Terms of Service

EFFECTIVE DATE: January 15, 2025
LAST UPDATED: January 15, 2025

Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the synthetic audience platform, website, and related services (collectively, the “Platform”) provided by Novaisys LLC, a Missouri LLC (“Provider,” “we,” “us,” or “our”). By accessing or using the Platform, you (“you,” “your,” or “User”) agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.

1. Platform Description

1.1 Service Overview

The Platform is a proprietary synthetic audience generation system that utilizes artificial intelligence, machine learning algorithms, and advanced data analytics to create statistically-grounded consumer personas, demographic insights, and market research analytics based on census data and demographic modeling.

1.2 Platform Capabilities

The Platform provides authorized Users with the ability to:

(a) Generate synthetic audience profiles and consumer personas;
(b) Conduct market research and demographic analysis;
(c) Access consumer insights and behavioral modeling;
(d) Create custom audience segments for research purposes;
(e) Export research reports and analytical data.

1.3 Consulting Services

Access to the Platform may be provided under separate consulting agreements or commercial contracts. These Terms supplement, but do not replace, any separate written agreement between you and Provider.

2. Eligibility and Account Registration

2.1 Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms. If you are using the Platform on behalf of a company or organization, you represent that you have the authority to bind such entity to these Terms.

2.2 Account Registration

To access certain features of the Platform, you may be required to create an account. You agree to:

(a) Provide accurate, current, and complete information;
(b) Maintain and update your account information;
(c) Keep your login credentials secure and confidential;
(d) Notify us immediately of any unauthorized use of your account.

2.3 Account Responsibility

You are solely responsible for all activities that occur under your account, whether authorized by you or not.

3. Acceptable Use and Restrictions

3.1 Permitted Uses

You may use the Platform solely for:

(a) Legitimate market research and consumer insights purposes;
(b) Internal business analysis and strategic planning;
(c) Academic research and educational purposes (with appropriate licensing);
(d) Other lawful purposes consistent with the Platform’s intended functionality.

3.2 Prohibited Uses

You shall not:

(a) Reverse Engineer: Attempt to reverse engineer, decompile, disassemble, or derive the source code of the Platform’s algorithms, artificial intelligence models, or machine learning components;
(b) Unauthorized Access: Access or attempt to access any portion of the Platform not intended for Users or bypass any security measures;
(c) Data Misuse: Use the Platform to create profiles of specific, identifiable individuals or for purposes that violate privacy laws;
(d) Commercial Redistribution: Resell, sublicense, or distribute Platform-generated content to third parties without authorization;
(e) Harmful Activities: Use the Platform for illegal, fraudulent, discriminatory, or harmful purposes;
(f) System Interference: Interfere with or disrupt the Platform’s operation or security;
(g) Competitive Intelligence: Use the Platform to develop competing synthetic audience generation technologies;
(h) Scraping/Mining: Use automated tools to extract, scrape, or mine data from the Platform.

3.3 Compliance with Laws

You agree to comply with all applicable laws, regulations, and industry standards in your use of the Platform, including but not limited to data protection laws, export control regulations, and anti-discrimination laws.

4. Intellectual Property Rights

4.1 Platform Ownership

The Platform, including all software, algorithms, artificial intelligence models, machine learning components, data processing methodologies, user interfaces, and related intellectual property, is and remains the exclusive property of Provider. All rights not expressly granted herein are reserved by Provider.

4.2 Limited License

Subject to these Terms, Provider grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for the purposes and in the manner specified herein.

4.3 Synthetic Audience Data

You retain ownership of any synthetic audience profiles, reports, and analyses generated through your authorized use of the Platform (“Generated Content”), subject to Provider’s underlying rights in the Platform technology and methodologies.

4.4 Feedback

Any suggestions, feedback, or ideas you provide regarding the Platform may be used by Provider without restriction or compensation.

5. Privacy and Data Protection

5.1 Privacy Policy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to our privacy practices as described in the Privacy Policy.

5.2 Data Processing

The Platform processes data to generate synthetic audience insights. You acknowledge that:

(a) The Platform creates synthetic, aggregated data representations and does not identify specific individuals;
(b) Generated synthetic audience profiles are statistical models, not actual individual profiles;
(c) You shall not attempt to use Platform outputs to identify or contact specific individuals.

6. Disclaimers and Warranties

6.1 PLATFORM PROVIDED “AS IS”

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

6.2 DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:

(a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
(b) WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE;
(c) WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

6.3 SYNTHETIC DATA DISCLAIMER

YOU ACKNOWLEDGE AND AGREE THAT:

(a) Statistical Models: Synthetic audience data represents statistical models and approximations, not exact representations of real individuals or populations;
(b) Accuracy Limitations: Generated insights may not perfectly reflect actual consumer behavior or market conditions;
(c) Fitness for Purpose: Provider makes no warranty that Platform outputs will meet your specific business requirements or expectations;
(d) Decision-Making: You are solely responsible for any business decisions made based on Platform-generated insights.

7. Limitation of Liability

7.1 LIMITATION OF DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROVIDER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY:

(a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
(b) LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
(c) DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE PLATFORM;
(d) DAMAGES RESULTING FROM ANY BUSINESS DECISIONS MADE BASED ON PLATFORM OUTPUTS.

7.2 LIMITATION OF LIABILITY

PROVIDER’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO PROVIDER FOR PLATFORM ACCESS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

8. Indemnification

You agree to defend, indemnify, and hold harmless Provider and its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or resulting from:

(a) Your use or misuse of the Platform;
(b) Your violation of these Terms or applicable law;
(c) Any business decisions made based on Platform outputs.

9. Term and Termination

9.1 Term

These Terms commence when you first access the Platform and continue until terminated in accordance with this Section.

9.2 Termination by You

You may terminate these Terms at any time by discontinuing use of the Platform and closing your account.

9.3 Termination by Provider

Provider may terminate or suspend your access to the Platform at any time, with or without cause, with or without notice.

9.4 Effect of Termination

Upon termination:

(a) Your right to access and use the Platform will immediately cease;
(b) You must cease all use of the Platform and Generated Content;
(c) Provisions regarding intellectual property, disclaimers, limitations of liability, and indemnification shall survive.

10. Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the internal laws of the State of Missouri, without giving effect to any choice or conflict of law provision.

10.2 Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to these Terms shall be instituted exclusively in the federal or state courts located in St. Louis County, Missouri. You irrevocably submit to the exclusive jurisdiction of such courts.

10.3 Class Action Waiver

You agree that any dispute arising out of or relating to these Terms will be resolved through individual legal action and not as part of a class action, collective action, or representative proceeding.

10.4 Time Limitation

Any claim arising out of or relating to these Terms must be filed within one (1) year after the cause of action arose, or such claim will be permanently barred.

11. General Provisions

11.1 Changes to Terms

Provider reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Platform or by other means. Your continued use of the Platform after such notice constitutes acceptance of the modified Terms.

11.2 Entire Agreement

These Terms, together with our Privacy Policy and any separate written agreement between you and Provider, constitute the entire agreement regarding your use of the Platform.

11.3 Contact Information

Questions about these Terms should be directed to:

Novaisys LLC
St. Louis, Missouri
Email: brian@perspectives.so

By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.