TERMS AND CONDITIONS

Novitas Technology LLC | EverAssist Platform Version: TOS-2026-01

Effective Date: June 27, 2026

Last Updated: June 27, 2026 novitastechnology.us | [email protected]


IMPORTANT NOTICE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING ANY EVERASSIST SUBSCRIPTION OR USING ANY SERVICE PROVIDED BY NOVITAS TECHNOLOGY LLC. THESE TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND NOVITAS TECHNOLOGY LLC. BY COMPLETING YOUR PURCHASE, CHECKING THE MANDATORY POLICY AGREEMENT CHECKBOX AT CHECKOUT, OR USING ANY EVERASSIST SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, INCLUDING ALL INCORPORATED POLICY DOCUMENTS LISTED IN SECTION 2.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT COMPLETE YOUR PURCHASE AND DO NOT USE ANY EVERASSIST SERVICE.


1. PARTIES AND DEFINITIONS

1.1 Parties

These Terms and Conditions ("Terms") are entered into between Novitas Technology LLC, a Wyoming limited liability company with principal business operations in Houston, Texas ("Novitas Technology LLC," "we," "us," or "our"), and the individual or business entity completing the EverAssist subscription purchase ("Subscriber," "Client," or "you").

1.2 Definitions

"Authority Vault" means the EverAssist subscription tier priced at $297.00 per month as further described in Section 5.

"Caden" means the outbound AI voice agent system included with all EverAssist subscription tiers. Caden is an automated artificial intelligence system, not a human representative.

"Checkout" means the EverAssist subscription purchase page hosted within the Novitas Technology LLC Platform through which Subscribers complete their subscription purchase.

"Dominion OS" means the custom-priced EverAssist subscription tier handled personally by Novitas Technology LLC leadership, as further described in Section 5.

"EverAssist" means the AI-powered follow-up and voice agent platform offered by Novitas Technology LLC, including all features, tools, integrations, AI voice agent services, SMS services, onboarding systems, client portals, and related services delivered to Subscribers under these Terms.

"Momentum Edge" means the EverAssist subscription tier priced at $99.00 per month as further described in Section 5.

"NPA" or "Novitas Partner Alliance" means the affiliate program operated by Novitas Technology LLC through which eligible participants earn commissions for referring new EverAssist Subscribers, governed by the NPA Affiliate Agreement incorporated herein.

"NAPA System" means the internal affiliate management and commission tracking infrastructure operated by Novitas Technology LLC to administer the NPA program.

"Platform" means the EverAssist platform and all associated websites, subdomains, funnel pages, client portals, onboarding systems, automation workflows, AI voice agent systems, SMS services, and related technology operated by Novitas Technology LLC, accessible at novitastechnology.us and everassist.pro.

"Reyna" means the inbound AI voice agent system included with all EverAssist subscription tiers. Reyna is an automated artificial intelligence system, not a human representative.

"Solopreneur" means the EverAssist subscription tier priced at $39.00 per month as further described in Section 5.

"Subscription Fees" means all monthly recurring fees, pass-through fees, and any other fees payable by the Subscriber in connection with their EverAssist subscription as set forth in Section 5.


2. INCORPORATED POLICY DOCUMENTS

The following policy documents are incorporated into these Terms by reference and form a binding part of the agreement between Novitas Technology LLC and each Subscriber. By accepting these Terms, you accept all incorporated policy documents in their entirety. All incorporated documents are available at novitastechnology.us.

Document Description Income Disclaimer Governs all representations regarding business outcomes, earnings, and results TCPA Acceptable Use Policy Governs all use of AI voice agent and SMS services Privacy Policy Governs the collection, use, storage, and sharing of personal information NPA Affiliate Agreement Governs participation in the Novitas Partner Alliance affiliate program Texas DTPA Disclaimer Addresses Texas Deceptive Trade Practices Act obligations Terms Version Control System and GHL Audit Trail Specification Governs the versioning, archiving, and audit trail infrastructure for these Terms California Jurisdiction Representation Clause and Addendum Governs jurisdiction-specific representations and arbitration enforceability. In the event of any conflict between these Terms and any incorporated policy document with respect to a matter specifically addressed by that policy document, the incorporated policy document controls with respect to that specific matter. In all other respects, these Terms control.


3. ACCEPTANCE OF TERMS

3.1 Methods of Acceptance

You accept these Terms and all incorporated policy documents by any of the following actions:

Checking the mandatory policy agreement checkbox at the EverAssist Checkout

Completing payment for any EverAssist subscription tier

Accessing or using any feature of the EverAssist Platform following a subscription purchase

3.2 Checkout Checkbox and Audit Trail

The EverAssist Checkout requires every Subscriber to affirmatively check a mandatory policy agreement checkbox before completing their purchase. By checking this checkbox, you confirm that you have read, understood, and agreed to these Terms and all incorporated policy documents. The Checkout system captures and records the following information at the time of purchase:

Your full name and contact information

The subscription tier selected

The date and time of purchase (UTC timestamp)

The IP address of your device at the time of purchase

Confirmation that the mandatory policy agreement checkbox was checked

The version number of the Terms and Conditions in effect at the time of purchase (TOS-2026-01)

The version number of the Privacy Policy in effect at the time of purchase (PP-2026-01)

This checkout record constitutes the binding electronic signature and audit trail for your agreement to these Terms under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and the Wyoming Uniform Electronic Transactions Act.

