Last Updated: August 5th, 2025
1. INTRODUCTION
Welcome to Nomadtable.
Nomadtable Inc. is a company registered in the United States that provides a platform for solo travelers to connect, create activities, and join group experiences in real-time. Nomadtable offers both free and premium services, including AI-generated activity suggestions, future trip planning, and the ability to connect with other travelers. Nomadtable is designed to facilitate casual social meetups and group travel activities. It is not intended for romantic connections, and using the platform for dating purposes is a violation of our Community Guidelines. By using Nomadtable, you acknowledge you have read, understood, and agreed to these Terms.
The terms “us”, “we”, “Company” and/or “Nomadtable” refer to Nomadtable Inc. Together you and Nomadtable may be referred to as the “Parties” or separately as “Party”.
As used in this Agreement, the terms "Nomadtable," "us," "we," the "Company", and "our" shall refer to Nomadtable Inc. By accessing or using our Services on the Nomadtable mobile application (the "App"), or any other platforms or services Nomadtable may offer (collectively, the "Service" or our "Services"), you agree to, and are bound by this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.
Your access and use of our Services is also subject to the Privacy Policy, Community Guidelines, and Safety Tips, and any terms disclosed and agreed to by you when you purchase additional features, products, or services from Nomadtable ("Additional Terms Upon Purchase"), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Services.
Subject to applicable law, we reserve the right to modify, amend, or change the Terms at any time. Notice of material changes will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately. Notwithstanding the foregoing, any material changes to the Limitation of Liability in Section 13 and the Dispute Resolution provisions in Section 14 below will require your affirmative acceptance. Further, we reserve the right to change the availability of features in our subscription plans.
2. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES
Before you create an account on Nomadtable, make sure you are eligible to use our Services. This Section also details what you can and can't do when using the Services, as well as the rights you grant Nomadtable.
You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:
If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account, and we retain the right to remove your access to our Services without warning.
You agree to:
You agree that you will not:
The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any of the above.
Prohibited Content - Nomadtable prohibits uploading or sharing content that:
The uploading or sharing of content that violates these Terms ("Prohibited Content") may result in the immediate suspension or termination of your account.
- Must be at least 18.
- Have never been convicted of violent crime, sexual offense, or any serious criminal offense.
- Nomadtable may suspend or delete accounts without notice if these conditions are violated.
3. CONTENT
It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.
While using our Services, you will have access to: (i) content that you upload or provide while using our Services, even if suggested by our Services ("Your Content"); (ii) content that other users upload or provide while using our Services ("Member Content"); and (iii) content that Nomadtable provides on and through our Services ("Our Content"). In this agreement, "content" includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users' profiles and in direct messages between users.
3a. YOUR CONTENT
You are responsible for Your Content. Don't share anything that you wouldn't want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us or any other user is accurate and that you will update your account information as necessary to ensure its accuracy.
The content included on your individual profile should be relevant to the intended use of our Services. You may not upload any Prohibited Content, and your content must further comply with the Community Guidelines. You may not display any personal contact, banking information, or peer-to-peer payment information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card, payment account information). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We strongly encourage you to use caution in disclosing any personal information online.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.
We may provide tools and features to enhance individual expression through Your Content and Member Content (described in Section 3b), and we’re constantly developing new technologies to improve our Services. Certain tools or features may allow you to generate or enhance content based on Your Content. This is still Your Content, and you are responsible for it and its accuracy, as well as your use of it on our Services and any and all decisions made, actions taken, and failures to take action based on Your Content. Be careful in choosing and sharing Your Content.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time at our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.
Nomadtable utilizes third-party services, including Stream Chat, to provide chat and messaging functionality within our platform. By using the chat features, you acknowledge and consent to your messages and related data being processed and stored by Stream Chat in accordance with their privacy practices.
3b. MEMBER CONTENT
While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.
Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.
You should always carefully review and independently verify Member Content for accuracy. Other users may use tools to generate or enhance content based on the Member Content they provide. Member Content may include biased, incorrect, harmful, offensive, or misleading information. Other users are responsible for their Member Content, as well as any and all decisions made, actions taken, and failures to take action based on their use of Member Content.
You do not have any rights in relation to Member Content, and, unless expressly authorized by Nomadtable, you may only use Member Content to the extent that your use is consistent with our Services' purpose of allowing us to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.
