GENERAL TERMS AND CONDITIONS OF USE AND SALE

Use of the “NOVALYA” platform (hereinafter the “Platform“), owned by NOVALLIANCE LIMITED, a company incorporated in Ireland, registered in the Irish Companies Register under number 738197, whose registered office is located at POD 2, the Old Station House, 15a Main Street, Blackrock, A94T8P98 – IRELAND, implies unreserved acceptance of these General Terms and Conditions of Use and Sale (hereinafter the “TERMS AND CONDITIONS“) by the User.

Please read this TERMS AND CONDITIONS carefully. Use of the Platform implies acceptance by User of these TERMS AND CONDITIONS and therefore a binding legal commitment between the User (or the business entity it represents) and NOVALLIANCE LIMITED (and its respective officers, directors, successors, and assigns) and will govern the User’s access to the Platform and all other interactions with NOVALLIANCE LIMITED related to the Platform.

If the person accessing the Platform does not agree to these TERMS AND CONDITIONS, he should neither accept them, nor use the Platform nor create an account nor use the services offered by NOVALLIANCE LIMITED.

NOVALLIANCE LIMITED reserves the right to make changes to these TERMS AND CONDITIONS at any time. All changes are effective immediately when posted. The User’s continued use of the Platform following the posting of any revised TERMS AND CONDITIONS constitutes acceptance and agreement to the updated TERMS AND CONDITIONS.

ARTICLE 1 – Preamble

NOVALLIANCE LIMITED offers a marketing automation Platform that provides the User with an automated customer prospecting system in SaaS mode (Software as a Service) designed to enable the User to promote its activities using automated tools.

ARTICLE 2 – Definitions

“Data”:

User Data: means all Personal Data of the User, as well as all information relating to an identified or identifiable natural person, hosted by NOVALLIANCE LIMITED and entered by the User as part of the use of the Services delivered by the Platform;

Personal Data: means all types of information, data and content, collected and processed in the context of the use of the Services, hosted by NOVALLIANCE LIMITED, which, within the meaning of Regulation 2016/679/EU of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, commonly known as the “General Data Protection Regulation” (“GDPR“), make it possible to designate or identify, directly or indirectly, a natural person;

Processing of Personal Data: means any automated processing in whole or in part, as well as to the non-automated processing of Personal Data contained or intended to be contained in a file, as defined in Article 2 paragraph 1 of the GDPR.

“Fee(s)”: means the fee(s) to be paid to use the Platform.

“Platform”: means any Services, content, functionality, communication channels and software and other services or features made available to the User on or through NOVALLIANCE LIMITED website or mobile application, accessible from the app.novalya.com or from other URLs where novalya.com is part of the path.

“Platform Content”: means content, data, features, and functionality, including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on the Platform.

“Prohibited Use(s)” means: (1) using the Platform in any way that violates any applicable law or regulation; (2) using the Platform to exploit, harm, or attempt to exploit or harm anyone in any way; (3) using the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these TERMS AND CONDITIONS; (4) using the Platform to extract any content from the Site and Platform for a competing activity, or for recruitment purposes or for any reason whatsoever; (5) using the Platform to transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (6) using the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform; (7) using any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; (8) using any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose; (9) using any device, software or routine that interferes with the proper working of the Platform; (10) introducing any viruses, Trojan horses, worms, logic bombs, or other material that is technologically harmful or malicious; (11) attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform; (12) engaging in any conduct that may harm either other users of the Platform or NOVALLIANCE LIMITED, exposing even potentially them to liability; (13) impersonating or attempting to impersonate another user or any other person or entity; (14) engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform; (15) otherwise attempting to interfere with the proper working of the Platform.

“Services”: means any and all of the services offered by NOVALLIANCE LIMITED on the Platform.

“Site” or “Website”: means the website hosting the Platform, accessible at the following address: https://www.novalya.com

“Subscription”: means the signing up for using the Platform.

“User”: means the natural or legal person who holds a User account and connects to the Platform in order to use the Services.

“User Account”: means the account to be created on the Site by the User, created in accordance with the procedure described in article 9.1 hereof.

ARTICLE 3 – Object

The Platform is aimed at enabling Users to automate their marketing operations, using specific IT tools.

These TERMS AND CONDITIONS rule:

the conditions of signing up for a Subscription, pricing and duration of Subscriptions offered by NOVALLIANCE LIMITED to the User for using the Platform;

the conditions under which NOVALLIANCE LIMITED makes the Services present on the Platform available to the User.

