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Punchy — Terms of Service

Effective Date: July 16, 2026 Last Updated: July 16, 2026

These Terms of Service (the “Terms”) form a binding legal agreement between Novasoft LLC, a California limited liability company (“Novasoft,” “we,” “us,” or “our”), and the individual or entity (“Customer,” “you,” or “your”) that accesses or uses the Punchy time-tracking service available at punchy.live, app.punchy.live, and any related applications, APIs, kiosks, websites, and software (collectively, the “Service”).

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A BINDING ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER (SECTION 17) THAT AFFECT YOUR LEGAL RIGHTS. THEY ALSO INCLUDE BROAD DISCLAIMERS OF WARRANTIES (SECTION 11) AND LIMITATIONS OF LIABILITY (SECTION 12). BY CREATING AN ACCOUNT OR OTHERWISE USING THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS.

If you do not agree to these Terms, you may not access or use the Service.

1. Eligibility and Account Registration

1.1 Age and Capacity. You must be at least eighteen (18) years old, register as an individual for your own personal, family, or household purposes, and have the legal capacity to enter into a binding contract under the laws of the State of California and your jurisdiction of residence. The Service is offered to individual consumers only; you may not register or use the Service on behalf of a company, organization, or other legal entity (see Section 2.2).

1.2 Accurate Information. You agree to provide accurate, current, and complete information during registration (a valid email address) and to keep that information current. We may verify the information you provide.

1.3 Account Security. You are solely responsible for safeguarding your password, the security of your account, your kiosk URL, the kiosk PINs you set for Tracked Individuals, and any tokens issued to you, and for all activities that occur under your account or kiosk URL. You agree to notify us promptly of any unauthorized access or use. Novasoft will not be liable for any loss or damage arising from your failure to comply with this section.

1.4 One Account per Customer. Each Customer is permitted one active account. We may, at our discretion, refuse to create, or suspend, accounts that we reasonably believe are duplicates, fraudulent, or otherwise non-compliant with these Terms.

2. Description of the Service

2.1 What Punchy Does. The Service is a lightweight time-tracking tool. It allows you to register an account, define a list of one or more individuals whose time you wish to track (each, a “Tracked Individual”), share a public kiosk URL with those Tracked Individuals, and view records of when they press “Punch In” and “Punch Out.” The Service may also offer related features such as payment records, CSV exports, notes, email notifications, and timezone display.

2.2 Personal and Household Use Only. The Service is offered solely to individual consumers for personal, family, or household purposes — for example, recording the hours of a house cleaner, gardener, dog walker, tutor, caregiver, or other casual adult helper for your own convenience. You may not access or use the Service as, or on behalf of, a business, company, employer, or other organization, or for any commercial, professional, or employment-related workforce-management purpose. The Service is for adults only: you may not add any person under eighteen (18) years old as a Tracked Individual, and the Service is not intended for tracking children or other minors. Any access to or use of the Service in violation of this Section is unauthorized and is at your sole risk; we may refuse, suspend, restrict, or terminate it at any time (see Section 3).

2.3 What Punchy Is Not. The Service is provided as a convenience tool. It is not:

  • a payroll, tax-filing, or wage-and-hour compliance service;
  • a workforce-management, staffing, or human-resources service;
  • a legal, accounting, or financial advisory service;
  • a system of record for legally required time-and-attendance records, unless you independently verify that it meets the requirements of laws applicable to your arrangement;
  • a substitute for any compliance program required by federal, state, local, or foreign law, including but not limited to the Fair Labor Standards Act, the IRS rules applicable to household workers, state wage-and-hour or domestic-worker laws, or any equivalent.

You are solely responsible for determining whether the Service meets your legal, regulatory, contractual, and operational needs, and for maintaining any independent records required by applicable law.

2.4 No Relationship Created Between You and Tracked Individuals. Nothing in these Terms, in the Service, or in any feature, label, or output of the Service (including any user-interface label, the kiosk, CSV exports, or email notifications) creates, characterizes, defines, or evidences any employment, agency, independent-contractor, partnership, joint-venture, or other legal relationship between you and any Tracked Individual. Whether any such relationship exists, and the legal consequences of any such relationship — including obligations relating to wages, overtime, minimum wage, taxes, withholdings, workers’ compensation, unemployment insurance, benefits, paid leave, recordkeeping, posting, and notice requirements — is determined by the facts of your arrangement and by the laws applicable to it, not by your use of the Service. You are solely responsible for correctly characterizing your relationship with each Tracked Individual and for complying with all laws applicable to that relationship in every jurisdiction in which it is carried on.

