JOVIA TERMS AND CONDITIONS OF USE

Please read these terms of use carefully before using the services offered by Noviah Technology Corp (Noviah), a Delaware corporation. These terms of use set forth the legally binding terms and conditions for your use of the technology (JOVIA) and the services, features, content, applications (collectively with the myJOVIA site, the "service") offered by Noviah Technology Corp.

Acceptance of Terms

By registering for and/or using the Service in any manner, including but not limited to downloading the application, visiting or browsing the Site, you agree to all of the terms and conditions contained herein ("Terms and Conditions of Use"), which also incorporate Noviah’s Privacy Policy and all other operating rules, policies and procedures that may be published from time to time on the Site by Noviah, each of which is incorporated by reference and each of which may be updated by Noviah from time to time without notice to you in accordance with the terms set out under the "Modification of Terms of Use" section below. In addition, some services offered through the Service may be subject to additional terms and conditions specified by Noviah from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the App and Site, individual users of the Service, venues that access the Service, and users that have data on the Service.

Access

Subject to these Terms of Use, JOVIA may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services JOVIA performs for you, any applications or widgets offered by Noviah that you download from the Site or, subject to the terms set out under the "Third party Sites and Services" section below, from third party application stores (e.g., iTunes® store, GooglePlay™, or Google Apps Marketplace) authorized by Noviah, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).

Registration and Eligibility

You may browse the App and Site to view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with Noviah and represent, warrant and covenant that you provide Noviah with accurate and complete registration information (including, but not limited to a first and last name ("User Name"), e-mail address and/or mobile telephone number you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your JOVIA account.

You shall not:

  • create any account for anyone other than yourself without such person's permission
  • use the name of another person with the intent to impersonate that person
  • use a JOVIA account that is subject to any rights of a person other than you without appropriate authorization; or
  • use a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

Noviah’s and your rights

  • Noviah reserves the right to refuse registration of, or cancel an account at its sole discretion
  • You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your JOVIA account.
  • You shall never use another user's account without such other user's prior express permission. You will immediately notify JOVIA in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 18 years old. JOVIA may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.

If you use a mobile device, please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Services within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

Thank you for using JOVIA! We wrote this policy to help you understand what information we collect, how we use it, and the choices you have. We welcome your questions and comments on this policy.

What information do we collect?

The information we collect may be "personally identifiable" (meaning it can be used to specifically identify you as a unique person) or "non‐personally identifiable" (meaning it can't be used to specifically identify you).We collect information during sign‐up (step in app installation process) and when you use JOVIA.

  1. During sign‐up: When you sign up you voluntarily give us your email address.
  2. When you use JOVIA

These days, whenever you use a website, mobile application, or other Internet service, there's certain information that almost always gets created and recorded automatically. The same is true when you use JOVIA. Here are some of the types of information we collect:

  • Log Data: Whenever you use JOVIA for an interaction our servers automatically record information ("log data") in addition to information the JOVIA app installed on your smartphone provides. Log data may include the date and time of your interaction and location where interaction was initiated. Additionally, any image scanned by your device camera will be sent to our servers as well.
  • Device Information ‐ In addition to Log Data, we may also collect information about the device you're using for JOVIA, including type of device, operating system, device settings and unique device identifier

How do we use the information we collect?

We use the information collected, when you initiate and interaction, to not only give you a fun and rewarding experience, but also improve your experience, develop new functions and features, and protect JOVIA, other users and clients of Noviah Technology Corp. We use the information collected to offer you:

  • Customized content ‐ rewards and information that you might be interested in.
  • Relevant content ‐ rewards and information that is contextual to the time and location you are currently located.
  • Learn about how you use the rewards and information provided to give you a more relevant reward next time.
  • Respond to your questions or comments.

Occasionally, we'll use the information to send you updates, newsletters, marketing materials and other information that may be of interest to you. You can decide to stop getting these updates by updating your account settings (or through other settings we may provide).

Content

The Service contains Content specifically provided by Noviah or its partners and clients, such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

Subject to these Terms of Use, Noviah grants each user of the App and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Noviah, or from the copyright holder identified in such Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.

What choices do you have about your information?

