1. ACCEPTANCE OF THE TERMS AND CONDITIONS

Your access on the BOVA Labs website is subject exclusively to these Terms and Conditions. You will not use the app for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the BOVA Labs website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the app.

2. CREDIT CARD DETAILS

All BOVA purchases are managed by Shopify and we will never store your credit card information or make it available to any third parties. Any purchasing information provided will be provided directly from you to the respective App Store and you will be subject to their credit card policies.

3. LEGAL ADVICE

The contents of BOVA Labs website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

4. CHANGE OF USE

BOVA reserves the right to:

• 4.1 change or remove (temporarily or permanently) the BOVA Labs website or any part of it without notice and you confirm that BOVA shall not be liable to you for any such change or removal.
• 4.2 change these Terms and Conditions at any time, and your continued use of BOVA Labs website following any changes shall be deemed to be your acceptance of such change.

5. LINKS TO THIRD PARTY APPS AND WEBSITES

BOVA Labs website may include links to third party apps and websites that are controlled and maintained by others. Any link to other apps and websites is not an endorsement of such and you acknowledge and agree that we are not responsible for the content or availability of any such apps and websites.

6. COPYRIGHT

• 6.1 All copyright, trade marks and all other intellectual property rights in the BOVA Labs website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the BOVA Labs website) are owned by or licensed to BOVA and parent company WhoaNellys Food Lab.
• 6.2 In accessing the BOVA Labs website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the BOVA Labs website for personal, non-commercial home use only.

7. LINKS TO AND FROM OTHER APPS AND WEBSITES

• 7.1 Throughout BOVA Labs website you may find links to third party apps. The provision of a link to such an app does not mean that we endorse that app. If you visit any app via a link in this app you do so at your own risk.
• 7.2 Any party wishing to link to this app is entitled to do so provided that the conditions below are observed:
• 1. (a) You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
  2. (b) You do not misrepresent your relationship with this app; and
  3. (c) The app from which you link to BOVA Labs website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
• 7.3 By linking to BOVA Labs website in breach of our terms, you shall indemnify us for any loss or damage suffered to this app as a result of such linking.

8. DISCLAIMERS AND LIMITATION OF LIABILITY

• 8.1 BOVA Labs website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
• 8.2 To the extent permitted by law, BOVA will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the app.
• 8.3 BOVA makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the app or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
• 8.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of BOVA/WhoaNellys Food Lab for death or personal injury as a result of the negligence of BOVA/WhoaNellys or that of its employees or agents.

9. INDEMNITY

You agree to indemnify and hold BOVA/WhoaNellys and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against BOVA/WhoaNellys of Our Own arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this app.

10. SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

11. EMAIL AND SMS OPT-IN CONSENT

• Consent: By providing your email and/or phone number to join our waitlist, you consent to receive communications from us via email and SMS. These communications may include updates about our products, promotions, and other relevant information.
• Data Usage: Your email and SMS information will solely be used for the purpose of notifying you about the availability of our products and related communications. We do not share, sell, or rent your personal information to third parties for marketing purposes.
• Opt-Out Option: You have the right to opt out of receiving communications from us at any time. You can unsubscribe from our emails by clicking the "unsubscribe" link included in each email, or by contacting us directly. For SMS communications, you can reply with "STOP" to opt out.
• Security: We take the security and privacy of your personal information seriously. We implement industry-standard security measures to protect your data from unauthorized access, alteration, disclosure, or destruction.
• Updates: We reserve the right to update this disclaimer at any time without prior notice. Any changes will be effective immediately upon posting on our website.