Terms of Service
Please read this
These terms govern your use of this website. They include important provisions that limit our liability, disclaim warranties, and require most disputes to be resolved individually through binding arbitration rather than in court or as part of a class action. By using this site you agree to them.
1. Acceptance of these terms
These Terms of Service (the "Terms") are a binding agreement between you and Novary Dynamics Inc. By accessing, browsing or using kingshopia.com (the "Site"), or by submitting information through it, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference.
If you do not agree to these Terms, do not use the Site.
If you are using the Site on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" refers to both you and that organization.
2. Who we are
Kingshopia is a brand owned and operated by Novary Dynamics Inc., a corporation formed under the laws of the State of Delaware, United States, Entity ID 10639714, in Active / Good Standing, with a registered address at 254 Chapman Rd, Ste 208 #27914, Newark, Delaware 19702, United States. Its founder is Luis J. Elizondo A.
In these Terms, "Kingshopia", "we", "us" and "our" refer to Novary Dynamics Inc. More information about the company is available at novarydynamics.com.
3. What this website is
The Site is an informational and marketing website describing the custom software, automation and related services we offer. It exists so that prospective clients can learn what we do and ask us to evaluate a project.
Descriptions of services, timelines, categories of work and general statements about capability are provided for information only. They are illustrative, not promises, and are not offers capable of acceptance.
4. Inquiries do not create a contract
Submitting the assessment form, emailing us, or messaging us on social media does not create a contract, an engagement, an attorney-client-style relationship, or any obligation on our part to perform work, hold pricing, reserve capacity, or accept your project.
We become obligated to perform work only when we and you both sign a separate written agreement — such as a proposal, statement of work, or services agreement — that expressly describes the work, price and timeline.
Any timeframe, price range, or capability we mention on the Site or during preliminary conversations is a non-binding estimate based on limited information, and is subject to change until fixed in a signed agreement. We may decline any project for any lawful reason.
5. Acceptable use
You agree that you will not, and will not attempt to:
- Use the Site for any unlawful, fraudulent or deceptive purpose.
- Submit false, misleading or impersonating information through our forms.
- Send spam, chain messages, bulk solicitations or automated submissions.
- Introduce viruses, malware, or any code intended to damage, disrupt or gain unauthorized access to the Site or our systems.
- Probe, scan, or test the vulnerability of the Site, or breach or circumvent any security or authentication measure.
- Access the Site by any automated means — including scraping, crawling, or harvesting — except for well-behaved search engine indexing that respects our robots directives.
- Copy, reproduce, republish, mirror, frame, or create derivative works from the Site or its content without our prior written permission.
- Use the Site or its content to train, fine-tune, or otherwise develop any machine learning or artificial intelligence model without our prior written permission.
- Remove, obscure or alter any copyright, trademark or other proprietary notice.
- Interfere with any other person's use of the Site, or impose an unreasonable load on our infrastructure.
We may suspend or block access to the Site, and take any other lawful action, if we reasonably believe you have violated this section.
6. Information you submit
You are responsible for the information you send us. You represent that you have the right to send it and that it does not violate any law, contract, confidentiality obligation, or the rights of any third party.
Do not send us confidential or sensitive information through this Site. The contact form is not a secure channel for trade secrets, credentials, payment card numbers, government identification numbers, health records, or information subject to a confidentiality agreement. Unless we have signed a non-disclosure agreement with you, we cannot treat what you send as confidential — although in practice we handle inquiries discreetly and in accordance with our Privacy Policy.
If you send us ideas, feedback, or suggestions about our services or this Site, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction, attribution or compensation. This does not apply to your confidential business information provided under a signed non-disclosure agreement.
7. Intellectual property
The Site and everything on it — including its text, copy, structure, layout, design, graphics, photographs, video, illustrations, icons, software, and their selection and arrangement — is owned by Novary Dynamics Inc. or its licensors and is protected by United States and international copyright, trademark and other intellectual property laws.
"Kingshopia", "Novary Dynamics", our logos, and our visual identity are trademarks of Novary Dynamics Inc., whether or not registered. Nothing on the Site grants you any license or right to use them.
We grant you a limited, personal, non-exclusive, non-transferable, revocable license to view and use the Site for the purpose of evaluating our services. All rights not expressly granted are reserved.
7.1 Ownership of work we build for clients
Ownership of software we develop for a client is governed by the signed agreement for that project, not by these Terms. Where we state that clients own their code, that commitment takes effect through that written agreement, and typically applies upon full payment. Our own pre-existing tools, libraries, frameworks and general know-how remain ours.
