Terms of Service
Effective Date: January 15, 2025
IMPORTANT: PLEASE READ CAREFULLY
These Terms of Service ("Terms") contain a binding arbitration clause and class action waiver in Section 16, which affect your legal rights. By using Nowah, you agree to resolve disputes through individual arbitration and waive your right to participate in class actions or jury trials.
These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "you," or "your") and Nowah Labs, Inc., a Delaware corporation ("Nowah," "Company," "we," "us," or "our"). These Terms govern your access to and use of the Nowah website (nowah.xyz), mobile applications, and all related services (collectively, the "Services").
BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree, you must immediately discontinue use of the Services.
1. Eligibility
To use the Services, you must:
- Be at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is greater
- Have the legal capacity to enter into a binding contract
- Not be prohibited from using the Services under applicable law
- Not be located in, or a resident of, any jurisdiction subject to comprehensive U.S. sanctions (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine)
By using the Services, you represent and warrant that you meet all eligibility requirements. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Account Registration & Security
To access certain features, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security and confidentiality of your login credentials
- Accept full responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized access or security breach
Nowah is not liable for any loss or damage arising from your failure to protect your account credentials. We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe have been compromised.
3. Description of Services
Nowah provides an AI-powered travel planning platform that enables users to:
- Search for and compare flights, hotels, and travel services
- Book travel services through third-party providers
- Manage travel itineraries and documents
- Access personalized travel recommendations
- Track prices and receive alerts
NOWAH IS AN INTERMEDIARY PLATFORM. We do not own, operate, or control airlines, hotels, or other travel service providers ("Travel Providers"). When you book travel through the Services, you enter into a direct contractual relationship with the applicable Travel Provider, not with Nowah.
4. Subscription Services
Certain features require a paid subscription ("Subscription Services"). By subscribing, you acknowledge and agree:
- All Subscription Services are billed through Apple App Store or Google Play Store (collectively, "Platform Providers")
- Billing, payment processing, and refunds are governed by the Platform Provider's terms and policies
- Nowah does not process subscription payments directly and has no control over refund decisions
- Subscriptions automatically renew unless cancelled before the renewal date through your Platform Provider settings
- Prices may change upon reasonable notice; continued use after a price change constitutes acceptance
For refund requests, see our Refund Policy. Nowah is not obligated to provide pro-rata refunds for unused subscription periods.
5. Travel Bookings & Third-Party Services
When you book travel through Nowah:
- You enter into a direct contract with the Travel Provider, subject to their terms, conditions, fare rules, and policies
- Nowah acts solely as an intermediary and is not a party to your contract with Travel Providers
- Travel Providers are independent third parties; Nowah does not endorse, guarantee, or assume responsibility for their services
- Cancellations, modifications, and refunds are subject to Travel Provider policies, not Nowah's discretion
- You are responsible for reviewing and complying with all Travel Provider terms before booking
NOWAH DISCLAIMS ALL LIABILITY for acts, omissions, errors, representations, warranties, breaches, or negligence of any Travel Provider, including but not limited to flight cancellations, delays, overbookings, service failures, or quality of accommodations.
6. Nowah Credit & Rewards
Nowah may offer promotional credits, rewards, or referral bonuses ("Credits"). Credits are:
- Non-refundable and have no cash value
- Non-transferable between users or accounts
- Subject to expiration and forfeiture upon account termination
- Granted at Nowah's sole discretion and may be revoked for abuse or violation of these Terms
Nowah reserves the right to modify, suspend, or discontinue Credit programs at any time without prior notice or liability.
7. User Conduct & Prohibited Activities
You agree not to:
- Violate any applicable law, regulation, or third-party rights
- Provide false, misleading, or fraudulent information
- Use the Services for any unlawful purpose, including fraud, money laundering, or terrorist financing
- Attempt to circumvent security measures, access unauthorized systems, or interfere with Service operation
- Use automated scripts, bots, scrapers, or data mining tools without express written permission
- Reverse engineer, decompile, or disassemble any aspect of the Services
- Resell, redistribute, or commercially exploit the Services without authorization
- Harass, threaten, or defame other users or Nowah personnel
- Upload malicious code, viruses, or other harmful material
- Engage in any activity that could damage, disable, or impair the Services
Violation of this Section may result in immediate account termination, forfeiture of Credits, and referral to law enforcement authorities.
8. User Content
You may submit content through the Services, including reviews, photos, and travel information ("User Content"). By submitting User Content, you:
- Grant Nowah a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media
- Represent that you own or have rights to the content and that it does not infringe third-party rights
- Acknowledge that Nowah has no obligation to monitor, review, or remove User Content
- Agree that Nowah may remove content that violates these Terms at its sole discretion
You retain ownership of your User Content, but the license granted to Nowah survives termination of your account.
