Terms of Service

Welcome to NohaTek ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website located at nohatek.com (the "Site"), our software platform, managed services, and any related services we provide (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services. If you are using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

You must be at least eighteen (18) years of age to use our Services. By using the Services, you represent and warrant that:

• You are at least 18 years old
• You have the legal capacity to enter into a binding agreement
• You are not prohibited from using the Services under applicable law
• You will use the Services only for lawful business purposes
• All registration information you submit is truthful, accurate, and complete

NohaTek provides a digital infrastructure platform that deploys and manages open-source microservices for businesses. Our Services include, but are not limited to:

• Managed Software Modules: Deployment and management of self-hosted applications including CMS, CRM, automation, cloud storage, invoicing, monitoring, e-signature, and communication tools
• Infrastructure Management: Server provisioning, maintenance, updates, and security monitoring
• Technical Support: Assistance with module configuration, troubleshooting, and optimization
• Custom Development: Additional development services as separately agreed upon

The specific features and capabilities available to you depend on the subscription plan you select.

4.1 Account Creation

To access certain features of our Services, you must create an account. When creating your account, you agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for safeguarding the password and any other credentials used to access your account. You agree not to share your login credentials with any third party. You must immediately notify us of any unauthorized use of your account or any other breach of security at nohatekfounder@gmail.com.

4.3 Account Responsibility

You are fully responsible for all activities that occur under your account, whether or not authorized by you. We are not liable for any loss or damage arising from your failure to protect your account credentials.

5.1 Subscription Tiers

We offer various subscription plans with different features, module limits, and pricing. The specific terms of your subscription, including pricing and included features, will be presented to you at the time of purchase and are incorporated into these Terms by reference.

5.2 Billing and Payment

All fees are quoted in U.S. dollars unless otherwise specified. You agree to pay all fees associated with your selected subscription plan. Payments are processed through our third-party payment processor, Stripe. By providing payment information, you authorize us to charge the applicable fees to your designated payment method.

5.3 Billing Cycle

Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your selected plan). Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

5.4 Price Changes

We reserve the right to modify our pricing at any time. Any price changes will be communicated to you at least thirty (30) days before taking effect. Your continued use of the Services after a price change constitutes acceptance of the new pricing.

5.5 Taxes

All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes, levies, or duties, excluding only taxes based on our net income.

All sales are final. We do not offer refunds for any subscription fees, setup fees, or other charges. By purchasing a subscription, you acknowledge and agree that:

• No refunds will be issued for any reason, including but not limited to dissatisfaction with the Services, failure to use the Services, or early cancellation
• If you cancel your subscription, you will retain access to the Services until the end of your current billing period, but no refund or credit will be provided for the remaining time
• Promotional credits or discounts are non-refundable and have no cash value

We encourage you to carefully evaluate our Services before purchasing a subscription.

7.1 How to Cancel

You may cancel your subscription at any time through your account dashboard or by contacting us at nohatekfounder@gmail.com. Cancellation will take effect at the end of your current billing period.

7.2 Effect of Cancellation

Upon cancellation, you will retain access to your Services until the end of the current billing period. After that period ends, your access to the Services will be terminated, and your data may be deleted in accordance with our data retention policies.

7.3 Data Export

We recommend exporting your data before your subscription ends. We may provide reasonable assistance with data export upon request, subject to our then-current policies and any applicable fees.

We do not guarantee any specific level of uptime or availability for our Services. While we strive to maintain reliable service, you acknowledge and agree that:

• The Services are provided on a "best effort" basis without any uptime guarantees or service level agreements
• The Services may be temporarily unavailable due to scheduled maintenance, updates, security patches, or emergency repairs
• Unplanned outages may occur due to factors beyond our control, including but not limited to infrastructure failures, cyberattacks, natural disasters, or third-party service disruptions
• We are not liable for any damages, losses, or costs resulting from service unavailability or interruptions