The signing up for any Subscription as well as any beginning in the use of the Platform implies, on the part of the User, the acceptance of these TERMS AND CONDITIONS.

Subscription fees are given for information only and may be revised at any time by NOVALLIANCE LIMITED.

The User is therefore deemed to accept all the rules stipulated herein, as well as those which may be present in any document available on the Site or Platform, integrated into these TERMS AND CONDITIONS by reference and which govern his relationship with NOVALLIANCE LIMITED.

These TERMS AND CONDITIONS are enforceable for the entire duration of use of the Platform and until new TERMS AND CONDITIONS replace the present ones.

There may be legal notices on other areas of the Platform which relates to the use of the Platform, the Services and subscription, all of which, together with these TERMS AND CONDITIONS govern User’s use of the Platform. User engages to consult such legal notices appearing on the Platform prior to any use of the Services offered via the latter.

ARTICLE 4 – Signing up for a Subscription – 14 Day Trial Period

4.1 Signing up for subscription

The signing up for a Subscription on the Site to benefit from access to the Platform implies a definitive commitment on the part of the Customer to pay the relevant Fee as well as unreserved acceptance of the entirety of these TERMS AND CONDITIONS.

The Subscription is effective when the User:

accepts these TERMS AND CONDITIONS by ticking the appropriate box; and

pays for his order in full under the conditions set out in article 6 of these TERMS AND CONDITIONS.

The Subscription is activated within the deadlines specified in article 7 of these TERMS AND CONDITIONS.

NOVALLIANCE LIMITED will confirm receipt and acceptance of the Subscription order by e-mail.

The data recorded in the computer system of NOVALLIANCE LIMITED constitute proof of the entire transaction with the Customer.

4.2 Signing up for a 14 Day Trial Period

The signing up for a 14 Day Trial Period on the Site to benefit from access to the Platform implies unreserved acceptance of the entirety of these TERMS AND CONDITIONS.

The 14 Day Trial Period is effective when the User accepts these TERMS AND CONDITIONS by ticking the appropriate box and the User will be sent a confirmation that the 14 Day Trial Period has been activated.

By registering to the Platform, the User is requested to select the subscription plan and the duration of the subscription (monthly/yearly).

No Fee will be processed on the credit card indicated by User upon registration at signing up of the 14 Day Trial Period: subscriptions for a 14 Day Trial Period are free of charges. The User can cancel his subscription prior to the end of the 14 Day Trial Period directly on his User Account or by sending an e-mail to support@novalya.com.

If the User does not cancel within the end of the 14 Day Trial Period, the Monthly Subscription Fee will be billed on the credit card NOVALLIANCE LIMITED has on file. For subsequent renewals, article 8 below applies.

The data recorded in the computer system of NOVALLIANCE LIMITED constitute proof of the entire transaction with the Customer.

ARTICLE 5 – Fees

Subscriptions are provided at the Fee(s) in force on the day the Subscription is signed up on the Site. The Fees and subscription plans are detailed on the Platform and include all taxes. Fees may change from time to time. All Fees are nonrefundable.

ARTICLE 6 – Terms of payment

The Subscription Fee must be paid in full in a single instalment when signing up for Subscription on the Site.

The Subscription will be activated upon full payment of the Subscription Fee.

Fees are payable by credit card (Visa, MasterCard or American Express).

For renewals in accordance to article 8 of these TERMS AND CONDITIONS, the User agree that, if, for any reason, the User’s credit card company declines or otherwise refuses to pay the amount owed for the Services purchased, NOVALLIANCE LIMITED may suspend or terminate the use of the Platform and/or the delivery of Services and may require the User to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to NOVALLIANCE LIMITED.

ARTICLE 7 – Subscription activation

Unless otherwise indicated to the User upon registration or unless subscription is for the 14 Day Trial Period, NOVALLIANCE LIMITED will immediately activate the Subscription on the Customer’s User Account upon payment by credit card.

Confirmation that the Subscription has been activated is sent by e-mail to the User.

ARTICLE 8 – Subscription’s Duration, Renewal and Termination

The Subscription (Monthly or Yearly) is effective on the day it is activated by NOVALLIANCE LIMITED.

