Terms and Conditions
Last Updated: August 2021
Noa Technologies Inc., a Delaware corporation with a principal place of business at 101 Jefferson Drive, 1st Floor, Menlo Park, 94025 CA (hereinafter referred to as “Noa Technologies”) makes information, products, and services available on this website (the “Site”), subject to the following terms and conditions of use (“Website Terms”). Before using this Site, please read these Website Terms carefully. Throughout the Website Terms, “we”, “us” and “our” refer to Noa Technologies, and “you” or “your” refer to you personally (i.e., the individual who reads and agrees to be bound by these Website Terms), and, if you access this Site on behalf of a corporation or other legal entity, you and such corporation or other legal entity on whose behalf you access the Site.
1. ACCEPTANCE OF TERMS
By using the Site, you must be at least 18 years old (or the age of majority in your jurisdiction, if over 18) and agree to be bound by these Website Terms. If you do not agree to these Website Terms or are under the age of 18 (or the age of majority, if over 18), you may not use the Site. Noa Technologies provides the information, products and services on the Site to you, conditioned upon your acceptance, without modification, of the Website Terms contained herein. Your use of the Site constitutes your agreement with such Website Terms.
We reserve the right to change these Website Terms, in whole or in part, at our own discretion at any time. You can determine when these Website Terms were last revised by referring to the “LAST UPDATED” legend at the top of these Website Terms.
You agree to comply with, and be bound by, any such modifications by continuing to use or access the Site after modified Website Terms are posted to the Site.
In addition, your use of a particular Noa Technologies service may be subject to specific guidelines or rules (“Service-specific Rules”) posted from time to time and incorporated by this reference into the Website Terms. If you do not accept our Website Terms or any Service-specific Rules, you should refrain from accessing the Site and its services. If we change any Service-specific Rules, we will post the changed version on the location where those Service-specific Rules normally appear, reference the change on the primary page for that service and include a link to the previous version of the terms or rules.
Noa Technologies reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any service (or any part thereof). Noa Technologies shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. U.S.-BASED WEBSITE
The Site is controlled and operated by Noa Technologies from the United States, and, except as expressly set forth herein, is not intended to subject Noa Technologies to the laws or jurisdiction of any state, country or territory other than that of the United States. Noa Technologies does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to U.S. export controls and are responsible for any violations of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. Noa Technologies may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction Noa Technologies chooses, at any time and in Noa Technologies’ sole discretion. By using the Site, you hereby certify that you are not (a) a citizen or permanent resident of any country on which the United States has embargoed goods, technology and/or services (e.g., Cuba, Iran, North Korea, Sudan, Syria, or Crimea), and (b) on any of the relevant U.S. Government Lists of prohibited or restricted persons, including but not limited to the Treasury Department's List of Specially Designated Nationals, and the Commerce Department's List of Denied Persons or Entity List, and that your use of Noa Technologies’ products and services is in compliance with the applicable U.S. export control and economic sanctions laws and regulations. For further information on the export controls and sanctions laws see, http://www.bis.doc.gov/index.htm and http://www.treasury.gov/about/organizational-structure/offices/Pages/Office-of-Foreign-Assets-Control.aspx
3. REGISTRATION
You may be required to register with Noa Technologies in order to access certain areas of the Site. In the course of registration, you must:
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(a) provide true, accurate, current and complete information on the registration form and
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(b) maintain and promptly update such registration information as necessary.
If, after investigation, we have reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user's account and prohibit any and all current or future use of the Site (or any portion thereof) by that user. You may not use a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that Noa Technologies rejects for any other reason in its sole discretion. Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to lend or transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interactions with the Site that occur in connection with your password or user name. You agree to notify Noa Technologies immediately of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. Noa Technologies is not liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to:
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(a) immediately notify Noa Technologies of any unauthorized use of his or her password or account or any other breach of security and
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(b) ensure that he or she “logs off”/exits from his or her account at the end of each session.
4. PROPRIETARY RIGHTS; LICENSE GRANTS
4.1. Software. Any software that is made available to download by or through this Site (“Software”) is the copyrighted work of Noa Technologies, its suppliers and/or its licensors. Your rights to access, download, and use any Software made available for download from the Site will be subject to your agreement to the terms and conditions of the software license agreement identified on the site and/or in the Software (each, a “Product Terms of Service”). You may not install any Software that is accompanied by or includes a Product Terms of Service unless you have agreed to the applicable Product Terms of Service. Except to the extent expressly permitted in any applicable Product Terms of Service, or expressly authorized under applicable law overriding any of the following restrictions, you agree that you will not sell, lease, lend, convey, transmit, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or attempt to derive source code from the Software. Any reproduction, redistribution or other use or exploitation of the Software not in accordance with the Product Terms of Service and/or these Website Terms is expressly prohibited by law, and may result in civil and criminal penalties.