3.3 Eligibility

By accepting these Terms you represent and warrant that:

You are at least 18 years of age

You have the legal capacity and authority to enter into a binding contract on behalf of yourself or the business entity you represent

You are purchasing EverAssist for commercial business purposes and not for personal, family, or household use

If you are accepting these Terms on behalf of a business entity, you have the authority to bind that entity to these Terms

Your use of the EverAssist Platform will comply with all applicable federal, state, and local laws

3.4 Updates to Terms

Novitas Technology LLC reserves the right to update or modify these Terms at any time. When material changes are made, Novitas Technology LLC will publish a new version of the Terms with an updated version number and effective date, and will provide notice to active Subscribers via email to the address on file. Your continued use of the EverAssist Platform after the effective date of any updated Terms constitutes your acceptance of the updated Terms. If you do not agree to updated Terms, you must cancel your subscription before the updated Terms take effect.

All prior versions of these Terms are archived and available upon written request to [email protected]. The version of these Terms in effect at the time of your most recent subscription purchase or renewal is the version that governs the primary terms of your subscription relationship with Novitas Technology LLC.


4. NATURE OF SERVICES

4.1 EverAssist Platform Description

EverAssist is an AI-powered follow-up and voice agent automation platform designed for use by business owners, entrepreneurs, and commercial entities. EverAssist provides Subscribers with access to AI voice agent technology, automated follow-up communication tools, SMS communication services (on applicable tiers), onboarding systems, client portal access, and related features as described for each subscription tier in Section 5.

4.2 AI Voice Agents — Caden and Reyna

Caden and Reyna are artificial intelligence voice agents. They are not human representatives of Novitas Technology LLC or of any Subscriber. All calls placed or received through Caden and Reyna are automated communications initiated or handled by AI systems. Subscribers are solely responsible for ensuring that their use of Caden and Reyna complies with all applicable laws, including the Telephone Consumer Protection Act, all applicable FCC regulations, and all applicable state telemarketing and autodialer statutes.

Calls conducted through Caden and Reyna may be recorded. By using Caden or Reyna, Subscribers acknowledge that call recording may occur and accept responsibility for providing all legally required call recording disclosures to their contacts in all applicable jurisdictions, including all-party and two-party consent states.

4.3 Platform as a Tool

EverAssist is a technology tool. It is not a business consulting service, a sales guarantor, a lead generation guarantee, or a substitute for the Subscriber's own business development, marketing, and sales activities. The effectiveness of the EverAssist Platform in producing business results for any Subscriber depends entirely on factors outside the control of Novitas Technology LLC, including but not limited to the Subscriber's contact list quality, industry, sales process, offer quality, and implementation effort. Novitas Technology LLC makes no guarantee of any business outcome. See the incorporated Income Disclaimer for the full statement of results variability.

4.4 Platform Availability

Novitas Technology LLC does not guarantee any specific level of uptime, availability, or uninterrupted access to the EverAssist Platform. The Platform operates on third-party infrastructure including white-labeled CRM, voice communication, and automation platforms. Service interruptions may occur due to scheduled maintenance, third-party infrastructure issues, carrier disruptions, or circumstances outside the control of Novitas Technology LLC. Novitas Technology LLC will make commercially reasonable efforts to restore service following any interruption but is not liable for any losses arising from Platform unavailability.

4.5 Platform Modifications

Novitas Technology LLC reserves the right to modify, update, add, or remove Platform features at any time with or without prior notice. Novitas Technology LLC will make reasonable efforts to provide advance notice of material feature changes to active Subscribers. The removal or modification of a Platform feature does not entitle any Subscriber to a refund of Subscription Fees already paid unless the removed feature was the primary described service of the Subscriber's subscription tier and a substantially equivalent replacement is not provided.


5. SUBSCRIPTION TIERS, PRICING, AND PAYMENT

5.1 Subscription Tiers

EverAssist is offered in four subscription tiers. The features, pricing, and terms applicable to each tier are as follows:

Solopreneur — $39.00 per month

No setup fee

15-day no-risk trial period

Email follow-up automation only — no SMS

AI voice agents Caden (outbound) and Reyna (inbound) included

48-hour go-live timeline from completed onboarding

Refund policy: A full refund will be issued if a cancellation request is received at least 48 hours before the end of Day 15 of the trial period. No refund is available after the trial period expires or if the cancellation request is received less than 48 hours before the end of Day 15.

