Last Updated: Oct 1, 2021
Thank you for using Nomad!
These Terms and Conditions constitute a legally binding agreement (“Agreement”) made between you and Nomad, concerning your access to and use of our mobile application (the “Application”). You agree that by accessing the Application, you have read, understood, and agree to be bound by all of these Terms and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Application from time to time also form part of these Terms and Conditions. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We may alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Application after the date such revised Terms are posted.
The service provided by the Application is not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to law or regulation. Accordingly, those persons who choose to access the Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Getnomad.app (Nomad) sells prepaid eSIM with data service plans based on eSIM technology (the “Service”). Nomad may be reselling the Service through a Partner or an Agent.
2.1.1. The customer may register for the Service through our Nomad App or via other partners or agents
2.1.2. The customer must provide his or her First and Last name, and verifiable email address to register. Additionally customers may upload their profile photo and state their travel preferences. Such information can be provided voluntarily
2.1.3. The customer must accept the General Terms and Conditions and the Privacy Policies to register for the Service
2.2.1. Nomad may restrict the availability of plans to some countries. Customers can browse, select and purchase our plans on the Nomad App or via our partners and agents.
2.2.2. By purchasing the Service, customers acknowledge that they have an unlocked, eSIM-compatible device, which is a prerequisite for the Service.
2.2.3. On purchase, customers must download the eSIM onto the customer device in order for the data plans to be configured as per your order. The downloaded eSIM shall continue to remain on your device after credit has been expended or your plan has expired. Customers can choose to remove the eSIM in their phone settings at any time, but we recommend that the customer do not remove eSIM until their plan has been depleted or expired.
2.2.4. To implement Service, the customer must first download the eSIM, then activate the data plan attached to the eSIM in order for service to commence. This downloading eSIM and the activation of the plans may require stable internet connection.
2.3.1. The Service shall commence immediately following a successful download of eSIM and activation of the data plan associated with the eSIM.
2.3.2. The duration of the Service will be as per the terms of the plan purchased.
2.3.3. The Service will terminate either on full consumption of plan or expiry of duration of the plan, whichever is earlier.
2.3.4. Nomad may suspend the Customer’s use of the Service in case of breach of customer obligations mentioned below, with or without any notice. Nomad reserves the rights close the account(s) of any Customer and to request proper payment if the Customer attempts to use the NOMAD’s credits, promotions and referrals for the Services (the “Program”) in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
2.4.1. The Service is provided on an “as is” and “as available” basis. Nomad shall use reasonable steps to make the Service available to you at all times, contingent upon our and/or our service provider’s ability to maintain network capacity and connection availability. However because Nomad relies on technology and networks provided by its partners, Nomad cannot guarantee network coverage, quality or availability of the Service.
2.4.2. Nomad partners with other entities to provide the Service. Nomad is under no obligation to inform the customer if it uses services from such partners. Customers agree to comply with Terms and Conditions of our partners as well. Our primary partner is Truphone Ltd and their Terms and Conditions can be found here: Truphone Electronic-SIM (“E-SIM”) Terms & Conditions
2.4.3. Availability of Service depends on our partners’ ability to maintain network capacity and connection availability, for which there are no guarantees.
2.5.1. Customer agrees to use the Service in compliance with these Terms and Conditions and to be responsible for all use of the Service.
2.5.2. Customer agrees to submit true, accurate, and complete registration information, and to keep such information up-to-date.
2.5.3. Customer agrees to keep the password confidential and will be responsible for all use of the account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is objectionable.
2.5.4. Customer agrees to use the Service in accordance with all applicable laws and regulations of the home nation, the country of residence, and the country in which the customer is present.
2.5.5. Customer agrees that the Service shall be used for personal consumption only.
2.5.6. Customers agree that the Service shall not be used to engage in any action that is abusive, illegal or fraudulent or that causes the Network to be impaired or damaged.
2.5.7. Customer agrees that the credits, promotions and referrals for the Services (the “Program”) shall not be used to undermine the fairness, integrity or legitimate operation of the Program, including but not limited to, creating fake accounts or using fictitious identities to participate in the Program or receive Reward. Nomad, in its sole discretion, reserves the right to disqualify the customer from the Program and future use of our Services.
2.5.8. Customer agrees that Nomad may suspend the Service in case of breach of the above obligations, and that the Customer will continue to be liable and shall pay all charges due under these Terms and Conditions in respect of the suspended Services. Do note that any attempt to deliberately damage or undermine the legitimate operation of the Services and the Program may be in violation of criminal and civil laws. Nomad reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution.
3.1. The customer may register and buy the E-sim on Nomad App. Payment may be processed through an authorized agent of Nomad.
3.2. All E-sims are prepaid and prices are inclusive of any indirect taxes, unless specified otherwise. Indirect Tax will be levied on the basis of the zip code shown in the billing information related to the Credit Card Payment.
3.3. Indirect Taxes means sales tax, value-added tax, and any similar levies or taxes imposed by government entities at the time of sale of Plans.
4.1. Customers will be charged upon the purchase of E-sim.
4.2. Customers may request a refund or a change prior to the installation and activation of the E-sim or there is a known technical problem originating from NOMAD after activation of E-sim.
4.3. Any complaints or feedback about the Service can be sent to the support team via a composed message to the Help Center of the mobile app or email firstname.lastname@example.org.
5.1. This Agreement and any non-contractual obligation arising out of or in connection with it, will be governed by and construed in accordance with the laws of the State of California, USA and any dispute shall be dealt in the courts there.
5.2. Other mandatory rules, regulations and laws of other States or countries may also apply to your use of the Services.
Except as otherwise indicated, the Application is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Application “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you are eligible to use the Application, you are granted a limited license to access and use the Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Application, Content, and the Marks.
We may be compelled to disclose your personal details where we are required to do so by a valid order of an authorized governmental representative or court order. By registering for the Services you consent to such disclosure including potentially to countries which do not provide the same level of data protection as the United States.
The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party, including but not limited to their copyright, patent, trademark, trade secret, or moral rights.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any way enabled by the Application or referred to in these Terms and Conditions…
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms and Conditions.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
Any use of the Application in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Application.
By posting your Contributions to any part of the Application, or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
We may provide you areas on the Application to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Application on wireless electronic devices owned or controlled by you, and to access and use the Application on such devices strictly in accordance with the terms of this license. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environmental permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
The following terms apply when you download the Application from either the Apple Store or Google Play (each an “App Distributor”) and then access the Application: (1) the license granted to you for the Application is limited to a non-transferable license to use the Application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the Application as specified in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; (3) in the event of any failure of the Application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the Application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the Application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms of this license, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms of this license against you as a third-party beneficiary thereof.
As part of the functionality of the Application, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Application; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Application via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Application. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then the Social Network Content may no longer be available on and through the Application. You will have the ability to disable the connection between your account on the Application and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Application. You can deactivate the connection between the Application and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Application (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
The Application may contain (or you may be sent via the Application) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Application or any Third-Party Content posted on, available through, or installed from the Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Application and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions will then no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Application or relating to any applications you use or install from the Application. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation, to: (1) monitor the Application for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Application.
Parts of the Terms and Conditions were generated by Termly’s Terms and Conditions Generator.