Last updated: August 1, 2026 · Effective: August 1, 2026
These Terms of Service (“Terms”) are a binding agreement between you and novpha (“novpha”, “we”, “us”, or “our”) governing your access to and use of the novpha service. By creating an account, signing in, connecting a mailbox, or using novpha, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use novpha.
You are the sender. novpha is a tool that you operate.
You alone decide who to contact, what to write, and when it goes out. You act on your own accord and your own judgment, and you are solely responsible and liable for your outreach — including compliance with anti-spam, privacy, and marketing laws in the United States, Canada, and everywhere your recipients are located. If your outreach results in complaints, blocklisting, suspension of your email account, regulatory penalties, or claims by recipients or anyone else, that is your responsibility, not ours, and you agree to defend and indemnify us as set out in sections 18–19.
You must be at least 18 years old and able to form a binding contract to use novpha. If you use novpha on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and “you” includes that organization.
You also represent that you are not located in, ordinarily resident in, or acting on behalf of any person in a country or region subject to comprehensive trade sanctions, and that you are not named on any restricted-party, sanctions, or denied-persons list.
novpha helps you discover prospect contacts and send and track email outreach from your own connected mailbox. We may add, change, suspend, or remove features at any time, and we may set reasonable usage limits to protect the service, other users, and deliverability.
To be clear about what novpha is not:
novpha may use AI to help draft emails, write replies, expand keywords, and enrich data. AI output can be inaccurate, incomplete, biased, or unsuitable—you are responsible for reviewing and editing any AI-assisted content before it is sent, including content sent automatically by a sequence, follow-up, or auto-reply you enabled. Enabling automation is your decision to send that content, and you accept responsibility for it in advance whether or not you read each message. Do not rely on AI output as professional, legal, or factual advice.
You agree to use novpha lawfully and to follow applicable anti-spam, privacy, and marketing laws when contacting people. You must not:
You will promptly honor opt-out and unsubscribe requests and include required sender identification in your emails.
Each time you send, schedule, or enable sending through novpha, you represent and warrant to us that:
These representations are a condition of your use of novpha. Breaching them is a material breach of these Terms.
You are solely responsible for determining which laws apply to your outreach and for complying with them. Rules depend on where your recipients are, not only where you are. The summaries below are non-exhaustive, are not legal advice, and do not limit your obligations.
Commercial email is regulated by the CAN-SPAM Act and by state statutes. Among other things, you must use accurate header, “From,” “Reply-To,” and routing information, avoid deceptive subject lines, disclose that a message is an advertisement where required, include a valid physical postal address, and provide a clear opt-out mechanism that stays functional and is honored promptly (CAN-SPAM allows no more than 10 business days). Penalties can be assessed per individual email, and liability can extend to the business whose product is promoted. If you handle California, Texas, Colorado, or other state residents’ personal information you may have obligations under state privacy laws such as the CCPA/CPRA, and if you send texts or make calls, the TCPA may apply. You are the business responsible for those obligations.
Canada’s Anti-Spam Legislation (CASL) is stricter than US law and generally requires express or implied consent before you send a commercial electronic message. You must identify yourself and provide contact information that remains valid for at least 60 days, and include an unsubscribe mechanism that works and is honored without delay (and no later than 10 business days). CASL requires you to be able to prove consent, so keep records of how and when it was obtained. Administrative monetary penalties run up to CAD $1,000,000 for an individual and CAD $10,000,000 for an organization per violation, and directors, officers, and employers can be held personally or vicariously liable. Personal information is also governed by PIPEDA, by Quebec’s Law 25, and by provincial privacy statutes in Alberta, British Columbia, and Quebec. You confirm that you, not novpha, are the person who sends or causes to be sent every message, and that you satisfy these requirements for every Canadian recipient.
If you contact people in the EU, UK, Switzerland, Australia, or anywhere else, you are responsible for the rules that apply there — including the GDPR and UK GDPR (lawful basis, transparency, data-subject rights), the ePrivacy rules on electronic marketing, Australia’s Spam Act 2003, and equivalent local laws. Requirements differ by country and change over time; keeping current is your responsibility.
We do not check, and cannot check, whether you have consent, whether your lists were lawfully sourced, or whether your messages meet the requirements above. Those are your obligations, and you take them on knowingly. If you are unsure whether your outreach is lawful, get advice from your own lawyer before you send.
novpha executes your instructions. You acknowledge and agree that:
For the personal data of prospects and recipients that you collect, import, or send through novpha, you are the controller (and the “business” under US state privacy laws) and novpha is your processor or service provider. We process that data only to provide the service on your instructions.
You retain ownership of the contacts and content you create. You grant us a limited, non-exclusive license to host, process, and transmit your content solely to operate and provide the service for you, and to retain records as needed to comply with law, resolve disputes, and enforce these Terms. Our handling of your data is described in our Privacy Policy.
novpha, including its software, design, branding, and content (excluding your content), is owned by us and our licensors and protected by intellectual property laws. We grant you a limited, revocable, non-transferable license to use the service per these Terms. You may not copy, modify, distribute, or create derivative works from the service except as permitted by law.
If you send us suggestions or feedback, you grant us a perpetual, royalty-free, worldwide license to use it without restriction or obligation to you.
novpha integrates with third-party services (for example, Google/Gmail, calendar, payment, AI, and data providers). Your use of those services is subject to their own terms and privacy policies, and we are not responsible for them, for their acts or omissions, or for any action they take against your account. The availability of integrations may change or end at any time.
We have the right, but never the obligation, to:
You will cooperate with us, respond promptly to abuse complaints we forward to you, and provide records we reasonably request (including consent records). Our decision not to act in any instance is not a waiver of the right to act later, and none of these rights makes us responsible for your outreach or creates a duty to monitor it.
novpha is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the service will be uninterrupted, error-free, or secure, or guarantee any deliverability outcomes, recipient responses, search results, contact accuracy, bookings, revenue, or actions taken by Google or any other provider on your account. Prospect and enrichment data may be inaccurate, outdated, or incomplete, and features may be experimental.
novpha is a tool that acts on your instructions. You assume all risk and responsibility for your use of novpha and for your outreach, including who you contact, the content you send, the timing and volume of your sending, your compliance with law, and any consequences — such as spam complaints, damage to your sending reputation, blocklisting, suspension or loss of your Google or other email account, loss of contacts or campaign data, regulatory investigations or penalties assessed against you, or claims by recipients or third parties. You agree that we are not responsible or liable for any of those outcomes.
To the maximum extent permitted by law, novpha and its officers, employees, agents, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, contacts, goodwill, sending reputation, or business, arising out of or relating to the service, however caused and on any theory of liability. Our total aggregate liability for all claims relating to the service will not exceed the greater of the amounts you paid us in the three (3) months before the event giving rise to the claim, or USD $50.
We are not liable for anything arising from your outreach, your content, your recipients, your violation of law, or a third party’s action against your account. These limits apply even if a remedy fails of its essential purpose and even if we were advised of the possibility of the damages, and they are an essential basis of the bargain between us.
These limits protect us, not you. Nothing in this section limits or caps your own obligations under section 7 (representations), section 18 (indemnification), or section 19 (release), or your liability to us for fines, penalties, claims, or costs caused by your outreach or your breach.
Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply to you; in that case our liability is limited to the smallest amount permitted by law.
You agree to defend, indemnify, and hold harmless novpha and its officers, directors, employees, contractors, agents, and suppliers from and against any and all claims, demands, investigations, proceedings, damages, losses, liabilities, fines, penalties, settlements, and expenses (including reasonable legal fees and the cost of responding to subpoenas, regulator inquiries, and complaints) arising out of or relating to:
We may, at our option and at your expense, assume the exclusive defence and control of any matter subject to indemnification, with counsel of our choosing. You will not settle any such matter in a way that imposes any obligation, payment, or admission on us without our prior written consent, and you will cooperate with us in the defence. This section survives termination of your account and of these Terms.