A2P 10DLC registration not applicable — no SMS on this tier

Momentum Edge — $99.00 per month

No setup fee

No trial period

All fees are non-refundable upon purchase

Email and SMS follow-up automation included

AI voice agents Caden (outbound) and Reyna (inbound) included

A2P 10DLC Low Volume Standard registration required — $27.95 pass-through fee applies

A2P Compliance SmartSite included as a deliverable

Authority Vault — $297.00 per month

No setup fee

No trial period

All fees are non-refundable upon purchase

Email and SMS follow-up automation included

AI voice agents Caden (outbound) and Reyna (inbound) included

A2P 10DLC Low Volume Standard registration required — $27.95 pass-through fee applies

A2P Compliance SmartSite included as a deliverable

Strategy intake included

Dominion OS — Custom Pricing

Custom pricing established at the time of engagement

No trial period

All fees are non-refundable upon purchase

Handled personally by Novitas Technology LLC leadership

Requires completion of a two-call sequence: free AXIS Discovery Session followed by a paid Blueprint call

A2P 10DLC Low Volume Standard registration required — $27.95 pass-through fee applies

All Dominion OS engagements are subject to a separately executed Dominion OS addendum in addition to these Terms

5.2 A2P 10DLC Pass-Through Fee

The $27.95 A2P 10DLC Low Volume Standard pass-through fee applicable to Momentum Edge, Authority Vault, and Dominion OS is a regulatory compliance cost charged by telecommunications carriers and messaging aggregators in connection with commercial SMS registration. This fee is passed through to the Subscriber at cost. It is non-refundable. Novitas Technology LLC does not profit from this fee. Payment of this fee does not guarantee A2P 10DLC registration approval, SMS deliverability, or carrier acceptance. Novitas Technology LLC is not responsible for A2P 10DLC registration rejections attributable to inaccurate information provided by the Subscriber.

5.3 Payment

All Subscription Fees are charged on a monthly recurring basis. Payment is processed through Novitas Technology LLC's authorized payment processor(s) at the time of purchase and on each monthly renewal date thereafter. By completing your purchase, you authorize Novitas Technology LLC's authorized payment processor(s) to charge your payment method on file for all Subscription Fees as they become due. Novitas Technology LLC does not store full payment card numbers on its own systems.

All Subscription Fees are stated in U.S. dollars. You are responsible for all applicable taxes, duties, and fees associated with your subscription in your jurisdiction.

5.4 Failed Payments

If a scheduled payment fails, Novitas Technology LLC reserves the right to suspend access to the EverAssist Platform until payment is received. Novitas Technology LLC will make reasonable efforts to notify you of a failed payment before suspending access. Repeated payment failures may result in termination of your subscription.

You agree to pay all overdue amounts by alternative means acceptable to Novitas Technology LLC. In the event that legal action or collection proceedings are required to recover any overdue Subscription Fees or other amounts owed under these Terms, you agree to reimburse Novitas Technology LLC for all costs of collection, including reasonable attorney fees, court costs, and other legal expenses incurred in pursuing recovery.

5.5 Subscription Renewal

All EverAssist subscriptions renew automatically on a monthly basis on the same calendar date as the original purchase date. You will be charged the then-current monthly Subscription Fee for your tier on each renewal date unless you cancel your subscription before the renewal date in accordance with Section 6.

5.6 Pricing Changes

Novitas Technology LLC reserves the right to change Subscription Fee pricing upon thirty (30) days' written notice to active Subscribers. Price changes take effect on the first renewal date following the expiration of the 30-day notice period. Your continued use of the EverAssist Platform after a price change takes effect constitutes your acceptance of the new pricing.


6. CANCELLATION, DOWNGRADE, AND REFUND POLICY

6.1 Cancellation

You may cancel your EverAssist subscription at any time by submitting a written cancellation request to [email protected]. To ensure your cancellation is processed before your next billing date, cancellation requests must be received by Novitas Technology LLC at least five (5) business days before your next scheduled billing date. Cancellation requests received less than five business days before the next billing date may not be processed until after that billing date, in which case one additional month of Subscription Fees will be charged and you will retain access through the end of that additional paid period. Cancellation requests submitted through any channel other than the support email address may not be processed and do not constitute a valid cancellation.

Upon cancellation, you will retain access to the EverAssist Platform through the end of your current paid billing period. Access is terminated at the end of the paid period. No partial-month refunds are issued for cancellations that take effect mid-billing-cycle, except as provided in the Solopreneur trial period terms in Section 5.1.

6.2 Tier Downgrade

If you wish to downgrade your subscription from a higher tier to a lower tier — for example from Authority Vault to Momentum Edge, or from Momentum Edge to Solopreneur — the downgrade will take effect at the start of your next billing cycle following the downgrade request. You will continue to be charged at your current tier rate and will retain access to your current tier features through the end of the current billing cycle. No partial-month credits or refunds are issued in connection with a downgrade request.

Downgrade requests must be submitted in writing to [email protected].

6.3 Tier Upgrade

Tier upgrades take effect immediately upon payment of the upgraded tier's Subscription Fee. No prorated credit is applied for the remaining days of the current billing cycle on the lower tier. Your next billing date and monthly billing cycle reset to the date of the upgrade.

6.4 Refund Policy

Except as specifically provided in the Solopreneur trial period terms in Section 5.1, all Subscription Fees are non-refundable. This includes but is not limited to:

Monthly subscription fees for any billing period already initiated

A2P 10DLC pass-through fees

Any fees paid in connection with Dominion OS engagements

Any fees paid following the expiration of the Solopreneur trial period

The non-refundable nature of Subscription Fees is a material term of this agreement. By completing your purchase, you expressly acknowledge and accept this refund policy. Novitas Technology LLC's delivery of a functional EverAssist Platform that operates as described in these Terms — regardless of the business results it generates for you — does not constitute grounds for a refund.

