NOVELTY BRANDING

PRIVACY POLICY

Last Updated: March 11, 2025

1. INTRODUCTION

Novelty Branding ("we," "our," or "us") is committed to protecting the privacy and security of your personal information. This Privacy Policy describes how we collect, use, disclose, and safeguard information when you use our AI-powered services, including text generation, email communications, phone calls, scheduling, website creation, and digital content production (collectively, the "Services").By accessing or using our Services, you agree to this Privacy Policy. If you do not agree with our policies and practices, please do not use our Services.

2. INFORMATION WE COLLECT

2.1 Information You Provide to Us

We may collect the following types of information that you voluntarily provide to us:

Account information: name, email address, phone number, business name, and billing information Content information: any text, images, audio, or other materials you upload for use with our Services Communication preferences and history of interactions with your customers Website content, branding materials, and other digital assets

2.2 Information We Collect Automatically

When you use our Services, we may automatically collect certain information, including:

Usage data: how you interact with our Services, features used, and time spent Technical data: IP address, browser type, device information, operating system Log data: access times, pages viewed, and system activity

2.3 Information From Third Parties

We may receive information about you from third parties, including:

Business partners who offer our Services Service providers who help us with business functions Analytics providers who help us understand Service usage

3. HOW WE USE YOUR INFORMATION

We use the information we collect for the following purposes:

Providing and improving our Services Creating AI-generated content for your customers Facilitating communications with your customers Developing and maintaining websites and digital content Processing transactions and managing your account Responding to your inquiries and support requests Analyzing usage patterns to enhance user experience Complying with legal obligations

4. HOW WE SHARE YOUR INFORMATION

We may share your information with:

Service providers who perform services on our behalf (e.g., hosting, payment processing)Professional advisors such as lawyers, accountants, and insurers Third parties in connection with a business transaction (e.g., merger, acquisition)Government entities when required by law or to protect our rights

We will not sell your personal information to third parties.

5. DATA SECURITY

We implement reasonable security measures to protect your information from unauthorized access, use, or disclosure. However, no method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security.

6. DATA RETENTION

We retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required by law.

7. YOUR RIGHTS AND CHOICES

Depending on your location, you may have certain rights regarding your personal information, including:

Access to your personal information Correction of inaccurate or incomplete information Deletion of your personal information Restriction or objection to certain processing activities Data portability

To exercise these rights, please contact us using the information provided in the "Contact Us" section.

8. CHILDREN'S PRIVACY

Our Services are not intended for individuals under the age of 18, and we do not knowingly collect personal information from children.

9. INTERNATIONAL TRANSFERS

Your information may be transferred to and processed in countries other than the one in which you reside. These countries may have different data protection laws than your country of residence.

10. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time. The updated version will be indicated by an updated "Last Updated" date. We encourage you to review this Privacy Policy periodically.

11. CONTACT US

If you have any questions or concerns about this Privacy Policy, please contact us at: Novelty Branding

Seacoast, NH

[email protected]

603-207-3537


NOVELTY BRANDING

TERMS OF SERVICE

Last Updated: March 11, 2025

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client" or "you") and Novelty Branding ("Company," "we," "our," or "us") governing your access to and use of our AI-powered services, including text generation, email communications, phone calls, scheduling, website creation, and digital content production (collectively, the "Services").By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, you may not access or use the Services.

2. DESCRIPTION OF SERVICES

2.1 AI-Generated Content

We provide AI-powered solutions to generate text, emails, and phone calls to your customers. These Services are designed to help you book more business through automated scheduling and sales call facilitation.

2.2 Website and Digital Content Creation

We create websites and digital content for select clients based on their specific requirements and branding guidelines.

2.3 Service Limitations

Our Services are subject to availability and may change over time. We reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice.

3. ACCOUNT REGISTRATION AND SECURITY

To access certain features of our Services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and

complete. You

are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. CLIENT OBLIGATIONS

4.1 Lawful Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not use our Services:

In any way that violates applicable laws or regulations To engage in any conduct that restricts or inhibits anyone's use of the Services To impersonate or attempt to impersonate the Company, another user, or any other person or entity To engage in any activity that could harm, disable, overburden, or impair the Services

4.2 Content Restrictions

You shall not upload, transmit, or distribute any content that:

Is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable Infringes on any patent, trademark, trade secret, copyright, or other intellectual property rights Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware Violates the privacy rights of any third party

4.3 Compliance with Laws

You are responsible for ensuring that your use of our Services complies with all applicable laws and regulations, including those related to data privacy, electronic communications, and consumer protection.

5. FEES AND PAYMENT

5.1 Service Fees

We charge fees for the use of certain Services. All fees are specified on our website or in a separate agreement between you and us.

5.2 Payment Terms

You agree to pay all fees in accordance with the payment terms in effect at the time the fee becomes payable. Unless otherwise specified, all fees are quoted in U.S. dollars and are non-refundable.

5.3 Billing Information

You agree to provide current, complete, and accurate billing information and to promptly update all such information to keep your account current.

6. INTELLECTUAL PROPERTY

6.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the property of the Company or our licensors and are protected by copyright, trademark, and other intellectual property laws.

6.2 Client Content

You retain all rights to any content you submit, post, or display on or through our Services ("Client Content"). By providing Client Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such Client Content in connection with providing the Services to you.

6.3 Feedback

If you provide us with any feedback or suggestions regarding our Services ("Feedback"), you assign to us all rights in the Feedback and agree that we shall have the right to use the Feedback and related information in any manner we deem appropriate.

7. CONFIDENTIALITY

7.1 Definition

"Confidential Information" means all non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

7.2 Obligations

Each party agrees to:

Use the Confidential Information only for the purpose of performing its obligations under these Terms Protect the confidentiality of the Confidential Information using the same degree of care it uses to protect its own confidential information, but no less than reasonable care Not disclose the Confidential Information to any third party without the prior written consent of the disclosing party

7.3 Exceptions

The confidentiality obligations do not apply to information that:

Is or becomes publicly available without breach of these Terms Was known to the receiving party prior to its disclosure by the disclosing party Was independently developed by the receiving party without access to or use of the Confidential Information Is required to be disclosed by law or court order

8. DATA USE AND PRIVACY

8.1 Data Processing

We collect and process personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference.

8.2 Client Data

You retain all rights to data you provide to us for processing in connection with the Services ("Client Data"). You grant us a license to use the Client Data as necessary to provide the Services and as otherwise permitted in our Privacy Policy.

8.3 Aggregate Data

We may use aggregated, anonymized data derived from the use of our Services for improving our Services, developing new features, and other lawful business purposes.

9. DISCLAIMERS

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES.IN

NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

12. TERM AND TERMINATION

12.1 Term

These Terms shall remain in full force and effect while you use the Services.

12.2 Termination by You

You may terminate these Terms at any time by discontinuing use of the Services and closing your account, if applicable.

12.3 Termination by Us

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

12.4 Effect of Termination

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. GENERAL PROVISIONS

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings.

13.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law principles.

13.3 Dispute Resolution

Any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in [Your City, State], and the judgment of the arbitrator may be entered in any court having jurisdiction.

13.4 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

13.5 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

13.6 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may freely assign these Terms without restriction.

13.7 Notices

Any notice to us shall be given by email to [Your Email]. Any notice to you shall be given to the email address provided by you in your account information.

13.8 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government action, labor disputes, or internet service provider failures.

14. CONTACT US

If you have any questions about these Terms, please contact us at: Novelty Branding

Seacoast, NH

[email protected]

603-207-3537