When you think of Austria, the first thing that comes to mind is Julie Andrews prancing around a mountain, but this marzipan filled city has a lot more to offer than just the Sound of Music tour.
Access to third-party accounts
Facebook account access
Permissions: Birthday; Email
Hosting and backend infrastructure
Managing contacts and sending messages
Personal Data: email address; first name; last name
Personal Data: Cookies; Usage Data
Facebook Analytics for Apps
Personal Data: geographic position
User database management
Owner and Data Controller
Nomad Technologies Ltd
11 Brompton Place
London, SW3 1QE
Owner contact email: email@example.com
Owner and Data Controller
Nomad Technologies Ltd
11 Brompton Place
London, SW3 1QE
Owner contact email: firstname.lastname@example.org
Types of Data collected
Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookies; Usage Data; email address; first name; last name; geographic position.
Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application.
Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party’s consent to provide the Data to the Owner.
Methods of processing
The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.
Legal basis of processing
The Owner may process Personal Data relating to Users if one of the following applies:
Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
processing is necessary for compliance with a legal obligation to which the Owner is subject;
processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;
processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.
In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
The Data is processed at the Owner’s operating offices and in any other places where the parties involved in the processing are located.
Depending on the User’s location, data transfers may involve transferring the User’s Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.
Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.
If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.
The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
The purposes of processing
The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Analytics, User database management, Managing contacts and sending messages, Access to third-party accounts, Hosting and backend infrastructure and Location-based interactions.
Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.
Facebook permissions asked by this Application
This Application may ask for some Facebook permissions allowing it to perform actions with the User’s Facebook account and to retrieve information, including Personal Data, from it. This service allows this Application to connect with the User’s account on the Facebook social network, provided by Facebook Inc.
The permissions asked are the following:
By default, this includes certain User’s Data such as id, name, picture, gender, and their locale. Certain connections of the User, such as the Friends, are also available. If the User has made more of their Data public, more information will be available.
Provides access to the birthday.
Provides access to the User’s primary email address.
Personal Data is collected for the following purposes and using the following services:
This type of service allows this Application to access Data from your account on a third-party service and perform actions with it.
These services are not activated automatically, but require explicit authorization by the User.
Facebook account access (this Application)
This service allows this Application to connect with the User’s account on the Facebook social network, provided by Facebook, Inc.
Permissions asked: Birthday; Email.
This type of service has the purpose of hosting Data and files that enable this Application to run and be distributed as well as to provide a ready-made infrastructure to run specific features or parts of this Application. Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.
DigitalOcean (DigitalOcean Inc.)
DigitalOcean is a hosting service provided by DigitalOcean Inc.
This type of service makes it possible to manage a database of email contacts, phone contacts or any other contact information to communicate with the User.
These services may also collect data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message.
Mailchimp (The Rocket Science Group, LLC.)
Mailchimp is an email address management and message sending service provided by The Rocket Science Group, LLC.
Personal Data collected: email address; first name; last name.
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.
MixPanel is an analytics service provided by Mixpanel Inc.
Personal Data collected: Cookies; Usage Data.
Facebook Analytics for Apps (Facebook, Inc.)
Facebook Analytics for Apps is an analytics service provided by Facebook, Inc.
Non-continuous geolocation (this Application)
This Application may collect, use, and share User location Data in order to provide location-based services.
Most browsers and devices provide tools to opt out from this feature by default. If explicit authorization has been provided, the User’s location data may be tracked by this Application.
The geographic location of the User is determined in a manner that isn’t continuous, either at the specific request of the User or when the User doesn’t point out its current location in the appropriate field and allows the application to detect the position automatically.
Personal Data collected: geographic position.
This type of service allows the Owner to build user profiles by starting from an email address, a personal name, or other information that the User provides to this Application, as well as to track User activities through analytics features. This Personal Data may also be matched with publicly available information about the User (such as social networks’ profiles) and used to build private profiles that the Owner can display and use for improving this Application.
Some of these services may also enable the sending of timed messages to the User, such as emails based on specific actions performed on this Application.
Intercom (Intercom Inc.)
Intercom is a User database management service provided by Intercom Inc. Intercom can also be used as a medium for communications, either through email, or through messages within this Application.
Users may exercise certain rights regarding their Data processed by the Owner.