6.5 Refund Processing Timeline

Where a refund is approved under the Solopreneur 15-day trial terms in Section 5.1, Novitas Technology LLC will confirm the approved refund via email within one (1) business day of receiving a qualifying cancellation request. Approved refunds will be processed to the original payment method within five (5) to seven (7) business days of confirmation. Novitas Technology LLC is not responsible for additional processing delays imposed by your financial institution or card issuer. Refunds are issued solely to the original payment method used at purchase.

6.5 Chargebacks

Initiating a chargeback or payment dispute with your payment provider for any Subscription Fee that was validly charged under these Terms is a breach of these Terms. In the event of a chargeback, Novitas Technology LLC reserves the right to immediately suspend or terminate your EverAssist account, pursue collection of the disputed amount through all available legal means, and report the chargeback to applicable payment networks. Novitas Technology LLC maintains a complete audit trail of all purchases as described in the incorporated Terms Version Control System and GHL Audit Trail Specification, which will be produced in defense of any chargeback.


7. ACCEPTABLE USE POLICY

7.1 Permitted Uses

The EverAssist Platform is provided exclusively for lawful commercial business purposes. Subscribers may use the Platform to automate follow-up communications, deploy AI voice agent services, send SMS communications on applicable tiers, manage business contacts, and conduct other business operations consistent with the features and limitations of their subscription tier and these Terms.

7.2 Prohibited Uses — General

The following uses of the EverAssist Platform are strictly prohibited regardless of subscription tier:

Illegal activity: Using the Platform for any purpose that violates any applicable federal, state, local, or international law or regulation, including but not limited to laws governing fraud, deceptive trade practices, consumer protection, data privacy, intellectual property, and harassment

Impersonation: Using the Platform to impersonate any person, business entity, government agency, or other organization, or to transmit false or misleading caller identification information

Harassment and abuse: Using the Platform to harass, threaten, intimidate, defame, or abuse any individual or group

Minors: Using the Platform to contact, market to, collect data from, or communicate with any individual under the age of 18 in any capacity

Malware and harmful code: Using the Platform to transmit any virus, malware, spyware, or other harmful code or content

Unauthorized data collection: Using the Platform to collect personal information from individuals without their knowledge and consent

Competitive intelligence abuse: Using the Platform to scrape, harvest, or systematically collect data about Novitas Technology LLC's clients, platform architecture, or business operations for the benefit of any competitor of Novitas Technology LLC

Platform circumvention: Attempting to reverse engineer, decompile, disassemble, or otherwise circumvent any security, access control, or technical limitation of the Platform

Unauthorized access: Attempting to gain unauthorized access to any portion of the Platform, any other Subscriber's account, or any system or network connected to the Platform

Resale without authorization: Reselling, sublicensing, or otherwise providing access to the Platform to any third party without the prior written authorization of Novitas Technology LLC

Interference: Interfering with or disrupting the integrity or performance of the Platform or any system or network connected to it

False information: Providing false, inaccurate, or misleading information to Novitas Technology LLC in connection with your subscription, onboarding, A2P 10DLC registration, or any other Platform process

7.3 Prohibited Uses — AI Voice Agent and SMS Specific

All use of Caden, Reyna, and SMS services is additionally governed by the incorporated TCPA Acceptable Use Policy. In addition to the prohibitions in that policy, the following are specifically prohibited:

Using Caden or Reyna to make representations that the caller is a human when directly and sincerely asked by the recipient

Using the Platform to conduct automated outreach campaigns to contact lists that were purchased, scraped, or acquired through any means other than direct affirmative consent from each individual contact

Using SMS services on the Solopreneur tier, which is an email-only tier

Using the Platform to send communications that violate the CAN-SPAM Act, the TCPA, or any applicable state telemarketing or messaging law

Using the Platform for political campaign communications, emergency communications, or any other high-risk communication category that requires specialized consent frameworks not addressed in the onboarding process, without prior written authorization from Novitas Technology LLC

7.4 Prohibited Uses — Content Standards

All content uploaded to, transmitted through, or generated using the EverAssist Platform must comply with the following content standards. The following content is prohibited:

Content that is unlawful, defamatory, libelous, obscene, pornographic, sexually explicit, or harmful to minors

Content that promotes violence, terrorism, hate speech, or discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, national origin, or any other protected characteristic

Content that infringes the intellectual property rights of any third party, including copyrights, trademarks, patents, or trade secrets

Content that constitutes unauthorized advertising or solicitation

Content that contains false, misleading, or deceptive claims about any product, service, person, or organization

Content that violates any applicable privacy law or that discloses personal information about any individual without their consent

7.5 Subscriber Responsibility for Content and Contacts

Subscribers are solely responsible for all content uploaded to, transmitted through, or generated using the EverAssist Platform on their behalf. Novitas Technology LLC does not review, pre-approve, or take responsibility for the specific content of any AI-generated communication delivered on a Subscriber's behalf. Subscribers are solely responsible for the accuracy, legality, and appropriateness of all content and communications produced through their account.

