Terms of Service

1. The parties and scope

1.1 The provider. The NomadCheck mobile application (the “Application”) and the related services made available through it (together, the “Service”) are supplied by NomadCheck, established in the Republic of Bulgaria and contactable at support@nomadcheck.app (“Provider”, “we”, “us”, “our”).

1.2 The user. “You” means the person or organisation that downloads, installs, accesses, registers for or otherwise uses the Service. If you use the Service in the course of your trade, business, craft or profession, you are a “Business User” and you are not a consumer for the purposes of these terms; the protections reserved by law for consumers do not apply to you, and the provisions disapplied below in favour of consumers apply to you in full.

1.3 Binding agreement. These terms, together with the Privacy Policy and any supplementary terms we publish that expressly refer to them, form the entire agreement between you and us in relation to the Service (the “Agreement”). The Agreement supersedes all prior agreements, promises, assurances, warranties, representations and communications between us on its subject matter.

1.4 Acceptance. You accept the Agreement by any of the following, each of which is an affirmative act of acceptance: selecting a control indicating acceptance; creating an account; purchasing a subscription; or accessing or using any part of the Service. Continued use constitutes continuing acceptance of the Agreement as amended under section 21.

1.5 Capacity. You confirm that you have the legal capacity, right, power and authority to enter into the Agreement and to perform your obligations under it, and that where you do so on behalf of an organisation you are authorised to bind it, in which case that organisation is the user for all purposes.

2. What NomadCheck is — and is not

2.1 What the Service is. NomadCheck is an informational and comparative reference tool. It presents estimated cost-of-living figures, price indications, quality-of-life indices, comparative city information, currency-converted values, visa guidance and the budget and household calculations you build yourself, for general informational purposes only.

Visa information is provided for guidance only and is not legal advice.

2.2 Estimates only. All figures, indices, comparisons, conversions, rankings, projections and other outputs made available through the Service are estimates and approximations. They are indicative, may be aggregated, modelled, extrapolated, rounded, averaged, historical, incomplete, out of date or inaccurate, and do not represent, and must not be relied on as representing, actual, current, guaranteed, quoted or obtainable prices, costs, expenses, rents, wages, taxes, exchange rates or living standards in any location. What you actually pay will vary, potentially very substantially, with your circumstances, timing, neighbourhood, lifestyle, contractual terms, market conditions and much else outside our knowledge or control.

2.3 No professional advice. Nothing made available through the Service constitutes financial, investment, tax, accounting, legal, immigration, visa, residency, relocation, employment, insurance, medical, safety, real-estate or any other professional or regulated advice, nor any recommendation, solicitation, endorsement or inducement to take or refrain from taking any action. We are not a financial adviser, tax adviser, legal adviser, immigration adviser, relocation agent, estate agent, insurance intermediary or licensed professional of any kind, and no fiduciary, advisory, agency or professional relationship arises between you and us through your use of the Service.

2.4 Your decisions are your own. You are solely responsible for the decisions you make and the actions you take or do not take, whether or not informed by the Service — including decisions about relocation, travel, immigration, employment, accepting or negotiating pay, taking tenancies or property, budgeting, saving, borrowing, investing, taxation and personal safety. You assume the entirety of the risk arising from those decisions. Verify anything material to you independently, and take advice from a qualified professional licensed in the relevant jurisdiction, before you act.

2.5 No guarantee of coverage. We do not commit that any particular city, region, country, category, index, currency, metric or period is or will remain covered, that coverage will be uniform, or that any given data point exists, is current or will continue to be available. Coverage, methodology, categorisation, presentation and the availability of any feature may change or be withdrawn at any time without notice.

2.6 Currency conversion. Where an amount is shown in a currency other than the one an underlying figure was expressed in, the conversion is indicative only. It may use a delayed, cached, historical or approximated rate, excludes spreads, margins, fees, commissions and taxes, and will not match any rate available to you in a real transaction.

2.7 What you enter. Budget entries, household compositions, saved cities and other inputs are processed as you provide them. We do not verify, validate, audit or take responsibility for the accuracy, completeness or suitability of your inputs or of any calculation derived from them.

3. Licence to use the app

3.1 Grant. Subject to your continuing compliance with the Agreement, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use one copy of the Application on a mobile device you own or lawfully control, and to access the Service, solely for your own personal and non-commercial purposes and solely as the Agreement permits (the “Licence”).

3.2 Reservation of rights. The Licence is a grant of a limited right of use only. No ownership right, title or interest is transferred to you. All rights not expressly granted in section 3.1 are reserved to us and our licensors.

3.3 Scope limits. The Licence does not extend to, and you must not:

• use the Service for or on behalf of any third party;
• use the Service for any commercial, resale, service-bureau, benchmarking, consultancy, publishing, redistribution or data-supply purpose;
• permit anyone else to use your account or the Application; or
• use the Service in any jurisdiction, or by any person, where that use would be unlawful.

3.4 Term. The Licence lasts as long as the Agreement is in force and ends automatically, without notice and with immediate effect, when the Agreement terminates or expires for any reason. You must then stop using the Service and delete all copies of the Application in your possession or control.

