Effective Date: February 27, 2026
Last Updated: February 27, 2026

1. Introduction and Acceptance

This Terms of Service agreement ("Terms," "Agreement") is a binding legal contract between you ("User," "you," or "your") and Nova Element Corp d/b/a The NOVA(Verse) and/or NOVA and/or Flourish by NOVA ("Company," "we," "us," or "our") governing your use of our mobile application ("App") and related services ("Services").

By downloading this app, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. You may not create an account or use the App without accepting these Terms. We record your acceptance, including the date, time, and version of the Terms you accepted.

These Terms apply to all users of the App, including browsers, registered users, content contributors, and community participants. The App is available only within the United States.

2. User Accounts and Registration

2.1 Account Creation

To access certain features of the App, including the community wall, quizzes, assessments, newsletter signup, and personalized content, you may be asked to create an account. You agree to provide accurate, current, and complete information during registration and to update this information as needed.

2.2 Account Security

If you have created an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at info@thenovaelement.com of any unauthorized access or security breaches. The Company is not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

2.3 Eligibility

You must be at least eighteen (18) years old to create an account and use the App. The App is not directed to children under the age of 13, and no one under 13 may create an account or provide personal information through the App. Users between 13 and 17 may use the App only with verifiable parental or legal guardian consent. By creating an account, you represent and warrant that you meet these age requirements and have the legal capacity to enter into these Terms.

3. App Services and Features

3.1 Community Features

The App provides community interaction features, including a community wall, discussion groups, messaging capabilities, and user-generated content sharing. These features are designed to foster connection and knowledge sharing among users, which can a faith-based environment.

3.2 Free Content and Features

The App and all of its features are available at no cost. Certain features — including the community wall, quizzes, wellness assessments, and newsletter signup — require account registration. The App does not currently offer subscriptions, premium tiers, or in-app purchases. If paid features are introduced in the future, these Terms will be updated before such features become available.

3.3 External Links and Affiliated Sites

The App contains links to websites operated by the Company and its affiliates, including:

• flourishbynova.com — the Flourish by NOVA e-commerce store, where you may browse and purchase dietary supplements and wellness products

• thenovaelement.com — the NOVA membership and content site

When you follow these links, you leave the App and your interactions become subject to the terms of service and privacy policy of the destination website. Purchases made on flourishbynova.com are governed by the Flourish by NOVA Terms and Conditions and Shipping & Returns Policy and are not covered by these App Terms of Service. The Company is not responsible for any transaction, dispute, or issue arising from your use of those external sites.

The App may also contain links to third-party websites not operated by the Company. We are not responsible for the content, terms, or privacy practices of any external website.

3.4 Third-Party Service Integrations

Certain App features are powered by third-party services:

• Quizzes and assessments are embedded from Typeform (TYPEFORM SL). By completing a quiz or assessment, you agree that your responses and associated technical data (network identifier, browser type, device type) are processed by Typeform on our behalf under a Data Processing Agreement.

• Newsletter signup is managed through Klaviyo (Klaviyo, Inc.). By subscribing to the newsletter, you agree that your name, email address, and engagement data are processed by Klaviyo on our behalf. Newsletter content may include communications from both NOVA and Flourish by NOVA.

• Giveaways and sweepstakes may be administered through ViralSweep (AppHubLLC). Each promotion will be governed by its own Official Rules, which will be made available at the time of the promotion.

Each third-party service operates under its own terms of service and privacy policy. Our use of your data in connection with these services is described in our Privacy Policy.

3.5 Giveaways, Sweepstakes, and Promotions

From time to time, the Company may offer giveaways, sweepstakes, contests, or other promotional campaigns through the App or linked platforms. Each promotion will be governed by separate Official Rules that will be posted or linked at the time the promotion is announced. Participation in any promotion is voluntary and subject to the applicable Official Rules and all applicable laws. In the event of any conflict between these Terms and the Official Rules of a specific promotion, the Official Rules will control with respect to that promotion.

4. User-Generated Content

4.1 Content Ownership and License

You retain ownership of content you create and submit through the App ("User Content"), including posts, comments, images, prayer requests, and testimonies. By submitting User Content, you grant the Company a non-exclusive, royalty-free license to use, reproduce, modify, distribute, and display your content solely in connection with operating and maintaining the App and its community features. This license continues for the duration of your account and terminates within thirty (30) days of account deletion, except as necessary for legal compliance or community safety.

