Version 1.0-draft ยท Effective 1st Oct 2026
1. Who These Terms Are For
These terms are an agreement between NOMYO LLC, 2810 N Church St, PMB 947236 Wilmington, DE 19802-4447 USA, (“NOMYO”) and the business entity that accepts them (“Customer”). NOMYO’s services are offered to businesses and are not intended for consumers. By creating an account, accepting these terms at checkout, or using a NOMYO service, Customer agrees to these terms, the Data Processing Addendum, and the Data Handling Commitments, each of which is incorporated by reference.
A customer that has signed a Master Services Agreement with NOMYO is governed by that agreement, and these terms apply only to the extent the Master Services Agreement says so.
2. Services
NOMYO provides the following products, each described in Section 3 of the Data Handling Commitments except professional services, which is performed under a Master Services Agreement or an order form. Customer’s account or order form states which products it covers.
- Encrypted Inference: access through the nomyo SDK at api.nomyo.ai to AI models hosted by NOMYO in Germany, with end-to-end encryption of prompts and responses, in three security tiers. Served by NOMYO-hosted models only.
- Assistant: the conversational service at chat.nomyo.ai, in a local configuration that uses only NOMYO-hosted models, or a remote configuration that also offers third-party models.
- Chat Router: a text API at chat.nomyo.ai/api to the same models as the Assistant, without conversation storage.
- nomyo-router: an open-source Python package for running an inference router, operated by Customer on its own infrastructure.
- aissurance: the EU AI Act compliance service at aissurance.eu.
- Professional services: custom development and consulting, provided under a Master Services Agreement or order form.
The features, models, and limits of each product are as published on NOMYO’s website at the time of use.
3. Customer Content and Data
3.1 Customer retains all rights in the content it submits to a NOMYO service and in the outputs the service returns. NOMYO claims no ownership of either.
3.2 NOMYO does not use Customer’s content, outputs, or conversations to train, fine-tune, evaluate, or improve any model, on any tier, free or paid.
3.3 NOMYO handles Customer’s data as set out in the Data Handling Commitments, product by product. Under Encrypted Inference, NOMYO cannot read, retain, recover, or disclose Customer’s content, as described in Section 4 of the Commitments. What NOMYO does retain is listed exhaustively in Section 10 of the Commitments.
3.4 Personal data that NOMYO processes on Customer’s behalf is governed by the Data Processing Addendum. On matters of data protection, the Data Processing Addendum prevails over these terms.
3.5 Customer is responsible for the content it submits, for having the rights and legal basis to submit it, and for meeting the customer responsibilities in Section 4.5 of the Commitments when using Encrypted Inference.
4. Acceptable Use
Customer must not use a NOMYO service to:
- violate any applicable law;
- generate content that promotes self-harm or violence;
- repurpose AI output to cause harm;
- circumvent or disable safety safeguards built into the models or services;
- interfere with the operation or security of the services, or access them other than through the interfaces NOMYO provides.
Because NOMYO cannot read content submitted under Encrypted Inference, it enforces this section through Service Metadata, safeguards built into the models, and reports from third parties. Customer is responsible for its content.
5. Intellectual Property
5.1 NOMYO retains all rights in its platform, software, models, and technology. Access to a service does not transfer any intellectual property right.
5.2 Customer may not reverse engineer, decompile, or attempt to extract the source code of any NOMYO software, except as permitted by the licence of an open-source component or by law that cannot be excluded.
5.3 The nomyo SDK and nomyo-router are licensed under their respective open-source licences, which govern Customer’s use of that code.
6. Accounts, Subscriptions, and Fees
6.1 Customer is responsible for keeping its account credentials and API keys secure and for all activity under its account.
6.2 One account per organisation unless NOMYO agrees otherwise.
6.3 Fees are as published on NOMYO’s website or stated in an order form. Subscriptions renew automatically for successive periods of the same length unless cancelled before the renewal date. [Fees are non-refundable except as these terms or the law require.]
6.4 NOMYO may change published fees on at least [30] days’ notice; changes take effect at the next renewal.
7. Term, Suspension, and Termination
7.1 These terms apply for as long as Customer has an account or uses a service.
7.2 Customer may cancel at any time through its account or by written notice; cancellation takes effect at the end of the current subscription period.
7.3 NOMYO may suspend or terminate an account that violates Section 4, fails to pay, or presents a security risk to the services. NOMYO will give notice where practicable.
7.4 On termination, NOMYO deletes Customer’s data within the periods set out in Section 14 of the Data Handling Commitments. Customer may export its data before then using the functions the services provide.
8. Warranties and Disclaimers
8.1 NOMYO warrants that it will provide the services with reasonable skill and care and in accordance with the Data Handling Commitments.
8.2 AI outputs may be inaccurate, incomplete, or unsuitable for a given purpose. Customer is responsible for evaluating outputs before relying on them, and for any decision it makes based on them.
8.3 Except as stated in this section, the services are provided as is, and NOMYO disclaims all other warranties, express or implied, to the fullest extent the law allows.
9. Limitation of Liability
9.1 NOMYO’s total liability arising out of or in connection with these terms is limited to the amount Customer has paid for the services in the twelve months preceding the claim, or $100, whichever is greater.
9.2 Neither party is liable for indirect, consequential, or special damages, or for loss of profits, revenue, or data, except where the law does not allow that exclusion.
9.3 Nothing in these terms limits liability for fraud, wilful misconduct, or any liability that cannot be limited by law. Liability under the Data Processing Addendum is as stated there.
10. Governing Law and Disputes
10.1 These terms are governed by the laws of the State of New York, without regard to its conflict-of-law rules.
10.2 Any dispute arising out of or in connection with these terms will be resolved by binding arbitration administered by NOMYO LLC under its rules, seated in New York, New York, except that either party may seek injunctive relief in any court of competent jurisdiction.
10.3 If Customer is established in a jurisdiction whose mandatory law grants it protections that cannot be excluded by contract, those protections apply notwithstanding Sections 10.1 and 10.2. Matters governed by the Data Processing Addendum are subject to its own governing-law provision.
11. Changes to These Terms
NOMYO may update these terms. Material changes take effect 30 days after NOMYO posts the new version and notifies Customer’s registered contact; other changes take effect on posting. Continued use after the effective date is acceptance. Prior versions are archived and remain available.
12. Related Documents
13. Contact
For questions about these terms, contact ichi@nomyo.ai.
Version History
| Version | Effective | Change |
|---|---|---|
| 1.0 | 1st Oct 2026 | Restructured; incorporated Data Processing Addendum and Data Handling Commitments; removed training carve-outs |