4.2. Content. Unless otherwise specifically noted, the information, content, data, text, graphics, images, videos, documents and other materials made available through the Site (“Content”) are and shall remain the property of Noa Technologies, its licensors and/or suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with these Website Terms, solely for so long as you are permitted by Noa Technologies to access and use the Site, and provided that you keep intact all copyright and other proprietary notices, you may:
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(a) view any Content on any single computer solely for personal, informational, non-commercial purposes, except as expressly permitted in writing with respect to particular Content signed by an authorized representative of Noa Technologies and
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(b) download and print the materials that Noa Technologies specifically makes available for downloading (such as white papers or user documentation) from this Site solely for personal, informational, non-commercial purposes, provided that such Content may not be modified or altered in any way. Unless otherwise specifically permitted for any particular Content, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, rent, lease, modify, loan, sell, distribute, or create derivative works based on, the Site or any Content, in whole or in part, without the express prior written authorization of Noa Technologies.
4.3. Community Content. Your rights to access, use, copy and distribute any user and community-generated information or content (including other users’ Contributions, as defined below, or third-party apps or content made available on apps, collectively “Community Content”) is subject to the relevant terms and conditions or license agreement attached to such Community Content. If there are no specific terms and conditions or license agreement attached to such Community Content, the licenses and restrictions under Section 4.2 above will apply.
4.4. Proprietary Rights. Elements of the Site are protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from the Site may be copied or retransmitted unless expressly permitted in writing by Noa Technologies. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Noa Technologies’ or its suppliers’ trade names, trademarks or service marks without Noa Technologies’ express prior written consent. “Noa Technologies” and other Noa Technologies’ logos, trademarks, service marks, and product and service names are the intellectual property of Noa Technologies.
5. INFORMATION SUBMITTED THROUGH THE SITE
Noa Technologies’ Privacy Policy (the “Privacy Policy”) addresses our processing of personal data you submit through the site. Please refer to the Privacy Policy for information about the personal data we collect about you, how we use and protect this personal data, and the choices you can make about how we may use your personal data.
You represent and warrant that any information that you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information that you provide is or becomes false, inaccurate, obsolete or incomplete, Noa Technologies may terminate your use of the Site.
Unless otherwise specifically agreed to by you and Noa Technologies, by uploading, e-mailing, posting, publishing or otherwise transmitting information, sample data, event types, tags, comments, suggestions, content or other materials to the Site or Noa Technologies (each a “Contribution”), you hereby acknowledge that such Contribution is non-confidential and automatically grant (or warrant that the owner of such rights has expressly granted) to Noa Technologies a perpetual, irrevocable, world-wide, non-exclusive, sublicensable, fully paid-up and royalty-free license to use, make, have made, offer for sale, sell, copy, distribute, perform, display (whether publicly or otherwise), modify, adapt, publish and transmit such Contributions in any form, medium, or technology now known or later developed, and to grant to others rights to do any of the foregoing. In addition, you warrant that all so-called moral rights in the content have been waived. For each Contribution, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this Section, and that such Contribution, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations.
Noa Technologies will not pre-screen or review Contributions, but Noa Technologies reserves the right to refuse or delete any Contributions in its discretion. You acknowledge and agree that Noa Technologies reserves the right (but has no obligation) to do one or more of the following in its discretion, without notice or attribution to you:
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(i) monitor Contributions as well as your access to the Site;
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(ii) alter, remove, or refuse to post or allow to be posted any Contribution; and/or
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(iii) disclose any Contributions, and the circumstances surrounding their transmission, to any third party in order to operate the Site, in order to protect Noa Technologies, its suppliers or licensees and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Website Terms; or for any other reason or purpose.
Noa Technologies disclaims any responsibility for the Contributions displayed on its Site. Noa Technologies assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Contributions or other user information or personalization settings.
