Terms of Use
1. Who we are, and what these terms cover
These terms are an agreement between you and Trout UG (haftungsbeschränkt), Forellenweg 8a, 94428 Eichendorf, Germany ("we"), about the Nome app for iPhone and the service behind it ("Nome"). By creating a Sloa Account in the app or by using Nome, you accept them. How we handle your data is described in the privacy policy.
2. Who may use Nome
- You must be at least 18 years old.
- You need a Sloa Account. It is yours alone: keep your password to yourself and tell us if you think someone else has used it.
- Use Nome for yourself. If you use it for work, make sure your employer allows it.
3. The service
Nome is a personal assistant that answers your messages and, when you allow it, works with your to-dos, notes, calendar, reminders, contacts, health data and connected accounts. To use Nome you need a subscription (section 4). So that the service stays fair and stable for everyone, each account can ask for a limited number of replies per day (currently 200), with a subscription too.
We keep improving Nome, so features may change, be added or be removed. We try to keep Nome available, but we cannot promise that it always will be, or that it will work without errors.
4. Subscription, price and payment
What you buy. A subscription gives the Sloa Account it was bought with access to Nome for the period you choose: one month ("Nome Monthly") or one year ("Nome Yearly"). There is no trial period. Creating a Sloa Account costs nothing; without a subscription you can still sign in and delete your account, but Nome does not answer.
Bought through Apple. Subscriptions are sold only in the app, as in-app purchases in Apple's App Store. Before you buy, the app shows the plan, its length and its price in your currency. You pay Apple with the payment method of your Apple Account, and Apple's terms for purchases apply to the payment. We never receive your card or bank details.
Renewal and cancelling. A subscription renews automatically for the same period, at the price then in effect, unless you cancel it at least 24 hours before the current period ends. Apple charges the renewal within 24 hours before the period ends. You cancel in your Apple Account settings (on your iPhone: Settings → your name → Subscriptions); "Manage subscription" in Nome's Settings takes you there. After you cancel, you keep access until the end of the period you have paid for. Deleting the app does not cancel a subscription. If the law of your country gives you further rights to end a subscription, they are not limited by this.
Refunds. Apple takes the payment, so refund requests go to Apple: reportaproblem.apple.com. We cannot see your payment or pay a purchase back ourselves. This does not limit the rights the law gives you, including those in the next paragraphs and those you have if Nome is defective.
Right of withdrawal for consumers. If you are a consumer in the European Union, or in another country whose law provides it, the law gives you the right to withdraw from the purchase of a subscription within 14 days, without giving a reason. Purchases in the App Store are made through Apple, which holds the payment, so the withdrawal is declared to Apple: the quickest way is reportaproblem.apple.com, and the Apple Media Services Terms and Conditions for your country describe the right and how Apple handles it. You can also send your withdrawal to us at support@flits.so, in any clear statement; we confirm it and tell you how to get the refund from Apple. Nothing in these terms limits the right of withdrawal the law gives you.
Price changes. We may change the price of a subscription. A new price never applies to a period you have already paid for. You are told before it applies, and where Apple or the law requires your agreement, your subscription does not renew at the new price unless you agree. You can cancel before the change takes effect, and the rights the law gives you when a price changes are not limited by this.
Your subscription and your account. The subscription belongs to the Sloa Account you were signed in with when you bought it, and it works on every device on which you sign in with that account. "Restore purchases" on the subscription screen brings back a subscription bought with your Apple Account, for example on a new phone. Deleting your Sloa Account does not cancel a subscription bought through the App Store. Cancel it in your Apple Account settings first; otherwise Apple keeps charging you, and we cannot stop that for you.
5. AI answers can be wrong
Nome's answers are written by AI models. They can be incomplete, out of date or simply wrong, even when they sound sure. Check anything important before you rely on it.
- Nome is not professional advice: not medical, legal, financial, tax or psychological advice. What Nome says about your health, including your Health page, is general information and not a diagnosis or treatment. Talk to a doctor or another qualified person about your situation.
- Nome is not for emergencies. If you or someone else is in danger, call your local emergency number (112 in the EU).
6. When Nome acts for you
Nome asks every time before it sends anything to other people in your name (for example an email or an invitation), and it asks before it changes or deletes a calendar event or a contact of yours, or deletes an email. You are responsible for what you allow, so read the card before you tap Allow. Changes Nome makes in your Sloa account can be undone.
7. Acceptable use
Do not use Nome to:
- break the law, or help anyone else do so;
- create, request or share content that sexually exploits children, that is hateful, harassing or threatening, or that encourages violence or self-harm;
- deceive, defraud, impersonate or spam other people, including through email Nome sends for you;
- violate other people's privacy or rights, including intellectual property;
- attack, overload, reverse-engineer or get around the limits or security of Nome, or access it by automated means other than the app;
- break the terms of the services you connect (such as Google, Microsoft, WHOOP, WhatsApp or Apple) or of the AI providers Nome uses.
If an answer is harmful or wrong, report it: press and hold the answer, then choose Report response.
