TotilPay End User License Agreement, Terms of Use, Privacy Policy

Novo Dia Group, Inc.

Mobile Application End User License Agreement, Terms of Use, and Privacy Policy

THE APPLICATION (AS DEFINED BELOW) YOU ARE DOWNLOADING OR HAVE DOWNLOADED HAS BEEN PROVIDED BY NOVO DIA GROUP, INC. OR ITS AFFILIATES OR LICENSORS (COLLECTIVELY, “WE”). BY INSTALLING OR USING ALL OR ANY PORTION OF THE APPLICATION, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“AGREEMENT”). UPON ACCEPTANCE, THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY ENTITY THAT OBTAINED THE APPLICATION AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE APPLICATION. ACCORDINGLY, YOU AND NOVO DIA GROUP, INC. AGREE TO THE FOLLOWING:

The “Application” consists of: (a) the TotilPay mobile application, including all content, information, data, designs, code, and materials associated with the application and all derivative works of the foregoing (“Content”); and (b) any files that are delivered to you by Novo Dia Group, Inc. (via online transmission, through a third party distributor, or otherwise) to patch, update, or otherwise modify the TotilPay mobile application. The Application is the copyrighted work of Novo Dia Group, Inc. and may contain trademarks, service marks, trade names, and other intellectual property of Novo Dia Group, Inc.

If you are accessing the Application via a distribution channel (“Distribution Channel”), such as the Apple App Store or the Android Marketplace, you and Novo Dia Group, Inc. acknowledge that this Agreement is entered into between you and Novo Dia Group, Inc., that the Distribution Channel is not a party to this Agreement, that Novo Dia Group, Inc. and its licensors are solely responsible for the Application and the Content, and that the Distribution Channel will not provide you any support and maintenance for the Application.

The Application is also subject to Novo Dia Group, Inc.’s Terms of Use, and Novo Dia Group, Inc.’s Privacy Policy for both the TotilPay Application and for the web portal located at www.mobileebt.com, which are incorporated into this Agreement by this reference. There may also be additional terms that Novo Dia Group, Inc. presents to you in connection with the Application, for example, at the time of download, that also govern your use of the Application or the Content (“Additional Terms”). If there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly provide otherwise.

THE APPLICATION MAY USE LOCATION-BASED SERVICES TO LOCATE YOU. IF YOU CHOOSE TO USE THE APPLICATION, YOU CONSENT TO NOVO DIA GROUP, INC. AND ITS THIRD PARTY PROVIDERS DETERMINING YOUR LOCATION. THE LOCATION-BASED SERVICES FEATURES ARE FOR INDIVIDUAL USE ONLY AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER SITUATION IN WHICH THE FAILURE OR INACCURACY OF THE LOCATION-BASED SERVICES COULD LEAD TO DEATH OR PERSONAL INJURY.

Novo Dia Group, Inc. may make changes to this Agreement from time to time and Novo Dia Group, Inc. will post a copy of the updated Agreement at the www.mobileebt.com website that will be applicable to installation or continued use after the effective date of the update. You acknowledge and agree that if you install or use the Application after the date on which the Agreement has changed, Novo Dia Group, Inc. will treat your installation or continued use as acceptance of the updated Agreement on a going-forward basis. If any future changes to this Agreement or the Terms of Use or any applicable Additional Terms are unacceptable to you or cause you to no longer be in compliance with this Agreement, you should terminate your use of the Application as provided in Section 9. You acknowledge and agree that Novo Dia Group, Inc. may completely modify, suspend, or discontinue the Application or the Content at its sole discretion and with or without notice to you. You further acknowledge and agree that even if a copy of the Application continues to reside on your device, after we modify, suspend or discontinue the Application, the Application may not work as it did prior to such action, and Novo Dia Group, Inc. will have no liability to you or any third party as a result.

You agree that Novo Dia Group, Inc. may also impose limits on certain features or restrict your access to part or all of the Application or Content without notice or liability to you. Novo Dia Group, Inc. may add additional features to the Application or Content that require payment, convert existing features of the Application or Content to paid services, or change the existing payment structure for the Application or Content. You agree that free access to all or a portion of the Application or Content at a point in time does not give you a right to continued free access to any or all of the Application or Content. You have no interest, monetary or otherwise, in any feature or content contained in the Application or Content.

