Last updated: May 23, 2023
This Subscription Services Agreement (this “Agreement”) shall be read and construed together with the NovaBeats
Terms of Service as one binding document on you and NovaBeats, and governs use of and access to our subscription
services by you, your agents and end-users whether in connection with a paid or free trial subscription to
NovaBeats. References in the NovaBeats Terms of Service and this Agreement shall have the same meaning.
Thanks for using NovaBeats (“NovaBeats”, “we”, “us”, “our”, “Service”). By accepting this Agreement, or by
accessing
or using our Service, or authorizing or permitting any agent or end-user to access or use our Service, you
acknowledge that you have read, understood, and agree to be bound by the following terms and conditions. If you
are
not eligible, or do not agree to this Agreement, then you do not have our permission to use the Service.
1. Subscriptions
-
1.1Access to our Service, or to certain features of the Service, may require you to pay fees. Before you
pay
any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are
in
U.S. dollars and are non-refundable.
-
1.2Price. NovaBeats reserves the right to determine pricing for our Service. NovaBeats will make reasonable
efforts to keep pricing information published on the website up to date. We encourage you to check our
website
periodically for current pricing information. NovaBeats may change the fees for any feature of the Service,
including additional fees or charges, if NovaBeats gives you advance notice of changes before they apply.
NovaBeats, at its sole discretion, may make promotional offers with different features and different pricing
to
any of NovaBeats’s customers. These promotional offers, unless made to you, will not apply to your offer or
the
Terms of Service.
-
1.3Subscriptions. The subscription service may allow you to subscribe to a plan ("Subscription Plan") for
which
you will be periodically billed the amounts indicated to you at the time of your subscription, as may be
updated
from time to time by NovaBeats, on a forward-going basis, upon notice to you (the "Subscription Fee"). When
you
subscribe to a Subscription Plan, the Subscription Plan will be billed on a periodic basis.
-
1.4Authorization. You hereby authorize NovaBeats to charge you on a going-forward basis and until
cancellation
of either the Subscription Plan or your payment account. The "Subscription Billing Date" is the day of the
month
when you sign up to your Subscription Plan. Your account will be charged automatically on the Subscription
Billing Date all applicable fees and taxes for the next subscription period.
-
1.5Payment Method. We will bill the periodic Subscription Fee to the payment method you provide to us
during
registration (or to a different payment method if you change your payment information). You authorize
NovaBeats
to charge to that payment method all sums for orders that you make and any level of Service you select as
described in the Terms of Service or published by NovaBeats. If you pay any fees with a credit card,
NovaBeats
may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card
is
valid and has the necessary funds or credit available to cover your purchase. Payment processing services
are
provided by the third-party service through which the purchase is made.
-
1.6Automatic Renewal. BY PURCHASING A SUBSCRIPTION, YOU AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY
RENEW
FOR SUCCESSIVE PERIODS UNLESS YOU CANCEL YOUR SUBSCRIPTION OR PAYMENT ACCOUNT AS FURTHER DESCRIBED BELOW.
-
1.7Invoices. Despite the subscription service that NovaBeats provides to you, NovaBeats is not responsible
for
the delivery of the invoices to you.
2. Refunds and Cancellation
-
2.1YOU MAY CANCEL YOUR SUBSCRIPTION PLAN AT ANY TIME, IN WHICH CASE YOUR SUBSCRIPTION WILL EXPIRE AT THE
END OF THAT SUBSCRIPTION PERIOD (AND UPON WHICH EXPIRATION YOUR SUBSCRIPTION WILL NO LONGER BE RENEWED OR
CHARGED). PLEASE NOTE, HOWEVER, THAT WE WILL NOT REFUND ANY SUBSCRIPTION FEES ALREADY PAID FOR THE CURRENT
SUBSCRIPTION PERIOD.
-
2.2In order to avoid billing of the next periodic Subscription Fee to your account, you must cancel your
Subscription
Plan before it renews.
-
2.3You may cancel your Subscription Plan through the following route: Settings > iTunes > App Store > enter
Apple
ID >
User Settings > Subscription > choose NovaBeats to cancel the Subscription Plan.
3. Delinquent Accounts. You are responsible for the failure of automatically renewal caused by
the lack
of balance in your account. NovaBeats may suspend or terminate access to the Service, including fee-based
portions of
our Service, for any account for which any amount is due but unpaid. In addition to the amount due for the
Service, a
delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of
any the
unpaid amount, including collection fees.
4. Price. NovaBeats reserves the right to determine pricing for our Service. NovaBeats will
make
reasonable efforts to keep pricing information published on the website up to date. We encourage you to check
our
website periodically for current pricing information. NovaBeats may change the fees for any feature of the
Service,
including additional fees or charges, if NovaBeats gives you advance notice of changes before they apply.
NovaBeats, at
its sole discretion, may make promotional offers with different features and different pricing to any of
NovaBeats’s
customers. These promotional offers, unless made to you, will not apply to your offer or the Terms of Service.
5. Dispute Resolution and Governing Law. This Agreement is governed by the laws of the Special
Administrative Region of Hong Kong without regard to conflict of law principles. If a lawsuit or court
proceeding is
permitted under these Terms, you and NovaBeats agree to submit to the personal and exclusive jurisdiction of the
courts
located within Hong Kong.
NovaBeats
See NovaBeats Terms of Service:
[link]
See NovaBeats Privacy Policy:
[link]