Legal
Terms of Service
These Terms govern your use of nomenon.io and your interactions with Nomenon, Inc. through the Site. They include a binding arbitration clause and a class action waiver. Please read them carefully.
1. Agreement to these Terms
These Terms of Service (the “Terms”) form a binding agreement between you and Nomenon, Inc., a Delaware corporation (“Nomenon,” “we,” “us”). By accessing nomenon.io or any subdomain that links to these Terms (the “Site”), by submitting a contact or design partner form, by booking a call, or by otherwise interacting with us through the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.
2. Eligibility
You may use the Site only if you are at least eighteen years old and able to form a binding contract under applicable law. If you are using the Site on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to both you and the organization.
3. The Site
The Site provides information about Nomenon and our work, lets you contact us, lets you apply to be a design partner, and lets you book a call with us. The Site is informational. We may add, change, or remove features at any time without notice. We do not currently offer accounts, paid services, or product access through the Site, and references in these Terms to access include only the access made available from time to time through the Site.
4. Acceptable use
You agree not to:
- access or attempt to access the Site by any means other than the interfaces we provide;
- probe, scan, or test the vulnerability of the Site or any related system or network, or breach or circumvent any security or authentication measure;
- interfere with the Site, including by sending malware or by overwhelming the Site with traffic;
- scrape, harvest, or systematically extract content from the Site without our prior written permission;
- impersonate another person or misrepresent your affiliation with a person or organization;
- submit information that is unlawful, infringing, defamatory, or that you have no right to share;
- use the Site to violate any applicable law, regulation, sanction, or third-party right.
We may investigate suspected violations and cooperate with law enforcement where we believe it appropriate.
5. Your submissions
When you send us information through the Site — whether through a contact form, a design partner application, an email, a booked call, or otherwise (“Submissions”) — you represent that the information is accurate to the best of your knowledge and that you have the right to share it with us.
You grant us a worldwide, non-exclusive, royalty-free license to use, store, copy, transmit, and process your Submissions for the purposes of (a) responding to you, (b) evaluating any application or proposal you submit, (c) operating and securing the Site, and (d) complying with law. We will not publish your Submissions or attribute them to you publicly without your permission.
If you choose to send us ideas, suggestions, or feedback (“Feedback”), you agree that we may use the Feedback for any purpose without obligation to you. Please do not send us anything you consider confidential through a public-facing form. If you want a confidentiality regime to attach to a conversation, raise it with us and we can put a separate written agreement in place before substantive disclosures.
6. Intellectual property
The Site, including its text, graphics, layout, code, and selection and arrangement of content, is owned by Nomenon or our licensors and is protected by United States and international copyright, trademark, trade dress, and other intellectual property laws. Except as expressly permitted by these Terms, you may not copy, modify, distribute, sell, lease, or create derivative works of any portion of the Site.
“Nomenon,” “SIGN,” “Sovereign Identity Governed Network,” and the Nomenon logo are trademarks of Nomenon, Inc. or its affiliates. You may not use these marks without our prior written permission. All other trademarks referenced on the Site are the property of their respective owners.
We grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your personal or internal business evaluation. Nothing in these Terms transfers any ownership interest in our intellectual property to you.
7. Confidentiality
Information presented on the Site is intended for general audiences and is not confidential to Nomenon, except as marked. Information you choose to send us is treated in accordance with our Privacy Policy. These Terms do not create a confidentiality obligation, fiduciary relationship, agency, partnership, or joint venture between you and Nomenon. If a confidentiality regime is appropriate for a conversation between us, the parties will execute a separate written agreement.
8. No offer of securities
The Site is not, and the content on it is not, an offer to sell or a solicitation of an offer to buy any security. Any offer or sale of securities by Nomenon will be made only by means of definitive transaction documents, only to qualifying persons in accordance with applicable securities laws, and only on terms set out in those documents. Submitting a contact form, a design partner application, or booking a call does not constitute an investment inquiry, an indication of interest, or a subscription, and does not create any obligation between you and Nomenon other than as expressly stated in these Terms.
9. Forward-looking statements
The Site may contain statements about Nomenon’s plans, technology, products, milestones, or expectations. These are forward-looking statements based on our beliefs and assumptions at the time made. Actual results may differ materially. We do not undertake an obligation to update forward-looking statements except as required by law.
10. Third-party services and links
The Site embeds or links to third-party services, including without limitation Calendly (scheduling), Cloudflare (network and security), and Hostinger (hosting). Use of those services is governed by their own terms and privacy practices. We do not control third-party services and we are not responsible for their content, security, or availability. References to third-party products or services on the Site do not imply endorsement.
11. Disclaimers
The Site, all content on it, and all interactions made available through it are provided “as is” and “as available,” with all faults and without warranty of any kind. To the maximum extent permitted by law, Nomenon disclaims all warranties, express, implied, statutory, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty arising out of course of dealing or usage of trade.