Our goal is to give you simple and meaningful choices over your information. We only collect information only when you use JOVIA for an interaction, not otherwise. You have two simple, yet powerful options to manage your information:

  • Don't use JOVIA: If you are not comfortable to share information with Noviah Technology Corp. at any particular time because of the circumstance or context you are in don't use JOVIA. It is that simple. We will not collect any information outside that you have expressly indicated to collect through your settings.
  • Close your account: A very radical choice for sure but is still available to you. We do not want to see our users leave and lose the benefits of this powerful platform to become a better you. But, if you would like to close your account simply contact us; we'll deactivate it and remove your information from our active database. We may retain archived copies of your information as required by law or for legitimate business purposes (including to help address fraud and spam).

How we share the information we collect?

JOVIA enables users to interact with visual media and access streams of entertainment, find relevant information, and earn rewards, and to do it effectively we may use identifiable information as specified by clients. We may share identifiable information with third‐parties, but the extant and use of information will be limited to the specific instance of use only.

A client, such as an advertiser, would be interested in knowing specifics about users who used JOVIA to interact with one of their advertisements. In this scenario we would give them identifiable information related to their advertisement only and nothing more. Their ability to share with third parties will be restricted to client's use only and not for use of third party.

We may employ third party companies or individuals to process personal information on our behalf based on our instructions and in compliance with this Privacy Policy. For example, we may share data with a security consultant to help us get better at identifying spam or with our accountants to make sure we're keeping the books right.

If we believe that disclosure is reasonably necessary to comply with a law, regulation or legal request; to protect the safety, rights, or property of the public, any person, or Noviah Technology Corp.; or to detect, prevent, or otherwise address fraud, security or technical issues.

We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy.

We may also share aggregated or non‐personally identifiable information with our partners or others. For example, we may tell a client of Noviah Technology Corp. how many people used JOVIA to interact with their ad or program, or the percentage of viewers who interacted with a competitor's ad.

Our Policy on Child Users

JOVIA is best suited for users who are 18 years of age or more but it can be used by users of all ages. JOVIA is only a portal to interact with visual media just like a web browser is a portal to the World Wide Web. It is the policy of Noviah Technology Corp. to present users only with interactions that match the TV General Audience rating of all videos on the app and site. The content videos available to be redeemed for pleasurable viewing carry their own ratings per the motion picture association of America (MPAA) film-rating system which is used in the United States and its territories to rate a film's suitability for certain audiences, based on its content. The MPAA rating system is a voluntary scheme that is not enforced by law; films can be exhibited without a rating. If you learn that your minor child has been provided with inappropriate information, please contact us.

Limitation of Liability

ALL LIABILITY OF NOVIAH, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, CLIENTS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, APP, SERVICE, CONTENT, OR ADD-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF NOVIAH, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOVIAH, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, CLIENTS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT NOVIAH, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK FOR:

    INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;

    LOSS OF ACTUAL OR ANTICIPATED PROFITS;

    LOSS OF REVENUE;

    LOSS OF GOODWILL;

    LOSS OF DATA;

    LOSS OF ANTICIPATED SAVINGS;

    LOSS OF ANTICIPATED SAVINGS;

    WASTED EXPENDITURE; OR

    COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, NOVIAH’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Governing Law

A printed version of these Terms and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and NOVIAH agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules, and the United States of America. For all purposes of these Terms of Use, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Delaware. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section. If you are accepting these Terms of Use on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Delaware (excluding choice of law).

Government Use

The use, duplication, reproduction, release, modification, disclosure or transfer of the software, application or widget is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. Any such software, application or widget is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of any such software, application or widget shall be governed solely by these Terms of Use.

How we make changes to this policy?

We may change this policy from time to time, and if we do we'll post any changes on this page. If you continue to use JOVIA after those changes are in effect, you agree to the revised policy. If the changes are significant, we may provide more prominent notice or obtain your consent as required by law.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

Modification of Terms of Use

Noviah reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the APP or Site or by sending you notice through the Service or via email or Push Notification or Text. Noviah may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Contact

You may contact Noviah at the following address: 9250 Bendix Road, Columbia, MD 21045.

Effective Date: June 8, 2016