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Terms of Service

Introduction

Welcome to Ergonomicky, a service provided by NOVICO LLC, a company incorporated under the laws of the State of New York. By accessing or using Ergonomicky, you agree to comply with these Terms of Service ("Terms").

Privacy Policy

Your use of Ergonomicky is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. You can review our Privacy Policy here.

User Content

  1. Ownership and Responsibility: You retain ownership of any data, information, documents, files, or other content ("Content") you submit, upload, or store using Ergonomicky.

  2. Prohibited Content: You agree not to submit, upload, or store Content that is illegal, harmful, abusive, defamatory, obscene, or otherwise offensive. Additionally, you must not submit, upload, or store Content that violates the intellectual property rights of any third party.

  3. Disclaimer: You acknowledge and agree that NOVICO LLC does not endorse, support, or guarantee the accuracy, completeness, or reliability of any Content.

Fees and Payment

  1. Charges: NOVICO LLC reserves the right to charge fees for the use of its services. You agree to pay all applicable fees in a timely manner.

  2. Changes to Fees: NOVICO LLC reserves the right to modify its fees and payment policies at any time, with notice to you.

Limitation of Liability

  1. General Limitation: In no event shall NOVICO LLC be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of, inability to use, or reliance on Ergonomicky.

  2. Liability Cap: The liability of NOVICO LLC for any claim arising out of or relating to these Terms shall not exceed the amount paid by you to NOVICO LLC for its services during the twelve (12) months preceding the claim.

  3. Unauthorized Access: NOVICO LLC shall not be liable for any damages arising from the unauthorized access to or use of any Content.

Disclaimer of Warranties

Ergonomicky is provided on an "as is" and "as available" basis. NOVICO LLC disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. NOVICO LLC does not warrant that Ergonomicky will meet your requirements, be error-free, uninterrupted, or secure.

Indemnification

You agree to indemnify and hold NOVICO LLC and its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to your use of Ergonomicky or any violation of these Terms by you.

Termination

NOVICO LLC reserves the right to suspend or terminate your Ergonomicky account at any time, without notice, for conduct that we believe violates these Terms or is harmful to NOVICO LLC or any third parties.

Miscellaneous

  1. Assignment: NOVICO LLC may assign these Terms or any of its rights or obligations hereunder without your prior consent. You may not assign these Terms or any of your rights or obligations hereunder without the prior written consent of NOVICO LLC.

  2. No Waiver: The failure of either party to enforce any provision of these Terms shall not be deemed a waiver of such provision or the right to enforce such provision.

  3. Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

  4. Entire Agreement: These Terms constitute the entire agreement between you and NOVICO LLC regarding your use of Ergonomicky, superseding any prior agreements or discussions between you and NOVICO LLC regarding the subject matter herein.

  5. Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any dispute arising under these Terms shall be resolved exclusively in the state and federal courts located in New York, NY.

  6. Changes to Terms: NOVICO LLC reserves the right to modify these Terms at any time. Your continued use of Ergonomicky following any changes signifies your acceptance of the revised Terms.

By using Ergonomicky, you acknowledge that you have read, understood, and agree to be bound by these Terms.