reason to believe that any of above items applies to you, Novagates may in its sole discretion terminate your user account on the Platform or suspend or terminate your access to the Services or Dashboard at any time without notice. We will have no liability whatsoever on account of any change to the Services and Dashboard or any suspension or termination of your access to or use of the Services and Dashboard.

8.2 Effect of Termination.

Upon termination of your subscription, you shall not be permitted to access to the Services, nor circumvent any security mechanisms contained therein. Sections intended to survive shall survive termination of subscription.

9.1 Warranty.

By uploading your Content to the Services, you agree that you have: (a) all necessary licenses and permissions to use such Content or selling products on this Service; and (b) the rights necessary to grant the licenses in the Terms.

9.2 Indemnification

You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys' fees, arising out of or related to your Content, your use of the Services, your violation of the Terms, or any and all violation of applicable regulation including but not limited to Illinois Biometric Information Privacy Act.

10.1 Your use of the Services are at your own risk.

(i) The Services is provided "AS-IS". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Services or Software will be effective, accurate, or reliable; (c) the quality of the Services will meet your expectations; or (d) any errors or defects in the Services will be corrected. We strongly advise you to provide a disclaimer to suggest that images are for illustration purposes only. We also reserve the right to modify or discontinue the Services and Dashboard at any time (including by limiting or discontinuing certain features of the Services) without notice to you. (ii) In addition, we specifically disclaim any and all liability for any actions resulting from your use of the Services and you are solely accountable for any damage to your computer system or loss of data that results from the use of and access to any Service. (iii) When you post your Content through the Services, we shall not be responsible for: (a) any loss, corruption, or damage to your Content; (b) the deletion of Content by anyone; or (c) the inclusion of your Content by third parties on other websites or other media. (iv) We specifically disclaim any and all liability for any actions resulting from any and all violation of applicable regulation, and you are solely accountable for any and all liability and damage occurs thereof.