NomadX: Terms of Use

Last updated: June 24, 2020

Welcome and thank you for visiting our website (the "Site"). Below are the Site's Terms of Use. We recommend that you carefully review these Terms of Use before making use of the Site (as defined below). If you have any questions or concerns regarding these Terms of Use, please contact us at [email protected].

These Terms of Use (these "Terms") govern the relationship between Global Nomad Network S.A., a Portuguese company, (referred to herein as "NomadX", "we", "us" or "our") and you ("User", "you" or "your"), the person accessing or otherwise making use of our Site located at www.nomadx.com and/or registering for a NomadX Account (as defined below) or otherwise accessing or making use of the Site, NomadX Account or our Service. These Terms constitute a legally binding agreement between you and NomadX. Accordingly, we advise you to read these Terms carefully before accessing or otherwise making use of the Site or Service. You and NomadX may each be referred to in these Terms individually as a "Party" and together as the "Parties," as context so requires.

INTRO - NOMADX COMMUNITY CORE VALUES

Here at NOMADX, we share some Community core values. Here's what we stand for:

  • Honesty

    At NOMADX, we believe in the importance of being open and honest. And we are committed to forming relationships that are based on integrity, transparency and truthfulness as this is at the foundation of great relationships.

  • Consideration

    We are considerate to fellow hosts, digital nomads, our homes that we share and the local communities where we live and work. Furthermore, we want our actions to have a positive influence on the Community.

  • Sharing

    We believe in the power of sharing to achieve the highest levels of connection. The sharing of knowledge, our homes, or a cup of coffee, can help spread happiness and inspiration to pursue dreams, or to just appreciate life a bit more.

  • Community

    We are committed to providing the foundation for a thriving self-guided, fun and professional Community which is friendly, ethical, respectful, diverse and inclusive. We believe that a strong Community will help us form life-long bonds, and be productive, grow and evolve positively as human beings and professionals. We believe that individuals working together and driven by their passions can shape a better world.

  • Giving

    What defines us isn't the money or things we have, our popularity, fame or status. But what really defines us is the positive impact we can have on other people's lives and communities through our generosity.

  • Health & Wellness

    We prioritize health and wellness in our personal and professional lives. We are supportive of our community members to help them achieve their goals by living a healthy conscious lifestyle.

  1. ACCEPTANCE OF THIS AGREEMENT

    1. Acceptance. Please read the Terms carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site. Please note that certain uses of the Site or Service may be subject to separate agreements that will be provided to you prior to such use.

    2. Restrictions on Acceptance. When you access or otherwise make use of the Site or the Service you acknowledge and agree that:

      1. if you are accepting these Terms on behalf of any legal entity, including any company, organization, government, or governmental agency, you have been authorized to do so and to act on behalf of such legal entity;
      2. you have read and understand all of the provisions, terms and conditions set forth in these Terms;
      3. you will be bound by all of the provisions, terms and conditions set forth in these Terms;
      4. you are at least eighteen (18) years of age;
      5. you have the right, authority and capacity to enter into these Terms and to abide by all terms and conditions of these Terms;
      6. you have not previously used the Service through an Account which NomadX has terminated or suspended in accordance with the terms and conditions of these Terms;
      7. you have a valid email address; and
      8. these Terms are the legal equivalent of a signed, written contract between you and NomadX.
    3. IF YOU ARE UNABLE OR UNWILLING TO CONFIRM THE ABOVE STATEMENTS, THEN YOU MUST NOT ACCEPT THESE TERMS OR OTHERWISE ACCESS OR MAKE USE OF THE SITE OR SERVICE. PLEASE NOTE THAT, EVEN IF YOU AGREE TO AND ACKNOWLEDGE THE REPRESENTATIONS IN SECTION 1.2, CERTAIN OF OUR TRUSTED THIRD PARTY SERVICE PROVIDERS MAY REJECT YOUR REGISTRATION APPLICATION FOLLOWING THE REGISTRATION PROCESS BASED ON SUCH SERVICE PROVIDER'S INTERNAL ASSESSMENT PROCESS AND YOU MAY NOT BE ABLE TO MAKE USE OF THE SERVICE AS A RESULT.

