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The App: In a general sense, the mobile or web applications developed by Nagato Holding Sàrl based at Impasse des Amaris 15, 1654 Le Bry Switzerland that can be downloaded.
The GTC: These present general terms and conditions, as amended by NOVA if applicable.
The Client: Any individual or legal entity purchasing survey responses from NOVA.
The Contract or Contractual Documentation: The usage agreement concluded between us and you upon your acceptance of the GTC.
NOVA or we: at Impasse des Amaris 15, 1654 Le Bry under Nagato Holding Sàrl
The Platform: In a general sense, the Site as well as the App.
The Services: The services offered by NOVA as described in articles 2.1 to 2.4.
The Site: The website located at www.nova-metrics.com and any other domains pointing to the same address, if applicable.
The Survey(s): A set of questions that Users can answer on the App within a day.
The User or you: Any person using the Site, the Application, or any other medium operated by NOVA.
2.1 The Application allows Users to respond to Surveys.
2.2 NOVA compensates Users for the responses they provide by participating in Surveys.
2.3 Additionally, NOVA offers Clients the option to purchase responses to questions. The contract between NOVA and the Client is subject to separate conditions.
2.4 NOVA enables third-party companies to provide access to the Platform on their website(s) or mobile application(s) through a frame or similar process.
2.5 Only registered Users can respond to Surveys.
2.6 The GTC apply to all Services offered by NOVA. Special provisions may apply to certain services provided by NOVA.
Special provisions applicable to certain services offered by NOVA, including conditions applicable to Surveys.
3.1 The general terms and conditions, the privacy policy, and the special provisions applicable to certain services offered by NOVA are integral parts of the Contract that binds you to NOVA.
3.2 If access to the Platform occurs through third-party platforms (as described in Article 2.4), the Contractual Documentation also applies.
4.1 In principle, the App is only accessible to Users.
4.2 The Site is accessible to any User.
4.3 The data you provide to us during registration and use of our Services are managed in accordance with our privacy policy.
4.4 You must be 12 years of age or older and have the legal capacity to understand under Article 15 of the Swiss Civil Code (RS 210), or have permission from your legal representative, to register on the Platform and use the dedicated Services offered by NOVA. For more details, please refer to the conditions outlined in our privacy policy.
4.5 It is your responsibility to provide accurate and complete information during registration and in case of modifications during Platform usage. According to our privacy policy, you can rectify inaccurate information/data about yourself at any time.
4.6 There is no inherent right to create and maintain a profile on the Platform and/or to participate in it, and we are free to refuse or exclude a User at any time without giving reasons.
4.7 A user account is definitively created only after activation through an SMS sent to the User’s number provided during registration on the Platform.
4.8 The User can close their user account at any time by making a request directly to info@nova-metrics.com. Data transmitted to NOVA before account closure is managed in accordance with our privacy policy.
5.1 NOVA makes all reasonable efforts to ensure that the information on the Platform (and on the social networks it manages) is accurate. However, any liability of NOVA in this regard is excluded.
5.2 The contents of the Platform do not constitute advice, recommendations, guarantees, or authorizations from NOVA. They are not intended to serve as a basis for making (or not making) decisions and/or for any use. Any User who decides based on, or otherwise uses, the contents of the Platform does so at their own risk. NOVA expressly excludes all warranties, including any warranty of fitness for a particular purpose and non-infringement of rights.
6.1 In general. Subject to mandatory exceptions under the law, NOVA’s liability is excluded for all its Services and for any content posted by NOVA on the Platform.
6.2 Contents/links. NOVA’s liability is expressly excluded for the legality, accuracy, truthfulness, quality, timeliness, completeness, and/or reliability of contents posted on the Platform and contents of external sites to which links posted on the Platform may point, as well as for the consequences of registering inaccurate or erroneous data on the Platform.
6.3 Technical issues. NOVA disclaims all liability for temporary unavailability and/or malfunctions of the Platform, regardless of the cause.
7.1 Each User agrees to indemnify NOVA, its subsidiaries, employees, directors, officers, consultants, representatives, successors, or assignees (for the purposes of this article only, the “Affiliates of NOVA”) for any damage suffered by NOVA or the Affiliates of NOVA in connection with claims made by third parties (including other Users) due to the actions or omissions of that User on the Platform, especially in case of infringement of third-party intellectual property rights. The indemnification will also cover legal fees, trial costs, procedure costs, expert fees, negotiation costs, advisory costs, and any other expenses incurred by NOVA and the Affiliates of NOVA for defense.
