All clauses in these Terms displayed in BOLD are provisions which limit the risk or liability of Novel Goggles and are an assumption of risk or liability by you, impose an obligation on you to indemnify Novel Goggles or is an acknowledgement of a fact by you. Please read these clauses carefully before agreeing to these Terms.
- Novel Goggles does not endorse the accuracy or reliability of any information, statement, opinion, advice or other content contained on the Website or provided in the Services.
- Any reliance you place on any information on the Website or with the Services is strictly at your own risk. Novel Goggles will not accept any responsibility for any loss whatsoever which may arise from reliance on information or materials published on the Website or with the Services.
- All information provided on the Website and with the Services is the intellectual property of Novel Goggles and are subject to these Terms and applicable laws.
INTERPRETATION AND DEFINITIONS
- "Account" means the account created by Users to access the Services;
- "Novel Goggles", "us" and "we" means Exceptional Invention Proprietary Limited trading as Novel Goggles (company registration number 2021/310556/07), a private company incorporated in terms of the laws of the Republic of South Africa, with its registered address at 3 Woolf Street, Bellville, Kenridge, South Africa, 7550;
- "Fees" means the fees payable to access the Services, as described on the Website;
- "FastSpring" means our third-party payment gateway partner, Bright Market LLC d/b/a FastSpring, and its subsidiaries and affiliates;
- "Personal Information" means all information about a User that can be used to identify the User;
- "Services" means the Novel Goggles services supplied by Novel Goggles to Users, which includes the Website, as described in clause 4;
- "Terms" means these terms in this legally binding agreement that regulate your use of the Services and our relationship with you;
- "User" and "you" means the person making use of the Services;
- "Website" means novelgoggles.com, including all sub-domains.
APPLICATION OF THESE TERMS
- The Terms apply as soon as you accept them by creating an Account on the Website, and will apply for as long as you are a User of the Services which includes the period until any disputes have been settled in the event of any disputes arising from your use of the Services. To use the Services, you must accept these Terms.
- We may amend these Terms and our Services from time to time at our discretion. We will notify you of material changes to these Terms and the Services via email or with a notice on the Website. You may be required to accept new or amended Terms to continue using the Services. If you don't agree to any changes, you can stop using the Services. Continued use of the Services after this notice has been displayed will be deemed as your acceptance of the changes. Should any changes to the Services result in you having less functionality, we will notify you at least 30 calendar days before any such changes take place, unless prior notice is not reasonably possible in the circumstances.
- We offer access to and use of Novel Goggles, a web-based software as a service application that provides Users with a platform through which they can plan or analyse their creative writing projects. Novel Goggles provides Users with a range of functionality aimed at assisting writers in world-building, managing pace and tension, tracking character descriptions and development, planning story arcs, overseeing the overall timeline and structuring their novels as a whole.
- Further specific details about the Services are available on the Website as amended from time to time.
- The Services are only permitted to be used by Users who are 18 (eighteen) years and older at the time of agreeing to these Terms.
USER CONTENT AND ACCOUNT ACCESS
- User content. Any materials uploaded to or created on the Services by the User will be "User Content" and will be owned by the User. User Content includes all original text, images and compositions uploaded or created by and parameters set by the User on the Service but excludes all features of the Novel Goggles Services such as depictions, illustrations, plots and graphics generated by or available on the Services. By using the Services, you give us permission to use your User Content to provide you with the Services.
- Exclusions from User Content. In addition to clause 5.1, the following is excluded from User Content and will be the intellectual property of Novel Goggles:
Any feature requests or bug/error reports that are submitted by you may be used at the discretion of Novel Goggles without acknowledgement or consideration to you and you waive any and all rights whatsoever that may result from any feature requests or bug reports being submitted by you.
- feature requests;
- bug reports; and
- automated error and usage reports.
- Read-only Account access. Read-only Account access occurs when a User's Trial Subscription has come to an end or the User's Subscription Plan has been suspended, cancelled or terminated for any reason ("Read-Only"). When an Account is limited to Read-Only access, the User's access to their Account will be limited to downloading any User Content from the Services and User Content may not be uploaded, created or edited when an Account is on Read-Only access. To access the full features of the Services, the User is required to subscribe to the Services as set out below.