  2. OBJECT

    1. The NomadX Housing Platform is an online marketplace that allows registered users ("Users"), notably slow travelers and professionals looking for quality local housing at an affordable price, to communicate and transact directly with hosts ("Hosts") for the purposes of renting bedrooms and apartments ("Accommodation") for medium and long periods of time, but with a minimum of one month.
    2. NomadX just promotes connection between Users and Hosts and does not own, create, sell, resell, provide, control, manage, offer, make available or provide any host services or advertisements, and NomadX:
      1. Does not provide any legal assistance or warranties on what regards the nature and details of the contractual relationship between the users quality or specifications of the Accommodation;
      2. Is not a party in any contract regarding with the Accommodation nor acts as an agent on behalf of the User or the Host;
      3. In not an organized travel organizer or reseller and related travel services under Directive 2015/2302;
      4. Is not an online platform intended for short term rentals ("alojamento local") as provided on the Portuguese Decree law n.º 39/2008 and other Portuguese and European legal provisions;
      5. Is not liable for any Users or the Host between Users or Hosts, and such parties hereby undertake not to involve NomadX on such Users or the Host, regardless of its judicial nature or not.
  3. DEFINITIONS; INTERPRETATION; AMENDMENTS

    1. Definitions. Unless context requires otherwise, capitalized terms not defined within these Terms shall have the following meanings:
      1. “Active Reservation” means any reservation regarding which the check-in already occurred but the check out has not occurred yet.
      2. "Affiliate" means, with respect to a Party, any person, firm, corporation, partnership (including general partnerships, limited partnerships, and limited liability partnerships), limited liability company, or other entity that now or in the future, directly controls, is controlled with or by or is under common control with such Party.
      3. "Applicable Law" means the laws of the Portuguese Republic.
      4. "Accommodation" – the rental of apartments or bedrooms done by Users and Hosts by using NomadX Platform.
      5. "NomadX", "we", "our" or "us" shall mean Global Nomad Network S.A, a company incorporated in accordance with the laws of Portugal.
      6. "NomadX Account" means your NomadX user account which you must register for through the Site in order to use the Service.
      7. "NomadX Platform" means the Site.
      8. "Personal Information" means information that is unique to you and may include your name, your home or other physical address, your email address, your telephone number, and other information that identifies you.
      9. "Service" means the Site's software features and functionalities which allow Users to (i) register for and create an Account, (ii) learn about NomadX and the NomadX Experience, (iii) initiate and engage in the NomadX Platform Application process, and (iv) make use of certain features and functionalities of the applicable NomadX Platform.
      10. "Site" means our website located at www.nomadx.com.
      11. "User", "you" or "your" means the Person accessing or making use of the Service to find Accommodation, notably slow travelers and professionals and looking for quality local housing at an affordable price, to communicate
      12. "Hosts"- “you" or "your means the Person accessing or making use of the Service to rent apartments or rooms owned and/or operated by such person for the purposes of Advertising.
      13. "User Information" means the Personal Information that you provide to us in order to make use of your NomadX Account, the Site or the Service, as further described in Section 6.
    2. INTERPRETATION. References to Sections are to be construed as references to the Sections of these Terms, unless otherwise indicated. The singular includes the plural, and the plural includes the singular. All references to "hereof," "herein," "hereunder" and other similar compounds of the word "here" shall mean and refer to these Terms as a whole rather than any particular part of the same. The terms "include" and "including" are not limiting.
    3. AMENDMENTS. NomadX reserves the right to change, modify, supplement, or update these Terms (each such change, modification or supplement, an "Amendment"), from time to time without advance notice by posting such Amendment on the Site. We encourage you to periodically visit these Terms to check for any Amendments. In the event that an Amendment to these Terms materially modifies your rights or obligations we will take commercially reasonable measures to notify you of such Amendment, which may include posting notices on the Site or sending notices to you at your email address. You acknowledge and agree that you will be bound by any such Amendment if you continue to access or use the Site or Service after such Amendment is posted. Unless otherwise indicated, any new Service added to the Site will also be subject to these Terms effective upon the date of any such addition. You are encouraged to review the Site and these Terms periodically for updates and changes. The most current version of these Terms will be effective as of the date specified in the "Last Updated" legend set forth above.
  4. PRIVACY AND DATA PROTECTION

