Terms of Service

1. Service description

Nomabase provides a software platform that connects to third-party tools used by your business (including booking systems, payment processors, review platforms, and others), surfaces patterns and insights across them, and takes proactive actions on your behalf such as publishing website content, responding to reviews, updating your Google Business Profile, and following up with customers.

The Platform is provided as a subscription service. Features vary by subscription tier. We may modify, expand, or discontinue features at any time with reasonable notice where practicable.

The Platform includes tools for generating, editing, and publishing websites. Any website you publish through the Platform (a “Your Site”) is operated by you, not by Nomabase. You are solely responsible for Your Site, including its content, accuracy, accessibility, legal compliance, and all interactions with your customers.

2. Eligibility and accounts

You must be at least 18 years old and a legal representative of the business you register to use the Platform on behalf of. You are responsible for all activity that occurs under your account.

You agree to provide accurate registration information and keep your credentials secure. Notify us immediately at support@nomabase.io if you suspect unauthorized account access.

3. Acceptable use

You may not use the Platform to:

• Violate any applicable law or regulation, including data protection, anti-spam, consumer protection, accessibility, advertising, or fair-housing laws.
• Submit false, misleading, or fraudulent business information to Nomabase or to third-party platforms via Nomabase.
• Publish content that is defamatory, harassing, discriminatory, obscene, infringing, or that violates third-party rights.
• Publish Your Site without first reviewing its content for accuracy, accessibility, and compliance with laws applicable to your business and jurisdiction.
• Attempt to reverse-engineer, scrape, or otherwise extract data from the Platform beyond normal use.
• Circumvent security controls, rate limits, or access restrictions.
• Use the Platform in ways that damage, disable, or impair infrastructure or third-party integrations.
• Resell or sublicense access to the Platform without our written consent.

We may suspend or terminate any account that violates these Terms without prior notice where doing so is necessary to protect the Platform, other users, or third parties.

4. Third-party integrations

The Platform connects to third-party services (Google, QuickBooks, Mailchimp, Calendly, Stripe, and others) at your direction. By connecting an integration, you authorize Nomabase to access and take actions in that service on your behalf within the scope of the permissions you grant.

Your use of those third-party services remains subject to their own terms. Nomabase is not responsible for third-party service outages, API changes, or actions taken by those platforms.

5. Billing and subscription

Fees

Subscription fees are billed monthly in advance unless otherwise stated. You authorize us to charge the payment method on file at each renewal date. All fees are in US dollars unless stated otherwise. Taxes may apply based on your location.

Trials and previews

We may offer a free preview tier. Preview access is provided without charge and may be terminated at any time. Billing begins when you publish Your Site or otherwise activate a paid tier.

Cancellation

You may cancel your subscription at any time through your account settings or by emailing support@nomabase.io. Cancellation takes effect at the end of the current billing period. There are no prorated refunds for partial periods.

Payment failures

If a payment fails, we will attempt to retry and notify you by email. After a grace period (not less than 7 days), we may suspend your account. Data is retained for 30 days after suspension before permanent deletion.

6. Intellectual property and your content

Our IP

Nomabase and its licensors own all rights in the Platform, including software, AI models, templates, design, trademarks, and documentation. These Terms do not transfer any ownership rights to you. We reserve all rights not expressly granted.

Your content

You retain ownership of the business data, copy, photos, and content you bring to the Platform or that the Platform generates on your behalf from your data (“Your Content”). You grant Nomabase a worldwide, non-exclusive, royalty-free license to host, process, reproduce, modify, and display Your Content solely to operate and improve the Platform for you and to publish Your Site at your direction.

AI-generated content

Content generated by AI agents on your behalf (including website copy, layout, images, review responses, social posts, and email drafts) is produced from Your Content and the Platform’s training data. AI-generated content may be inaccurate, incomplete, or unsuitable for publication. You are solely responsible for reviewing AI-generated content before publishing or sending it. You accept full responsibility for any AI-generated content you publish.

