Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the website located at noviterm.com (the "Site"), operated by Noviterm AI LLC ("Noviterm", "we", "our", "us").

By visiting, browsing, or using this Site, you confirm that you:

• Have read and understood these Terms
• Are at least 18 years of age
• Are acting on behalf of a business or organisation (our Site is intended for business use)
• Agree to be legally bound by these Terms

These Terms apply to all visitors, users, and anyone who accesses or uses the Site.

2. About Noviterm AI

Noviterm AI LLC is a technology company developing AI-powered building climate control software for commercial real estate. Our platform connects to existing Building Management Systems (BMS) and HVAC equipment via BACnet/Modbus protocols to deliver energy savings, regulatory compliance (EU EPBD), and certified measurement and verification of savings.

This website serves as an informational and lead-generation platform. Actual software services are governed by separate Service Agreements and Data Processing Agreements entered into between Noviterm and its clients.

3. Use of This Website

3.1 Permitted Use

You may use this Site for lawful business purposes, including:

• Learning about Noviterm's products and services
• Submitting enquiries or demo requests
• Requesting a free building energy audit
• Contacting our team

3.2 Prohibited Use

You agree not to:

• Use the Site in any way that violates applicable local, national, or international law or regulation
• Transmit unsolicited commercial communications (spam)
• Attempt to gain unauthorised access to any part of the Site or its related systems
• Use automated tools (bots, scrapers, crawlers) to extract data from the Site without prior written consent
• Upload or transmit viruses, malware, or any other malicious code
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Use the Site to compete with Noviterm or to build a competing product

3.3 Account and Contact Forms

When you submit information through our contact or audit request forms, you confirm that all information provided is accurate, current, and complete. You are responsible for any consequences arising from inaccurate information.

4. Our Services

4.1 Informational Purpose Only

The content on this Site is provided for informational purposes only. Nothing on this Site constitutes a binding offer, contractual commitment, or guarantee of service availability, pricing, or specific results.

4.2 Free Building Energy Audit

Where we offer a complimentary building energy audit, this is provided at our discretion and does not create any contractual obligation on either party. Audit results represent estimates based on available data and should not be relied upon as the sole basis for investment or business decisions.

4.3 Performance Claims

Energy savings figures presented on this Site (e.g., "up to 30% savings") represent results achieved or modelled under specific conditions. Actual results may vary depending on building type, existing equipment, usage patterns, occupancy, and local energy tariffs. All contractual savings commitments are made exclusively through separate written agreements.

4.4 Software Services

The deployment and use of Noviterm's AI climate control software in your building is governed by a separate Master Service Agreement (MSA), Service Level Agreement (SLA), and Data Processing Agreement (DPA). These Terms do not govern software services beyond the use of this website.

5. Intellectual Property

5.1 Our Content

All content on this Site — including but not limited to text, graphics, logos, images, icons, technical descriptions, AI architecture descriptions, and software concepts — is the exclusive property of Noviterm AI LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws.

5.2 Permitted Use of Content

You may view and print content from this Site for your own personal, non-commercial reference. You may not:

• Copy, reproduce, distribute, or publish Site content for commercial purposes without our prior written consent
• Modify, adapt, or create derivative works from our content
• Remove or obscure any copyright, trademark, or proprietary notices
• Use our name, logo, or trademarks without express written permission

5.3 Feedback

If you provide us with feedback, suggestions, or ideas regarding our products or services, you grant Noviterm a non-exclusive, royalty-free, perpetual licence to use such feedback for any purpose without compensation to you.

6. Disclaimer of Warranties

To the fullest extent permitted by applicable law, Noviterm disclaims all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Site will be uninterrupted, error-free, or free of viruses
• Warranties regarding the accuracy, completeness, or timeliness of content

Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable law.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Noviterm AI LLC and its directors, employees, partners, and agents shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your reliance on information provided on this Site
• Damages resulting from unauthorised access to our systems

This limitation applies whether the alleged liability is based on contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damage.

In jurisdictions that do not allow the exclusion of certain warranties or limitation of liability, our liability shall be limited to the maximum extent permitted by law.

8. Third-Party Links

This Site may contain links to third-party websites, including LinkedIn, GitHub, or partner sites. These links are provided for convenience only. Noviterm does not endorse, control, or accept responsibility for the content, privacy practices, or terms of any third-party website.

Your access to and use of any linked third-party site is at your own risk and subject to that site's own terms and policies.

9. Privacy

Your use of this Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using this Site, you consent to the collection and use of your information as described in our Privacy Policy.

10. Governing Law and Dispute Resolution

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

For users located in the European Union, mandatory consumer protection provisions of your country of residence may also apply and are not affected by these Terms.

10.1 Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms or your use of the Site, we encourage you to first contact us at [email protected] to seek an amicable resolution. If the dispute cannot be resolved informally, it shall be subject to the exclusive jurisdiction of the competent courts of Kyiv, Ukraine, unless mandatory EU consumer law requires otherwise.

11. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last updated" date at the top of this page. Material changes will be communicated through a notice on our Site.

Your continued use of the Site after any changes to these Terms constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Site.

We recommend reviewing these Terms periodically.

12. Contact

If you have any questions, concerns, or requests relating to these Terms of Service, please contact us:

Noviterm AI LLC
19 Mrii Street, Kyiv, Ukraine
Email: [email protected]
Phone: +38 (093) 777-32-42

We aim to respond to all enquiries within 5 business days.