Terms of Service

1. Description of the Service

Novence provides infrastructure for creating, uploading, checking, and deploying static HTML, CSS, and JavaScript sites, accessible via REST, GraphQL, and MCP. Deployed sites are served at a Novence-assigned subdomain (e.g., https://{suffix}.novence.ai) and, where configured, at a custom domain you control. The Service includes automated quality checks (including performance, accessibility, and link-integrity checks) that must pass before a deployment is promoted to a live URL. The Service is intended for static, client-side content only; it does not provide server-side application hosting, databases, or persistent compute. The Service also includes an optional form-handling feature (“Novence Forms”) that allows deployed sites to accept visitor form submissions, as described in Section 4.4.

2. Eligibility and Accounts

2.1 Who May Use the Service

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account and use the Service. By using the Service, you represent that you meet this requirement and that you have the legal authority to enter into these Terms, whether on your own behalf or on behalf of an organization.

2.2 Agent and Automated Use

The Service is designed to be operated by autonomous or semi-autonomous software agents acting under a human or organizational principal’s authority (an “Agent”). If you deploy, configure, or authorize an Agent to interact with the Service using your API key or credentials, you are solely responsible for all actions that Agent takes — including content it uploads, deployments it triggers, and charges it incurs — as though you had taken those actions yourself. Novence is not responsible for verifying whether a given API call originated from a human or an Agent, or for evaluating an Agent’s decision-making.

2.3 Account Security

You are responsible for maintaining the confidentiality of your API key(s) and any credentials associated with your account, and for all activity that occurs under them. Notify us immediately at security@novence.ai if you suspect unauthorized use of your account or a compromised API key. We may require email re-verification or key reissuance if we detect suspicious activity.

3. Acceptable Use Policy

3.1 Prohibited Content

You may not upload, deploy, or otherwise use the Service to host content that:

• Is illegal in the jurisdiction where it is created, hosted, or accessed;
• Infringes or misappropriates the intellectual property, publicity, or privacy rights of any third party;
• Contains malware, ransomware, exploit code, or content designed to compromise the security or integrity of any system;
• Depicts or facilitates the sexual exploitation or abuse of minors, in any form;
• Constitutes phishing, impersonation of a person or organization, or fraud;
• Promotes or incites violence, terrorism, or hatred against individuals or groups based on protected characteristics;
• Facilitates the sale of illegal goods or services, or violates applicable sanctions or export control laws; or
• Is designed to disrupt, overload, or gain unauthorized access to Novence’s infrastructure or any third-party system reachable through it.

3.2 Prohibited Conduct

You may not:

• Use the Service to run server-side applications, proxy or relay traffic on behalf of third parties, or operate anything other than client-side static content;
• Attempt to circumvent quotas, rate limits, or billing by creating multiple accounts, sharing API keys across unrelated parties, or automating account creation at a volume inconsistent with genuine use;
• Reverse-engineer, decompile, or attempt to extract the source code of the Service except to the extent such restriction is prohibited by applicable law;
• Interfere with or disrupt the integrity or performance of the Service, including through excessive automated requests, load testing without prior written consent, or attempts to bypass the check pipeline; or
• Resell or sublicense access to the Service without our prior written consent, except that you may deploy sites on behalf of your own clients as part of a bona fide agency or development service.

3.3 Enforcement

We may investigate suspected violations of this Acceptable Use Policy and may remove content, suspend deployments, or terminate accounts, with or without notice, as described in Section 8 (Suspension and Termination).

3.4 Reporting Abuse; Takedowns

Anyone — whether or not they hold a Novence account — may report content hosted through the Service that they believe violates this Acceptable Use Policy or applicable law by emailing abuse@novence.ai. Reports should include the URL(s) of the content in question, a description of the suspected violation, and, where relevant, your contact information so we can follow up. Reports of copyright infringement should instead follow the notice procedure in Section 9 (Copyright Policy).

We review abuse reports and may, at our sole discretion: remove or disable access to specific content or sites; take a deployment offline; detach a custom domain; suspend or terminate the associated account; or take no action. For severe violations — including child sexual abuse material, malware, phishing, or other content that presents an immediate risk of harm — we may remove content and suspend accounts immediately and without notice, and may preserve and report related content and account information to law enforcement or other authorities where required or permitted by law. Where practicable and appropriate, we will notify the account holder of a takedown and, for good-faith disputes, give them an opportunity to respond. We host a large volume of user content, are under no obligation to monitor it, and a decision not to act on a particular report is not a waiver of our right to act on future reports.

