Terms & Conditions

Terms and Conditions
Effective Date: [Insert effective date]
Company Legal Name: [Insert full legal name of Novus Attractions]
Trade Name: Novus Attractions
Registered Address: [Insert address]
Contact: [Insert primary contact email]
Website: www.novusattractions.com and any related subdomains
Important notice: This document is a general template and does not constitute legal advice. Your obligations may vary by jurisdiction. You should review this document with a qualified lawyer before publishing.

1. Agreement to Terms
By accessing or using the Website, requesting a quote, creating an account, purchasing any Hardware, Software, or Services from Novus Attractions, or accessing Argo Hub or NovusOS, you agree to these Terms and Conditions, our Privacy Policy, and any Service Specific Terms we publish. If you do not agree, do not use the Website or Services.

2. Definitions

Website means www.novusattractions.com and any subdomains or portals that we operate.
Services means design, consulting, installation, training, support, subscriptions, and maintenance that we provide.
Software means NovusOS, Argo Hub, applications, firmware, code, and any updates or APIs that we provide.
Hardware means Argo Courses, Argo Flex modules, Custom Design installations, T-Line, Smart Hole, Smart Ball, Kiosk, Ball Register, sensors, and any related equipment.
Subscription means any plan for Software or services, including Application Subscriptions and Application Subscriptions Flex.
Order means an accepted quote, statement of work, purchase order, or subscription sign-up.
Client or you means the person or entity that accesses the Website or purchases from us.
Venue means the physical location where the Hardware is installed or operated.

3. Changes to Terms
We may update these Terms to reflect changes in law, features, or business practices. Changes will be posted on the Website with an updated Effective Date. Your continued use after the Effective Date constitutes acceptance of the updated Terms.

4. Eligibility and Accounts
You must be able to form a legally binding contract to use the Services. You are responsible for safeguarding login credentials and for all activity under your account. Notify us promptly if you suspect unauthorized access.

5. Quotes, Orders, and Changes

Quotes. Quotes are valid for the period stated on the quote; if no period is stated, they are valid for 30 days.
Acceptance. An Order is formed when you accept a quote in writing or sign a statement of work or submit payment.
Changes. Scope changes require a written change order that may affect price and timeline.
Cancellations. Orders may be canceled only with our written consent. Deposits and costs already incurred are non-refundable.

6. Pricing, Taxes, and Payment

Pricing. Prices are in [CAD or USD] unless stated otherwise.
Taxes. Prices exclude applicable taxes, duties, and import fees; you are responsible for these.
Payment Terms. Unless stated otherwise, typical terms are: [e.g., 50 percent deposit on Order, remaining balance prior to shipment or installation]. Invoices are due upon receipt, or as stated on the invoice.
Late Payments. Late balances may incur interest at the maximum rate permitted by law; you are responsible for collection costs and legal fees.
Refunds. Software and Subscription fees are non-refundable unless required by law or expressly stated.

7. Shipping, Delivery, and Risk of Loss

Delivery. Delivery dates are estimates.
Risk of Loss. Risk of loss passes to you upon delivery to your carrier or upon delivery at your Venue, depending on shipping terms stated in your Order.
Inspection. You must inspect deliveries promptly and notify us in writing of any shortages or damage within 5 business days.

8. Site Readiness and Installation

Client Responsibilities. You must prepare the Venue, including power, network, environmental conditions, permits, approvals, and any union or access requirements.
Access. You must provide safe access, staging areas, and reasonable working hours.
Delays. If the Venue is not ready, we may reschedule and charge for additional costs.
Acceptance. Hardware is deemed accepted upon completion of installation or handover, unless you provide written notice of material defects within 7 business days.

9. Software; License and Restrictions

License. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Software during your Subscription term and only with supported Hardware at your Venue.
Restrictions. You shall not copy, modify, reverse engineer, decompile, or create derivative works of the Software; you shall not circumvent security or licensing controls; you shall not use the Software for unlawful purposes.
Updates. We may provide updates or patches; we may require installation of updates for continued functionality or security.
APIs. API access is provided subject to fair use, technical limits, and separate API terms that we may publish.

10. Subscriptions; Service Levels

Plans. We offer Application Subscriptions and Application Subscriptions Flex. Plan features may differ; details are described on the Website or in your Order.
Term and Renewal. Subscriptions renew automatically for successive terms unless canceled in writing before renewal according to the plan rules.
Service Levels. We aim to provide commercially reasonable uptime and support, subject to maintenance windows and outages beyond our control.
Flex Mode. Event-based plans allow activation for defined windows; minimums and activation rules apply as stated in your plan.
Suspension. We may suspend access for non-payment, security risks, or misuse.

11. Argo Hub
Argo Hub provides a white-label web portal, subdomain, accounts, and access to Software and subscriptions. You are responsible for content and user management in your Hub. We may place reasonable technical limits, performance guards, and security measures to protect systems and users.

