1. Overview and Agreement

These Terms of Service (“Agreement”) are a binding contract between Novera Systems, LLC, a Delaware limited liability company (“Novera,” “we,” “our,” or “us”), and the individual or entity (“Customer,” “you,” or “your”) using Novera’s inbound call-handling platform, website, or related services (collectively, the “Services”).

By creating an account or using the Services, you agree to be bound by this Agreement and our Privacy Policy. If you do not agree, do not use the Services.

2. Description of Services

Novera Systems provides AI-driven inbound call reception software. Features may include:

• AI voice reception and call routing via Telnyx or similar carriers
• Appointment scheduling, reminders, and calendar synchronization
• Call recording, transcription, and analytics
• Reporting dashboards (ROI, minutes used, bookings)
• Billing and subscription management through Stripe
• Administrative portal for configuration and change requests

Novera does not initiate calls, perform marketing campaigns, or act as a telemarketer.

3. Regulatory Position

3.1 SaaS Layer, Not a Common Carrier

Novera provides software and AI functionality layered on top of telecommunications networks. Responsibility for compliance with TCPA, TSR, FCC, FTC, or state call-recording laws rests entirely with you.

3.2 Inbound Consent

Customer represents that all callers contacting their business have initiated contact voluntarily. Customer agrees not to configure Novera in any way that creates outbound calls, automated dialing, or prerecorded solicitations.

3.3 Recording & Transcription Compliance

If you enable call recording or transcription, you are solely responsible for providing any legally required notice and obtaining consent from callers under applicable law (including two-party consent states such as CA, FL, IL, MD, PA, WA).

4. Account and Security

• Maintain an account with accurate, complete, and current information.
• You are responsible for all activity under your credentials.
• Notify us immediately of any unauthorized use or suspected security incident.

5. Customer Responsibilities

• Use the Services only for legitimate inbound business communications.
• Not use Novera to screen, analyze, or record calls for unrelated third parties.
• Ensure compliance with all applicable laws regarding PII, PCI, HIPAA, or similar data.

6. Call Data and Retention

• You retain ownership of inbound call data.
• You grant Novera a limited license to process such data solely to provide and improve the Services.
• You can request deletion through your Customer Portal.
• Novera may keep anonymized statistics indefinitely.

7. Fair Use Policy

• Services are designed to handle reasonable inbound call volumes from normal business operations.
• Unusual or abusive traffic may trigger throttling or suspension.
• Attempts to bypass limits will be treated as violations.

8. Monitoring, Compliance, and Enforcement

Novera may monitor usage, transcripts, and logs to enforce these Terms. Any attempt to circumvent billing or use the system for outbound activity constitutes a material breach.

9. Intellectual Property

All rights, title, and interest in the Services belong exclusively to Novera Systems, LLC. You may use the Services only as authorized by this Agreement.

10. Proprietary Rights and Non-Competition

The logic, prompts, and workflows underlying Novera’s AI constitute proprietary trade secrets. You agree not to copy, reproduce, decompile, or build any competing product using Novera’s technology for three (3) years following termination.

11. Confidentiality

All non-public information exchanged between you and Novera is confidential. Neither party may disclose such information except to fulfill contractual obligations or as required by law.

12. AI Disclaimer

The Services employ automated AI systems. Novera makes no representation regarding the accuracy or suitability of AI-generated output. You accept full responsibility for how AI responses are used.

13. AI Improvement and Beta Features

Certain components may be provided in beta form. Novera may use anonymized call data to improve model accuracy. Participation in beta features is voluntary.

14. Feedback

You grant Novera a perpetual, irrevocable, royalty-free license to use any suggestions or feedback you provide.

15. Suspension and Termination

Novera may suspend or terminate your account if you breach this Agreement, fail to pay fees, or create legal or security risk. Termination does not relieve payment obligations.

16. Disclaimers

The Services are provided “as is” and “as available.” Novera disclaims all warranties, express or implied.

17. Limitation of Liability

• Novera shall not be liable for any indirect, incidental, consequential, or punitive damages.
• Total liability shall not exceed fees paid in the twelve (12) months preceding the event.
• Claims must be filed within one (1) year or are permanently barred.

18. Indemnification

You will defend, indemnify, and hold harmless Novera from all claims arising from your use of the Services or breach of this Agreement.

19. No Legal or Professional Advice

The Services are for informational purposes only. Novera does not provide legal, medical, or financial advice.

20. No Agency or Partnership

Nothing in this Agreement creates any partnership, joint venture, or agency relationship.

21. Governing Law and Venue

This Agreement is governed by the laws of the State of Delaware. Venue shall be in Travis County, Texas.

22. Dispute Resolution and Arbitration

• Any dispute shall be resolved by binding arbitration administered by the AAA in Austin, Texas.
• Class actions and consolidated proceedings are prohibited.
• By agreeing, you waive the right to a jury trial or class action.

23. Force Majeure

Novera is not liable for delay or failure due to causes beyond its reasonable control.

24. Electronic Communications

You consent to receive communications electronically from Novera.

25. Survival

Sections 6 through 25 survive termination or expiration of this Agreement.

26. Amendments

We may modify these Terms. Updated versions will be posted with a new “Last Updated” date. Continued use constitutes acceptance.

27. Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Novera Systems.

28. Contact

Novera Systems, LLC · A Delaware Limited Liability Company
Email: contact@novera-ai.com
Mailing Address: 7509 Travertine Spring Dr, Austin, Texas 78744