4. Your Content

4.1 Ownership

You retain all ownership rights in the site files, code, and other content you upload or deploy through the Service (“Your Content”). We claim no ownership over Your Content.

4.2 License to Novence

By uploading or deploying Your Content, you grant Novence a worldwide, non-exclusive, royalty-free license to host, store, cache, reproduce, and publicly serve Your Content solely as necessary to provide the Service, including via our content delivery network and edge infrastructure, and to run automated checks against it.

4.3 Your Responsibilities and Warranties

You represent and warrant that you own Your Content or have all necessary rights, licenses, and consents to upload it, deploy it, and grant the license in Section 4.2, and that Your Content and its use of the Service will not violate Section 3 (Acceptable Use Policy) or any applicable law. We do not review, approve, or assume any responsibility for Your Content, including sites built by you, an agency, a freelancer, a developer, or an Agent acting on your behalf.

You are solely responsible for maintaining independent backups of Your Content. We do not warrant that Your Content will be recoverable after deletion, suspension, termination, or an outage.

4.4 Form Submissions (Novence Forms)

The Service includes an optional form-handling feature (“Novence Forms”) that allows your deployed sites to accept submissions from visitors. Its use is optional; you may instead direct forms on your sites to a third-party form service of your choice (such as Formspree or Web3Forms), in which case that service’s own terms and privacy practices apply and Section 11 (Third-Party Services) governs. If you use Novence Forms: (a) submission content is received, stored, and delivered by us on your behalf and is treated as Your Content under this Section 4; (b) we store limited technical metadata with each submission (a hashed IP address and a truncated user-agent string) for security, rate limiting, and abuse prevention; (c) we send a notification email for each submission to your account email or a notification address you configure; (d) submissions are retained until you delete them via the API or your account is terminated; and (e) submissions are subject to plan quotas, anti-abuse limits (including honeypot filtering and per-IP rate limits), and the technical limits published in our documentation, including a maximum payload size and no file uploads.

You are solely responsible for the lawfulness of the data you collect through forms on your sites, for providing any legally required privacy notices to (and obtaining any required consents from) visitors who submit forms, and for responding to privacy rights requests from your visitors regarding submission data. You must not use forms to collect data prohibited by Section 3 or special categories of personal data that require safeguards the Service does not provide. We do not guarantee that spam or abusive submissions will be filtered, or that any individual submission or notification email will be delivered.

4.5 Agencies, Developers, and Client Sites

You may deploy sites on behalf of your own clients as part of a bona fide agency or development service, as permitted in Section 3.2. If you do, you — not your clients, site visitors, or any other third party — are the contracting party with Novence. Your clients and other end users of those sites have no contract with us, are not third-party beneficiaries of these Terms, and have no claim, right, or remedy against Novence arising from the Service or from any site you host.

You are solely responsible for: (a) the design, content, functionality, legality, accuracy, and maintenance of any site you deploy, including sites built for clients; (b) your commercial relationship with your clients, including fees, refunds, support, and any service levels you offer them; (c) notifying your clients if a site is suspended, taken offline, deleted, or otherwise unavailable, including because you failed to pay us, cancelled, breached these Terms, or we discontinued part of the Service; and (d) any dispute between you and your clients. We have no obligation to communicate with, support, bill, or keep a site online for your clients.

Novence is a hosting and deployment platform. We are not the author, publisher, designer, or operator of Your Content, and we take no responsibility for anything built, uploaded, or deployed through the Service by you or anyone you authorize.

5. Plans, Fees, and Payment

5.1 Plans and Quotas

The Service is offered under multiple plans (currently Free, Pro, and Scale), each with defined quotas for projects, storage, bandwidth, deploys, check minutes, and custom domains, as described on our pricing page. We may modify plan quotas and features prospectively, with notice as described in Section 16.

5.2 Payment via Stripe Checkout

Paid plans are billed as recurring monthly subscriptions processed by Stripe, Inc. (“Stripe”). By upgrading, you authorize Stripe to charge your payment method on a recurring basis until you downgrade or cancel. Novence does not store your full payment card details; Stripe’s own terms and privacy policy govern its handling of your payment information.

