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 that answers and manages calls made to your business by third parties.
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. All calls handled by Novera originate from the caller to your business.
3. Regulatory Position
3.1 SaaS Layer, Not a Common Carrier
Novera provides software and AI functionality layered on top of telecommunications networks. Novera is not a telephone carrier, common carrier, or call center. Responsibility for compliance with the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), FCC, FTC, or state call-recording laws rests entirely with you.
3.2 Inbound Consent
Because calls are inbound, 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). Novera provides tools to assist with automated consent messages but cannot guarantee compliance.
4. Account and Security
- To access Novera, you must maintain an account with accurate, complete, and current information.
- You are responsible for all activity under your credentials and must maintain their confidentiality.
- Notify us immediately of any unauthorized use or suspected security incident.
5. Customer Responsibilities (Inbound Context)
You agree to:
- Maintain accurate business and contact information displayed to the public.
- 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 if collected during inbound calls.
6. Call Data and Retention
- You retain ownership of inbound call data (recordings, transcripts, metadata).
- You grant Novera a limited, non-exclusive license to process such data solely to provide and improve the Services.
- Call data is retained per your plan settings or applicable law.
- You can request deletion of data through your Customer Portal.
- Novera may keep anonymized statistics indefinitely for analytics.
7. Fair Use Policy (Inbound-Specific)
- The Services are designed to handle reasonable inbound call volumes from normal business operations.
- Unusual or abusive traffic (e.g., simulated test calls, automated pinging, voicemail farming) may trigger throttling or suspension.
- Novera reserves the right to determine what constitutes fair use.
- Attempts to bypass limits (via aliases, secondary accounts, or API automation) will be treated as violations.
- Novera’s determination of Fair Use is binding unless proven arbitrary or made in bad faith.
8. Monitoring, Compliance, and Enforcement
- Novera may monitor usage, transcripts, and logs to enforce these Terms, maintain service quality, and detect fraud.
- Any attempt to circumvent billing, manipulate AI responses, or use the system for outbound activity constitutes a material breach.
- Novera may suspend or terminate access immediately and pursue all legal remedies.
9. Intellectual Property
- All rights, title, and interest in the Services—including software, AI models, call flows, designs, and documentation—belong exclusively to Novera Systems, LLC.
- You may use the Services only as authorized by this Agreement.
- Novera may use anonymized or aggregated data for analytics and service improvement.
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 or methods for three (3) years following termination of your account.
- Any breach causes irreparable harm, entitling Novera to injunctive relief and damages.
11. Confidentiality
All non-public business, technical, or financial 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 artificial-intelligence (“AI”) systems to generate responses and actions. Novera makes no representation regarding the accuracy or suitability of AI-generated output. You accept full responsibility for how AI responses are used and agree that Novera has no liability for AI behavior, errors, or omissions.
13. AI Improvement and Beta Features
- Certain components of the Services, including Novera’s conversational and scheduling AI, may be provided in beta or pre-release form.
- Customer acknowledges that beta features may contain errors or limitations and are provided “as is.”
- Customer further agrees that Novera may use anonymized and aggregated call data to refine and improve model accuracy, natural-language performance, and overall service functionality, provided such data cannot reasonably identify Customer or its callers.
- Participation in beta features is voluntary and may be discontinued by either party at any time.
14. Feedback
You grant Novera a perpetual, irrevocable, royalty-free license to use, reproduce, and incorporate any suggestions, enhancements, or feedback you provide without restriction or compensation.
15. Suspension and Termination
Novera may suspend or terminate your account immediately if you:
- Breach this Agreement;
- Fail to pay fees; or
- Create legal or security risk.
Termination does not relieve payment obligations. Novera may retain anonymized data for compliance or analytics after termination.
16. Disclaimers
The Services are provided “as is” and “as available.” Novera disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, or non-infringement. No guarantee of specific results or uptime is made.
17. Limitation of Liability
To the maximum extent permitted by law:
- Novera and its affiliates shall not be liable for any indirect, incidental, consequential, or punitive damages, including lost profits or data;
- Total liability for any claim shall not exceed the fees you paid to Novera in the twelve (12) months preceding the event;
- Claims must be filed within one (1) year or are permanently barred.
Some jurisdictions do not allow these limitations; where prohibited, our liability is limited to the minimum extent permitted.
18. Indemnification
You will defend, indemnify, and hold harmless Novera, its officers, employees, and affiliates from all claims, losses, and expenses (including attorneys’ fees) arising from your use of the Services, breach of this Agreement, or violation of law.
19. No Legal or Professional Advice
The Services, including any AI-generated responses, transcriptions, or communications, are provided for informational purposes only. Novera and its AI systems do not provide legal, medical, financial, or other professional advice. Customer is solely responsible for reviewing any AI output and ensuring that all information conveyed to callers complies with applicable laws, regulations, and professional standards. Novera disclaims all liability arising from reliance on AI-generated statements.
20. No Agency or Partnership
Nothing in this Agreement creates any partnership, joint venture, or agency relationship. Neither party may bind the other to any obligation.
21. Governing Law and Venue
This Agreement is governed by and construed under the laws of the State of Delaware, without regard to conflict-of-law principles. Venue for any dispute shall be in Travis County, Texas, and both parties consent to such jurisdiction.
22. Dispute Resolution and Arbitration
- Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Rules.
- The arbitration shall occur in Austin, Texas. The arbitrator’s decision will be final and binding.
- Class actions and consolidated proceedings are prohibited. Each party may bring claims only in its individual capacity.
- 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, including natural disasters, internet outages, governmental acts, or failures of third-party providers.
24. Electronic Communications and Notices
You consent to receive communications electronically from Novera via email or through the Service dashboard. Electronic notices satisfy any legal requirement that such communications be in writing.
25. Survival
Sections 6 through 25 of this Agreement survive termination or expiration, including provisions on Confidentiality, IP, Proprietary Rights, Indemnification, Limitations of Liability, Dispute Resolution, and Governing Law.
26. Amendments
We may modify these Terms from time to time. Updated versions will be posted at novera-ai/legal/terms with a new “Last Updated” date. Continued use constitutes acceptance of the revised Terms.
27. Entire Agreement
This Agreement, together with the Privacy Policy and any executed Order Form or addendum, constitutes the entire agreement between you and Novera systems and supersedes all prior understandings.
28. Contact
Novera Systems, LLC
A Delaware Limited Liability Company
Email: contact@novera-ai.com
Mailing Address: 7509 Travertine Spring Dr, Austin, Texas 78744