Terms of Service for Nomono Cloud

These terms for purchase (hereinafter referred to as the “Terms”) apply to the use of services by Nomono (see company information below) by customers through Nomono’s website at www.nomono.co or in a separate agreement entered into between Nomono and customer, where these Terms form part.

The Terms form an agreement (the “Agreement”) with you or the legal entity you represent and Nomono, and the use of “Terms” also includes the agreement you enter into by accepting these Terms. By purchasing the Service (as defined below) from Nomono, you accept these Terms.

In the following, both “you” and “the Customer” may be used, which means the person agreeing, either on its behalf or on behalf of an entity the person represents, the “Customer” may be you or the entity you represent.

If you are an individual and are entering into the Terms on behalf of a legal entity (such as a company), you represent and warrant that you have due authorisation from such entity to enter into these Terms and to bind such entity to all of the terms and conditions of the Terms and by accepting the Terms, to enter into an agreement between Nomono and such entity on purchasing the Service. 

By using the Service, the end-user accepts these Terms. If the user does not accept the Terms, the Service must not be used.

Please read the Terms carefully, as they comprise the Customer’s rights and obligations. You should download a copy of the Terms to retain for your records. 

Nomono reserves the right to change these Terms at any time. Any such changes will take effect when available from Nomono, such as on Nomono’s website.

Nomono provides a service, Nomono Cloud, for enhancing audio for collaboration and spatial audio processing, which Nomono has developed and provides (the “Service”). 

Nomono is the rightful owner and licensor of the Service and all software, intellectual property rights, etc., used to provide it. Unless otherwise stated in the documentation distributed with the Service, it holds all rights to the Service, together with its suppliers and licensors (see below for third-party rights).

The Service is protected by copyright laws and international treaties protecting the rights of Nomono. You have the right to use the Software with the limitations below under Section 2.

By ordering and paying for the Service, the Customer and its users are granted a limited, non-exclusive right to use the Service.

By using the Service, you as the user undertake not to use the Service for any unlawful, infringing, or otherwise prohibited activities, including but not limited to any uploading, sharing, distributing, or otherwise using content that infringes any copyright, trademark, patent, trade secret, or other intellectual property rights of any third party, transmitting or distributing defamatory material, harassing, abusive, hateful, deceptive, or otherwise harmful to individuals or groups, engaging in any form of fraud, misrepresentation, phishing, identity theft, or deceptive business practices, attempting to gain unauthorized access to the Service, interfering with the integrity or security of the Service, or engaging in activities such as hacking, data scraping, or the distribution of malware, viruses, or other harmful software, using the Service in a manner that overloads, disrupts, or otherwise interferes with its proper operation or the experience of other users.

However, Nomono may terminate the Customer’s rights under this Agreement at any time in case of a breach of the Agreement or use of the Service in violation of this Agreement or instructions by Nomono. Violations may result in the immediate suspension or termination of access to the Service without prior notice and may further result in legal action where applicable.

The Service is for end-users only under a valid agreement with Nomono and where payment is made (see below). Any modification, distribution or resale of the Service, including giving anyone other than the Customer access to the Service, is strictly forbidden. Nomono reserves the right to terminate this Agreement and refuse the delivery or use of the Service if there are reasonable grounds to believe the Service is not being purchased for end-use.

By entering into the Agreement, you undertake not to create or assist others in creating a service with the same or similar functionality in whole or part to the Service. 

Any markings or notices included in the Service, such as information provided by Nomono, trademarks, etc., shall not be removed, altered, or destroyed. Nomono’s name or trademarks shall not be used without Nomono’s consent.

The Service may include certain third-party software or code. If information on third-party software, code, or rights related to it is not provided with the Service, you may obtain such information by contacting Nomono.

If you purchase the Nomono Spatial Audio Bundle, you will have access to the Service and also receive a Nomono Sound Capsule. See more regarding the Nomono Sound Capsule, , which is in addition to and forms part of the Agreement. 

The Spatial Plan includes access to Nomono Cloud, which includes advanced spatial audio tools for professional audio creators and a Sound Capsule. Prices and payment options, including any minimum commitment period, are available on Nomono’s web page.

The Customer owns the Sound Capsule after completing all the payments within the binding period (upfront or month by month). 

If the agreed plan is cancelled before the end of the minimum commitment period, there are two options: 

• The Sound Capsule must be returned in good condition, and the Customer will owe nothing beyond an early termination fee of 50% of the Sound Capsule market price at the time of purchase. 
• The Customer may keep and own the Sound Capsule by paying the difference between what they have paid up and until the cancellation and the full standalone Sound Capsule price spread across the minimum commitment period. 

To request either option, contact support@nomono.co. Note that if payments fail within 30 days, the account may be suspended, and Nomono reserves the right to lock the Sound Capsule or charge the remaining balance.

Regardless, the Customer may cancel within 45 days of activation for a full refund, provided the Sound Capsule is returned in original condition.