2.5 Evolving Service. The Service is under active development. We may add, modify, suspend, or discontinue features at any time, with or without notice. We have no obligation to maintain backward compatibility, preserve any particular feature, or provide any specific level of performance.

3. Right to Refuse and Terminate Service

3.1 Right to Refuse. Novasoft reserves the right, in its sole and absolute discretion and for any reason or no reason, with or without notice, to:

  • decline to create an account for any applicant;
  • suspend, restrict, throttle, or limit access to the Service for any Customer;
  • terminate any account or these Terms in whole or in part;
  • delete any account data;
  • refuse to provide further service to any Customer;

without incurring any liability to you or any third party. We may exercise these rights even if you have not breached these Terms. Nothing in these Terms creates any obligation on Novasoft to continue providing the Service to any particular Customer.

3.2 No Right to Reinstatement. A Customer whose account is refused, suspended, or terminated has no right to be reinstated, to obtain an explanation, or to receive any compensation, credit, or refund (whether or not fees have been paid).

3.3 Effect of Termination. Upon termination, your right to access and use the Service ceases immediately. Sections that by their nature should survive termination — including Sections 6 (Customer Data and Tracked Individual Data), 7 (Acceptable Use), 8 (Intellectual Property), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 17 (Dispute Resolution), 18 (Governing Law), and 20 (Miscellaneous) — will survive.

4. Fees

4.1 Currently Free. As of the Effective Date, the Service is provided to you at no charge. Your use is subject to all other provisions of these Terms.

4.2 Future Fees. Novasoft reserves the right to introduce fees, subscription charges, usage limits, or tiered plans for any portion of the Service at any time. We will provide reasonable advance notice (which may be by email or in-product notice) before any fees take effect for existing Customers. Your continued use of the Service after the effective date of such fees constitutes your agreement to pay them. If you do not wish to pay, your sole remedy is to stop using the Service before the fees take effect.

4.3 Taxes. If fees are introduced, you are responsible for all taxes (other than taxes on Novasoft’s net income) associated with your purchase of the Service.

4.4 No Refunds Promised. Except where required by applicable law, all fees, once paid, are non-refundable, and any refund granted by Novasoft is at our sole discretion and does not create any precedent or obligation.

5. Account Deletion and Data Handling

5.1 Customer-Initiated Deletion. You may request deletion of your account at any time through the in-app account-deletion flow. Upon confirmation, your account record, Tracked Individual records, time entries, notes, and verification tokens will be permanently deleted from our primary production database, as described in our technical documentation.

5.2 Backups and Logs. Deleted data may persist for a limited period in encrypted backups, system logs, or other archival systems used for disaster recovery, security, or legal compliance. Such residual copies are not actively accessed and are subject to standard retention and purge cycles.

5.3 Aggregated and De-Identified Data. Novasoft may retain and use, in perpetuity, aggregated and de-identified data derived from your use of the Service (data that does not identify you or any Tracked Individual), including for analytics, product improvement, and benchmarking.

5.4 Export Before Deletion. You are responsible for exporting any data (e.g., CSV time logs) you wish to retain before deleting your account or before your account is terminated by us. After deletion, we have no obligation to provide your data to you in any form.

6. Customer Data and Tracked Individual Data

6.1 Definitions. “Customer Data” means all data, content, and information that you, any Tracked Individual, or anyone using your kiosk URL submits to or generates within the Service, including but not limited to the names of Tracked Individuals, punch-in/punch-out events, payment records, and notes. “Tracked Individual Data” means the subset of Customer Data that relates to an identified or identifiable natural person other than you.

6.2 You Are the Controller. As between you and Novasoft, you are the sole controller of, and solely responsible for, all Customer Data and Tracked Individual Data, including its accuracy, quality, legality, and lawful collection and use. Novasoft acts only as a processor or service provider performing the operations you direct through the Service.