Your Site

Any website you publish through the Platform is Your Site. You are the operator of Your Site for all legal purposes. You are solely responsible for the lawfulness of Your Site, including (without limitation) its compliance with accessibility laws, advertising laws, consumer-protection laws, intellectual-property rights, data protection laws, and the terms of any third-party services it interacts with.

7. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other that is designated as confidential or that reasonably should be understood to be confidential. Business data you provide is confidential. We will not disclose your business data to third parties except as necessary to operate the Platform, with your direction, or as required by law.

8. Warranties and disclaimers

THE PLATFORM AND ANY OUTPUTS, TEMPLATES, AI-GENERATED CONTENT, OR SITES PRODUCED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOMABASE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

• the Platform will be uninterrupted, secure, or error-free;
• AI-generated content will be accurate, complete, fit for purpose, non-infringing, or suitable for publication without your review;
• third-party integrations will remain available, accurate, or functional;
• any specific SEO ranking, conversion rate, traffic outcome, or business result will follow from using the Platform;
• any website generated, edited, or published through the Platform will conform to the Web Content Accessibility Guidelines (WCAG), the Americans with Disabilities Act (ADA), Section 508, the European Accessibility Act, the California Unruh Civil Rights Act, the New York State Human Rights Law, or any other accessibility law, standard, or regulation; or
• the Platform or any output will be free from legal claims, including without limitation accessibility, consumer-protection, or false-advertising claims by third parties.

You acknowledge that automated accessibility tooling (including axe-core, Lighthouse, or similar) detects only a subset of possible accessibility issues and that passing such tooling does not constitute conformance with any accessibility standard or law.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOMABASE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, REPUTATION, OR GOODWILL, ARISING FROM OR RELATED TO THESE TERMS, THE PLATFORM, OR YOUR SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOMABASE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS, THE PLATFORM, OR YOUR SITE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED US DOLLARS ($100) OR (B) THE AMOUNTS YOU PAID TO NOMABASE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS IN THIS SECTION 9 APPLY TO ALL THEORIES OF LIABILITY (CONTRACT, TORT, STATUTE, OR OTHERWISE) AND ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND NOMABASE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless Nomabase and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, demands, suits, actions, proceedings, damages, liabilities, losses, settlements, judgments, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and costs of investigation and defense) arising from or related to:

• your use of, or inability to use, the Platform in violation of these Terms;
• Your Content, Your Site, or any content you publish, send, store, or transmit through the Platform;
• your violation of any law, regulation, or third-party right;
• any dispute or interaction between you and any third party, including any customer, visitor, or user of Your Site; and
• any claim that Your Site, or content you published through the Platform, infringes, misappropriates, or violates any third-party right.

Accessibility claims (ADA, WCAG, and equivalent laws). The foregoing indemnification expressly includes, without limitation, any and all claims, demand letters, investigations, regulatory enforcement actions, lawsuits, settlements, and damages arising from or related to the accessibility of Your Site or any content you publish through the Platform, including without limitation claims under: (i) Title III of the Americans with Disabilities Act (ADA) and equivalent federal laws; (ii) the California Unruh Civil Rights Act, the California Disabled Persons Act, and California Government Code Section 11135; (iii) the New York State Human Rights Law and the New York City Human Rights Law; (iv) the Web Content Accessibility Guidelines (WCAG) at any level (A, AA, or AAA); (v) Section 508 of the Rehabilitation Act; (vi) the European Accessibility Act and equivalent EU and Member-State laws; (vii) any state, provincial, or local accessibility law in any jurisdiction; and (viii) any claim by a visitor, customer, regulator, or other third party regarding the accessibility of Your Site.

We may, at our option, assume the exclusive defense and control of any matter subject to indemnification by you. You will cooperate with our defense of any such claim. You may not settle any such claim in a way that admits liability on our behalf or imposes any non-monetary obligation on us without our prior written consent.