Because you are obtaining the Application from a Distribution Channel, such as an app store, your download is subject to the terms of the Distribution Channel.

You acknowledge and agree that Novo Dia Group, Inc. has all right, title, and interest in and to the Application, including all Content served through the Application and all intellectual property rights associated with the Application. The Application is protected by the copyright laws of the United States, international treaties and conventions, and other laws. Except as expressly stated herein, you have no intellectual property rights in the Application (including without limitation any rights to use the trademarks, trade names, servicemarks, logos, domain names, and other distinctive brand features), and Novo Dia Group, Inc. reserves all rights not expressly granted to you. You must comply with all laws when using the Application as well as all applicable copyright, trademark or other legal notices or restrictions.

We reserve all rights to the Application and Content, other than the limited license in Section 4 of this Agreement. You may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Application or Content without our permission. You also may not transfer, resell, or sublicense this limited right to use the Application.

A. in whole or in part, copy, photocopy, reproduce, translate, modify, adapt, create derivative works based on, or reverse engineer, derive source code from, disassemble, decompile, or otherwise attempt to discover the source code of, the Application, except to the extent required by applicable law;

B. install or use the Application on a computer or other device that is primarily used as a file server;

C. remove, obscure, or alter any copyright, trademark, logo, or other proprietary notices in or on the Application;

D. use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Application, unless authorized by Novo Dia Group, Inc. in its sole discretion;

E. sell, rent, lease, sublicense, assign, transfer, or grant a security interest in your rights in the Application, or authorize all or any portion of the Application to be copied onto another user’s computer except as permitted hereunder;

F. intercept, emulate, or redirect the communication protocols used by the Application in any way, for any purpose, or engage in any activity that interferes with or disrupts the Application or Novo Dia Group, Inc.’s or its vendors’ servers or other infrastructure; or

G. facilitate, create, or maintain any unauthorized connection to the Application, including without limitation: (a) any connection to any unauthorized server that emulates, or attempts to emulate, Novo Dia Group, Inc.’s or its vendors’ servers; and (b) any connection using programs or tools not approved by Novo Dia Group, Inc. in its sole discretion.

Subject to your compliance with the Terms of Use and this Agreement, Novo Dia Group, Inc. hereby grants, and you hereby accept, a limited, non-exclusive license to: (a) install the Application on any mobile device owned by you or under your legitimate control; and (b) engage in use of the Application congruent with its intended purpose. All rights to use the Application are granted on the condition that such rights are forfeited if you fail to comply with the terms of this Agreement.

When you use the Application, you may connect to Novo Dia Group, Inc.’s or its vendors’ servers. Your communication with Novo Dia Group, Inc. is governed by Novo Dia Group, Inc.’s Privacy Policy for the TotilPay Application and for the web portal located at www.mobileebt.com.

As part of the Application, you may receive push notifications, text messages, MMS messages or other types of messages directly sent to you outside or inside the Application (collectively, “Push Messages”). You may control the Push Messages in your device's or the Application’s settings. Some of the Push Messages may be related to your location or to your use of the Application or Content. Your carrier may charge standard messaging, data and other fees for use of Push Messages, and these fees may appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Push Messages and certain Push Messages may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You may discontinue Push Messages in your device’s or the Application’s settings or by deleting the Application. We may collect information related to your use of Push Messages. If you have registered for Push Messages, you agree to notify Novo Dia Group, Inc. of any changes to your mobile number, as applicable, and update your account on the Application to reflect this change.

The Application may allow you to access and interoperate with third party businesses, software applications, and data services (collectively, “Third Party Businesses”). Novo Dia Group, Inc. has no control over any Third Party Businesses you may connect to using the Application and is not responsible for the practices of any third party. You acknowledge and agree that Novo Dia Group, Inc. is not liable for any loss or damage which may be incurred by you as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on or available from Third Party Businesses. You acknowledge that the Application may check for updates to the Application that may be available to you.

NOVO DIA GROUP, INC. DOES NOT WARRANT: (1) THAT THE APPLICATION’S FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE APPLICATION OR THE SERVERS HOSTING CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE APPLICATION OR CONTENT AVAILABLE THROUGH THE APPLICATION WILL CONTINUE TO BE AVAILABLE. NOVO DIA GROUP, INC. AND THE DISTRIBUTION CHANNEL DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AND THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE APPLICATION, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” EXCEPT TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. YOUR ACCESS TO AND USE OF THE APPLICATION IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPLICATION.

