Welcome to Novitrac. These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("User", "Customer", "you"), and Enovitec Group LLC ("Company", "Enovitec", "we", "us", or "our"), the owner and operator of the Novitrac platform ("Novitrac", "Platform"). These Terms govern your access to and use of the novitrac.com and app.novitrac.com websites, software, APIs, mobile applications, and related services offered under the Novitrac brand (collectively, the "Services").
By accessing or using the Platform, you agree that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.
1. Ownership & Description of Services
Novitrac is a cloud-based software platform owned and operated by Enovitec Group LLC. The Platform enables users to build, train, deploy, and manage artificial intelligence (AI) voice agents, automated calling systems, communication workflows, CRM integrations, and web engagement tools. The platform facilitates telecommunication routing, automated text-to-speech, natural language understanding, SMS/messaging, and webhook triggers.
2. Eligibility & Account Registration
- Age Requirement: You must be at least 18 years of age (or the legal age of majority in your jurisdiction) to use the Services.
- Account Accuracy: You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.
- Account Security: You are responsible for safeguarding your login credentials and for all activities that occur under your account. You must notify us immediately at contact@novitrac.com of any unauthorized use of your account.
3. Subscription, Credits & Payments
- Free Trial & Billing: We may offer a free trial or initial credit bonus. Upon trial expiration or exhaustion of credits, continued use requires selection of a paid subscription plan or pay-as-you-go credit purchase.
- Auto-Renewal: Subscriptions automatically renew on a recurring basis (monthly or annually) unless canceled prior to the renewal date via your account settings or by contacting contact@novitrac.com.
- Usage Charges: Telecommunication costs (e.g., inbound/outbound call minutes, phone number rentals, SMS messaging, carrier fees) are billed against your account balance or credit allocation.
- Refunds: All fees and purchased credits are non-refundable, except as required by applicable law or explicitly agreed to in writing by Enovitec Group LLC.
4. Telecommunications & Regulatory Compliance
By using Novitrac's voice, call, SMS, and outreach features, you acknowledge and agree that you are solely responsible for ensuring that your communications comply with all applicable local, state, national, and international laws, regulations, and industry standards, including but not limited to:
- TCPA & Do-Not-Call Compliance: The United States Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), national and state Do-Not-Call (DNC) registries, and state-level automated calling regulations.
- Consent & Opt-Outs: Obtaining proper, verifiable prior express written consent from call and SMS recipients where required, and honoring all opt-out or revocation requests promptly.
- A2P 10DLC & Carrier Standards: Registering messaging brands/campaigns and adhering to mobile carrier policies regarding spam prevention and content restrictions.
- Call Recording & Privacy Laws: Complying with all federal and state wiretapping and call recording laws, including providing required consent notices (e.g., "This call may be recorded or monitored") to participants before or at the start of a conversation.
Novitrac operates solely as a software technology platform. Enovitec Group LLC does not provide consumer leads, verify recipient consent on your behalf, or act as the initiator of your outbound campaigns.
5. Acceptable Use Policy
You agree not to use the Platform to:
- Conduct illegal, fraudulent, deceptive, or misleading calling or messaging campaigns (including caller ID spoofing, phishing, or impersonating emergency services or government officials).
- Transmit unsolicited commercial communications (spam) in violation of applicable laws.
- Upload, transmit, or process content that is unlawful, harmful, defamatory, harassing, obscene, or infringes on any third party's intellectual property or privacy rights.
- Attempt to reverse engineer, decompile, bypass, or undermine the security, integrity, or source code of the Platform.
- Use AI voice agents to commit fraud, impersonate individuals without legal consent, or engage in malicious deepfake activities.
6. AI Output & Data Rights
AI Generation Disclosure: You acknowledge that voice interactions and text generation on the Platform are powered by artificial intelligence. Enovitec Group LLC does not guarantee that AI outputs will always be error-free, complete, or accurate. You are responsible for reviewing and verifying AI agent behavior and outputs.
Customer Data Ownership: You retain all rights, title, and interest in and to the data, audio recordings, contact lists, and documents you upload or transmit through the Platform ("Customer Data").
License to Company: You grant Enovitec Group LLC a worldwide, non-exclusive, royalty-free license to host, process, reproduce, and transmit Customer Data solely as necessary to provide, maintain, and improve the Platform and Services.
7. Intellectual Property Rights
The Novitrac platform, including its underlying software, interface designs, logos, trademarks, workflows, and documentation, is owned exclusively by Enovitec Group LLC and protected by copyright, trademark, and intellectual property laws. Except for the limited right to access and use the Platform as permitted herein, no rights or licenses are granted to you.
8. Third-Party Integrations & Services
The Platform connects with third-party providers (including telecommunication carriers, speech synthesis engines, large language model providers, and CRM platforms). Enovitec Group LLC is not responsible for the uptime, availability, policies, or performance of third-party external services.
9. Disclaimer of Warranties
The Platform and Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Enovitec Group LLC does not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Enovitec Group LLC, or its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, use, goodwill, or other intangible losses) arising out of or relating to your access to or use of (or inability to access or use) the Platform.
In no event shall Enovitec Group LLC's aggregate liability for all claims arising out of or related to Novitrac exceed the total amount paid by you to Enovitec Group LLC for the Services in the twelve (12) month period preceding the claim.
11. Indemnification
You agree to defend, indemnify, and hold harmless Enovitec Group LLC, its subsidiaries, affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your violation of these Terms.
- Your use or misuse of the Platform.
- Your violation of any applicable laws, rules, or regulations (including TCPA, CAN-SPAM, telemarketing, or call recording laws).
- Any claim that your Customer Data or outreach campaigns infringed or violated the rights of a third party.
12. Termination
We reserve the right to suspend or terminate your account and access to the Platform immediately, without prior notice or liability, if you breach any provision of these Terms, engage in unlawful activity, or fail to pay applicable fees. You may terminate your account at any time by contacting us at contact@novitrac.com.
13. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms or the Platform shall be instituted exclusively in the federal or state courts located in Erie County, New York.
14. Changes to Terms
We reserve the right to modify or update these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date at the top of these Terms or by sending an email notification. Continued use of the Platform after any modifications constitutes acceptance of the updated Terms.
15. Contact Information
If you have any questions, concerns, or legal notices regarding these Terms or the Novitrac platform, please contact us at:
Entity: Enovitec Group LLC (Owner of Novitrac Platforms)
Email: contact@novitrac.com
Location: Buffalo, NY