    1. You acknowledge and agree to the terms and conditions of our Privacy Policy available at as may be amended from time to time, which is incorporated by reference into these Terms as if it were set forth herein in its entirety. The Privacy Policy describes our collection and possible use of information that you provide to us. By using the Site or Service, you agree to, and are bound by, the terms of the Privacy Policy.
    2. NomadX complies with Privacy and Data Protection laws in force in United States of American and in the European Union, notably the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL also known as General Data Protection Regulation or GDPR.
  5. TRANSFERABILITY OF ACCESS OR RIGHTS

    Your rights and obligations with respect to the Site and Service are personal to you and you may not transfer such rights and obligations to any other person or entity.

  6. ACCOUNT REGISTRATION

    When you register your NomadX Account and sign up for the Service you will be required to provide certain personal information in order to create your NomadX Account and use the Service ("Registration"). Such personal information may include your name, your home or other physical address, your email address, your telephone number, and your NomadX Account settings and preferences (collectively, "User Information"). By registering your Account and signing up for the Service, you acknowledge and agree that you willingly submit your Personal Information and User Information for our use as may be necessary for us to provide the Service to you and for any other purpose permitted under law and our Privacy Policy.

  7. PARTICIPATION IN THE NOMADX PLATFORM

    1. NomadX Registration Process. Once you have completed Registration and created a NomadX Account you will have the option to initiate the NomadX Housing Platform rental process. During the NomadX Housing Platform rental process you may be required to submit certain information about yourself in addition to the Personal Information you provide to us during Registration. Such information may include sensitive personal information such as your social security number, certain health information, certain financial information, information related to your employment status, and other personally identifiable information ("Application Information"). By engaging in the NomadX Registration process you acknowledge and agree that you willingly submit such Registration to us for our use solely as may be necessary to complete the NomadX Housing Platform rental process and as may otherwise be necessary for our own internal business purposes.
    2. No Expectation. Nothing contained in these Terms, including, without limitation, your Registration for and creation of a NomadX Account or completion of the NomadX Application Process pursuant to these Terms, confers any right or license to participate in any NomadX Platform or obligates NomadX to grant to you any right or license to participate in any NomadX Platform. Further, you hereby acknowledge and agree that (a) these Terms govern only your use of the Site and Service which may be used to initiate and engage in the NomadX Platform process; (b) your acceptance to an applicable NomadX Platform is subject to the NomadX Platform process; and (c) your participation in any NomadX Platform is governed by and is subject to these terms and conditions.
    3. Verified Properties. NomadX may qualify some of the properties contained at the website as "Verified". Such qualification only means that the NomadX team reviewed the host property listing to verify if the characteristics of the property are aligned with the respective listing information and that it meets our quality standards. Nevertheless, such qualification doesn't correspond to any representation or warranties of any kind made by NomadX, which is not liable in any case because or in connection with such qualification.
    4. Customer support - Messages and helpdesk – NomadX may provide an online messages and helpdesk service to help you and improve your experience on our platform, but NomadX does not accept any liability in connection with such support.
    5. Events – By having an account in NomadX you may receive invitations and news about social and educational events along with other event invitations.
  8. LISTING GENERAL CONDITIONS