4. Accounts and security

4.1 Registration. Some functionality requires an account. You may register with an email address and authentication credentials, or through a supported federated sign-in method. The information you give must be accurate, current and complete, and you must keep it that way.

4.2 Authentication. Authentication is performed through dedicated, professionally operated identity infrastructure. We do not store, receive or have access to your password. The Privacy Policy sets out the detail.

4.3 Your responsibility. You are responsible for keeping your credentials confidential and for everything that happens under your account, authorised by you or not. We are not liable for any loss arising from your failure to keep your credentials secure or from unauthorised access to your account. Tell us without undue delay at support@nomadcheck.app if you become aware of any actual or suspected unauthorised access, use or compromise.

4.4 One account per person. You may hold one account only. You must not create an account by automated means or under a false or another person's identity, sell, rent, lend, transfer or share an account, or create an account after we have suspended or terminated one of yours.

4.5 Accuracy. We may — but need not — verify what you tell us, and we may suspend or terminate any account where we reasonably suspect the information given is false, misleading, incomplete or fraudulent.

5. Permitted and prohibited use

5.1 General. Use the Service only for lawful purposes, in line with the Agreement, and in a way that does not infringe anyone else's rights or restrict their use and enjoyment of it.

5.2 Prohibited conduct. You must not, must not attempt to, and must not help or encourage anyone else to:

1. (a) copy, republish, upload, post, transmit, distribute, licence, sub-licence, sell, resell, rent, lease, lend, assign, transfer, publicly display or perform, broadcast, syndicate or otherwise commercially exploit any part of the Service or any content, data, output, index, figure, calculation, layout, design or compilation available through it, in any medium;
2. (b) extract, harvest, scrape, crawl, spider, index, mine, bulk-download, systematically retrieve or otherwise obtain — manually or by any automated, scripted or robotic means — any content, data or output from the Service, or build any database, dataset, index, archive, cache, corpus, model or derivative work from or reflecting any part of it;
3. (c) use any part of the Service, or any output derived from it, to train, fine-tune, validate, benchmark, evaluate or develop any machine-learning model, artificial intelligence system, large language model or algorithmic system;
4. (d) reverse engineer, decompile, disassemble, decrypt, translate, adapt, modify, port or otherwise try to derive the source code, object code, algorithms, methodologies, models, architecture or underlying structure of the Service, or create a derivative work from it, except to the extent that mandatory law says such acts cannot be prohibited;
5. (e) circumvent, disable, bypass, defeat or interfere with any security, authentication, entitlement-verification, rate-limiting, access-control, geoblocking, paywall or other technical protection applied to the Service, or access any part of the Service, any account, server, system or network connected to it that you are not authorised to access;
6. (f) access the Service by any means other than the interfaces we make available for that purpose — including through any unauthorised client, emulator, script, bot, agent, automated tool, plug-in or interface — or make requests at a volume, frequency or in a manner that is excessive, abusive or that places an unreasonable load on our infrastructure;
7. (g) introduce or transmit any virus, worm, trojan, logic bomb, keystroke logger, spyware, ransomware, malicious code or other technologically harmful material, or conduct any denial-of-service, injection, enumeration, credential-stuffing, penetration, vulnerability-scanning or other intrusive attack against the Service;
8. (h) remove, obscure, alter, deface or falsify any copyright, trade mark, watermark, attribution or other notice on the Service;
9. (i) use the Service to develop, market or promote any product or service that competes with, substitutes for or is substantially similar to it, or to conduct competitive analysis or benchmarking for that purpose;
10. (j) use the Service in breach of any law, regulation, sanctions regime, export-control restriction or third-party right, or for any fraudulent, deceptive, defamatory, harassing, abusive, obscene or otherwise unlawful purpose;
11. (k) misrepresent your identity, affiliation or entitlement, or impersonate any person or entity; or
12. (l) do anything that in our reasonable opinion may damage, disable, overburden, impair or bring into disrepute the Service, our systems, our business or our reputation.

5.3 Enforcement. Without prejudice to any other right or remedy, we may investigate any suspected breach of this section and may, at our discretion and with or without notice, restrict, suspend or terminate your access, remove content, disclose relevant information to law enforcement or a competent authority where required or permitted by law, and pursue any civil or criminal remedy available to us. You acknowledge that a breach of sections 5.2(a) to 5.2(g) would cause us irreparable harm for which damages would not be an adequate remedy, and that we may therefore seek injunctive and other equitable relief without proving actual damage or providing security.

6. NomadCheck Pro and payment

6.1 Free and paid tiers. The Service is available in a basic tier and in one or more paid tiers (“Pro”). Which features sit in which tier is for us to decide and may be varied, added to, reduced or discontinued at any time, subject to sections 8.3 and 9.7.

6.2 Purchase and billing. Subscriptions are purchased, billed, renewed, refunded and cancelled exclusively through the digital distribution platform you obtained the Application from (the “Distribution Platform”), under that platform's own terms, which apply to those transactions in addition to these terms. We never process, collect, receive, transmit or store your payment card, bank account or other payment instrument details. The current price and billing period are shown on the Distribution Platform listing.