In particular, Users have the right to do the following:
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
The User’s Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Application or the related Services.
The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.
For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) use other Personal Data (such as the IP Address) for this purpose.
More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.
This Application does not support “Do Not Track” requests.
To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.
Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.
Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
Information collected automatically through this Application (or third-party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.
The individual using this Application who, unless otherwise specified, coincides with the Data Subject.
The natural person to whom the Personal Data refers.
The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.
The means by which the Personal Data of the User is collected and processed.
The service provided by this Application as described in the relative terms (if available) and on this site/application.
Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.
Small sets of data stored in the User’s device.
This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).
Effective Date: 14 December, 2018
Your acceptance of these Terms, including the binding arbitration clause and class action waiver in section 6.8 below, is required in order for you to access and use the Nomad Solution. By registering with Nomad, or by using the Nomad Solution in whole or in part, you are entering into a legally binding agreement with us. Please read these Terms carefully. If you do not agree to these Terms, you cannot use the Nomad Solution. We reserve the right at our discretion to propose modifications to these Terms periodically. We will notify you of such changes via an email sent to the email address we have on file for you or via other notification mechanisms. Your continued use of and access to the Nomad Solution after notice of such modifications indicates your acceptance of and agreement to the modified Terms. If you violate any of these Terms, your permission to use the Nomad Solution automatically terminates, unless such violation is waived by us in writing in our sole discretion.
“App”: the Nomad smartphone application that we may (or may not in our discretion) make available for download on third party application stores such as iTunes and Google Play.
“Commercial Use”: any commercial activity, including: (a) charging for access to the Service or Content or for the Service’s functionality or data directly or indirectly; (b) utilizing the Service in any commercial website or application or in support of any commercial for-profit activity, or in support of the operations of any business; and (c) emulating or framing the Service and passing it off as your own.
“Content”: images, maps, photos, video, audio, documents, webpages, edits, variations, layers, messages, polls, queries, posts, comments, signals, votes, ratings, rankings, and any other text, content, information or data, created, derived from or accessible via use of the Nomad Solution, or otherwise made available by and to Nomad Users, including any of the foregoing provided by a Nomad User or by us.
“Nomad”: Nomad Technologies Limited , a limited company organized under the laws of England and Wales. In these Terms, Nomad is referred to by “us”, “we” or “our”, as applicable.
“Nomad Solution”: the App, the Site and the Services.
“Nomad User”: you and any other user of the Nomad Solution.
“Non-Commercial Use”: any activity that is not Commercial Use, including personal, individualized use by a single person, and use of APIs that we designate as publicly available. You may ask us whether a certain use is Non-Commercial Use via email sent to email@example.com
“Services”: the services, features, application programming interfaces (APIs), and functionality accessible via use of the Site and the App, including functionality for the provision, modification, display, storage or management of Content.
“Terms”: these Terms of Service, as may be modified on one or more occasions.
“You” or “your”: the individual using the Nomad Solution, or clicking “accept” or “agree” where indicated, and thereby becoming bound by these Terms, and the company or other legal entity represented by such individual, or for whom such individual uses the Nomad Solution, and all affiliates thereto.
1.2 Commercial Use. You may not use the Nomad Solution for any Commercial Use except as separately agreed between us in a signed writing. Other than for your Non-Commercial Use, and as otherwise permitted by section 1.1, you may not use, sublicense, transfer, distribute, make derivative works of, or make available, the Service or Content. Such activity is not licensed or authorized under these Terms and if undertaken may result in pursuit of all available remedies for intellectual property rights (including copyright infringement), the availability of which you hereby acknowledge.
1.3 Nomad User Licenses to Us. You and each Nomad User hereby grant to us the perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, non- exclusive right and license to use, reproduce, modify, create derivative works of, perform, display and distribute without restriction (including via any medium) Content, in whole or in part, for commercial and non-commercial purposes, including (a) for purposes of providing, developing, improving, making available (including via public search engines), promoting and marketing the Nomad Solution and (b) making available Nomad User Content under the Outbound Terms. Further, you agree that we are free to use and implement in perpetuity without compensation, attribution or obligation to you any feedback, benchmarks, requirements, suggestions, criticisms, improvements, recommendations, ideas, and error corrections provided by you to us relating to the Nomad Solution.