4.2 Community Content Visibility

When you post content on the community wall — including text, images, comments, and prayer requests — that content is visible to other registered users of the App. You should not share information in community features that you wish to keep private. Your profile name and profile image are visible to all registered users.

4.3 Prohibited Content

You agree not to post, upload, or share content that:

• Violates any applicable laws or regulations

• Infringes on intellectual property rights of any third party

• Contains harassment, threats, or hate speech

• Includes explicit, sexually inappropriate, or offensive material

• Promotes illegal activities or harmful behavior

• Contains spam, malware, phishing, or deceptive content

• Impersonates another person or misrepresents your identity

• Includes personal or private information of another person without their consent

4.4 Content Moderation

We reserve the right to monitor, review, modify, or remove User Content that violates these Terms, our Community Guidelines, or applicable law. We may use both automated systems and human moderators to enforce our content policies. The Company is not obligated to pre-screen User Content but may do so in its sole discretion.

4.5 Reporting Violations

Users can and are encouraged to report inappropriate content through the App's reporting features. We will investigate reports and take appropriate action, which may include removing content, issuing warnings, suspending accounts, or permanently terminating accounts.

4.6 Platform Status and Section 230 Notice

The Company operates the App's community features as an interactive computer service under 47 U.S.C. § 230. User Content is created and published by users, not by the Company. The Company is not the publisher or speaker of any User Content. The Company's decision to moderate, remove, or leave in place any User Content does not make the Company the publisher or speaker of that content. You acknowledge that the Company is not liable for User Content posted by other users, and that your sole remedy for objectionable User Content is to report it through the App's reporting features and/or block the offending user.

5. Community Guidelines and Conduct

5.1 Acceptable Use

You agree to use the App in a respectful manner that contributes positively to our community. This includes:

• Treating other users with respect, courtesy, and love

• Contributing meaningful and relevant content

• Following discussion topic guidelines

• Respecting others' privacy and personal information

• Complying with all applicable laws in connection with your use of the App

5.2 Prohibited Activities

You may not:

• Harass, bully, intimidate, or defame other users

• Impersonate others or create fake or duplicate accounts

• Collect, scrape, or harvest user information or personal data

• Interfere with App functionality, security, or infrastructure

• Use the App for commercial purposes, advertising, or solicitation without the Company's prior written permission

• Attempt to reverse engineer, decompile, disassemble, or hack the App or its underlying code

• Infringe upon any content, trademarks, or intellectual property owned by Nova Element Corp d/b/a The NOVA(Verse) and/or Flourish by NOVA

• Use automated bots, scripts, or tools to access or interact with the App

• Circumvent or attempt to circumvent any security, access control, or rate-limiting feature

5.3 Zero-Tolerance Anti-Bullying Policy

We maintain a zero-tolerance policy for bullying, harassment, and abuse of any kind. This includes but is not limited to:

• Coordinated harassment: Multiple users targeting an individual

• Persistent targeting: Repeated unwanted contact or harassment

• Intimidation and threats: Content designed to cause fear or emotional distress

• Exclusionary behavior: Deliberate attempts to isolate or ostracize users

• Cyberbullying: Any behavior that would constitute bullying in offline settings

• Online stalking: Persistent, unwanted monitoring, following, or tracking of another user's activity — including repeatedly viewing their profile, following their participation across multiple groups or discussions, attempting to gather personal information, or any pattern of behavior that would cause a reasonable person to feel fear or substantial emotional distress

5.4 Reporting and Response

• Users can and are encouraged to report bullying through in-app reporting tools and by contacting: info@thenovaelement.com

• All messages and interactions may be recorded and retained for investigation purposes

• We may use both automated detection and human review for enforcement

• Violations may result in warnings, temporary suspension, or permanent account termination

• We may cooperate with law enforcement when legally required or when necessary to prevent imminent harm

5.5 Protective Measures

• Report to info@thenovaelement.com

• We may implement additional safety features as the App continues to be developed

6. Intellectual Property Rights

6.1 Company Content

All content provided by Nova Element Corp d/b/a The NOVA(Verse), including text, graphics, logos, images, audio, video, software, and other materials ("Company Content"), is the property of the Company or licensed to the Company and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any Company Content without the Company's prior written permission.

6.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the App for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to sublicense, sell, resell, or commercially exploit the App or any Company Content. The Company may revoke this license at any time for any reason.

6.3 Copyright Infringement and DMCA Procedure

The Company respects intellectual property rights and complies with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. If you believe that content posted on the App infringes your copyright, you may submit a DMCA takedown notice to our Designated Agent containing the following:

(a) A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf;
(b) Identification of the copyrighted work claimed to be infringed;
(c) Identification of the infringing material and its location within the App, with sufficient detail to allow us to locate it;
(d) Your contact information (name, address, telephone number, and email address);
(e) A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
(f) A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Designated Agent for DMCA Notices:
Nova Element Corp
Attn: DMCA Agent
2870 Peachtree Rd. #886, Atlanta, GA 30305
Email: info@thenovaelement.com

Counter-Notice. If you believe your content was removed by mistake or misidentification, you may submit a written counter-notice to the Designated Agent containing: (a) your physical or electronic signature; (b) identification of the removed content and its prior location within the App; (c) a statement under penalty of perjury that you believe the content was removed by mistake or misidentification; (d) your name, address, and telephone number; and (e) a statement that you consent to the jurisdiction of the federal court in the Northern District of Georgia and that you will accept service of process from the party who submitted the original takedown notice.

Repeat Infringers. The Company will terminate the accounts of users who are determined to be repeat infringers of copyright.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the App, you consent to our data practices as described in the Privacy Policy.

The Privacy Policy describes, among other things: the categories of personal information we collect; how we use, share, and protect your information; your privacy rights under applicable law (including the CCPA/CPRA); how we handle sensitive personal information (including religious beliefs shared through community features); and the third-party services that process data on our behalf (including Typeform, Klaviyo, and ViralSweep).

8. Disclaimers and Limitations of Liability

8.1 "As Is" Disclaimer

THE APP AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8.2 Content Disclaimer

Information provided through the App is for general informational, educational, and inspirational purposes only and should not be considered professional advice of any kind. Users should consult with appropriate licensed professionals before making decisions based on the App's content.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVA ELEMENT CORP D/B/A THE NOVA(VERSE) AND ALL OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP, INCLUDING BUT NOT LIMITED TO LOST PROFITS, INJURY OF ANY KIND, DATA LOSS, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE TOTAL AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

UNDER NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO RECOVER PUNITIVE DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES, MULTIPLIED DAMAGES, LOST PROFITS, OR ATTORNEYS' FEES IN CONNECTION WITH ANY CLAIM AGAINST THE COMPANY ARISING FROM THESE TERMS OR THE APP.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO THE ABOVE MAY NOT FULLY APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

8.4 Third-Party Interactions

We are not responsible for interactions between users that occur outside the App or for content and services provided by third parties, including through external links, Typeformquizzes, Klaviyo newsletters, or ViralSweep promotions. Your use of third-party services is at your own risk and subject to those services' own terms and policies.

8.5 Medical and Health Information Disclaimer — Not Medical Advice

IMPORTANT: The information, content, and services provided through this App are for informational, educational, and wellness purposes only and are not intended as a substitute for professional medical advice, diagnosis, or treatment. The Company and its representatives are not licensed medical professionals, and nothing in this App should be construed as medical advice.

The Food and Drug Administration has not evaluated any statements within this App or its content. None of our products are intended to diagnose, treat, cure, or prevent any disease.

8.6 No Doctor-Patient Relationship

Use of this App does not create a doctor-patient relationship between you and Nova Element Corp d/b/a The NOVA(Verse) and/or NOVA and/or Flourish by NOVA, or any of its representatives. The wellness information, community discussions, and content provided are general in nature and may not apply to your individual health circumstances.

8.7 Consult Healthcare Professionals

Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or before starting any new wellness regimen, supplement program, or making changes to your current health routine. Never disregard professional medical advice or delay in seeking it because of something you have read or learned through this App.

8.8 FDA Disclaimer for Supplement-Related Content

Any statements made regarding dietary supplements or wellness products — including any content related to Flourish by NOVA products or other Nova Element Corp supplements — have not been evaluated by the Food and Drug Administration. Products referenced in this App are not intended to diagnose, treat, cure, or prevent any disease.

8.9 Health and Wellness Content Limitations

• Information provided through community features, quizzes, and content is for general wellness education and entertainment only

• Individual results may vary and are not guaranteed

• Health-related discussions in community groups represent personal experiences and opinions, not medical advice

• You assume full responsibility for how you choose to use any information provided through the App

8.10 Emergency Situations

If you are experiencing a medical emergency, immediately call 911 or your local emergency services or go to the nearest emergency room. Do not rely on this App for emergency medical situations.

8.11 No Liability for In-Person Meetings or Offline Interactions

The Company is not responsible for any in-person meetings, gatherings, or offline interactions that may result from introductions, connections, or communications made through this App. This includes but is not limited to:

• Safety, security, or criminal activity at in-person meetings

• Financial harm or theft resulting from offline transactions or exchanges

• Physical injury, emotional distress, or property damage during meetups

• Verification of the identity, background, or intentions of other users you may meet

• Arrangements, agreements, or contracts made outside the App

You meet other users at your own risk and are solely responsible for your personal safety. We strongly recommend:

• Meeting in public places for initial meetings

• Informing trusted contacts of your plans and location

• Trusting your instincts about any concerning behavior

• Conducting your own verification and background research on individuals

By using this App, you acknowledge that we do not screen users beyond basic account verification and cannot guarantee the accuracy of user-provided information or the safety of offline interactions.

8.12 Online Community Interactions

The Company provides the community wall and group features as a venue for user interaction but does not pre-screen all User Content and is not a party to communications between users. You acknowledge that you may encounter content from other users that you find offensive, objectionable, or inaccurate. The Company is not liable for any User Content or for any loss, harm, or damage arising from your interactions with other users within the App. You use the community features at your own risk. If you have a dispute with another user, you agree to release the Company from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

California Residents — Waiver of Civil Code § 1542. If you are a California resident, you hereby waive California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You understand that this means you are releasing claims you may not yet know about, and you accept that risk as part of using the App's community features. This waiver is knowing, voluntary, and made with full understanding of its consequences.

9. Account Termination and Suspension

9.1 Account Deletion by You

You may delete your account at any time through the account settings within the App. Upon submitting an account deletion request, the Company will delete or de-identify your personal information within thirty (30) days, as described in our Privacy Policy.

Uninstalling the App from your device does not delete your account or your data.You must submit a deletion request through the App or by contacting us at info@thenovaelement.com. You may also request account and data deletion via the web at:

https://thenovaelement.com/pages/contact-us

This web-based deletion option is provided in accordance with Google Play Store requirements.

9.2 Termination by Us

We may suspend or terminate your account at our sole discretion if:

• You violate these Terms, our Community Guidelines, or applicable law

• You engage in prohibited conduct as described in §§ 4.3 or 5.2

• Your account is used for fraudulent, abusive, or illegal purposes

• We determine termination is necessary to protect the safety or security of other users

• We discontinue the App or any material portion of the Services

We will make reasonable efforts to notify you of termination via the email address associated with your account, except where immediate termination is necessary for safety or legal reasons. Upon termination, your right to use the App ceases immediately.

9.3 Effects of Termination

Following account termination — whether by you or by us — we will delete or de-identify your personal information within thirty (30) days, subject to the data retention periods described in our Privacy Policy. Some information may be retained for legal compliance, dispute resolution, or community safety purposes as permitted by applicable law.

10. App Store Provisions

10.1 Third-Party App Stores

If you download the App from a third-party app store (such as the Apple App Store or Google Play Store), you acknowledge and agree that:

• These Terms are between you and Nova Element Corp d/b/a The NOVA(Verse), not the app store provider

• The app store provider has no obligation to furnish any maintenance or support services with respect to the App

• In the event of any failure of the App to conform to any applicable warranty, you may notify the app store provider, and the app store provider may refund the purchase price (if any) for the App; to the maximum extent permitted by applicable law, the app store provider has no other warranty obligation with respect to the App

• The app store provider is not responsible for addressing any claims by you or any third party relating to the App

• The app store provider is a third-party beneficiary of these Terms and may enforce them against you

10.2 Future Features

The App does not currently offer in-app purchases, subscriptions, or premium tiers. If such features are introduced in the future, these Terms will be updated and you will be required to accept the updated Terms before accessing paid features.