6.3 Automatic renewal. Subscriptions renew automatically for successive periods equal to the initial period, at the then-current price, unless cancelled. Your account is charged for renewal within the window before the end of the current period set by the Distribution Platform. To avoid being charged, cancel before the end of the current period, through the subscription-management settings of your Distribution Platform account and within that platform's cancellation deadline. Because that deadline is set by the platform and may fall some time before the renewal date, cancel as early as you can. Deleting the Application does not cancel a subscription.

6.4 Prices and changes. Prices shown to consumers are total prices including VAT and all other applicable taxes and mandatory charges; where an unavoidable charge cannot reasonably be calculated in advance, we say so at the point of purchase. Prices may vary by territory and currency as the law allows. We may change prices prospectively; where a change affects a recurring subscription we will give notice as the law and the Distribution Platform require, the change takes effect at the next renewal, and you may cancel before then if you do not accept it.

6.5 Refunds. Except where a refund is required by mandatory law or granted by the Distribution Platform under its own policies, fees are non-refundable, and there is no refund, credit or pro-rated reimbursement for partly used periods, for periods left after cancellation or termination, for periods you did not use the Service, or for the removal or modification of a feature. Refund requests go to the Distribution Platform; we cannot issue refunds for transactions we do not process.

6.6 Right of withdrawal. If you are a consumer resident in the EU or EEA you have fourteen days from the conclusion of the contract to withdraw from it without giving a reason. Annex A sets out the full instructions and a model withdrawal form.

6.6.1 Where you expressly ask us to begin supply during the withdrawal period and acknowledge that you will lose the right of withdrawal once the contract has been fully performed, the right is lost only on full performance. For a subscription supplied continuously over a period, full performance does not happen before the end of that period.

6.6.2 If you withdraw after asking us to begin supply, you pay an amount proportionate to what was supplied up to the point you told us, calculated against the total contract price, and we reimburse the balance without undue delay and within fourteen days of being told, by the same payment method you used unless we agree otherwise.

6.6.3 Exercise the right by an unequivocal statement to support@nomadcheck.app or by using the form in Annex A and, where the Distribution Platform processed the transaction, by also following that platform's withdrawal procedure. We will confirm receipt on a durable medium without undue delay.

6.6.4 Nothing here limits any more generous withdrawal or cancellation right the Distribution Platform offers.

6.7 Trials and promotions. Where we offer a free trial, discounted introductory period or promotion, it is subject to the terms stated at the point of offer, is limited to one per person and account unless stated otherwise, may be withdrawn or changed at any time, and converts automatically into a paid, auto-renewing subscription at the standard rate at the end of the period unless cancelled beforehand under section 6.3.

6.8 Entitlement verification. Access to Pro depends on a valid, active entitlement being verified. Where an entitlement cannot be verified, has lapsed, or has been refunded, charged back, revoked or obtained in breach of the Agreement, we may suspend or revoke access to Pro features immediately and without notice. We are not liable for loss of access to Pro arising from any failure, delay, error or interruption in entitlement verification, or from any act or omission of the Distribution Platform.

6.9 Chargebacks. Starting a chargeback, payment reversal or payment dispute over a validly incurred charge, other than as the law allows, is a material breach of the Agreement. We may then suspend or terminate your account immediately and recover the amount charged back together with the associated costs and fees.

7. Intellectual property

7.1 Ownership. The Service, the Application, and all software, source and object code, databases, data compilations, structures, methodologies, models, algorithms, indices, calculations, text, graphics, illustrations, iconography, typography, colour schemes, layouts, interfaces, designs, look and feel, audio, video and documentation in them, and all intellectual property rights in any of it anywhere in the world — copyright, database rights including the sui generis database right, design rights, patents, trade marks, trade names, service marks, get-up, goodwill, rights in confidential information, know-how and trade secrets, registered or not — are and remain our exclusive property or that of our licensors.

7.2 Marks. “NomadCheck”, the NomadCheck wordmark, logo, device marks and taglines are our trade marks. No right or licence to use them is granted to you. Using them without our prior written consent is prohibited.

7.3 Compilation and database rights. The selection, arrangement, structure, categorisation, normalisation, enrichment, indexation and presentation of information within the Service is a protected compilation and database in which we hold exclusive rights. Extracting or re-using the whole or a substantial part of it — judged by quality or quantity — and repeated, systematic extraction or re-use of insubstantial parts, are prohibited.

7.4 Your content. You keep ownership of the data you put into the Service. You grant us a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable licence to host, store, reproduce, adapt, format, transmit and display it only so far as needed to operate, maintain, secure, support and provide the Service to you, and to create and use aggregated, de-identified and anonymised information derived from it that identifies neither you nor anyone else, for operating, analysing, securing, improving and developing the Service and producing statistical insights, consistently with the Privacy Policy. This licence survives termination for anonymised and aggregated information only.