Noa Technologies does not control the Community Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Community Content. Under no circumstances will Noa Technologies be liable in any way for any Community Content, including, but not limited to, liability for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of such content. By using the Site, you may be exposed to Community Content that is offensive, indecent or objectionable. You must evaluate, and bear all risks associated with, the use of such content, including any reliance on the accuracy, completeness, or usefulness of such content.
6. PURCHASES
If you wish to purchase our products and services, for your convenience, we may provide links on the Site to a web store or e-commerce platform where you can make such purchases. Please be aware that the web store or e-commerce platform may be hosted, operated or managed by a third party, and may be governed by such third party’s website terms and conditions and privacy policy. We encourage you to read carefully those third-party terms and conditions and privacy policy prior to making any purchases. These Website Terms do not govern, and we are not responsible or liable for, your interaction with such third-party managed web store or e-commerce platform.
7. RULES OF CONDUCT
While using Content and/or the Site, you will comply with all applicable laws, rules and regulations. In addition, Noa Technologies expects users of the Content and/or the Site to respect the rights and dignity of others. Your use of the Content and/or Site is conditioned on your compliance with the rules of conduct set forth in this Section; any failure to comply may also result in termination of your access to the Content and/or Site pursuant to Section 13 (Termination). You represent, warrant and agree not to use the Content and/or Site: (i) for any inappropriate, improper, discriminatory, illegal, or otherwise harmful purpose or (ii) to violate, or encourage the violation of, the rights of others which includes, without limitation, legal rights (e.g., intellectual property or proprietary rights) or human rights (i.e., the rights inherent to all human beings regardless of race, sex, nationality, ethnicity, language, religion, or any other status, including without limitation the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more), each as reasonably determined by Noa Technologies. To report any potential misuse or violation of this Section, please email info@noa.one.
You also agree that you will not use the Content and/or Site :
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To post, transmit, or otherwise make available, through or in connection with the Content or Site:
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Anything that is or may be (a) defamatory; (b) fraudulent or tortious; (c) protected by copyright, trademark or other proprietary right without the express prior written consent of the owner of such right.
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Any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense.
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Any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software.
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Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
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To harvest or collect personally identifiable information about other users of the Site.
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To impersonate any person or entity, including any representative of Noa Technologies; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that Noa Technologies endorses any statement you make.
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To interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
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To restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
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To use the Site to advertise or offer to sell or buy any goods or services without Noa Technologies’ express prior written consent.
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To reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site (including any content, Software and other materials available through the Site).
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To modify, adapt, create derivative works of, translate, reverse engineer, decompile or disassemble any portion of the Site (including any content, Software and other materials available through the Site), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions.
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To remove any copyright, trademark or other proprietary rights notice from the Site or content, Software and other materials originating from the Site.
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To frame or mirror any part of the Site without Noa Technologies’ express prior written consent.
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To create a database by systematically downloading and storing all or any Site content.
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To use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, without Noa Technologies’ express prior, written consent.
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8. LINKS
You may find links to other websites on the Site. Those links will let you leave Noa Technologies’ site. Noa Technologies exercises no control whatsoever over such third-party websites and any contents or web-based resources found on those third-party sites and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon or any updates or changes thereto. Noa Technologies is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Noa Technologies of any linked sites. Noa Technologies shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of those websites, including your use of any content, information, data, advertising, products, or other materials on or available through such websites, is solely at your own risk is subject to the terms and conditions of use and privacy policy(ies) applicable to such sites and resources. Once you choose to be directed to another website, you should read that website’s privacy statement before disclosing any personal information.
9. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. NOA TECHNOLOGIES AND/OR ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE OR ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES CONTAINED THEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, NOA TECHNOLOGIES MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) ANY USER ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. THE SITE, THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE AND THE INFORMATION, CONTENT, SOFTWARE, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY Noa Technologies.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL NOA TECHNOLOGIES AND/OR ITS SUPPLIERS/LICENSORS AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, PROFITS OR OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE (HOWEVER ARISING, INCLUDING CONTRACT, EQUITY, NEGLIGENCE OR OTHER TORTIOUS ACTION) EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. THE MAXIMUM LIABILITY OF NOA TECHNOLOGIES AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND LICENSORS/SUPPLIERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO NOA TECHNOLOGIES TO ACCESS AND USE THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. RELEASE
In the event that you have a dispute with one or more Site users, you release Noa Technologies (and our officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
12. INDEMNITY
To the fullest extent permitted by law, you shall indemnify, defend and hold harmless Noa Technologies, its licensors/suppliers and their respective officers, directors, employees and agents from any and all claims (including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission), demands, damages, costs and liabilities, including reasonable attorneys’ fees, arising out of or in connection with: (1) any of your Contributions, including an assertion that the information, content, or other materials or services provided or made available by you or the use thereof, may infringe any copyright, trademark, or other intellectual property rights of any individual or entity, or misappropriate any individual or entity's trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under these Website Terms including the Rules of Conduct set forth in Section 7; (3) your unlawful and/or unauthorized use of, or activities in connection with this Site. The foregoing indemnities shall survive expiration or termination of these Website Terms.
