Terms of Service

Last Updated: April 03, 2025

Welcome to Nomaden Limited or its authorized affiliates ("we," "us," or "our"). These Terms of Service ("Terms") govern your use of our technology services, multimedia production, cybersecurity services, and related offerings (collectively, "Services"). By engaging with our Services, you agree to be bound by these Terms. We reserve the right to update these Terms at any time, with changes effective upon posting to our website.

1. User Responsibilities

1.1. Accurate Information

You represent and warrant that all information you provide to us, including but not limited to personal details, contact information, and any data submitted in connection with the Services, is accurate, complete, truthful, and up-to-date. You agree to promptly update any information that changes to maintain its accuracy. We reserve the right to suspend or terminate your access to the Services if we discover that any information provided by you is inaccurate, incomplete, or misleading.

1.2. Account Security

You are solely responsible for safeguarding the confidentiality of your account credentials, including usernames, passwords, and any other access codes. You agree not to share your credentials with any third party and to notify us immediately if you suspect any unauthorized access to your account. You are liable for all activities, actions, or omissions that occur under your account, whether by you or a third party, and you agree to indemnify us for any losses or damages arising from unauthorized use of your account.

1.3. Prohibited Activities

You agree not to use the Services for any purpose that is unlawful, prohibited by these Terms, or harmful to us or any third party. Prohibited activities include, but are not limited to:

Infringing on intellectual property rights, such as copyrights, trademarks, or patents;
Distributing viruses, malware, or any other malicious code;
Attempting to gain unauthorized access to our systems, networks, or data, or those of any third party;
Engaging in any activity that disrupts, damages, or interferes with the operation of the Services or our infrastructure;
Using the Services to transmit unsolicited commercial communications or spam;
Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity.
We reserve the right to investigate and take appropriate legal action against any user who engages in prohibited activities, including terminating your access to the Services and reporting such activities to law enforcement authorities.

1.4. Technical Requirements

You acknowledge that access to and use of the Services requires certain hardware, software, and internet connectivity, which are your sole responsibility to obtain, maintain, and update as necessary. We are not liable for any inability to access or use the Services due to your failure to meet these technical requirements, including but not limited to incompatible devices, outdated software, or insufficient internet bandwidth.

2. Payment Terms

2.1. Fees and Payment Schedule

Fees for the Services provided by Nomaden Limited or its authorized affiliates (“we,” “us,” or “our”) will be outlined in your agreement, contract, or invoice(s) (collectively, the “Agreement”). All payments are due in full by the due date(s) specified in the Agreement. Unless otherwise agreed in writing, payment is required prior to the commencement of Services.

2.2. Payment Methods and Transaction Costs

For your convenience, we offer online payment options through third-party payment gateways integrated with our accounting and invoicing system. Accepted payment methods include cash, credit cards, debit cards, and other electronic payment options as specified at checkout or in the Agreement. Checks, Money Orders or other non-listed payment methods not explicitly listed therein are not accepted forms of payment. You agree to bear all associated credit card processing fees, transaction costs, or other charges imposed by the payment gateway, your financial institution, or government regulations. These costs will be added to your total amount due at checkout or reflected on your invoice(s). We reserve the right to modify or limit accepted payment methods at any time without prior notice.

2.3. Late Payments and Suspension of Services

If payment is not received by the due date, we reserve the right, at our sole discretion, to:

Impose late fees or interest charges on the overdue amount, calculated at a rate of 100% per month or the maximum rate permitted by applicable law, whichever is lower;
Suspend or terminate your access to the Services until full payment, including any late fees, is received; and/or
Pursue any other remedies available under the Agreement or applicable law.
You acknowledge that suspension or termination of Services due to non-payment does not relieve you of your obligation to pay all amounts due, including any additional fees or costs incurred in collecting the overdue amount.

2.4. Non-Refundable Fees

All fees paid for the Services are non-refundable, except as expressly provided in the Agreement or required by applicable law. Refunds, if any, will be granted solely at our discretion and must be agreed upon in writing.

2.5. Hold Harmless

You agree to indemnify, defend, and hold harmless Nomaden Limited, its affiliates, officers, directors, employees, agents, and authorized stakeholders (collectively, the “Released Parties”) from and against any and all claims, demands, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

Your failure to make timely payments;
Any chargebacks, disputes, or reversals initiated by you or your financial institution;
Your use of third-party payment gateways; or
Any breach by you of these Payment Terms.
This obligation survives the termination or expiration of the Agreement or your use of the Services.

