Terms of Service

Welcome to Novas Edge Digital Solutions LLC ("we," "us," or "our"). These Terms of Service (the "Terms") govern your access to and use of novasedgedigitalsolutions.com (the "Website") and the products, services, and deliverables we provide, including but not limited to AI voice agents, two-way text messaging, chat widgets, CRM configuration, reputation and review management, website design and development, website subscriptions, one-time website builds, and social media content (collectively, the "Services").

In these Terms, "you," "your," and "Client" mean the individual or entity accessing the Website or using the Services. "Deliverables" means any website, content, configuration, or other work product we create for you. "Third-Party Services" means any third-party software, platform, network, or service used to deliver, host, or support the Services, including but not limited to GoHighLevel, Twilio, Stripe, Google, Meta, and any messaging carrier or aggregator. "Service Agreement" means any Master Services Agreement, Statement of Work, order form, subscription plan, or signed proposal between you and Novas Edge Digital Solutions LLC.

By accessing the Website or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Website or the Services.

1. Use of Services

You agree to use the Website and the Services only for lawful purposes and in accordance with these Terms. You must not use the Website or the Services in any way that violates any applicable federal, state, local, or international law or regulation, infringes the rights of any third party, or that could damage, disable, overburden, or impair the Website, the Services, or any Third-Party Services.

You represent and warrant that you are at least 18 years of age, that you have the legal capacity and authority to enter into these Terms on your own behalf and, if you are using the Services on behalf of a business or other entity, on behalf of that entity, and that all information you provide to us is accurate, current, and complete. You are responsible for maintaining the confidentiality of any account credentials associated with your use of the Services and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use of your account or any other breach of security.

2. Communication and Messaging (SMS/Text and Voice Calls)

Program Name: Novas Edge Digital Solutions Messaging

Consent: By providing your phone number and opting in through our website contact form, you provide express written consent to receive communications from Novas Edge Digital Solutions LLC, including text messages (SMS/MMS) and automated calls from our AI voice agents at the phone number you provide. Consent is not a condition of purchasing any goods or services.

Types of Messages: These communications may include appointment and consultation confirmations, account and login information, replies to product and pricing questions, service and support updates, customer service responses, and marketing or promotional offers.

Message Frequency: Message frequency may vary.

Message & Data Rates: Message and data rates may apply.

Opt-Out (SMS): You can cancel the SMS service at any time by replying STOP to any message you receive from us. After you send STOP, we will send a confirmation message and you will not receive any further messages unless you opt in again.

Help (SMS): If you need assistance at any time, reply HELP to any text message you receive from us, or contact us at +1 (800) 771-2299 or support@NovasEdgeDigitalSolutions.com. You will receive instructions and support contact information.

Voice Calls: You may request to be placed on our internal Do Not Call list at any time by telling our agent or by contacting us directly using the information below.

Privacy: No mobile information, phone number, consent, or other contact information will be shared with third parties or affiliates for marketing or promotional purposes. SMS opt-in data and consent will not be shared with any third parties. Please review our Privacy Policy for more details.

Carriers: Mobile carriers are not liable for delayed or undelivered messages.

By opting in, you confirm you are at least 18 years of age.

Additional Messaging and Calling Terms (Supplemental to the Above)

The following additional terms apply to communications you receive from Novas Edge Digital Solutions LLC and are provided in addition to, and do not replace or limit, any of the terms stated above in this Section 2:

(a) AI-Generated Voice and Content. Some of our communications may be initiated, generated, or assisted by automated systems or artificial intelligence, including AI voice agents. Where required by applicable law, our AI voice agents will identify themselves as artificial or automated at the outset of a call. You acknowledge and consent to receiving communications that may be generated or delivered by such automated or AI systems.

(b) Call Monitoring and Recording. Calls to or from Novas Edge Digital Solutions LLC, including calls handled by our AI voice agents, may be monitored, recorded, transcribed, and analyzed for quality assurance, training, recordkeeping, and service-improvement purposes. Where required by applicable law, you will be notified of recording at the beginning of the call, and by continuing with the call after such notice you consent to being recorded. If you do not consent to being recorded, you may end the call or contact us by another method.

