1. Acceptance of These Terms
These Terms of Service ("Terms") are a binding agreement between you
and Fitouch, LLC ("Fitouch," "Novera," "we," "us," or "our") governing
your access to and use of the Novera websites (including novera.co),
the Novera web application (including app.novera.network), the Novera
relay and API services, and any related software, features, and
content we provide (together, the "Service").
By accessing or using the Service, you agree to be bound by these
Terms and by our Privacy Policy, which is
incorporated by reference. If you do not agree, do not use the
Service.
2. Who We Are
Novera is a privacy-first marketplace and communication platform
that helps people discover, message, book, and pay local businesses
and independent service providers, including for rentals,
experiences, food orders, and other services. The Service is
operated by Fitouch, LLC. Contact details are in the
Contact section.
3. Eligibility
You must be at least 18 years of age to use Novera. By using the
Service, you represent and warrant that you are at least 18 years
old and have the legal capacity to enter into these Terms. If you
use the Service on behalf of a business, you represent that you have
authority to bind that business to these Terms, and "you" includes
that business.
You may use the Service only where doing so is lawful. You are
responsible for complying with the laws that apply to you, including
laws governing digital assets, in the place where you live and
transact.
4. Novera's Role
Novera is a technology platform. When you book, order from, or pay a
business or service provider through Novera (a "Provider"), you
enter into an agreement directly with that Provider, not with
Novera. Novera is not a party to that agreement and does not own,
operate, inspect, or control the goods, vehicles, vessels, premises,
or services that Providers offer.
Novera does not offer bank accounts, does not exchange one currency
for another, does not hold funds on your behalf, and does not
provide financial, investment, tax, or legal advice. Where Novera
supports payment, it does so by giving you software to interact with
your own wallet, with a third-party on-ramp (see
Buying USDC Through Transak), and with an
escrow program on the Solana blockchain (see
Smart-Contract Escrow).
Novera includes an AI assistant that helps you find and arrange
services through conversation. Its answers are generated
automatically, may be inaccurate or incomplete, and are not advice.
Always review the details of a booking, order, or payment before you
confirm it.
5. Accounts, Keys, and Security
Novera does not use passwords, phone numbers, or usernames as
credentials. Your identity on Novera is a cryptographic keypair that
is generated on your device and, where your device supports it,
protected by a passkey (for example Face ID, Touch ID, or a security
key). Your private key is created and stored on your device. Novera
does not receive it and cannot recover it.
- You are solely responsible for the security of your devices, passkeys, and keys, and for all activity that occurs using them.
- If you lose access to your passkey or device without a backup, you may permanently lose access to your Novera identity, your messages and other encrypted data, and any funds held in the wallet associated with that identity. Novera cannot restore them.
- You must not share your keys, attempt to use another person's keys, or misrepresent your identity or affiliation.
- Notify us promptly at hello@novera.co if you believe your keys or devices have been compromised.
6. Your Non-Custodial Wallet
Your Novera identity doubles as a wallet address on the Solana
blockchain. The wallet is non-custodial: the private key that
controls it exists only on your device, Novera never holds a copy of
it, and Novera cannot move, freeze, or recover the funds in it. You
alone control that wallet and are responsible for it.
- Novera is software that helps you sign and submit transactions. Every transaction from your wallet is authorized by you on your device.
- Sending funds to the wrong address, funding an escrow you did not intend to, or losing your key cannot be undone by Novera.
- Transactions on Solana require a small amount of SOL for network fees and, for escrow accounts, a refundable account deposit ("rent"). You are responsible for keeping enough SOL in your wallet to transact. Network fees are paid to the Solana network, not to Novera.
- Balances and transaction history are read from the public blockchain and may be delayed or temporarily unavailable.
7. USDC and Blockchain Transactions
Payments made through Novera use USDC, a digital asset issued by a
third party and transferred on the Solana blockchain. Novera does
not issue USDC, does not guarantee that USDC will hold any
particular value, and is not responsible for the Solana network, its
validators, or the RPC providers used to reach it.
- Blockchain transactions are public. Anyone can see the addresses, amounts, and timing of transactions involving your wallet.
- Once a transaction is confirmed on the blockchain it is final. Novera cannot reverse, cancel, or refund a confirmed transaction except where the escrow program itself provides a refund path (see Smart-Contract Escrow).