7.5 Feedback. Any suggestion, idea, enhancement request, recommendation, review, bug report or other feedback you give us is provided voluntarily, non-confidentially and without obligation. You assign to us all right, title and interest in it or, where that assignment is not effective under applicable law, grant us a perpetual, irrevocable, worldwide, exclusive, transferable, sublicensable, royalty-free licence to use and exploit it for any purpose without restriction, attribution, accounting or compensation, and you waive all moral rights in it so far as the law allows. Where applicable law imposes a formal requirement or a maximum term on the assignment or licensing of rights in works not yet created, the assignment and licence take effect on each item of feedback as it is provided, for the maximum term then permitted, and renew automatically so far as lawful.

7.6 Infringement notices. If you believe content on the Service infringes your intellectual property rights, write to support@nomadcheck.app with enough detail to identify the right, the material complained of and your contact details, together with a statement of good-faith belief and of the accuracy of your notice.

8. Availability and changes

8.1 No availability commitment. The Service is provided on an “as available” basis. We do not warrant that it will be available at any particular time, continuously, uninterrupted, secure, timely or error-free, and we give no service level, uptime or support commitment.

8.2 Interruptions. Access may be suspended, restricted, withdrawn or degraded at any time without notice or liability — for scheduled or emergency maintenance, upgrades, migrations, security measures, capacity management, regulatory reasons, or through the failure or unavailability of communications networks, internet infrastructure, hosting, device operating systems, application stores or other facilities outside our reasonable control.

8.3 Changes to the Service. We may at any time add, modify, restrict, suspend, degrade, discontinue or withdraw the Service or any feature, function, tier, dataset, metric, city, currency, platform version or aspect of it, permanently or temporarily. We may do so for the following valid reasons, which we agree are reasonable: maintaining or restoring conformity; adapting to a new technical environment, device population or larger number of users; correcting defects or vulnerabilities; responding to changes in the availability, licensing terms or cost of the infrastructure and inputs the Service depends on; improving the Service; and complying with law, regulation or the requirements of the Distribution Platform. Subject to section 8.3.1, we are not liable for any such change, and no such change gives rise to a refund, credit or compensation except as mandatory law requires.

8.3.1 Consumers — changes to a paid subscription. If you are a consumer with a paid subscription and we make a change under section 8.3 that goes beyond what is necessary to maintain conformity and that negatively affects your access to or use of the Service other than to a minor extent, we will tell you on a durable medium, reasonably in advance, what is changing, when, and what your rights are. You may then terminate free of charge within thirty days of the later of receiving that information and the change taking effect, and we will reimburse the proportionate part of the price paid for the unsupplied period. This right does not arise where we offer you, at no extra cost, the option of keeping the Service without the change and it stays in conformity.

8.4 Devices, networks and versions. You are responsible for the device, operating system, software, connectivity and data plan needed to use the Service, and for all charges you incur including data roaming. We may stop supporting particular devices, operating-system versions or Application versions where continued support is no longer technically or commercially reasonable, and may require you to install updates as a condition of continued use; withdrawing support for a device or operating-system version that its own manufacturer or publisher no longer supports is not a lack of conformity. This section is subject to section 9.7.

8.4A Functionality, compatibility and interoperability. The Application is a mobile app supplied for the supported mobile operating-system versions listed on the Distribution Platform listing, and needs a compatible device and an active internet connection for most functions. Some preferences and cached information are stored on the device. Pro features need a verified entitlement and are technically restricted without one. The Application applies standard platform-level technical protection measures and no digital rights management restriction beyond the Distribution Platform's own. Apart from what this section and the listing say, we warrant no particular compatibility or interoperability with any hardware, software or service.

8.5 Data loss. Keep your own copies of anything important to you. We do not warrant that data stored in the Service will be preserved, retained or recoverable, or that it will be free from loss or corruption, and we accept no liability for the loss, deletion, corruption or non-recoverability of any data.

9. Disclaimers and your statutory rights

9.1 As is. To the maximum extent permitted by law, the Service, the Application and all content, data, figures, indices, estimates, comparisons, conversions and calculations available through them are provided “as is”, “as available” and “with all faults”, without warranty, condition, representation or term of any kind, express, implied, statutory or otherwise.

9.2 Exclusions. To the maximum extent permitted by law we disclaim all warranties, conditions and terms, express or implied, including any implied warranty of merchantability, satisfactory quality, fitness for a particular or general purpose, accuracy, completeness, correctness, reliability, currency, timeliness, conformity with description or sample, quiet enjoyment, non-infringement, title, security, and uninterrupted or error-free operation, and any warranty arising by statute, course of dealing, course of performance or usage of trade.

9.3 Specific non-warranties. Without limiting the above, we do not warrant that: any figure, index, estimate, comparison, conversion or output is accurate, complete, current, reliable, methodologically sound or suitable for any purpose; the Service will meet your requirements or expectations or achieve any particular outcome; any defect or error will be corrected; the Service or the systems behind it are free from viruses, vulnerabilities or other harmful components; information obtained through the Service is fit to be relied on; or the Service is appropriate, available or lawful for use in any particular jurisdiction.

9.4 No advice given. No oral or written information or advice given by us or by any of our officers, employees, agents, contractors or representatives creates any warranty or increases the scope of our obligations under the Agreement.