Subscribers are solely responsible for the lawful collection, accuracy, and compliance of all contact lists and contact data uploaded to the Platform. Novitas Technology LLC processes contact data uploaded by Subscribers as a service provider acting on the Subscriber's behalf. The Subscriber is the data controller with respect to their uploaded contact data.

7.6 Enforcement

Novitas Technology LLC reserves the right, in its sole discretion, to investigate any suspected violation of this Acceptable Use Policy. Upon determining that a violation has occurred or is occurring, Novitas Technology LLC may take any of the following actions without prior notice:

Issue a written warning to the Subscriber

Temporarily suspend the Subscriber's access to the Platform or specific Platform features

Permanently terminate the Subscriber's account

Report the violation to applicable law enforcement or regulatory authorities

Pursue all available legal remedies against the Subscriber

A Subscriber whose account is terminated for violation of this Acceptable Use Policy is not entitled to any refund of Subscription Fees paid and remains liable for all obligations incurred prior to termination.


8. INTELLECTUAL PROPERTY

8.1 Novitas Technology LLC Intellectual Property

All intellectual property in and to the EverAssist Platform, including but not limited to the Platform's software, architecture, design, user interface, AI systems, voice agent technology, branding, trademarks, trade names, logos, training materials, scripts, and all content created by Novitas Technology LLC, is the exclusive property of Novitas Technology LLC and is protected by applicable intellectual property laws. These Terms do not transfer any ownership interest in any Novitas Technology LLC intellectual property to any Subscriber.

8.2 License to Use the Platform

Subject to these Terms and the payment of all applicable Subscription Fees, Novitas Technology LLC grants each Subscriber a limited, non-exclusive, non-transferable, revocable license to access and use the EverAssist Platform solely for the Subscriber's own internal commercial business purposes during the Subscriber's active subscription term. This license does not include the right to copy, modify, distribute, sell, sublicense, or create derivative works from any Novitas Technology LLC intellectual property.

8.3 Subscriber Content License

By uploading content, contact data, business information, scripts, or other materials to the EverAssist Platform, the Subscriber grants Novitas Technology LLC a non-exclusive, worldwide, royalty-free license to use, process, store, and transmit that content solely as necessary to provide the EverAssist services to the Subscriber during the active subscription term. This license terminates upon termination of the Subscriber's account, subject to Novitas Technology LLC's data retention obligations under the Privacy Policy.

8.4 Aggregated and Anonymized Data License

Novitas Technology LLC may collect, analyze, and use aggregated and anonymized data derived from Subscriber usage of the Platform for the purpose of improving Platform features, training AI systems, developing new products and services, and conducting internal research and analytics. Aggregated and anonymized data does not identify any individual Subscriber, any Subscriber's clients or contacts, or any specific Subscriber's business information. Novitas Technology LLC's use of aggregated and anonymized data is not limited by the termination of any Subscriber's account. No Subscriber has any claim to compensation or ownership in connection with Novitas Technology LLC's use of aggregated and anonymized data.

8.5 Feedback

If a Subscriber provides Novitas Technology LLC with feedback, suggestions, or ideas regarding the Platform, Novitas Technology LLC may use that feedback without restriction and without any obligation to compensate the Subscriber. By submitting feedback, the Subscriber assigns to Novitas Technology LLC all rights in and to that feedback.


9. CONFIDENTIALITY

9.1 Novitas Technology LLC Confidential Information

In connection with the EverAssist subscription, Subscribers may receive access to non-public information regarding Novitas Technology LLC's Platform architecture, AI systems, pricing structures, business operations, client relationships, and strategic plans. Subscribers agree to maintain the confidentiality of all such information, to use it solely for the purpose of using the EverAssist Platform for their own business purposes, and not to disclose it to any third party without the prior written consent of Novitas Technology LLC. This confidentiality obligation survives termination of the Subscriber's account for a period of three (3) years.

9.2 Subscriber Confidential Information

Novitas Technology LLC treats Subscriber business information, contact data, and account information as confidential in accordance with the incorporated Privacy Policy. Novitas Technology LLC does not sell Subscriber personal information or contact data to third parties.


10. NOVITAS PARTNER ALLIANCE — AUTO-ENROLLMENT

10.1 Automatic NPA Enrollment

All EverAssist Subscribers are automatically enrolled in the Novitas Partner Alliance (NPA) upon completing their subscription purchase. Automatic enrollment does not activate a referral link or create any Commission entitlement. To earn Commissions through the NPA, Subscribers must separately execute the NPA Affiliate Agreement incorporated into these Terms. Referral links are activated only upon full execution of the NPA Affiliate Agreement.

10.2 NPA Terms

All NPA participation is governed by the NPA Affiliate Agreement incorporated into these Terms. Auto-enrollment in the NPA does not modify or supplement any provision of the NPA Affiliate Agreement. The NPA Affiliate Agreement's requirement that the agreement be fully executed before any Commission is earned applies regardless of auto-enrollment status.


11. DATA PRIVACY AND SECURITY

11.1 Privacy Policy

The collection, use, storage, sharing, and protection of personal information by Novitas Technology LLC is governed by the incorporated Privacy Policy. The Privacy Policy is incorporated into these Terms by reference and forms a binding part of the Subscriber's agreement with Novitas Technology LLC.