No right of withdrawal is granted by NOVALLIANCE LIMITED to the User, being the activation of the Subscription (Monthly or Yearly) immediate upon receipt of payment.

Subscriptions (Monthly or Yearly) are renewed by tacit agreement on the respectively monthly anniversary date or annual anniversary date of the Subscription. In such event, Fees will be billed to the credit card NOVALLIANCE LIMITED has on file.

The User may prevent the automatic renewal by sending an e-mail to support@novalya.com containing the notice of termination. The notice of termination must be sent at least thirty (30) days before the respectively monthly anniversary date or annual anniversary date of the Subscription; in case the notice period is not met, and the User’s credit card has been debited with the relevant renewal Fee, such renewal Fee is not refundable and remains definitively acquired in its entirety by NOVALLIANCE LIMITED and the Subscription is renewed accordingly.

The User may terminate the Subscription (Monthly or Yearly) at any time by sending an e-mail to support@novalya.com.

The User expressly acknowledges and agrees that in case of early termination of the Subscription (Monthly or Yearly), the Fee(s) paid for the Subscription are not refundable and remain definitively acquired in their entirety by NOVALLIANCE LIMITED.

ARTICLE 9 – How to register on the Site in order to use the Platform

9.1 To use the Platform, the User must first register by following the registration process detailed on the Site.

The User may access the Platform by completing the registration form available on the Site.

The User must identify himself/herself and complete in good faith all the information requested in the registration forms used to create a User Account, in accordance with the procedure described on the Site.

Before validating the registration form, the User must check the accuracy of all the information given on the registration form, and in particular the e-mail address and password chosen and communicated, insofar as this information enables the User’s account to be identified.

9.2 The User must be at least 16 years of age when registering on the Site. The User undertakes to request and obtain written authorization from his/her legal representatives prior to any registration.

9.3 After registration, the User will access his User Account by logging on to the Site.

The User is obliged to maintain the confidentiality of his/her connection settings. In this respect, it is reminded that the User’s connection parameters are for unique and strictly personal use only.

The User is responsible for the use of his/her login data. The User is prohibited from lending or transferring his/her login data to any third party or allowing any third party to connect to his/her User Account.

9.4 Ifthe User provides false, inaccurate, outdated, or incomplete information, NOVALLIANCE LIMITED shall be entitled to suspend or close the User’s account and to refuse the User access to all or part of the Platform in the future.

ARTICLE 10 – Access to the Site and Platform – Responsibility of NOVALLIANCE LIMITED

10.1 The use and maintenance of the IT and telecommunications resources required to access the Site and Platform are the responsibility of the User, who alone shall bear the costs of use and maintenance of the IT and telecommunications resources.

10.2 NOVALLIANCE LIMITED:

– makes every effort to ensure access and proper functioning of the Site and the Platform 24/24 – 7/7;

– reserves the sole right to modify or discontinue (temporarily or permanently) the Site and/or the Platform, including any services or features therein, at any time, with or without notice and shall not be liable to the User or any third party should this right be exercised. Modifications may include, but are not limited to, changes in the subscription plans, fees structure and the addition of free or fee-based services. Any new features that augment or enhance the then-current services on the Platform shall also be subject to these TERMS AND CONDITIONS;

– shall not be held liable for any interruption of access to the Site and/or the Platform, whether voluntary or involuntary, it being understood that NOVALLIANCE LIMITED undertakes to use its best efforts to limit any interruptions for which it is responsible.

ARTICLE 11 – Rules for using the Platform

11.1 The User undertakes to use the Platform for lawful purposes and in accordance with these TERMS AND CONDITIONS.

11.2 Content distributed via the Platform must under all aspects, and among others: (1) comply with applicable law; (2) not infringe or invade other’s privacy; (3) not denounce or humiliate a person directly by naming them via the Site and/or Platform; (4) not include any illegal statement, in particular those of a violent, abusive, defamatory, racist, revisionist, war crimes, pedophile or sexual nature, inciting to murder, suicide, discrimination or hatred nature, etc,; (5) not include messages inciting to proselytism and displaying religious and/or political beliefs; (6) not infringe any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party; (7) not breach the security of, compromise or otherwise allow access to secured, protected or inaccessible areas of the Platform, or attempt to gain access to other networks or servers via the User’s Platform account.

Content that does not comply with these rules may be deleted by NOVALLIANCE LIMITED, which moderates the content posted on the Platform to ensure that it complies with the laws and regulations in force and with the rules set out in these TERMS AND CONDITIONS.