9.5 Your statutory rights. Nothing in this section excludes, restricts or modifies any guarantee, warranty, right or remedy given to you by mandatory consumer protection law that cannot lawfully be excluded, restricted or modified. Where such a provision applies, the disclaimers above apply only so far as it permits. Sections 9.1 to 9.4 do not apply to consumers in respect of the statutory conformity of the Service, which is governed by sections 9.6 to 9.10.

9.6 Statutory conformity (consumers). If you are a consumer, we are liable to you under consumer law for any lack of conformity existing at the time of supply and, where the Service is supplied continuously over a period, for any lack of conformity occurring or becoming apparent during that period. The Service must match the description, quantity, quality, functionality, compatibility and interoperability agreed, be fit for the purposes digital services of the same type are normally used for, and come with the accessories, instructions and support you may reasonably expect.

9.7 Updates (consumers). We will tell you about and supply the updates — including security updates — needed to keep the Service in conformity, for as long as the Service is to be supplied under the Agreement. If you fail within a reasonable time to install an update we have made available and told you about, including its consequences, we are not liable for a lack of conformity resulting solely from that failure, unless the failure was down to shortcomings in the installation instructions we gave you.

9.8 Remedies (consumers). Where the Service is not in conformity you are entitled, in this order: to have it brought into conformity free of charge, within a reasonable time and without significant inconvenience; and, where that is impossible, disproportionate, not done within a reasonable time, or where the lack of conformity persists or is serious, to a proportionate reduction of the price for the period concerned, or to terminate and be reimbursed as the law provides. These remedies do not affect any right to damages, subject to section 10.

9.9 Burden of proof (consumers). Where the Service is supplied continuously over a period, the burden of proving conformity during that period is ours for the duration of the supply period, as the law provides.

9.10 Objective conformity. Nothing in the Agreement operates as a specific and separate acceptance by a consumer of a deviation from the objective requirements of conformity. If we want to supply the Service in a way that deviates from them, we will tell you specifically at the point of purchase and obtain your express and separate acceptance.

10. Limitation of liability

10.1 Excluded losses. To the maximum extent permitted by law we are not liable to you, in contract, tort including negligence, breach of statutory duty, restitution, misrepresentation or otherwise, for any of the following — direct or indirect, and even if foreseeable or if we had been warned they were possible:

1. (a) loss of profits, revenue, income, turnover, sales, business, contracts or opportunities;
2. (b) loss of anticipated savings or expected financial benefit;
3. (c) loss arising from relocation, travel, immigration, visa, residency, tenancy, property, employment, remuneration, taxation or insurance decisions, applications, arrangements or outcomes;
4. (d) loss of, damage to, or corruption or unavailability of data, information, content or software;
5. (e) loss of goodwill, reputation, business relationships or opportunity;
6. (f) wasted expenditure or wasted management or staff time;
7. (g) increased costs of working or the cost of procuring substitute services;
8. (h) financial loss of any kind arising from reliance on any estimate, figure, index, comparison, conversion or calculation the Service produces; or
9. (i) any indirect, consequential, special, incidental, punitive, aggravated or exemplary loss or damage.

10.2 Aggregate cap. To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Agreement and the Service — in contract, tort including negligence, breach of statutory duty or otherwise, and across all claims, losses and causes of action taken together — will not exceed the greater of (a) the total amount you actually paid in respect of the Service in the twelve months immediately before the event first giving rise to the liability, and (b) fifty euros (EUR 50).

10.3 Free use. Where you have paid nothing for the Service, our total aggregate liability to you will not exceed fifty euros (EUR 50).

10.4 A single cap. The cap in section 10.2 is an aggregate cap. It is not multiplied by the number of claims, incidents, causes of action or claimants, and multiple claims arising from the same or a related series of events count as one claim against it.

10.5 Third-party services and links. The Service may work with, link to, or be reached through services, platforms, networks, devices, operating systems and infrastructure we do not operate or control. We do not endorse them, are not responsible for them, and have no liability for their availability, content, accuracy, security, practices, terms, acts or omissions. Your dealings with any of them are between you and them.

10.5A Consumers. If you are a consumer, the exclusions and limits in sections 10.1 to 10.4 apply only so far as mandatory consumer protection law permits, and do not restrict or exclude the statutory remedies for lack of conformity in section 9.8, nor our liability for damage caused by our intentional or grossly negligent breach.

10.6 Liabilities we do not exclude. Nothing in the Agreement excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; intentional misconduct or gross negligence; or any other liability that cannot lawfully be excluded or limited, including mandatory consumer rights under Bulgarian and European Union law.

10.7 Allocation of risk. You acknowledge that the disclaimers in section 9 and the limits in this section are a reasonable, agreed allocation of risk between us, form an essential basis of our bargain, are reflected in the pricing of the Service, and apply even if a limited remedy is found to have failed of its essential purpose. They survive termination.