11.2 Subscriber Data Responsibilities

Subscribers who upload personal information about third parties — including contact lists, lead data, and client information — to the EverAssist Platform are solely responsible for:

Obtaining all necessary consent from those individuals for the collection and use of their personal information

Ensuring that their data collection and use practices comply with all applicable privacy, data protection, and telemarketing laws

Maintaining their own privacy policies that accurately describe their data practices to their clients and contacts

Complying with all data subject rights requests they receive from individuals whose data has been uploaded to the Platform

11.3 Data Security

Novitas Technology LLC implements commercially reasonable security measures to protect the Platform and Subscriber data. No method of electronic transmission or storage is completely secure. Novitas Technology LLC does not guarantee the absolute security of any data transmitted to or stored on the Platform. In the event of a data security incident, Novitas Technology LLC will comply with all applicable breach notification requirements.


12. DISCLAIMERS OF WARRANTIES

12.1 As-Is Basis

THE EVERASSIST PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVITAS TECHNOLOGY LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

ANY IMPLIED WARRANTY OF MERCHANTABILITY

ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE

ANY IMPLIED WARRANTY OF NON-INFRINGEMENT

ANY WARRANTY THAT THE PLATFORM WILL MEET ANY SUBSCRIBER'S SPECIFIC BUSINESS REQUIREMENTS

ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS

ANY WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY AI-GENERATED CONTENT

12.2 No Warranty of Results

NOVITAS TECHNOLOGY LLC MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT USE OF THE EVERASSIST PLATFORM WILL GENERATE ANY SPECIFIC BUSINESS OUTCOME, LEVEL OF REVENUE, NUMBER OF LEADS, APPOINTMENTS, CLOSED SALES, OR ANY OTHER MEASURABLE RESULT FOR ANY SUBSCRIBER. THE INCOME DISCLAIMER INCORPORATED INTO THESE TERMS IS A MATERIAL PART OF THIS WARRANTY DISCLAIMER.

12.3 Third-Party Services

The EverAssist Platform operates in part through third-party infrastructure, telecommunications carriers, AI platforms, and automation services. Novitas Technology LLC makes no warranty regarding the performance, availability, or reliability of any third-party service or infrastructure. Novitas Technology LLC is not responsible for any failure, interruption, or degradation of Platform services caused by third-party service providers.


13. LIMITATION OF LIABILITY

13.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVITAS TECHNOLOGY LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, THE EVERASSIST PLATFORM, OR THE SUBSCRIBER'S USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND REGARDLESS OF WHETHER NOVITAS TECHNOLOGY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Cap on Direct Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVITAS TECHNOLOGY LLC'S TOTAL LIABILITY TO ANY SUBSCRIBER FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE EVERASSIST PLATFORM, WHETHER ARISING IN CONTRACT, TORT, STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY THAT SUBSCRIBER TO NOVITAS TECHNOLOGY LLC IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00 USD), WHICHEVER IS LESS.

13.3 Essential Basis

THE LIMITATIONS OF LIABILITY IN THIS SECTION 13 ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN NOVITAS TECHNOLOGY LLC AND EACH SUBSCRIBER. NOVITAS TECHNOLOGY LLC WOULD NOT PROVIDE THE EVERASSIST PLATFORM AT THE SUBSCRIPTION PRICES SET FORTH IN THESE TERMS WITHOUT THESE LIMITATIONS. THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

13.4 Third-Party Infrastructure

Novitas Technology LLC's liability for any data security incident, service interruption, or data loss originating at the infrastructure provider level is limited to the cap set forth in Section 13.2. Novitas Technology LLC is not liable for any damages arising from the acts or omissions of any third-party infrastructure provider, telecommunications carrier, AI platform vendor, or automation service provider.


14. INDEMNIFICATION

14.1 Subscriber Indemnification Obligation

Each Subscriber agrees to defend, indemnify, and hold harmless Novitas Technology LLC, its members, managers, officers, employees, agents, contractors, successors, and assigns from and against any and all claims, demands, lawsuits, regulatory actions, enforcement proceedings, losses, damages, fines, penalties, costs, and expenses — including reasonable attorneys' fees — arising out of or relating to:

The Subscriber's use of the EverAssist Platform in violation of these Terms or any incorporated policy document

Any violation of the TCPA, FCC regulations, CAN-SPAM Act, or any applicable state telemarketing or messaging law by the Subscriber

Any privacy law violation arising from the Subscriber's collection, use, or processing of personal information through the Platform

Any false, misleading, or unauthorized claim made by the Subscriber in connection with their use of the Platform

Any content uploaded to, transmitted through, or generated using the Platform on the Subscriber's behalf that violates these Terms or any applicable law

Any claim by any third party arising from the Subscriber's use of the Platform, including claims by the Subscriber's contacts that they did not consent to receive automated communications

Any breach of these Terms or any incorporated policy document by the Subscriber

14.2 Indemnification Procedure

Novitas Technology LLC will notify the Subscriber promptly of any claim for which indemnification is sought. The Subscriber will have the right to assume control of the defense of such claim with counsel reasonably acceptable to Novitas Technology LLC, provided that Novitas Technology LLC retains the right to participate in the defense at its own expense. The Subscriber will not settle any claim without the prior written consent of Novitas Technology LLC if the settlement imposes any obligation or restriction on Novitas Technology LLC.