    1. Users will use the NomadX Platform to search for places to stay for the minimum period of one month. Listings for shorter periods of time are not accepted on the NomadX Platform.
    2. As long as Users stay for at least a month, NomadX allows stays for fractional months. For example, 2 months and 13 days. The existence of fractional months must be agreed in advance by the Users and the Host.
    3. Hosts and Users shall fulfill and comply with all applicable legal obligations, notably the existence of a written rental contract on which NomadX is not a party.
    4. NomadX may share a draft of a rental contract to help parties on the fulfillment of their legal obligations but NomadX does not provide legal counseling in any way. Therefore, NomadX recommends Hosts and Users seek a lawyer's advice.
    5. NomadX will not be liable in any way for any contractual or legal breaches by the Host and/or the Users pursuant to (or related with) the rental contract and you hereby waive NomadX of any liability on that regard as NomadX is a mere intermediator and not a contractual party on the rental agreement.
    6. NomadX may advertise cleaning or utility fees charged by the Hosts but (unless stated otherwise) NomadX will not process any payments and all interactions regarding such fees will be performed directly between the Host and the User.
  9. FEES AND INVOICING

    1. The total monthly price of a listing published in NomadX is comprised of the monthly rent set by the host of the listing.
    2. For its intermediation digital services NomadX charges every month the flat base fee of € 0 (zero euros) and percent fee of 10% of the monthly rent set by the Host.
    3. NomadX fees hereby set forth include VAT at the applicable rate.
    4. NomadX will only invoice the User for the intermediation fees and VAT tax.
    5. The Host will invoice the User for the amount of the monthly rent set by the Host.
  10. PAYMENTS

    1. All payments regarding the Accommodation shall be made through the NomadX Platform, with exception with collateral deposits for damages that shall be paid (and reimbursed) directly between the Host and the Users at the time of checkin at the cost listed on the website and paid as deemed appropriate by them. NomadX does not process, has any interactions and shall not be liable in any way regarding collateral deposits for damages.
    2. In order to confirm a reservation, the User must pay the listing amount for the first month. The total amount is the sum of the monthly rent, NomadX service fee and VAT taxes.
    3. The first monthly rent will be transferred to the Host 48 hours after the User checks in. If during those 48 hours a User raises any major concern regarding the property, the payment will be held and NomadX will step in to investigate and mediate the situation and find a solution suitable for both the User and the Host. If User and Host do not reach an agreement NomadX will have to decide and impose a fair solution that is binding for all parties involved. If NomadX decides in favour of the User, the payment will be returned to the User and the reservation cancelled. If NomadX decides in favour of the Host, the payment is transferred to the Host and the reservation proceeds.
    4. The following rental payments will be processed one day before the next period of 30 days starts. Once payment is collected, it is automatically transferred to the Host.
    5. If the last period of the stay is a fractional month, the monthly rent and service fees will be prorated to the amount of days the User is staying (having as a reference 365 days and 12 months of rent/service fees for said calculation).
  11. CANCELLATION

    1. Both the User and the Host are bound to the NomadX cancellation rules hereby provided. As such, the rental contract in force between the parties shall not contradict or prevent the application of NomadX cancelation rules. The Host and the Guest agree that in case of any contradiction, the NomadX Terms of Use will always prevail over any document executed between them.
    2. If a User cancels more than 30 days before their check-in, the already performed payments are fully refunded.
    3. If a User cancels 30 days or less before the check-in, the first month is charged and the reservation is cancelled, unless NomadX (at its own discretion) decides otherwise by considering the User´s justification due to unpredictable and unforeseeable events.
    4. If the reservation has already started, a User can always terminate the Accommodation with 30 days’ notice. Since this may cause a fractional month, it will be billed with the prorated rate provided on the previous section.
    5. A Host can cancel the reservation without any consequence more than 30 days before check-in.
    6. If a Host cancels a reservation less than 30 days before check-in, the listing will be suspended from the platform unless there are extenuating circumstances. For clarity purposes, no compensation shall be paid to the Host in this situation and the Guest will be fully refunded.
    7. A Host shall only be entitled to cancel an Active Reservation with a prior notice of at least 60 days.
  12. YOUR WARRANTIES TO NOMADX

    In addition to the representations and warranties you make to NomadX under Section 1.2 represent and warrant to NomadX that (a) all information that you provide to us in connection with your use of the Site, NomadX Account, Service, NomadX Platform process and/or NomadX Participation Agreement is up-to-date, accurate and truthful, (b) you have the authority to share the foregoing information with us and to grant us the right to use this information as provided in these Terms, (c) you have the right to grant us the licenses specified herein, if applicable, and (d) your acceptance and use of the Service pursuant to these Terms does not violate any Applicable Law or other contract or obligation to which you are a party or by which you are otherwise bound.