6.3 Your Representations and Warranties. You represent and warrant that:

  • Each Tracked Individual you add is at least eighteen (18) years old, and you will not add, or submit data about, any person under 18 as a Tracked Individual;
  • You have all rights, consents, licenses, and authorizations necessary under applicable law to collect, upload, transmit, and process the Customer Data and Tracked Individual Data through the Service;
  • You have provided each Tracked Individual with all required notices and obtained all required consents under applicable privacy, consumer-protection, labor, employment, and surveillance laws (including, where applicable, the California Consumer Privacy Act / California Privacy Rights Act, the California Labor Code, and equivalent laws of any jurisdiction in which any Tracked Individual resides or performs services);
  • Your use of the Service complies with all laws applicable to you and to your relationship with each Tracked Individual (including, where applicable, wage-and-hour, employment, labor, tax, and privacy laws);
  • You will not submit to the Service any data that is unlawful, infringing, defamatory, obscene, or that you do not have the right to submit;
  • You will not submit through the Service any sensitive personal information beyond what is reasonably necessary for time-tracking (e.g., do not submit Social Security numbers, financial account numbers, government-issued IDs, biometric identifiers, or protected health information).

6.4 Kiosk URL and PIN Risk. You acknowledge that the kiosk URL is an unguessable but unauthenticated capability URL. The kiosk requires a per-Tracked-Individual PIN that you set: opening the kiosk URL alone does not reveal the names of your Tracked Individuals, and a valid PIN unlocks only the single Tracked Individual it belongs to (their name, status, time records, and the ability to submit punch records on their behalf). You therefore acknowledge that anyone who possesses both the kiosk URL and a valid PIN can view that Tracked Individual’s information and submit punch records on their behalf. A PIN is a shared secret, not proof of identity; we do not verify who enters it. You are solely responsible for choosing PINs, for distributing, posting, displaying, restricting, and (where appropriate) rotating the kiosk URL, and for keeping the kiosk URL and all PINs confidential. Novasoft is not liable for any loss, disclosure, or misuse resulting from your sharing of the kiosk URL or any PIN.

6.5 Punch Records Are Not Authoritative. Punch records are recorded based on inputs received from your kiosk. We do not verify the identity of the person operating the kiosk. You are solely responsible for confirming the accuracy of punch records and for any decisions (including payroll decisions) you make based on them.

7. Acceptable Use

You agree that you will not, and will not permit anyone using your account or kiosk URL to:

(a) use the Service for any unlawful, fraudulent, deceptive, harassing, or harmful purpose; (b) violate any applicable law, regulation, or third-party right; (c) use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of it; (d) probe, scan, or test the vulnerability of the Service, or attempt to bypass any authentication, captcha, rate-limit, idempotency, or security feature; (e) reverse engineer, decompile, or disassemble the Service, except to the extent applicable law expressly permits; (f) access the Service by any means other than the interfaces we provide, including by scraping, automated tools, bots, or unauthorized APIs; (g) resell, sublicense, lease, time-share, or otherwise make the Service available to third parties as a service bureau (other than allowing your own Tracked Individuals to use the kiosk URL as intended); (h) use the Service to build a competing product or service, or to benchmark the Service for the benefit of a competitor; (i) upload viruses, malware, or any other malicious code; (j) misrepresent your identity, your authority, your relationship to any Tracked Individual, or any data you submit; (k) use the Service to surveil any individual in violation of applicable law, or to evade any legal recordkeeping obligation.

We may investigate any suspected violation of this Section 7 and may take any action permitted under Section 3, including termination, with or without notice.

8. Intellectual Property

8.1 Novasoft IP. The Service, including all software, source code, designs, logos, trademarks, content (other than Customer Data), and documentation, is the exclusive property of Novasoft and its licensors and is protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely as described in these Terms. No other rights are granted, expressly or by implication.

8.2 Customer Data License. You retain all rights in Customer Data. You grant Novasoft a worldwide, royalty-free, non-exclusive license to host, copy, transmit, display, process, and otherwise use Customer Data solely to: (a) provide and improve the Service; (b) prevent or address technical or security issues; (c) comply with legal obligations; and (d) generate aggregated and de-identified data as described in Section 5.3.

8.3 Feedback. If you submit feedback, suggestions, or ideas regarding the Service, you grant Novasoft a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to use, modify, and exploit such feedback for any purpose without compensation or attribution.

9. Third-Party Services

The Service may rely on or integrate with third-party services (for example, Cloudflare for bot protection, Amazon Web Services for hosting and email delivery, and PostHog for the anonymous usage analytics described in our Privacy Policy). Your use of any such third-party services is subject to their separate terms. Novasoft is not responsible for the acts, omissions, or terms of any third party.

10. Modifications to the Service and to These Terms

10.1 To the Service. We may modify, suspend, or discontinue the Service or any part of it at any time, with or without notice, and without liability.