1.4 Reservation of Rights. No other right or license to the Nomad Solution or Content is provided, and no other license will be implied, by course of conduct or otherwise. We grant no right or license with respect to our patents. Each Nomad User retains all right, title and interest in and to such Nomad User’s Content, and all associated intellectual property rights, subject to these Terms. Subject to these Terms, we retain all right, title and interest in and to the Nomad Solution and our Content, and all associated intellectual property rights. Except as expressly authorized by these Terms and the Outbound Terms, you will not use, reproduce, or distribute Content not authored and owned by you. The user interface, user experience, icons, presentation layer and elements, terminology, gamification, reports, layouts, and screen displays of or generated by the Nomad Solution are our copyrightable content, our trade dress and our trademarks and servicemarks, and will not be reproduced, distributed, or displayed except for your internal use and not for external use or exploitation.
1.5 Consent to Emails; Data. You agree and consent to receive email messages from us, which may be transactional, for account management purposes, or for communications relating to or provided as part of the Nomad Solution, including administrative notices and service announcements or changes. You hereby consent to our collection and use of anonymized data (including meta-data, analytical, diagnostic and technical data, and usage statistics) concerning or arising from your use of the Nomad Solution, including in order to provide the functionality of and improve the Nomad Solution, for product development and marketing purposes, to protect against spam and malware, and for verifying Terms compliance.
1.6 Prohibited Use. You will not use, or enable or permit the use of the Nomad Solution to store or transmit infringing, libelous, offensive or otherwise unlawful or tortious material or data or in violation of privacy rights, or to transmit malicious code, viruses, time bombs, Trojan horses, or similar mechanisms, scripts, agents, bots or programs. You will not use or access Nomad Solution: (a) if you are a direct competitor of us or operating on behalf of such a direct competitor; or (b) for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes.
1.7 Payments. To the extent we charge fees, such charges are described on the Site and are nonrefundable. Fees may change from time to time. If we change fees or charges, we will give you reasonable notice. Your continued use of the Site after the change indicates your agreement with the new fees and charges after the effective date of the change. You are responsible for all taxes applicable to the fees in any applicable jurisdiction. Your obligation to pay fees continues through the end of the period during which you cancel your account.
2.1 Specific Prohibited Uses. You will not (a) use the Nomad Solution in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content; (b) delete, obscure, or in any manner alter any message, warning or link that appears in the Nomad Solution or the Content; (c) use the Nomad Solution or Content in whole or in part with any products, systems, or applications for or in connection with (i) navigation or route guidance, including but not limited to turn-by-turn route guidance that is synchronized to the position of a user’s sensor-enabled device; or (ii) any systems or functions for automatic or autonomous control of vehicle or device behavior; or (d) use the Nomad Solution or Content to create a database of places or other local listings information, except as expressly permitted by us as described on the Site.
2.2 Handling of Your Content. The App temporarily stores your Content in a manner such that deletion or malfunction of the App or malfunction of the Device on which the App is installed may result in the permanent deletion of your Content. Content is not uploaded and stored on our servers until the Content is uploaded via the upload mechanism in the App. Once your Content is uploaded, all Content locally stored on your device is deleted permanently. We may at any time filter, alter, modify, crop, or delete such Content in whole or in part before making it available on the Site and via the Service in our sole discretion, including in order to render the Content suitable for use on the Nomad Solution. We are under no obligation to publicly display Content that is posted to private repositories, or that is hidden by election of the contributing Nomad User. You hereby waive any moral, neighboring or other rights you may have (including rights in the nature of attribution, integrity, privacy, paternity, and rights to object to derogatory treatment) in your Content that would otherwise preclude us from filtering, altering, deleting, or using, copying or distributing, in accordance with these Terms, your Content. You acknowledge and agree that we may continue to store, display and otherwise exercise the rights set forth in section 1.3 above with respect to your Content even after termination, deactivation, or archiving of your account.