  13. ACCURACY AND CHANGES TO USER INFORMATION

    You agree to provide your accurate, up-to-date and truthful User Information during Registration and when you otherwise access or make use of your NomadX Account, the Site or the Service. You further agree to promptly update all your User Information whenever the information provided to us by you is found to be in error or becomes inaccurate. You can update your information by contacting us at [email protected]. We are not responsible for any Service-related issues or errors arising from your failure to submit or maintain current and accurate User Information. If we determine, in our sole discretion, that you have failed to submit or maintain current and accurate User Information, we may temporarily suspend or terminate your access to your NomadX Account, the Site or the Service.

  14. DISCLOSURE AND CONSENT TO ELECTRONIC COMMUNICATIONS

    1. Consent to Electronic Communications. When you accept these Terms, you acknowledge that NomadX may provide certain information, including information regarding your use of the Site, the Service, and NomadX Account ("Communications"), to you electronically through email, the Site or Service, the NomadX Account or links to notices posted on the Site, unless and until you withdraw your consent or "opt out" as described below. You understand that the communications referenced in this section do not include SMS text messages unless you otherwise give your express consent to receive text messages for this purpose, notably through SMS and WhatsApp. 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. You further agree that any Communications provided by us electronically are deemed to be given and received on the date we transmit any such Communication as described in these Terms. The categories of Communications that may be provided by electronic means include:
      1. any Amendments to these Terms;
      2. disclosures or notices provided in connection with the Service, including any such notice required by Applicable Law;
      3. any statements concerning your NomadX Account;
      4. any customer service communications, including communications with respect to claims of error or unauthorized use of your NomadX Account, the Sites or the Service; and
      5. any other communication related to the Site or Service.
    2. Although NomadX reserves the right to provide Communications in paper format at any time, you agree that NomadX is under no obligation to do so unless you first notify us, in writing, of your request to receive further communications in a paper format and your decision to opt out of receiving Communications. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of these Terms and any Communication that is important to you and retain the copy for your records. If you do not wish to enter into these Terms electronically, you may not use your NomadX Account, the Site or the Service.
    3. Timing of Communications. Any electronic Communications will be deemed to have been received by you no later than five (5) business days after NomadX sends it to you by email or posts such Communication on the Site or through the Service, whether or not you have received the email or retrieved the Communication from the Site or Service. An electronic Communication by email is considered to be sent at the time that it is directed by NomadX's email server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications.
    4. Updated User Information. You agree to promptly update your User Information if such information changes so that NomadX may contact you electronically. You may update your User Information, such as your email address, as described in Section 13 of these Terms. You understand and agree that if NomadX sends you an electronic Communication, but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive such electronic Communications, NomadX will be deemed to have provided the Communication to you.
    5. System Specifications. In order to access, view, and retain electronic Communications that NomadX provides to you, you must have access to: (a) a computer with an Internet connection; (b) a current or previous major release version (up to the second most recent version) of either Firefox, Internet Explorer, Chrome, or Safari with cookies enabled and Adobe Acrobat Reader to open documents in ".pdf" format; (c) sufficient electronic storage capacity on your computer's hard drive or other data storage unit to save past Communications and/or an installed printer to print them; and (d) an email account with an Internet service provider and email software. Your access to this page through your device verifies that your device meets these requirements.
    6. Reservation of Rights. NomadX reserves the right, in its sole discretion, to discontinue the provision of electronic Communications to you, or to terminate or change the terms and conditions under which NomadX provides electronic Communications. NomadX will provide you with notice of any such termination or change as may be required by Applicable Law.
  15. OWNERSHIP OF CONTENT AND SERVICE

    You acknowledge and agree that, except as otherwise expressly stated, all text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about NomadX, the Site or the Service, "Content") appearing on your NomadX Account, the Site or the Service is the copyrighted work of NomadX or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of NomadX and is protected by Portuguese and international copyright laws. You may download information from your NomadX Account, the Site, or the Service and print out a hard copy for your personal use provided that you keep such hard copies intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Site or Service, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of NomadX or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by NomadX. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. NomadX does not warrant or represent that your use of Content or the Service will not infringe rights of third parties.

