Last updated: Mar 20, 2024

We refer to the Terms of Service as the “TOS”.

When we refer to “NovaBit Strategy” or we use pronouns like “we”, “us” or “our”, we are referring to NovaBit Strategy as well as its affiliates and subsidiaries.

We will periodically differentiate between our websites such as nvbstrategy.com (which we will refer to collectively as the “Websites”) and all of our other services, such as our cloud infrastructure and other paid or unpaid services (which we will refer to collectively as the “Services”).

When we refer to the “User”, we are talking about you, and we will also use words like “you” and “your” to refer to you. Who “you” are can get more complicated if you are using our services on behalf of a company, organization, or other entity. In that case, you are representing to us that you have the authority to bind your company, organization, other entity to this TOS and that you agree to be legally bound by this TOS on behalf of such entity (and “User”, “you”, and “your” then refer to such entity). If you aren’t sure what this means or whether you are authorized to bind your company, organization, or entity to this contract, you should ask others in your organization to get clarification about authority.

By accessing and using this and our other Websites and Services, you agree to be bound by the following TOS and all applicable laws and regulations. If you do not agree with these terms, please do not use our Websites and Services.

Terms & Conditions of of the TOS

1. Eligibility & Registration

1.1 Before you use our Websites and Services, you must ensure that such use is in compliance with all laws, rules and regulations applicable to you. Your right to access the Websites and Services is revoked to the extent your use thereof is prohibited or to the extent our provision thereof conflicts with any applicable law, rule or regulation. You are responsible for making these determinations before using the Websites and Services.

1.2 The Websites and Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Websites and Services, you represent and warrant to us that: (a) you are 18 years of age or older; or (b) you otherwise have sufficient legal consent, permission and capacity to use the Websites and Services in applicable jurisdiction(s) as determined by you.

1.3 We may, in our sole discretion, refuse to provide or continue providing the Websites and Services to any person or entity and change eligibility criteria at any time, including if you fail to comply with the TOS. We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any Accounts or access to the Websites and Services at any time at our sole discretion.

2. Services Content

2.1 Our Services allow you to provide us with text, media, or other information for storage, hosting, or processing by the Services (your “Services Content”). 

2.2 Subject to this TOS, by providing your Services Content to or via the Services, you grant NovaBit Strategy a license to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your Services Content solely for the purpose of providing the Services to you.

2.3 As between you and NovaBit Strategy, you retain any copyright and other ownership rights that you may hold in your Services Content.

2.4 Some of our Services allow third parties to access, use, or contribute to your Services Content, including via resale, your own products and services, or public-facing websites, applications, and other manifestations of your Services Content. Such other users are collectively defined as your “End Users” for purposes of this TOS. For clarity, “End Users” in this context includes all such other users, regardless of whether they are intermediary parties, End Users of other End Users, or the like. You are responsible for your End Users’ compliance with this TOS.

2.5 You are solely responsible for your Services Content, End Users and any activity by your End Users, and you agree NovaBit Strategy is not and will not be in any way liable for your Services Content, End Users and/or activity by your End Users. By providing your Services Content via the Services, you affirm, represent, and warrant that:

1. Your Services Content, and your or your End Users’ use of your Services Content, will not violate this TOS or any applicable law, regulation, rule, or third party rights;
2. You are solely responsible for the development, moderation, operation, maintenance, support and use of your Services Content, including when your Services Content is contributed by your End Users;
3. Your Services Content, and your or your End Users’ use of your Services Content, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade a right of privacy, publicity or other property rights of any other person; or (iii) cause us to violate any law, regulation, rule, or rights of third parties; and
4. Except for the specific Services provided to you under this TOS or other express contract, you are solely responsible for the technical operation of your Services Content, including on behalf of your End Users.

2.6 You are responsible for properly configuring and using the Services and taking your own steps to maintain appropriate security, protection and backup of your Services Content, which may include the use of encryption technology to protect your Services Content from unauthorized access and routine archiving your Services Content. NovaBit Strategy does not promise to retain any preservations or backups of your Services Content. You are solely responsible for the integrity, preservation and backup of your Services Content, regardless of whether your use of Services includes a NovaBit Strategy backup feature or functionality, and to the fullest extent permitted by law, NovaBit Strategy shall have no liability for any data loss, unavailability, or other consequences related to the foregoing.

3. No Warranty

3.1 The Websites and Services, including without limitation any content delivered as a part thereof, are provided “as is” and on an “as available” basis. We do not warrant that: (i) the Websites and Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Websites and Services is free of viruses or other harmful components; or (iv) the results of using the Websites and Services will meet your requirements. Your use of the Websites and Services is solely at your own risk.

4. Limitation of Liability

4.1 In no event shall NovaBit Strategy be liable for any damages whatsoever, including but not limited to direct, indirect, special, incidental, or consequential damages, arising out of or in connection with the use or inability to use the Websites and Services or the materials contained in it. This limitation applies regardless of the cause of action, whether based on contract, negligence, strict liability, or other theories, even if NovaBit Strategy has been advised of the possibility of such damage.

5. Indemnification

5.1 You agree to indemnify and hold NovaBit Strategy, its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Websites and Services, your violation of these Terms, or your violation of any rights of another.

6. Termination

6.1 While we prefer to give advance notice of termination, we reserve the right, in our sole discretion, to terminate your access to all or any part of the Websites and/or Services at any time, with or without notice, effective immediately. Any such termination may result in the immediate forfeiture and destruction of data associated with your Account. Except as otherwise set forth herein or expressly agreed between the parties, any and all fees paid to us are non-refundable and any and all fees still owed to us at the time of such termination shall be immediately due and payable. Upon termination, any and all rights granted to you by this TOS will immediately be terminated, and you must also promptly discontinue all use of the Websites and/or Services. All provisions of this TOS which by their nature should reasonably be expected to survive termination shall survive termination.

7 Governing Law

7.1 This Agreement will be governed by and construed in accordance with the laws of Canada.

8. Dispute Resolution

8.1 Any dispute, controversy or claim arising out of or relating to this TOS including any question regarding its existence, interpretation, validity, breach or termination or the business relationship created by it shall be referred to and finally resolved by arbitration under the Canadian Arbitration Association Arbitration Rules.

9 Changes to Terms

9.1 NovaBit Strategy may modify these TOS at any time without notice. Your continued use of any part of the Websites and/or Services following any changes indicates your acceptance of these changes. If you do not agree with the modified terms, you must stop using the Websites and/or Services.

10 Intellectual Property

10.1 Some of the content on Websites and/or Services, including but not limited to text, graphics, images, logos, and software, is the property of NovaBit Strategy or the respective publisher or owner and is protected under copyright, trademark, and other intellectual property laws. You may not copy, distribute, modify, transmit, reproduce, publicly display, or otherwise use any material from this Site without prior written permission from NovaBit Strategy or the respective publisher or owner.

Copyright 2024 NovaBit Strategy Inc. All rights reserved.

No part of NovaBit’s Website may be reproduced, modified, or distributed in any form or manner without the prior written permission of NovaBit Strategy.