7.2 Copyright complaints
If you believe content on the Site infringes your copyright, notify us at contact@kingshopia.com with a description of the work, its location on the Site, your contact information, and a statement of your good-faith belief that the use is not authorized. We will investigate and respond.
8. Third-party links and services
The Site links to third-party sites and services, including Instagram, Facebook and novarydynamics.com, and loads typefaces from Google Fonts. We do not control those services, do not endorse their content, and are not responsible for their availability, practices, terms or privacy policies. Your dealings with them are solely between you and them.
9. Disclaimer of warranties
THE SITE AND ALL CONTENT ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, NOVARY DYNAMICS INC. DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE IS FREE OF VIRUSES OR HARMFUL COMPONENTS, OR THAT ANY INFORMATION ON IT IS ACCURATE, COMPLETE, RELIABLE OR CURRENT.
Nothing on the Site constitutes professional, legal, financial, tax or business advice. You should not act on it without seeking advice appropriate to your situation. Any decision you make based on information on the Site is your own responsibility.
Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you. In that case, such warranties are limited to the minimum extent permitted by law.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NOVARY DYNAMICS INC., ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE — WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US $100.00).
These limits apply to your use of this website. Liability arising from a signed services agreement is governed by the terms of that agreement.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
You agree that these limitations are a fundamental basis of the bargain between us, and that we would not provide the Site without them.
11. Indemnification
You agree to defend, indemnify and hold harmless Novary Dynamics Inc. and its officers, directors, shareholders, employees, contractors and agents from and against any claims, liabilities, damages, losses, and expenses — including reasonable legal fees — arising out of or in any way connected with: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; or (d) information you submit through the Site.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you agree to cooperate with our defense of such claims.
12. Client projects and separate agreements
If we agree to work together, that engagement will be governed by a separate written agreement covering scope, deliverables, price, payment terms, timelines, intellectual property, confidentiality, warranties and liability.
In the event of any conflict between these Terms and a signed services agreement, the signed services agreement controls with respect to that engagement. These Terms continue to govern your general use of the Site.
13. Availability and changes
We may modify, suspend, or discontinue the Site or any part of it at any time, with or without notice, and we are not liable to you for doing so. We do not guarantee any level of uptime or availability.
We may revise these Terms at any time by posting an updated version with a new "Last updated" date. Changes take effect when posted. Your continued use of the Site after that means you accept the revised Terms. If you do not agree, stop using the Site.
14. Governing law and jurisdiction
These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to the arbitration provision below, you agree that the state and federal courts located in the State of Delaware have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to personal jurisdiction and venue in those courts.
15. Dispute resolution and arbitration
15.1 Talk to us first
Before starting any formal proceeding, you agree to contact us at contact@kingshopia.com and give us 30 days to resolve the matter informally. Most issues can be settled this way.
15.2 Binding arbitration
If we cannot resolve a dispute informally, you and Novary Dynamics Inc. agree that any dispute arising out of or relating to these Terms or the Site will be resolved by final and binding individual arbitration, administered under the rules of a recognized arbitration provider, seated in the State of Delaware, in English, before a single arbitrator.
YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. Claims may be brought only in an individual capacity.
15.3 Exceptions
Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or equitable relief in court to protect intellectual property or confidential information.
15.4 Time limit
Any claim arising out of or relating to the Site or these Terms must be filed within one (1) year after it arises, or it is permanently barred, to the extent permitted by law.
If the class action waiver in section 15.2 is found unenforceable as to a particular claim, that claim will proceed in court, and the remainder of this section still applies.
16. General provisions
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Site, and supersede any prior understanding on that subject.
- Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary, or severed, and the remaining provisions stay in full force.
- No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
- Assignment. You may not assign or transfer these Terms without our written consent. We may assign them freely, including in connection with a merger, acquisition or sale of assets.
- No third-party beneficiaries. These Terms do not create rights for anyone other than you and us.
- Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
- Survival. Sections 6 through 11 and 14 through 16 survive any termination of these Terms.
- Headings. Section headings are for convenience only and do not affect interpretation.
- Language. These Terms are written in English. Any translation is for convenience only, and the English version controls.
17. Contact
Questions about these Terms should go to contact@kingshopia.com, or by mail to the registered address below.
Legal entity
- Operating company
- Novary Dynamics Inc. — novarydynamics.com
- Founder
- Luis J. Elizondo A.
- Formation state
- Delaware, United States
- Entity ID
- 10639714
- State status
- Active / Good Standing
- Registered address
- 254 Chapman Rd, Ste 208 #27914
Newark, Delaware 19702, United States