3c. OUR CONTENT
Nomadtable owns or licenses all other content on our Services.
Any text, content, graphics, user interfaces, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned by, controlled by, or licensed to Nomadtable, and is protected by applicable copyright and intellectual property laws. All rights, title, and interest in and to this content remain with Nomadtable or its licensors.
Nomadtable grants you a limited license to access and use this content as provided under these Terms, and we reserve all other rights.
4. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING
Nomadtable does not tolerate inappropriate content or behavior on our Services.
We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services (including, but not limited to, on services operated by our affiliates). We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly through the "Report User" link on a user's profile or in the messaging experience. You may also contact customer support at [email protected].
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below.
5. PRIVACY
Privacy is important to us. We have a separate policy about it that you should read.
For information about how Nomadtable and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy
Nomadtable displays your approximate location within an 8km by 8km grid to other users. You understand that in remote or less populated areas, this could reveal your general location. You may enable Snooze Mode to hide your location. Ensuring your privacy settings is your sole responsibility.
Nomadtable uses facial recognition technology provided by AWS Rekognition to verify user profiles. This involves the collection and processing of biometric data (selfie photos taken by users for verification). This biometric information is used solely for the purpose of authenticating your identity and reducing fraudulent or fake profiles, thereby enhancing safety and trust within the platform.
We retain your biometric data only for as long as necessary to perform verification or as required by applicable law, after which it is securely deleted. You can revoke your consent or request the deletion of your biometric data at any time by contacting us at [email protected].
6. RIGHTS YOU ARE GRANTED BY NOMADTABLE
Nomadtable grants you the right to use and enjoy our Services, subject to these Terms.
For as long as you comply with these Terms, Nomadtable grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by Nomadtable and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.
7. RIGHTS YOU GRANT NOMADTABLE
You own all of the content you provide to Nomadtable, but you also grant us the right to use Your Content as provided in this Agreement.
By creating an account, you grant to Nomadtable a worldwide, perpetual, transferable, sub- licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, in whole or in part, and in any way and in any format or medium currently known or developed in the future. Nomadtable's license to Your Content shall be non-exclusive, except that Nomadtable's license shall be exclusive with respect to derivative works created through use of our Services. For example, Nomadtable would have an exclusive license to screenshots of our Services that include Your Content.
In addition, so that Nomadtable can prevent the use of Your Content outside of our Services, you authorize Nomadtable to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. Nomadtable is not obligated to take any action with regard to use of Your Content by other users or third parties. Nomadtable's license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).
In consideration for Nomadtable allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to Nomadtable regarding our Services, you agree that Nomadtable may use and share such feedback for any purpose without compensating you.
Your biometric data (selfie photos) collected for identity verification purposes will not be used for any other purposes without your explicit consent, except as required by applicable law.
You agree that Nomadtable may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; (v) protect the rights, property or personal safety of the Company or any other person, or (vi) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.
8. PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS
You will have the opportunity to purchase products and services from Nomadtable. If you purchase a subscription, it will automatically renew - and you will be charged - until you cancel.
Nomadtable may offer products and services for purchase through iTunes or Google Play.
If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.
Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your account, you must terminate your account as set forth in Section 9.
If you do not timely cancel your subscription, your subscription will be renewed at the full price as indicated when the purchase was made, without any additional action by you, and you authorize us to charge your payment method for these amounts. To the extent permissible by law, we reserve the right, including without prior notice, to limit the available quantity of or discontinue making available any product, feature, service or other offering; to impose conditions on the honoring of any coupon, discount, offer or other promotion; to bar any user from making any transaction; and to refuse to provide any user with any product, service or other offering.
8a. REFUNDS
Generally, all purchases are nonrefundable. Special terms for refunds apply in the EU, EEA, UK, Switzerland, Korea, and Israel. Special terms for refunds also apply in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin.
Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in the EU, EEA, UK, and Switzerland:
In accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
For subscribers residing in Germany:
You may terminate your subscription after it has renewed with a notice period of one month. Your right to terminate for cause remains unaffected.
For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin and Israel:
Your Right to Cancel - You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described below.