- Digital assets carry risk, including loss of value, network congestion or outages, and software defects. You should only transact with amounts you can afford to lose.
- Nothing on the Service is a recommendation to buy, hold, or sell any digital asset.
8. Buying USDC Through Transak
To help you add USDC to your wallet, Novera integrates Transak, an
independent third-party service that sells digital assets for
traditional currency. Transak is not part of Novera. When you use
the Transak flow inside Novera:
- You are buying USDC from Transak, not from Novera. Novera does not sell you USDC and does not act as your agent in the purchase.
- Your purchase is governed by Transak's own terms of service, privacy policy, pricing, limits, and regional availability. Transak may require identity verification (KYC) and may decline or delay a transaction under its own rules.
- Transak delivers the USDC you buy directly to the destination wallet address shown in the flow, normally your own Novera wallet. Novera does not receive your payment or take custody of the USDC at any point.
- Novera may share limited profile information with Transak to pre-fill its verification forms, as described in our Privacy Policy.
- Questions about a Transak purchase, refund, or verification decision must be directed to Transak. Novera cannot access or change your Transak order.
Novera may add, replace, or remove third-party on-ramp providers at
any time.
9. Payment Options
Not every transaction arranged through Novera is paid through
Novera. Depending on the Provider and the type of transaction, you
may:
- Pay the Provider directly (for example in person, or by a method the Provider accepts outside Novera). In that case Novera only records the booking or order; the payment, any receipt, and any refund are entirely between you and the Provider.
- Pay through Novera's smart-contract escrow in USDC, as described in the next sections.
The Service tells you which option applies before you confirm.
10. Smart-Contract Escrow
For supported transactions, Novera lets a customer fund an escrow
using an escrow program published by Novera on the Solana
blockchain (the "Escrow Program"). The Escrow Program is software
that holds USDC in an on-chain account and moves it only when its
programmed rules are met. Escrowed funds are held by the Escrow
Program on the blockchain, not in a bank account and not in an
account owned by Novera. In summary, and subject to the rules of the
Escrow Program:
- Funding. The customer signs a transaction that transfers the full transaction amount, including Novera's platform fee, from the customer's wallet into the escrow account. The deadlines, cancellation terms, and fee rate for that escrow are fixed at this moment and recorded on-chain.
- Acceptance. The Provider must accept the escrow before its acceptance deadline. If the Provider does not accept in time, the escrow becomes refundable and the full amount is returned to the customer with no fee. Because the Escrow Program does not restrict who may trigger this refund, it can be triggered by either party or by anyone else once the deadline has passed.
- Release. After acceptance, the customer can release the funds once the goods or services have been delivered as agreed. If the customer does not release or dispute before the escrow's auto-release time, the funds can be released to the Provider by either party, or by anyone else, because the Escrow Program does not restrict who may trigger an auto-release. On release, the Provider receives the transaction amount less Novera's platform fee, and the fee is transferred to Novera's treasury wallet.
- Customer cancellation. The customer can cancel before the Provider accepts, or after acceptance but before the escrow's free-cancellation deadline, for a full refund with no fee. Cancelling after the free-cancellation deadline applies the cancellation charge recorded for that escrow (see Cancellations, Refunds, and Disputes).
- Provider cancellation. The Provider can cancel at any time before release, which returns the full amount to the customer with no fee.
- Disputes. Either party can dispute the escrow at any time before the funds are released or auto-released. Once disputed, the funds are locked and can be moved only by the dispute resolver. Novera controls the dispute-resolver key and can direct a disputed escrow either to the Provider (with the normal fee) or back to the customer in full (with no fee). Novera cannot split a disputed escrow between the parties.
You acknowledge that: (a) the Escrow Program, not Novera, enforces
these rules; (b) Novera has no ability to move escrowed funds
outside those rules, and no ability to reverse a completed release or
refund; (c) the exact amounts, deadlines, and cancellation terms for
each escrow are shown to you before you fund it and are recorded in
the Transaction Agreement described below; and (d) Novera controls
the keys that resolve disputes and that configure the fee rate and
treasury wallet for future escrows, as described in these Terms.
11. Transaction Agreements
When an escrow is created, Novera generates a written record of the
transaction terms (a "Transaction Agreement") that includes the
parties' identities, the amount, the fee rate, the acceptance,
delivery, free-cancellation, and auto-release deadlines, any
cancellation charge, and the release, dispute, and evidence terms
that apply. Novera shows this record to the customer before funding.