2.3 Propriety of Content. All Content, whether publicly posted on or privately transmitted within private groups, is the sole responsibility of the Nomad User from which such Content originated. No Nomad User will transmit Content or otherwise conduct or participate in any activities on or via the Nomad Solution which, in our sole judgment, is likely to be prohibited by law, or is violative or in breach of third party rights in any applicable jurisdiction, including without limitation laws governing libel and defamation, encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content, or otherwise engage in any activity in connection with the Nomad Solution, that (a) is hateful, offensive, libelous, defamatory, obscene, abusive, pornographic, lewd, erroneous, stalking, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) constitutes infringement of the intellectual property rights of any party, including rights to the use of name and likeness, or violation of a right of privacy; (d) creates an impression that is incorrect, misleading, or deceptive, including without limitation by impersonating others or by otherwise misrepresenting identity or affiliation with a person or entity; or (e) divulges other people’s private or personally identifiable information without their express authorization and permission. You represent and warrant that all Content you submit is accurate and not misleading to the best of your knowledge, is not confidential or privileged, and is not in violation of third party rights. We may, in our sole discretion, terminate the Services as to any Content that we believe in our sole judgment is not in compliance with these Terms. We may preserve and disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or safety of Nomad, Nomad Users and/or the public.
2.4 Use of Content. Each Nomad User, by using the Nomad Solution, may be exposed to Content that is offensive, indecent, objectionable, illegal, infringing, false or erroneous. Each Nomad User must evaluate, and will bear all risks associated with, the use of any Content, including any reliance on the quality, integrity, accuracy, completeness, or usefulness of such Content. We may refuse or delete any Content, including Content of which we become aware that fails to fulfill the purpose of the Services, is in breach of these Terms, is otherwise contrary to law, or is otherwise inappropriate in our discretion. We do not guarantee the accuracy, integrity or quality of any Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, liability for any errors, inaccuracies, or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content. We will have no obligation or liability to you or any Nomad User to maintain, store, or license Content, protect and maintain Content owners’ intellectual property rights, or to enforce these Terms. You hereby waive and release any claims you may have against us arising or resulting from use or misuse of Content or your inability to effectively use Content, your failure to comply with these Terms, or for any act, omission, or conduct of any Nomad User.
2.5 Third Party Sites. The Nomad Solution, Nomad Users, Content, or a third party may provide links to other websites or login access via such links. Such links will not be construed as an endorsement, sponsorship, or affiliation by us. We exercise no control over such other websites and web-based resources and are not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. We will not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection such other sites and resources.
3.1 Sign-On Credentials. When creating an account, you will receive or will be permitted to create or use existing online user name and password information (“Sign-On Credentials”), and are wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring under such Sign-On Credentials. You will not transfer to any party your Sign-On Credentials, or use the Sign-On Credentials of another, without our prior written consent. You will immediately notify us at firstname.lastname@example.org of any unauthorized use of Sign-On Credentials or any other breach of security. We will not be liable for any loss or damage arising from a Nomad User’s failure to comply with this section or from unauthorized use of the Sign-On Credentials.
3.2 Change of Username. We may require you, as a condition of use, to change your username if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
4.1 Prohibited Uses. You will not use the Nomad Solution in any manner that could damage, disable, overburden, or impair any Nomad-controlled server, or the network(s) connected to any such server, or interfere with any other party’s use and enjoyment of the Nomad Solution, including without limitation falsifying or altering Content posted by others except via normal and intended operation of the Services. You may not attempt to gain unauthorized access to other accounts, computer systems or networks connected to any of our servers or to any of the Services, including through hacking, password mining or any other means, or exploit bugs or vulnerabilities in the Nomad Solution. You are prohibited from violating or attempting to violate any security features of the Nomad Solution, including, without limitation, (a) accessing Content not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Nomad Solution, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with Services to any Nomad User, user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) using the Site or Service to send unsolicited email or messages, including, without limitation, promotions, or advertisements for products or services; (e) publishing or linking to malicious Content intended to damage or disrupt another Nomad User’s browser or computer or to compromise a Nomad User’s privacy or anonymity; (f) forging any TCP/IP packet header or any part of the header information in any email or in any posting; (g) accessing or tampering with non-public areas of the Site or Service, our computer systems, or the technical delivery systems of our providers; (h) accessing or searching or attempting to access or search the Nomad Solution by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by us (and only pursuant to these Terms), unless you have been specifically allowed to do so in a separate agreement with us; (i) deep-linking to the Site for any purpose (i.e., posting a link to a Site web page other than the home page) except as otherwise expressly permitted by us on the Site; or (j) removing or obscuring any form of advertising or displayed via the Nomad Solution.