10.8 Prompt notification of claims. Tell us in writing about any claim arising out of or in connection with the Agreement or the Service within one year of becoming aware, or of when you ought reasonably to have become aware, of the circumstances giving rise to it, with reasonable particulars of the claim and the relief sought. Failing to do so does not by itself extinguish the claim, but you may not recover loss that timely notice would reasonably have allowed to be avoided or mitigated. This section does not shorten, extend or otherwise modify any statutory prescription or limitation period, and we both acknowledge that an agreement to do so would be void under the law governing the Agreement.

11. Indemnity

11.1 Your indemnity. You will indemnify, defend and hold harmless us and our affiliates, and each of our respective owners, directors, officers, employees, contractors, agents, licensors, suppliers and representatives (the “Indemnified Parties”), against all claims, demands, actions, proceedings, investigations, liabilities, damages, awards, fines, penalties, settlements, losses, costs and expenses — including reasonable legal and professional fees and the costs of investigation and enforcement — arising out of or in connection with: your use or misuse of the Service; your breach of the Agreement; your breach of any law or of anyone's rights; any content or data you submit; any decision made or action taken or omitted by you or by anyone relying on you in connection with the Service; or any third-party claim about any of those things.

11.2 Conduct of claims. We will tell you about any claim this section covers and may, at our discretion, take exclusive control of its defence and settlement at your cost, in which case you will cooperate fully. You must not settle any claim in a way that imposes an obligation, admission or liability on an Indemnified Party without our prior written consent.

11.3 Consumers. If you are a consumer, this section applies only where the claim, loss or expense arises from your intentional or negligent breach of the Agreement or of the law, and only so far as mandatory consumer protection law permits.

12. Suspension and termination

12.1 By you. You may end the Agreement at any time by stopping all use of the Service, deleting your account in the app or by request to support@nomadcheck.app, and uninstalling the Application. Termination gives no refund except under sections 6.6 (withdrawal), 8.3.1 (changes to a paid subscription), 9.8 (lack of conformity) and 12.3 (termination by us for convenience).

12.2 By us. We may at our discretion, with immediate effect and with or without notice, suspend, restrict, limit or terminate your access, your account, your Licence and the Agreement, in whole or in part, where: you are, or we reasonably suspect you to be, in breach of the Agreement; your use presents a security, legal, regulatory, reputational or operational risk; we are required to by law, court order or a competent authority; an entitlement cannot be verified or has lapsed, been refunded, reversed or revoked; your account has been inactive for twenty-four continuous months; or we stop providing the Service or part of it.

12.3 For convenience. We may end the Agreement and stop providing the Service for any reason or none on thirty days' notice, or immediately if the Service is discontinued entirely. If you hold a paid subscription at that date and the termination is not down to your breach, we will arrange, so far as reasonably practicable, a pro-rated refund of the unexpired part of the current period, and that is your sole remedy.

12.4 What happens next. On termination for any reason: all rights and licences granted to you end immediately; you must stop using the Service and delete the Application; we may deactivate, block, delete or irreversibly anonymise your account and its data, subject to the retention periods in the Privacy Policy and to our legal obligations; and all rights, remedies, obligations and liabilities accrued as at that date are unaffected.

12.5 Survival. These survive termination or expiry for any reason, along with anything else that by its nature is meant to: section 1 (definitions and interpretation), sections 3.2 and 3.4 (reservation of rights; stopping use and deleting copies), section 5 (permitted and prohibited use, for anything you have retained), sections 6.5 and 6.9 (no refunds; chargebacks), section 7 (intellectual property), sections 8.5 (data loss) and 9 (disclaimers and consumer conformity, for the supply period), section 10 (liability), section 11 (indemnity), sections 12.4 and 12.5, section 13 (governing law), section 14 (disputes), section 16 (sanctions and export), section 17 (privacy), section 19 (notices), section 20 (general) and section 22 (contact).

13. Governing law

13.1 The Agreement, its subject matter and its formation, and any non-contractual obligations arising out of or in connection with it, are governed by the laws of the Republic of Bulgaria, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

13.2 Consumer protection. If you are a consumer habitually resident in an EU Member State, this choice of law does not deprive you of the protection of those provisions of the law of your country of habitual residence that cannot be derogated from by agreement.

14. Disputes and complaints

14.1 Talking first. Before starting formal proceedings, each of us should tell the other in writing — for you, at support@nomadcheck.app — what the dispute is about and what is being asked for, and we should both try in good faith to resolve it by negotiation for thirty days from that notice. If you are a consumer this is a recommended step only: it is not a condition of, and does not restrict, your right to bring proceedings at any time. Either of us may still seek urgent injunctive or interim relief.

14.1A Complaints. Send complaints at any time to support@nomadcheck.app. We will acknowledge within seven days and give a substantive response within thirty days, or tell you why it is taking longer and when to expect one.

14.2 Jurisdiction. Subject to sections 14.3 and 14.4, the courts of Sofia, Republic of Bulgaria have exclusive jurisdiction over any dispute or claim, including non-contractual ones, arising out of or in connection with the Agreement, its subject matter or its formation.

14.3 Consumers domiciled in the EU. If you are a consumer domiciled in an EU Member State, nothing in section 14.2 takes away your right to bring proceedings in the courts of your domicile, and proceedings may be brought against you only in the courts of the Member State where you are domiciled.