- A cryptographic hash of the Transaction Agreement is recorded on the blockchain in the escrow account when the escrow is funded. The full document is stored on Novera's servers in encrypted form that only the customer and the Provider can read, and Novera checks it against the on-chain hash whenever it is displayed.
- By funding an escrow, the customer agrees to the Transaction Agreement for that escrow. By accepting an escrow, the Provider agrees to it. The Escrow Program enforces the numeric deadlines and amounts in it but does not read or interpret its written terms; those terms are between the customer and the Provider.
- It is your responsibility to review the Transaction Agreement before funding or accepting. Novera is not responsible for terms a Provider sets or for either party's failure to perform them.
12. Platform Fees
Novera charges a platform fee only on transactions paid through the
Escrow Program, and only when the escrow is released to the
Provider. The fee is a percentage of the total amount placed in
escrow. The rate is set on-chain and is fixed for each escrow at the
time it is funded.
- The current platform fee is 5% of the escrowed total, so the Provider receives 95% of the escrowed total and Novera receives 5% under the current configuration.
- The Service shows you the exact fee and the total you will fund before you confirm. Where the fee is added on top of a Provider's price, the total you fund includes it. Because on-chain arithmetic uses whole units, the amount recorded on-chain may differ from the displayed amount by up to one cent.
- No platform fee is charged when an escrow is refunded or cancelled, including when the Provider never accepts, when either party cancels, or when a dispute is resolved in the customer's favor.
- Solana network fees, account rent, and any fees charged by Transak or other third parties are separate from Novera's platform fee and are not collected by Novera.
- Novera does not charge fees on transactions paid directly to a Provider outside the Escrow Program.
- We may change the platform fee rate for future escrows. A change never affects an escrow that has already been funded, and the applicable rate is always shown before you fund.
13. Cancellations, Refunds, and Disputes
Cancellation and refund terms are set per transaction and vary by
Provider and by type of service. The free-cancellation deadline and
any cancellation charge that apply to an escrow are shown to you and
recorded in the Transaction Agreement before you fund it. For
example, a rental Provider may allow free cancellation until a set
time before the booking and retain part of the rental price after
that, while other transactions may have no cancellation charge.
- Refunds through escrow happen only through the Escrow Program's refund paths described in Smart-Contract Escrow: the Provider does not accept in time, the customer cancels, the Provider cancels, or a dispute is resolved in the customer's favor. Refunds are returned to the wallet that funded the escrow.
- Once funds have been released to a Provider, Novera cannot reverse the release. Any further refund is a matter between you and the Provider.
- Disputes. If you and a Provider cannot resolve a problem, either of you may open a dispute on an escrow before its funds are released or auto-released. Novera will review the dispute in good faith and may ask both parties for evidence such as messages, photographs, and receipts. Novera decides disputed escrows at its reasonable discretion, may take as long as it needs to review, and can only direct the full escrow to one party. Novera's decision on where escrowed funds go is final as between Novera and you, but it does not decide any other claim you may have against the Provider or the Provider may have against you.
- Novera does not refund from its own funds. Novera is not obligated to compensate you for a Provider's failure to perform, and does not insure transactions.
- Payments made directly to a Provider outside the Escrow Program are governed solely by your arrangement with that Provider. Novera has no ability to refund them.
- If a service cannot be provided because of weather, mechanical failure, or other circumstances beyond the Provider's control, the parties are encouraged to reschedule or agree on a refund, and the Provider can cancel the escrow for a full refund at any time before release.
14. Customer and Provider Responsibilities
Providers are solely responsible for the accuracy,
legality, and completeness of their listings, menus, prices, and
availability; for the condition and safety of their goods,
equipment, and premises; for holding all licenses, permits, and
insurance that the law requires; for delivering what they agree to
deliver; and for collecting and remitting any taxes that apply to
their sales. By creating a listing, a Provider represents that it has
the legal right to offer the listed goods or services and that all
information provided is accurate.
Customers are responsible for reviewing listings,
prices, and Transaction Agreements before confirming; for meeting
any legal requirements to receive or use a service, including age,
licensing, and certification requirements; for providing accurate
information to Providers; and for paying what they agree to pay.