Without limiting the foregoing, Nomenon does not warrant that the Site will be uninterrupted, secure, or error-free, that any defect will be corrected, or that the Site or its servers are free of harmful components. You access the Site at your own risk and are solely responsible for any damage to your device or loss of data that results.
Some jurisdictions do not allow the disclaimer of certain warranties, so some of the above disclaimers may not apply to you.
12. Limitation of liability
To the maximum extent permitted by law, in no event will Nomenon or its officers, directors, employees, agents, affiliates, or licensors be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, or use, whether based in contract, tort (including negligence), strict liability, or any other theory, even if Nomenon has been advised of the possibility of such damages.
In no event will Nomenon’s aggregate liability arising out of or related to these Terms or the Site exceed one hundred United States dollars (US$100). The parties acknowledge that this limit is an essential element of the bargain between them and that Nomenon would not have made the Site available without it.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
13. Indemnification
You agree to defend, indemnify, and hold harmless Nomenon and its officers, directors, employees, agents, affiliates, and licensors from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Site, (b) your violation of these Terms, (c) your Submissions, or (d) your violation of any third-party right, including any intellectual property or privacy right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, in which event you will cooperate with us in asserting any available defenses.
14. Termination
We may suspend or terminate your access to the Site at any time, for any reason, without notice. You may stop using the Site at any time. Sections that by their nature should survive termination — including Sections 5 (last paragraph), 6, 7, 8, 11, 12, 13, 15, 16, and 17 — will survive.
15. Governing law
These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
16. Dispute resolution; arbitration; class waiver
16.1 Informal resolution
Before initiating arbitration, you agree to try to resolve any dispute informally. Send a written notice describing the dispute to grc@nomenon.io with the subject line “Dispute Notice.” You and Nomenon agree to negotiate in good faith for at least thirty days after the notice is received before initiating arbitration. The thirty-day period tolls any statute of limitations that would otherwise apply.
16.2 Binding arbitration
You and Nomenon agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Site, including the existence, validity, interpretation, performance, breach, or termination of these Terms (each, a “Dispute”), will be resolved by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures then in effect.
The arbitration will be conducted by a single arbitrator. The seat and place of arbitration will be Los Angeles County, California. The language of the arbitration will be English. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.
16.3 Class action waiver
You and Nomenon each agree that any Dispute will be brought in the parties’ individual capacity only, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If a court decides that this class waiver is unenforceable as to a particular claim, that claim (and only that claim) must be severed from the arbitration and may proceed in a court of competent jurisdiction; the remaining claims will continue in arbitration.
16.4 Exceptions
Nothing in this Section prevents either party from (a) bringing an individual action in small-claims court, (b) seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights, or (c) filing suit to enforce an arbitration award.
16.5 Opt-out
You may opt out of this arbitration agreement. To opt out, send written notice to grc@nomenon.io with the subject line “Arbitration Opt-Out” within thirty days of the date you first agreed to these Terms. The notice must include your full name, the email address you used to interact with the Site, and a clear statement that you wish to opt out of arbitration. If you opt out, the rest of these Terms continue to apply, and any Dispute will instead be resolved exclusively in the state or federal courts located in New Castle County, Delaware. You and Nomenon consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.
16.6 Federal Arbitration Act
This Section evidences a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this Section.
17. General
Entire agreement. These Terms, together with the Privacy Policy and any additional terms we make available on the Site, constitute the entire agreement between you and Nomenon concerning the Site and supersede any prior agreements between you and Nomenon on the same subject.
No waiver. Our failure to enforce a provision of these Terms is not a waiver of that provision. A waiver of any provision is effective only if in writing and signed by us.
Severability. If a court of competent jurisdiction finds any provision of these Terms unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms freely, including to an affiliate or in connection with a merger, acquisition, financing, reorganization, or sale of assets.
Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, labor disputes, war, terrorism, civil unrest, embargoes, government orders, internet or utility failures, or pandemic.
Notices. We may give notice to you by email, by posting on the Site, or by any other reasonable means. You give notice to us by emailing grc@nomenon.io or by writing to the address below.
Independent contractors. The parties are independent contractors. These Terms do not create any agency, partnership, joint venture, or employment relationship.
Headings. Headings are for convenience only and do not affect interpretation.
18. Changes
We may update these Terms from time to time. The “Effective” date at the top reflects the version currently in force. If we make material changes, we will update the “Last updated” date and, where appropriate, give additional notice. Your continued use of the Site after changes take effect constitutes acceptance of the updated Terms. If you do not agree, stop using the Site.
19. Contact
Questions about these Terms? Email grc@nomenon.io. The grc@ inbox is monitored by Nomenon personnel and reaches our governance, risk, and compliance function; it does not necessarily route to outside legal counsel.