5.3 Machine Payments Protocol (MPP)

Agents may initiate and authorize the same monthly subscription on your behalf via our Machine Payments Protocol endpoint, settling the initial charge through a Sender Payment Token (SPT) or equivalent payment credential. Initiating a subscription via MPP has the same legal and billing effect as initiating it through Stripe Checkout, and constitutes your authorization for recurring charges until cancelled. You are responsible for ensuring that any Agent you authorize to use MPP does so only with your actual consent and payment authority.

5.4 Overages

Usage beyond your plan’s included quotas (where overages are supported, such as bandwidth, custom domains, deploys, or form submissions on Pro and Scale plans) will be metered and billed on your next monthly invoice at the overage rates published on our pricing page, which may change from time to time with notice.

5.5 Taxes

Fees are exclusive of applicable taxes, levies, or duties, which you are responsible for except for taxes based on our net income.

5.6 Refunds and Cancellation

You may cancel your subscription at any time, effective at the end of the current billing period; we do not provide prorated refunds for partial billing periods except where required by law. Free-tier usage carries no fee and no refund obligation.

5.7 Failed or Overdue Payment

If a charge fails, a payment method is declined, or a paid subscription is overdue, we may restrict, suspend, take offline, or delete some or all of your projects, deployments, live URLs, form inboxes, and custom domains, including after the notice period in Section 8.2(d). We are not obligated to keep any site available for you or for any client of yours while payment is outstanding, and we are not required to notify those clients. Restoration after payment, if we choose to restore, may require you to reconfigure domains or redeploy. Downgrading or cancelling may similarly take sites offline or disable features that exceed the remaining plan’s quotas.

6. Custom Domains

If you configure a custom domain, you are solely responsible for maintaining your domain registration, DNS records, and any third-party registrar relationship. You must have the legal right to use any domain you connect to the Service. We provision TLS/SSL certificates and hostname routing for connected custom domains as part of the Service; we may remove a custom domain from your account if it is not properly verified, is used in violation of Section 3, or if its DNS configuration causes instability for our infrastructure.

7. Automated Checks

Deployments are evaluated by automated check workers (including performance, accessibility, and link-integrity tools) before promotion to a live URL. We do not guarantee any particular score or outcome from these checks, that the checks are exhaustive or error-free, or that passing our checks satisfies any legal, regulatory, or accessibility obligation you may independently have with respect to Your Content.

8. Suspension and Termination

8.1 By You

You may stop using the Service and delete your account at any time via the API.

8.2 By Us

We may suspend or terminate your access to the Service, in whole or in part, immediately and without prior notice, if: (a) you materially breach these Terms, including the Acceptable Use Policy; (b) required by law or a valid legal request; (c) your account poses a security risk to the Service or other users; or (d) payment is overdue and not cured within [14] days of notice. Suspension or termination may take live sites and custom domains offline immediately. Where practicable, we will provide notice of suspension or termination and an opportunity to cure, but we have no duty to notify your clients or any visitor of a site you host.

8.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Live URLs, preview URLs, and custom-domain routing may stop serving Your Content at once. We may delete Your Content and account data after a reasonable grace period (currently 30 days), except where retention is required by law or described in our Privacy Policy. We are not liable to you or to any third party (including your clients) for unavailability, data loss, or business interruption resulting from suspension, termination, or deletion. Sections of these Terms that by their nature should survive termination (including Sections 4, 9–14, and 17) will survive.

9. Copyright Policy (DMCA)

We respect intellectual property rights and respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512) and, where applicable, equivalent laws in other jurisdictions. If you believe content hosted through the Service infringes your copyright, send a notice to our designated agent at dmca@novence.ai including:

• Identification of the copyrighted work;
• Identification of the allegedly infringing material and its location;
• Your contact information;
• A statement of good-faith belief that the use is unauthorized;
• A statement, under penalty of perjury, that the notice is accurate and that you are authorized to act; and
• Your physical or electronic signature.

We will act on valid notices, may remove or disable access to allegedly infringing content, and will provide the uploader an opportunity to submit a counter-notice as provided by law. We may terminate the accounts of repeat infringers.

10. Intellectual Property Rights (Ours)

Novence and its licensors retain all right, title, and interest in and to the Service, including our software, APIs, documentation, and trademarks (including “Novence” and associated logos). These Terms do not grant you any right to use our trademarks, logos, or brand features without our prior written consent.