- Backups. You are required to maintain backup copies of all User Content separate from the Services by downloading a copy of the User Content from the Services from time to time. Novel Goggles will not be liable in the event of you losing any User Content uploaded to or created on the Services.
- Deletion of User Content or Account. If you request your User Content or Account be deleted, your User Content and/or Account as applicable will be permanently deleted by Novel Goggles and all User Content will be irretrievable once deleted. You are responsible for downloading a copy of all User Content from the Service prior to such requests. Novel Goggles will not be liable for any User Content lost as a result of such a request by you.
YOUR ACCOUNT AND INFORMATION
- In order to access the Services, you must create an Account by providing certain Personal Information to Novel Goggles and accepting these Terms. Once you have created an Account, you will be a User for purposes of these Terms.
- By creating an Account, you acknowledge and agree that all information provided to Novel Goggles, including the Personal Information, is your own.
- You are solely responsible for the safekeeping of your Account details. This means that should anyone enter your Account details (whether that be you, or anyone else), we assume that the person using the Website or Services is you.
- You are not allowed to share your Account with other Users. Only you may use your Account to access the Website and Services and you may only use your Account and the Services for your own personal purposes. You are strictly prohibited from sub-licensing or commercially exploiting your Account or the Services and using the Services other than as intended by Novel Goggles.
- It is in your interests to familiarise yourself with our security requirements, guidelines and procedures communicated by us from time to time and follow these carefully. You must inform us immediately if there has been, or if you suspect, any breach of security, confidentiality, or a breach of your Account, and update your Account details.
CANCELLATION AND SUSPENSION
- If you are in breach of these Terms, we may cancel or suspend your Account or access to the Website and/or use of the Services in our sole discretion, without any liability.
- Novel Goggles may cancel your Account, terminate these Terms, and/ or suspend Novel Goggles' obligations if:
- you have used the Website or Services to breach the intellectual property rights of any third party;
- you have not made any payments due by you in terms of these Terms;
- it becomes impossible to continue providing the Services.
- Novel Goggles may cancel your subscription to the Service and these Terms by giving you 3 (three) months' notice.
- All our rights in respect of the confidentiality and intellectual property undertakings and our limitation of liability as set out below will survive the termination of these Terms.
- On termination of these Terms:
- you must immediately cease all use of the Services;
- we will delete your Account and any User Content 3 (three) months after termination of these Terms, and you will no longer be able to access any portion of the Website or Services that requires an Account; and
- Trial Subscription. Users may access the Services on a trial basis as available on the Website and in compliance with these Terms only ("Trial Subscription"). Novel Goggles reserves the right to refuse the Trial Subscription to any User and/or remove the Trial Subscription without notice.
- The Trial Subscription is available to Users who have created an Account for a limited period as described on the Website.
- Once the duration of the Trial Subscription has ended, Users will be required to subscribe to a Subscription Plan for continued access to the Services.
- On termination of the Trial Subscription, if the User does not subscribe to a Subscription Plan, the User's Account will be Read-Only and the User will have 3 (three) months in which to download a copy of all User Content from the Services before such User Content and the User's Account is permanently deleted. You hereby indemnify Novel Goggles against any loss that you may incur due to the User Content being deleted from the Services after 3 (three) months.
- Subscription Plans. Access to the Services after the Trial Subscription has lapsed requires a subscription. The subscription options ("Subscription Plans"), Fees, and the features and limitations of each such Subscription Plan, are described on the Website.
- Availability of Subscription Plans. Novel Goggles may limit the number of Users who may subscribe for a Subscription Plan from time to time. If the maximum number of Users have subscribed for a particular Subscription Plan, new Users will be required to subscribe for another Subscription Plan in order to access the Services.