11. Term and termination

These Terms remain in effect while you use the Platform. Either party may terminate at any time: you by canceling your account, us by providing 30 days’ written notice. We may suspend or terminate immediately for material breach, non-payment, fraud, security risk, abuse, or where required by law.

On termination, your access to the Platform will cease. We will retain your data for 30 days after termination to allow for data export, after which it may be permanently deleted. Sections 6, 8, 9, 10, 12, and 13 survive termination.

12. Governing law, arbitration, and class action waiver

12.1 Governing law and venue

These Terms and any dispute arising from or related to them, the Platform, or Your Site are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. Except as provided in Section 12.2 (Mandatory arbitration), the state and federal courts located in Wilmington, Delaware have exclusive jurisdiction over any dispute that is not subject to arbitration, and you consent to personal jurisdiction in those courts.

12.2 Mandatory arbitration

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. You and Nomabase agree that any dispute, claim, or controversy arising from or related to these Terms, the Platform, Your Site, or any related transaction (each, a “Dispute”) will be resolved exclusively by binding individual arbitration, except as provided below. This agreement applies to claims that arose before you accepted these Terms.

The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures then in effect (or, if JAMS is unavailable, by the American Arbitration Association under its Consumer Arbitration Rules). The arbitration will take place in Wilmington, Delaware, or, at your election, by telephone or video conference. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

The Federal Arbitration Act governs the interpretation and enforcement of this Section 12.2. The arbitrator, and not any federal, state, or local court, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of it is void or voidable.

12.3 Class action waiver

YOU AND NOMABASE 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 more than one person’s claims and may not preside over any form of representative or class proceeding. If this class action waiver is found unenforceable as to any claim, then that claim (and only that claim) will be severed from the arbitration and litigated in court under Section 12.1; the remainder of this arbitration agreement remains in full effect.

12.4 Carve-outs

The following are not subject to the arbitration requirement:

• small-claims court actions for claims within that court’s jurisdictional limits, brought on an individual basis;
• actions seeking emergency injunctive relief to prevent imminent harm (such as IP infringement or unauthorized access);
• claims that, by law, may not be subject to a pre-dispute arbitration agreement (such as certain sexual-harassment and sexual-assault claims under federal law).

12.5 Opt-out

You may opt out of this arbitration agreement by sending written notice to legal@nomabase.io within 30 days of first accepting these Terms. The notice must include your name, account email, and a clear statement that you opt out of the arbitration agreement in Section 12. Opting out does not affect any other provision of these Terms.

12.6 Severability of this Section

If any portion of this Section 12 (other than the class action waiver) is found unenforceable, that portion will be severed and the remainder will remain enforceable. If the class action waiver is found unenforceable in its entirety, then this entire Section 12 is void.

13. General

• Entire agreement: These Terms, together with our Privacy Policy and any signed order forms or DPAs, constitute the entire agreement between you and Nomabase regarding the Platform.
• Modifications: We may update these Terms. We will provide at least 14 days’ notice of material changes by email or in-app notice. Your continued use after the effective date constitutes acceptance. If you do not agree to a material change, your sole remedy is to stop using the Platform and cancel your subscription.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Assignment: You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of substantially all our assets.
• No waiver: Failure to enforce any right is not a waiver of future enforcement.
• Force majeure: Neither party is liable for failure or delay caused by events beyond its reasonable control, including outages of third-party infrastructure.
• Headings: Section headings are for convenience only and do not affect interpretation.

14. Copyright and DMCA

We respect intellectual property rights. If you believe content accessible through the Platform infringes your copyright, send a notice complying with 17 U.S.C. § 512(c)(3) to legal@nomabase.io including: (i) your signature; (ii) identification of the copyrighted work; (iii) identification of the infringing material and its location; (iv) your contact information; (v) a good-faith statement that the use is not authorized; and (vi) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act on behalf of the owner. Repeat infringers will be terminated.

15. Contact

Nomabase, Inc.
legal@nomabase.io