15. TERM AND TERMINATION

15.1 Term

These Terms are effective upon your first acceptance and continue on a month-to-month basis for as long as your EverAssist subscription remains active, unless earlier terminated in accordance with this Section 15.

15.2 Termination by Subscriber

You may terminate your subscription and these Terms at any time by providing written cancellation notice to [email protected] in accordance with Section 6.1. These Terms remain in effect through the end of your final paid billing period. All provisions that by their nature should survive termination will survive.

15.3 Termination by Novitas Technology LLC for Cause

Novitas Technology LLC may terminate your subscription and these Terms immediately and without prior notice for cause, including without limitation:

Any material breach of these Terms or any incorporated policy document

Any violation of the Acceptable Use Policy in Section 7

Any violation of the TCPA Acceptable Use Policy

Any conduct that creates legal or regulatory exposure for Novitas Technology LLC

Any fraudulent, deceptive, or illegal activity in connection with the Platform

Non-payment of Subscription Fees

Initiation of a chargeback or payment dispute

Termination for cause does not entitle the Subscriber to any refund of Subscription Fees paid.

15.4 Termination by Novitas Technology LLC Without Cause

Novitas Technology LLC may terminate any Subscriber's account without cause upon thirty (30) days' written notice. In the event of a without-cause termination by Novitas Technology LLC, the Subscriber will receive a prorated refund of any prepaid Subscription Fees for the period following the termination date. This is the only circumstance in which a prorated refund of non-Solopreneur Subscription Fees will be issued.

15.5 Effect of Termination

Upon termination of your subscription for any reason:

Your access to the EverAssist Platform will be terminated at the end of the final paid period (or immediately for termination for cause)

All licenses granted to you under these Terms will terminate

All data associated with your account may be deleted in accordance with the retention schedules in the Privacy Policy

All provisions of these Terms that by their nature should survive termination will survive, including without limitation Sections 8, 9, 12, 13, 14, 16, 17, and 18


16. TEXAS DTPA — JURISDICTION NOTICE

Novitas Technology LLC is physically operated from Houston, Texas. The Texas Deceptive Trade Practices Act (Texas Business and Commerce Code Chapter 17) may apply to certain transactions. The full Texas DTPA Disclaimer is incorporated into these Terms by reference. Subscribers are directed to review the Texas DTPA Disclaimer, which includes specific disclosures regarding the non-applicability of the DTPA to commercial business transactions, the DTPA waiver applicable to qualifying Subscribers, and the pre-suit notice requirements applicable to any DTPA claim.


17. CALIFORNIA RESIDENTS

The California Jurisdiction Representation Clause and Addendum is incorporated into these Terms by reference and applies to all Subscribers, with specific additional provisions applicable to California residents. California Resident Subscribers are specifically directed to review Section 4.6 of the California Addendum, which provides a 30-day opt-out right from the mandatory arbitration clause. Failure to exercise the opt-out right within 30 days of the initial subscription purchase constitutes acceptance of mandatory arbitration.


18. DISPUTE RESOLUTION, ARBITRATION, AND GOVERNING LAW

18.1 Governing Law

These Terms and all disputes arising out of or related to these Terms or the EverAssist Platform are governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. Novitas Technology LLC is a Wyoming limited liability company and the choice of Wyoming law reflects a legitimate and substantial relationship between the parties' agreement and the State of Wyoming.

18.2 Mandatory Binding Arbitration

EXCEPT AS PROVIDED IN SECTIONS 18.5 AND 18.6, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATED TO THESE TERMS, ANY INCORPORATED POLICY DOCUMENT, THE EVERASSIST PLATFORM, OR ANY SUBSCRIBER'S USE OF ANY EVERASSIST SERVICE SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS COMMERCIAL ARBITRATION RULES. THE ARBITRATION SHALL BE CONDUCTED BY A SINGLE ARBITRATOR IN THE STATE OF WYOMING. THE ARBITRATOR SHALL APPLY THE SUBSTANTIVE LAW OF THE STATE OF WYOMING. THE ARBITRATOR'S AWARD SHALL BE FINAL AND BINDING AND MAY BE CONFIRMED AND ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

18.3 Class Action and Representative Action Waiver

EACH SUBSCRIBER WAIVES ANY RIGHT TO BRING ANY DISPUTE AS A CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, OR REPRESENTATIVE ACTION OF ANY KIND. EACH SUBSCRIBER WAIVES ANY RIGHT TO PARTICIPATE AS A CLASS MEMBER IN ANY CLASS ACTION BROUGHT BY ANY OTHER PARTY. ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

18.4 Jury Trial Waiver

BY ACCEPTING THESE TERMS, EACH SUBSCRIBER WAIVES THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE COVERED BY THE ARBITRATION CLAUSE IN SECTION 18.2.

18.5 Small Claims Exception

Either party may bring an individual action in small claims court for disputes within the jurisdictional limit of that court, provided the action remains an individual action and is not brought as a class or representative proceeding.

18.6 Injunctive Relief Exception

Novitas Technology LLC reserves the right to seek temporary restraining orders, preliminary injunctions, or other emergency equitable relief from any court of competent jurisdiction to prevent irreparable harm, without first submitting the matter to arbitration and without waiving its right to compel arbitration of the underlying dispute.