13. TERMINATION
Noa Technologies may, in its sole discretion, at any time for any reason or no reason, terminate your access to this Site, including if Noa Technologies believes that you have violated or acted inconsistently with the letter or spirit of these Website Terms or if it is required by applicable law, regulation, court or governing agency order.
Our termination of any user’s access to the Site hereunder may be effected without notice and, on such termination, we may immediately bar any further access to such files, and your right to use the Site will immediately cease. Noa Technologies shall not be liable to you or any third party for any termination of your access to the Site or account hereunder.
14. CLAIMS OF COPYRIGHT INFRINGEMENT
Noa Technologies respects the intellectual property rights of others and asks that the people who use the Site do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Noa Technologies a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Noa Technologies a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to:
Copyright Agent. Noa Technologies Inc. 101 Jefferson Drive, 1st Floor, Menlo Park, 94025 CA, info@noa.one.
We encourage you to consult your legal advisor before filing a notice or counter-notice.
15. FORWARD-LOOKING STATEMENTS
Some of the information on this Site may contain projections or other forward-looking statements regarding future events or the future financial performance of Noa Technologies. We wish to caution you that these statements are only predictions and actual events or results may differ materially. Such statements include those that (a) use the words “believes,“ “expects,“ “anticipates,“ “estimates“ or words of similar importance or meaning; (b) are specifically identified as forward-looking; (c) describe any of Noa Technologies’ plans, objectives or goals for future operations and products; or (d) concern the characteristics and growth of Noa Technologies’ markets or customers or Noa Technologies’ expected liquidity and capital resources. Factors that could cause actual results to differ materially include economic, competitive, governmental and technological influences affecting Noa Technologies’ operations, markets, products, services and prices. Further information on potential factors that could affect the actual financial results of Noa Technologies are included in Noa Technologies’ filings with the Securities and Exchange Commission; specifically, Noa Technologies’ most recent reports on Form 10-K and Form 10-Q. Noa Technologies does not assume any obligation to update any forward-looking statement to reflect events that occur or circumstances that exist after the date on which they were made.
16. GENERAL
The Website Terms constitute the entire agreement between you and Noa Technologies with respect to your use of this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Noa Technologies with respect to this Site. The Website Terms and the relationship between each user and Noa Technologies shall be governed by the laws of the State of California without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. If any provision of the Website Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Website Terms remain in full force and effect. A party may only waive its rights under these Website Terms, by a written document executed by both parties. Any failure to enforce any provision of these Website Terms shall not constitute a waiver thereof or of any other provision hereof. You may not assign, transfer or sublicense any or all of your rights or obligations under these Website Terms without Noa Technologies’ express prior written consent. No provision of these Website Terms is intended for the benefit of any third party, and the parties do not intend that any provision should be enforceable by a third party either under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17. CONTACT; NOTICES
If you have any general question, comment or complaint regarding the Site, please send an e-mail to info@noa.one. Formal notices to Noa Technologies under these Website Terms (including a report of any violation of the Website Terms by any user) shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail, return receipt requested, to: Noa Technologies Inc., 101 Jefferson Drive, 1st Floor, Menlo Park, 94025 CA, with a copy to info@noa.one. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, at Noa Technologies' discretion. Without limitation, you agree that a printed version of these Website Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Website Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Privacy Policy
Last Updated: April 2021
This privacy policy describes the personal data (defined below) that Noa Technologies Inc. collects about you, how we use and protect this personal data, and the choices you can make about how we may use your personal data. Your privacy and the security of your personal data matters to us, so please get to know our privacy practices and contact us should you have any questions about your personal data.
If you are a visitor located in the EEA, the UK or Switzerland, please note that Noa Technologies complies with the General Data Protection Regulation (EU Regulation 2016/679) (“EU GDPR”), its incorporation into the laws of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the UK European Union (Withdrawal) Act 2018 (“UK GDPR”) and/or the Swiss Federal Act on Data Protection (“FADP”), as applicable (together, the “GDPR”). Your rights in relation to the GDPR are detailed below. If you have any questions, please contact info@NoaTechnologies.com.
