Terms of Service

1. Who we are

“Novobril”, “we”, “us”, or “our” refers to Prakash Madhavan Nair, trading as NOVOBRIL (ABN 42 989 876 644), a sole trader operating under Australian law, principal place of business at Point Cook, VIC, Australia.

These Terms of Service (“Terms”) govern your access to and use of SmartTeam, available at my.novobril.com(the “Service”). “You” or “User” means the individual or organisation using the Service.

By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding contract to use the Service. If you use the Service on behalf of an organisation, you confirm you have authority to bind that organisation to these Terms.

3. Accounts

• You must provide accurate registration information and keep it up to date.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
• Notify us immediately at prakashmnair@gmail.com if you suspect unauthorised access.
• We may suspend or terminate accounts that provide false information or violate these Terms.

4. Subscriptions, Billing & Cancellation

• Plans: Current plans and pricing, where applicable, are shown at my.novobril.com/pricing. We may change pricing with at least 30 days’ notice to existing subscribers.
• Billing: Paid plans, where offered, are billed in advance on a recurring basis (monthly or annually, as selected) via Stripe. By subscribing, you authorise recurring charges to your payment method until you cancel.
• Free trials: Where offered, free trials convert to a paid subscription automatically at trial end unless cancelled before that date.
• Cancellation: You may cancel at any time from account settings. Cancellation takes effect at the end of the current billing period; you retain access until then. No partial-period refunds are provided except as required by the Australian Consumer Law (see §5).
• Failed payments: If a payment fails, we may retry, suspend, or downgrade your account after reasonable notice.
• Taxes: Prices are exclusive of GST unless stated otherwise. GST is added once Novobril is GST-registered.

5. Refunds & Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded. Where the Service fails to meet a consumer guarantee, you are entitled to a remedy as required by law. Outside of that, fees are non-refundable except at our discretion.

6. Acceptable Use

You must not use the Service to:

• Break any applicable law or regulation;
• Upload or transmit malicious code, or attempt to gain unauthorised access to the Service or other users’ data;
• Reverse-engineer, decompile, or scrape the Service except as permitted by law;
• Resell or sublicense the Service without our written consent;
• Upload content that is defamatory, infringing, or violates a third party’s rights;
• Interfere with the Service’s operation or attempt to bypass rate limits, quotas, or security controls.

We may suspend or terminate access for any violation, with or without notice depending on severity.

7. Your Content

You retain ownership of any content, data, or material you submit to the Service (“Your Content”) — including profile information, contribution and activity descriptions, and any AI task chat messages or generated artifacts (code changes, test cases, specs). By submitting Your Content, you grant us a limited, non-exclusive licence to host, process, and display it solely to provide and improve the Service. You are solely responsible for Your Content and confirm you have the rights to submit it.

You may export Your Content at any time via the in-app export feature or the API. On account deletion, Your Content is deleted or anonymised per our Privacy Policy, subject to legal retention requirements.

8. Our Intellectual Property

The Service, including its software, design, branding, and documentation, is owned by Novobril and protected by copyright and other intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence to use the Service for its intended purpose. All rights not expressly granted are reserved.

9. Third-Party Services

The Service relies on third-party providers to operate, including payment processing (Stripe), authentication and hosting (Firebase/Google Cloud Platform), and AI features (Google Gemini and Anthropic Claude). Your use of the Service is also subject to those providers’ applicable terms where you interact with them directly (e.g. entering payment details into Stripe’s checkout). We are not responsible for the acts or omissions of third-party providers, though we select and monitor them for reliability and compliance.

10. Termination

• By you: Cancel your subscription and/or delete your account at any time from account settings.
• By us: We may suspend or terminate your account for breach of these Terms, non-payment, prolonged inactivity on free plans, or if required by law, with notice where reasonably practicable.
• Effect: On termination, your right to use the Service ends immediately. Sections that by their nature should survive (IP, disclaimers, limitation of liability, governing law) survive termination.

11. Disclaimers

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant the Service will be uninterrupted, error-free, or completely secure. Nothing in this section limits any consumer guarantee that cannot lawfully be excluded (see §5).

12. Limitation of Liability

To the maximum extent permitted by law:

• Our total aggregate liability arising out of or relating to the Service is limited to the amount you paid us in the 12 months preceding the claim.
• We are not liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, or goodwill, even if advised of the possibility.
• This limitation does not apply to liability that cannot be excluded by law (e.g. under the Australian Consumer Law), or to liability arising from our fraud or wilful misconduct.

As a sole trader, our (Prakash Madhavan Nair’s) personal assets are not shielded by a corporate structure — this limitation of liability clause is the primary contractual protection until Novobril converts to a Pty Ltd.

13. Indemnification

You agree to indemnify and hold us harmless from claims, damages, and expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Service, or Your Content, except to the extent caused by our own breach or negligence.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified via email or an in-app notice at least 14 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance.

15. Governing Law & Disputes

These Terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. Before commencing formal proceedings, both parties agree to attempt to resolve disputes in good faith by contacting prakashmnair@gmail.com.

16. Contact

Questions about these Terms:

Prakash Madhavan Nair, trading as NOVOBRIL

ABN: 42 989 876 644

Email: prakashmnair@gmail.com

Address: Point Cook, VIC, Australia