2.6. Third-Party Payment Gateways and Limitation of Liability

We utilize third-party payment gateways to process payments. These third parties are responsible for securely handling your payment information and completing transactions. To the fullest extent permitted by law, the Released Parties shall not be liable for any loss, damage, or unauthorized access to your payment information caused by the acts or omissions of these third-party providers, including but not limited to security breaches, transaction failures, or service interruptions. You agree to resolve any disputes related to payment processing directly with the third-party provider.

3. Limitation of Liability

3.1. Services Provided Without Warranty

Our Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise. This includes, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, performance, or uninterrupted or error-free operation. We do not guarantee that the Services will meet your specific needs, achieve any particular results, or be available at any particular time or location. You acknowledge that your use of the Services is at your sole risk and that you are solely responsible for any damage to your computer system or loss of data resulting from such use.

3.2. Released Parties

To the fullest extent permitted by applicable law, Nomaden Limited, its affiliates, officers, directors, employees, agents, and authorized stakeholders (collectively, the "Released Parties") shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, personal information, business opportunities, or reputation, arising out of or related to your access to or use of the Services, even if advised of the possibility of such damages.

3.3. Aggregate Liability

Our total aggregate liability for any claim, loss, or damage arising under or related to these Terms or the Services, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount paid by you, if any, for the specific Service giving rise to the claim during the twelve (12) months immediately preceding the event causing the claim. This limitation applies regardless of the form of action or legal theory.

3.4. Force Majure

The Released Parties shall not be responsible for any delays, failures, interruptions, or damages caused by events or circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, labor disputes, government actions, third-party actions, technical outages, or other force majeure events as outlined in the Force Majeure clause of your agreement or contract.

3.5. Hold Harmless

You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

your use of the Services;
your violation of these Terms;
your infringement of any third-party rights, including intellectual property rights;
any content or data you provide through the Services;
any act or omission by you or any party acting on your behalf; or
any third-party claims related to your use of the Services or data breaches caused by your actions.
This obligation shall survive the termination or expiration of these Terms or your use of the Services.

3.6. Waiver of Class Action Rights.

To the fullest extent permitted by law, you agree that any dispute or claim arising out of or relating to these Terms or the Services shall be resolved solely on an individual basis. You expressly waive any right to participate in a class, collective, or representative action, whether as a class member or otherwise, or to pursue any claim against Nomaden Limited or the Released Parties through a class arbitration, consolidated proceeding, or any other form of collective action. Any proceedings to resolve disputes will be conducted only on an individual basis and not combined with any other party’s claims or proceedings without our prior written consent.

3.7. Acknowledgment.

You acknowledge and agree that the limitations of liability set forth in this section are fundamental elements of the basis of the bargain between you and Nomaden Limited or its affiliates, and that Nomaden Limited or its affiliates would not provide the Services to you absent such limitations. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

4. Data Collection and Privacy

4.1. Collection and Use of Personal Information.

We collect personal information that you voluntarily provide to us, including but not limited to your name, email address, phone number, and other contact details. This information is stored and processed within our internal systems, such as Customer Relationship Management (CRM) software, for legitimate business purposes, including but not limited to marketing communications, customer satisfaction tracking, service delivery, and account management. By providing such information, you consent to its collection and use as described herein and in our Privacy Policy.

4.2. Payment-Related Data.

Payment-related information, such as credit card numbers, billing addresses, or other financial details, is processed and securely stored exclusively by our trusted third-party payment processor(s) and our aggregate accounting and invoicing provider. Nomaden Limited does not retain, store, or have direct access to such sensitive payment data like card numbers, security codes or expiration dates within our internal systems. We rely on these third-party providers to handle payment transactions in compliance with applicable data protection and security standards, and we disclaim any liability for their actions or omissions, as further detailed in Section 4.6 below.

4.3. Aggregated and Anonymized Data.

We may collect, use, and share aggregated and anonymized data derived from your use of the Services for purposes such as analytics, research, and improvement of our Services. This data will not identify you personally and is not subject to the same protections as personal information. For a comprehensive explanation of our data practices, please refer to our Privacy Policy, which can be found on our website.

4.4. Opt-Out Rights.

You may request the removal or cessation of use of your personal data from our systems at any time by submitting a written request to our support team at support@nomadenlimited.com. Upon receipt of a valid request, we will process your opt-out in accordance with applicable law and our Privacy Policy, provided such removal does not conflict with our legal obligations or rights (e.g., record-keeping requirements or defense against claims). Note that opting out may limit your ability to access or use certain features of the Services.

