Term of Service

Novel Industries Inc. (dba Novel Industries )
 
The Terms of Use Agreement is made between you (including natural persons, legal persons or other organizations getting access to this product through various legal means, hereinafter referred to as “user” or “you”) and Novel Industries, Inc, Ltd. and its affiliates (hereinafter referred to as “NOVEL” or “us”) on NOVEL products, websites, applications and services (hereinafter referred to as “product”).
 
Before using this product, you shall read this Agreement and fully understand the content of the terms of this Agreement (minors under the age of 18 shall be accompanied by his or her legal guardians when reading), especially the exclusion or limitation of liability clauses. Your use of our products represents your consent to this Agreement. Exclusion or limitation of liability clauses may prompt your attention in bold. If you can’t agree to all the terms of this Agreement, please do not start your use of this product. (If you have purchased our hardware products but can’t fully agree to the terms of this Agreement, the return policy of relevant hardware products can be found at NOVELfireplaces.com)
 
Article 1 Registration and Use of Account
 
Users do not need to create an account in order to use this product. But if you want to use more extra functions of this product, you need to register a NOVEL account and provide certain personal information on the registration page. You can terminate the use of your account at any time by following the instructions in NOVEL’s software applications. NOVEL will retain or terminate your account in accordance with this Agreement. You shall promise and guarantee:
 
(1) All the registration information you submit must be real and accurate, and you shall not impersonate others or publish any information in the name of others;
(2) Your use of this product must be legitimate and yourself shall bear all the responsibility under your registered account independently;
(3) You must keep the log-in information of your account confidential and shall not be obtained by others. You must report any use behaviors which may conflict with the law, not be authorized or be suspected not to be authorized to us promptly. We are not liable for losses caused by your failure to comply with the above requirements.
 
Article 2 License
 
2.1 License
According to this Agreement, this product will grant you the following non-transferable and non-exclusive license:
 
(1) The right to use this product;
(2) The right to download, install, use this product on all your network communication devices, computers and mobile communication devices.
 
2.2 Restrictive Terms
 
Your license granted by this Agreement shall subject to the following restrictions:
 
(1) You shall not carry out license, sell, lease, transfer, distribution of the product in any form or any other behaviors for commercial purposes;
(2) Unless the law prohibits such restrictions, you shall not modify, translate, adapt, merge, use, disassemble, transform, decompile, reverse engineer any part of the product or its derivatives;
(3) You shall not use the product for the purpose of creating the same or competitive services;
(4) Unless the law expressly provides otherwise, you shall not produce, replicate, distribute, sell, download or display any part of the product in any form or method;
(5) You shall not remove or destroy any copyright statement or other indicia of ownership contained in the product.
 
2.3 NOVEL owns all the intellectual property rights related to this product, including trademarks, copyrights, patents, and other non-patent rights.
 
2.4 Cost
 
You must bear the relevant cost of product purchase, personal access to network, communication provided by third parties (including but not limited to telecommunication or mobile communication providers). We recommend that you confirm the relevant cost with your value-added service providers if value-added telecommunication services are involved.
 
2.5 Product Updates
 
(1) Any updated or future version, updates, other changes of this product shall be subject to this Agreement;
(2) In order to improve the user experience and our services, NOVEL will continue to develop new products and provide the updates of our services or applications; with such new release, the old version of the product may not be working. We do not guarantee the usability of old version products, please check and use our latest version products from time to time.
 
2.6 Network Testing and Fault Detection Services
 
In certain usage scenarios in your process of using this product, this product will ask for consent to detect your certain network access behaviors. This is designed to help you with the network testing and provide fault detection services while necessary. The detection will be conducted by the software program and will not involve any man-made monitor, just using the relevant software programs to match and guide you to open the appropriate content or pages of third parties. We promise to ensure the privacy of your use of this product.
 
Article 3 User Content
 
3.1 User Content
 
(1) User content refers to the content generated when the user is downloading, publishing or using the product in other methods (for example: your messages, pictures, music or other content).
(2) You are solely responsible for your user content. You will bear the risk of you or any third party being identified caused by the disclosure of your user content.
(3) You have agreed that your user content is subject to the restriction set forth in Article 4.
 