To the fullest extent permitted by law, you release and forever discharge novpha and the parties listed in section 18 from all claims, demands, and damages of every kind — known and unknown, suspected and unsuspected, disclosed and undisclosed — arising out of or in any way connected with your outreach, the recipients you chose to contact, the consequences of your sending decisions, damage to your sending reputation or blocklisting, any action Google or another provider takes against your account, and any regulatory action brought against you. You covenant not to sue us on any such claim.
If you are a California resident, you waive California Civil Code section 1542, which reads: “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 also waive any comparable statute or rule of any other jurisdiction, including any Canadian province.
This section does not release claims that cannot be released under applicable law, or claims arising from our own fraud, gross negligence, or wilful misconduct.
You may stop using novpha and disconnect at any time. We may suspend or terminate access, with or without notice, for violation of these Terms, misuse of the service, non-payment, legal requirements, or risk to us, to a provider, or to other users. On termination your right to use the service ends immediately; we may delete your data after a reasonable period, and unused credits are forfeited unless the law requires otherwise. Provisions that by their nature should survive — including your representations, content licenses you grant, disclaimers, liability limits, indemnification, release, governing law, and arbitration — survive termination.
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, except where the mandatory law of your place of residence applies.
Informal resolution first. Before filing any claim, you agree to contact us at support@novpha.com and try in good faith to resolve the dispute informally for at least 30 days.
Binding individual arbitration. To the maximum extent permitted by law, any dispute, claim, or controversy arising out of or relating to novpha or these Terms that is not resolved informally will be settled by final and binding arbitration on an individual basis, rather than in court, except that either party may bring an individual claim in small-claims court or seek injunctive relief for intellectual-property or unauthorized-use matters. The arbitration will be administered under established commercial arbitration rules, and judgment on the award may be entered in any court of competent jurisdiction.
Class-action and jury waiver. You and novpha agree that disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. You and novpha waive any right to a jury trial.
Time limit on claims. Any claim relating to novpha must be filed within one (1) year after it arises; otherwise it is permanently barred, to the extent permitted by law.
If the class-action waiver or arbitration provision is found unenforceable for a given claim, that claim will proceed in the state or federal courts located in Delaware, and you consent to their jurisdiction; the rest of this section remains in effect.
Canadian users. Nothing in these Terms limits rights you have under applicable Canadian consumer-protection law that cannot be waived by contract. If you are a consumer resident in Quebec, the arbitration, class-waiver, governing-law, and jury-waiver provisions apply only to the extent permitted by the Civil Code of Québec and the Consumer Protection Act, and you may bring proceedings in the courts of your judicial district where the law entitles you to do so. Similar limits may apply in other provinces and in jurisdictions outside Canada; the remainder of these Terms continues to apply.
Language. The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont exigé que la présente convention et tous les documents qui s’y rattachent soient rédigés en anglais.
We may update these Terms from time to time; we will revise the “Last updated” date and, for material changes, provide additional notice in the app or by email. Your continued use after changes take effect constitutes acceptance of the updated Terms. If you do not accept a change, stop using novpha and close your account.
These Terms and the Privacy Policy are the entire agreement between you and us regarding the service, and supersede any prior understanding. If any provision is found unenforceable, it will be limited or severed to the minimum extent necessary and the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control.
You consent to receive notices and other communications from us electronically, including by email and in-app notice, and you agree that your electronic acceptance of these Terms has the same effect as a handwritten signature. You agree to comply with all applicable export-control and sanctions laws. Except where prohibited by law, in any proceeding to enforce these Terms the prevailing party may recover its reasonable legal fees and costs. Section headings are for convenience only. There are no third-party beneficiaries to these Terms, except that Google is an intended beneficiary of the commitments you make here about your use of Google services.
Questions about these Terms: support@novpha.com.
This document is provided for transparency and does not constitute legal advice. The legal summaries in section 8 are general, may be incomplete or out of date, and are not a substitute for advice from your own lawyer about your outreach.