4.2 No Harvesting or Crawling. You will not engage in scraping, harvesting or other collection of information about other Nomad Users, including email addresses, without our prior and each such Nomad User’s prior written consent. You agree not to “crawl” the Nomad Solution or use or launch any automated system, including without limitation, “robots”, “spiders”, etc. that accesses the Nomad Solution or pulls Content therefrom (other than those used by public search engine providers for the sole purpose of creating publicly available searchable indices).
4.3 No Framing. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services on the Site. The Nomad Solution is for your Non-Commercial Use only, except as may otherwise be agreed by us in a separate signed writing. Without limiting the generality of the foregoing, you will not publish, distribute or transmit to the general public via any medium, whether via print, online, or otherwise, the Content (other than your own) or Services, except through the Site or as otherwise authorized by these Terms or by us, you will not engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Nomad Solution, and you will not send messages purporting to be from us. You will not remove or attempt to obscure any copyright, trademark or other proprietary rights notices contained in or on the Site or associated with the Services, including ours and our licensors.
4.4 Account Data. While we will endeavor to back up Site and Service data and make such data available in the event of loss or deletion, we have no responsibility or liability for the deletion or failure to store any Content. You acknowledge and agree that your Content shall not be retrievable or accessible except via your authorized use of the Services and that we are under no obligation to compile and return to you your Content, including if Services terminate for any reason or if you elect to deactivate your account. We reserve the right to mark as “inactive” and archive accounts and/or streams, queries, projects, forums, discussions or similar interactions that are inactive for an extended period of time. Further, you acknowledge that we may monitor and collect information (including but not limited to technical and diagnostic information) about your usage of the Nomad Solution in order to improve the Nomad Solution and to verify compliance with these Terms.
4.5 Notifications to Us. If you believe that you are entitled or obligated to act contrary to these Terms under any mandatory or applicable law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least thirty days before you so act, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
4.6 Notifications to You. For purposes of service messages and notices about the Services to you, we may place a banner notice across Site pages to alert you to certain changes such as modifications to these Terms. Alternatively, notice may consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you in relation to your account and otherwise in relation to these Terms through your account or through other contact information you have provided to us, including email, mobile number, telephone, or delivery services including the postal service. You acknowledge and agree that we will have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4.7 Network Security Risks. Because no online system is perfectly secure or reliable, the internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured, you accept security risks associated with or arising from your use of the Nomad Solution, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
5.1 Disclaimer. EACH NOMAD USER’S USE OF THE NOMAD SOLUTION AND CONTENT IS AT HIS OR HER SOLE RISK. THE NOMAD SOLUTION AND CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY, CURRENCY, TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE OR DISPLAY ANY CONTENT, NOMAD USER COMMUNICATIONS, PERSONALIZATION SETTINGS, OR OTHER INFORMATION OR DATA. EACH NOMAD USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER OR DEVICE SYSTEM AND WE WILL HAVE NO LIABILITY FOR ANY LOSS OF PROFIT, PRIVACY, SECURITY, OPPORTUNITY, REVENUE, ADVANTAGE, INFORMATION OR DATA THAT RESULTS FROM USE OF THE NOMAD SOLUTION OR CONTENT. TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Specifically, we make no warranty that (a) the Nomad Solution or Content will meet your requirements, goals or needs, (b) Nomad Solution or Content access will be uninterrupted, timely, secure or error-free, or (c) any errors or deficiencies in the Nomad Solution or Content will be corrected. Further, scheduled and preventive maintenance, required and emergency maintenance work, or disruption of services from internet service and hosting providers, may interrupt the functioning of or access to the Nomad Solution. It is your sole responsibility to back up and maintain the accuracy and completeness of your Content.
5.3 Indemnification. You agree to defend, indemnify, release and hold harmless us, our suppliers, and all officers, directors, employees, consultants, agents, and representatives of any of the foregoing (collectively “Protected Parties”) in full from and against any and all claims (including third party claims), losses, liability, damages, and/or costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with: (a) your unauthorized access to or use of, the Nomad Solution or Content, (b) your breach of these Terms, (c) your use of Content or conduct engendered thereby, and any activities you conduct on or through the Nomad Solution, or (d) your infringement, or infringement by any other user of your account, of any intellectual property rights or other rights of any person or entity. Further, in the event you have a dispute with one or more Nomad Users, you hereby release the Protected Parties from claims, demands and damages (actual, direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, foreseeable and unforeseeable, arising out of or in any way connected with such disputes.
