Terms of Service

Last update: 1 February 2024
Effective date: 1 February 2024

1 Our service

1. Eligibility: In order to use the Service, you must agree to these terms. If you do not agree, please do not use the Service.You must be of legal age to contract with us and you must obey all local, national and international laws. If you allow someone else to use your account, you're responsible for what they do with it. No one under the age of 15 is allowed to use the Service.
2. Licence: We grant you a temporary, non-exclusive licence to use the Service for your personal or business use as permitted by the features of the Service. We may terminate this licence at any time.
3. Trial and registration: To access the full functionality of the Service, you must register and create an account by providing us with some information such as your email address and payment information. Please keep this information accurate and up to date. We will communicate with you primarily through the email associated with your account.
4. Support: We offer free standard technical support, which includes help with the basic features and functions of our service as they are intended to work. However, we don't support application-specific problems (such as setting up web servers or databases) or problems related to your own software or hardware. Support is provided online and we reserve the right to change the way it's provided with ten days' notice.
5. Service location: Our services are administered from the Czechia and are designed to comply with Czech laws and regulations. If you use the Service from another country, you should ensure that it's legal and appropriate in your location. We don't guarantee that our service is appropriate or available anywhere in the world. If you are from a country with which Czechia has trade restrictions, or if you are on a Czechia government list of prohibited or restricted parties, you cannot use the Service. If you need us to serve you from another location, let us know and we may be able to help you due to our multi-platform solution.

2 Our commitments

We are committed to providing our services in a professional manner. We don't own the information you provide through our services, but we do care about your privacy and the security of your information. We use reasonable security measures to protect it, although we cannot guarantee that it will be completely secure from unauthorised access.

3 Your Responsibilities

You are responsible for all the data processed through our platform and ensuring all third-party content you add meets our terms. You can’t sell our services without our permission but may join our Affiliate program.

4 Billing and Financial Obligations

1. Payments: We charge for our services on a daily, weekly or monthly basis and you must pay within three days of receiving your invoice. If payments are late, you may lose access to some features. If you're really late (7‑day), we may have to take further action to get payment.
2. Fees changes: We can change our fees, but we will give you 7‑days' notice before doing so. We will not be responsible for any bank charges, interest charges, overdraft charges or other charges resulting from your payment of an invoice. Currency exchange settlements are based on agreements between you and your financial services provider.
3. No refunds: You can cancel at any time, but generally we don't offer refunds unless there are exceptional circumstances.

5 Data and intellectual property

We respect intellectual property rights and expect you to do the same when using the Service.

1. Ownership: All intellectual property developed or created by Nomodo.io is owned by us. This includes designs, software and technological innovations specific to our services.
2. Use: You may use Nomodo.io's intellectual property during your term of service for the purposes set out in our terms and conditions. Please do not use it for any other purpose without our permission. If you use our intellectual property without authorisation, you will be responsible for any damages caused.
3. Business identification: You may use Nomodo.io's name and logo to represent that you are using our services, but you may not imply any further endorsement or partnership without our written consent. We may revoke this permission at any time.
4. Feedback to Nomodo.io: If you provide feedback or suggestions for improving our services, we may use them without any obligation to compensate you. We value your input and may use it to improve our services.
5. Handling of your data: You give us permission to process your information as necessary to provide our services. This includes storing, processing and disclosing your information as necessary within the terms of the service and the law. You must have the appropriate rights or permissions for any data you allow us to process.

6 Indemnification

When you use our services, both you and Nomodo.io agree to cover each other's costs if problems arise as a result of certain actions. Here's how it works:

1. General rule: Both parties will protect each other from financial loss or legal problems caused by one party:
   1. Acted recklessly or intentionally caused damage.
   2. Has used the other party's intellectual property correctly, but still faces a legal claim that is not based on misuse.
   3. Failed to fulfil their obligations, causing damage or loss.
2. Specific to you: You must cover the costs of any problems arising from
   1. Your unauthorised sale or promotion of our services.
   2. Damage or injury caused by your users' mishandling of data.
   3. Misuse of our services by your users.
   4. Legal issues arising from intellectual property that you have allowed us to display or use.
   5. Failure to notify us if the service is being used for non-business purposes or outside the US, which may cause problems.
3. Specific to Nomodo.io: We will cover losses if
   1. There’s damage or injury from using our services as intended.
   2. There are claims that we've infringed someone else's intellectual property with our services.
4. Dealing with problems: If there's a claim or problem:
   1. The affected party must promptly notify the other party.
   2. Both parties will work together to resolve the issue.
   3. Nomodo.io may control the legal defence related to our services, but will consult you on important decisions.

This setup ensures that both parties are responsible and fair in dealing with legal issues arising from the use of Nomodo.io's services.

7 Limitation of liability

When using our services, it's important to understand the limits of liability that both parties agree to:

1. General limitations:
   1. Neither Nomodo.io nor its agents will be liable for any indirect, incidental, special, punitive, exemplary, governmental, or consequential damages. This includes lost profits or lost data related to the use of our services or the Terms of Service.
   2. The remedies set forth in our Agreement are the only remedies available and apply in all situations, even if the damages could have been foreseen or if the remedies do not completely remedy the problem.
2. Limits of liability:
   1. The total amount payable by either party will not exceed the fees paid by you to Nomodo.io in the 12 months prior to the dispute.
   2. Nomodo.io is not liable for any problems arising from your incorrect configuration or use of our services.
3. Exceptions to the limitations:
   1. These limitations don't apply in the event of a breach of warranty or intellectual property rights.
   2. They also don't apply to your financial obligations to Nomodo.io under the terms of the Agreement.

This framework ensures that both you and Nomodo.io understand the financial risks and responsibilities involved in using our services.

8 Disclaimer of Warranties

We provide the Service "as is" without any warranty that it will meet your requirements or that it will be uninterrupted, secure or error-free.

9 General

1. Changes and notices: We may update these Terms and will notify you by email or on our website.
2. Entire agreement: These Terms, together with any updates and additional agreements you may enter into with us in connection with the Service, constitute the entire agreement between us.
3. Contacting us: If you have any questions, please email us at legal@nomodo.io.