Novera does not verify the accuracy of listing information, the
condition of goods or equipment, or the identity, qualifications, or
conduct of any user. Providers and customers deal with each other at
their own risk.
15. Rentals, Experiences, and In-Person Services
Some services arranged through Novera take place in person and can
involve physical risk, including boat rentals, charters, and other
water-based activities. Novera does not provide insurance coverage
for any transaction, rental, or activity facilitated through the
Service.
- Providers are responsible for maintaining appropriate insurance for their vessels, vehicles, equipment, and operations, including liability and hull coverage and any coverage required by applicable law, and for complying with all applicable safety, licensing, and operating requirements.
- Customers are responsible for confirming that they and their guests meet all legal requirements to operate or participate, including boating licenses, safety certifications, and age limits, and are strongly encouraged to confirm that appropriate insurance is in place and to consider obtaining their own supplemental coverage.
- Boating and other in-person activities involve inherent dangers, including drowning, injury, property damage, and death. By using Novera to arrange such activities you acknowledge these risks and agree that you participate at your own risk and assume responsibility for your safety and the safety of your guests.
16. Content and Communications
You retain ownership of the content you create or share through
Novera, including messages, listings, photos, and reviews. By
posting content, you grant Novera a non-exclusive, worldwide,
royalty-free license to store, display, and distribute that content
within the Service to the extent needed to operate and improve the
Service. You are solely responsible for your content and for having
the rights to share it.
Novera's messaging is designed so that conversations are encrypted
on your device and readable only by the participants. Because of
this, Novera generally cannot read, restore, or moderate the content
of encrypted conversations, and you are responsible for keeping your
own copies of anything you need. The exception is anything you send
to the Novera AI assistant, which our systems must read in order to
respond; how that and other data is handled is described in our
Privacy Policy. Listings, orders, and other
information you choose to publish or share with a business are not
encrypted. Messages, listings, and transaction records may be stored
on Novera's relay servers and are retained as described in the
Privacy Policy.
17. Acceptable Use
You agree not to:
- Use the Service for any unlawful, fraudulent, deceptive, or harmful purpose.
- Create fraudulent listings, misrepresent the condition, availability, price, or features of goods or services, or accept escrows you do not intend to fulfil.
- Use the Service to launder money, finance illegal activity, or evade taxes, sanctions, or financial regulations, or use it if you are prohibited from doing so under applicable sanctions or export-control laws.
- Attempt to access other users' keys, wallets, encrypted data, or accounts, or interfere with or circumvent the Escrow Program, the relay, or any security feature.
- Interfere with the operation of the Service or its infrastructure, including by scraping, probing, overloading, or introducing malicious code.
- Harass, threaten, defraud, discriminate against, or abuse other users, or post content that is illegal or infringes others' rights.
- Use the Service to sell or provide goods or services that are illegal in the place of sale or delivery.
Novera may investigate suspected violations and may suspend or
terminate access as described in
Suspension and Termination.
18. Third-Party Services
The Service relies on and links to services that Novera does not
control, including Transak (fiat-to-USDC purchases and identity
verification), the Solana blockchain and the RPC providers used to
reach it, the issuer of USDC, hosting providers such as Vercel, and
mapping and address services such as Google Places. Each of these
services has its own terms and privacy practices, and Novera is not
responsible for their availability, performance, decisions, fees, or
handling of your data. Novera is also not responsible for the goods,
services, websites, or conduct of Providers or other users.
19. Blockchain and Smart-Contract Risks
Smart contracts are autonomous programs that execute exactly as
written, including when that is not what a user intended. You
acknowledge and accept that:
- The Escrow Program and the Solana network may contain defects, be exploited, be upgraded, or become congested or unavailable, and funds could be delayed or lost as a result.
- Transactions you sign are executed by the blockchain, not by Novera, and are final once confirmed. Novera cannot reverse them and does not guarantee that funds can never be lost.
- Deadlines in an escrow are measured by the blockchain's clock and enforced automatically, including auto-refund and auto-release, whether or not you are online.
- Novera may publish new versions of the Escrow Program or change its configuration for future escrows. Escrows already funded keep the terms recorded at funding.
- Digital-asset values, regulations, and network rules can change in ways that affect your ability to use the Service or the value of what you hold.