NOVALLIANCE LIMITED reserves the right to inform the User of any content contrary to these TERMS AND CONDITIONS and to this article 11.

11.3 The User undertakes not to use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, the User represents and warrants that: (1) he will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these TERMS AND CONDITIONS; (2) he is fully responsible for the use of the Platform by himself; (3) he is the owner or controls all rights in and to all content the User itself provides to NOVALLIANCE LIMITED; (4) he will be solely responsible for his use of the Platform, including the quality and integrity of any data and other information, including information made available to NOVALLIANCE LIMITED; (5) is will be solely responsible for the content posted on the Platform; (6) he undertakes to indemnify NOVALLIANCE LIMITED against any claims by third parties who may be injured by content posted on the Platform; (7) he will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication provider.

11.4 NOVALLIANCE LIMITED reserves the right to take, at its own discretion, the appropriate measures and remedies with respect to the User’s responsibility, depending on the seriousness of the event, and/or to take itself the actions it deems necessary to maintain the reputation and integrity of the Site and the Platform (deletion of the litigious content; warning; suspension of access to the account of the User in question; reporting User to the proper authorities, etc.).

11.5 The User acknowledges and agrees that NOVALLIANCE LIMITED, in its sole discretion, may suspend or terminate the User’s access to the Platform (or any part thereof) for violations of this article 11, without notice, and without any liability to the User or to any third party for any claims, damages, costs or losses resulting therefrom.

ARTICLE 12 – Termination

12.1 – Termination of access to the Platform by NOVALLIANCE LIMITED

With the exception of violations of article 11 (sanctioned as per article 11.5 above) in the event of breach of any of the User’s obligations under these TERMS AND CONDITIONS, and more generally, in the event of User’s non-compliance with these TERMS AND CONDITIONS, NOVALLIANCE LIMITED may, after formal notice sent by any means which has remained without effect for a period of ten (10) working days, definitively terminate the User’s access to the Platform, without the User being entitled to claim any compensation whatsoever.

Upon termination and regardless of the reason(s) motivating such termination, the User’s right to use the Platform will immediately cease. NOVALLIANCE LIMITED is not liable to the User or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by NOVALLIANCE LIMITED with regards to the User’s Platform access.

It is expressly specified that any termination of access to the Platform by NOVALLIANCE LIMITED shall not give right to reimbursement, in whole or in part, of any Fees paid by the User.

12.2 – Termination of site registration by the Customer

The User has the right to request the cancellation of his registration on the Platform, upon request to NOVALLIANCE LIMITED, by e-mail sent to support@novalya.com.

NOVALLIANCE LIMITED undertakes to delete the User’s account within seven (7) working days from receipt of the User’s request.

It is expressly specified that any termination of access to the Site by NOVALLIANCE LIMITED upon User’s request shall not give right to the reimbursement, in whole or in part, of any Fees paid by the User.

ARTICLE 13 – Liability of User

The User is solely responsible for the use of the tools provided on the Platform. In this respect, and in the event of an error in the use of one of the Services by the User, the latter may not request any total or partial reimbursement of his/her subscription, unless the error is due to a technical fault on the Platform.

The User accesses the Site and uses the Platform at his own discretion and risk and acknowledges and agrees that he will be solely responsible for any damage to his computer system (or telecommunications equipment) or loss of data that results from such activities. The User agrees that NOVALLIANCE LIMITED has no responsibility or liability for the deletion or failure to store any information or content maintained or transmitted on or through the Platform.

The User acknowledges that the internet and telecommunications providers’ networks are inherently insecure. Accordingly, the User acknowledges and agrees that NOVALLIANCE LIMITED is not liable for any changes to, interception of, or loss of the User’s data while in transit via the internet or a telecommunications provider’s network.

ARTICLE 14 – Liability of NOVALLIANCE LIMITED

NOVALLIANCE LIMITED provides the User with Services allowing him to automate his marketing operations and, without prejudice to article 10.2 above, NOVALLIANCE LIMITED responsibility is limited to providing access to the Site and the Platform.

The Platform is provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. NOVALLIANCE LIMITED makes no warranty that (a) the Platform will meet the User’s requirements, (b) the Platform will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Platform will be effective, accurate or reliable, or (d) the quality of the Platform will meet the User’s expectations or be free from mistakes, errors or defects.

