Terms of Service

These Terms of Service ("Terms") govern your access to and use of NovaSpark's social media management platform, website, and related services (collectively, the "Service"). NovaSpark is operated by NovaMind Technologies FZE, located in Ajman, United Arab Emirates.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

NovaSpark provides a social media management platform that allows users to:

• Connect and manage multiple social media accounts (Instagram, Facebook, LinkedIn, TikTok, Snapchat, Threads, Reddit, WhatsApp, YouTube, X/Twitter)
• Schedule and publish content across platforms
• Analyze social media performance with advanced analytics
• Engage with audiences through unified inbox and comment management
• Collaborate with team members and manage agency clients
• Automate workflows and social media tasks
• Manage WhatsApp Business conversations

Features and availability may vary by subscription plan. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time.

3.1 Eligibility and Age Requirements

By using NovaSpark, you represent and warrant that:

• You are at least 13 years old (or 16 years old if you are in the European Economic Area)
• You have the legal capacity to enter into binding contracts
• You are not prohibited from using the Service under applicable laws
• Your use complies with all laws and regulations in your jurisdiction

Platform-Specific Age Requirements:

• YouTube Content: Strict COPPA compliance - users creating or managing children's content (directed at users under 13) must comply with COPPA requirements and mark content appropriately
• TikTok: You must meet TikTok's minimum age requirements (13+ in most jurisdictions, 16+ in EU)
• Snapchat: You must meet Snapchat's minimum age requirements (13+ in most jurisdictions)
• General Rule: You must meet the age requirements of each connected platform

Parental Consent: If you are under 18, you confirm that your parent or legal guardian has reviewed and agrees to these Terms on your behalf.

3.2 Account Registration

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized access or security breach
• One person or entity may not maintain more than one free account
• Account sharing is prohibited - each user must have their own account

When using NovaSpark, you must comply with all terms, policies, and community guidelines of connected social media platforms. You are solely responsible for ensuring your content and activities comply with platform requirements. We are not responsible for platform violations or resulting account suspensions.

4.1 Meta Platforms (Instagram, Facebook, Threads, WhatsApp)

You must comply with:

• Facebook Terms of Service and Community Standards
• Instagram Terms of Use and Community Guidelines
• Threads Terms and supplemental policies
• WhatsApp Business Terms
• Prohibited Activities: Artificial engagement (buying followers, likes, or comments), spam, misleading content, hate speech, violence, harassment
• Content Requirements: Authentic content, proper intellectual property rights, no impersonation
• API Compliance: Respect rate limits, comply with data use restrictions, maintain business verification status
• Data Handling: We comply with Meta's data deletion requirements and implement data deletion callbacks

4.2 TikTok

You must comply with:

• TikTok Terms of Service and Community Guidelines
• Authenticity: No misleading content, deepfakes, or false information
• Music & Copyright: Proper licensing for music and copyrighted content
• No Artificial Engagement: No bots, fake views, or purchased engagement
• Minor Safety: Strict compliance with child safety policies and age restrictions
• Content Standards: No dangerous acts, hate speech, adult content, or harmful behavior

4.3 LinkedIn

You must comply with:

• LinkedIn User Agreement and Professional Community Policies
• Professional Standards: Maintain professional conduct appropriate for business networking
• No Fake Profiles: Authentic identity, no impersonation, accurate professional information
• No Scraping: Respect data collection restrictions and API terms
• Privacy Respect: Honor member privacy settings and connection preferences

4.4 Reddit

You must comply with:

• Reddit User Agreement and Content Policy
• Subreddit Rules: Follow specific rules of each subreddit you post to
• No Vote Manipulation: No brigading, vote manipulation, or coordinated actions
• Authentic Participation: No spam, excessive self-promotion, or artificial engagement
• Privacy Protection: Respect user anonymity and privacy preferences

4.5 Snapchat

You must comply with:

• Snapchat Terms of Service and Community Guidelines
• No Spam: No unsolicited content or bulk messages
• Ephemeral Nature: Respect the temporary nature of Snapchat content
• Creative Authenticity: Original creative content, no impersonation
• Safety: No content promoting violence, hate, or illegal activities