We will make reasonable efforts to notify you of scheduled maintenance in advance when practical, but we are not obligated to do so.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services for any illegal, fraudulent, or harmful purpose
• Violate any applicable laws, regulations, or third-party rights
• Transmit any viruses, malware, or other malicious code
• Attempt to gain unauthorized access to our systems, other users' accounts, or any related networks
• Interfere with or disrupt the integrity or performance of the Services
• Engage in any activity that could damage, disable, or impair the Services
• Use automated systems (bots, scripts, etc.) to access the Services without our prior written consent
• Resell, sublicense, or redistribute the Services without our authorization
• Store, transmit, or process any content that is illegal, defamatory, obscene, or violates any third-party rights
• Use the Services to send unsolicited communications (spam)

We reserve the right to investigate and take appropriate action against anyone who violates this Acceptable Use Policy, including removing content, suspending or terminating accounts, and reporting violations to law enforcement.

10.1 Our Intellectual Property

The Services, including all software, design, text, graphics, logos, interfaces, and other content provided by us, are owned by or licensed to NohaTek and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our express written permission.

10.2 Your Content and Data

You retain all rights to any content, data, or materials you upload, store, or transmit through the Services ("Your Content"). You grant us a limited license to host, store, and process Your Content solely as necessary to provide the Services to you.

10.3 Data Ownership

Your data belongs to you. We do not claim ownership of any data you store or process through our Services. You may request export of your data at any time, subject to our then-current data export policies.

10.4 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Services, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into our Services without any obligation to you.

Our Services may integrate with or rely upon third-party services, including but not limited to:

• Payment processing (Stripe)
• Email delivery services
• Cloud infrastructure providers
• Open-source software components

Your use of any third-party services is subject to the terms and policies of those third parties. We are not responsible for the availability, accuracy, or actions of any third-party services. Any issues arising from third-party services should be addressed directly with the applicable third party.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We may add, remove, or change features, functionality, or modules. While we will make reasonable efforts to notify you of significant changes, we are not liable to you or any third party for any modifications, suspensions, or discontinuations of the Services.

13.1 Termination by You

You may terminate your account at any time by canceling your subscription and ceasing to use the Services.

13.2 Termination by Us

We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms or any applicable policies
• Non-payment of fees
• Fraudulent, abusive, or illegal activity
• Requests by law enforcement or government agencies
• Extended periods of inactivity
• Unexpected technical or security issues

13.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. We may delete your account and all associated data. Provisions of these Terms that by their nature should survive termination will survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will meet your specific requirements or expectations
• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from the Services will be accurate or reliable
• Any errors in the Services will be corrected

You use the Services at your own risk. No advice or information obtained from us shall create any warranty not expressly stated in these Terms.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOHATEK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless NohaTek and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Services
• Your Content or data
• Your violation of these Terms
• Your violation of any applicable laws or third-party rights
• Any activity conducted through your account

17.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at nohatekfounder@gmail.com to attempt to resolve any dispute informally. We will attempt to resolve the dispute through good-faith negotiations for at least thirty (30) days.

17.2 Binding Arbitration

IF WE CANNOT RESOLVE A DISPUTE INFORMALLY, ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, RATHER THAN IN COURT.

Arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall be held in a mutually agreed location or remotely via video conference if preferred by both parties.

17.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

17.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

These Terms shall be governed by and construed in accordance with the laws of the United States of America, without regard to conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located within the United States.

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and NohaTek regarding the Services and supersede all prior agreements, understandings, and communications.

19.2 Severability

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

19.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

19.5 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, labor disputes, internet or infrastructure failures, cyberattacks, or any other unforeseeable events.

19.6 Notices

All notices to us should be sent to nohatekfounder@gmail.com. We may provide notices to you via email to the address associated with your account or through the Services.

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through the Services at least thirty (30) days before the changes take effect. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

We encourage you to review these Terms periodically for any updates.

If you have any questions about these Terms of Service, please contact us at:

NohaTek
Email: nohatekfounder@gmail.com
Website: https://nohatek.com