- Changes to Subscription Plans. Users are able to change their Subscription Plan from time to time, subject to availability. Changes to a Subscription Plan will take effect from the start of the following billing cycle. In the event that a User downgrades their Subscription Plan, the User's Account will be Read-Only until the User has removed sufficient User Content so as to not exceed the limits of the new Subscription Plan, as applicable.
- Disclaimer regarding the Pioneer Subscription Plan. The Pioneer Subscription Plan will have the same features of the Professional Subscription Plan and will allow Users to access new features of the Services while they are being tested and finalised before being made available to Users of other Subscription Plans. Pioneer Users acknowledge and agree that their use of any new features may be unstable and prone to unavailability and bugs, and you hereby indemnify Novel Goggles for any losses or unavailability of the Services while the features are in testing phase and agree that we may contact you to obtain feedback about the new features.
- Taxes. The Fees are exclusive of value added taxes, and value added taxes will be payable by the User when subscribing for the Services based on your location and the tax rate applicable to you based on your location. The Fees payable by you, including the applicable value added taxes, will be displayed in full to you before completing payment for the Services. For South African Users, value added tax will be charged at the prevailing rate as prescribed in the Value Added Tax Act, 89 of 1991.
- Changes to the Fees. The Fees are subject to change from time to time, on 30 (thirty) days' notice. Changes to the Fees will not apply to your then current monthly Subscription Plan.
- Subscription period. By subscribing to a Subscription Plan, you subscribe monthly in advance, and all Subscription Plans will automatically renew monthly until you terminate your Subscription Plan or your payment method expires.
- Cancellation of Subscription Plan. You may cancel your Subscription Plan at any time during the subscription period through your Account or by contacting us. Cancellation requests can be submitted at any time during the subscription period but must be submitted at least 24 (twenty four) hours prior to the end of the current subscription period to avoid the Subscription Plan renewing automatically. Novel Goggles reserves the right to charge you the Fees for the next subscription period in the event of you not cancelling the Subscription Plan timeously.
- Access after cancellation. In the event of cancellation, you will retain access to the Services until the end of your current subscription period. The cancellation will take effect the day after the last day of the current subscription period. To access the Services again, you will be required to subscribe to the Services again. On cancellation of your Subscription Plan you will have Read-Only access to your Account for 3 (three) months during which time you may download a copy of all User Content from the Services, following which all User Content and your Account will be permanently deleted. You hereby indemnify Novel Goggles against any loss that you may incur due to the User Content being deleted from the Services after 3 (three) months.
- No pro-rata refunds. No pro-rata refunds will be provided if you cancel your Subscription Plan before the end of the subscription period as you will retain access to the Services until the end of the applicable subscription period.
- Payment of the Fees is required before you can subscribe to a Subscription Plan. You warrant that you are authorised to use the relevant billing details provided when paying the Fees, and we reserve the right to terminate any Service if you are not authorised to use such details. You must ensure that there are enough funds to cover the Fees when they are billed, and you acknowledge that we will not be liable for any overdraft fees that you might incur if there are insufficient funds or if your payment method has expired.
- Third party payment gateway. You agree to adhere to the terms and conditions stipulated by any third-party payment gateway or provider that may be used by us and agree to pay any costs that may be charged by such third party. Any costs that you might incur to FastSpring to pay the Fees are for your own account and are in addition to the Fees.
- Making payment. To make payment of the Fees, you will be directed to a third-party payment gateway to provide your card or other payment information via a secure connection. All payments for Fees will be via the third-party payment gateway and Novel Goggles will not have access to your card information.
- Transaction records. We will make all documentation relating to transactions between us available to you on your Account and via email.
- Taxes. All Fees exclude any applicable taxes unless stated otherwise. To the extent allowed under applicable laws, you are responsible for any applicable taxes, whether they are listed on the transaction documents or not. All applicable value added taxes will be displayed to you when confirming the transaction and subscribing to the Services.
- Failed purchase. Should payment of the Fees be unsuccessful, you will be notified of this and will be able to attend to payment again. In the event of a failed purchase, until the Fees have been successfully paid your access to the Services will be limited to Read-Only access. If the Fees remain unpaid, Novel Goggles reserves the right to terminate your access to the Services and will notify you of such termination via email.
