Terms of Use v2.0.0

1. Acceptance of Terms

By downloading, installing, or using any NOVAKU application ("App") you agree to these Terms of Use ("Terms"). These Terms form a legally binding agreement between you ("User", "you") and Novaku ("Novaku", "we", "us"). If you do not agree, do not use any NOVAKU app. Continued use after a Terms update constitutes acceptance of the updated Terms.

2. Description of Services

Novaku develops and publishes a suite of mobile applications, including NOVAKU: History (educational quizzes) and Fan Mosaic (sports fan photo mosaic). Each app may offer free and premium tiers. App-specific terms are in §A and §B.

3. Eligibility and Age

You must be at least 16 years old to use Fan Mosaic. NOVAKU: History is suitable for users aged 13+. If you are below the applicable age you may not use the apps. By accepting these Terms you represent that you meet the age requirement.

4. Account Creation

4.1 Voluntary registration

Sign-in is via Google. You may create exactly one account per Google identity.

4.2 Account responsibilities

You are responsible for the confidentiality of your account credentials and for all activity under your account. Notify us at novakuapp@gmail.com if you become aware of unauthorised access.

4.3 Termination by you

You may delete your account at any time from Profile → Delete Account or by following the deletion guide.

4.4 Termination by us

We may terminate or suspend your account, with or without notice, if you breach these Terms (in particular §6 Prohibited Uses or §B.3 Content Standards), for fraud or abuse, or to comply with a court order or law-enforcement request.

5. User-Generated Content (Fan Mosaic only)

5.1 Your content

"Your Content" means any photograph and display name you submit through Fan Mosaic.

5.2 Limited licence to Novaku

You grant Novaku a worldwide, royalty-free, non-exclusive licence to host, store, reproduce, adapt for image processing (resizing, cropping into mosaic tiles), publicly display and distribute Your Content solely for the purpose of operating and promoting the Service. The licence ends when Your Content is removed from our systems following your deletion request, save for the temporary persistence in pre-rendered composite mosaics described in §B and copies retained by sub-processors per their own policies.

5.3 Sub-licence

The licence in §5.2 is sub-licensable to our processors (Supabase, Google, Telegram for moderation) only to the minimum extent necessary to deliver the Service.

5.4 No sale

We will never sell Your Content to third parties.

5.5 Your representations and warranties

By submitting Your Content you represent and warrant that:

• You appear in the photograph, or you have the unambiguous right and consent from each identifiable person depicted.
• Your Content does not infringe any third-party intellectual property, privacy, image right or other right.
• Your Content does not contain illegal, defamatory, obscene, hateful or violent material.
• You are at least 16 years old.

5.6 You retain ownership

You retain all ownership of Your Content. The licence in §5.2 does not transfer copyright.

6. Prohibited Uses

You agree not to:

• Reverse engineer, decompile or disassemble any NOVAKU app, except where permitted by mandatory law (Directive 2009/24/EC Art. 6).
• Copy, redistribute, sell or sublicense app content without our prior written permission.
• Scrape or harvest content from the apps by automated means (bots, crawlers, headless clients).
• Circumvent security features, access controls or premium content restrictions.
• Use any NOVAKU app for fraudulent, deceptive or illegal purposes.
• Upload malware or interfere with app infrastructure or servers.
• Attempt unauthorised access to other user accounts, backend systems or stored data.
• Use the Service to harass, intimidate or threaten any person.
• Impersonate another person or misrepresent your affiliation.

Violations may result in immediate termination of access and, where appropriate, legal action.

7. Intellectual Property

7.1 Ownership

All NOVAKU apps, names, logos, UI designs, code, content, lesson catalogues, quiz designs and materials are owned by or licensed to Novaku and are protected by applicable IP laws.

7.2 Licence to you

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the apps for personal, non-commercial use, subject to these Terms.

7.3 Trademarks

Team names, flags and any third-party trademarks are the property of their respective owners and are used for nominative reference only. Fan Mosaic is an independent fan app and is not affiliated with, endorsed by, or sponsored by FIFA, the FIFA World Cup™, any national football federation or any club.

8. Premium Subscriptions (Pro)

8.1 Plans

We offer:

• History Pro — applies only within NOVAKU: History.
• NOVAKU Pro — applies across the NOVAKU ecosystem (includes Fan Mosaic and History).

Pricing is shown in-app and on Google Play and may vary by region.

8.2 Billing and renewal

Subscriptions are processed via Google Play Billing and validated by RevenueCat. They auto-renew at the end of each billing period unless cancelled at least 24 hours before renewal.

8.3 Cancellation

Cancel at Play Store → profile → Payments & subscriptions → Subscriptions → pick the NOVAKU subscription → Cancel. Access continues until the end of the current period.

8.4 Refunds

Refunds are handled by Google Play under its policy. We cannot process refunds directly.

8.5 Subscription restoration

Sign in with the Google account that purchased Pro, or tap "Restore purchases" in Settings.

8.6 Price changes

We may change the subscription price for new billing periods. Existing subscribers receive at least 7 days' notice before a price change takes effect; you can cancel before that date to avoid the new price.

9. EU Consumer Right of Withdrawal — Digital Content Waiver

10. Disclaimer of Warranties

THE APPS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We do not warrant that the apps will operate uninterrupted or error-free, that defects will be corrected, or that the apps are free from viruses. Some jurisdictions do not allow the exclusion of implied warranties, so the above may not apply to you to the extent prohibited by law.

Nothing in this section limits warranties or remedies that may not be excluded under mandatory EU consumer protection law (Directive (EU) 2019/770) or the Spanish General Law for the Defence of Consumers and Users (Royal Legislative Decree 1/2007).

11. Limitation of Liability

To the maximum extent permitted by applicable law, Novaku shall not be liable for any indirect, incidental, special, consequential or punitive damages arising out of or relating to your use of any NOVAKU app.

In any event, Novaku's total cumulative liability to you shall not exceed:

• For Pro subscribers: the total amount you paid to Novaku in the twelve (12) months immediately preceding the claim.
• For free-tier users: one hundred euros (€100).

EU residents: our liability is limited only to the extent permitted by mandatory consumer protection law in your country of residence. Nothing in this section excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be excluded by law.

12. Indemnification

You agree to defend, indemnify and hold Novaku harmless from and against any claim, liability, damage, loss or expense (including reasonable legal fees) arising out of or related to:

• Your Content (Fan Mosaic), including any claim that it infringes a third party's rights or violates §5.5 representations.
• Your breach of these Terms.
• Your violation of any law or third-party right.

13. Suspension and Removal of Content

We may, at our sole discretion and without prior notice, remove Your Content or suspend your account where Your Content (a) violates §B.3 content standards, (b) is the subject of a credible third-party complaint, or (c) is the subject of a court order, takedown notice or law-enforcement request. Where possible we will explain the reason in-app or by email.

14. Notice-and-Takedown

If you believe content displayed in any NOVAKU app infringes your rights or violates these Terms, send a detailed notice to novakuapp@gmail.com identifying:

• The infringing content (e.g., URL or in-app location).
• The right allegedly infringed (copyright, image right, defamation, etc.).
• Your contact details and a statement under penalty of perjury that the information is accurate and that you are authorised to act.

We will review and respond within 7 days. We comply with EU Digital Services Act Arts. 6–9 and Spanish LSSI-CE Art. 16 hosting safe-harbor provisions.

15. Updates to the Apps

We may release updates to the apps at any time. Some updates may add or remove features. We do not guarantee that any specific feature will remain available, except where mandatory consumer law requires us to do so.

16. Privacy

Our Privacy Policy describes how we process personal data. By using the apps you acknowledge that you have read it. Acceptance of the Privacy Policy is a prerequisite to using Fan Mosaic.

17. Third-Party Services

The apps interact with third-party services (Google, Supabase, RevenueCat, Sentry, Telegram). Your use of those services is subject to their own terms and privacy policies, listed in the Privacy Policy. We are not responsible for third-party services' acts or omissions outside our processor agreements.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of Spain, without regard to conflict-of-law principles. Subject to mandatory EU consumer protection law, any dispute shall be submitted to the exclusive jurisdiction of the courts of Pamplona (Navarra), Spain.

EU consumers may, in addition, lodge their complaint directly with us at novakuapp@gmail.com. The European Commission's Online Dispute Resolution platform was discontinued on 20 July 2025 and is no longer available.

If you are located outside the European Union, you and Novaku agree that any dispute shall be resolved by binding individual arbitration administered under the rules of the Madrid Court of Arbitration, with the seat of arbitration in Madrid, Spain, in the English language, except where mandatory local consumer law provides otherwise.

19. Severability and Entire Agreement

If any provision of these Terms is found unenforceable, the remainder remains in full force. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Novaku regarding the apps.

20. Changes to These Terms

These Terms are versioned in lockstep with the Privacy Policy. Material changes are announced in-app at least 30 days before they take effect; for free-tier users continued use after the effective date constitutes acceptance. Pro subscribers may cancel before the effective date if they do not accept the new Terms.

21. Contact

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