Please read these terms carefully before using any NovaFly product or service.
Welcome to NovaFly. These Terms of Use ("Terms") describe the rules and conditions that apply when you access, download, install, or otherwise make use of any NovaFly LLC ("we," "our," or "us") product (the "Product"). Please take the time to read these Terms carefully before proceeding.
Your use of the Product constitutes your acceptance of, and agreement to be bound by, these Terms in full. If you do not accept these Terms, you are not permitted to use the Product.
PLEASE NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE. BY AGREEING TO THESE TERMS, YOU AND NOVAFLY WAIVE THE RIGHT TO RESOLVE DISPUTES IN COURT BEFORE A JUDGE OR JURY. ALL DISPUTES WILL BE HANDLED THROUGH INDIVIDUAL BINDING ARBITRATION.
Use of the Product is limited to individuals who are at least eighteen (18) years old and who possess the legal authority to enter into enforceable contracts. By accessing or using the Product, you confirm that you satisfy these eligibility requirements.
Some features of the Product require a registered user account. By creating an account, you commit to:
We reserve the right to suspend or close accounts that are found to be in violation of these Terms.
All rights, title, and interest in the Product — including its firmware, software, visual design, interfaces, documentation, and all associated components — belong exclusively to NovaFly LLC or its licensors, unless explicitly stated otherwise. These materials are protected under copyright, patent, trademark, and other intellectual property laws. Nothing in these Terms transfers ownership of any such rights to you.
Provided that you remain in compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Product:
No other rights or licenses are granted, whether by implication, estoppel, or otherwise. All rights not expressly granted herein are reserved by NovaFly LLC.
When using the Product, you agree not to, directly or indirectly:
We may periodically release updates, patches, or upgrades through the App to address safety concerns, improve performance, or modify features of the Product. By using the Product, you acknowledge that:
In the event of a violation of these Terms, we may, at our sole discretion and without advance notice:
THE PRODUCT IS MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOVAFLY LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND — WHETHER EXPRESS, IMPLIED, OR STATUTORY — REGARDING THE PRODUCT OR ITS OPERATION. THIS INCLUDES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
CERTAIN JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF PARTICULAR WARRANTIES. IN SUCH CASES, THE ABOVE EXCLUSIONS MAY NOT FULLY APPLY TO YOU, AND YOU MAY HOLD ADDITIONAL RIGHTS UNDER LOCAL LAW.
You agree to indemnify, defend, and hold harmless NovaFly LLC and its parent companies, subsidiaries, affiliated entities, and each of their respective directors, officers, employees, contractors, agents, and legal counsel (together, the "Protected Parties") from and against any claims, liabilities, losses, damages, penalties, settlements, and related costs and expenses (including reasonable legal fees) arising from or connected to:
These indemnification obligations will remain in effect after these Terms expire or are terminated, and after you cease using the Product.
These Terms, and any dispute or claim arising out of or in connection with them or the Product, shall be interpreted and enforced in accordance with the laws of the State of California, excluding its choice of law provisions.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Product — including questions about their formation, scope, validity, interpretation, breach, or termination — shall be submitted to and resolved exclusively through final and binding arbitration. Such arbitration shall be administered by the American Arbitration Association under its then-current applicable rules.
Both you and NovaFly LLC agree that:
Where court proceedings are permitted under these Terms (such as to enforce an arbitral award), both parties agree that such proceedings must be brought exclusively before the state or federal courts situated in Sacramento County, California. You and NovaFly LLC each irrevocably consent to the personal jurisdiction and venue of those courts for such purposes.
These Terms represent the complete and exclusive agreement between you and NovaFly LLC with respect to your use of the Product. They supersede all prior discussions, representations, and agreements — whether written or oral — relating to the same subject matter.
You may not transfer, assign, or delegate your rights or obligations under these Terms — whether voluntarily, by operation of law, or otherwise — without obtaining prior written approval from NovaFly LLC. Any purported transfer made without such approval will have no legal effect.
NovaFly LLC may assign or transfer these Terms, in whole or in part, at any time and without prior notice to you.
If you have any questions about these Terms, please contact us: