Terms of Service
These Terms of Service (“Terms”) are a binding agreement between you and Apex AI Labs, doing business as Nova8 (“Nova8,” “we,” “us,” or “our”), governing your access to and use of the Nova8 website, web application, APIs, and related services (the “Services”). Please read them carefully. By creating an account or using the Services, you agree to be bound by these Terms and by our Privacy Policy, Cookie Policy, and Acceptable Use Policy.
1. Eligibility
You must be at least 13 years old to use Nova8, and you must have the legal capacity to enter into a binding contract in your jurisdiction. If you are using the Services on behalf of an organisation, you represent that you have authority to bind that organisation, and “you” in these Terms refers to both you personally and that organisation.
1.1 Sanctions and export controls
You represent and warrant that (a) you are not located in, ordinarily resident in, or accessing the Services from a country or region subject to comprehensive US sanctions (currently Cuba, Iran, North Korea, Syria, and the Crimea, so-called Donetsk People’s Republic, and so-called Luhansk People’s Republic regions of Ukraine), (b) you are not on the US Treasury Department’s Office of Foreign Assets Control (OFAC) Specially Designated Nationals List, the US Department of Commerce Denied Persons List, or any equivalent restricted-party list maintained by the US, EU, UK, or UN, and (c) you will not use the Services, or allow them to be used, in violation of any export-control or sanctions law. We may suspend or terminate your account at any time, without refund, if we determine in good faith that this Section 1.1 is or becomes untrue.
2. Your account
- You are responsible for keeping your account credentials confidential and for everything that happens under your account.
- You agree to give accurate, current, and complete information when signing up, and to keep it up to date.
- You may not share, transfer, or sell your account, or let anyone else use it.
- If you discover any unauthorised use of your account, you agree to email [email protected] immediately so we can help you secure it.
3. The Services
Nova8 is an AI-assisted mobile-app development platform. You describe an app in natural language and the platform generates a complete React Native (Expo) project, runs it in a live cloud preview, lets you iterate by chat, and packages it for distribution to TestFlight and the App Store. The Services include code generation, build sandboxes, hosting of per-project privacy and support pages, and integrations with the third-party services you choose to connect.
3.1 You are the developer of record
Nova8 helps you build an app, but the app is your product. When you submit your app to the Apple App Store, Google Play, TestFlight, or any other distribution channel, you are the developer of record on the relevant developer account, and you are solely responsible for complying with that channel’s developer agreement, review guidelines, content rules, age ratings, in-app purchase rules, and any platform-specific privacy nutrition labels or data-safety disclosures. Nova8 makes no representation that an app built with the Services will pass Apple App Review, Google Play review, or any other store’s approval process, and we are not a party to the contract between you and Apple, Google, or any other distribution channel.
3.2 Beta, preview, and experimental features
From time to time we may make features available to you that we label “beta,” “preview,” “experimental,” or similar (“Beta Features”). Beta Features are provided for evaluation, may be incomplete, may behave unpredictably, and are not covered by any service-level commitment, warranty, or support obligation. We may modify, suspend, or remove any Beta Feature at any time, with or without notice, and a Beta Feature may never reach general availability. Anything you build that depends on a Beta Feature is at your own risk.
3.3 AI models and providers may change
The Services rely on third-party AI models and providers (for example, large language models hosted by OpenAI, Anthropic, and others). We continuously evaluate and tune which model is used for which task in order to improve quality, speed, cost, and safety. We may add, swap, retire, or change the routing of AI models and providers at any time, without notice to you, including replacing one provider’s model with another’s. We will continue to honour the privacy commitments in Sections 3.1 and 3.2 of our Privacy Policy regardless of which underlying model is used.
4. Plans, credits, and billing
4.1 Plans
Nova8 offers a Free tier and paid subscription tiers (currently Starter and Pro). The features and credit allowances of each tier are described on the pricing page at https://nova8.dev/#pricing. We may change the prices, features, or credit allowances of any tier from time to time, but we will give you at least 30 days’ notice by email before any change to a paid tier you are subscribed to takes effect; if you do not accept the change, you may cancel before it takes effect and we will pro-rate any unused time.
4.2 Credits
Paid tiers come with a monthly credit allowance. Credits reset on each renewal and do not roll over. You can also purchase one-time credit top-ups; top-up credits do not expire as long as your account remains active and in good standing.
Credits are not money. Nova8 credits are an internal usage metric, not legal tender, not a stored-value instrument, and not a security. Credits have no cash value, are not transferable between accounts, are not redeemable for cash (except where a refund is required by Section 4.4 or by your local consumer-protection law), and may not be combined, gifted, or resold. We may, in our reasonable discretion, adjust the number of credits a particular operation consumes — for example, when the underlying compute or AI-model cost changes — with prospective effect; we will not retroactively re-charge credits for work you have already completed.
4.3 Billing
All paid plans are billed in advance through Stripe in US dollars. Subscriptions auto-renew at the end of each billing period (monthly or annual) at the then-current price unless you cancel beforehand. You authorise us, through Stripe, to charge the payment method on file for each renewal and for any top-ups you purchase. If a charge fails, we will retry it a few times and email you; if it continues to fail, we may downgrade your account to the Free tier.
4.4 Cancellation and refunds
- You may cancel your subscription at any time from the Billing page in your account. Cancellation takes effect at the end of your current billing period; you keep paid features until then.
- Subscription refunds. If you cancel within 7 days of your first paid subscription charge and you have used fewer than 25% of that period’s credits, email us at [email protected] and we will issue a full refund of that charge. Beyond 7 days or beyond 25% credit usage, payments are non-refundable, except where a refund is required by your local consumer-protection law.
- Top-up refunds. Unused credit top-ups are refundable within 30 days of purchase if you have not used any of those credits. Used credits are non-refundable.
- EU/UK statutory rights. If you live in the EU or the UK, you have a 14-day right of withdrawal under consumer law. By starting to use a paid feature within those 14 days you expressly consent to the immediate performance of the Services and acknowledge that you lose the right of withdrawal once you have done so. Refund requests within the 14-day window for unused services will be honoured.
- Taxes. Prices are exclusive of taxes unless stated otherwise. Where required, we will collect and remit applicable sales tax, VAT, or GST.
5. Your content and the apps you build
5.1 Your content
“Your Content” means everything you submit to the Services: your prompts, your chat messages with the build agent, the code generated for your projects (whether by you, the build agent, or a combination), the assets you upload, and the apps you publish using Nova8.
5.2 You own your content
You retain all right, title, and interest in Your Content, including in the source code generated for your projects. Nova8 claims no ownership over your apps, your code, your assets, or your customer data. You may publish, sell, sublicense, fork, or open-source your apps however you wish.
5.3 Licence you grant us
You grant Nova8 a worldwide, non-exclusive, royalty-free licence to host, store, transmit, display, reproduce, and process Your Content solely to the extent necessary to provide the Services to you (for example, to run a build, to render a preview, to keep a backup, or to ship the per-project privacy page on your behalf). This licence ends when you delete the relevant content, except for any reasonable backups or copies retained for the limited time and the limited purposes described in our Privacy Policy.
5.4 You are responsible for your content
You represent and warrant that you have all rights necessary to submit Your Content to the Services, that Your Content does not infringe anyone else’s rights, and that Your Content complies with our Acceptable Use Policy and with all applicable laws.
5.5 AI-generated output
The Services use AI models to generate code, text, and other output. These models can occasionally produce inaccurate, incomplete, or duplicated material, and they may generate output that is similar to output produced for other users with similar prompts. To the maximum extent permitted by law, we make no representation that the output of the Services is unique to you, original, fit for any particular purpose, or free from third-party rights. You are responsible for reviewing any AI-generated output before relying on it and for testing apps you build before shipping them to real users.
5.6 Feedback
If you send us suggestions, ideas, feature requests, bug reports, or other feedback about the Services (“Feedback”) — whether by email, in-app message, social media, support ticket, or otherwise — you grant Nova8 a worldwide, perpetual, irrevocable, royalty-free, sublicensable licence to use, reproduce, modify, and incorporate that Feedback into the Services or any other Nova8 product without any obligation of attribution, compensation, or confidentiality. Feedback is given voluntarily; you do not have to send us any. This Section does not give us any rights in code, prompts, or other content you create using the Services — those remain governed by Section 5.2.
6. Our intellectual property
Nova8, the Nova8 logo, the Nova8 platform itself (including its UI, infrastructure, server code, training data we own, and proprietary prompts and pipelines), and all related trademarks, are owned by Apex AI Labs, doing business as Nova8. Nothing in these Terms gives you any right to use those marks or to reverse-engineer, copy, or republish the platform itself. The code that the platform generates for your projects is yours under Section 5.2; that is the only carve-out.
7. Third-party services
The Services let you connect third-party services (Stripe, Apple, Google, RevenueCat, OpenAI, Anthropic, Supabase, Firebase, GitHub, and others). When you connect a third-party service, your use of that service is governed by that service’s own terms and privacy policy. Nova8 is not responsible for any third-party service, and any charges or actions taken on those services because of credentials you connected are your responsibility.
8. Acceptable use
Your use of the Services is also governed by our Acceptable Use Policy, which is part of these Terms. Violations of that policy are a material breach of these Terms.
9. Suspension and termination
- Termination by you. You may cancel your subscription and delete your account at any time, for any reason, from your account settings.
- Termination by us. We may suspend or terminate your access immediately if you materially breach these Terms or our Acceptable Use Policy, if your use creates a risk of legal liability for us or another customer, if we are required to do so by law, or if your account has been inactive for 24 consecutive months on a Free tier.
- What survives. Sections 5 (the licence you granted for residual backups), 6 (our IP), 10 (disclaimers), 11 (limitation of liability), 12 (indemnification), 14 (disputes), and 15 (general) survive any termination.
10. Disclaimers
To the maximum extent permitted by law, the Services are provided “as is” and “as available,” without warranty of any kind, whether express, implied, or statutory. Nova8 disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted operation. We do not warrant that the Services will be error-free, that defects will be corrected, that the platform or its servers are free of viruses, that AI-generated output will meet your requirements, or that any specific feature will continue to be offered.
10.1 No service-level agreement
Nova8 does not currently offer a service-level agreement (SLA) on any tier, including paid tiers. We work hard to keep the platform fast and available, but we do not guarantee any specific uptime percentage, response time, or build-throughput target on the Free, Starter, or Pro tier. If we introduce a tier with an explicit SLA in the future, that SLA will be published on the pricing page and will apply only to that tier.
We reserve the right to throttle, queue, or deprioritise work submitted on the Free tier (including build runs, agent steps, and preview-environment lifetime) when overall demand on the platform threatens the experience of paying customers or the operational cost of the Free tier. Paying customers will, in those circumstances, be served first.
11. Limitation of liability
To the maximum extent permitted by law, Apex AI Labs, doing business as Nova8 (and our directors, officers, employees, affiliates, agents, and licensors) shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, arising out of or in connection with the Services, even if we have been advised of the possibility of such damages. In no event shall our total aggregate liability to you for all claims arising out of or in connection with the Services exceed the greater of (a) the amount you have paid to Nova8 during the 12 months immediately preceding the event giving rise to the claim, or (b) US $100. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you; in those jurisdictions our liability is limited to the maximum extent permitted by law.
12. Indemnification
You agree to defend, indemnify, and hold harmless Apex AI Labs, doing business as Nova8 and its directors, officers, employees, affiliates, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) Your Content, (b) your use of the Services in breach of these Terms or the Acceptable Use Policy, (c) your violation of any law or any third party’s rights, or (d) the apps you build, distribute, or operate using the Services. We will give you prompt notice of any claim and reasonable cooperation, and you may not settle any claim that imposes obligations on us without our prior written consent.
13. Changes to these Terms
We may update these Terms from time to time. If we make a material change, we will notify you by email and by posting a prominent notice in the dashboard at least 14 days before the change takes effect. Continuing to use the Services after the change takes effect means you accept the updated Terms; if you do not accept them, your sole remedy is to cancel your subscription and stop using the Services before the change takes effect. The “Effective” and “Last updated” dates at the top of this page always reflect the current version.
14. Disputes — arbitration and class-action waiver (US users)
If you are a resident of the United States, you and Nova8 agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual action in small-claims court for any Dispute that qualifies. The arbitration will be conducted in English, will take place in Delaware (or remotely if both parties agree), and the arbitrator’s decision will be final and enforceable in any court of competent jurisdiction.
Class-action waiver. You and Nova8 each agree that any Dispute will be brought only in your or our individual capacity, and not as a plaintiff or class member in any class, collective, or representative action. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.
30-day opt-out. You can opt out of this arbitration agreement by emailing [email protected] with the subject line “Arbitration Opt-Out” within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.
Costs and attorneys’ fees. Each party will bear its own attorneys’ fees and costs in any arbitration or court proceeding, except that the arbitrator (or, where Section 14 does not apply, the court) may award reasonable attorneys’ fees and costs to the prevailing party where authorised by applicable law or by the AAA Consumer Arbitration Rules. Nothing in this paragraph limits any non-waivable right you may have under your local law to recover fees as a consumer.
15. General
- Governing law. These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. Where Section 14 does not apply (because you are not a US resident or because you have opted out), the courts of Delaware have exclusive jurisdiction over any Dispute, except that we may seek injunctive relief in any court of competent jurisdiction to protect our intellectual property.
- Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, and Acceptable Use Policy, are the entire agreement between you and Nova8 regarding the Services and supersede any prior agreements.
- Severability. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
- No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
- Assignment. You may not assign these Terms without our prior written consent. We may assign them without restriction in connection with a merger, acquisition, reorganisation, or sale of assets, provided the successor honours the same obligations.
- Force majeure. Neither party is liable for any failure or delay caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, pandemic, internet outages, or third-party infrastructure failures.
- Notices to you. We will give you notice by email to the address on file, by an in-app banner, or by posting on this page (whichever we judge most likely to reach you). Notice is effective 24 hours after sending.
- Notices to us. Any notice you give us must be sent to [email protected] and is effective when we acknowledge receipt or 7 days after sending, whichever is earlier.
- Language. These Terms, our Privacy Policy, our Cookie Policy, and our Acceptable Use Policy are written in English. We may make translated versions available for convenience, but if there is any conflict between the English version and a translation, the English version controls, except where your local law gives you a non-waivable right to a particular language.
- Data Processing Agreement. If you use the Services to process personal data on behalf of others (for example, your customers), a Data Processing Agreement is available on request — see Section 13 of our Privacy Policy.
16. Contact
Questions about these Terms? Email [email protected].