(c) Biometric Information. Novas Edge Digital Solutions LLC does not use call audio to create, capture, store, or use a "biometric identifier" or "biometric information" (including any voiceprint) as those terms are defined under applicable law, including the Illinois Biometric Information Privacy Act, without first obtaining any separate written consent required by law.

(d) Revocation of Consent by Reasonable Means. In addition to replying STOP as described above, you may revoke your consent to receive communications from us at any time by any reasonable means, including by contacting us at the phone number or email address listed in these Terms and clearly requesting that we stop. We will honor opt-out and revocation requests within a reasonable time and, at a minimum, within any period required by applicable law.

(e) Accuracy of Contact Information. You are responsible for providing accurate contact information and for promptly notifying us if your phone number changes or is reassigned, so that we do not inadvertently contact a number that no longer belongs to you.

(f) No Guarantee of Delivery. We do not guarantee that any message or call will be delivered, will be delivered on time, or will not be blocked, filtered, or delayed by carriers, spam filters, call-authentication systems, or other network conditions outside of our control.

3. Client Services, Engagements, and Order of Precedence

Certain Services are provided under a Service Agreement between you and Novas Edge Digital Solutions LLC. These Terms apply to your use of the Website and the Services generally and serve as the default terms governing our relationship.

If you have entered into a Service Agreement, and there is a direct conflict between these Terms and that Service Agreement with respect to a specific subject, the Service Agreement will control for that subject to the extent of the conflict, except where the Service Agreement expressly states that these Terms govern. In all other respects, these Terms remain in full force and effect and are incorporated into your Service Agreement by reference.

We may modify, add to, refine, suspend, or discontinue any Service, feature, or plan, in whole or in part, at any time. Where a change materially affects an active paid Service you are then receiving, we will use commercially reasonable efforts to provide advance notice, and, if you have a Service Agreement, any notice or change provisions in that agreement also apply.

4. Scope of Services; Client Cooperation

We will provide the Services described in your applicable Service Agreement or, absent a Service Agreement, as described on the Website or as otherwise agreed in writing. Any work, features, revisions, integrations, or deliverables not expressly included in your Service Agreement are out of scope and may require a separate agreement and additional fees.

You agree to cooperate with us and to provide, in a timely manner, all information, content, access, credentials, approvals, and materials reasonably necessary for us to perform the Services. You acknowledge that our ability to perform, and the timeline for performance, depends on your timely cooperation, and that delays caused by you, by your third-party providers, or by Third-Party Services are not our responsibility and do not entitle you to any refund, credit, or reduction in fees, except as expressly provided in a Service Agreement.

5. Fees, Billing, Price Changes, Renewals, Refunds, and Chargebacks

5.1 Fees. Fees for the Services are as stated in your applicable Service Agreement, order form, subscription plan, or invoice. One-time fees (including setup fees and one-time website build fees) are billed as stated in your Service Agreement. Recurring subscription fees are billed in advance for each billing cycle (for example, monthly) and are due on the recurring billing date established for your account.

5.2 Price Changes. We reserve the right to establish, change, increase, or discontinue the prices, plan structures, features, and add-on pricing for any Service at any time, in our sole discretion. For any price increase affecting a recurring subscription you are then receiving, we will provide you with at least thirty (30) days' advance notice, which we may deliver by email to the address associated with your account or by other reasonable means. Any such price change will take effect at the start of the next billing cycle that begins after the notice period. Your continued use of the Services, or your failure to cancel in accordance with these Terms and your Service Agreement before the price change takes effect, constitutes your acceptance of the new pricing. If you do not agree to a price change, your sole and exclusive remedy is to cancel the affected Service before the change takes effect, in accordance with the cancellation terms of your Service Agreement or subscription. Price changes will not apply retroactively to any period for which you have already paid. Where you have committed to a fixed term (for example, a three-month minimum commitment), the agreed price for that Service will be honored through the committed term, and any new pricing will apply upon renewal.

5.3 Third-Party and Pass-Through Costs. Certain Services rely on Third-Party Services that charge their own fees, including but not limited to messaging carrier and aggregator fees, A2P 10DLC and toll-free verification fees, phone number provisioning and usage fees, and platform subscription fees. These third-party fees are set by the applicable third parties, may change at any time without our control, and, where applicable or as stated in your Service Agreement, may be passed through to you or billed to you directly in addition to our Service fees.