4.6 YouTube (Google)

You must strictly comply with:

• YouTube Terms of Service and Community Guidelines
• YouTube API Services Terms (required)
• COPPA Compliance: If creating content directed at children (under 13), you must mark it appropriately and comply with COPPA requirements
• Copyright Respect: Honor Content ID claims, no copyright infringement
• No Artificial Inflation: No fake views, subscribers, or engagement
• Monetization: Follow monetization policies if applicable
• API Requirements: Comply with all YouTube API Services Terms including proper attribution and Google Privacy Policy incorporation

4.7 X/Twitter

You must comply with:

• X Terms of Service and X Rules
• No Automated Spam: No aggressive automation, spam, or manipulation
• Privacy Respect: Honor user blocking and privacy settings
• No API Abuse: Respect rate limits and API restrictions
• Authentic Engagement: No fake accounts or coordinated manipulation

4.8 API Usage and Technical Compliance

• Official APIs Only: We use only official, documented APIs provided by platforms
• Rate Limits: We respect all platform rate limits and request throttling
• API Changes: Platform API changes may temporarily affect Service functionality
• No Circumvention: We do not circumvent platform limitations or security measures

4.9 Account Authorization

By connecting social media accounts, you authorize NovaSpark to access and act on your behalf within the scope of granted permissions. You can revoke this authorization at any time by disconnecting accounts in your settings or revoking API access through the respective platform's settings.

5.1 General Obligations

You agree to:

• Use the Service only for lawful purposes in compliance with all applicable laws and regulations
• Provide accurate, complete, and current information
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access or security breaches
• Accept responsibility for all activities conducted through your account

5.2 Prohibited Content

You may not post, publish, or transmit content that:

• Hate Speech or Harassment: Content promoting violence, hatred, or discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
• Misinformation: Deliberately false or misleading information that could cause harm
• Adult Content: Sexually explicit material or pornography (unless permitted by specific platform rules)
• Violence: Content promoting, glorifying, or depicting graphic violence
• Illegal Activities: Content promoting illegal drugs, weapons sales, human trafficking, or other illegal activities
• Intellectual Property Infringement: Content that violates copyrights, trademarks, or other IP rights
• Malicious Content: Malware, viruses, phishing attempts, or other harmful code
• Child Exploitation: Any content exploiting or endangering minors (zero tolerance)

5.3 Prohibited Activities

You may not:

• Spam: Send bulk unsolicited messages or engage in spamming activities
• Impersonation: Impersonate any person, entity, or falsely state affiliation
• Fake Accounts: Create or operate fake, duplicate, or misleading accounts
• Artificial Engagement: Purchase, sell, or artificially inflate followers, likes, views, or other engagement metrics
• Fraud or Phishing: Engage in fraudulent activities, scams, or phishing attempts
• Unauthorized Access: Attempt to gain unauthorized access to the Service, other accounts, or computer systems
• Service Disruption: Interfere with, disrupt, or place unreasonable load on the Service or servers
• Reverse Engineering: Reverse engineer, decompile, disassemble, or attempt to extract source code
• API Abuse: Abuse APIs, circumvent rate limits, or use automated systems except as authorized
• Resale: Resell, redistribute, or sublicense the Service without written authorization
• Data Scraping: Scrape, harvest, or collect user data without authorization

5.4 Security Obligations

• Strong Passwords: Use strong, unique passwords for your account
• Two-Factor Authentication: We strongly recommend enabling 2FA
• Token Security: Keep social media access tokens secure; disconnect unused accounts
• Vulnerability Reporting: Report security vulnerabilities responsibly to security@novamind.ae

5.5 Consequences of Violations

Violations may result in warning, content removal, temporary suspension, or permanent account termination, depending on severity. We may also report illegal activities to law enforcement.

6.1 Your Content

You retain all rights to content you create, upload, or publish through NovaSpark ("Your Content"). By using the Service, you grant us a limited license to:

• Store, process, and display Your Content as necessary to provide the Service
• Publish Your Content to connected social media platforms as instructed by you
• Create backups and copies for Service reliability

This license ends when you delete Your Content or terminate your account (subject to backup retention periods).