14.4 Individual claims (Business Users). If you are a Business User, disputes are to be brought and resolved on an individual basis only, and you waive any right to bring, join, participate in or receive relief from any class, collective, consolidated, group or representative action; no court has authority to consolidate more than one person's claims or to preside over a representative proceeding. This does not apply to consumers and does not affect the right of qualified entities to bring representative actions for the collective interests of consumers under EU and national law. If any part of this section is unenforceable for a particular claim, that claim is severed and determined by the courts in section 14.2, and the rest continues in force.

14.5 Alternative dispute resolution. If you are a consumer you may refer a dispute to an alternative dispute resolution body competent in your jurisdiction. Consumers resident in Bulgaria may refer disputes to the General Conciliation Commission at the Commission for Consumer Protection with territorial competence for our seat. Consumers elsewhere in the EU may consult the list of notified ADR bodies kept by their national competent authority. We do not undertake, and are not obliged, to take part in any ADR procedure unless mandatory law requires it.

14.6 Interim and injunctive relief. Nothing in this section stops either of us applying to any competent court for urgent interim, protective or injunctive relief, and doing so is not a waiver of, or inconsistent with, this section.

15. Eligibility and minors

15.1 Not directed to children. NomadCheck is a general-audience informational tool. It is not designed for, directed to or marketed to children, and it holds no content intended for children.

15.2 Legal capacity. You need the legal capacity to enter a binding contract in your jurisdiction to use the Service. Without it, you may use the Service only with the consent and under the supervision of a parent or legal guardian, who then accepts the Agreement on your behalf and takes full responsibility for your use of the Service, including any charges.

15.3 Consent age for data processing. Where data protection law requires the consent or authorisation of a holder of parental responsibility to process a child's personal data below a given age, an account must not be created without it. We may ask for verification and may suspend or delete any account where it is not or cannot be given.

15.4 Parental responsibility. Parents and legal guardians are responsible for supervising the use of the Service by, and any purchases made by, those in their care.

16. Territory, export and sanctions

16.1 Territory. The Service is operated from the Republic of Bulgaria. We make no representation that the Service or its content is appropriate, available or lawful anywhere else. If you use it from outside Bulgaria you do so on your own initiative and are responsible for complying with your local law.

16.1A Non-discrimination. We do not block or limit access, or apply different general conditions of access, based on your nationality, place of residence or place of establishment within the European Union, except where law or the Distribution Platform's terms require it. Where prices differ between territories, that reflects the Distribution Platform's pricing structures and applicable tax rates, and is not discrimination on any of those grounds. The prohibition in section 5.2(e) on circumventing technical restrictions does not apply to a restriction that is unlawful under EU law.

16.2 Sanctions and export controls. You confirm that you are not located in, ordinarily resident in, or a national or government official of, any country or territory subject to comprehensive sanctions or embargo under the laws of the European Union, the Republic of Bulgaria, the United Nations, the United Kingdom or the United States; that you are not on any applicable restricted-party, sanctions or denied-persons list; and that you will not use the Service in breach of any export control, sanctions or anti-money-laundering law. We may suspend or terminate your access immediately where we reasonably believe this has been breached.

17. Privacy and data protection

17.1 How we handle personal data is set out in the Privacy Policy. It is an information notice issued under Articles 13 and 14 of Regulation (EU) 2016/679; it is referred to here for information and is not itself a contractual term, and accepting the Agreement is not consent to any processing described in it. Data protection enquiries go to support@nomadcheck.app.

17.2 You confirm that any personal data about another person that you put into the Service was lawfully obtained and that you are entitled to submit it for processing as the Privacy Policy describes.

18. Force majeure

We are not in breach of the Agreement, nor liable for any delay or failure in performing our obligations, where it results from anything beyond our reasonable control — including acts of God, natural disaster, extreme weather, epidemic or pandemic, war, invasion, hostilities, terrorism, civil unrest, riot, cyber-attack, malicious damage, sabotage, failure or interruption of electricity, telecommunications, internet or hosting infrastructure, failure of third-party platforms, services or suppliers, compliance with any law, governmental order, regulation or sanction, strike, industrial action or labour dispute, and shortage of supply. Our obligations are suspended for the duration, and if it lasts more than sixty days either of us may end the Agreement on written notice without liability.

19. Notices

19.1 To you. We may give you notice by email to the address on your account, by in-app message, or by publishing it in the Service. Notice is treated as given on the day it is sent or published.

19.2 To us. Notices to us, including formal legal notices, must be in writing to support@nomadcheck.app. A notice is not invalid because of how it was sent, provided it was received at that address. Where the Agreement or the law requires notice on a durable medium, email satisfies that. Notice is treated as given on receipt or, for email, on the first business day after it is sent.

19.3 Electronic communications. You agree to receive communications from us electronically, and that agreements, notices, disclosures and other communications provided electronically satisfy any legal requirement that they be in writing.

19.4 Language. The Agreement is concluded in English. Where we provide a translation, the English version prevails in the event of conflict, unless mandatory law provides otherwise.