10.2 To These Terms. We may modify these Terms at any time by posting an updated version at punchy.live/terms (or its successor URL) and updating the “Last Updated” date. Material changes will be notified by email or in-product notice when reasonably practicable. Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service.

11. Disclaimers — No Warranties; No Promise of Fitness

11.1 “AS IS” and “AS AVAILABLE.” THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. To the maximum extent permitted by applicable law, Novasoft and its affiliates, officers, directors, employees, agents, suppliers, and licensors disclaim all warranties, including without limitation:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
  • ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS;
  • ANY WARRANTY THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
  • ANY WARRANTY AS TO THE ACCURACY, RELIABILITY, OR TIMELINESS OF ANY DATA OR INFORMATION OBTAINED THROUGH THE SERVICE, INCLUDING PUNCH RECORDS, PAYMENT CALCULATIONS, AND TIME LOGS;
  • ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

11.2 No Promise of Fit. YOU ACKNOWLEDGE AND AGREE THAT NOVASOFT HAS MADE NO PROMISE OR REPRESENTATION THAT THE SERVICE WILL BE SUITABLE FOR YOUR PARTICULAR USE CASE, INDUSTRY, JURISDICTION, OR LEGAL OR REGULATORY OBLIGATIONS. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE SERVICE.

11.3 No Reliance. You agree not to rely on any oral or written statement, promise, demonstration, or representation regarding the Service that is not expressly contained in these Terms.

11.4 Statutory Exceptions. Some jurisdictions do not allow the exclusion of certain warranties. The disclaimers in this Section 11 apply to the maximum extent permitted by applicable law. Nothing in these Terms is intended to limit any rights you may have as a consumer under non-waivable provisions of applicable law.

12. Limitation of Liability

12.1 No Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NOVASOFT OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, ANTICIPATED SAVINGS, DATA, OR USE, arising out of or in connection with these Terms or the Service, regardless of the cause of action and even if Novasoft has been advised of the possibility of such damages.

12.2 Aggregate Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVASOFT’S TOTAL CUMULATIVE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO NOVASOFT FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

12.3 Essential Basis. The limitations of liability in this Section 12 are a material and essential basis of the bargain between you and Novasoft. They apply even if any limited remedy fails of its essential purpose.

12.4 Statutory Carve-Outs. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law (for example, liability for fraud or for death or personal injury caused by gross negligence). For California residents, you waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

13. Indemnification

You agree to defend, indemnify, and hold harmless Novasoft and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

(a) your access to or use of the Service; (b) your Customer Data, including any Tracked Individual Data, and any claim by any Tracked Individual or any other third party relating to Tracked Individual Data; (c) your violation of these Terms or of any applicable law (including without limitation wage-and-hour, labor, privacy, or surveillance laws); (d) your violation of any third-party right, including any intellectual property or privacy right; (e) any dispute between you and any Tracked Individual or any other third party arising from your use of the Service.

Novasoft reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Novasoft’s defense.

14. Privacy

Our handling of personal information is described in our Privacy Policy, available at punchy.live/privacy (or its successor URL), which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understood the Privacy Policy.

15. Beta and Pre-Release Features

From time to time we may offer features identified as “beta,” “preview,” “experimental,” “early access,” or similar (“Beta Features”). Beta Features are provided for evaluation only, may be incomplete or unstable, and may be modified or withdrawn at any time. Beta Features are provided without any warranty whatsoever, and Section 12 applies to them with particular force.

16. Notices and Communications

16.1 From You to Novasoft. Legal notices must be sent to legal@punchy.live. You agree that electronic notice to this address satisfies any requirement that such notice be in writing.

16.2 From Novasoft to You. We may send notices to you by email at the address associated with your account, by in-product message, or by posting to punchy.live. You consent to receive notices electronically and agree that electronic notices satisfy any legal requirement that such notices be in writing.

16.3 Service Communications. You agree to receive operational emails related to the Service (account verification, password reset, account deletion, security alerts, and material changes to the Service or these Terms). You may not opt out of these operational communications while you maintain an account.

17. Dispute Resolution — Binding Arbitration and Class-Action Waiver

THIS SECTION REQUIRES YOU AND NOVASOFT TO RESOLVE DISPUTES THROUGH INDIVIDUAL, BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT AS SET FORTH BELOW. IT ALSO WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION. PLEASE READ IT CAREFULLY.