7.2 NOVA will promptly notify the concerned User (via a pop-up message on the App or any other method of NOVA’s choice) of any claims brought against NOVA or the Affiliates of NOVA by third parties. The concerned User (i) agrees to assist NOVA or the Affiliates of NOVA in any procedure, including legal, conducted by the allegedly aggrieved parties; (ii) undertakes to provide NOVA or the Affiliates of NOVA with all necessary information for the defense of NOVA or the Affiliates of NOVA, (iii) grants exclusive authority to NOVA or the Affiliates of NOVA to conduct this defense and/or appoint the representative of their choice for this purpose, and (iv) grants NOVA and the Affiliates of NOVA, and if necessary their representative, the exclusive authority to compromise (settle), after prior consultation with the concerned User.
8.1 The website and the Application, including their interfaces, codes, images, graphic or audio elements, are, unless otherwise indicated, the exclusive property of NOVA and should not be reproduced or otherwise used by Users except within the normal usage of the Platform.
8.2 NOVA authorizes Users to reproduce and distribute the contents of the Platform created by NOVA (e.g., editorial articles), if they expressly indicate the Platform as the source of the content in question.
8.3 The User guarantees that they have all necessary rights to post and make their content public on the Platform. To the extent that certain contents may be legally protected, particularly by copyright or other intellectual property rights, the User grants NOVA an unlimited right to reproduce and distribute these contents to the extent necessary for the operation of the Platform and authorizes other Users to make these contents public under the same conditions as provided in Article 8.2.
9.1 Inserts and Pictograms. To facilitating understanding, NOVA may provide information that includes all or part of the Contractual Documentation through inserts or a pictogram system. These inserts and/or pictograms are purely indicative: only the Contractual Documentation and the potential sales conditions of Service Providers are binding.
9.2 Interruption of the Site or the Application. NOVA reserves the right to cease operation of all or part of the Site, and/or the Application, the offering of certain Services, or parts thereof, at any time, permanently or temporarily, without notice. Under no circumstances can NOVA be held liable for any direct, indirect, special, punitive, or incidental damages.
9.3 Force Majeure. Neither the non-performance nor the late performance of its obligations by either party shall constitute a failure of the party in question to fulfill its contractual obligations, to the extent that the delay or non-performance results from a force majeure situation (e.g., natural disasters, war, riots, civil unrest, fire), or other circumstances beyond the reasonable control of the said party, such as technical problems that cannot be attributed to NOVA. Computer viruses and hacker attacks against computer systems are considered force majeure, provided reasonable security measures have been taken.
9.4 Assignment. The rights and/or obligations of the User resulting from the Contract cannot be transferred to another person. The User expressly authorizes NOVA to assign its rights and to subcontract its potential obligations resulting from the Contractual Documentation.
9.5 Partial Nullity. If a provision of the Contractual Documentation or a part thereof is or becomes invalid or unenforceable, then neither the validity nor the enforceability of the remaining provisions or the remaining part of the provision will be affected or compromised. The User agrees, if applicable, to replace the invalid or unenforceable provision or part with a valid or enforceable provision as close as possible to the original provision and which, to the extent possible, will achieve the same economic and legal result.
9.6 Entire Agreement. The Contractual Documentation, as described in Article 3.1, contains the entirety of the agreement that binds you to NOVA regarding the subject matter of these GTC and supersedes all agreements or understandings regarding the subject matter of these GTC that may have been concluded between you and NOVA before the entry into force of these GTC.
9.7 non-Waiver. No waiver by NOVA of requiring you to comply with any provision of the Contractual Documentation (Article 3.1) should be considered a waiver of enforcing or invoking any prior or subsequent breach of the Contract, whether the breach is of a similar or different nature.
9.8 Languages. The Contractual Documentation is written in French. Translations may exist. In case of discrepancies between versions, the French version prevails.
10.1 The Contract and all the Contractual Documentation are subject to Swiss law, excluding its rules on conflict of laws.
10.2 Any dispute arising out of or in connection with these general terms and conditions or any other document of the Contractual Documentation shall be subject to the exclusive jurisdiction of the courts of Bern, Switzerland.
11.1 The Contract becomes effective for a specific User upon the User’s acceptance of the GTC, with the understanding that any use of the Platform constitutes tacit acceptance. The Contract will remain in force as long as the User uses the Platform.
11.2 NOVA reserves the right to modify the GTC at any time. It will publish the modified version on the Platform and inform Users of the new GTC through a pop-up window or another method of its choice. In case of disagreement with the modifications, the User can terminate the Contract by ceasing all use of the Platform with immediate effect. If the User continues to use the Site or the App, the most recent version of the GTC will be deemed accepted by the User.