5.4 Taxes. All fees are exclusive of applicable taxes, levies, and governmental charges, including any applicable municipal amusement, lease, or transaction taxes such as the City of Chicago Personal Property Lease Transaction Tax (PPLTT) to the extent it applies. You are responsible for all such taxes associated with your purchase and use of the Services, except for taxes based on our net income. Where we are required by law to collect and remit a tax, we may add it to your invoice.

5.5 Late or Failed Payments. If any payment is not received when due, or if a payment method fails, we may suspend or terminate the affected Services, withhold or revoke access to Deliverables, and charge interest and reasonable costs of collection to the maximum extent permitted by law, subject to any notice or cure period set forth in your Service Agreement, and without waiving any other remedy.

5.6 Automatic Renewal. Unless otherwise stated in your Service Agreement, recurring subscriptions automatically renew for successive periods equal to the then-current term, at the then-current pricing, using your payment method on file, until cancelled in accordance with these Terms or your Service Agreement.

5.7 Refunds. Except as expressly stated in your Service Agreement or as required by applicable law, all fees are non-refundable. Setup fees, deposits, work already performed, and Services already rendered are non-refundable. Cancellation of a subscription stops future billing but does not entitle you to a refund of fees already paid for the then-current period.

5.8 Chargebacks and Payment Disputes. You agree to contact us first, using the contact information in these Terms, to resolve any billing concern before initiating a chargeback, payment reversal, or dispute with your bank or payment provider. You agree not to initiate a chargeback or payment dispute for charges that are consistent with these Terms or your Service Agreement. Initiating an unwarranted chargeback is a material breach of these Terms, and we reserve the right to dispute it, to suspend or terminate the Services, to recover the disputed amount together with any associated fees and reasonable costs of collection, and to pursue any other remedy available to us.

6. Client Responsibilities; Communications and Regulatory Compliance

This Section 6 is important. It applies whenever you use the Services — including AI voice agents, two-way text messaging, chat, email, CRM, and review-request features — to contact, market to, communicate with, record, or collect information from your own customers, leads, patients, clients, or other individuals ("Your Contacts").

6.1 You Are the Sender and Caller. As between you and Novas Edge Digital Solutions LLC, you are the sole "sender," "caller," "message originator," "advertiser," and party responsible for all communications you send to, or campaigns you run toward, Your Contacts using the Services. Novas Edge Digital Solutions LLC provides and configures the technology and tools; Novas Edge Digital Solutions LLC is not the sender, caller, advertiser, or originator of your communications, is not your compliance officer or legal advisor, and does not review, monitor, or approve your communications or campaigns for legal compliance unless we have expressly agreed to do so in writing.

6.2 Your Compliance Obligations. You are solely responsible for ensuring that your use of the Services, and all communications you send to Your Contacts, comply with all applicable laws, regulations, industry standards, and platform and carrier requirements, including without limitation: the Telephone Consumer Protection Act (TCPA) and FCC rules governing calls, texts, artificial and prerecorded voice (including AI-generated voice), and automated dialing; the CAN-SPAM Act and applicable state commercial email laws; the Telemarketing Sales Rule and Do-Not-Call requirements; state "mini-TCPA," telemarketing, and calling-time laws; federal and state call-recording, wiretapping, and eavesdropping laws (including all-party/two-party consent laws such as those in Illinois, California, Florida, and Pennsylvania); biometric privacy laws (including the Illinois Biometric Information Privacy Act); the Federal Trade Commission Act and rules on unfair or deceptive practices, endorsements, testimonials, and reviews; and applicable data-privacy laws.

6.3 Consent, Opt-Outs, and Do-Not-Call. You represent and warrant that, before any communication is initiated to Your Contacts through the Services, you have obtained and will maintain all legally required consent — including prior express written consent where required for marketing calls or texts — and that you will maintain records sufficient to prove such consent. You are solely responsible for: honoring opt-out and revocation requests promptly and across all channels and platforms; scrubbing your contact lists against applicable internal and national Do-Not-Call lists; respecting all applicable calling-time and quiet-hours restrictions; and providing all legally required disclosures to Your Contacts, including any required AI-voice disclosure and any required call-recording notice. You will not upload to, or use with, the Services any purchased, rented, scraped, or third-party contact list unless you have verified that valid, transferable consent exists that extends to your outreach.