6.2 NovaSpark Intellectual Property

The Service, including its design, features, code, trademarks, and all intellectual property rights, are owned by NovaMind Technologies FZE. You may not copy, modify, distribute, or create derivative works without written permission.

6.3 Content Responsibility

You are solely responsible for Your Content and any consequences of posting or publishing it. We do not endorse, support, or guarantee the accuracy of any user content.

6A.1 Our Rights

We reserve the right, but have no obligation, to:

• Monitor, review, or screen content uploaded or transmitted through the Service
• Remove or refuse to display content that violates these Terms, platform policies, or applicable laws
• Suspend or terminate accounts for repeated violations or serious breaches
• Cooperate with law enforcement investigations

6A.2 Enforcement Actions

• Warning: First-time minor violations may receive a warning
• Content Removal: Violating content will be removed
• Temporary Suspension: Repeated or moderate violations may result in temporary account suspension
• Permanent Termination: Serious violations result in permanent account termination without refund

6A.3 Appeals Process

If you believe content was removed or your account was suspended in error, you may appeal by contacting support@novamind.ae with:

• Your account details
• Description of the content or action in question
• Explanation of why you believe the action was incorrect

We will review appeals within 7 business days and provide a response.

6A.4 No Obligation to Monitor

We are not obligated to monitor content or activities on the Service. We act as a neutral platform and are not responsible for user content or activities.

6B.1 Copyright Policy

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). We will respond to valid DMCA takedown notices and may terminate accounts of repeat infringers.

6B.2 DMCA Takedown Procedure

If you believe your copyrighted work has been infringed, send a DMCA notice to our Copyright Agent at legal@novamind.ae including:

• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material and its location on our Service
• Your contact information (name, address, phone, email)
• A statement of good faith belief that the use is not authorized
• A statement that the information is accurate and you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

6B.3 Counter-Notification

If your content was removed due to a DMCA notice and you believe it was removed in error, you may submit a counter-notification to our Copyright Agent with:

• Identification of the removed material and its former location
• A statement under penalty of perjury that the removal was a mistake or misidentification
• Your contact information
• Consent to jurisdiction of federal court
• Your physical or electronic signature

6B.4 Repeat Infringer Policy

We maintain a policy of terminating accounts of users who are repeat copyright infringers in appropriate circumstances.

6B.5 Trademark Protection

If you believe your trademark is being infringed, contact us at legal@novamind.ae with details of the infringement and proof of your trademark registration.

6B.6 Copyright Agent Contact

Copyright Agent: NovaMind Technologies FZE Legal Department
Email: legal@novamind.ae
Address: NovaMind Technologies FZE, Ajman, United Arab Emirates

7.1 Pricing

Subscription prices are listed on our pricing page. We reserve the right to change prices with 30 days' notice. Price changes do not affect existing subscriptions until renewal.

7.2 Billing

• Subscriptions are billed monthly or annually in advance
• Payment is due at the start of each billing period
• We accept major credit cards and other payment methods as listed
• You authorize us to charge your payment method for all fees
• Failed payments may result in service suspension or termination

7.3 Refunds

We do not offer refunds for subscriptions. All payments are final. Refunds may only be considered under special circumstances, such as fraudulent charges or as required by applicable law. We encourage you to utilize our 3-day trial period to ensure NovaSpark meets your needs before purchasing a subscription.

7.4 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You will retain access until the period ends. No partial refunds for unused time.

8.1 Termination by You

You may terminate your account at any time by contacting support or using account deletion features. Upon termination, we will delete your data according to our Privacy Policy.

8.2 Termination by Us

We may suspend or terminate your account if you:

• Violate these Terms or our policies
• Engage in fraudulent or illegal activities
• Fail to pay fees when due
• Cause harm to other users or the Service
• Abuse or misuse the Service

We will provide notice when reasonably possible. In cases of serious violations, we may terminate immediately without notice.