  16. OWNERSHIP OF INFORMATION SUBMITTED VIA THE SERVICE

    1. Submissions. Except as set forth in our Privacy Policy, any information, communications, or material of any type or nature that you submit to our Site or Service through the use of social media integration (including, but not limited to any of our websites or profiles contained on a social media platform or website such as Facebook or Twitter) by email, posting, messaging, uploading, downloading, or otherwise ("Submission") will be considered non-confidential. Unless otherwise expressly stated in writing by NomadX, no compensation will be paid with respect to the use of any Submission. NomadX shall have no obligation to preserve, return or otherwise make available to you or others any Submission.
    2. License to NomadX Except as set forth in our Privacy Policy, NomadX does not claim ownership of your Submission in its original form; however, by providing a Submission, you hereby grant to NomadX and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the Submission in any and all media (notably social media), whether now known or hereinafter created, throughout the world and for any purpose related to the business of NomadX. By uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission. The rights granted to NomadX include but are not limited to the right to aggregate, summarize, analyze, resize, crop, censor, compress, edit, feature, caption, and to otherwise alter or make use of your Submission. The Host also hereby grants to NomadX the rights to advertise online (or offline) outside of the Site, notably in social media, the same content advertised in it with the purpose of promoting the NomadX Platform and any of its services.
    3. No Privacy in Submissions Subject to our Privacy Policy, and limits under applicable law with regard to identifiable information, you understand and intend that by providing your Submission to NomadX, you hereby waive any privacy expectations that you may have with respect to any such Submission. You hereby agree, subject to the Privacy Policy and Applicable Law, that NomadX is the full owner of all right, title, and interest in any content or information extracted, derived, or otherwise created from such Submission, and you agree to hold NomadX and its affiliates, subsidiaries, licensees, sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any NomadX site, or any other use authorized under these Terms, of your Submission. You further hereby agree that any Submission by you will be accurate and will not be intended to mislead, harm or cause damage to NomadX, any User, any Third Party or any other party, and you agree to indemnify, defend and hold harmless NomadX against any and all claims, liabilities and damages caused by any Submission from you or any Third Party.
  17. FEEDBACK

    Please be advised that if you send or submit to NomadX creative ideas, suggestions, inventions, or materials ("Feedback"), NomadX shall: (a) own, exclusively, all now known or later discovered rights to the Feedback; (b) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (c) be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

  18. LIMITED LICENSE AND SITE ACCESS; ALL RIGHTS RESERVED.

    Use of the Service is limited to persons 18 years of age or older. Subject to your compliance with these Terms, NomadX hereby grants you a limited license to access and make use of these Service, but not to download (other than page caching or downloading of PDF forms, statements, etc. provided as part of the Service) or modify the Service, or any portion of thereof, except with express written consent of NomadX. The Service also contains the Content, and the license granted in this Section does not include any resale or commercial use of the Service or the Content; any derivative use of the Service or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Service or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of NomadX. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NomadX without NomadX's express written consent. You may not use any meta-tags or any other "hidden text" utilizing any of NomadX's name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in the Service and any Content offered on these Service, including any and all intellectual property rights. Any software applications available on or through the Service are licensed, not sold, to you. NomadX may assign these Terms or any part hereof, without restrictions. You may not assign these Terms or any part hereof, nor transfer or sub-license your rights under these Terms, to any third party. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by NomadX.