11. Faith-Based Content and Religious Expression

11.1 Religious Nature of App

This App is developed and operated from a Christian faith perspective. Our content, community discussions, and overall approach reflect Biblical principles and a Christian worldview. By using this App, you acknowledge and accept its faith-based nature. We welcome users of all faiths, beliefs, and non-beliefs.

11.2 Religious Freedom Protection

We respect the constitutional right to religious freedom and expression. This App is designed specifically for those seeking faith-based community and content. We reserve the right to moderate content that conflicts with our stated Christian mission and values, consistent with our rights under the First Amendment to the United States Constitution.

11.3 Inclusive Community Standards

While our App operates from a Christian perspective:

• We welcome users seeking to learn about or explore faith

• We prohibit harassment or discrimination based on where someone is in their faith journey

• Respectful dialogue and questions about faith are encouraged

• We do not tolerate hate speech targeting individuals based on their background, while maintaining our right to uphold Christ-based teachings

11.4 Content Standards for Faith-Based Discussions

• Religious discussions should reflect Christ-like love and respect

• Users may share personal testimonies and faith experiences

• We may remove content that promotes teachings contrary to Christ-following principles

• Proselytizing by other faiths is not permitted, as this is specifically a Christian community platform

11.5 Protection Against Discrimination Claims

This App operates as a faith-based platform with a specific religious mission. Our content curation, community standards, and operational decisions are expressions of our religious beliefs protected under the First Amendment to the United States Constitution. We do not discriminate based on protected characteristics, but we maintain our right to operate in accordance with our sincere religious convictions and to require that content shared within our community be consistent with our stated Christian mission.

12. Accessibility

We are committed to making our App accessible to users with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, to the extent practicable for mobile applications. If you encounter accessibility barriers while using our App, please contact us at info@thenovaelement.com so we can work to address the issue.

13. Export Control and Sanctions

The App is available only within the United States. You represent that you are not located in, and are not a national or resident of, any country subject to U.S. trade sanctions, and that you are not on any U.S. government prohibited-parties list (including OFAC's Specially Designated Nationals List). You agree not to access or use the App in violation of any applicable export control laws or regulations.

14. Updates and Modifications

14.1 App Updates

We may periodically update the App to improve functionality, fix bugs, add new features, or address security issues. You may need to download updates to continue using the App effectively. Certain updates may be required for continued access to the Services.

14.2 Terms Changes

We may modify these Terms at any time. For material changes, we will provide at least thirty (30) days' advance notice through the App, by email to the address associated with your account, or by other conspicuous means before the changes take effect. For material changes, we may require you to re-accept the updated Terms through a click-through prompt before continuing to use the App. If you do not agree to the modified Terms, you must stop using the App and delete your account. Your continued use of the App after the effective date of non-material changes constitutes acceptance of the modified Terms.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the State of Georgia, United States, without regard to conflict-of-law principles.

15.2 Informal Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal Resolution First. Before initiating any formal proceeding, you agree to contact us at info@thenovaelement.com and provide a written description of the dispute, all relevant documents and information, and the specific relief sought. The parties shall attempt in good faith to resolve the dispute informally within sixty (60) days of receipt of the written notice.

Any dispute, claim, or controversy arising out of or relating to these Terms, the App, or the Services ("Dispute") shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, rather than in court. The arbitration shall take place in Atlanta, Georgia, or, at your election, may be conducted by telephone, video conference, or based on written submissions. The arbitrator shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this agreement is void or voidable.

This arbitration provision applies to all Disputes, whether arising before, on, or after the date you first accepted these Terms, including Disputes based on conduct, acts, or omissions that occurred prior to your acceptance. By accepting these Terms, you agree to arbitrate all such past, present, and future Disputes on an individual basis.

15.3 Class Action and Jury Trial Waiver

YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL. YOU AND THE COMPANY EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. Unless both you and the Company agree otherwise in writing, the arbitrator may not consolidate or join more than one person's or party's claims and may not preside over any form of consolidated, representative, or class proceeding.

