These Terms of Service (“Terms”) form a binding agreement between you or the entity you represent (“Customer”, “you”) and NOVA INNOVATIONS SOFTWARE DESIGN L.L.C S.O.C (“TakeOvr”, “we”) governing access to and use of takeovr.ai, the TakeOvr web and mobile applications, and any related APIs, integrations and services (the “Service”).
Eligibility & Acceptance
You must be at least 18 years old and legally authorised to bind the entity you represent. By signing up, accessing or using the Service you accept these Terms. If you do not accept, do not use the Service.
Subscription & Plans
The Service is provided on a subscription basis under the plan and term agreed in your order form, online sign-up or purchase order. Pricing, billing frequency and committed term are set out there. Subscriptions auto-renew for equal successive periods unless either party gives 30 days' notice before the next renewal.
Pilot and free-tier programs are governed by these Terms except where the program description states otherwise.
Customer Accounts
You are responsible for maintaining the confidentiality of account credentials and for all activity under your accounts. You must notify us immediately of any unauthorised access. We are not liable for losses caused by your failure to safeguard credentials. Enterprise tenants must enforce SSO/SAML where available.
Customer Data & Ownership
You retain all rights, title and interest in data you submit or that your connected devices emit through the Service (“Customer Data”). You grant TakeOvr a worldwide, royalty-free licence to process Customer Data only as necessary to provide, secure and improve the Service for you and to comply with law.
Aggregated, de-identified data may be used by TakeOvr for benchmarking, analytics and platform improvement, provided no individual customer or person can be identified.
We do not sell Customer Data and we do not use it to train third-party AI models.
Acceptable Use
You agree not to, and will not allow others to:
- reverse engineer, decompile or disassemble the Service;
- circumvent any security or rate-limit controls;
- upload malicious code or perform penetration tests without prior written consent;
- use the Service to violate applicable law or third-party rights;
- resell, sublicence or white-label the Service without a written agreement;
- scrape, harvest or extract data through automated means beyond documented API limits.
Violations may result in suspension or termination without refund.
Service Levels & Support
TakeOvr targets 99.9% monthly uptime for production tenants on paid plans. Service credits and the formal SLA are described in the customer's order form. Support response targets and channels (email, in-app, on-call) depend on the subscription tier.
Fees, Taxes & Invoicing
Fees are stated in your order form or the pricing page at the time of purchase, exclusive of taxes. You are responsible for all applicable taxes, duties and similar government assessments. Invoices are payable within 30 days of the invoice date unless agreed otherwise.
Late payments accrue interest at the lower of 1.5% per month or the maximum permitted by law and may result in suspension after 30 days' written notice.
Confidentiality
Each party will protect the other's confidential information using the same care it uses to protect its own (and no less than reasonable care), and will use it only to perform under these Terms. Confidential information does not include information that is or becomes public, is already known, is independently developed, or is rightfully received from a third party.
Intellectual Property
The Service, including all software, documentation, designs, models and trademarks, is owned by TakeOvr or its licensors. No rights are granted except as expressly set out in these Terms. Feedback you provide may be used by us without restriction or attribution.
Warranties & Disclaimer
Each party warrants it has the authority to enter into these Terms. EXCEPT AS EXPRESSLY SET OUT HERE, THE SERVICE IS PROVIDED “AS IS” AND TAKEOVR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUE. EACH PARTY'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS IS CAPPED AT THE FEES PAID BY THE CUSTOMER TO TAKEOVR IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO BREACHES OF CONFIDENTIALITY, INFRINGEMENT OF IP OR WILFUL MISCONDUCT.
Term & Termination
These Terms remain in effect while you use the Service. Either party may terminate for material breach uncured after 30 days' written notice. You may stop using the Service at any time, but ongoing subscription fees are non-refundable except where stated otherwise.
On termination, your access ends. We will provide a 30-day window during which you can export Customer Data via the standard export tools, after which we may delete it in accordance with the Privacy Policy.
Governing Law & Venue
These Terms are governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai, without regard to conflict-of-laws principles. The Dubai International Financial Centre (DIFC) Courts have exclusive jurisdiction over disputes, except that either party may seek injunctive relief in any court of competent jurisdiction.
Changes to these Terms
We may update these Terms. Material changes will be announced via email to account administrators at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.
Contact
Questions about these Terms? Email zee@novakhan.com or use the contact form.