20. Service Availability and Changes
Novera is under active development. We may add, change, limit, or
discontinue features, supported regions, payment options, or the
Service itself at any time, with or without notice. We do not
guarantee that the Service will be available, uninterrupted, or
error-free, and we may suspend it for maintenance, security, or
legal reasons. Escrows already funded continue to be governed by the
Escrow Program on the blockchain even if the Novera application is
unavailable.
21. Intellectual Property
The Service, including its software, design, text, graphics, and the
Novera name and logo, is owned by Fitouch, LLC or its licensors and
is protected by intellectual-property laws. Subject to these Terms,
we grant you a limited, non-exclusive, non-transferable, revocable
license to use the Service for its intended purpose. You may not
copy, modify, distribute, sell, reverse-engineer, or create
derivative works from the Service except as permitted by law or by
a license we expressly publish. All rights not granted are reserved.
22. Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO
THE FULLEST EXTENT PERMITTED BY LAW, FITOUCH, LLC DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT.
Without limiting the above, Novera does not guarantee:
- The safety, quality, legality, or availability of any listed goods or services.
- The accuracy or reliability of any listing, price, AI-generated response, or other information on the Service.
- The identity, qualifications, or conduct of any user.
- That the Service, the relay, or any third-party service will be uninterrupted, secure, or error-free.
- That the Escrow Program or the Solana network will execute as intended under all conditions, or that escrowed funds cannot be delayed or lost.
- The value, stability, or availability of USDC or any other digital asset.
23. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITOUCH, LLC AND ITS
MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR
DIGITAL ASSETS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE
SERVICE, INCLUDING:
- Personal injury, property damage, or death arising from rentals, experiences, or services arranged through the Service.
- Loss of funds due to smart-contract behavior, blockchain or network issues, third-party services, user error, or digital-asset volatility.
- Loss of data, identity, or access due to loss of keys, passkeys, or devices.
- Acts or omissions of Providers, customers, Transak, or any other third party.
- Errors, interruptions, or failures of the Service or any third-party integration.
IN NO EVENT SHALL FITOUCH, LLC'S TOTAL LIABILITY TO YOU FOR ALL
CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS
EXCEED THE AMOUNT YOU HAVE PAID TO NOVERA IN PLATFORM FEES DURING
THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE
ABOVE MAY NOT APPLY TO YOU.
24. Indemnification
You agree to indemnify, defend, and hold harmless Fitouch, LLC and
its members, managers, officers, employees, and agents from any
claims, liabilities, damages, losses, and expenses (including
reasonable attorneys' fees) arising out of or related to your use of
the Service, your content or listings, your transactions with other
users, your violation of these Terms, or your violation of any
applicable law or the rights of any third party.
25. Suspension and Termination
You may stop using the Service at any time. Novera may suspend or
terminate your access to the Service, or remove listings or content,
at any time if we reasonably believe you have violated these Terms,
pose a risk to other users or to Novera, or if required by law.
Because your wallet and keys are on your device and escrows live on
the blockchain, suspension or termination of your access to the
Novera application does not give Novera control of your wallet and
does not by itself change the state of any escrow. Funded escrows
continue to be governed by the Escrow Program, and you can still
exercise your rights under it, including through other software.
Sections that by their nature should survive termination, including
those on fees owed, disclaimers, limitation of liability,
indemnification, and governing law, will survive.
26. Governing Law and Disputes With Novera
These Terms are governed by and construed in accordance with the
laws of the State of Connecticut, without regard to its
conflict-of-law provisions. Any dispute between you and Fitouch, LLC
arising from these Terms or your use of the Service shall be brought
in the state or federal courts located in the State of Connecticut,
and you consent to the personal jurisdiction of those courts.
Nothing in this section deprives you of the protection of any
provision of the law of the place where you live that cannot be
waived by agreement, including any right to bring a claim in your
local courts where applicable law requires it.
This section does not govern disputes between customers and
Providers, which are handled as described in
Cancellations, Refunds, and Disputes
and otherwise directly between those parties.
27. Changes to These Terms
We may update these Terms as the Service evolves. Changes will be
posted on this page with an updated revision date. For material
changes we will make reasonable efforts to notify active users,
for example within the Novera application. Continued use of the
Service after changes become effective constitutes acceptance of the
updated Terms. Changes do not alter the terms recorded for an escrow
that was funded before the change.