If Noa Technologies products collect information about you (e.g., as an employee of a Noa Technologies customer), please note that this privacy policy covers only those instances when the purposes and means of processing your personal data are determined by us (in other words, when we are a “controller” as defined by the GDPR). It therefore does not apply to any of your personal data which we may process on behalf of our customers (in other words, when we are a “processor” as defined by the GDPR). Please therefore directly contact the relevant controller (e.g., your employer, if you are an employee of a Noa Technologies customer) for more information about their privacy practices.
If you are a California (USA) Resident: We have not sold personal information, as “sell” and “personal information” are defined under the California Consumer Privacy Act of 2018, in the preceding 12 months.
COLLECTION AND USE OF PERSONAL DATA
Personal Data. “Personal data” is any information that relates to an identified or identifiable individual. Noa Technologies may collect a variety of personal data about you in a number of ways:
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Personal data you provide directly. We may collect personal data that you provide directly, such as when you access our website, establish a user account with us, register our products, or otherwise give us your name, email address, etc. You may also choose to submit personal data to us via other methods. E.g., in response to marketing or other communications; through social media or online forums; through participation in an offer, program or promotion; in connection with an actual or potential business relationship with us; or by giving us your business card or contact details at trade shows or other events. When you contact Noa Technologies, we may also keep a record of your communication to better support you in the future. From time to time, we may offer referral programs to refer prospective customers to us. Please refer a prospective customer and provide their personal data to us only if you have their permission. If you later find out you did not have such consent, please inform us as soon as possible.
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Personal data we collect automatically. We may automatically collect information about how you use and engage with our business (e.g., via our websites and/or applications), products and/or services over time, and some of this may be personal data. In addition, we may use cookies and other technologies to function effectively. For more information, please refer to the “Cookies and Similar Technologies” section of this privacy policy below.
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Personal data we collect from other sources. As mentioned above, we may receive your personal data via a referral. In addition, we may supplement other personal data we have collected with information from third parties or other publicly available sources. If the Service you use is offered by one of our partners and you registered with such a partner, we may also receive your personal data from them.
Categories of personal data we typically collect. Depending on your interaction with our business, we may collect:
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Personal identifiers, such as your real name, alias, postal address, unique personal identifier, online identifier, government-issued identifiers, email address, phone number, account name, or other similar identifiers.
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Internet activity information, such as Internet protocol (IP) address, device and advertising identifiers, browser type, operating system, Internet service provider, the web page that directed you to our services, the date and time of your visit, information about how you engage with us (e.g., the links or buttons you click and pages you view of our website or applications), the fact of whether an email was opened, and other standard server log information.
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Commercial information, such as records of products or services purchased, obtained, or considered, or other purchasing or consumption histories or tendencies.
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Professional information, such as your title and company name.
How we use personal data we collect. We collect, use, and store your personal data for the reasons set out below.
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Where the processing is necessary for us to administer our relationship with you. For example:
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creating and administering orders for you (including, if necessary, processing payments)
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registering, maintaining and managing your account (e.g., email preferences) or for interacting with our business (e.g., via our website, telephone, video conferencing and/or email)
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providing you with support and responding to your queries, feedback, claims and/or disputes
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when visiting our offices or attending events
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Where necessary for Noa Technologies' legitimate interests, and where our interests are not overridden by your data protection rights. For example:
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developing product or service features or functionality, including when you give us feature feedback and suggestions
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managing and improving our website, systems and infrastructure
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identifying, developing, and marketing products and services that we believe will interest you
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communicating with you regarding our business, products and services, including promotional offers and suggested products, services, or new features which may be of interest to you
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protecting the security of our premises, assets, systems, customers, customer end users, and intellectual property and enforcing company policies
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undertaking mergers, acquisitions, reorganizations, or disposals, as permitted/required in accordance with local law
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protecting our legitimate business interests and legal rights, including use in connection with legal claims, compliance, regulatory, auditing, investigative and disciplinary purposes (including disclosure of such information in connection with legal process or litigation) and other ethics and compliance reporting requirements
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Where necessary to comply with a legal obligation. For example:
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tax law and similar obligations (e.g., tax and national insurance reporting, filing and withholding)
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responding to court orders, subpoenas or other legal processes with which Noa Technologies is required to comply
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complying with legal, regulatory and other requirements
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We may provide you with more specific notices for some of the processing described above and, if we require your consent, will ask for this at the time we collect your personal data.