6.4 Content and Claims. You are solely responsible for the content of all messages, scripts, campaigns, offers, and materials you send to Your Contacts using the Services, and for the truth, accuracy, and substantiation of all claims, representations, prices, discounts, urgency statements, and offers made to Your Contacts. You will not use the Services to send false, misleading, deceptive, fraudulent, harassing, abusive, or unlawful content.

6.5 Regulated Industries and Protected Data. If you operate in a regulated industry — including healthcare or dental (subject to HIPAA), financial services, legal services, or similar — you are solely responsible for your own regulatory compliance. You will not transmit, store, or process protected health information or other regulated data through the Services unless and until a separate, executed Business Associate Agreement or other required agreement is in place with us, and then only as permitted by that agreement.

6.6 No Reliance on Us for Compliance. You acknowledge that the availability of a feature within the Services (such as an automated calling, texting, recording, or review-request feature) does not constitute advice that your particular use of that feature is lawful, and that you are responsible for determining the legality of your intended use in each jurisdiction in which you operate or contact individuals.

6.7 Suspension for Violations. We may suspend, restrict, or terminate the Services immediately, without liability, if we reasonably believe your use violates this Section 6, any law, or any Third-Party Service's or carrier's terms, or creates risk for us or others.

7. No Guarantee of Results

You acknowledge and agree that Novas Edge Digital Solutions LLC does not represent, warrant, or guarantee any specific result or outcome from the Services, and that any statements, estimates, projections, or examples we provide regarding potential results are expressions of opinion only and do not constitute a promise, guarantee, or representation of future results.

Without limiting the foregoing, we do not guarantee any particular number or quality of leads, calls, appointments, bookings, conversions, sales, customers, revenue, profit, return on investment, business growth, search-engine or AI-search rankings, website traffic, message or email deliverability or open rates, review or rating counts, or any other measurable metric. You acknowledge that these outcomes depend on numerous factors outside of our control, including your own business, offers, pricing, staffing, and follow-up; market and competitive conditions; the accuracy and completeness of information you provide; the behavior of Your Contacts; and the operation, algorithms, filtering, availability, and policies of Third-Party Services, search engines, and carriers.

Any past performance, case studies, examples, or metrics we share are illustrative only and are not a promise or prediction of your results. You are solely responsible for your own business decisions and for any decision you or any third party makes in reliance on the Services or their output. For any search-engine-optimization or visibility Services, you further acknowledge that rankings and traffic depend on search-engine algorithms, updates, penalties, backlink profiles, domain authority, and competition, and that we are not responsible for ranking changes, traffic declines, or penalties resulting from those factors.

8. Third-Party Services and Dependencies

The Services are delivered on, through, or in connection with Third-Party Services that we do not own or control. Your use of the Services may require you to maintain your own accounts, subscriptions, or agreements with those third parties, and you are responsible for complying with their terms.

We are not responsible or liable for, and we make no warranty regarding, any Third-Party Service, including any outage, downtime, interruption, error, discontinuation, deprecation, change in features or pricing, data loss, security incident, or change in terms or policies. If a Third-Party Service, search engine, advertising platform, carrier, or payment provider suspends, restricts, limits, terminates, or takes any adverse action against your account, listing, campaign, phone number, or content, we are not responsible or liable for that action, and it does not entitle you to any refund, credit, or reduction in fees. You are responsible for maintaining any third-party licenses, subscriptions, and accounts necessary to continue using any Deliverable after it is delivered or handed off to you, as further described in your Service Agreement.

9. AI-Enabled Services and Automated Output

The Services include features that use artificial intelligence and automation, including AI voice agents, chatbots, and automatically generated content and responses ("AI Features"). You acknowledge that AI Features are probabilistic and can produce output that is inaccurate, incomplete, outdated, unexpected, or otherwise erroneous, and can occasionally misunderstand input or respond in unintended ways.