If any of the above apply to you and you subscribed using your Apple ID, your refund requests are handled by Apple, not Nomadtable. To request a refund, please contact Itunes or Google Play directly; for example using your Apple device, go to Settings > [click on your Apple ID] > Media Purchases > Purchase History. Find the transaction and select "Report a Problem." You can also request a refund at Apple Support. For any other purchase, please contact Customer Support (email [email protected]) with your order number (see your confirmation email) by mailing or delivering a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to:
Nomadtable,
Attn: Cancellations,
2108 N St Ste N,
Sacramento, CA 95816
9. ACCOUNT TERMINATION
If you no longer wish to use our Services, or if we terminate your account for any reason, here's what you need to know.
You can delete your account at any time by logging into the App, going to "Settings", clicking "Delete Account", and following the instructions to complete the deletion process. However, you will need to cancel / manage any purchases through iTunes or Google Play to avoid additional billing.
Nomadtable reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if Nomadtable believes that you have violated these Terms, misused our Services, or behaved in a way that Nomadtable regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.
If your account is terminated by you or by Nomadtable for any reason, these Terms continue and remain enforceable between you and Nomadtable, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.
10 NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS
While Nomadtable uses facial recognition for selfie verification to enhance user trust, we do not conduct formal criminal background checks or review external identity databases. Though Nomadtable strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. Use your best judgment when interacting with others and review our Safety Tips.
YOU UNDERSTAND THAT NOMADTABLE DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. NOMADTABLE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. NOMADTABLE RESERVES THE RIGHT TO CONDUCT - AND YOU AUTHORIZE NOMADTABLE TO CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE CANNOT AND DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY NOMADTABLE, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.
Though Nomadtable strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.
11. DISCLAIMER
Nomadtable's Services are provided "as is" and we do not make, and cannot make, any representations about the content or features of our Services or Member Content.
NOMADTABLE PROVIDES OUR SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NOMADTABLE DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT OR APPROPRIATE FOR YOUR PURPOSES. FURTHERMORE, NOMADTABLE MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS' ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.
NOMADTABLE ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, RECEIVES, OR ACTS ON THROUGH OUR SERVICES, NOR DOES NOMADTABLE ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH NOMADTABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. NOMADTABLE IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.
12. DIGITAL MILLENNIUM COPYRIGHT ACT
We take copyright infringement very seriously. We ask you to help us to ensure we address it promptly and effectively.
Nomadtable has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA"). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement ("DMCA Takedown Notice") including the following:
13. LIMITATION OF LIABILITY
Nomadtable's liability is limited to the maximum extent allowed by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NOMADTABLE, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE SERVICES; OR (III) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF NOMADTABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NOMADTABLE’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNT PAID, IF ANY, BY YOU TO NOMADTABLE FOR THE SERVICES DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST NOMADTABLE, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 13 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
14. DISPUTE RESOLUTION SECTION
In the unlikely event that we have a legal dispute, here is how the Parties agree to proceed, except where prohibited by applicable law.
Any Subsection in this Dispute Resolution Section that is prohibited by law shall not apply to the users residing in that jurisdiction, including Subsections 14b, 14c, 14d, and 14e, which shall not apply to users residing within the EU, EEA, UK, or Switzerland. The online dispute settlement platform of the European Commission is available at Online Dispute Resolution | European Commission. Nomadtable does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU, EEA, UK, or Switzerland.
14a. INFORMAL DISPUTE RESOLUTION PROCESS
If you are dissatisfied with our Services for any reason, please contact [email protected] first so we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a dispute, claim or controversy against Nomadtable, these terms will apply. For purposes of this Dispute Resolution Process and Arbitration Procedures set forth in Section 14, “Nomadtable” shall include our affiliates, employees, licensors, and service providers.