17.1 Informal Resolution. Before initiating arbitration, you and Novasoft agree to attempt in good faith to resolve any dispute informally for at least sixty (60) days after written notice describing the dispute, the relief requested, and the parties’ contact information has been delivered to the other party.

17.2 Agreement to Arbitrate. Except as expressly excluded in Section 17.5, any and all disputes, claims, or controversies arising out of or relating to these Terms or the Service, whether sounding in contract, tort, statute, or otherwise (each, a “Dispute”), will be resolved exclusively by final and binding individual arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures then in effect.

17.3 Federal Arbitration Act. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this Section 17.

17.4 Arbitration Procedure. The arbitration will be conducted by a single neutral arbitrator. The seat of arbitration will be San Francisco, California, although either party may participate by telephone or video conference and, for claims under USD $25,000, the arbitration may be conducted entirely on documents. The arbitrator’s award will be in writing and final, and judgment on it may be entered in any court of competent jurisdiction. The arbitrator may award only individual relief and may not award relief affecting any person other than you and Novasoft.

17.5 Exceptions. Notwithstanding Section 17.2, either party may: (a) bring an individual action in small claims court in San Francisco, California (or your county of residence, if applicable) for any Dispute within that court’s jurisdiction; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or unauthorized access to or use of the Service.

17.6 Class-Action Waiver. YOU AND NOVASOFT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative or class proceeding. If a court decides that this waiver is unenforceable as to any particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed and resolved in a court of competent jurisdiction in San Francisco, California; all other claims will proceed in arbitration.

17.7 30-Day Right to Opt Out. You may opt out of this Section 17 by sending a written notice to legal@punchy.live within thirty (30) days of first accepting these Terms. The notice must include your name, the email associated with your account, and the statement “I opt out of the Punchy arbitration agreement.” Opting out does not affect any other provision of these Terms.

17.8 Severability of This Section. If any portion of this Section 17 (other than the Class-Action Waiver) is found to be unenforceable, the remainder of this Section 17 will remain in full force and effect.

18. Governing Law and Venue

These Terms and any Dispute (subject to Section 17) will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any claim not subject to arbitration under Section 17, the parties consent to the exclusive personal jurisdiction and venue of the state and federal courts located in San Francisco County, California.

19. Export, Sanctions, and U.S. Government Users

You represent that you and your end users are not located in, and are not a national or resident of, any country subject to a U.S. government embargo or designated by the U.S. government as a “terrorist supporting” country, and that you and your end users are not on any U.S. government list of prohibited or restricted parties. You will not use, export, or re-export the Service in violation of U.S. or other applicable export control or sanctions laws.

20. Miscellaneous

20.1 Entire Agreement. These Terms, together with the Privacy Policy and any other policies or terms expressly referenced in these Terms, constitute the entire agreement between you and Novasoft regarding the Service and supersede all prior and contemporaneous agreements, understandings, and communications, whether oral or written.

20.2 No Waiver. Novasoft’s failure to enforce any provision of these Terms is not a waiver of that provision or of any other provision. Any waiver must be in writing and signed by an authorized representative of Novasoft to be effective.

20.3 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be reformed to the minimum extent necessary to make it enforceable while preserving its intent.

20.4 Assignment. You may not assign or transfer these Terms or any rights or obligations under them without Novasoft’s prior written consent. Any attempted assignment in violation of this Section is void. Novasoft may freely assign or transfer these Terms, in whole or in part, without your consent (including in connection with a merger, acquisition, reorganization, or sale of assets). These Terms bind and benefit the parties’ permitted successors and assigns.

20.5 No Agency. No agency, partnership, joint venture, employment, or franchise relationship is created between you and Novasoft by these Terms. Neither party has authority to bind the other.

20.6 Third-Party Beneficiaries. There are no third-party beneficiaries to these Terms, except that Novasoft’s affiliates, officers, directors, employees, agents, suppliers, and licensors are intended third-party beneficiaries of Sections 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), and 17 (Dispute Resolution).

20.7 Force Majeure. Novasoft will not be liable for any delay or failure in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemics, government action, labor disputes, internet or telecommunications outages, denial-of-service or other cyber attacks, or failures of third-party services or infrastructure.

20.8 Headings. Section headings are for convenience only and have no legal or contractual effect.

20.9 Language. These Terms are written in English. Any translation provided is for convenience only; the English version controls.

20.10 Contact. Questions about these Terms may be sent to support@punchy.live. Legal notices must be sent as described in Section 16.1.