Company name: Nova Vision – FZCO
Registered office: Building A1, Dubai Digital Park, Silicon Oasis, Dubai, United Arab Emirates
Legal form: Free Zone Company (FZCO) – Dubai Silicon Oasis Authority
Contact: contact@novavision.ae
The Provider operates a SaaS platform enabling Users to clean and optimise their email inboxes (hereinafter the "Service").
These General Terms and Conditions of Sale (hereinafter "Terms") exclusively govern the contractual relationship between Nova Vision – FZCO (hereinafter "the Provider") and any individual or legal entity subscribing to the Service (hereinafter "the Client").
Any use of the Service or validation of an order constitutes full, complete and unreserved acceptance of these Terms in their version in force at the time. The Provider reserves the right to amend these Terms at any time by posting a revised version on its website. The revised version shall be effective at the time of posting. Should a revision prove unacceptable to the Client, the Client must cease using the Service and contact the Provider at support@novavision.ae.
The Service is an online software tool that enables the Client to process (delete, move, archive, unsubscribe from) emails within their inbox.
The Service operates via the Provider's servers, which act as an intermediary between the Client's browser and the Client's email provider (e.g. Gmail). Email content, metadata and authorisation credentials are accessed only with the Client's explicit permission via OAuth 2.0. Email content and metadata are processed in transit through the Provider's servers solely to enable the Service and are never stored or retained on the Provider's servers beyond the duration of the operation required to perform the requested action. Only minimal metadata (sender address, subject line) is retained in the Provider's database for the sole purpose of displaying the Client's cleaning history.
The Provider supplies the Service "as is" and "as available." The Client acknowledges that the Service is an automated tool whose results depend entirely on the parameters set by the Client and the configuration of their email environment. The Provider does not guarantee any specific outcome, result or performance level.
Prices are displayed in euros (EUR) on the Provider's website. Payment is due upon placing the order. The Provider reserves the right to amend its pricing at any time; any change shall only apply to subsequent orders.
For subscriptions, the Client authorises recurring charges at the chosen billing frequency. No refund shall be due for any billing period that has already commenced, unless otherwise required by mandatory applicable law.
5.1 – Information collected The Provider collects the email address used to log into the Service for authentication and communication purposes. The Provider will never sell or rent the Client's email address or any personally identifiable or aggregated information to any third party.
5.2 – Use of information The Client's email address is used solely to communicate with the Client and to authenticate with third-party services integrated with the platform (e.g. Gmail). Email content and metadata are used only to allow the Client to process emails through the Service and are never stored beyond the duration of the operation.
5.3 – Additional limits on use of Google User Data If the Client grants the Provider access to their Google data, the following additional restrictions apply: (a) The Provider will only use access to read or control Gmail message metadata (including attachment information), headers and message content to provide the Service and will not transfer this data to others unless necessary to comply with applicable law. (b) The Provider will not use this Gmail data for serving advertisements. (c) The Provider will not allow humans to read this data unless the Client provides affirmative agreement for specific messages, it is necessary for security purposes such as investigating abuse, or to comply with applicable law. (d) The Provider's use of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.
5.4 – GDPR (EEA Users) For Clients residing in the European Economic Area, the Provider complies with Regulation (EU) 2016/679 (GDPR). The Client has the right of access, rectification, erasure, restriction of processing, objection and data portability. These rights may be exercised by contacting dpo@novavision.ae. The Client also has the right to lodge a complaint with their local supervisory authority (in France: CNIL – www.cnil.fr). As the Provider is established outside the EU, personal data may be transferred to the United Arab Emirates. The Provider implements appropriate safeguards pursuant to Article 46 of the GDPR, including Standard Contractual Clauses approved by the European Commission.
5.5 – CCPA (California Users) Under the California Consumer Privacy Act, California consumers have the right to: request disclosure of the categories and specific pieces of personal data collected; request deletion of personal data; and request that the Provider not sell their personal data. The Provider does not sell personal data. Requests will be responded to within one month. Contact: support@novavision.ae.