The Distribution Channel will not be responsible for addressing the following: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. If you have any questions on those issues, you should contact us at the e-mail address below. The Distribution Channel will also not be responsible for investigation, defense, settlement and discharge of any intellectual property infringement claim.

NOVO DIA GROUP, INC. WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE APPLICATION, EVEN IF FORESEEABLE OR EVEN IF NOVO DIA GROUP, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING. NOVO DIA GROUP, INC.’S LIABILITY IN CONNECTION WITH THE APPLICATION FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR DOWNLOAD OF THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF NOVO DIA GROUP, INC.’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED, CONTROLLED, OR DISTRIBUTED BY NOVO DIA GROUP, INC., INCLUDING WITHOUT LIMITATION THE APPLICATION.

YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. CALIFORNIA CIVIL CODE §1542 STATES: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

You will indemnify, defend, and hold Novo Dia Group, Inc. and all of its officers, directors, owners, employees, agents, information providers, service providers, vendors, contractors, affiliates, partners, and licensors (collectively, the “Novo Dia Group, Inc. Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any of the Novo Dia Group, Inc. Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of: your use of the Application; any use or alleged use of your account or your passwords by any person, whether or not authorized by you; your connection to Novo Dia Group, Inc.’s or its vendors’ servers; your violation of this Agreement; or your violation of the rights of any other person or entity. Novo Dia Group, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Novo Dia Group, Inc. and you will cooperate with Novo Dia Group, Inc.’s defense of these claims.

This Agreement is effective until terminated. You may terminate the Agreement at any time by: (i) irretrievably erasing, deleting, or destroying all copies of the Application in your possession or control; and (ii) ceasing to use the Content. Novo Dia Group, Inc. may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, the license granted in Section 4 will immediately terminate. The provisions in Sections 1, 2, 3, 5, 6, 7, 8, 11, 12, and 13 will survive any termination.

You will not ship, transfer, or export the Application or Content into any country or use the Application in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (collectively, “Export Laws”). In addition, if the Application or Content is identified as export-controlled under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within an embargoed nation or a nation that has been designated by the U.S. government as a “terrorist supporting” country and that you are not otherwise prohibited under the Export Laws from receiving the Application or Content.

This Agreement and all claims arising from or related to your use of the Application will be governed by and construed in accordance with the laws of the State of Texas, except Texas’ conflict of law rules. This Agreement and the Application will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.

With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in Travis County, Texas. Notwithstanding any other provision of this Agreement, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Application or this Agreement within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

We may elect to resolve any controversy or claim arising out of or relating to this Agreement or the Application by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless we establish a different location, arbitration hearings will be held in Travis County, Texas. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes any prior oral or written agreements, provided, however, that this Agreement will coexist with Novo Dia Group, Inc.’s Terms of Use and Privacy Policy located on this Application and on the web portal on www.mobileebt.com and any Additional Terms. To the extent that the provisions of this Agreement conflict with the Novo Dia Group, Inc. Terms of Use, this Agreement will govern. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email, if you have provided it to us. If you do not provide us with accurate information or we do not have access to your email address, we will not be responsible for failure to notify you. If any part of this Agreement is determined to be invalid or unenforceable under applicable law, that provision will be removed and the remainder of the Agreement will continue to be valid and enforceable, except as expressly stated. Our failure to exercise or enforce any right or provision in this Agreement will not constitute a waiver of such right or provision. Except as otherwise required by law, the controlling language of this Agreement is English. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You acknowledge and agree that the Distribution Channel is an intended third party beneficiary of the Agreement and will have the right to enforce this Agreement against you.

If you have any questions, claims, or complaints, you should contact Novo Dia Group, Inc. at support@novodiagroup.com

You hereby acknowledge that you have read and understood this Agreement and agree that by clicking “Accept” or by installing, copying, or using the Application you are acknowledging your agreement to be bound by this Agreement.

