NOVA Terms of Service and End-User License Agreement

NOVA Terms of Service and End-User License Agreement (EULA)

Last Updated: January 21, 2025

1. Acknowledgement

This EULA is concluded between you and NOVA, not Apple. NOVA, not Apple, is solely responsible for the Licensed Application and its content. The use of NOVA must comply with the Apple Media Services Terms and Conditions, which you acknowledge you have had the opportunity to review.

2. Scope of License

You are granted a non-transferable license to use NOVA on any Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. This includes access for accounts associated with the purchaser through Family Sharing or volume purchasing. The license does not allow distribution or use over a network that enables multiple devices to use the application simultaneously.

3. Maintenance and Support

NOVA is solely responsible for providing maintenance and support for the Licensed Application. Apple has no obligation to furnish maintenance or support services for NOVA.

4. Warranty

NOVA is responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the Licensed Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Licensed Application. Apple has no further warranty obligations with respect to NOVA, and any other claims, losses, or liabilities related to the Licensed Application are the sole responsibility of NOVA.

5. Product Claims

NOVA, not Apple, is responsible for addressing any claims related to the Licensed Application or your use of it, including but not limited to:

  • Product liability claims.
  • Claims that the Licensed Application fails to conform to applicable legal or regulatory requirements.
  • Claims arising under consumer protection, privacy, or similar legislation, including NOVA’s use of HealthKit or HomeKit frameworks.

6. Intellectual Property Rights

In the event of any third-party claim that NOVA or your use of it infringes a third party’s intellectual property rights, NOVA is solely responsible for investigating, defending, settling, and discharging such claims.

7. Legal Compliance

By using NOVA, you represent and warrant that you are not located in a country subject to a U.S. Government embargo, or designated as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties.

8. Developer Name and Address

If you have questions, complaints, or claims regarding NOVA, please contact us:

  • Name: Golden Bears Engineering, LLC // DBA: SuperHealthLab
  • Address: 1221 Waller Street, San Francisco CA 94117
  • Email: support@superhealthlab.com
  • Phone: +1 (408) 741-4920

9. Third-Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using NOVA. For example, if you use a VoIP feature, you must not violate your wireless data service agreement.

10. Third-Party Beneficiary

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple will have the right to enforce it against you as a third-party beneficiary.

11. AI-Generated Recommendations

NOVA uses AI to generate health and performance recommendations. These recommendations are for informational purposes only and should not replace professional medical advice. Always consult a healthcare provider before making significant changes to your health regimen.

12. Consent to Use of Data

You agree that NOVA may collect and use technical data and related information, including technical details about your device, system, application software, and peripherals, to provide software updates, product support, and other services. This data will not personally identify you and will be used to improve NOVA’s products and services.

13. Not Medical Advice, Diagnosis, or Treatment

NOVA is not a medical app and does not provide medical advice, diagnosis, or treatment. The information and insights provided by this app are intended for general health, fitness, and wellness purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional before making any medical decisions or starting any new health, fitness, or wellness program. Use of this app is at your own discretion and risk.

14. External Services

The Licensed Application may enable access to NOVA’s and/or third-party services and websites (collectively, "External Services"). Use of External Services is at your sole risk. NOVA is not responsible for the content, accuracy, or availability of any External Services and shall not be liable for them. You agree not to use External Services in a manner inconsistent with this agreement or that infringes third-party rights.

15. NO WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOVA IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. NOVA DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE NOVA AT YOUR OWN RISK.

16. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, NOVA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE LICENSED APPLICATION. NOVA’S TOTAL LIABILITY SHALL NOT EXCEED FIFTY DOLLARS ($50.00).

17. Governing Law

This agreement is governed by the laws of the State of California, excluding its conflict of laws principles. Any disputes shall be resolved in the courts located in Santa Clara County, California.

18. Termination

This agreement is effective until terminated by you or NOVA. Your rights will automatically terminate if you fail to comply with its terms.