12. Data; Privacy; Security

Client Data. You own personal data you provide or collect through your operations. You grant us a license to process Client Data to provide the Services and to create aggregated, de-identified data for analytics and product improvement.
Player Data. You are the controller of Player Data collected at your Venue. You represent that you have obtained necessary consents and posted appropriate notices.
Privacy Policy. Our handling of personal information is described in our Privacy Policy; you should review it.
Security. We implement reasonable technical and organizational measures; no system is perfectly secure. You are responsible for securing your local networks and devices.

13. Intellectual Property

Ownership. We retain all rights, title, and interest in and to the Hardware designs, Software, documentation, trademarks, and confidential information.
Client Content. You represent that you own or have rights to any branding, media, or content you provide; you grant us a license to use such content for integration and delivery of the Services.
Feedback. You grant us a royalty-free, perpetual license to use ideas and feedback to improve our products and services.

14. Acceptable Use
You agree not to misuse the Website, Software, or Services. Prohibited uses include unlawful activities, infringing intellectual property, attempting to gain unauthorized access, introducing malware, or interfering with others’ use.

15. Third-Party Services
Our Services may integrate with third-party services or hardware. We are not responsible for third-party terms, privacy practices, outages, or defects.

16. Warranties and Disclaimers

Hardware Warranty. Hardware manufactured by us is warranted against defects in materials and workmanship for [12 months] from delivery, unless stated otherwise in your Order. At our option we will repair or replace defective parts.
Exclusions. The warranty does not cover normal wear and tear, misuse, improper installation, unauthorized modifications, accidents, environmental damage, or third-party components not supplied by us.
RMA. For warranty service, you must obtain an RMA authorization and follow our return instructions.
Software. Software is provided as-is, with updates provided during an active Subscription.
Disclaimer. Except as expressly stated, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

17. Limitation of Liability
To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages; any loss of profits, revenue, data, or goodwill; or costs of substitute goods or services. Our total liability for any claim will not exceed the amounts paid by you for the specific Order or Subscription during the twelve months preceding the claim.

18. Indemnification
You agree to indemnify and hold harmless Novus Attractions, its officers, employees, and contractors from claims, damages, and expenses arising out of: your misuse of the Services; your breach of these Terms; your violation of law; or your content or operations at your Venue.

19. Compliance and Safety
You are responsible for compliance with local laws, permits, building codes, accessibility requirements, labor rules, anti-corruption, export controls, and sanctions. You must maintain safe operating conditions and follow our installation and operation manuals.

20. Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, natural disasters, strikes, labor disputes, war, terrorism, embargoes, government orders, power or internet failures, or supplier delays.

21. Termination

By You. You may terminate your Subscription at the end of its term by giving the notice required by your plan.
By Us. We may terminate an Order or Subscription for cause if you materially breach these Terms and fail to cure within 30 days of notice; immediate termination may apply for unlawful activity or safety risks.
Effect. Upon termination, Software access ends and you must cease use; amounts due remain payable; confidentiality and IP provisions survive.

22. Confidentiality
Each party may disclose Confidential Information to the other. The receiving party will protect such information with at least the same care it uses for its own confidential information and will use it only to perform under these Terms. Confidentiality survives termination.

23. Marketing and Publicity
With your written consent, we may reference your name, logo, and project as a case study on our Website or marketing materials. You may withdraw consent with reasonable notice.

24. Dispute Resolution; Governing Law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict of law rules. The parties submit to the exclusive jurisdiction and venue of the courts located in Toronto, Ontario; small claims actions may be brought in a competent small claims court.

25. Notices
Notices must be in writing and delivered by email with confirmation, by courier, or by registered mail to the addresses stated in the Order or as later updated in writing.

26. Assignment
You may not assign these Terms or any Order without our prior written consent, except to a successor in connection with a merger or sale of substantially all assets. We may assign to an affiliate or in connection with a corporate transaction.

27. Entire Agreement; Order of Precedence
These Terms, together with your Order and any Service Specific Terms, form the entire agreement regarding the subject matter. If there is a conflict, the following order applies: (1) Service Specific Terms in your Order; (2) these Terms; (3) the Quote or Statement of Work.

28. Severability; Waiver
If any provision is held unenforceable, the remaining provisions remain in full force. Failure to enforce a provision is not a waiver of the right to enforce later.

29. Interpretation
Headings are for convenience only. Words in the singular include the plural and vice versa. “Including” means “including without limitation”.

30. Contact
For questions about these Terms, contact: [Insert legal or support email] or write to: [Insert mailing address].

31. Service Specific Terms
Argo Courses and Argo Flex. Course layouts and components may vary by venue. Performance depends on site conditions, maintenance, player traffic, and operator practices.
Custom Design Shaped. Design iterations and reviews are limited as specified in the Order; additional iterations are billable.
Upgrades. Compatibility with legacy infrastructure depends on site conditions; we will advise in writing where additional adapters or works are required.
NovusOS. Requires compatible devices and a stable network. Features like leaderboards, shot accuracy, history, XP, and queue management require appropriate devices and configuration.
Subscriptions. Plan features are published on the Website; we may modify features with equivalent or improved functionality or offer migration paths.
Argo Hub. Subdomain availability is not guaranteed; DNS changes may be required; you are responsible for content and user administration.

32. Version History

Version: 1.0, Effective [Insert date].