9. Intellectual Property
The Services and all content, features, and functionality (including but not limited to software, code, text, graphics, logos, trademarks, images, audio, video, and the design, selection, and arrangement thereof) are owned by Nowah, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
"Nowah," the Nowah logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Nowah Labs, Inc. You may not use such marks without our prior written permission.
These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes. This license does not include the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content obtained from the Services.
10. Privacy
Your use of the Services is subject to our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference. By using the Services, you consent to our collection, use, and disclosure of your information as described in those policies.
11. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, NOWAH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, INCLUDING TRAVEL INFORMATION, PRICING, OR AVAILABILITY
- WARRANTIES REGARDING THE CONDUCT OR SERVICES OF TRAVEL PROVIDERS OR OTHER THIRD PARTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NOWAH DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) NOWAH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER NOWAH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(B) NOWAH SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM:
- YOUR USE OR INABILITY TO USE THE SERVICES
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING TRAVEL PROVIDERS
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
- TRAVEL DISRUPTIONS, CANCELLATIONS, DELAYS, OR SERVICE FAILURES BY TRAVEL PROVIDERS
- PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM DURING TRAVEL
- ERRORS OR INACCURACIES IN CONTENT, PRICING, OR AVAILABILITY INFORMATION
(C) IN NO EVENT SHALL NOWAH'S TOTAL CUMULATIVE LIABILITY EXCEED THE GREATER OF (i) THE AMOUNTS PAID BY YOU TO NOWAH IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100.00).
(D) THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF NOWAH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Indemnification
You agree to indemnify, defend, and hold harmless Nowah, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your use of the Services
- Your User Content
- Your violation of any law or rights of a third party
- Any dispute between you and a Travel Provider
- Any claim that your actions caused damage to a third party
Nowah reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.
14. Termination
Termination by You: You may terminate your account at any time by contacting us or using the account deletion feature in the app. Termination does not entitle you to a refund of any subscription fees.
Termination by Nowah: We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:
- Breach of these Terms
- Fraudulent, abusive, or illegal activity
- Non-payment of fees
- Extended inactivity
- Request by law enforcement or government agency
- Discontinuation of the Services
Effect of Termination: Upon termination, your right to use the Services immediately ceases. All Credits are forfeited. Sections 8-13 and 15-20 survive termination.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
You agree that any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Wilmington, Delaware, and you consent to the personal jurisdiction of such courts.
16. BINDING ARBITRATION & CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
(A) Agreement to Arbitrate: You and Nowah agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Disputes") will be resolved exclusively through binding individual arbitration, rather than in court, except that either party may bring individual claims in small claims court if they qualify.
(B) Arbitration Rules: Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in English. For claims under $10,000, arbitration will be conducted by telephone, video conference, or written submissions. The arbitrator's decision will be final and binding.
(C) CLASS ACTION WAIVER: YOU AND NOWAH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
(D) JURY TRIAL WAIVER: YOU AND NOWAH HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
(E) Opt-Out: You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out. If you opt out, you may pursue claims in court but remain bound by all other provisions of these Terms.
(F) Severability: If the class action waiver is found unenforceable, then the entirety of this arbitration provision shall be null and void. If any other provision is found unenforceable, the remaining provisions shall remain in effect.
17. Force Majeure
Nowah shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, pandemics, epidemics, government orders, labor disputes, internet or telecommunications failures, cyberattacks, or power outages.
18. Modifications to Terms
Nowah reserves the right to modify these Terms at any time at its sole discretion. Changes will be effective upon posting to this page with an updated "Effective Date." We may, but are not obligated to, provide notice of material changes via email or in-app notification.
Your continued use of the Services after any modifications constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the Services. It is your responsibility to review these Terms periodically.
19. General Provisions
Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, and Refund Policy, constitute the entire agreement between you and Nowah regarding the Services and supersede all prior agreements and understandings.
Severability: If any provision of these Terms is held invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed. The remaining provisions shall continue in full force and effect.
Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Nowah's failure to assert any right under these Terms shall not constitute a waiver of such right.
Assignment: You may not assign or transfer these Terms or your rights hereunder without Nowah's prior written consent. Nowah may assign these Terms without restriction.
No Third-Party Beneficiaries: These Terms do not confer any rights on any third party.
Headings: Section headings are for convenience only and have no legal effect.
20. Contact Information
For questions about these Terms or to report violations:
Legal Department: [email protected]
General Support: [email protected]
Mailing Address:
Nowah Labs, Inc.
Attn: Legal Department
8 The Green, Suite R
Dover, DE 19901
United States
BY USING THE NOWAH SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.