The TotilPay mobile Application (“Application”) was created to allow our customers, including mobile vendors, small retailers, and farmers markets, to process all forms of transactions, including debit, credit, and Electronic Benefit Transfer (EBT) transactions, and for the enrolled customers to participate in a loyalty program. The mission of Novo Dia Group, Inc. is to give people using public funds to aid in the purchase of food better and healthier options. This Application provides the technology and support required to allow registered merchants to accept and process the various transactions.

Please review these Terms carefully before using the Services or the Application. By using any of the Services or Application, you accept and acknowledge that the Services are hosted in the United States and that your use of the Services is subject to these Terms and the laws of the State of Texas.

We may occasionally change these Terms, so we encourage you to review the Terms periodically. The most current version of the Terms (along with their effective date) will be linked from each of the Services. If you continue to use the Services after we change the Terms, you accept all changes.

Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Services and the Application, and you consent to our use of data in compliance with the Privacy Policy.

Additional terms may apply to your use of the Services and the Application. We will provide these terms to you or post them on the Services to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service or Application, the additional terms will control.

Sweepstakes, contests, and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions, and you are responsible for complying with these rules and requirements.

As a user of the TotilPay Application, you will create an account through our website, www.mobileebt.com by providing us with a username, password, e-mail address, first and last name, and your Merchant Identification Number (MID).

You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us at support@novodiagroup.com immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.

If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age.

The content, information, data, designs, code, and materials associated with the Services (“Content”) are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions.

Subject to these Terms, you may access and use the Services only for your own personal, non-commercial use. We reserve all other rights to the Services and Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without our permission. You also may not transfer or sublicense this limited right to use the Services or resell the Services.

We may expressly authorize you to redistribute certain Content for personal, non-commercial use. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as social media, e-mail, or blogs). We may revoke this authorization at any time. If you redistribute Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request.

You must obtain our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please contact us via e-mail at support@novodiagroup.com.

At Novo Dia Group, Inc. we take your rights seriously. If you have issues with any agreements between you and Novo Dia Group, Inc., the Services, or this Application, please contact us immediately at support@novodiagroup.com, with LEGAL in the subject line. If you are having legal issues with another user, please contact us immediately via the e-mail address above with LEGAL in the subject line.

Additionally, we respect the intellectual property of others, and we ask you to do the same. If you or any user of this Application or our site believes its copyright, trademark or other property rights have been infringed by a posting on our site or this Application, you or the user should send notification to our Copyright Agent (as identified below) immediately. To be effective, the notification must include:

(c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

(d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Copyright Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. Please include the words LEGAL in the subject line of any notice sent to the Copyright Agent.

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Application without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to Novo Dia Group, Inc., its parent, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.

We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.

We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parent, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.

Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.

You represent and warrant that you have all rights necessary to grant to Novo Dia Group, Inc. the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

Through the Application, we provide third party content and link to third party websites via advertisements on the Services. We do not necessarily endorse or evaluate third party content and websites, and we do not assume responsibility for third parties' actions or omissions. You should review third parties' terms of use and privacy policies before you use their services.

The TotilPay Application is available for free download through the Apple App Store. However, there is an annual license fee in order to be able to process transactions. This license fee is discussed in greater detail elsewhere in the Application and on our website, www.mobileebt.com. We may also make in-application purchase available. You shall pay any applicable fees in full prior to gaining access to the Services and Application.

We also may charge fees related to wireless telecommunication services (“Wireless Services”) provided with respect to transactions processed through devices (“Wireless Devices”) that have been certified by Novo Dia Group, Inc. as compatible with its processing system. These Wireless Service Fees are charged in addition to the license fee discussed within your Customer Processing Agreement and are charged pursuant to the chart below.

You acknowledge that you are responsible for any fees listed above for Wireless Services, and failure to pay may result in additional penalties, service charged, and suspension or termination of your TotilPay account.

If you subscribe to a service on this site that requires payment of a fee, you agree to pay all fees associated with such service. For all charges for services on this site, we will either invoice you directly or charge your credit card. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within thirty (30) days of the change.

If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.

You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.

In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

The Services have been designed to present Content in a unique format and appearance. Unless we give you permission, you agree not to access the Services using any interface other than ours. We may deny permission to link to the Services for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request.

