Novalytics - Terms of Service

Last updated: Dec. 18, 2025

These Terms of Service (the "Agreement" or "Terms") are a legally binding agreement between Novalytics Inc. ("Novalytics," "We," "Us," or "Our"), a company incorporated under the laws of Quebec, Canada, and the corporate entity or organization ("Customer" or "You") agreeing to these terms.

ATTENTION: BY CLICKING AN "I ACCEPT" BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, OR USING ANY PART OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE "CUSTOMER" SHALL REFER TO SUCH ENTITY.

1. Definitions

  • "Services" means Novalytics' proprietary, AI-powered toolkit, website, application, documentation, and infrastructure (including the prompt engineering, data fetching, and reporting layers) provided via a Software-as-a-Service (SaaS) model.
  • "Customer Data" means all personal data and information, reports (including private financial data, sustainability reports, and any other proprietary information) that the Customer uploads or submits. This includes Templates & Analysis generated using Novalytics’ services.
  • "Service Data" means non-personal, aggregated, de-identified data related to the performance, operation, and usage of the Services by the Customer (e.g., usage metrics, query complexity, error logs, and internal analytics).
  • "AI Credits" means the usage-based currency purchased by the Customer to execute specific, resource-intensive actions within the Services.

2. The Services

2.1. Provision of Services. Novalytics grants Customer a non-exclusive, non-transferable, revocable right to access and use the Services during the subscription term, subject to these Terms.

2.2. Alpha Status (Disclaimer). The Services are currently in an "alpha" stage of development. The Customer acknowledges and accepts that the Services may contain bugs, errors, and may be subject to interruptions. The Customer agrees to use the Services at its own risk and agrees that Novalytics will not be liable for damages resulting from such flaws (see Section 9).

3. Fees, Subscriptions, and AI Credits

3.1. Subscription. Access to the Services is based on a monthly subscription fee as defined in the Customer’s chosen plan. Subscription fees are non-refundable and due in advance.

3.2. AI Credits. Certain advanced features require the use of AI Credits. Credits can be purchased separately and may be subject to expiration limits as outlined in the specific plan. Unused credits may not be refundable.

3.3. Usage. The Customer is responsible for monitoring its usage of AI Credits. Novalytics reserves the right to suspend or terminate the Services if usage significantly exceeds the Customer’s purchased allotment without resolution.

3.4. Taxes. All fees are exclusive of applicable federal, provincial, or local taxes (including Quebec Sales Tax and GST/HST), which shall be the sole responsibility of the Customer.

3.5. Fee Changes and Modifications. Novalytics reserves the right to modify the monthly Subscription Fees, the price of AI Credits, or to institute new charges and payment terms at any time.

  1. Notice Requirement: Novalytics will provide the Customer with a minimum of Thirty (30) days' written notice before any price increase takes effect.
  2. Application: Any modified fees will take effect only upon the next renewal date of the Customer’s current subscription term, or when the Customer purchases additional AI Credits, whichever occurs later.
  3. Right to Terminate: If the Customer objects to any price increase, the Customer's sole remedy is to terminate the Agreement by providing notice to Novalytics before the effective date of the new fees. Continued use of the Services after the effective date constitutes acceptance of the new fees.

4. Intellectual Property and Data Ownership

4.1. Novalytics IP. The Services, including all algorithms, models, underlying technology, proprietary prompt engineering, and documentation, are the exclusive property of Novalytics.

4.2. Customer Data Ownership. The Customer retains all right, title, and interest in and to all Customer Data. Novalytics acquires no ownership rights in Customer Data.

4.3. License Grant to Novalytics (Processing). The Customer grants Novalytics a limited, non-exclusive, worldwide, royalty-free license to use, host, reproduce, and transmit the Customer Data solely as necessary to provide the Services and related support to the Customer in accordance with these Terms.

5. Data Confidentiality

5.1. Third-Party LLM Disclaimer. The Customer acknowledges that Novalytics uses third-party Large Language Models (LLMs) via API to provide the Services. Novalytics relies on the contractual assurances of the LLM provider that Customer Data is not used for the LLM provider's model training.

5.2. Prohibition on Model Training. Novalytics will not use Customer Data (including private financial data and full reports) to train, improve, or fine-tune any AI models, whether owned by Novalytics or any third party.

5.3. Use of Service Data. Notwithstanding Section 5.2, the Customer agrees that Novalytics may use Service Data (anonymized, aggregated usage metrics and metadata) for internal business purposes, including improving the Services, developing new features, and technical maintenance. This data will not be traceable back to the Customer.

6. Customer Responsibilities and Prohibited Use

6.1. Acceptable Use. Customer agrees not to: (a) use the Services to store or transmit infringing, libelous, or otherwise unlawful material; (b) interfere with or disrupt the integrity or performance of the Services; or (c) attempt to gain unauthorized access to the Services.

6.2. Account Security. The customer is responsible for maintaining the confidentiality of all login information and for all activities that occur under its account.

7. Termination

7.1. Termination by Customer. The customer may terminate its subscription at the end of the then-current billing period. No refunds will be issued for pre-paid subscription fees or unused AI Credits.

7.2. Termination by Novalytics. Novalytics reserves the right to suspend or terminate your access to the Services at any time for misuse, non-payment, violation of these Terms, or if required by law.

7.3. Post-Termination. Upon termination, Novalytics may make Customer Data available for download for a period of thirty (30) days following the end of the current billing period. Upon receipt of a formal deletion request, Novalytics will permanently delete all associated Customer Data within thirty (30) days, except where retention is required to comply with legal, tax, or regulatory obligations.

8. Warranties and Disclaimers

8.1. No warranty. Except as expressly provided herein, the Services are provided “as is” and “as available”. Novalytics expressly disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

8.2. Output Verification. Due to the reliance of the Services on complex, cutting-edge Artificial Intelligence systems, Novalytics makes no warranty regarding the absolute accuracy or completeness of the outputs, insights, or data generated by the Services. The Services are intended to serve as a toolkit for acceleration and analysis, not as a substitute for professional judgment. The Customer is solely responsible for exercising professional due diligence, verifying the accuracy of all generated results, and making final decisions based on their own expert review of the outputs and insights.

9. Limitation of Liability

9.1. General Limitation. To the maximum extent permitted by applicable law, Novalytics’ responsibility for any losses or claims arising from or related to this Agreement will be strictly limited to direct, verifiable damages.

In no event will Novalytics be responsible for any losses that are secondary to the use of, or inability to use, the Services, including, but not limited to, damages related to: loss of projected profits, business interruption, damage to reputation or goodwill, or the cost of recovering lost data or other intangible losses.

This limitation applies even if Novalytics has been advised of the possibility of such losses.

9.2. Aggregate Liability. Novalytics’ total aggregate liability under this Agreement, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the Customer to Novalytics for the Services in the twelve (12) months preceding the event giving rise to the claim.

9.3. Exclusion of Gross Fault. Nothing in this Agreement shall exclude or restrict either party’s liability for damages resulting from its gross fault (faute lourde) or intentional fault (faute intentionnelle), as defined under the Civil Code of Quebec.

10. General Provisions

10.1. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The parties irrevocably submit to the exclusive jurisdiction of the competent courts in the judicial district of Montreal, Quebec, Canada.

10.2. Changes to Terms. Novalytics reserves the right to modify these Terms at any time. We will provide thirty (30) days' notice of any “Material” changes. Continued use of the Services after the effective date of the change constitutes acceptance of the new Terms.

10.3. Entire Agreement. These Terms constitute the entire agreement between the parties concerning the subject matter hereof.

Contact Us

If you have any questions, please contact us at: team@novalytics.ca.