Nomadtable values its relationship with you and appreciates the mutual benefit realized from informally resolving Disputes. “Dispute” is any dispute, claim, or controversy between you and Nomadtable that arises from or related in any way to this Agreement (including any alleged breach of this Agreement), the Service, or our relationship with you. “Dispute” as used in this Agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior Agreement and claims that arise during the term of this Agreement or after the termination of this Agreement (unless this Agreement is superseded by a subsequent Agreement entered into by you and Nomadtable). If you have a Dispute with Nomadtable (“Your Dispute”), before formally pursuing Your Dispute in arbitration or small claims court, you agree to first send a detailed notice (“Notice”) to CT Corporation, 1209 Orange Street, City of Wilmington, County of New Castle, Delaware 19801, USA. However, if Your Dispute includes individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services, then you are not required to send a Notice before pursuing your claims in accordance with Section 16. If Nomadtable has a Dispute with you (“Nomadtable’s Dispute"), Nomadtable agrees to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, other contact information associated with your account. Your Notice must contain all of the following information: (1) your full name; (2) information that enables Nomadtable to identify your account, including a picture or screenshot of your profile, your address, mobile phone number, email address, and date of birth you used to register your account if any; and (3) a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective. Nomadtable’s Dispute Notice must likewise set forth a detailed description of Nomadtable’s Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). You and Nomadtable agree to then negotiate in good faith in an effort to resolve the Dispute. As part of these good faith negotiations, Nomadtable may request a telephone conference with you to discuss Your Dispute, and you agree to personally participate, with your attorney if you’re represented by counsel. Likewise, you may request a telephone conference to discuss Nomadtable’s Dispute with you, and Nomadtable agrees to have one representative participate. (For the avoidance of doubt, Nomadtable’s termination of your account, as set forth in Section 4 above, is not Nomadtable’s Dispute with you.) This informal process should lead to a resolution of the Dispute. However, if the Dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you or Nomadtable may initiate an arbitration (subject to a Party’s right to elect small claims court as provided below).
Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action (except for individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services). Failure to do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you and Nomadtable engage in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider, National Arbitration and Mediation (“NAM”), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action accordingly.
All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding (except to the extent required to certify in writing that the Party met the requirements of this informal dispute resolution process before commencing a NAM arbitration), provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable.
14b. INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER
TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND Nomadtable EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT OR FOR INDIVIDUAL CLAIMS OF SEXUAL ASSAULT OR SEXUAL HARASSMENT OCCURING IN CONNECTION WITH YOUR USE OF THE SERVICES, AS PROVIDED HEREIN). YOU AND NOMADTABLE EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST NOMADTABLE. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE AFFIRMED AND SUCH DECISION BECOMES FINAL, THEN YOU AND NOMADTABLE AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.
14c. DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT
Any Dispute (that is not resolved informally by Nomadtable Customer Service or as provided under subsection 14a above) shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except as specifically provided otherwise in this Dispute Resolution Section. Notwithstanding the foregoing, either you or Nomadtable may elect to have an individual claim heard in small claims court, and individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services may be brought in accordance with Section 16. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed by the arbitration provider (e.g., NAM). Any controversy over the small claims court’s jurisdiction shall be exclusively determined by such small claims court. No determinations made by a small claims court shall have preclusive effect in any proceeding involving Nomadtable and anyone other than you. In the event such small claims court specifically determines that it is without jurisdiction to hear the Dispute, you and Nomadtable shall arbitrate the Dispute under the terms of this Agreement. All other issues (except as otherwise provided herein) are exclusively for the Arbitrator to decide, including but not limited to scope and enforceability of this Dispute Resolution Section and including questions of arbitrability, any request to proceed in small claims court that is made after an arbitrator has been appointed, and any dispute as to whether either Party is in breach or default of the Dispute Resolution Section or has explicitly or implicitly waived the right to arbitrate. If you or Nomadtable challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this Agreement as to your Dispute. However, such court determination shall not be considered or deemed binding or have preclusive effect with respect to any proceeding involving Nomadtable and anyone other than you.
Any court proceeding to enforce this Dispute Resolution Section 14, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with Section
17. In the event Dispute Resolution Section 14 is for any reason held to be unenforceable, any litigation against Nomadtable (except for small claims court actions) may be commenced only in the federal or state courts located in Sacramento County, California. You hereby irrevocably consent to those courts’ exercise of personal jurisdiction over you for such purposes and waive any claim that such courts constitute an inconvenient forum.
14d. INDIVIDUAL ARBITRATION AND MASS ARBITRATION PROTOCOLS
This subsection 14d applies to Disputes that are submitted to NAM after fully completing the informal dispute resolution process described in subsection 14a above and when no small claims court election is made by you or Nomadtable. Any arbitration between you and Nomadtable shall be administered by NAM in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this Dispute Resolution Section 14. For a copy of the NAM Rules, please visit Rules, Fees & Forms - National Arbitration and Mediation or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 or at email address at [email protected]. If NAM is unable or unwilling to perform its duties under this Agreement, the Parties shall mutually agree on an alternative administrator that will replace NAM and assume NAM’s role consistent with this Agreement and this Agreement will govern to the extent it conflicts with the arbitration provider’s rules. If the Parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration provider who will assume NAM’s duties under this Agreement and this Agreement will govern to the extent it conflicts with the arbitration provider’s rules.