NOVALLIANCE LIMITED cannot be held responsible for false, misleading, or out-of-date information communicated by the User via the Platform.

NOVALLIANCE LIMITED and the User are independent parties, each acting in their own name and for their own account.

ARTICLE 15 – Third parties’ services and third parties’ contents

The Platform may leverage or include access to third parties’ services, meaning any services owned and provided by a third-party vendor that NOVALLIANCE LIMITED makes available to its customers as a Service on or through the Platform.

NOVALLIANCE LIMITED makes no warranty regarding any transactions executed through a third party or third-party services, or in connection with the Platform, and the User acknowledges and agrees that such transactions are conducted entirely at User’s own risk. Any warranty that is provided in connection with any services or content available on or through the Platform from a third party or through third parties’ services is provided solely by such third party.

The use of the third-party applications and platforms is governed by the provisions of article 16 “Personal data” below.

NOVALLIANCE LIMITED is not responsible for the third parties’ content, meaning content, promotions or offers provided by third parties or links to external third-party websites that may be accessible on the Platform.

ARTICLE 16 – Personal data

16.1 – Ownership of data transmitted by the User

Data transmitted by the User will be considered personal data within the meaning of Article 4.1 of the General Data Protection Regulation (GDPR).

NOVALLIANCE LIMITED undertakes not to alter, modify, or disclose to any third party the Data transmitted by the User.

The User acknowledges and agrees that NOVALLIANCE LIMITED may use such Data in connection with the provision of its Services and in connection with the performance of statistical or communication studies for promotional purposes, subject to compliance with the principles of confidentiality, and the mandatory rules governing the processing, storage, and use of Data, in particular when the latter are of a sensitive or personal nature.

16.2 – Lawfulness of the processing

Where NOVALLIANCE LIMITED is required to process Personal Data (within the meaning of the applicable law) collected from the User, it undertakes to:

comply with applicable laws and regulations on Data protection, i.e., European Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR);

process such Data only if required for the purposes listed below and as authorized or required by Law;

keep Personal Data strictly confidential;

take appropriate organizational, physical and technical security measures to protect Personal Data;

transfer Personal Data outside the territory of the European Union only with the prior authorization of the User and within a secure framework in accordance with the requirements of the applicable legislation, i.e. either to countries offering an “adequate” level of protection as defined by the European authorities for the protection of Personal Data (DPAs), or to entities (Affiliates, Subcontractors) that have signed standard contractual clauses as issued by the European authorities.

In this context, NOVALLIANCE LIMITED certifies that the Data are stored on the territory of the European Union.

16.3 – Obligations of NOVALLIANCE LIMITED

In connection with the provision of the Services, NOVALLIANCE LIMITED:

provides Services that are structurally respectful of the principles of proportionality, minimization and limitation of Personal Data, ensuring that only relevant Data, as defined by the User, are processed within the Platform, for the only agreed purposes and under the control of the only persons who need to know them;

implements, by virtue of an obligation of means, the appropriate technical and organizational measures in order to protect the Personal Data collected from the User, in a permanent and documented manner, against accidental or illegal destruction, accidental loss, alteration, distribution or unauthorized access, including in the context of the transmission of Data over a network, as well as against any form of unlawful processing or processing not included in the processing entrusted to it within the meaning of this agreement.

During the provision of the Services, NOVALLIANCE LIMITED undertakes to modify or delete, upon User’s request, any Personal Data contained in its databases, in particular in the event of an individual exercising his or her rights of access, correction, and erasure, so that the Data contained in the Platform is and remains accurate and lawful.

16.4 – Data security and transparency

NOVALLIANCE LIMITED will set up logical and physical access restrictions as well as the necessary network protections in accordance with the presentation of the deployed security devices, as well as any necessary action traceability device.

NOVALLIANCE LIMITED agrees to return or destroy any Personal Data in its possession or under its control in connection with the provision of the Services upon the expiration of the Subscription or in the event of termination of the agreement for any reason.

NOVALLIANCE LIMITED acknowledges that it must be able, at all times during the performance of the agreement, to account for and provide evidence of all of its systems and procedures for protecting Personal Data, minimizing its use, and ensuring that said systems and procedures comply with legal requirements.

ARTICLE 17 – Erasure of Data following termination

The User has the right to ask for deletion or removal of his/her Personal Data.