The above applies only to new Spatial Plan subscriptions.

Nomono reserves the right to modify the offer or take necessary actions to limit the Sound Capsule's functionality in case of misuse or payment failure.

The price of the Service is specified on Nomono's website or otherwise communicated to the Customer by Nomono. Nomono will also inform the customer about the prices, including the total price for the purchase, in the confirmation of purchase.

The Service is paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in local currency or EUR (€) and, where applicable, include custom duties and value-added tax. Additional costs or taxes may apply in some jurisdictions.

Nomono is not responsible for any fees that the bank or payment provider may charge the Customer for using a credit card or payment method. After the Service is purchased and payment is provided, a confirmation that the purchase is completed will be sent to the email address provided by the Customer in the ordering process.

The terms in this section apply to consumers only. 

If you, as a purchaser, are a consumer, nothing in these Terms shall be construed to exclude, limit, or suspend other mandatory rights you may have under local consumer protection laws and regulations.

The Customer may withdraw from the Terms and the agreement these Terms form within 30 days of purchasing the Service and making payment by notifying Nomono by e-mail to support@nomono.co. Upon withdrawal, all use of the Service must cease. Any request to withdraw from the Agreement after this period will be automatically rejected and will not qualify for a refund.

Any refund will only reflect the amount paid, and any promotional or other discount will be deducted. Refunds are made using the same method used to pay for the purchase originally.

Nothing in this section shall be construed to exclude, limit, or suspend additional rights of withdrawal that may be enforced under local and mandatory consumer protection laws and regulations. Such rights may be exercised by emailing supportl@nomono.co.

In the case of non-payment under the Agreement or other breaches by the Customer, including non-payment or if a payment is rejected by the payment agent or the Customer’s bank or disputed or recalled by the Customer’s bank, Nomono may cancel the purchase and stop access to the Service.

Nomono may also claim compensation for any direct loss Nomono suffers due to a breach on the part of the Customer.

The Customer agrees to defend, indemnify and hold harmless Nomono and its affiliates, independent contractors and service providers, and respective directors, officers, employees and agents from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to reasonable attorneys’ fees) caused by, arising out of or related to (i) the purchase or use of, or inability to use, the Service; (ii) the Customer and any of its users’ violation of these Terms or any other applicable terms, policies, warnings or instructions provided by Nomono or a third party in relation to the Service, or (iii) the violation of any applicable law or any rights of any third party related to the use of the Service.

Nomono is responsible as a data controller for processing the personal data provided by the Customer when providing the Service. Please see more information on processing personal data in Nomono’s Privacy Notice: https://nomono.co/privacy-notice.

If the Customer is an entity where Nomono is processing personal data on behalf of the Customer, Nomono is the data processor for the Customer. In such cases, Nomono is a data processor for the Customer, and Nomono’s data processing agreement applies and forms part of the Agreement. See Nomono’s data processing agreement .

Any use of the Service is at the Customer and its user’s own risk as the Service is provided “as is” without warranties or conditions. Nomono does not warrant that the functions of the Service will meet any requirements or that the operation of the Service will be uninterrupted or error-free.

Nomono disclaims all warranties, express or implied, including but not limited to non-infringement, lack of viruses, loss of data, accuracy or completeness of responses or results, and implied warranties of merchantability and fitness for a particular purpose.

In no event shall Nomono be liable for any indirect, incidental, special or consequential damages whatsoever (including but not limited to damages for loss of business profits, business interruption, loss of data or other pecuniary or other loss whatsoever) arising out of use or inability to use the Service.

Under all circumstances, Nomono’s aggregate and total liability arising out of or related to the Agreement and any use of the Service shall not exceed the total amount paid to Nomono the last 12 months before any incident giving the basis for the claim, even without any obligation to make any payment under the Agreement. 

The limitation of liability above shall not apply in case of gross negligence, wilful misconduct, death or personal injury caused by our negligence, fraudulent misrepresentation or any liability under mandatory law.

You may not transfer or assign any or all of its rights or obligations under this Agreement without the prior written acceptance by Nomono.

All notices given to Nomono must be in writing and sent through the contact information on our website or as informed directly to you.

Information to the Customer may be emailed if Nomono is provided with the email address or throughout Nomono’s website. 

These Terms and the agreement entered into by you/the Customer and Nomono, which these Terms constitute, shall be governed by and interpreted under Norwegian law.

Any dispute, controversy or claim arising out of or in connection with the Terms shall be subject to the jurisdiction of the Norwegian courts, with Oslo, Norway, as the legal venue.

Mandatory law on choice of law, legal venue, and additional consumer law may apply if you are a consumer. 

The provider of the Service is Nomono AS, incorporated in Norway under organisation number 922 172 676. Nomono is registered in the Register of Business Enterprises in Norway. Nomono’s contact information: Nomono AS, Strandveien 43, 7067 Trondheim, Norway.

-------------------------

Version: March 2025