The Parties agree that the following procedures will apply to any Arbitrations initiated under this Dispute Resolution Section (subject to either Party’s small claims court election as described above):
14e. FUTURE CHANGES AND RETROACTIVE APPLICATION
This Dispute Resolution Section 14 applies to all Disputes between the Parties, including for any claims that accrued against you or Nomadtable prior to the time of your consent to this Agreement and to any claims that accrue against you or Nomadtable after your consent to this Agreement. Notwithstanding any provision in this Agreement to the contrary, you may elect to opt out of the retroactive application of this Dispute Resolution Section 14 as to claims that have accrued against you or against Nomadtable prior to the time of your consent to this Agreement. You may opt out by sending us written notice, within 30 days of the time you consent to this Agreement, to the following email address: [email protected]. You must include information sufficient to identify your account(s), such as the email address or phone number associated with your account(s), and should include a statement that you are opting out of the retroactive application of this Dispute Resolution Section 14. Please note: if you opt out of the retroactive application of this Dispute Resolution Section 14, you will still be subject to and bound by any Dispute Resolution Sections and Arbitration Procedures you previously agreed to, including any arbitration provisions, class action waivers, and retroactive application sections. Also, regardless of whether you opt out of the retroactive application of these changes, the Parties will resolve any claims that accrue against you or Nomadtable after your consent to this Agreement in accordance with this Dispute Resolution Section.
15. GOVERNING LAW
California law and the Federal Arbitration Act will apply to any Dispute (except where prohibited by law).
The laws of California, U.S.A., without regard to its conflict of laws rules, shall explicitly apply to any Dispute arising out of or relating to this Agreement or our Services, and the Dispute Resolution Process set forth in Section 14 shall be governed by the Federal Arbitration Act.
In the EU and EEA, the choice of California governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.
16. VENUE/FORUM SELECTION
To the fullest extent allowable by law, any claims that are not arbitrated for any reason must be litigated in Sacramento County, California (except for claims filed in small claims court, or for users residing in the EU, EEA, UK or Switzerland or another jurisdiction where prohibited by law).
Except where prohibited by law, including for users residing in the EU, EEA, UK or Switzerland, who may bring claims in their country of residence in accordance with applicable law, and except for claims that are heard in a small claims court as set forth in Section 14, any claims arising out of or relating to this Agreement (including any challenges to the class action waiver provision in subsection 14b), to our Services, or to your relationship with Nomadtable that for whatever reason are not required to be arbitrated or filed in small claims court, will be litigated exclusively in the federal or state courts located in Sacramento County, California, U.S.A. You and Nomadtable consent to the exercise of personal jurisdiction of courts in the State of California and waive any claim that such courts constitute an inconvenient forum.
17. INDEMNITY BY YOU
You agree to indemnify Nomadtable if a claim is made against Nomadtable due to your actions.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Nomadtable, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney's fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, your conduct toward other users, or your breach of this Agreement. SOME JURISDICTIONS DO NOT ALLOW INDEMNIFICATION, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
18. ACCEPTANCE OF TERMS
By using our Services, you accept the Terms of this Agreement.
By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy, Community Guidelines and Safety Tips (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services.
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require.
19. ENTIRE AGREEMENT
This Agreement supersedes any previous agreements or representations.
These Terms, with the Privacy Policy, Community Guidelines and Safety Tips and any Additional Terms Upon Purchase, contain the entire agreement between you and Nomadtable regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your Nomadtable account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Nomadtable in any manner.
20. SPECIAL TERMS FOR RESIDENTS OF CERTAIN LOCATIONS
Special terms apply in Israel, Denmark, Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin.
For subscribers residing in New York:
Appendix
Standard Form of Cancellation
(for residents of Denmark only)
To:
Nomadtable Inc,
Attn: Nomadtable Cancellations,
2108 N St Ste N, Sacramento, CA 95816
Email: [email protected]
I hereby declare that I wish to exercise my right of withdrawal in connection with my purchase agreement for the provision of the following services.
Order number:
Order date:
Customer's name:
Customer's address:
Customer's email address:
The customer's phone number:
Date: