Terms and Conditions of Service

These Terms and Conditions of Service ("Terms") constitute a legally binding agreement between NDA Nova Data Analytics, a French société par actions simplifiée unipersonnelle (SASU) registered with the Lyon Trade and Companies Register (RCS Lyon) under number 978 950 350, with its registered office at 21 Chemin du Lavoir, 69570 Dardilly, France ("Nova", "we", "us", or "our"), and the entity or business ("Customer", "you") accessing or using the Nova platform and related services ("Services"). By creating an account, accepting these Terms, or using the Services, the Customer agrees to be bound by these Terms.

1. Definitions

For the purposes of these Terms, the following definitions apply:

• "Nova Analytics" or "Nova" means NDA Nova Data Analytics, a SASU incorporated under French law, RCS Lyon 978 950 350, VAT number FR07978950350, with registered office at 21 Chemin du Lavoir, 69570 Dardilly, France, reachable at maxime@novadata.io.
• "Services" means the Nova web platform providing Amazon seller analytics, profit tracking, advertising performance tools, and all related features made available via subscription.
• "Customer" means the legal entity or business professional who registers for and uses the Services.
• "Authorised User" means any individual employee, agent, or contractor of the Customer permitted to access the Services under the Customer's account.
• "Subscription" means the recurring licence to access the Services, available on a monthly or annual basis.
• "Subscription Fee" means the recurring fee payable by the Customer for access to the Services.
• "Trial Period" means the 14-day free trial offered to new Customers.
• "Stripe" means Stripe, Inc., the third-party payment processor used by Nova to process Subscription Fees.
• "Customer Data" means any data, information, or content uploaded or generated by the Customer or Authorised Users through use of the Services.
• "Intellectual Property Rights" means patents, trade marks, copyrights, database rights, trade secrets, know-how, and all other intellectual property rights.
• "Applicable Law" means French law and, where applicable, EU regulations including the GDPR.

2. B2B nature of the Services, no consumer use

2.1 The Services are designed exclusively for professional and commercial use by businesses, agencies, brands, and independent professionals acting in the course of their trade or business.

2.2 By accepting these Terms, the Customer represents and warrants that it is not acting as a consumer within the meaning of applicable EU consumer protection legislation, including Directive 2011/83/EU on Consumer Rights and Directive 93/13/EEC on Unfair Terms in Consumer Contracts.

2.3 The statutory consumer rights that would otherwise apply under French and EU law, including but not limited to the 14-day right of withdrawal under Articles L.221-18 et seq. of the French Consumer Code, do not apply to Customers who are professionals or businesses.

2.4 Nova reserves the right to refuse registration or terminate access without liability if it reasonably believes a user is acting as a consumer rather than a business.

3. Account registration and access

3.1 To access the Services, the Customer must create an account and provide accurate, complete, and up-to-date information about itself and its authorised representative.

3.2 The Customer is responsible for maintaining the confidentiality of its account credentials and for all activity that occurs under its account.

3.3 The Customer must promptly notify Nova at maxime@novadata.io if it suspects any unauthorised access to its account.

3.4 Nova may, in its sole discretion, refuse to register or disable any account that it believes violates these Terms.

3.5 The Customer shall not permit more Authorised Users to access the Services than permitted under its Subscription plan.

4. Free trial

4.1 Nova offers a 14-day free Trial Period to new Customers upon registration. No payment method is required during the Trial Period unless the Customer elects to upgrade to a paid Subscription.

4.2 At the end of the Trial Period, the Customer must actively elect to upgrade to a paid Subscription. The account will not be automatically charged at the end of the Trial Period without the Customer's affirmative action.

4.3 Nova reserves the right to modify or discontinue the Trial Period offer at any time with reasonable notice.

4.4 Customer Data uploaded during the Trial Period will be retained for 30 days following the expiry of the Trial Period. After 30 days, if no paid Subscription has been initiated, all Customer Data will be permanently deleted. Nova accepts no liability for data lost pursuant to this clause.

Trial Period note: The free trial is for evaluation purposes only. Abuse of the trial (for example, creating multiple accounts to extend free access) constitutes a breach of these Terms and may result in permanent account ban.

5. Subscriptions, billing, and payment

5.1 Subscription plans

Nova offers Subscriptions on a monthly or annual basis. Details of available plans, including features and pricing, are set out on the Nova pricing page at novadata.io/pricing. The Customer selects its Subscription plan at the time of registration or upgrade.

5.2 Auto-renewal

Auto-renewal notice: Subscriptions renew automatically. Your Subscription will automatically renew at the end of each billing period (monthly or annual) at the then-current Subscription Fee unless you cancel prior to the renewal date.

By purchasing a Subscription, the Customer explicitly acknowledges and consents to automatic renewal. The Customer is responsible for cancelling its Subscription before the renewal date if it does not wish to renew.

5.3 Payment processing

5.3.1 All Subscription Fees are processed by Stripe, Inc., a third-party payment service provider. By subscribing, the Customer also agrees to be bound by Stripe's Terms of Service and Privacy Policy, available at stripe.com/legal.

5.3.2 Nova does not store the Customer's payment card details directly. Payment information is handled and secured by Stripe in accordance with PCI-DSS standards.

5.3.3 The Customer authorises Nova and Stripe to charge the Subscription Fee to the Customer's designated payment method on each billing date.

5.4 Failed payments

5.4.1 If a payment fails (for example, due to an expired card, insufficient funds, or bank refusal), Nova will notify the Customer by email and make up to three (3) automated retry attempts over a period of seven (7) days.

5.4.2 If payment is not successfully collected within seven (7) days of the initial failure, Nova may suspend access to the Services until the outstanding amount is paid.

5.4.3 If payment remains outstanding for thirty (30) days, Nova may terminate the Subscription without further notice, subject to Section 11 (Termination).

5.5 Price changes

5.5.1 Nova may modify Subscription Fees at any time, subject to the following conditions:

• Nova will provide the Customer with at least thirty (30) days' advance written notice of any price increase, via email to the Customer's registered email address.
• If the Customer does not accept the new pricing, it must cancel its Subscription before the new pricing takes effect. Continued use of the Services after the effective date of the price change constitutes acceptance.
• For annual Subscriptions, any price increase will not take effect until the Customer's next renewal date, provided notice has been given as above.

5.6 Taxes and VAT

All Subscription Fees are stated exclusive of applicable taxes. Where applicable, VAT or other taxes will be added at the applicable rate at the time of billing. If the Customer is a VAT-registered business in the EU, it may provide its VAT number to receive invoices with reverse charge treatment where legally applicable.

6. Refund policy

6.1 In consideration of the B2B nature of the Services and the Customer's acknowledgement in Section 2, all Subscription Fees are non-refundable once the billing period has commenced, except as required by mandatory applicable law.

6.2 Nova may, in its sole discretion and as a gesture of goodwill, offer partial or full refunds in exceptional circumstances. Such refunds do not constitute a waiver of this policy or an admission of liability.

6.3 Chargebacks initiated by the Customer without first contacting Nova shall be considered a breach of these Terms. Nova reserves the right to terminate accounts of Customers who initiate unjustified chargebacks.

Exception: If Nova terminates the Customer's account without cause before the end of a prepaid annual Subscription, Nova will refund a pro-rata portion of the unused Subscription Fee.

7. Cancellation

7.1 The Customer may cancel its Subscription at any time by logging into its account and following the cancellation process, or by contacting Nova at maxime@novadata.io.

7.2 Cancellation will take effect at the end of the Customer's current billing period (monthly or annual). The Customer will continue to have access to the Services until the end of the paid period.

7.3 Following cancellation, the Customer's account will be downgraded to an inactive state. Customer Data will be retained for 60 days following the end of the final paid period, after which it will be permanently deleted, unless the Customer downloads or exports its data during this retention period.

7.4 Nova is not liable for any Customer Data lost following account cancellation or expiry.

8. Acceptable use and restrictions

8.1 The Customer may use the Services solely for its own internal business purposes in connection with analysing Amazon seller performance data.

8.2 The Customer shall not, and shall not permit any Authorised User or third party to:

• copy, reproduce, distribute, resell, sublicense, or otherwise commercially exploit the Services or any part thereof without Nova's prior written consent;
• reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services;
• use the Services to develop a competing product or service;
• access the Services by automated means (for example, scraping, bots) except as expressly authorised by Nova;
• upload or transmit any content that is unlawful, harmful, defamatory, or that infringes any third party's Intellectual Property Rights;
• circumvent, disable, or interfere with security features of the Services;
• share account credentials with third parties outside the Customer's organisation;
• use the Services for any purpose prohibited by applicable law.

9. Intellectual property

9.1 Nova and its licensors retain all Intellectual Property Rights in and to the Services, including the platform, software, documentation, trade marks ("Nova" and the Nova logo), and all content made available through the Services ("Nova Content").