  19. YOUR USE OF THE SERVICE

    1. Use of Service in Accordance with these Terms and Applicable Law You will not use the Site or Service for any illegal purpose. You will only use the Site or Service in accordance with the terms and conditions of these Terms and Applicable Law.
    2. Responsibility for User Information; Unauthorized Access and Transfers. You hereby acknowledge and agree that you are responsible for maintaining and protecting accurate and current User Information. If you believe that your User Information or a device that you use to access any Site has been lost or stolen, that someone is using the Site or Service with your User Information and without your authorization, or that an unauthorized transaction has occurred, you must notify us immediately.
    3. You hereby acknowledge and agree that NomadX is able to and will cancel your account for any breach of these Terms or by any behavior considered unacceptable by NomadX.
  20. PROHIBITED USE

    1. In connection with your use of the Site, you agree you will not:
      1. provide your User Information (including your NomadX Account log in credentials), NomadX Account information, or access to the Service to any third party unless such third party is a trusted third party service provider of NomadX;
      2. upload or transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
      3. create a false identity for the purpose of misleading others or impersonate any person or entity, including any NomadX representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      4. upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
      5. upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
      6. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
      7. use the Site's or Service's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
      8. upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
      9. violate any Applicable Law or international law;
      10. upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
      11. delete or revise any material posted by any other person or entity;
      12. manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology or directly link to any portion of the Site other than the main homepage in accordance with the limited license outlined above;
      13. probe, scan, test the vulnerability of or breach the authentication measures of, the Site or any related networks or systems;
      14. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the Service if you are not expressly authorized by such party to do so;
      15. harvest or otherwise collect information about others, including e-mail addresses; or
      16. use any robot, spider, scraper, or other automated or manual means to access the Site, or copy any content or information on the Site.
  21. MONITORING AND ENFORCEMENT; TERMINATION.

    1. We have the right to:
      1. Remove or refuse to post any Submissions for any or no reason in our sole discretion.
      2. Take any action with respect to any Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such Submission violates the Terms, including the Prohibited Use provisions hereof, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the NomadX.
      3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
      4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
      5. Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.
    2. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE NOMADX AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
    3. However, we do not undertake to review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
  22. INDEMNIFICATION

    You agree to release, indemnify, and hold harmless NomadX and its Affiliates, and their respective officers, directors, employees and agents, ("Indemnified Persons") harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way related to: (a) your access to, use of, or inability to use the Site or Service; (b) your breach of these Terms; (c) your violation of any rights of a third party; (d) your violation of any Applicable Law; or (e) your failure to provide and maintain true, accurate, current and complete User Information.

  23. WARRANTIES AND DISCLAIMERS.

    1. Limitation of Liability
      1. YOU UNDERSTAND AND AGREE THAT NOMADX, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, AFFILIATES, OR ANY RELATED COMPANIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SITE, SERVICE OR THIS AGREEMENT, EVEN IF NOMADX HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE YOUR NOMADX ACCOUNT, THE SITE, AND SERVICE OR CONTENT, THE COST OF OBTAINING SUBSTITUTE SERVICE RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICE OBTAINED FROM TRANSACTIONS ENTERED INTO THROUGH THE SITE OR SERVICE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SITE AND SERVICE OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE NOMADX DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE.
      2. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
    2. No Warranties
      1. YOU EXPRESSLY AGREE YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SITE, SITE CONTENT AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOMADX, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (I) WARRANTIES THAT THE SITE AND SERVICE WILL MEET YOUR REQUIREMENTS; (II) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SITE, SITE CONTENT OR SERVICE; (III) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (IV) WARRANTIES FOR SERVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR ACCESSED THROUGH THE SITE; (V) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE; (VI) WARRANTIES THAT YOUR USE OF THE SITE OR SERVICE WILL BE SECURE OR UNINTERRUPTED; VIRUS-FREE OR ERROR-FREE AND (VII) WARRANTIES THAT ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED.
      2. NomadX does not warrant or make any representations regarding availability, accuracy, reliability, completeness, or timeliness of the materials, Service, text, graphics, and or links associated with the Site. If your use of the Site or the materials, Service, text, graphics, and or links associated with the Site results in the need for servicing or replacing equipment or data, NomadX is not responsible for those costs.
  24. TERM AND TERMINATION