8A.1 Your Right to Data Portability

You have the right to export your data from NovaSpark at any time. We provide tools to export:

• Account information and profile data
• Post content, captions, and media files
• Scheduled posts and drafts
• Analytics data and reports
• Team member lists (for agencies)

8A.2 Export Formats

Data can be exported in the following formats:

• JSON: Machine-readable structured format for developers
• CSV: Spreadsheet format for data analysis
• PDF: Human-readable format for records

8A.3 Export Process

• Self-service export available in account settings
• For comprehensive data exports, contact support@novamind.ae
• Export requests processed within 30 days
• Download links valid for 7 days after generation

8B.1 Service Availability

We strive to provide reliable service, but we do not guarantee 100% uptime. The Service is provided on a "best effort" basis without guaranteed availability.

8B.2 Maintenance and Downtime

• Scheduled Maintenance: We will notify you of scheduled maintenance at least 24 hours in advance when possible
• Emergency Maintenance: May be performed without notice for critical security or stability issues
• Platform Dependencies: Service functionality depends on third-party social media platform APIs

8B.3 Platform API Dependencies

Our Service relies on APIs provided by social media platforms. We are not responsible for:

• Platform API outages or downtime
• Changes to platform APIs that affect functionality
• Platform rate limiting or API restrictions
• Platform policy changes that impact service features

8B.4 Support Response Times

• Critical Issues: We aim to respond within 4 hours during business hours
• General Support: We aim to respond within 24 hours
• Business Hours: Sunday-Thursday, 9 AM - 6 PM GST (Gulf Standard Time)

8C.1 Export Control Laws

The Service and underlying technology may be subject to export control laws and regulations, including but not limited to:

• U.S. Export Administration Regulations (EAR)
• U.S. International Traffic in Arms Regulations (ITAR)
• Export control laws of the United Arab Emirates

8C.2 Prohibited Jurisdictions

You may not use the Service if you are located in, or a national or resident of, any country subject to U.S. or international sanctions, including but not limited to countries designated by OFAC.

8C.3 Encryption Export

The Service uses encryption technology that may be subject to export restrictions. By using the Service, you represent that you are not located in a prohibited jurisdiction and will comply with all applicable export laws.

8C.4 Sanctions Screening

We reserve the right to screen users and transactions against sanctions lists and may suspend or terminate accounts found to violate sanctions or export control laws.

9.1 Service "As Is"

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, error-free, or secure.

9.2 Limitation of Liability

To the maximum extent permitted by law, NovaMind Technologies FZE and its affiliates shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or downtime
• Actions or content of third parties, including social media platforms
• Unauthorized access to your account or data
• Errors, mistakes, or inaccuracies in the Service

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim, or 100 AED, whichever is greater.

9.3 Indemnification

You agree to indemnify and hold harmless NovaMind Technologies FZE from any claims, damages, losses, or expenses arising from your use of the Service, Your Content, or violation of these Terms.

9.4 Ban & Suspension Disclaimer

You acknowledge that Social Media Platforms (e.g., Instagram, TikTok, X) strictly regulate automation. NovaSpark is not responsible or liable for any account suspension, restriction, 'shadowban,' or permanent ban resulting from your use of our automation features. You agree that you use these features at your own risk.

9.5 Platform Independence

NovaSpark is an independent third-party application and is not affiliated with, endorsed by, or sponsored by Meta, ByteDance, Snap Inc., or X Corp. We do not guarantee that our Service will always be compatible with third-party APIs. If a platform changes their API and breaks a feature, this does not constitute a breach of this Agreement.

10.1 Governing Law

These Terms are governed by the laws of the United Arab Emirates, without regard to conflict of law principles.

10.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall first be resolved through good-faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration in Ajman, United Arab Emirates.

10.3 Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive the right to participate in class actions, class arbitrations, or representative actions.

We may update these Terms from time to time. We will notify you of material changes via email or through the Service. Continued use after changes constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you must stop using the Service and may terminate your account.

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NovaMind Technologies FZE regarding the Service.

12.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

12.3 No Waiver

Our failure to enforce any right or provision shall not be deemed a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms at any time without notice.

For questions about these Terms, contact us:

• Email: legal@novamind.ae
• Support: support@novamind.ae
• Phone: +971 55 540 9172
• Address: NovaMind Technologies FZE, Ajman, United Arab Emirates