3.2 Feedback
 
(1) Putting forward your advice (or “feedback”) to NOVEL will be considered that you have transferred all the rights of such feedback to NOVEL and granted NOVEL the right to use such feedback and other related information in any reasonable way. We will regard such feedback information as non-confidential and non-proprietary;
(2) You have agreed that you will not provide NOVEL with any information deemed to be confidential or proprietary.
 
3.3 We will reserve our rights (not obligation) to check the content shared by users upon our judgment with or without notice. We are entitled to at any time delete or move shared content of users for any reasons. In accordance with Article 5, we are entitled to retain or terminate your account.
 
Article 4 Obligations of Legitimate Words and Deeds
 
4.1 You have agreed to use the product-related services via sharing or otherwise, during use, you shall bear all the risks and legal liability caused by the following actions:
 
(1) Undermine the basic principles of the Constitution;
(2) Jeopardize national security, leak state secrets, subverting state political power, undermine national unity;
(3) Harm national honor and interests;
(4) Incite ethnic hatred, ethnic discrimination, undermine ethnic unity;
(5) Violate the state religion policies, promote cult and feudal superstition;
(6) Spread rumors, disturb social order, undermine social stability;
(7) Spread obscenity, pornography, gambling, violence, homicide, terror or instigate crimes;
(8) Insult or slander others, infringe the legitimate rights of others;
(9) Actions containing other content prohibited by laws and regulations.
 
 
4.2 You have Agreed Not to Conduct Following Actions with this Product:
 
(1) publish or share computer viruses, worms, malicious code, and destroy or change computer systems or date software intentionally;
(2) Collect information or date of other users without authorization, such as e-mail address;
(3) Use the product in an automated way maliciously causing the server excessive burden, or interfere with or damage the server and network links otherwise;
(4) Attempt to access to the server date or communication data of this product without authorization;
(5) Interfere with or disrupt the product use of other users.
 
Article 5 Modification and Termination

5.1 Modification
 
(1) This Agreement allows modification. If there is any material change to this Agreement, we shall notify you via e-mails or announcements published on the official website of this product (novelfireplaces.com). After notification of such change, continued use of this product will be deemed that you have been aware of such changes and agreed to be bound by the new terms.
(2) NOVEL reserves the rights to modify, retain or terminate any services related to this product at any time without notice;
(3) You have agreed that NOVEL will not be liable to you or any third party for the modification, retention, or termination of any services related to this product.
 
5.2 Termination
 
(1) This Agreement shall enter into force from the date of your acceptance, remain in effect during your use, until it is terminated according to this Agreement.
(2) We may reserve your rights to use this product or website account in accordance with the law; we will be entitled to terminate this Agreement at any time with or without notice;
(3) Not subject to the provisions of the preceding paragraph, if the user has infringed the legitimate rights and interests of the third party and NOVEL has been notified by the third party of such infringement, NOVEL reserves its right to terminate this Agreement.
(4) Upon the termination of this Agreement, your right to use this product ceases. You shall be aware that aforementioned cease means the remove of your user content from our active database. NOVEL will not be liable for termination of this Agreement, including termination of your user account and deletion of your user content.
 
Article 6 Third Party
 
6.1 Technology or Services of Third Party
 
(1) This product may contain technology or services of a third party. The resolution of any dispute caused by the use of such technology or services of a third party shall be the responsibility of the third party. NOVEL will not bear any responsibility, neither will NOVEL provide customer support for the technology or services of a third party. If you need such support, please contact the corresponding third party;
(2) When users access the information and services of a third party, the terms and policies of the third party will apply.
 
6.2 Other Users
 
(1) This product contains content provided by other users. This product does not control and is not liable for the user content. This product is not responsible for the inspection, monitoring, examination and approval, promise and guarantee of the user content. You shall be liable for the risks caused by your use of user content and interaction with other users;
(2) Your interaction with other users is only the behavior between you and other users. This product does not bear any legal responsibility for such behavior.
 
Article 7 Damages
 
7.1 You have agreed to use this product harmlessly to protect NOVEL from third parties’ any complaints, claims, losses, damages, liabilities, costs and expenses (including attorney fees) caused by your use of the product, violation of the Agreement or related behaviors.
 
7.2 You have agreed, except with the written consent of NOVEL, you shall not be unilaterally reconciled with the third party against whom you and NOVEL jointly institute the legal proceeding.
 
7.3 Under any circumstances, this product shall not be liable for any indirect or punitive damages caused by this Agreement to you or any third party.
 
Article 8 Disclaimer
 
8.1 In the event of the following cases, this product does not bear any legal responsibilities:
 
(1) Provide your information in accordance with the requirements of law or relevant government departments;
(2) Disclosure of any personal information caused by your own improper use.
(3) Situations such as interruption or disruption of our services, in which NOVEL can’t meet user requirements, caused by hacker attacks, computer viruses, illegal content information, harassment information block, government regulation and any other management measures of network, technology, communication lines, and information security.
(4) Damages caused by communication lines malfunction, technical problems, network or computer failure, system instability of third parties such as operators or force majeure.
(5) Possible risks caused by information contained threatening, defamatory, offensive or illegal content from anonymous or pseudonymous persons in your use of this product;
(6) NOVEL is not liable for your deletion or storage failure of data related to this product and services.
(7) NOVEL is not liable for damage or loss of data caused by your improper operation in the software updates.
(8) NOVEL makes a clear statement that we do not explicitly or implicitly guarantee the timeliness, security, accuracy of this product or the services provided by our partner companies.
 
Article 9 Privacy Policy
 
You can use the services of NOVEL in a number of different ways, for example, log in the official website of NOVEL to purchase products and enjoy the products and services of NOVEL, etc. If you share your information with us (for example, by creating your NOVEL account), we could provide better services for you, such as displaying more relevant product updates and advertisements, helping you connect or share with others more easily and promptly, etc. For this purpose, we will explain the way we collect and use information to you, and in what way that you could protect your privacy.
 
Our Privacy Policy Includes the Following Aspects:
 
What information do we collect.
How do we collect and use information.
How do you selectively provide such information and how do you access and update such information.
The sharing and security of information, the scope and revision of Privacy Policy.
The Information We Collect
 
We collect two types of information: personal information (data that can be used to uniquely identify and contact a single person) and non-personal information (data that can’t be directly connected with any particular individual). If we combine the non-personal information with personal information, such information should be treated as personal information during the combination period.
 
How do We Collect and Use Information
 
Collection and Use of Personal Information
 
When you interact with NOVEL, you may be asked to provide certain personal information which is necessary for your consent to use our basic products and services. Such personal information may be combined with other information to improve our products or services, etc.
 
The following are the types of personal information NOVEL may collect and some examples of how we use such information.
 
Collection of Personal Information
 
When you create your NOVEL account, download and update NOVEL software, register at NOVEL website, participate in online surveys or any other interactions with NOVEL, we will ask you to provide personal information, including but not limited to your name, phone number, e-mail address, mailing address, etc.
When you purchase NOVEL products and services, we will collect relevant personal information, including but not limited to delivery details, bank account number, credit card details, billing address, credit check and other financial information, contact and communication records, etc.
When you use NOVEL products, share or send information to your family and friends, or invite others in the NOVEL forum, we will collect personal information related to aforementioned persons that you provide, such as name, mailing address, e-mail address and phone number, etc.
When you first use and activate the mobile device of NOVEL, your mobile identification information, unique identification code of the mobile device, and location information will be sent to NOVEL. The above collected information may be used to your system or software update and factory reset, etc.
 
Use of Personal Information
 
NOVEL will strictly abide by the content of this Privacy Policy and its updates while using your personal information. You personal information will only be used for the purpose that specified and agreed by you when collecting. If it needs to be used for other purpose, we will ask for your consent in advance.
 
Personal information we collect will be used to provide you with NOVEL products and services, process your order or perform the contract between you and NOVEL, in order to ensure the function and security of our products and services, verify your identity, prevent and settle fraud or other misuses.
Personal information we collect will be used to develop our products and services, although under common circumstances, we only use general and statistical information for such purpose.
Personal information we collect will be used to communicate with you, for example, to notify you promptly when NOVEL products or services publish or update.
Personal information we collect will be used to personalize the design of our products and provide more personal services for you, for example, to recommend or display content and advertisements specialized for you or for research in our services.
Your mobile identification information, unique identification code of the mobile device, and location information could be used to activate your warranty services and certain software licenses, and probably invite you to participate in surveys. We may also use such information to improve our products and analyze the efficiency of our business operations. However, we will not use such information to track your location.
Collection and Use of Non-personal Information
 
At the same time, in order to operate and improve the technology and services of NOVEL, NOVEL will collect and use your non-personal information spontaneously, which will help NOVEL provide better user experience for you and improve the quality of services offered by NOVEL.
 
The following are the types of non-personal information NOVEL may collect and some examples of how we use such information.
 
Collection of Non-personal Information
 
When you create your NOVEL account, download and update NOVEL software, participate in online surveys or any other interactions with NOVEL, we will collect information such as your occupation, language, postcode, area code and time zone when using NOVEL products, etc.
Using habits and information for discovering issues--we will anonymously record your using data of various functions of this product thus to collect your using habits of NOVEL official websites, products, services. Besides, when the system exits abnormally and crashes, we will collect the current environment information of your phone to diagnose the problems.
Information recorded by server side--we will collect information recorded by the application and server side, such as upload, download, synchronization, browsing and other data related to user behavior.
Location information--when you use various location-based applications or services provided by NOVEL, we need to collect your location information. For example, when you use location-based search, advertising, weather or map information, your location information may be sent to NOVEL for providing you with right content.
Information collected by cookies and other technologies-- NOVEL website, online services, interactive applications, email messages and advertisements may use cookies and other technologies such as pixel tags and web beacons to collect and store your non-personal information.
Log information--when you access the servers of NOVEL, our server will record certain log information automatically. Such log information of server may include the following information: IP address, browser type, browser language, referring page, operating system, date/time stamp, and clickstream data.
 
Use of Non-personal Information
 
Non-personal information we collect such as occupation, language, postcode, area code and time zone when using this product, can help us better understand user behaviors and improve our products, services and advertisements.
We can analyze the statistical data obtained in “User Experience Improvement Program” of NOVEL to continually enhance the operating experience and performance, fix problems, and improve function designs of products and services, etc.
Sharing Information with Third Parties
 
Except for the limited sharing stated in this Privacy Policy, we will strictly keep your information confidential and will not share it with third parties.
 
You hereby authorize that, under the following circumstances, we are entitled to share your information to third parties without your consent.
 
We share your information with third parties in accordance with legal investigation, litigation, enforcement or any other legal mandatory requirements.
We share your information with our affiliates or other trusted third parties (companies or individuals) to represent/assist us in processing personal information. We will require the above parties to process such personal information in accordance with our requirements, this Privacy Policy, and any other applicable confidentiality and security measures.
If we have a reorganization, merger or sale, we will continue to keep all the information we collect confidential in accordance with the existing Privacy Policy before the transfer of such information.
We may share the aggregated non-personal information with the public and our partners based on the needs of operation or user protection.
 
How do Users Selectively Provide Information
 
The emphasis of users attention about privacy is individually different. Based on this, we clearly point out the way we collect information, so that you can choose to limit the collection, use, disclosure, or process of your personal information. The following are some examples:
 
Sign in or out the account of NOVEL;
Open or close the User Experience Improvement Program of  NOVEL;
Open or close the Cloud Sync Service function of NOVEL;
Change or disable positioning method or location server, or modify the accuracy of your location information;
Open or close other services and functions designated to process sensitive or personal information.
Accessing and Updating Personal Information
 
By clicking novelfireplaces.com/login to log in your account, you can access and update your personal information, and you may also delete some of your personal information or ask us to delete your account, unless we have to retain such information for legal reasons.
 