    1. Term These Terms shall commence on the date you first access the Site or use the Service and remain in effect until either Party terminates these Terms (the "Term").
    2. Termination Rights of NomadX. NomadX may terminate these Terms at any time in its sole discretion.
    3. Your Termination Rights. You may terminate these Terms at any time by ending your use of the Site and the Service and notifying NomadX [email protected].
  25. RIGHT OF USE

    1. Subject to the provisions in these Terms, you may use the Service, Site, and mobile app for non-commercial purposes to: (a) learn about the Service; (b) learn about the Site, Service, and NomadX; (c) enter into these Terms; (d) open a NomadX Account to participate in the Service; (e) access and print or download copies of the current version of these Terms, and other documentation relating to the Service; and (f) make such other use of the Site and Service as we may expressly permit from time to time in furtherance of the objectives and growth of the Service. Subject to these Terms, we hereby grant you a personal, non transferable, nonexclusive, non-sublicensable license to use the user interface of the Site, the Service and their respective content and services in accordance with these Terms, and for no other purpose. All rights, title and interest in and to the user interface and Site, including any software, on or through the Site and Service shall belong to NomadX or our licensors and suppliers, including all modifications thereof and enhancements thereto. The content and user interface made available from, on or through the Site or Service may not be copied, modified, republished, assigned, sold or distributed to you, nor may derivative works be prepared therefrom. The license granted to you pursuant to these Terms is solely for your personal use (but not for resale or redistribution) as a user of the Site or Service and may not be used for any other purposes. No ownership rights are granted to you hereunder and no title is transferred hereby.
  26. RELATIONSHIP OF THE PARTIES

    You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access or use of the Site or the Service. Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Site and/or Service or information provided to or gathered by us with respect to such use.

  27. GENERAL TERMS

    1. Waiver The waiver by NomadX of a breach of any provision contained herein shall be in writing and shall in no way be construed as a waiver of any subsequent breach of such provision or the waiver of the provision itself.
    2. Governing Law; Consent to Jurisdiction; Waiver of Jury Trial These Terms will be deemed entered into in the State of Delaware and will be governed by and interpreted in accordance with the laws of the State of Delaware, excluding without regard to conflicts of law. The Parties agree that any dispute arising under these Terms will be resolved exclusively in the state or federal courts in Delaware and the Parties hereby expressly consent to jurisdiction therein, waiving any defenses of jurisdiction or forum non conveniens. The parties irrevocably waive any and all rights to a trial by jury.
    3. Third Party Beneficiaries Except as limited herein, these Terms and the rights and obligations hereunder shall bind, and inure to the benefit of the Parties and their successors and permitted assigns. Nothing in these Terms, expressed or implied, is intended to confer upon any person, other than the Parties and their successors and permitted assigns, any of the rights hereunder.
    4. Entire Agreement These Terms, as may be amended from time to time, and each of its exhibits or appendices, constitute and contain the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements. Each Party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.
    5. Survival All provisions of these Terms that by their nature extend beyond the expiration or termination of these Terms shall survive the termination of these Terms.
    6. Severability If any provision of these Terms (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of these Terms shall not be affected thereby and shall be binding upon the Parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in these Terms.
    7. Assignment You may not transfer or assign these Terms nor any of your rights hereunder to any third party and any attempt to transfer or assign will be rendered null and void. Notwithstanding the foregoing, NomadX may assign these Terms or any rights hereunder without consent: (i) to an entity that acquires all or substantially all of its stock, assets or business; or (ii) to an Affiliate. Except as provided in this section, any attempts by either Party to assign any of its rights or delegate any of its duties hereunder without the prior written consent of the other Party shall be null and void.
    8. Contact Us If you have any questions about these Terms, please contact us as described on the Site under "Contact Us" or at the email address or phone number provided below. We will attempt to respond to your questions or concerns promptly after we receive them.

      E-mail: [email protected]
      Address: Calçada Bento da Rocha Cabral 1, 1250-047 Lisboa – Portugal