20. General

20.1 Assignment. You may not assign, novate, transfer, charge, subcontract or otherwise dispose of your rights or obligations under the Agreement without our prior written consent. We may assign, novate or transfer any or all of ours at any time without your consent, including on a merger, acquisition, reorganisation, insolvency or sale of all or substantially all of our assets, provided it does not reduce the guarantees, rights or remedies available to you under the Agreement or the law. If you are a consumer we will notify you of any such transfer, and you may end the Agreement without charge if it materially and adversely affects your position.

20.2 Severability. If any provision is or becomes invalid, illegal or unenforceable, it is treated as modified to the minimum extent needed to make it valid while preserving our original intention as closely as possible; if that is not possible it is treated as deleted. Either way, the rest of the Agreement stays valid and enforceable.

20.3 No waiver. No failure, delay or partial exercise by us of any right, power or remedy waives it or prevents any further exercise of it or of any other. A waiver is effective only if given in writing and signed by our authorised representative, and applies only to the instance identified.

20.4 No partnership or agency. Nothing in the Agreement creates a partnership, joint venture, agency, franchise, employment or fiduciary relationship, and neither of us may bind the other.

20.5 Third-party rights. The Agreement is between you and us alone and, except as this section says, no third party acquires any right under it. We stipulate the benefit of sections 9, 10 and 11 in favour of the Indemnified Parties named in section 11.1, each of whom may rely on and enforce those sections in its own name; we may revoke that stipulation at any time before the third party has declared that it wishes to rely on it.

20.6 Cumulative remedies. Except where stated, the rights and remedies under the Agreement are cumulative and in addition to, not exclusive of, any provided by law.

20.7 Headings and interpretation. Headings are for convenience and do not affect interpretation. “Including” and “in particular” are to be read without limitation. References to a statute include it as amended, extended or re-enacted. The contra proferentem rule of construction does not apply.

20.8 Entire agreement. The Agreement is the entire agreement between us on its subject matter. You confirm that you have not relied on, and have no right or remedy in respect of, any statement, representation, assurance or warranty — innocent or negligent — that is not set out in it. This does not limit or exclude liability for fraud or fraudulent misrepresentation.

20.9 Records. We may keep the Agreement and records of your acceptance electronically, and those records are admissible as evidence of the Agreement and your acceptance of it.

21. Changes to these terms

21.1 We may amend, vary, supplement or replace the Agreement at any time, including to reflect changes in the Service, our business, technology, market conditions or the law.

21.2 Amendments take effect when the amended terms are published in the Service and at nomadcheck.app/terms, and we update the date at the top of this page. Where an amendment is material and adverse to you we will tell you on a durable medium, by email or in-app notification, at least thirty days before it takes effect — unless it has to take effect sooner to comply with the law or address a security or legal risk, in which case we give as much notice as we reasonably can.

21.3 Continuing to use the Service after an amendment takes effect is acceptance of it. If you do not accept it you may stop using the Service, cancel any subscription under section 6.3, and end the Agreement under section 12.1. If you hold a paid subscription and the amendment is material and adverse to you, you may terminate free of charge within thirty days of the later of receiving notice and the amendment taking effect, and we will reimburse the proportionate part of the price paid for the unsupplied period, under section 8.3.1.

22. Contact

NomadCheck, established in the Republic of Bulgaria.

All enquiries — support, complaints, legal notices and data protection: support@nomadcheck.app

Terms: nomadcheck.app/terms · Privacy Policy: nomadcheck.app/privacy

Annex A. Right of withdrawal

Applies to consumers resident in the European Union and the European Economic Area. See section 6.6.

Instructions on withdrawal

Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period expires fourteen days from the day the contract was concluded.

How to withdraw. To exercise the right, tell us — NomadCheck, support@nomadcheck.app — of your decision to withdraw by an unequivocal statement, for example an email. You may use the model form below, but you do not have to. To meet the deadline it is enough to send your communication before the withdrawal period expires.

Effects of withdrawal. If you withdraw, we will reimburse all payments received from you without undue delay and no later than fourteen days from the day we are told of your decision. We will use the same means of payment you used for the original transaction unless you expressly agree otherwise, and you will incur no fees as a result.

Where supply has already begun. If you asked us to begin supply during the withdrawal period, you pay an amount proportionate to what was supplied to you up to the point you told us you were withdrawing, measured against the full coverage of the contract.

Loss of the right. You lose the right of withdrawal for a digital service where performance began with your prior express consent and your acknowledgement that you would thereby lose it, and the contract has been fully performed. Where the service is supplied continuously over a period, full performance does not happen before the end of that period.

Where the Distribution Platform processed the transaction, you may also need to submit your withdrawal or refund request through that platform for reimbursement to be made. We will help you do so on request.

Model withdrawal form

Complete and return this form only if you wish to withdraw from the contract.

• To: NomadCheck — support@nomadcheck.app
• I/We hereby give notice that I/We withdraw from my/our contract for the supply of the following service: ______________________
• Ordered on / received on: ______________
• Name of consumer(s): ______________
• Address of consumer(s): ______________
• Email or account registered to: ______________
• Signature of consumer(s), only if this form is notified on paper: ______________
• Date: ______________