5.6 – Children's information The Provider does not knowingly collect any personally identifiable information from children under the age of 13 (or 16 in the EEA). If the Client believes a child has provided such information, they should contact the Provider immediately so that the data can be promptly removed.
THE CLIENT EXPRESSLY ACKNOWLEDGES AND AGREES THAT:
6.1 – The Service is provided "as is" and "as available," without any warranty of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, uninterrupted availability, accuracy or error-free operation.
6.2 – The Provider disclaims all liability for: any loss, deletion, alteration or corruption of data (emails, attachments, contacts or any other content) resulting directly or indirectly from the use of the Service; any interruption, suspension or unavailability of the Service, regardless of cause or duration; any damage related to the Client's technical environment (email provider, internet connection, browser compatibility); any unauthorised access to the Client's account resulting from the Client's negligence.
6.3 – UNDER NO CIRCUMSTANCES SHALL THE PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, LOSS OF DATA, LOSS OF REVENUE, LOSS OF CLIENTS, REPUTATIONAL HARM OR LOSS OF OPPORTUNITY, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.4 – In the event that the Provider's liability is established notwithstanding the foregoing, the total aggregate liability of the Provider shall be strictly limited to the amounts actually paid by the Client during the three (3) months immediately preceding the event giving rise to the claim, or ten euros (€10), whichever is greater.
6.5 – The Client is solely responsible for the use of the Service and its consequences. The Client is required to perform a full backup of all email data prior to any use of the Service. The Provider shall under no circumstances be required to restore any data.
6.6 – The Client irrevocably waives any claim, action or remedy against the Provider beyond the limits set out in this Article, to the fullest extent permitted by applicable law.
The Client undertakes to: (a) provide accurate and up-to-date information; (b) maintain the confidentiality of their login credentials; (c) perform a complete backup of their email inbox before any use of the Service; (d) use the Service in accordance with its documentation and all applicable laws.
The Client is solely and entirely liable for any damage suffered or caused as a result of using the Service, and shall indemnify and hold harmless the Provider against any third-party claim in this respect.
The Client agrees to defend, indemnify and hold harmless the Provider, its officers, directors, employees, agents and subcontractors from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising from: (a) the Client's use of the Service; (b) any breach of these Terms by the Client; (c) any violation of applicable law or third-party rights by the Client.
The contract takes effect upon subscription and continues for the duration of the chosen plan. For subscriptions, the Client may cancel at any time through their account; cancellation takes effect at the end of the current billing period.
The Provider may suspend or terminate access to the Service immediately and without prior notice in the event of a breach of these Terms, suspected fraudulent activity, or for any reason at its sole discretion, without prejudice to any damages. No refund shall be due for the current billing period upon termination.
The Service, including its source code, architecture, algorithms, interface and documentation, is the exclusive property of the Provider. The subscription grants the Client a personal, non-exclusive, non-transferable and non-sublicensable right of use limited to the duration of the subscription. Any reproduction, reverse engineering, decompilation or unauthorised use is strictly prohibited.
The Provider shall not be liable for any failure or delay in performing its obligations resulting from circumstances beyond its reasonable control, including but not limited to: natural disasters, pandemics, war, cyberattacks, network or hosting failures, governmental or regulatory actions, or disruptions affecting third-party service providers.
These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates and the laws applicable to the Dubai Silicon Oasis Free Zone, to the exclusion of any other legal system.
ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF DUBAI (UNITED ARAB EMIRATES).
Notwithstanding the foregoing, pursuant to the mandatory provisions of Article 6(2) of Regulation (EC) No 593/2008 (Rome I) and Regulation (EU) No 1215/2012 (Brussels I Recast), these provisions shall not deprive a consumer Client residing in the European Union of the protection afforded by the mandatory rules of the law of their country of habitual residence, nor of the right to bring proceedings before the courts of their domicile.
If any provision of these Terms is held invalid, the remaining provisions shall remain in full force. The invalid provision shall be replaced by a valid provision most closely reflecting the original intent.
The Provider's failure to exercise any right shall not constitute a waiver of such right.
These Terms constitute the entire agreement between the parties regarding the Service and supersede all prior agreements.