To the extent that we process any special categories of personal data relating to you, we will do so because: (i) the data has been manifestly made public; (ii) the processing is necessary for the establishment, exercise or defense of a legal claim; (iii) the processing is necessary for reasons of substantial public interest; or (iv) you have given your explicit consent to us to process that information (where legally permissible).
COOKIES AND SIMILAR TECHNOLOGIES
Some personal data may be collected by us or our partners through cookies, pixel tags, or software development kits (“SDKs”), and other similar technologies for a variety of purposes. E.g., for analyzing trends, administering our website and your communications with us, tracking users’ movement and behavior on our website, gathering information about our user base (such as location information on IP addresses, displaying advertising on our websites, and to manage our advertising on other sites). Cookies, used by most websites, are text files stored on a user's browser containing information about the user (e.g., information about devices and networks used to access our website). Pixel tags (also known as “web beacons” or “clear GIFs”) are very small images or small pieces of data embedded in images that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, whether an email was viewed, and similar information from your computer or device. SDKs are computer code that mobile app developers can include in their apps to enable data to be collected and related functionalities to be implemented. To learn more about the cookies that may be served on our website and services, and how you can control our use of cookies and third-party analytics, please read and review our Cookie Policy.
TRANSFER AND DISCLOSURE OF PERSONAL DATA
Protecting your personal data is important to us and we neither rent nor sell your personal data to anyone. We may, however, disclose or transfer your personal data in certain circumstances, including:
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to a buyer or other successor in the event of a merger, acquisition, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets;
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to our subsidiaries, affiliates, agents, contractors, service providers and other third parties we use to support our business and/or collaborate with; provided always, they are bound by contractual obligations to keep such personal data confidential and only use it for the purposes of providing the services for, or with, us based upon your chosen settings, configurations, and/or purchases;
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to comply with any court order, law or legal process, including to respond to any government or regulatory request;
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to enforce or apply our Terms of Service and/or any other agreement that governs the sale, use or purchases of our products and/or services; and
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to protect the rights, property or security of Noa Technologies, our employees, our users and/or others.
Please note that some of our products and services may be offered jointly with partners. If you register with our partner, Noa Technologies may also receive your personal data from them, and Noa Technologies may share your personal data with our partners for these joint offerings. If applicable, you should also therefore carefully review our partner’s privacy policy, which may have different terms.
ONWARD TRANSFER OF PERSONAL DATA
To facilitate our global operations, and in accordance with applicable laws, we may transfer your personal data to, and access your personal data from, our offices, subsidiaries, and affiliates in the various countries in which we operate (including the United States of America). This may be to a country other than the one in which it was provided or collected. When we transfer your personal data, we do so in compliance with applicable data protection laws. We take steps to protect personal data in whatever country it is stored in or transferred to. You may request additional information in respect of transfer mechanisms by exercising your rights as set out below.
Where Noa Technologies is unable to rely on an adequacy decision, we rely on other transfer mechanisms. For example, to comply with applicable data protection laws around international data transfer mechanisms from the European Union or the United Kingdom to the United States, we have entered into European Commission approved Standard Contractual Clauses (“SCCs”) and offer additional safeguards to provide adequate protection.
Noa Technologies further remains self-certified under the EU-US and Swiss-US Privacy Shield Frameworks, which were developed specifically to establish a way for companies to comply with data protection requirements when transferring personal data from Europe to the United States:
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Regarding the collection, use, and retention of personal data transferred from the European Union, the United Kingdom, and Switzerland to the United States, Noa Technologies complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set by the U.S. Department of Commerce. Noa Technologies has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall apply. To learn more about the Privacy Shield program, and to view our certification, please visit www.privacyshield.gov.
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All personal data that is subject to this privacy policy and is received from individuals who are resident in the European Union, the United Kingdom, and Switzerland is covered by Noa Technologies’ participation in the Privacy Shield unless governed by another adequate transfer mechanism as detailed herein. Noa Technologies will comply with the Privacy Shield Principles in respect of such personal data.
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Noa Technologies is accountable for personal data received under the Privacy Shield and subsequently transferred to a third party as described in the Privacy Shield Principles located at https://www.privacyshield.gov/EU-US-Framework. Pursuant to the Privacy Shield, Noa Technologies remains liable for the transfer of personal data to third parties acting as our agents unless we can prove we were not a party to the events giving rise to the damages.
