Terms & Conditions

1. Agreement to Terms

These Terms & Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and AdaptiveNova Point ("we," "us," or "our"), concerning your access to and use of the AdaptiveNova Point software.

2. License Grant

Upon purchase, AdaptiveNova Point grants you a non-exclusive, non-transferable, limited license to use the software subject to the following conditions:

License Restrictions: You may not redistribute, sublicense, rent, lease, or transfer the software or your license to any third party. You may not reverse engineer, decompile, or disassemble the software.

3. Payment and Pricing

All prices are in New Zealand Dollars (NZD). Prices are subject to change without notice. We use third-party payment processors (PayPal, Stripe) to handle all transactions. By making a purchase, you agree to their terms and privacy policies.

Taxes: You are responsible for any applicable sales taxes, value-added taxes (VAT), or other taxes associated with your purchase.

4. Intellectual Property Rights

The AdaptiveNova Point software, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content") are owned by us and are protected by copyright, trademark, and other intellectual property laws.

Your Content: You retain all rights to the audio files you create or edit using AdaptiveNova Point. We claim no ownership over your creative work.

5. User Representations

By using the software, you represent and warrant that:

• You have the legal capacity to agree to these Terms
• You will not use the software for any illegal or unauthorized purpose
• Your use of the software will not violate any applicable law or regulation
• You are at least 13 years of age (or the age of majority in your jurisdiction)

6. Prohibited Activities

You may not access or use the software for any purpose other than that for which we make it available. Prohibited activities include:

• Using the software in any way that violates any applicable law or regulation
• Circumventing, disabling, or otherwise interfering with security-related features
• Engaging in unauthorized framing of or linking to the software
• Using the software to compete with us or to build a similar or competitive product
• Using any information obtained from the software to harass, abuse, or harm another person
• Making improper use of our support services or submitting false reports

7. Software Updates and Support

Updates

Your license includes lifetime updates for the version you purchased. This includes bug fixes, security patches, and minor feature additions. Major version upgrades (e.g., AdaptiveNova Point 2.0) may require an upgrade fee at a discounted rate.

Support

Technical support is provided according to your license level:

8. Disclaimer of Warranties

The software is provided on an "as-is" and "as-available" basis. You agree that your use of the software will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the software and your use thereof.

9. Limitation of Liability

To the fullest extent permitted by law, in no event will AdaptiveNova Point, its directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the software.

Our total liability to you for any claim arising out of or relating to these terms or the software shall not exceed the amount you paid for the software in the twelve (12) months preceding the claim.

10. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the software.

11. Termination

We may terminate or suspend your license and access to the software immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the software will cease immediately. You must cease all use of the software and destroy all copies in your possession.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.

13. Dispute Resolution

Any dispute arising from these Terms or your use of the software shall be resolved through informal negotiations. If such negotiations fail, the dispute shall be submitted to binding arbitration in Hamilton, Ontario, Canada.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by updating the "Last Updated" date of these Terms. You are responsible for reviewing these Terms periodically to stay informed of updates.

15. Contact Information

For questions about these Terms, please contact us:

16. Entire Agreement

These Terms & Conditions, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and AdaptiveNova Point regarding your use of the software and supersede all prior agreements and understandings.