Whenever you use our services, we will strive to give you access to your personal information. If the information is wrong, we will strive to let you quickly update or delete the information by various ways (unless we have to retain such information for legal reasons). When updating your personal information, we may ask you to verify your identity before processing your request.
 
For those requests which are unreasonably repetitive, require disproportionate technical input, may infringe privacy of others, or are impractical, we reserve our right of rejection.
 
As long as we are able to make you access or modify the information and no disproportionate inputs are needed, we will provide such services for free. We strive to improve the maintenance of our services to protect the information from accidental or malicious destruction. Therefore, when you delete your information from our services, we may not immediately remove the residual copies of such information from our server, neither may we remove such information from our backup system.
 
Information Security
 
The security of your information is very important for us. We strive to provide protection for NOVEL users to avoid unauthorized access, alteration, disclosure or destruction of the information we hold. To this end, we have specially taken the following measures:
 
We use SSL to encrypt variety of services.
Certain specific content of the encrypted data can only be accessed by the user self, other people have no access.
We will review the information collection/ storage and processing (including physical security measures), and implement protection measures such as full storage and transmission security encryption, in order to avoid unauthorized access to various systems.
We only allow NOVEL employees who need to be aware of such information to assist in processing information or people of authorized third parties to access your information, and they need to strictly fulfill their contractual confidentiality obligations. Failing that, they may be held liable according to law or their relationship with NOVEL may be terminated.
Scope of Privacy Policy
 
Our Privacy Policy does not apply to the products or/and services of third parties. The products and services of NOVEL may contain third parties’ products and services, and when you use the products and services of third parties, they may obtain your information. Therefore, we hereby remind you to read the privacy policies of the third parties. Meanwhile, this Privacy Policy does not apply to the data collection behavior of external site after you have clicked its link.
 
Collection and Use of Minors Information
 
We recommend that minors use NOVEL products and services under legal guardian’s permission and guidance.
 
NOVEL will not collect the personal information when it knows the user is a minor, neither will NOVEL disclose such personal information to any third party. The guardian has the right to refuse NOVEL to further collect the minor’s personal information. If we find that we have collected personal information of minors, we will take steps to remove such information as soon as possible.
 
Revision of Privacy Policy
 
This Privacy Policy allows revision. Without your express consent, we will not weaken your rights granted by this Privacy Policy, unless we have sent you the relevant notice via the e-mail address you provided or published the announcement on the website.
 
Practice of Certain Products and Services
 
The following remarks some of the specific privacy practice of certain NOVEL products and services you may use.
 
NOVEL Cloud Sync Service
 
When you use the cloud sync products, services and websites (collectively referred to as “NOVEL Cloud Sync Service”), the provisions of this Privacy Policy shall apply.
 
NOVEL is the provider of NOVEL Cloud Sync Service. Through NOVEL Cloud Sync Service, you can use certain Internet services, including have your device information (the number of devices, device status, device usage data, personal settings, etc) stored and accessed on your compatible devices and computers. When you use NOVEL Cloud Sync Service, your location information will also be uploaded. Once you enable NOVEL Cloud Sync Service, your personal information will be automatically sent to and stored by NOVEL, after which you can access such information or wirelessly push it to your other devices or computers which have enabled the NOVEL Cloud Sync Service.
 
Article 10 Notification
 
(1)The user must provide NOVEL with a valid e-mail address that has been recently frequently used. If the e-mail address you provided is not available or for any reason can’t receive our notice, we will not be liable for risks caused by such.
(2)The notice published at the website, application, or in other ways by NOVEL, and e-mails which contains such notice and are sent to you, constitute effective notice without any doubt.

Article 11 Applicable Law
 
(1) This Agreement is governed by the law of Canada.
(2) If any dispute arises, parties shall settle the dispute through amicable consultations. In case no resolution can be reached through consultations, the dispute shall be submitted to the court where NOVEL is located.
 
Novel Industries, Inc, Ltd.