- Additional charges. If you cancel a payment by giving instruction to your bank to return your funds, and they do so, or your billing details provided are no longer valid, you will be liable to us for any penalty which we incur to that bank or other payment processor and your access to the Services will be suspended.
- Foreign currency. If the Fees are described in a different currency to that which you use, you accept all risk for any currency fluctuations, and you undertake to pay the Fees in full in our stated currency. You similarly undertake to pay any levy that may arise because of the currencies differing.
- Cooling off. Users may cancel their Subscription Plan after purchase within 7 (seven) calendar days of subscribing to the Subscription Plan, calculated from the date of payment of the Fees. We will not refund any Fees in terms of this clause 10.1 if you request a refund after 7 (seven) calendar days of making payment of the Fees.
- All refunds granted will be paid to your payment card used for making payment of the Fees within 30 (thirty) calendar days of the refund being granted.
CHANGES TO THE SERVICES
- Novel Goggles will inform you of any material changes to the Services by email or prominent notice on the Website. Continued use of the Website after this notice has been displayed will be deemed as your acceptance of the changes.
- Should any changes to the Services result in a User having less functionality from the Services, the notice will be sent 30 (thirty) calendar days before any such changes take place, unless prior notice is not reasonably possible in the circumstances.
ACCEPTABLE USE POLICY
- The Services are made available for the personal, non-commercial use of the User only.
- Some devices may not support the use of our Website. It is your responsibility to keep your device(s) updated and/or in a condition for them to support the use of our Website, including internet access capabilities.
- The use of our Services may be restricted to certain geographical areas. It is your responsibility to determine whether your location is supported by our Services before incurring any liability to us as we will not be liable for any loss that you may incur because of our Services not being supported in your location.
- You must respect our Services and our intellectual property in utmost good faith and use it only as we intend it to be used. Any use by you of our Services which violates this undertaking can result in us terminating your use of our Services. We will be the sole judge of what constitutes a violation of your undertaking to use our Services, which includes, amongst others:
- uploading any User Content that you do not own the copyright to;
- uploading anything illegal to the Website;
- circumventing the limitations of your Subscription Plan;
- copying or distributing any of the content on our Website without our explicit consent to do so;
- providing any untrue or incorrect information to us;
- changing, modifying, copying, decompiling, circumventing, disabling, tampering with any part of our Website, including the security features, or reverse engineering our Website or Services, or attempting to gain access to any information that you are not authorised to access;
- infecting our Website with any software, malware or code that may infect, damage, delay or impede the operation of our Website or which may intercept, alter or interfere with any data generated by or received through our Website;
- using malicious search technology, including, but not limited to, spiders and crawlers;
- deep linking to any pages of our Website or engaging in any other conduct in a way to suggest that you are the owner of any intellectual property in our Services;
- allowing any third party to use your Account in any manner; or
- using the interactive sections of our Website to post any material which, in our discretion, is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violates any laws.
ELECTRONIC MESSAGES AND COMMUNICATION
- We will primarily use email and electronic notices on the Website as our communication tool for all communications relating to our Services or these Terms.
- Please note that by accepting these Terms and using our Services, you acknowledge that we may use your personal contact information provided by you for communicating with you via electronic messages and communication in terms of applicable data protection laws, including the Protection of Personal Information Act, 4 of 2013 and the General Data Protection Regulation ((EU) 2016/679). This includes us sending you direct marketing communications. You can opt-out from receiving further direct marketing messages at any point in time.
THIRD PARTY SITES
- We may provide links to third party websites or apps only for your convenience, and the inclusion of any links or any advertisement of any third party on our Website does not imply endorsement by us of their websites or apps, their products, business or security practices or any association with its operators.
- If you access and use any third-party websites, apps, products, services, and/or business, you do that solely at your own risk.