5. Intellectual Property

5.1. Ownership:

All content, designs, and deliverables produced by Nomaden Limited or its authorized affiliates in connection with the Services ("Our IP") shall remain the sole and exclusive property of Nomaden Limited or its authorized affiliates. Ownership of Our IP does not transfer to you unless explicitly agreed in a separate written agreement signed by both parties.

5.2. License:

You are granted a limited, non-exclusive, non-transferable license to use Our IP solely as necessary to utilize the Services provided. The scope of this license—whether for personal use (use by an individual for non-commercial purposes) or commercial use (use for business, promotional, or revenue-generating purposes)—shall be explicitly defined in your agreement, contract, or invoice(s) with Nomaden Limited or its authorized affiliates. Absent such specification, no license beyond personal use is implied.

5.3. Model Release:

If our Services involve the creation of multimedia content (e.g., photographs, videos, or audio recordings) featuring identifiable individuals, brands, or business(es), you represent and warrant that you have obtained all necessary consents and releases from such individuals, brands, or business(es) for the use of their likeness, voice, or performance. To the extent Nomaden Limited or its authorized affiliates produces such content, you grant us an irrevocable, worldwide, royalty-free license to use, reproduce, and distribute the content (including the likeness, voice, or performance of any individual therein) for the purpose of delivering the Services and promoting our business, unless otherwise restricted in writing in your agreement or contract.

5.4. Client Materials:

You grant us a non-exclusive, royalty-free license to use materials you provide for the purpose of delivering the Services and promoting our business, unless otherwise restricted in writing in your agreement or contract.

6. Technology and Cybersecurity Services

6.1. Infromation Technology Solution Procurement and Management

Where we, Nomaden Limited, provide procurement or management services for information technology solutions, we act solely as a facilitator to recommend, procure, or oversee third-party solutions on your behalf. We do not develop, maintain, or control these third-party services, and we make no representations, warranties, or endorsements regarding their performance, security, availability, or suitability for your specific needs. You acknowledge and agree that:

All risks associated with the use of third-party solutions, including but not limited to data breaches, service interruptions, or compliance failures, remain your sole responsibility unless otherwise explicitly specified in writing in your agreement or contract.
You are responsible for reviewing, accepting, and complying with the terms of service, privacy policies, and any other agreements imposed by the third-party providers.
We shall not be liable for any acts or omissions of third-party providers, including their failure to deliver services as promised or any resulting damages.

6.2. Consultation Limitations

Our technology and cybersecurity consultation services, including recommendations for infrastructure, software, or security measures, are provided as professional suggestions based on our expertise and the information available at the time of delivery. These recommendations are not guarantees, promises of specific outcomes, or sources of absolute truth. You acknowledge that:

Technology and cybersecurity landscapes evolve rapidly, and our recommendations may become outdated or less effective over time.
It is your sole responsibility to evaluate, verify, and implement solutions that best suit your unique needs, circumstances, and risk tolerance.
You are encouraged to consult with your own experts or advisors to assess the appropriateness of our recommendations.
We shall not be liable for any damages or losses arising from your reliance on or implementation of our recommendations, except to the extent explicitly agreed in writing in your agreement or contract.

6.3. Cybersecurity Implementations

Where we provide cybersecurity services or infrastructure, our liability is strictly limited to the proper implementation of solutions that we have explicitly recommended in writing. We shall not be liable for any security breaches, data loss, system failures, or other incidents resulting from:

Your failure to follow our written recommendations in full;
Your implementation of solutions, configurations, or practices outside the scope of our written recommendations;
Vulnerabilities, defects, or failures inherent to third-party systems, software, or services beyond our control;
Your negligence, misuse, or failure to maintain and update your systems, software, or security measures as required; or
Any unauthorized access or cyberattack that could not have been reasonably prevented by the implemented solutions.
You agree to promptly implement all updates, patches, and maintenance procedures recommended by us or third-party providers to ensure the ongoing effectiveness of cybersecurity measures.

6.4. Client Responsibility

You bear ultimate responsibility for all decisions regarding the adoption, configuration, and maintenance of technology and cybersecurity measures, whether based on our recommendations or otherwise. This includes, but is not limited to:

Ensuring the overall security, integrity, and compliance of your systems, data, and operations;
Implementing and maintaining appropriate security measures, policies, and controls beyond those provided by us;
Regularly monitoring and auditing your systems for vulnerabilities or unauthorized access; and
Complying with all applicable laws, regulations, and industry standards related to data protection and cybersecurity.
You acknowledge that no technology or cybersecurity solution can eliminate all risks, and you agree to assume all residual risks not explicitly covered by our services.