FOR CALIFORNIA, USA RESIDENTS: You further agree that these Terms waive and release any claims that would otherwise be preserved by operation of section 1542 of the California Civil Code, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You understand that you are releasing us from all claims, whether known or unknown to you, and whether or not you suspect that those claims may exist at this time.
6.1 Force Majeure. Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will give rise to any claim against such party or be deemed to be a breach of this Agreement if and for as long as such failure or omission arises from any cause beyond the reasonable control of that party.
6.2 Service Discontinuance/Modification. We may from time to time modify or discontinue access to, temporarily or permanently, the Site or any Service thereon (or any part, feature, or functionality thereof, as well as internal rules of operation, eligibility, pricing, gamification, visibility to or accessibility of the public, and other aspects). We will not be liable for any such modification, suspension or discontinuance, even if certain features or functions, your settings, and/or any Content you have contributed or have come to rely on, are permanently lost.
6.3 Account Termination. We may terminate your or any other Nomad User’s account for cause, including without limitation for: (a) violation of these Terms; (b) abuse of Nomad resources or any attempt to gain unauthorized entry to the Nomad Solution; (c) use of the Site or any Service in a manner inconsistent with the purpose of the Services; (d) such Nomad User’s request for such termination; or (e) requirements of or for failure to comply with applicable law, regulation, court or governing agency order, or ethical requirements. We may in addition terminate the availability of the Nomad Solution for our own business reasons, including if we elect to cease being in the business of providing it. Our termination of any Nomad User’s access to the Nomad Solution may be without notice and, on such termination, we may immediately deactivate or delete any Nomad User’s account and Content, and/or bar any further access to the Site and Services. We will not be liable for any termination of Nomad User’s access to the Site or Services. After account termination, you will not attempt to register a new account without our permission.
6.4 US Government Restricted Rights. Services are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the Services and related materials by the U.S. Government constitutes acknowledgment of our proprietary rights.
6.5 Trademarks. You are granted no right, title or license to any third party trademarks by these Terms, or to any of our trademarks or servicemarks. We reserve all right, title and interest in and to our trademarks, servicemarks, trade names, trade dress, domain names, and similar identifiers, including without limitation NomadTM.
6.6 US DMCA. If you believe that your work has been copied and is accessible via the Nomad Solution in a way that constitutes copyright infringement in the United States, you may notify us by providing the following in writing:
The above writing must be electronically or physically signed by you as the owner of the content claimed to be infringed or the owner’s authorized agent. If we receive such a claim, we may refuse or delete the applicable content, or terminate the applicable user’s account in accordance with these Terms. Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is available at:
Copyright Infringement Agent
c/o Nomad Technologies Limited
11 Brompton Place
London SW3 1QE United Kingdom
We may remove content alleged or in our judgment to be infringing or otherwise illegal, without prior notice and at our sole discretion. In appropriate circumstances, we may also terminate a user’s account if the user is determined to be a repeat infringer.
If you believe that a notice of infringement has been improperly submitted against you, you may submit a counter-notice, electronically or physically signed by you, and containing the following:
6.8 Dispute Resolution.
(b) Except for actions or claims described in section 6.8(e)(ii), we will first try to resolve dispute(s) between us informally and neither of us may start a formal arbitration proceeding for at least 30 days after one of us notifies the other of a dispute in writing. Notice of the dispute will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested.
(c) The arbitration will be conducted without in-person appearances in a live hearing if (i) the credibility of testifying witnesses is unnecessary to the resolution of the dispute; (ii) the parties agree to waive in-person appearances; (iii) the AAA rules permit waiver of or otherwise don’t require in-person appearances; (iv) the claim does not exceed $10,000; or (v) the arbitrator determines that in- person appearances are unnecessary or unhelpful, or would be burdensome to any of the parties to the arbitration or to their staff. If in-person appearances are required, such hearing(s) will be held via videoconference unless the arbitrator determines, in the arbitrator’s reasonable discretion, that a videoconference hearing is not suitable. For clarity, nothing in these terms abrogates either party’s right to a transcription of all arbitration proceedings at such party’s own expense.
(d) The parties hereby waive the right to a trial by jury and agree to only bring claims in an individual capacity and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. All disputes will be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions. The validity and effectiveness of this subsection (d) is not arbitrable.
(e) Notwithstanding the foregoing, nothing in this section will preclude the right and ability of either party to bypass arbitration and file and maintain at any time: (i) an individual action in small claims court; and (ii) an action for recovery of injunctive or provisional relief in any court of competent jurisdiction under the laws applicable thereto. Such actions, either party’s right to pursue such actions, and the validity and effectiveness of this subsection (e) are not arbitrable. For clarity, nothing in these Terms will be construed as either party’s consent to the exercise of the jurisdiction of any court except as set forth in section 6.7.
(f) Subject to subsections (d) and (e), all claims and disputes between the parties relating to the Subject Matter must be resolved using arbitration in accordance with this section 6.8. Should either party file an action contrary to this section, the other party may recover lawyers’ fees and costs associated with enforcing this section, provided that the party seeking the award has notified the other party in writing of the improperly filed claim, and the other party has failed to withdraw the claim in a timely fashion.
(g) Except to the extent required by law or in order to enforce arbitral awards in court, the parties shall keep confidential, make no public announcements regarding, and shall not disclose the existence of (i) any dispute, (ii) the existence or details of the arbitration proceeding, and (iii) all related documents, materials, evidence, judgments and awards therein.
(h) The arbitrator will apply the law specified in section 6.7, without regard to conflicts of law rules. The parties agree that these Terms evidence a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this section 6.8.
(i) The parties acknowledge that if one or more provisions of this section 6.8 is found to be unenforceable, invalid, preempted or unlawful for any reason, the parties’ intention is to (1) maintain the enforceability of such invalid or unenforceable provision in any circumstances other than those this in which the provision is held to be unenforceable, (2) modify such provision to the extent the provision can be rendered enforceable, and (3) sever such invalid or unenforceable provision from the remaining section 6.8 so as to preserve as much of the remaining as possible, so that such provision will not impact the ability to compel arbitration of any remaining claims on an individual basis. To the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims will be litigated in the state or federal courts described in section 6.7, and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration.
6.9 Assignment. These Terms will not be assigned, delegated, or transferred by you, in whole or in part, whether voluntary, involuntary, by merger, consolidation, dissolution, sale of assets, or otherwise, without our prior written consent. Any such purported assignment, delegation or transfer without such written consent will be void. We may at any time assign these Terms without prior consent or notice. These Terms will be binding on, and inure to the benefit of, the parties and their respective and permitted successors and assigns.
6.10 Injunctive Relief. You acknowledge and agree that breach of these Terms, or any unauthorized use, disclosure or distribution of the Nomad Solution or Content, may cause irreparable harm to us, the extent of which would be difficult to ascertain, and that we will be entitled to seek immediate injunctive relief (in addition to any other available remedies), in any court of competent jurisdiction under the applicable laws thereto
6.11 London, United Kingdom – Based Site. The Nomad Solution is controlled by Nomad from its offices in London. We make no representation that the Nomad Solution is appropriate for use in other jurisdictions. Your use of or access to the Site will not be construed as our purposefully availing ourselves of the benefits or privileges of doing business in any other country, state or jurisdiction other than London, United Kingdom.
6.12 Limitation. You agree that regardless of any statute of limitations to the contrary, any claim or cause of action arising out of or related to the Subject Matter must be filed within one year after such claim or cause of action arose, or be forever barred. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period established by applicable law.
6.13 General. The Terms constitute the entire agreement between us and govern each Nomad User’s use of the Nomad Solution, superseding any prior agreements, understandings, communications or proposals. Each Nomad User may be subject to additional terms and conditions that may apply when that Nomad User uses affiliate services, third party content or third party software. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. In the event of any conflict or inconsistency between these Terms and any website page controlled by us (including any page describing or summarizing your or our rights, obligations, and/or these Terms), these Terms will control. No waiver of any provision of these Terms will be deemed a further waiver or continuing waiver or such provision or any other provision, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Nothing herein will be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and any user or other person or entity, nor do these terms extend rights to any third party. The parties hereto confirm that they have requested that these Terms and all attachments and related documents, if any, be drafted in English
End of Terms