INTELLECTUAL PROPERTY RIGHTS
- You acknowledge and agree that all right, title and interest in, and to, any of our intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, or methodology which forms part of, or is displayed or used on the Website or Services including, without limitation, any graphics, logos, designs, text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is proprietary to Novel Goggles or the respective owner(s) and will remain our or the owner's property at all times.
- You agree that you will not acquire any rights of any nature in respect of that intellectual property by using our Services.
WARRANTIES AND REPRESENTATIONS
- Subject to applicable laws:
- we give no guarantee of any kind concerning the content or quality of our Services and our Services are not to be considered as advice of any kind;
- we do not give any warranty (express or implied) or make any representation that our Services will operate error free or without interruption or that any errors will be corrected or that the content is complete, accurate, up to date, or fit for a particular purpose; and
- we make no representations to you, either express or implied, and we will have no liability or responsibility for the proper performance of the Services and/or the information, images or audio contained on the Website. Our Services are used at your own risk.
- You warrant to and in favour of us that:
- you have the legal capacity to agree to and be bound by these Terms and that you are at least 18 (eighteen) years old at the time of accepting these Terms;
- all User Content is your own or you have the permission of the owner to use such User Content in the Services; and
- these Terms constitute a contract valid and binding on you and enforceable against you.
- Each of the warranties given by you will:
- be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in these Terms;
- continue and remain in force irrespective of whether these Terms are active, suspended or cancelled; and
- be deemed to be material.
- We will not be liable for any loss arising from your use of the Services or any reliance on the information presented on the Website or in the Services or provided by Novel Goggles as part of the Services.
- We will not be liable to you for any loss caused by using our Services or your liability to any third party arising from your use of the Services. This includes but is not limited to:
- any interruption, malfunction, downtime, off-line situation or other failure of the Website, Services, system, databases or any of its components;
- any loss or damage regarding your User Content, data or other data directly or indirectly caused by malfunction of the Website or Services; and
- any third-party systems whatsoever, power failures, unlawful access to or theft of data, computer viruses or destructive code on the Website, or third-party systems or programming defects.
- We will not be liable if any material available for downloading from the Website is not free from infection, viruses and/or other code that has contaminating or destructive properties.
- The Website may include inaccuracies – we will not be held liable and can't be forced to comply with offers that are genuinely (and/or negligently) erroneous.
- We are not responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself nor for any delay in its delivery or receipt. Security measures have been implemented to ensure the safety and integrity of our Services. However, despite this, information that is transmitted over the internet may be susceptible to unlawful access and monitoring.
- Our limited liability applies to all and any kind of loss which we can possibly contract out of under law, including direct, indirect, consequential, special or other kinds of losses or claims which you may suffer.
- If any matter results in a valid claim against us, our liability will be limited to the Fees paid by the User in respect of the Services supplied under these Terms during the preceding 3 (three) months.
You hereby indemnify, defend and hold us (including our shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time), our affiliates and their employees, and suppliers harmless from any and all third party claims, any, actions, suits, proceedings, penalties, judgments, disbursements, fines, costs, expenses, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind) and liabilities, including reasonable attorneys' fees, whether directly or indirectly arising out of, relating to, or resulting from negligence, intent, breach of these Terms or violation of applicable law, rule, regulation by a party or its affiliates, or their respective owners, officers, directors, employees, or representatives or any other action or omission of any nature.
Except for the obligation to pay monies due and owing, neither you nor we shall be liable if either of us cannot perform in terms of any agreed terms due to reasons beyond our control. This includes lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for which we are not responsible, and acts of government or other competent authorities (including telecommunications and internet service providers).
DISPUTES AND ARBITRATION
- Any dispute which arises out of or pursuant to these Terms (other than where an interdict is sought, or urgent relief may be obtained from a court of competent jurisdiction) that cannot be resolved between us will be submitted to and decided by arbitration in accordance with the arbitration rules and legislation for the time being in force in the Republic of South Africa.