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Noa Technologies commits to resolve complaints about your privacy and our collection or use of your personal data as per the EU-U.S. and Swiss-U.S. Privacy Shield Principles. European Union, United Kingdom or Swiss individuals with inquiries or complaints regarding this privacy policy should first contact us using the contact information below.
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As further explained in the Privacy Shield Principles, a binding arbitration option is also available to you in order to address residual complaints not resolved by any other means. Noa Technologies is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
SECURITY
We are committed to keeping personal data secure, and we have implemented technical and organizational measures to protect personal data against its unauthorized access, use, and disclosure. Such measures have been implemented taking into account the state of the art of the technology, their cost of implementation, the risks presented by the processing and the nature of the personal data. When we provide your personal data to third parties, including service providers, we require those companies to protect the personal data they receive and not to use the personal data for any purpose other than providing the required services.
Nevertheless, although we have tried to make our products and services secure and reliable, the confidentiality of any communication or material transmitted to or from us cannot be guaranteed. We therefore urge you to exercise caution when conveying any personal data over the Internet. As when disclosing any information on the Internet, you should remain mindful that such information might be accessible by the public and, consequently, may be collected and used by others without your consent. You should also recognize that your use of the Internet and any other means of communication with us is solely at your own risk.
THIRD PARTY WEBSITES AND FEATURES
As a convenience to you, Noa Technologies may provide links from our websites, products and/or services to other websites maintained by independent third parties. We are not responsible for the privacy practices of independent third parties. We encourage you to be aware when you leave this website, and to read the privacy policies of any other websites that you may visit.
Some web browsers transmit “do-not-track” signals to websites. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.
HOW LONG DO WE STORE YOUR DATA?
We will retain personal data only for as long as necessary to fulfil the purpose for which it was collected or to comply with legal, regulatory or internal policy requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
OUR POLICY TOWARD MINORS
Our website, products and services are not directed to minors under 16 and we do not knowingly collect personal data from minors under 16. If we learn that we have collected personal data of a minor under 16 we will take steps to delete such information from our files as soon as possible.
DATA PROTECTION RIGHTS, AND HOW TO EXERCISE
You may have a right to access and to obtain a copy of your personal data as processed by Noa Technologies. If you believe that any personal data we hold about you is incorrect or incomplete, you may also request the correction of it.
You may also have the right to:
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object to the processing of your personal data;
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request the deletion of your personal data;
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request a restriction on the processing of your personal data; and/or
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withdraw your consent where Noa Technologies obtained your consent to process personal data (without this withdrawal affecting the lawfulness of any processing that took place prior to the withdrawal).
Noa Technologies will honor such requests for access, correction, deletion or restriction and/or any withdrawal or objection as required under the applicable data protection laws and regulations (including the GDPR). However, please note that such rights are not absolute: they do not always apply, and exemptions may be applicable. Noa Technologies will usually, in response to any such request, ask you to verify your identity and/or provide information that helps us to better understand your request. If we do not comply with your request, we will explain why.
To exercise the above rights with Noa Technologies, you may send an email to info@noa.one. If you are not satisfied with how we process your personal data, please let us know and we will investigate your concern.
If you are not satisfied with our response, you have the right to make a complaint to the data protection authority in the jurisdiction where you live or work, or in the place where you think an issue in relation to your data has arisen. The contact details of each Data Protection Authority can be found at the following website: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.
As highlighted above: if you are personnel of a customer that uses Noa Technologies products or otherwise have had your personal data collected via Noa Technologies products by or on behalf of our customers, please note this privacy policy does not apply to such personal data. Please therefore refer to such applicable party who has ordered Noa Technologies products if you need any correction, amendment, or deletion of such personal data.
DATA PROTECTION OFFICER
To communicate with our Data Protection Officer, please email info@noa.one
CHANGES AND OTHER COVERED ENTITIES
We may amend our privacy policy from time to time to reflect changes in our practices, technologies, legal requirements and other factors. We therefore encourage you to revisit this page periodically to read the current version of it to stay informed about our collection, processing and sharing of your personal data. Please note should we amend our privacy policy we will update the “effective date” at the top of this privacy policy. If you have any concerns or questions about this privacy policy or if you would like to lodge a complaint, please contact info@noa.one.