Terms of Service

Effective as of June, 2024

Welcome to Novelify. Novelify is a platform offering novel and other reading materials. The services (including but not limited to the mobile application as well as the services provided therein; hereinafter collectively, "Services") are provided by Belen Group (“Platform", "we", "us", or "our"). Platform is registered at Germany. "You", "your" and "user(s)" refer to any person using the Services.

By accessing or using the Platform, you confirm that you unconditionally accept these Terms and that you agree to fully comply with them. Please read these Terms carefully before using the Platform. If you do not agree to these Terms, please do not use the Platform and you are not granted permission to access, view, or otherwise use the Platform for any purpose.

1. Eligibility

The Services are only available to individuals age 13 and over. Any access to or use of the Services by anyone under 13 or the age of majority where you reside is expressly prohibited. If you are below the age of majority where you reside, you must review these Terms with your parent or legal guardian to confirm that you and your parent or legal guardian understand and agree to them.

2. Registration and Accounts

2.1 To use certain features of the Platform, you are required to register for a Novelify account (an “Account”). You agree that all information that you submit during the Account signup process, or additional information you submit to your Account profile at any time thereafter, shall be accurate and truthful, and you shall keep the same up to date.

2.2 Your Account is unique and personal to you. Any user name, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this website, application, or portions of it using your user name, password, or other security information. Your password protects your user account, and you are solely responsible for keeping your password confidential and secure.

2.3 You may register for and login to the Platform using login functionalities provided by third-party platforms, such as Google and Apple. In addition to the Terms, you agree to comply with the relevant third-party platform’s terms of service applicable to your use of such functionalities.

2.4 You have the ability to delete your Account, and you should understand that upon deletion of your Account, you will lose the right to access or use all or part of the Platform.

2.5 We may, in its sole discretion, suspend or terminate your account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms, our Privacy Policy, or any other policies. We may do this without notice if we consider grounds for this are serious, or we will try to give you reasonable notice if the grounds are less serious.

3. Payment Terms

You may be required to purchase Coins to access certain content offered by our Service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All purchased Coins are non-refundable, non-transferable, revocable, non-exclusive. You confirm that you are over 18 years old before you make any purchases. Coins cannot be exchanged or be used for any purpose other than to access certain content offered by the Service.

3.1 The Platform reserves the right to determine pricing for the Service. Upon advance notice to you, we may change the fees for any feature of the Service, including additional fees or charges. We, at our sole discretion, may make promotional offers with different features and different pricings to any customers. These promotional offers, unless made to you, will not apply to the Service provided to you.

3.2 YOU AGREE THAT ALL COIN SALES TO YOU ARE FINAL AND WILL NOT BE REFUNDED FOR ANY REASON UNLESS REQUIRED BY APPLICABLE LAWS. YOU WILL NOT RECEIVE MONEY OR ANY OTHER COMPENSATION FOR UNUSED COINS WHEN YOUR ACCOUNT IS SUSPENDED OR TERMINATED, WHETHER SUCH SUSPENSION OR TERMINATION WAS VOLUNTARY OR INVOLUNTARY.

3.3 Subscriptions via Stripe: You may also subscribe to premium content or features through Stripe. By subscribing, you agree to pay the applicable subscription fees and any related charges. Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your subscription plan) and are non-refundable except as required by applicable law. You can manage and cancel your subscription through your Stripe account settings.

4. Proprietary Rights

4.1 The Services are owned and operated by the Platform. Unless otherwise explicitly specified by the Platform, all materials that are included in, or otherwise a part of, the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics and icons and all registered and unregistered intellectual property rights related to these (collectively, "Content"), are owned, controlled and/or licensed by the Platform.

4.2 The Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Your use of the Services does not transfer to you any ownership or other rights in the Services or the Content. Any use of the Content not expressly authorized by these Terms is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.

4.3 The Platform grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service.

4.4 Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

5. User Content

5.1 Certain features of the Service may permit users to upload content to the Service, including but not limited to original literary works (such as fictions, short stories, essays, etc.), suggestions, messages, comments, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to post or publish User Content on the Service. You shall have fully understood and agree to this section prior to uploading, posting or publishing any User Content to the Service.

5.2 By posting or publishing User Content, you grant us a worldwide and non-exclusive right and license (with the right to sublicense to our affiliates solely in connection with their provision of the Services) to host, store, transfer, display, perform, reproduce, transmit, broadcast, modify (which is made solely for the purpose of formatting for display), and distribute your User Content, in whole or in part, in any media formats only through our Services. The Platform is licensed to use the User Content for any purpose, in all media, in perpetuity, without owing any obligation or liability to you whatsoever. If you wish to keep a User Content private or proprietary, please do not transmit any User Content to the Platform or share any User Content with others.

5.3 You are solely responsible for any User Content that you post or publish on the Service, and you are responsible for the consequences of posting or publishing such User Content. By posting or publishing User Content, you affirm, represent, and warrant that:

• (a) You are the creator or owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize us and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by us, the Service, and these Terms;
• (b) Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) any other policies or guidelines of the Platform to which your User Content is subject; (iv) cause the Platform to violate any law or regulation.

5.4 You are aware that the uploaded, posted and published User Content is automatically stored and present in our Service. Unless otherwise provided by law, the Platform is under no obligation to monitor, filter, edit or control User Content that you or other users upload, post or publish, and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, delete, take down, edit, or block any User Content that in our sole determination violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. We do not endorse any User Content or any opinion, recommendation, or advice expressed in any User Content. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content. We expressly disclaim any and all liability in connection with User Content.

6. Third-Party Services

We may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on the Platform with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.

7. Reporting Intellectual Property Violations

7.1 The Platform respects the intellectual property rights of others and takes the protection of copyrights and other intellectual property seriously. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you believe your work has been infringed through the Services, please notify us at [email protected] with appropriate information and materials. Your contact information will only be used to investigate your inquiry regarding potential copyright and other infringement only and will be processed in accordance with our Privacy Policy.

7.2 We will promptly terminate without notice the accounts of users that are determined by us to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least twice.

8. Prohibited Conduct

8.1 By using the service you agree NOT to:

• (a) use the Service for any illegal purpose or in violation of any local, state, national, or international law;
• (b) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
• (c) post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
• (d) interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
• (e) interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) attempting to collect personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
• (f) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
• (g) solicit, for commercial purposes, any users of the Service with respect to their User Content.

8.2 You are solely responsible for your behavior when accessing or using our Services. If, in our reasonable opinion, you breach these Terms and engage in prohibited activities, as detailed herein, the Platform may terminate the responsible accounts, and/or report such activities to law enforcement authorities, as appropriate. We have the right, without provision of notice, to:

• (a) Take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials. We may initiate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• (b) Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.

9. Disclaimers

9.1 Your use of the Services is provided on an "As Is" and "As Available" basis without any representations, warranties or conditions from us, express or implied. The operation of the Services may be affected by numerous factors beyond our control. The operation of the Services may not be continuous or uninterrupted or secure. The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

9.2 The Platform may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third party content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of us. We are not responsible, or liable to you or any third party, for the content or accuracy of any third party materials.

9.3 We make no guarantee that your use of the Platform, and all other features or functionalities associated with the Platform, or delivery or display of the Platform, will be available, uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions. You understand and agree that your use the Platform, and use, access, download, or otherwise obtain materials or content through the Platform and any associated sites or Platforms, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the Platform), or the loss of data that results from the use if the Platform or the download or use of that material or content.

9.4 We assume no responsibility for the deletion or failure to store any Comments or other information submitted by you to the Platform, and we expressly do not promise to store or keep any Comments that you have submitted to the Platform. You are solely responsible for saving backup copies of any Comments that you upload to the Platform.

10. Limitation of Liability

Notwithstanding anything to the contrary contained herein, the Platform shall not be liable to you for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, which are in any way related to the Platform or these Terms, regardless of legal theory (including, without limitation, contract, tort, personal injury, property damage, negligence, warranty, or strict liability), whether or not the Platform has been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purposes. If you are dissatisfied with the Platform, or with any of these Terms, or feel the Platform has breached these Terms, your sole and exclusive remedy is to discontinue using the Platform. This limitation of liability is part of the basis of the bargain between us.

11. Indemnification

You agree to indemnify, defend and hold the Platform, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors (each an "Indemnified Party") harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such Indemnified Parties may incur as a result of or arising from: (i) any information you (or anyone accessing your account using your password) submit, post, or transmit through the Service; (ii) your use of the Service; (iii) your violation of these Terms; (iv) your violation of any rights of any other person; or (v) any violation of law or regulation by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

12. Governing Law and Dispute Resolution

12.1 These Terms are governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles.

12.2 Any disputes arising out of or relating to these Terms or the Service will be resolved through binding arbitration administered by the International Chamber of Commerce (ICC) in accordance with its Arbitration Rules. The arbitration will be conducted in English in Berlin, Germany. Each party will bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration.

12.3 Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from any court of competent jurisdiction to protect its intellectual property rights or to prevent loss or damage that is not adequately compensable in monetary damages.

13. Changes to Terms

We may update these Terms from time to time in our sole discretion. If we make material changes, we will notify you by email or through the Service. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use or access (or continue to access) the Service.

14. General

14.1 These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

14.2 If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

14.3 You may not assign, transfer, or sublicense these Terms and your rights and obligations under these Terms without our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.

14.4 The section titles in these Terms are for convenience only and have no legal or contractual effect.

15. Contact Information

If you have any questions about these Terms or the Service, please contact us at:

Email: [email protected]