11. Third-Party Services

The Service relies on third-party infrastructure and payment providers, including Stripe for billing and Cloudflare for edge delivery, DNS, and TLS provisioning for custom domains. Your use of features that rely on these providers may be subject to their respective terms. We are not responsible for the acts or omissions of third-party providers, though we will make commercially reasonable efforts to maintain continuity of service.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT WARRANT THAT AUTOMATED CHECKS WILL DETECT ALL ISSUES WITH YOUR CONTENT OR THAT YOUR CONTENT OR ANY HOSTED SITE WILL REMAIN CONTINUOUSLY AVAILABLE. UNLESS WE HAVE ENTERED INTO A SEPARATE WRITTEN SERVICE-LEVEL AGREEMENT WITH YOU, WE OFFER NO UPTIME COMMITMENT, SLA, OR GUARANTEE THAT ANY SITE WILL STAY ONLINE. SITES MAY BE UNAVAILABLE BECAUSE OF MAINTENANCE, INFRASTRUCTURE FAILURE, THIRD-PARTY PROVIDER OUTAGES, ABUSE ENFORCEMENT, NON-PAYMENT, QUOTA LIMITS, SUSPENSION, TERMINATION, OR OUR DISCONTINUATION OF ALL OR PART OF THE SERVICE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOVENCE AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS, OR SITE AVAILABILITY, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR TO ANY SITE YOU HOST — INCLUDING UNAVAILABILITY CAUSED BY NON-PAYMENT, SUSPENSION, TERMINATION, OUTAGES, OR ACTS OR OMISSIONS OF YOU, YOUR AGENTS, YOUR CLIENTS, OR THIRD-PARTY PROVIDERS — EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE HAVE NO LIABILITY TO YOUR CLIENTS OR TO ANY OTHER THIRD PARTY FOR SITES YOU DEPLOY. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO NOVENCE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). NOTHING IN THESE TERMS EXCLUDES, RESTRICTS, OR MODIFIES ANY CONSUMER GUARANTEE, RIGHT, OR REMEDY UNDER THE AUSTRALIAN CONSUMER LAW THAT CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED. WHERE OUR LIABILITY FOR A FAILURE TO COMPLY WITH A NON-EXCLUDABLE GUARANTEE CAN BE LIMITED, IT IS LIMITED TO RESUPPLYING THE SERVICES OR PAYING THE COST OF RESUPPLY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnification

You agree to indemnify, defend, and hold harmless Novence and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) Your Content; (b) your use or misuse of the Service; (c) your violation of these Terms or any applicable law; (d) any Agent acting under your account or authorization; (e) any site you deploy for a client or other third party, including claims by that client or their visitors; or (f) your failure to pay fees, resulting in suspension or unavailability of a site.

15. Export Control and Sanctions

You represent that you are not located in, and will not use the Service in, any country or region subject to comprehensive U.S. or other applicable trade sanctions, and that you are not on any restricted party or denied persons list. You agree to comply with all applicable export control and sanctions laws in your use of the Service.

16. Changes to the Service or These Terms

We may modify these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms with a new effective date and, where appropriate, via email or in-app notice. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms. We may also modify, suspend, or discontinue any part of the Service at any time; where reasonably practicable, we will provide advance notice of material changes affecting existing paid subscriptions.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of Australia, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be resolved in the state or federal courts located in Sydney, and you consent to the personal jurisdiction of such courts.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any plan-specific terms referenced on our pricing page, constitute the entire agreement between you and Novence regarding the Service.

18.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.

18.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

18.4 Assignment

You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.

18.5 Force Majeure

Neither party will be liable for delays or failures in performance resulting from causes beyond its reasonable control.

18.6 Notices

We may provide notices to you via the email address associated with your account or through the Service. You may send legal notices to us at legal@novence.ai. Notice to you is not notice to your clients, and we have no obligation to notify them.

18.7 No Third-Party Beneficiaries

These Terms are between you and Novence only. They do not confer any right, benefit, or remedy on any other person, including your clients, site visitors, or anyone for whom you host a site. No third party may enforce these Terms.

19. Contact Us

The Service is owned and operated by Datalinc Pty Ltd (ABN 28 682 714 030; ACN 682 714 030), an Australian proprietary limited company. Questions about these Terms can be directed to legal@novence.ai.

• Abuse and illegal content reports: abuse@novence.ai (Section 3.4)
• Copyright (DMCA) notices: dmca@novence.ai (Section 9)
• Security issues: security@novence.ai (Section 2.3)
• Legal notices: legal@novence.ai (Section 18.6)