- The parties will jointly appoint an arbitrator within 14 (fourteen) calendar days of either party demanding arbitration from the other party, failing which either party shall be entitled to approach the Secretariat of the Arbitration Foundation of South Africa ("AFSA") to recommend an arbitrator to preside over the arbitration proceedings, which recommendation will immediately be deemed to have been accepted by the parties as soon as such recommendation is made to either party and the arbitration process may immediately commence.
- Unless otherwise agreed, the rules of Commercial Arbitration as stipulated by AFSA will apply to such arbitration.
- That arbitration shall be held with only the parties and their representatives present at Cape Town.
- The provisions of this clause 20 are severable from the rest of these Terms and shall remain in effect even if these Terms are terminated for any reason.
- The arbitrator's award shall be final and binding on the Parties and incapable of appeal.
- Website owner: Exceptional Invention (Pty) Ltd (trading as Novel Goggles), company registration number 2021/310556/07.
- Legal status: Exceptional Invention (Pty) Ltd is a private company, duly incorporated in terms of the applicable laws of the Republic of South Africa.
- Director: Lionel Basson.
- Description of main business of Novel Goggles: Exceptional Invention seeks to establish itself as a reliable and innovative provider of online services. Going forward, a suite of online applications and services will be developed in order to augment the abilities of its users in the various creative, technological and business fields within which services are provided.
- Email address: firstname.lastname@example.org.
- Website address: https://www.exceptionalinvention.com.
- Registered address: 3 Woolf Street, Bellville, Kenridge, South Africa, 7550.
- Postal address: 3 Woolf Street, Bellville, Kenridge, South Africa, 7550.
- Suspension of the Website: we may temporarily suspend the Website for any reason, including repairs or upgrades to the Website or other systems. Novel Goggles will take reasonable efforts to notify Users of such suspensions in advance.
- Entire agreement: these Terms constitute the whole agreement between us relating to the subject matter of these Terms and supersedes any other discussions, agreements and/or understandings regarding the subject matter of these Terms.
- Confidentiality: neither party will disclose any confidential information to any third party without the prior written approval of the other party, unless required by law.
- Law and jurisdiction: these Terms and all obligations connected to them or arising from them will be governed and interpreted in terms of the laws of the Republic of South Africa. Each party submits to the jurisdiction of the South African courts.
- Good faith: the parties will in their dealings with each other display good faith.
- Breach: if either party to these Terms breaches any material provision or term of these Terms and fails to remedy such breach within 7 (seven) calendar days of receipt of written notice requiring it to do so then the aggrieved party shall be entitled without notice, in addition to any other remedy available to it at law or under these Terms (including obtaining an interdict), to cancel these Terms or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the aggrieved party's right to claim damages.
- No waiver: our failure to insist upon or enforce strict performance by you of any provision of these Terms, or to exercise any right under these Terms, will not be taken as a waiver or relinquishment of our right to enforce any such provision or right in any other instance.
- No assignment: you may not cede your rights or delegate your obligations under these Terms without our express prior written consent.
- Relationship between the parties: neither of us is a partner or agent of the other and neither of us will have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other.
- No representation: to the extent permissible by law, we will not be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded in these Terms, whether it induced the contract and/or whether it was negligent or not.
- Severability: any provision in these Terms which is or may become illegal, invalid or unenforceable will be ineffective to the extent of such prohibition or unenforceability and will be severed from these Terms, without invalidating the remaining provisions of these Terms.
- No stipulation: no part of these Terms will constitute a stipulation in favour of any person who is not a party to these Terms unless the provision in question expressly provides that it does constitute such a stipulation.
- Novel Goggles selects 3 Woolf Street, Bellville, Kenridge, South Africa, 7550 as its physical address and email@example.com as its email address for the service of all formal notices and legal processes in connection with these Terms, which may be updated from time to time by updating these Terms.
- You hereby select the email address specified in your Account as your address for service of all formal notices and legal processes in connection with these Terms, which may be changed by providing Novel Goggles with 7 (seven) calendar days' notice in writing.
- Service via email will be accepted in all cases where notice is required unless alternative service is required by law. Service via email is deemed to be received at the time and day of sending.