• Link to the Services from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;

• Frame the Services, display the Services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Novo Dia Group, Inc. Parties (as defined below in Section 11) and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);

• Violate any person's or entity's legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;

• Engage in unauthorized spidering, “scraping,” or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information;

• Defeat any access controls, access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user's account or information, or allow anyone else to use your account or access credentials.

• Provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Services, or as otherwise described in the Privacy Policy.

If you do not agree to these Terms, you should immediately stop using the Services. If you want to delete your account, please contact us at support@novodiagroup.com and uninstall the Application immediately. Any User Submissions you made while using the Services will continue to be governed by Section 6 of these Terms.

Sections 6 and 11-16 of these Terms will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use.

You will defend, indemnify, and hold harmless Novo Dia Group, Inc., its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns (collectively, the “Novo Dia Group, Inc. Parties”) with respect to all claims, costs (including attorney's fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions). Novo Dia Group, Inc. retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 11 without Novo Dia Group, Inc.'s prior written approval.

THE NOVO DIA GROUP, INC. PARTIES DO NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES' FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE NOVO DIA GROUP, INC. PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

THE NOVO DIA GROUP, INC. PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE NOVO DIA GROUP, INC. PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING. THE NOVO DIA GROUP, INC. PARTIES' LIABILITY IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO NOVO DIA GROUP, INC. IN THE ONE MONTH PRECEDING THE CLAIM.

YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE NOVO DIA GROUP, INC. PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, OR AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY THE NOVO DIA GROUP, INC. PARTIES, INCLUDING WITHOUT LIMITATION THE SERVICES (INCLUDING THOSE INCORPORATING USER SUBMISSIONS).

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; THEREFORE, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

All user information shall be stored on secure servers. Only Novo Dia Group, Inc. employees and contractors will have access to this information. All employees and contractors are subject confidentiality agreements. Analytics and usage information may be shared with third parties, but no personal information shall ever be shared. Novo Dia Group, Inc. shall not be liable for any user information that is lost as a result of the server. Furthermore, Novo Dia Group, Inc. and the secure servers shall not be used as an emergency storage system for users.

These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the State of Texas, except Texas' conflict of law rules. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.

With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in Travis County, Texas. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

We may elect to resolve any controversy or claim arising out of or relating to these Terms or the Services by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless we establish a different location, arbitration hearings will be held in Travis County, Texas. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. If any provision or part of a provision of these Terms is determined to be invalid or unenforceable under applicable law, that portion will be removed, and the remainder of the Terms will continue to be valid and enforceable.

This Privacy Policy discloses the privacy practices for the TotilPay mobile application (“Application”) and related services (together referred to as the “services”). Novo Dia Group, Inc., the provider of the Application (referred to as “us” or “we”), is committed to protecting your privacy online. Please read the information below to learn the following regarding your use of this Application.

You acknowledge that this Privacy Policy is part of our Terms of Use, and by accessing or using our Application, you agree to be bound by all of its terms and conditions. If you do not agree to these terms, please do not access or use this Application.

We reserve the right to change this Privacy Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to issuing an e-mail to the e-mail address listed by registered users and posting the revised Policy on the Application. You acknowledge and agree that it is your responsibility to maintain a valid e-mail address as a registered user, review the Application and this Policy periodically and to be aware of any modifications. Your continued use of the Application after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by the modified Policy.

In order to better provide you with our services, we collect two types of information about our users: Personally Identifiable Information and Non-Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our Application.

The Service is not directed to individuals under the age of 13. In the event that Novo Dia Group, Inc. discovers that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information in if required by the Children's Online Privacy Protection Act. Please see the Federal Trade Commission's website for (www.ftc.gov) for more information.

Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.

Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this Application, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to elect to engage in these activities; however, we may ask that you provide us personal information, such as your first and last name, company name, e-mail address, username, password, and Merchant Identification Number (MID). We will also collect location information obtained through the GPS capabilities of your mobile device, if such capabilities are enabled on your mobile device. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

Non-Personally Identifiable Information: This refers to information that does not by itself identify a specific individual. We may gather certain information about you based upon where you visit on our Application in several ways. This information is compiled and analyzed on both a personal and an aggregated basis.

We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to us when you (a) register for our services and register your e-mail address with us; (b) enter sweepstakes or contests sponsored by us or one of our partners; (c) sign up for special offers from selected third parties; or (d) send e-mail messages, submit forms or transmit other information by telephone or letter. We may also collect information from you at other points on our Application that state that such information is being collected.