7. Termination

7.1. Suspension or Termination of Access

We reserve the right to suspend or terminate your access to the Services at our sole discretion, with or without cause. Common reasons for suspension or termination include, but are not limited to:

Violations of these Terms, such as misuse of the Services, unauthorized access to systems or accounts, or breach of confidentiality obligations;
Non-payment of any fees, charges, or costs owed to us;
Harmful conduct, including actions that damage our reputation, disrupt our operations, or negatively affect other users;
Legal or regulatory requirements that compel us to terminate access; or
Other behavior that we determine, in our sole judgment, is detrimental to the Services or our business.

Where feasible, we will provide you with prior notice of suspension or termination, including the reason(s) for our decision. However, we may terminate your access immediately and without notice in cases of severe violations (e.g., illegal activity, significant breaches of these Terms), emergencies, or where required by law.

7.2. Survival of Obligations and Rights

Upon termination, certain obligations and rights remain in effect:

Your obligations include:

Payment of any outstanding fees, charges, or costs incurred prior to termination;
Continued adherence to confidentiality obligations outlined in your agreement or contract with Nomaden Limited or its affiliates;
Fulfillment of indemnification duties as specified in Section 3.5 (if applicable).

Our rights include:

Limitation of liability as described in Section 3;
Retention of intellectual property rights;
Any other provisions that, by their nature, are intended to survive termination.

7.3. Data Retrieval Post-Termination

After termination, you may request access to retrieve your data by contacting our support team at support@nomadenlimited.com within 30 days of termination. We will make reasonable efforts to assist you in retrieving your data during this period. Following the 30-day window, we reserve the right to permanently delete your data from our systems, and we will not be liable for any loss or damage resulting from such deletion.

7.4. Impact on Ongoing Services

Termination of your access to the Services does not automatically affect any ongoing projects, services, or separate agreements unless explicitly stated in writing. Any such obligations will continue until completed or terminated according to their specific terms.

7.5. User Responsibility

You acknowledge that termination may result in the loss of access to your account, data, and any content tied to the Services. To avoid potential loss, we strongly recommend that you maintain regular backups of your data and provide on time payments to ensure access to the Services.

8. Governing Law and Dispute Resolution

8.1. Governing Law

These Terms, and any disputes, claims, or controversies arising out of or relating to these Terms or the Services (collectively, "Disputes"), shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America, without regard to its conflict of laws principles. This ensures a consistent legal framework applies to all matters related to these Terms and the Services, regardless of where you are located.

8.2. Binding Arbitration

Any Dispute arising under or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall take place in Denver, Colorado, and be conducted in English before a single arbitrator. The arbitrator’s decision shall be final and binding on both parties, and judgment on the award may be entered in any court of competent jurisdiction. This process provides a streamlined, private method to resolve disputes efficiently.

8.3. Exceptions to Arbitration

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction in Denver, Colorado, for matters requiring immediate judicial intervention. Such matters include, but are not limited to:

infringement or misappropriation of intellectual property rights;
breach of confidentiality obligations; or
any urgent issue where arbitration would not adequately prevent irreparable harm.
This exception ensures that critical issues can be addressed swiftly through the courts when necessary.

9. Miscellaneous

9.1. Entire Agreement

These Terms, together with any applicable agreement, contract, or invoice, constitute the entire understanding and agreement between you and Nomaden Limited or its authorized affiliates regarding the Services. They supersede and replace any prior or contemporaneous agreements, communications, or representations, whether oral or written, relating to the subject matter herein. In the event of any conflict between these Terms and any other agreement or document, these Terms shall prevail unless explicitly stated otherwise in writing.

9.2. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect. To the extent possible, the unenforceable provision shall be replaced with a valid and enforceable provision that most closely achieves the original intent of the parties.

9.3. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms, the Services, or your account, please contact our support team at support@nomadenlimited.com. Our support team is available during regular business hours to assist you with any issues or to provide further clarification.

9.4. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, to any affiliate or in connection with a merger, acquisition, or sale of assets without your consent.

9.5. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

9.6. Interpretation

These Terms shall be interpreted in accordance with their plain meaning and not strictly for or against any party. The headings in these Terms are for convenience only and do not affect the interpretation of the provisions.