Terms of Use

The Services (defined below) are provided by NOVAC Technology Solutions Private Limited, India together with its subsidiaries and international affiliates (hereinafter “NOVAC,” “us,” “we,” or “our”).

These Terms of Use (“Terms”) govern your use of NOVAC’s website, apps, AXLE KLASS Learning Management System, and other products and services (“Services”) including but not limited to WhatsApp groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications, and other social media forums hosted by NOVAC, which shall be deemed to be part of the “Services” by reference. As some of our Services may be software downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and these Terms will apply to such updates. You acknowledge that certain parts of the Services, as mentioned above, are provided by third-party service providers, and you agree to abide by their terms and conditions. NOVAC shall not be responsible for any disruption of services caused by such third-party service providers. Although you may "bookmark" a particular portion of our platform and bypass these Terms, your use of the platform still binds you to these Terms. If you are accessing the Services from Costa Rica, you may have specific consumer rights under Costa Rican law (for example under Law No. 7472). NOVAC operates as a foreign digital service provider and undertakes to comply with applicable Costa Rican consumer rights and data protection standards to the extent required by law.

These Terms, including any additional terms and policies referenced herein, represent a binding contract between you and us regarding the Services. You indicate your agreement to these Terms by clicking or tapping a button indicating acceptance, by executing a document that references them, or by using the Services. Therefore, please read these Terms carefully, and contact us at info@datafynovac.com, if you have any questions. These Terms apply to all users of the Services, including recruiters, colleges/universities, browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all terms, you may not access the website or use any Services. By using the Services, you confirm that you are at least 18 years of age or have obtained verifiable parental or guardian consent if under the age of majority in your jurisdiction.

By using the Services, you acknowledge and consent that your personal data may be transferred to and processed in India and other jurisdictions where NOVAC or its affiliates operate, subject to adequate data protection measures consistent with Costa Rican Laws.

These Terms are provided in English and Spanish. “Las presentes Condiciones están disponibles también en español para usuarios en Costa Rica”. If there is any conflict between the English version and a translated version, the English version shall prevail.

Any new features or tools added to the Services shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms at any time. Your continued use of or access to the Services following any changes constitutes acceptance of those changes. We reserve the right to refuse Service to anyone for any reason at any time.

Terms of Services

During registration, you are required to submit personal information, which may include your name, age, gender, mobile number, and location. You agree that the information provided is true, accurate, current, and complete, and you will maintain and update it at all times while using the Services.

By sharing your email address and phone number with us, you consent to be contacted NOVAC, its affiliates, and authorized partners via phone calls, SMS notifications, mobile applications, email, or other electronic communication regarding events, program updates, and deadlines. Such communications may include service-related information, event updates, program deadlines, promotional messages, special offers, and invitations related to NOVAC’s products or services.

You may opt out of receiving promotional or marketing communications at any time by following the unsubscribe instructions provided in such communications or by contacting NOVAC through the channels specified in the Privacy Policy. However, you may continue to receive important service-related and transactional messages that are necessary for the operation of your Account.

You are solely responsible for safeguarding your password and all activity occurring on your Account. Notify us immediately of any breach of security or unauthorized use. You shall never use another's Account without permission. You agree not to misrepresent yourself or represent yourself as another user.

You acknowledge that you are liable for losses, damages, or expenses caused by unauthorized use of your Account. NOVAC reserves the right to use social logins to authenticate your identity, pre-fill application forms, and store information for future job applications.

NOVAC’s Intellectual Property Rights

The Services, Programs, and related services are owned and operated by NOVAC and its licensors. All content, including lectures, quizzes, materials, programming assignments, programs, code, images, text, audio, video clips, HTML, and files (“NOVAC Content”), are the property of NOVAC or its licensors and are protected under Indian and international intellectual property laws.

NOVAC logos, trademarks, and service marks (“NOVAC Marks”) are the property of NOVAC. Other trademarks, service marks, and logos are the property of their respective owners. Elements of the Services are protected by trade dress and other intellectual property laws and may not be copied, reproduced, downloaded, or distributed without express written consent.

You may use NOVAC Content solely for personal, non-commercial purposes. Any reproduction, distribution, or modification of NOVAC Content for commercial use is strictly prohibited without prior written authorization. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for commercial purposes any NOVAC Content or Marks without consent. Please verify content prior to use and report any incorrect, infringing, or offensive material.

Limited License

The Services are licensed, not sold. You are granted a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and Programs for the duration you avail them. You may download or copy portions of NOVAC Content for personal, non-commercial use only. Certain third-party content may be subject to additional rules and conditions.

Commercial use includes, but is not limited to: sale/rental of content, providing paid training referencing NOVAC Content, use by institutions or corporations for internal development, or publicly displaying content.

You may not share your login credentials with others, nor may you aggregate, distribute, or publicly post NOVAC content in any form. You are also prohibited from modifying, adapting, or creating derivative works based on NOVAC content without prior written permission. These restrictions are in place to protect the integrity and proprietary nature of the Services.

User Content

You retain intellectual property rights in content you share (“User Content”) but grant NOVAC a non-transferable, royalty-free, non-exclusive, worldwide license to use it. NOVAC may remove or modify User Content at its discretion. You agree not to violate any third-party rights or upload unlawful or harmful content.

Capstone Projects

1. NOVAC-Provided Problems: Intellectual property of both Problem and Solution belongs to NOVAC. You may showcase them for career purposes but not exploit commercially.
2. Open Source or Unknown Source Problems: Intellectual property right is jointly owned by you and NOVAC, with NOVAC retaining broad usage rights.
3. Student-Provided Problems: Source must be disclosed; Intellectual property right in Solution is jointly owned. NOVAC may list the Problem and Solution in your e-portfolio. NOVAC retains a perpetual, royalty-free right to reproduce, display, or adapt such solution for internal, educational, or promotional purposes.

Feedback

By submitting feedback, you grant NOVAC the right to edit, copy, publish, distribute, and otherwise use it without compensation. Derivative reports based on user information belong exclusively to NOVAC.

Security

NOVAC prioritizes the security of its users. While we implement reasonable safeguards to protect your account and personal information, we cannot guarantee that unauthorized third parties will never breach our security measures. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

Please notify NOVAC immediately of any suspected compromise or unauthorized use of your account

Third-Party Content

Through the Services, you may access or use content provided by instructors, other users, third parties, or external websites and services. NOVAC does not guarantee that such third-party content will be free from material you may find objectionable, inappropriate, or harmful, including malware or other digital contaminants that may affect your device or data.

NOVAC disclaims any responsibility or liability for your access to, use of, or inability to access or use such third-party content. You are advised to exercise caution and review third-party terms and privacy policies before engaging with external content.

Educational Partners and Accreditation

NOVAC is an education service provider, not a university. Programs may be in consultation with universities, institutions, NGOs, or corporates (“Educational Partners”). Credentials or acknowledgements may be issued upon successful completion.

Student records may be maintained by Educational Partners, and program terms may include additional rules and requirements. NOVAC does not grant academic credit for the completion of its programs or content offerings unless explicitly stated by a partnering or credit-granting institution. Participation in or completion of NOVAC content does not automatically confer academic credit. Even if credit is awarded by one institution, there is no guarantee that other institutions will recognize or accept that credit. NOVAC, its instructors, and associated content providers are under no obligation to have content offerings recognized by any educational institution or accreditation body, including those in Costa Rica

Education Research

NOVAC is committed to improving learning outcomes and may use anonymized records of your participation in programs and services for educational research and internal analysis. In the interest of this research, you may experience variations in content delivery or instructional methods. Research findings will typically be reported in aggregate form.

Your personal identity will not be publicly disclosed in any research findings without your express written consent, in accordance with applicable data protection laws.

Paid Services

Fees are quoted in USD. You are responsible for timely payment. NOVAC may change fees at its discretion. Failure to pay may result in withdrawal of access. NOVAC may connect you with banking/financial institutions for voluntary assistance. For users in Costa Rica, applicable local taxes on digital services may be added to the total fee. Currency conversion rates may vary depending on your payment provider, and NOVAC is not responsible for any discrepancies or additional charges incurred during conversion.

Refund and Cancellation Policy

1. Student-Initiated Cancellation: No refund is available once enrolled.
2. NOVAC-Initiated Cancellation: If NOVAC cancels a course, you will be offered a credit toward a future program.
3. No-Shows: Fees are forfeited if a student does not attend or participate without prior cancellation.
4. No-Shows: Fees are forfeited if a student does not attend or participate without prior cancellation.

Modifying and Terminating Services

NOVAC may add, remove, or suspend features or Services. Termination of access may occur for violations or misuse. Users are responsible for equipment and internet access. Refunds for paid Services are evaluated on a case-by-case basis.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING COSTA RICA’S CONSUMER PROTECTION LAW, THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NOVAC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NOVAC MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY CONTENT WILL BE ACCURATE OR RELIABLE. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. HISTORICAL INFORMATION MAY NOT BE CURRENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE CIVIL CODE OF COSTA RICA, NOVAC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN NOVAC, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION.

IN NO EVENT SHALL NOVAC'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED ONE U.S. DOLLARS ($1) EXCEPT WHERE SUCH LIMITATION IS PROHIBITED BY APPLICABLE CONSUMER PROTECTION LAWS. .

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE REPRESENT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND NOVAC, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS FOR NOVAC’S ABILITY TO PROVIDE THE SERVICES TO YOU IN A COMMERCIALLY VIABLE MANNER.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE SERVICES MUST BE INITIATED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, THE CLAIM SHALL BE DEEMED PERMANENTLY BARRED. THIS LIMITATION SHALL NOT APPLY WHERE A LONGER PRESCRIPTIVE PERIOD IS EXPRESSLY PROVIDED UNDER APPLICABLE CONSUMER PROTECTION OR MANDATORY LAWS OF COSTA RICA.

NOVAC Indemnification

You agree to indemnify, defend, and hold harmless NOVAC, its affiliates, officers, employees, and agents from any and all claims, liabilities, expenses, and damages (to the extent attributable to you under applicable law), including reasonable attorneys' fees and costs, arising from or related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any applicable law or the rights of any third party; or (c) any User Content you submit, including without limitation any third party claim of infringement or misappropriation of intellectual property or other proprietary rights.

This indemnification obligation shall be interpreted in accordance with Costa Rican law, including principles of fairness and proportionality, and shall not apply in cases where such liability arises solely from NOVAC’s own negligence or misconduct.

Errors, Inaccuracies, and Omissions

NOVAC reserves the right to correct errors or omissions and update information at any time.

Governing Law and Jurisdiction

Any dispute, controversy, or claim arising out of or relating to these Terms of Use, the Services, or any related content shall be resolved through final and binding arbitration. The arbitration shall be conducted in accordance with the rules of the International Conciliation and Arbitration Center (CICA) or another recognized arbitration institution in Costa Rica, unless otherwise agreed by the parties.

The arbitration shall take place in San José, Costa Rica, and may be conducted in English. The arbitrator shall be appointed in accordance with the applicable institutional rules, and the decision rendered shall be final and enforceable in any competent court.

Each party shall bear its own legal costs and expenses, unless otherwise determined by the arbitrator. By accepting these Terms, you waive your right to bring claims in court, except for matters that cannot be resolved through arbitration under Costa Rican law.

For users acting in a consumer capacity under Costa Rican law, arbitration shall be voluntary and initiated only upon mutual written consent after a dispute arises. Otherwise, such users may pursue remedies before competent Costa Rican consumer or judicial authorities.

Revisions to the Terms

NOVAC may revise these Terms at any time. Continued use after posting constitutes acceptance of changes. Obligations prior to termination survive termination.

Severability and Waiver

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

Data Privacy & Secrecy

You must uphold data privacy and confidentiality in all matters related to NOVAC, employees, and learners. Unauthorized disclosure may lead to disciplinary, legal, and reputational consequences. For more detailed information on how personal data is collected, used, and protected, please refer to NOVAC’s Privacy Policy, which governs the processing of personal data in accordance with applicable laws.

Acceptable Use Policy

To maintain a safe, respectful, and legally compliant learning environment, all users of NOVAC’s Services must adhere to the following rules:

1. Prohibited Content and Conduct

You may not use NOVAC’s Services to share or engage in content or behavior that:

1. Violates any applicable law, including Costa Rican laws and international regulations.
2. Contains illegal content or promotes illegal activities, including but not limited to fraud, violence, or exploitation.
3. Includes credible threats or incites real-world violence, property damage, or harm to individuals or public safety.
4. Harasses, bullies, or abuses others, especially private individuals. Commentary on public matters is allowed, but must remain respectful.
5. Infringes intellectual property, privacy, or other rights. Do not share content you do not own or have permission to use. Always credit original sources.
6. Contains spam, unsolicited promotions, or irrelevant advertising.
7. Violates NOVAC’s Terms of Use or Privacy Policy, which govern your rights and responsibilities on the platform.

2. Prohibited Actions

You are also prohibited from:

1. Violating any local, national, or international law, or breaching contractual or fiduciary obligations.
2. Sharing your password or account access, or allowing others to use your account.
3. Attempting to access another user’s account or impersonating any person or entity.
4. Reproducing, selling, or misusing NOVAC content without explicit authorization.
5. Accessing or tampering with non-public areas of NOVAC’s systems, or attempting to bypass security measures.
6. Reverse engineering, disrupting, or interfering with NOVAC’s Services, including sending malware, spamming, or overloading systems.
7. Using NOVAC’s Services for anything other than educational or authorized purposes, including training AI models or scraping data.

3.Restrictions on Automated and AI Use

Without prior written consent from NOVAC, you may not:

1. Scrape content, data, or text from NOVAC’s Services using manual or automated tools (e.g., bots, scripts).
2. Use NOVAC content for text/data mining or to train AI or machine learning models, whether for commercial or non-commercial purposes.

Copyright and Trademark Policy

NOVAC respects intellectual property rights and may suspend or terminate Accounts that infringe copyrights or trademarks. Complaints must include necessary identification, signature, and details.

Entire Agreement

These Terms, along with Program-specific terms and posted policies, constitute the entire agreement between you and NOVAC.

Assignment

NOVAC may assign its rights or delegate obligations under these Terms. Users may not transfer rights or delegate obligations without prior written consent.

Grievance Redressal

For any complaints or grievances, please contact NOVAC’s Grievance Officer at info@datafynovac.com , who will acknowledge receipt within ten (10) business days and provide a substantive response within thirty (30) business days, consistent with Costa Rican consumer protection standards.