In addition, we may also collect, or our third party ad server and/or content server may collect, certain Non-Personally Identifiable Information. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. We use your IP address to diagnose problems with our servers, software, to administer our Application and to gather demographic information. Our third party ad servers will also provide us with summary, but not individual, reports that will tell us how many ads were presented and clicked upon on our Application.

We will primarily use your Personally Identifiable Information to provide our services to you, as required by our agreements with you. We will also use Personally Identifiable Information to enhance the operation of our Application, complete transactions, fill orders, improve our marketing and promotional efforts, statistically analyze Application use, improve our product and service offerings, and customize our Application's content, layout, and services. We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices. We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems, and enforce our agreements with you, including our Terms of Use, and this Privacy Policy.

We do not sell, trade, or rent your Personally Identifiable Information to others. We do provide some of our services through contractual arrangements with affiliates, services providers, partners, and other third parties. We and our service partners may use your Personally Identifiable Information to operate our Application and to deliver our services. For instance, we may make the e-mail, phone number, and address of a registered merchant available to the public in order to allow the public to locate and contact such registered merchant.

We will encourage our service partners to adopt and post privacy policies. However, the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.

Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

We may also provide Non-Personally Identifiable Information about our customers' sales, traffic patterns, and related information to third party advertisers, but these statistics do not include any Personally Identifiable Information.

We believe you should have the ability to access and edit the Personally Identifiable Information that you have provided to us. You may change any of your Personally Identifiable Information in your account at any time through the TotilPay website atwww.mobileebt.com. Once the changes have been made, your information will be updated in the Application as well.

We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed. While you may delete the Application and you account at any time, it may be impossible to completely delete your information without some residual information due to backups.

We may, from time to time, send you e-mail regarding our products and services. In addition, if you indicated upon registration that you are interested in receiving offers or information from us and our partners, we may occasionally send you direct mail about products and services that we feel may be of interest to you. Only Novo Dia Group, Inc. (or agents working on behalf of Novo Dia Group, Inc. and under confidentiality agreements) will send you these direct mailings and only if you indicated that you do not object to these offers. If you do not want to receive such mailings, simply tell us when you give us your personal information, or you can easily edit your account information at any time to no longer receive such informational e-mails, offers, and mailings.

You also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our site may not work properly in your case.

On our Application you can be assured that your Personally Identifiable Information is secure, consistent with current industry standards. The importance of security for all Personally Identifiable Information associated with our user is of utmost concern to us. Your Personally Identifiable Information is protected in several ways. Access by you to your Personally Identifiable Information is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone. In addition, your Personally Identifiable Information resides on a secure server that only selected Novo Dia Group, Inc. personnel and contractors have access to via password. We encrypt your Personally Identifiable Information and thereby prevent unauthorized parties from viewing such information when it is transmitted to us.

Personal information that you provide that is not Personally Identifiable Information also resides on a secure server and is only accessible via password. Since this information is not accessible from outside Novo Dia Group, Inc. you will not be asked to select a password in order to view or modify such information.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Application cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Other sites that may be accessible through our Application have their own privacy policies and data collection, use and disclosure practices. Please consult each site's privacy policy. We are not responsible for the policies or practices of third parties. Additionally, other companies which may place advertising on our Application may collect information about you when you view or click on their advertising through the use of cookies. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.

You must be at least 18 years old to have our permission to use this Application. Our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information about visitors that are under 18 years of age.

You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, e-mail address, etc.) in the discussion forums or other public areas on this Application, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Policy does not apply to such information. Any submissions to chat rooms or other public areas on this Application are accepted with the understanding that they are accessible to all third parties. If you do not want your comments to be viewed by third parties, you are advised not to make any submissions. Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information. Please be careful and responsible whenever you're online.

If you have any questions about this Privacy Policy, the practices of this Application, or your dealings with this Application, please contact us at support@novodiagroup.com.

Service	Charge
Voice Charges for Data Only Plans	$.25/minute
Text Charges for Data Only Plans	$.25/minute
411 Information Calls	$2.00/call
Cellular Data Usage for Talk and Text Plans (*Beyond allotted package amount)	$18.00/GB*