AI Features are configured based on information, knowledge-base content, and instructions that you provide or approve, and you are responsible for the accuracy and completeness of that information and for reviewing and approving the behavior and output of the AI Features. AI output is not, and should not be relied upon as, professional, legal, medical, financial, or other specialized advice. We do not warrant that AI Features will handle every interaction correctly or without error, and you accept the risks associated with deploying automated and AI-enabled communications in your business.

10. Reputation and Review Management

Where we provide reputation or review-management Services, we assist you in soliciting and managing reviews and feedback in a manner intended to comply with applicable platform policies and Federal Trade Commission guidance. We do not, and will not, engage in review "gating," selective suppression or filtering of reviews based on sentiment, the posting of fake or incentivized reviews, or any other practice that violates platform rules or applicable law, and you agree not to request or direct us to do so. If you do, we may decline, suspend, or terminate the affected Services.

You acknowledge that we do not control third-party review platforms and do not guarantee any number of reviews, any particular rating or star average, or that reviews will not be removed, filtered, or altered by the platforms on which they appear. You are responsible for the content of any responses you make to reviews.

11. Intellectual Property

11.1 Our Property. All content, features, and functionality on the Website (including text, graphics, logos, and software), together with our pre-existing and independently developed materials, tools, templates, frameworks, code libraries, processes, methodologies, know-how, reusable components, and platform configurations (collectively, "Our IP"), are and remain the exclusive property of Novas Edge Digital Solutions LLC and its licensors and are protected by copyright, trademark, and other intellectual property laws. Except as expressly permitted in these Terms or your Service Agreement, you may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit Our IP without our express written permission.

11.2 Deliverables and License. Subject to your full payment of all applicable fees, and except for Our IP and any third-party components, we assign or license to you the final Deliverables created specifically for you, as and to the extent set forth in your Service Agreement, for your use in your business. You acknowledge that ownership, licensing, and portability of Deliverables differ depending on whether the Services are provided as a subscription or as a one-time build, as set forth in your Service Agreement. Until all applicable fees are paid in full, no right, title, or interest in any Deliverable transfers to you, and we retain all rights in the Deliverables and any work in progress. Our IP and any third-party components incorporated into a Deliverable are not assigned to you and are instead provided under license or under the applicable third party's terms.

11.3 Third-Party Components. Deliverables may incorporate third-party assets, software, fonts, plugins, stock media, or platform functionality that are licensed under their own terms. You are responsible for maintaining any licenses, subscriptions, or accounts necessary to continue using those components after delivery or handoff.

11.4 Portfolio and Marketing Use. Unless you notify us otherwise in writing, you grant us a non-exclusive, worldwide, royalty-free license to reference your name and logo and to display non-confidential examples of the Deliverables and work we performed for you in our portfolio, case studies, and marketing materials.

11.5 Feedback. If you provide us with any feedback, ideas, or suggestions regarding the Website or the Services, we may use them freely and without restriction or obligation to you.

12. Your Content and Materials

You retain ownership of the content, materials, data, logos, trademarks, and other assets you provide to us ("Your Materials"). You grant us a non-exclusive, worldwide, royalty-free license to host, use, reproduce, modify, and display Your Materials as reasonably necessary to provide the Services.

You represent and warrant that you own or have all rights, licenses, consents, and permissions necessary to provide Your Materials and to authorize our use of them as contemplated by these Terms, and that Your Materials, and our authorized use of them, do not and will not infringe or misappropriate any third party's intellectual property, privacy, publicity, or other rights, or violate any law. You are solely responsible for Your Materials and for any instruction you give us regarding them.

13. Third-Party Links

The Website and the Services may contain links to third-party websites or services that we do not own or control. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party website or service. Your use of any third-party website or service is at your own risk and subject to that third party's terms.

14. Privacy and Data

Our collection, use, and sharing of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Website and the Services, you consent to our data practices as described in the Privacy Policy. You are responsible for the lawful collection and handling of any personal information of Your Contacts that you provide to, or process through, the Services, including obtaining any legally required notices and consents from Your Contacts.

15. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN A SERVICE AGREEMENT, THE WEBSITE, THE SERVICES, AND ALL DELIVERABLES AND AI FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, NOVAS EDGE DIGITAL SOLUTIONS LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE WEBSITE, THE SERVICES, OR ANY DELIVERABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT ANY DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR DELIVERABLES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE DO NOT WARRANT THAT ANY WEBSITE OR OTHER DELIVERABLE WILL BE COMPATIBLE WITH ALL BROWSERS, DEVICES, OR CONFIGURATIONS, OR THAT IT IS OR WILL REMAIN COMPLIANT WITH ANY PARTICULAR LAW, STANDARD, OR GUIDELINE, INCLUDING WITHOUT LIMITATION THE AMERICANS WITH DISABILITIES ACT (ADA) OR THE WEB CONTENT ACCESSIBILITY GUIDELINES (WCAG), UNLESS EXPRESSLY AND SPECIFICALLY AGREED IN WRITING IN A SERVICE AGREEMENT. WE MAKE NO REPRESENTATION THAT ANY WEBSITE IS OR WILL REMAIN "ADA COMPLIANT," AND YOU ACKNOWLEDGE THAT NO AUTOMATED TOOL OR WIDGET GUARANTEES SUCH COMPLIANCE. YOU ARE RESPONSIBLE FOR OBTAINING YOUR OWN ACCESSIBILITY AND LEGAL REVIEW OF YOUR WEBSITE AND FOR ITS ONGOING COMPLIANCE AFTER DELIVERY OR HANDOFF.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU; IN THAT CASE, ANY LEGALLY REQUIRED WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY LAW.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NOVAS EDGE DIGITAL SOLUTIONS LLC OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, ANTICIPATED SAVINGS, DATA, GOODWILL, OR OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE SERVICES, ANY DELIVERABLE, ANY AI FEATURE, OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF NOVAS EDGE DIGITAL SOLUTIONS LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND LICENSORS ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICES, ANY DELIVERABLE, OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO NOVAS EDGE DIGITAL SOLUTIONS LLC FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR, FOR A ONE-TIME WEBSITE BUILD, THE TOTAL FEES YOU PAID FOR THAT BUILD), OR (B) ONE HUNDRED DOLLARS ($100). WHERE YOU HAVE ENTERED INTO A SERVICE AGREEMENT, THE LIMITATIONS OF LIABILITY SET FORTH IN THAT SERVICE AGREEMENT APPLY TO THE SERVICES COVERED BY IT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND US, AND THE SERVICES WOULD NOT BE PROVIDED WITHOUT THEM.

17. Indemnification

You agree to indemnify, defend, and hold harmless Novas Edge Digital Solutions LLC and its members, managers, officers, employees, contractors, agents, affiliates, successors, and assigns (each, an "Indemnified Party") from and against any and all claims, actions, suits, proceedings, demands, liabilities, damages, losses, judgments, settlements, penalties, fines, interest, and costs and expenses of any kind (including reasonable attorneys' fees and costs) arising out of or relating to: (a) your use of the Website, the Services, or any Deliverable; (b) your communications, campaigns, scripts, offers, and content directed to Your Contacts, and any recording of such communications; (c) your violation or alleged violation of any law or regulation, including the TCPA, CAN-SPAM, the Telemarketing Sales Rule, Do-Not-Call rules, state telemarketing and calling-time laws, call-recording and wiretapping laws, biometric privacy laws, FTC rules, and data-privacy laws; (d) Your Materials or any instruction you give us, including any claim that they infringe or misappropriate a third party's rights; (e) any claim brought by Your Contacts or any other third party relating to your business, products, services, or communications; (f) your breach of these Terms or any Service Agreement; or (g) your negligence or willful misconduct. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense. You may not settle any matter in a manner that imposes any obligation or liability on an Indemnified Party without our prior written consent. Any indemnification obligations of Novas Edge Digital Solutions LLC, if applicable, are as expressly set forth in a Service Agreement.

18. Term, Suspension, and Termination

These Terms apply while you access the Website or use the Services. We may suspend or terminate your access to, or use of, the Website or the Services at any time, with or without notice, for any reason, including any actual or suspected breach of these Terms, non-payment, suspected unlawful use, or risk to us, the Services, any Third-Party Service, or others, subject to any notice or cure period set forth in your Service Agreement. You may terminate your use of a Service in accordance with these Terms and any applicable Service Agreement.