These rights may be exercised by contacting NOVALLIANCE LIMITED by e-mail at the following address: support@novalya.com

ARTICLE 18 – Intellectual property

18.1 – Compliance with intellectual property rights

NOVALLIANCE LIMITED retains ownership or license of all intellectual property rights that are used to operate the Platform; all Platform Contents are covered by intellectual property rights.

Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of the Platform Contents, without the prior written consent of NOVALLIANCE LIMITED, is strictly forbidden.

NOVALLIANCE LIMITED’s failure to institute proceedings upon becoming aware of such unauthorized use does not constitute acceptance of such use and/or waiver of prosecution.

18.2 – Respect of copyright – Reproduction of the Platform

The Platform respects copyright and related rights (“Copyrights“).

All Copyrights of the protected works reproduced and communicated on the Platform are reserved worldwide.

Reproduction of all or part of the Platform on an electronic support is prohibited.

18.3 – Restrictions on use

All trademarks and other intellectual property rights on all Platform Content and on the structure of the Platform belong to NOVALLIANCE LIMITED.

No use of this content and related intellectual property rights is authorized without the prior express written consent of NOVALLIANCE LIMITED. All such rights are expressly reserved.

The User undertakes to respect the intellectual property rights of NOVALLIANCE LIMITED on all and each of the Platform Contents constituting the NOVALLIANCE LIMITED Platform and to ensure that these rights are respected by third parties.

The User undertakes to inform NOVALLIANCE LIMITED without delay of any actual infringement or any attempt at infringement of the latter’s intellectual property rights he becomes aware.

Furthermore, the User acknowledges and accepts that access to the Platform and the provision of Services does not imply any transfer or grant of intellectual property rights (trademark rights or copyright) or other rights to the User.

It is therefore strictly forbidden to reproduce, distribute, transmit, publish, allow access via a link or hypertext link, or to modify, adapt or correct the Platform in any way whatsoever without the express written authorization of NOVALLIANCE LIMITED. Failure to comply with this clause is not only a Prohibited Use of the Platform, but may result in infringement of copyright, trademark, or other intellectual property rights, which exposes the User to civil and/or criminal penalties.

ARTICLE 19 – Use of cookies

19.1 – General information

Cookies are small text files stored on your computer by the Site to enable or optimize its operation, and to provide information to the site owner. Cookies help us to operate the Site and improve its interactivity and our services.

NOVALLIANCE LIMITED wishes to inform you in a clear and transparent manner about the use of cookies when you access the Site.

You can configure the content of cookies collected on the Site by NOVALLIANCE LIMITED.

Cookies are used on the Site for various purposes, to facilitate your browsing, to offer you personalized content and advertising or to compile visit statistics.

A cookie is read or transmitted by the website server to your browser, which then stores it on your terminal. Each cookie is assigned an identifier which enables the sender to identify the terminal in which it is stored for the duration of the cookie’s validity or recording period.

To configure and manage cookies directly on the Site, you can use the interface we provide.

This interface is accessible via the cookies banner that appears when you first connect to the Site.

19.2 – Your rights

You may at any time express or modify your wishes regarding cookies and in particular with regard to advertising targeting cookies set by the Site.

You can use the interface we provide via the cookies banner that appears when you first connect to the Site.

By deactivating targeted advertising cookies via this interface, you will continue to be exposed to advertising, but it will no longer be targeted according to your presumed preferences based on your browsing profile. Deactivating targeted advertising has no impact on the volume of advertising to which you are exposed, but we will no longer be able to limit the number of times the same advertisement is displayed.

19.3 – Social network sharing cookies

Certain pages of the Site contain buttons or modules from social networks that are third parties to NOVALLIANCE LIMITED. They allow you to use the functionalities of these networks and in particular to share content present on the Site with other users of these networks.

When you visit a page of the Site on which one of these buttons or modules is displayed, your browser may send information to the social network, which may then associate this display with your profile.

Social network cookies, which are not under the control of NOVALLIANCE LIMITED, may be deposited in your browser by these networks.

We invite you to consult the privacy policies specific to each of these social networks, in order to learn about the purposes for which the browsing information they may collect through these buttons and modules is used.

19.4 – Targeted advertising cookies

Advertising cookies may be placed by NOVALLIANCE LIMITED and its service providers.

For cookies deposited by NOVALLIANCE LIMITED and its service providers you can express your preferences as specified below.

19.5 – Statistical cookies

These cookies make it possible to compile statistics on Site traffic and to detect navigation problems in order to monitor and improve the quality of our services.

At any time, you can set your browser to express and modify your wishes with regard to cookies, and in particular with regard to statistical cookies. You can express your choices by setting your browser to refuse certain cookies.

If you refuse our cookies and those of our partners, your visit to the Site will no longer be counted in our traffic measurement tools.

Please note that you may refuse to accept cookies.

To delete your browser settings and modify cookies, you can use the interface we provide via the cookies banner that appears when you first connect to the Site.

19.6 – The cookie personalizing our communications

The communications we may send you (by email, sms or by calling you) may be personalized thanks to your browsing profile.

The data used to establish your browsing profile is collected and processed on a completely anonymous basis.

Your browsing profile takes into account:

the pages you have visited on the Site;

themes consulted and their frequency of consultation;

your browsing profile is associated with a “personalization of our communications” cookie stored in your browser.

19.7 – Setting cookies on the Site

Functional cookies enable Internet users to use the Site’s functionalities and guarantee their smooth operation. These cookies do not collect data that could be used for targeting or marketing purposes.

However, NOVALLIANCE LIMITED may use three categories of cookies for this purpose. You are therefore free to deactivate them. Please note that these settings only apply to the browser you are currently using.

1 – Statistical cookies

This category of cookies is used to compile statistics on Site traffic.

When you deactivate them, we cannot monitor and improve the quality of our services.

2 – Customization

This category of cookies enables us to analyze your browsing on www.novalya.com in order to personalize our offers and services, on our sites or through messages we send you.

3 – Targeted advertising

This category of cookies enables us to offer you web advertising tailored to your profile and interests. Disabling these cookies will have no effect on the number of ads you see.

ARTICLE 20 – Violation of the TERMS AND CONDITIONS

Any violation of these TERMS AND CONDITIONS authorizes NOVALLIANCE LIMITED to refuse for the future to the violating User access to the Platform and to the Services, as well as to close any User Account allowing access to the Platform and to the Services, without prejudice to the indemnities which could be claimed to the author of the aforementioned violation by NOVALLIANCE LIMITED.

ARTICLE 21 – Evidentiary value

The User acknowledges that recordings and backups (including any connection data) made on the Platform will have full evidentiary value between the User and NOVALLIANCE LIMITED. Thus, these data will be taken as proof between the Parties for any dispute.

The User therefore acknowledges the validity and evidentiary value of e-mails in its contractual relations with NOVALLIANCE LIMITED. Similarly, notifications made via the Platform are admissible as evidence.

ARTICLE 22 – Changes to the TERMS AND CONDITIONS

NOVALLIANCE LIMITED reserves the right to change and update these TERMS AND CONDITIONS at its sole discretion from time to time, among others due to the technical evolution of the Platform or of its Services offers, or due to the evolution of legislation.

Use of the Platform by the User is always subject to the most recent version of the TERMS AND CONDITIONS available to the User at the time of such use. It is the User’s responsibility to consult the TERMS AND CONDITIONS, accessible from the User Account, as often as necessary and NOVALLIANCE LIMITED reccommends to User to consult the TERMS AND CONDITIONS regularly to be informed on the current applicable TERMS AND CONDITIONS.

ARTICLE 23 – Disputes – Applicable law – Jurisdiction

In the event of any dispute concerning the performance or application of these TERMS AND CONDITIONS, the disputing parties will endeavor to find a mutually satisfactory and balanced solution in good faith.

These TERMS AND CONDITIONS are governed by the laws of the Republic of Ireland.

All disputes arising out of or in connection with this contract and any agreements resulting therefrom shall be submitted to the exclusive jurisdiction of the Republic of Ireland.

ARTICLE 24 -Waiver and severability

The User agrees that a breach of these TERMS AND CONDITIONS will cause irreparable injury to NOVALLIANCE LIMITED for which monetary damages would not be an adequate remedy, and NOVALLIANCE LIMITED shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law.

No waiver by NOVALLIANCE LIMITED of a term or condition set forth in these TERMS AND CONDITIONS shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of NOVALLIANCE LIMITED to assert a right or provision under these TERMS AND CONDITIONS shall not constitute a waiver of such right or provision.

If any provision of these TERMS AND CONDITIONS is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the TERMS AND CONDITIONS will continue in full force and effect.