9.2 These Terms grant the Customer a limited, non-exclusive, non-transferable, revocable licence to access and use the Services during the Subscription period solely for the purposes described herein.

9.3 The Customer retains ownership of all Customer Data. By using the Services, the Customer grants Nova a limited, non-exclusive, royalty-free licence to process and store Customer Data solely to the extent necessary to provide the Services.

9.4 Nova may use anonymised and aggregated data derived from Customer Data (which cannot be used to identify the Customer or any individual) to improve and develop the Services. Such use does not constitute a transfer of ownership of Customer Data.

9.5 No part of the Services, Nova Content, or trade marks may be copied, reproduced, or publicly displayed without Nova's prior written permission.

10. Data protection and GDPR

10.1 Roles

The parties acknowledge that in the context of the Services, Nova acts as a data processor on behalf of the Customer (who is the data controller) in respect of any personal data contained within Customer Data, and that Nova is an independent data controller in respect of account and billing data.

10.2 Data Processing Agreement

Where the Customer uploads or processes personal data through the Services (for example, data relating to its own customers or employees), Nova will process such data in accordance with a Data Processing Agreement (DPA), which forms part of these Terms and is available at novadata.io/dpa. The DPA sets out the obligations of both parties under the GDPR (Regulation (EU) 2016/679) and applicable national data protection laws.

10.3 Nova's obligations as data processor

Nova undertakes to:

• process personal data only on documented instructions from the Customer;
• implement appropriate technical and organisational security measures;
• assist the Customer in fulfilling its obligations to data subjects (access, rectification, erasure);
• not transfer personal data outside the EEA without appropriate safeguards;
• delete or return all personal data upon termination of the Subscription, as requested.

10.4 Amazon data

The Customer acknowledges that data accessed via Amazon's APIs is subject to Amazon's Marketplace Developer Agreement and applicable policies. The Customer is solely responsible for ensuring its use of the Services complies with Amazon's terms and any applicable data licencing restrictions.

11. Termination

11.1 Termination by Customer

The Customer may terminate these Terms at any time by cancelling its Subscription in accordance with Section 7. Termination does not entitle the Customer to a refund of pre-paid Subscription Fees, except as set out in Section 6.

11.2 Termination by Nova for cause

Nova may terminate these Terms and/or suspend access to the Services with immediate effect upon written notice if:

• the Customer materially breaches these Terms and fails to remedy the breach within 14 days of written notice;
• the Customer fails to pay any Subscription Fee within 30 days of the due date;
• the Customer becomes insolvent, is subject to bankruptcy proceedings, or ceases trading;
• Nova is required to do so by law or court order.

11.3 Termination by Nova without cause

Nova may terminate these Terms without cause by giving the Customer 30 days' prior written notice. In such event, Nova will refund a pro-rata portion of any pre-paid annual Subscription Fee for the remaining period.

11.4 Effect of termination

Upon termination, the Customer's access to the Services will cease. Nova will retain Customer Data for 60 days post-termination to allow for retrieval, after which data will be permanently deleted. Sections 6, 9, 10, 12, 13, 14, and 15 survive termination.

12. Service availability and support

12.1 Nova will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week. However, Nova does not guarantee any specific level of uptime or service availability.

12.2 Nova may suspend the Services temporarily for scheduled maintenance, emergency repairs, or at the direction of a regulatory authority. Nova will endeavour to provide advance notice of scheduled maintenance where reasonably practicable.

12.3 Nova provides customer support via email at maxime@novadata.io. Nova will use reasonable efforts to respond to support requests within 2 business days.

12.4 The Customer acknowledges that the Services rely in part on third-party services (including Amazon APIs and Stripe) and that Nova is not liable for interruptions caused by such third parties.

13. Limitation of liability

13.1 Nothing in these Terms excludes or limits either party's liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited by applicable law.

13.2 Subject to clause 13.1, Nova's total aggregate liability to the Customer arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total Subscription Fees paid by the Customer in the 12 months preceding the event giving rise to the claim.

13.3 Subject to clause 13.1, Nova shall not be liable to the Customer for:

• loss of profits, revenue, or business;
• loss of anticipated savings;
• loss of data or corruption of data (except as set out in the DPA);
• loss of goodwill or reputational damage;
• any indirect, special, consequential, or punitive loss,

whether or not such loss was foreseeable or Nova had been advised of its possibility.

13.4 The Customer acknowledges that the Subscription Fee reflects the allocation of risk set out in this Section and that Nova would not be able to offer the Services at the current pricing without these limitations.