18.7 Pre-Dispute Notice Requirement

Before initiating any arbitration proceeding, the initiating party must provide the other party with written notice of the dispute at least thirty (30) days before filing. The notice must describe the specific dispute, the relief sought, and the factual basis for the claim. The parties agree to attempt to resolve the dispute informally during this 30-day period. This pre-dispute notice requirement is a condition precedent to initiating arbitration.

18.8 Arbitration Costs

Each party is responsible for its own attorneys' fees in connection with arbitration. AAA filing fees and arbitrator fees will be allocated in accordance with AAA Commercial Arbitration Rules, except that Novitas Technology LLC will pay all AAA fees if the Subscriber's claim does not exceed $10,000.00 and the claim is not determined by the arbitrator to be frivolous.

18.9 Severability of Arbitration Clause

If any portion of the arbitration clause in this Section 18 is found to be unenforceable, the unenforceable portion will be severed and the remaining portions will remain in full force and effect, except that if the class action waiver in Section 18.3 is found to be unenforceable and that finding cannot be remedied, the entire arbitration clause will be null and void and the dispute will be resolved in a court of competent jurisdiction in Wyoming applying Wyoming law.

18.10 Federal Arbitration Act

These Terms evidence a transaction involving commerce within the meaning of the Federal Arbitration Act (9 U.S.C. § 1 et seq.). The Federal Arbitration Act governs the interpretation and enforcement of the arbitration clause in this Section 18 and preempts any state law that would otherwise render the arbitration clause or class action waiver unenforceable.


19. FORCE MAJEURE

Novitas Technology LLC shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay results from causes beyond the reasonable control of Novitas Technology LLC, including but not limited to acts of God, war, terrorism, government action or regulation, pandemic or public health emergency, natural disaster, carrier or telecommunications network failure, third-party infrastructure outage, or labor disturbance. Novitas Technology LLC will make commercially reasonable efforts to resume performance as soon as practicable following the cessation of any force majeure event and will provide notice to affected Subscribers where feasible.


20. GENERAL PROVISIONS

20.1 Entire Agreement

These Terms, together with all incorporated policy documents listed in Section 2 and any separately executed addenda (including any Dominion OS addendum), constitute the entire agreement between Novitas Technology LLC and each Subscriber with respect to the EverAssist Platform and supersede all prior agreements, representations, warranties, and understandings, whether written or oral, relating to the subject matter hereof.

20.2 Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

20.3 No Waiver

Novitas Technology LLC's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of a specific breach of these Terms does not constitute a waiver of any subsequent breach.

20.4 Assignment

Novitas Technology LLC may assign these Terms or any rights or obligations hereunder, in whole or in part, at any time without notice to or consent from any Subscriber, including in connection with a merger, acquisition, or sale of all or substantially all of Novitas Technology LLC's assets. Subscribers may not assign these Terms or any rights or obligations hereunder without the prior written consent of Novitas Technology LLC. Any purported assignment by a Subscriber without such consent is void.

20.5 Notices

All notices to Novitas Technology LLC under these Terms must be in writing and sent to [email protected]. Notices from Novitas Technology LLC to Subscribers will be sent to the email address associated with the Subscriber's account. Notice is deemed received upon transmission for email communications.

20.6 Relationship of Parties

Subscribers are independent parties contracting for access to the EverAssist Platform. Nothing in these Terms creates an employment relationship, partnership, joint venture, agency, or franchise between Novitas Technology LLC and any Subscriber. Subscribers have no authority to bind Novitas Technology LLC to any contract, obligation, or representation.

20.7 Headings

Section headings in these Terms are for convenience only and have no legal effect on the interpretation of these Terms.

20.8 Language

These Terms are written in the English language. In the event of any conflict between an English version and any translation of these Terms, the English version controls.

20.9 Contact Information

For all questions, support requests, cancellation requests, and legal notices:

Novitas Technology LLC Email: [email protected] Website: novitastechnology.us


SUBSCRIBER ACKNOWLEDGMENT

By completing the EverAssist subscription purchase and checking the mandatory policy agreement checkbox at Checkout, you acknowledge and confirm that:

You have read these Terms and Conditions in their entirety

You have read all incorporated policy documents listed in Section 2

You agree to be bound by these Terms and all incorporated policy documents

You are purchasing EverAssist for commercial business purposes and not for personal, family, or household use

You understand and accept the non-refundable nature of Subscription Fees applicable to your tier

You understand and accept the mandatory arbitration clause and class action waiver in Section 18

You understand your right, if you are a California resident, to opt out of arbitration within 30 days of purchase under the California Jurisdiction Representation

Clause and Addendum

No representation of guaranteed business outcomes has been made to you in connection with this purchase

You accept all terms of the incorporated TCPA Acceptable Use Policy and certify that your contact lists are legally compliant

You have had a reasonable opportunity to review these Terms and seek independent legal counsel prior to completing your purchase


Novitas Technology LLC Terms and Conditions | Version TOS-2026-01 | Effective June 27, 2026 | Governing Law: State of Wyoming | novitastechnology.us | [email protected]