Upon termination, your right to access and use the affected Services and Deliverables ceases, all outstanding fees become immediately due, and we may revoke access and credentials and delete or retain your data in accordance with our Privacy Policy, any applicable Service Agreement, and applicable law. Termination does not relieve you of any obligation accrued before termination or limit any liability you may otherwise have.

19. Force Majeure

We will not be liable or responsible for any failure or delay in performing our obligations (other than payment obligations) that results from causes beyond our reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, government action, labor disputes, utility or telecommunications failures, internet or hosting failures, cyberattacks, or the failure, outage, or change of any Third-Party Service.

20. Governing Law and Dispute Resolution

20.1 Governing Law. These Terms, and all matters arising out of or relating to them, the Website, or the Services, whether sounding in contract, tort, or statute, are governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict-of-law principles.

20.2 Venue. Any legal action or proceeding arising out of or relating to these Terms, the Website, or the Services shall be brought exclusively in the state or federal courts located in Cook County, Illinois, and you irrevocably submit to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.

20.3 Jury Trial and Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND NOVAS EDGE DIGITAL SOLUTIONS LLC EACH WAIVE ANY RIGHT TO A TRIAL BY JURY, AND EACH AGREES THAT ANY DISPUTE WILL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

20.4 Attorneys' Fees. In any action or proceeding to enforce or interpret these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, to the extent permitted by law.

20.5 Limitation Period. To the fullest extent permitted by law, and except for actions by us to collect unpaid fees, any claim you may have arising out of or relating to these Terms, the Website, or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, the claim is permanently barred.

21. Changes to These Terms

We reserve the right to modify or replace these Terms at any time in our sole discretion. Any changes will be posted on this page with an updated "Effective Date," and, except for changes made for legal or administrative reasons, we will use reasonable efforts to provide notice of material changes. Your continued use of the Website or the Services after changes are posted constitutes your acceptance of the revised Terms. Changes to these Terms do not amend or modify any signed Service Agreement, which may be amended only as provided in that agreement. You should review this page periodically.

22. Miscellaneous

22.1 Entire Agreement. These Terms, together with our Privacy Policy and any applicable Service Agreement, constitute the entire agreement between you and Novas Edge Digital Solutions LLC regarding the Website and the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, on that subject. These Terms do not supersede or replace any signed Service Agreement; where you have entered into a Service Agreement, that agreement governs the subject matter it covers, and in the event of a conflict, it controls as provided in Section 3.

22.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions will remain in full force and effect.

22.3 Waiver. No failure or delay by us in exercising any right under these Terms operates as a waiver of that right, and no single or partial exercise of any right precludes any further exercise of it or of any other right.

22.4 Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent, and any attempted assignment in violation of this provision is void. We may assign or transfer these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, or otherwise at our discretion. These Terms bind and benefit the parties and their permitted successors and assigns.

22.5 Relationship of the Parties. Novas Edge Digital Solutions LLC is an independent contractor. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, or employment relationship between you and Novas Edge Digital Solutions LLC, and neither party has authority to bind the other.

22.6 Subcontractors and Third Parties. Novas Edge Digital Solutions LLC may use employees, independent contractors, and Third-Party Services (including personnel located outside the United States) to provide the Services, and remains responsible for the performance of the Services under any applicable Service Agreement.

22.7 No Third-Party Beneficiaries. These Terms are for the sole benefit of you and Novas Edge Digital Solutions LLC and do not create any rights in any third party.

22.8 Notices. We may provide notices to you by email to the address associated with your account, by posting on the Website, or by other reasonable means. You may provide notices to us using the contact information below. Notices under a Service Agreement must be given as provided in that agreement.

22.9 Electronic Communications. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing.

22.10 Survival. Any provision that by its nature should survive termination will survive, including provisions relating to fees owed, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and these miscellaneous terms.

22.11 Headings. Headings are for convenience only and do not affect the interpretation of these Terms.

23. Contact Us

If you have any questions about these Terms, please contact us at:

Novas Edge Digital Solutions LLC
Email: support@NovasEdgeDigitalSolutions.com
Phone: +1 (800) 771-2299

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