14. Warranties and disclaimers

14.1 Nova warrants that:

• it will provide the Services with reasonable skill and care;
• the Services will materially conform to the feature descriptions set out on novadata.io;
• it has the right to grant the licence set out in Section 9.

14.2 Except as expressly set out in clause 14.1, the Services are provided "as is" and "as available". Nova excludes all implied warranties, conditions, and representations to the fullest extent permitted by applicable law.

14.3 Nova does not warrant that the Services will be error-free, uninterrupted, or that the data and analytics generated will be accurate in all circumstances. The Customer is responsible for independently verifying any business decisions made on the basis of data provided by the Services.

15. Confidentiality

15.1 Each party may disclose to the other party Confidential Information in connection with these Terms. "Confidential Information" means any information disclosed by one party to the other that is marked as confidential or that a reasonable person would understand to be confidential given the nature of the information.

15.2 Each party agrees to hold the other's Confidential Information in strict confidence, not to disclose it to any third party without prior written consent, and to use it only for the purposes of performing its obligations under these Terms.

15.3 These obligations do not apply to information that: (a) is or becomes publicly available through no breach of these Terms; (b) the receiving party can demonstrate it knew prior to disclosure; or (c) is required to be disclosed by law or court order, provided advance notice is given to the disclosing party where legally permissible.

16. Communications and notices

16.1 Nova may send communications to the Customer by email to the address registered on the Customer's account. The Customer is responsible for keeping its email address up to date.

16.2 Notices sent by email are deemed received on the next business day after sending, unless Nova receives an automatic delivery failure notification.

16.3 The Customer may send notices to Nova at maxime@novadata.io or by registered post to NDA Nova Data Analytics, 21 Chemin du Lavoir, 69570 Dardilly, France.

16.4 Nova may send SMS communications related to account activity. Standard carrier rates may apply. The Customer may opt out of non-essential SMS communications at any time.

17. Mobile applications

17.1 If Nova makes available a mobile application via the Apple App Store or Google Play Store, the following terms apply in addition to these Terms:

• the licence granted is a non-transferable licence to use the application on a compatible device, in accordance with the applicable App Distributor's usage rules;
• Nova is solely responsible for the application and its content. Each App Distributor has no obligation to furnish maintenance and support services;
• in the event of a warranty failure, the Customer may notify the applicable App Distributor for a refund, if applicable, but the App Distributor has no other warranty obligation to the Customer;
• the App Distributor is a third-party beneficiary of these Terms with respect to the mobile application licence, and may enforce these Terms against the Customer.

18. Governing law and dispute resolution

18.1 These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the law of France.

18.2 The parties agree that the courts of Paris (Tribunal de Commerce de Paris or Tribunal judiciaire de Paris, as appropriate) shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms, subject to clause 18.3.

18.3 Before commencing legal proceedings, the parties agree to attempt to resolve any dispute in good faith through senior-level discussions for a period of 30 days following written notice of the dispute.

18.4 Nothing in this Section prevents either party from seeking urgent injunctive or other interim relief from a court of competent jurisdiction.

19. General provisions

19.1 Entire agreement

These Terms, together with the Data Processing Agreement and any applicable Order Form, constitute the entire agreement between the parties with respect to the Services and supersede all prior agreements, representations, and understandings.

19.2 Amendments

Nova may amend these Terms from time to time. Nova will provide the Customer with at least 30 days' advance written notice of any material changes. The Customer's continued use of the Services after the effective date constitutes acceptance. If the Customer does not accept the amended Terms, it may terminate its Subscription in accordance with Section 7.

19.3 Waiver

A failure or delay by either party to exercise any right or remedy under these Terms shall not constitute a waiver of that right or remedy.

19.4 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

19.5 Assignment

The Customer may not assign or transfer any of its rights or obligations under these Terms without Nova's prior written consent. Nova may assign its rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets, subject to written notice to the Customer.

19.6 Force majeure

Neither party shall be liable to the other for any failure or delay in performing its obligations to the extent caused by circumstances beyond its reasonable control, including acts of God, pandemic, government action, or failures of third-party infrastructure. The affected party shall provide prompt written notice and use reasonable efforts to mitigate the impact.

19.7 Third party rights

Except as expressly set out in Section 17 (App Distributors), these Terms do not give rise to any rights for any third party.

19.8 Language

These Terms are drafted in English. In the event of any inconsistency between any translation and the English version, the English version shall prevail.

20. Contact information

For any questions about these Terms or the Services, please contact:

© 2026 NDA Nova Data Analytics. All rights reserved.