You further covenant and agree not to serve as a plaintiff, class representative, or class member in any purported class action, collective action, private attorney general action, or representative proceeding against the Company arising out of or relating to these Terms or the App. This covenant constitutes an independent contractual agreement between you and the Company and is severable from the arbitration provision in § 15.2. This covenant shall remain enforceable even if any portion of § 15.2 is found to be invalid or unenforceable.

15.4 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court in Fulton County, Georgia (or the county in which you reside), provided the claim falls within that court's jurisdictional limits and remains on an individual (non-class, non-representative) basis.

15.5 Arbitration Fees

If you initiate arbitration, you will be responsible for paying the AAA's consumer filing fee (currently $225 for claims under $75,000). If the arbitrator determines that your claim is frivolous or brought for an improper purpose, the arbitrator may reallocate fees as permitted by the AAA Consumer Arbitration Rules and applicable law.

15.6 Thirty-Day Opt-Out Right

You may opt out of this arbitration provision by sending written notice to info@thenovaelement.com within thirty (30) days of first accepting these Terms. Youropt-out notice must include your full name, email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, Disputes will be resolved exclusively in the state or federal courts located in Fulton County, Georgia, and you consent to personal jurisdiction in those courts.

15.7 Limitations Period.

Any Dispute arising out of or relating to these Terms, the App, or the Services must be commenced within one (1) year after the date the cause of action first arises. Any Dispute commenced after this one-year period is permanently barred. This limitations period applies regardless of whether the Dispute is resolved through arbitration under § 15.2, small claims court under § 15.4, or (if arbitration is validly opted out of under § 15.6) litigation. This provision does not apply to claims that, by applicable law, cannot be subject to a contractual limitations period.

16. Indemnification

You agree to indemnify, defend, and hold harmless Nova Element Corp d/b/a The NOVA(Verse), its officers, directors, employees, affiliates, agents, and representatives from and against any and all claims, demands, lawsuits, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the App

• Your violation of these Terms, Community Guidelines, or applicable laws

• Your User Content or any content you submit through the App

• Your interactions with other users, whether online or offline

• Any breach of your representations and warranties in these Terms

• Your participation in any giveaway, sweepstakes, or promotion offered through the App

This indemnification obligation will survive termination of these Terms and your use of the App.

17. General Provisions

17.1 Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

17.2 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Official Rules for promotions, constitute the entire agreement between you and Nova Element Corp regarding the App and Services and supersede all prior or contemporaneous agreements, representations, and understandings.

17.3 Assignment

You may not assign or transfer your rights or obligations under these Terms without the Company's prior written consent. The Company may assign its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

17.4 Electronic Communications

By using the App and creating an account, you consent to receive electronic communications from the Company, including notices, agreements, disclosures, and other communications that we provide electronically via the App, email, or push notification. You agree that all such electronic communications satisfy any legal requirement that such communications be in writing.

17.5 Waiver

The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the Company.

17.6 Survival

The following sections shall survive any termination or expiration of these Terms: § 4.1 (Content Ownership and License — to the extent of licenses granted), § 6 (Intellectual Property Rights), § 8 (Disclaimers and Limitations of Liability), § 15 (Governing Law and Dispute Resolution), § 16 (Indemnification), § 17 (General Provisions), and § 18 (Force Majeure).

17.7 No Assignment of Claims.

You may not assign, delegate, sell, or transfer any claim, right of action, cause of action, or right to receive damages that you may have against the Company under these Terms to any third party — including any litigation funding entity, claims aggregator, or attorney — without the Company's prior written consent. Any purported assignment in violation of this provision is void and of no force or effect.

18. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, pandemics, epidemics, internet or telecommunications failures, power outages, cyberattacks, or other force majeure events.

In such cases, the affected party will notify the other party promptly and use reasonable efforts to mitigate the impact. If the force majeure event continues for more than sixty (60) days, either party may terminate these Terms upon written notice to the other party.

19. Contact Information

For questions about these Terms of Service, please contact us at:

Email: info@thenovaelement.com
Address: Nova Element Corp, 2870 Peachtree Rd. #886, Atlanta, GA 30305
Phone: 678-561-0496

These Terms of Service were last reviewed and updated on February 27, 2026.