8. Your content
What you write, record, upload or keep in Nome stays yours. You give us only the rights we need to run Nome for you: to store your content, process it and pass it to the services named in the privacy policy so that Nome can answer and act for you. We do not use your content for advertising and we do not claim ownership of it or of Nome's answers to you. Make sure you are allowed to use what you upload.
9. Connected services
Connections to Google, Microsoft, WHOOP, WhatsApp and the apps on your device are optional. Those services have their own terms, and we are not responsible for what they do or whether they are available. You can disconnect them at any time in Customize › Connections.
Talking to Nome in WhatsApp. Where the app offers it, you can link Nome to an agent you create in your own WhatsApp and talk to Nome in that chat. These terms apply there as they do in the app: it is the same Nome, on the same Sloa Account and with the same subscription, and what you ask there counts toward the daily limit in section 3. What is different there:
- WhatsApp is not ours. Nome in that chat is offered by us, not by WhatsApp or Meta. They do not make, check or endorse Nome and do not answer for it, so questions and complaints about Nome go to us. Your use of WhatsApp, agents included, is governed by WhatsApp's own terms and privacy policy, among them its terms for third-party agents, which, WhatsApp says, you accept by connecting an agent.
- It may not be there, and it may not stay. WhatsApp decides who gets agents (so far in a limited number of countries, and not for everyone there) and can change, limit or end them at any time. So we cannot promise that Nome is or stays available in WhatsApp. Nome in the app does not depend on it, and your rights under the law are not limited by this.
- Not a private chat. A chat with an agent in WhatsApp is not end-to-end encrypted. WhatsApp passes what you write there to our server, which reads it to answer you, as the privacy policy describes.
- The key is yours to guard. Whoever holds your agent's API key can read what you write to that agent and answer as it. Paste it only into Nome, and reset it in WhatsApp if you think someone else has it. A key can be linked to one Sloa Account at a time.
- Your OK counts there too. When something needs your permission (section 6), Nome either asks you in the chat, spelling out what it would do, or asks you to open the app. If it asks in the chat, a plain yes from you, typed as your next message and within fifteen minutes, allows that one action, as tapping Allow does in the app. So read what Nome wrote before you answer yes.
- Your iPhone is not in that chat. In WhatsApp, Nome works from what your iPhone last reported, which can be out of date. What only your iPhone can do, for example adding a reminder, does not happen at the moment you ask: it happens once Nome is open on your iPhone again, or Nome asks you to do it in the app. A request that waits for your iPhone is dropped after seven days, and Nome tells you so in the chat.
You can disconnect at any time in the app (Customize › Connections › WhatsApp) and remove the agent in WhatsApp.
10. Ending
You can stop using Nome at any time and delete your account in the app (Settings → Account → Delete account). If you have a subscription, cancel it in your Apple Account settings first: deleting your account does not cancel it (section 4). We may suspend or close an account that seriously or repeatedly breaks these terms, and we may end Nome as a whole, telling you in advance where we reasonably can. When an account is closed, its data is deleted as the privacy policy describes. If that happens during a period you have paid for, your rights under the law, including any right to get back the payment for time you can no longer use, are not limited by these terms.
11. Liability
We are liable without limitation for damage caused intentionally or through gross negligence, for injury to life, body or health, under the German Product Liability Act, and where we have given a guarantee. For slight negligence we are liable only for breaches of an obligation whose fulfilment makes the proper use of Nome possible in the first place and on which you may regularly rely (a "cardinal obligation"), and then only for the damage that is typical and foreseeable for this kind of service. Otherwise our liability is excluded. These limits also apply to our staff and agents.
12. Changes to these terms
If we change these terms, we will tell you in the app before the change takes effect. Where a change needs your agreement, we will ask for it; if you do not agree, you can delete your account.
13. Law and disputes
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, the mandatory consumer protection of the country where you live remains unaffected. We are not willing or obliged to take part in dispute resolution proceedings before a consumer arbitration board.
14. If you got Nome from the App Store
These terms are also the licence agreement for the Nome app (its end user licence agreement, or EULA). For as long as they apply, we give you a personal, non-exclusive, non-transferable licence to use the app on Apple-branded devices you own or control, as the App Store's Usage Rules allow.
These terms are between you and us, not Apple. We, not Apple, are responsible for Nome and its content, its maintenance and support, any claims about it (including product liability, legal or regulatory claims, claims under consumer protection or privacy law, and claims that it infringes someone's intellectual property), and for any warranty the law requires. Apple has no obligation to provide maintenance or support for Nome. If the app fails to conform to a warranty that applies, you may notify Apple, and Apple will refund the purchase price of the app, if you paid one; as far as the law allows, Apple has no other warranty obligation for Nome. When you use Nome, keep to the terms of the other services involved, such as your mobile provider's. You confirm that you are not located in a country subject to a U.S. Government embargo or listed as a terrorist-supporting country, and are not on a U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
Contact
Trout UG (haftungsbeschränkt) · Forellenweg 8a, 94428 Eichendorf, Germany
support@flits.so · Support · Imprint