Terms and Conditions

Last Updated: 16/02/2026

1. Acceptance of Terms

By using the Nomsy mobile application (the "App") or our website, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, you must not use the App or website.

These Terms constitute a legally binding agreement between you and Nomsy ("we", "our", or "us"). We operate from Western Australia, Australia.

2. Description of Service

Nomsy consists of a mobile application (the "App") and a website. The App allows you to:

Browse and view baby name information through a card-swiping interface
Save and organise your preferred names
Connect with a partner to view mutual name preferences (when logged in)
Sync your data across multiple devices (when logged in)
Purchase premium name bundles and subscriptions to access additional name collections
Submit feedback and support requests

Our website provides information about the App, including features, how it works, and frequently asked questions. The website is primarily informational and does not provide the core App functionality.

3. Eligibility

You must be at least 16 years of age to use the App and website. By using the App or website, you represent that you meet this age requirement and have the legal capacity to enter into these Terms.

4. User Accounts

4.1 Account Creation

You may use the App without creating an account (guest mode - local use only)
Guest mode allows you to use the App locally, but your data will not sync across devices and you will not have access to partner features or free bundle grants
To enable cloud sync, partner features, and free bundle grants, you must create an account
You are responsible for maintaining the confidentiality of your account credentials

4.2 Account Responsibility

You are responsible for all activities that occur under your account
You must not share your account credentials with any third party

5. Acceptable Use

You agree not to:

Use the App or website for any illegal or unauthorised purpose
Interfere with or disrupt the App, website, or servers connected to them
Attempt to gain unauthorised access to the App, website, or other accounts
Reverse engineer, decompile, or disassemble any part of the App
Attempt to circumvent in-app purchase mechanisms or access premium content without payment
Submit false, misleading, or malicious feedback
Scrape, copy, or reproduce website content without authorisation

6. Partner Connection Feature

The App allows you to connect with another user (your "partner") to view mutual name preferences
You are responsible for the accuracy of any partner user identifier you provide
When you connect with a partner, your liked names will be shared with that partner
You can disconnect from your partner at any time
We are not responsible for any disputes between partners or misuse of shared data

7. In-App Purchases

7.1 Purchase Terms

The App offers premium name bundles and subscription services through in-app purchases
All purchases are processed by Apple App Store (iOS) or Google Play Store (Android)
Prices are displayed in your local currency as determined by the respective app store
You agree to pay all charges associated with your purchases

7.2 One-Time Purchases

One-time purchases grant permanent access to specific name bundles (subject to the App's continued availability)
Purchased bundles are tied to your account (if logged in) or device (if using as guest)
You can restore purchases on new devices if you are logged into the same account

7.3 Subscriptions

Subscriptions provide access to premium content for a specified period as indicated at the time of purchase
Subscription access expires according to the subscription terms displayed at purchase
You are responsible for managing your subscription through your device's app store settings
We do not process refunds for subscriptions; refund requests must be made through Apple App Store or Google Play Store

7.4 Payment Processing

Payment is processed entirely by Apple App Store or Google Play Store
We do not collect or store your payment information
All payment disputes and refund requests must be directed to the respective app store
We are not responsible for payment processing errors or issues

7.5 Purchase Restoration

You can restore previous purchases through the App's "Restore Purchases" feature
Restoration requires you to be logged into the same Apple ID or Google account used for the original purchase
We are not responsible for purchases made under different accounts

7.6 Free Bundle Grants

We may provide free bundle grants to users from time to time
Free bundle grants are provided at our sole discretion
We reserve the right to revoke free bundle grants at any time
Free bundle grants are tied to your account and may not be transferable

8. Intellectual Property

The App and website, including their designs and features, are owned by Nomsy and protected by copyright and other intellectual property laws
You do not acquire any ownership rights by using the App or website
You retain ownership of any data you create or input into the App
Premium content bundles and name collections are protected by intellectual property laws
Website content, including text, images, logos, and design elements, may not be reproduced without our written permission

9. Third-Party Services

The App and website use third-party services including:

Authentication and Cloud Storage Services: For authentication, cloud storage, and backend services (App only). Your use of these services is subject to their terms and conditions and privacy policies.
Website Analytics Services: Our website may use third-party analytics services to understand usage patterns. Your use of our website is subject to these services' privacy policies.
Apple App Store: For iOS in-app purchases (App only). Your use of the App Store is subject to Apple's terms and conditions.
Google Play Store: For Android in-app purchases (App only). Your use of Google Play is subject to Google's terms and conditions.

We are not responsible for the practices of third-party services. Any issues with third-party services should be directed to the respective service provider.

10. Disclaimers

THE APP AND WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. We do not guarantee that:

The App or website will be available at all times
The App or website will be error-free or uninterrupted
Name information provided in the App is accurate, complete, or suitable for your purposes
Website content is current, accurate, or complete
In-app purchases will be available in all regions
Free bundle grants will be available to all users

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE APP OR WEBSITE, INCLUDING BUT NOT LIMITED TO:

Loss of data or preferences
Loss of access to purchased content due to device changes or account issues
Interruptions to service
Issues with third-party payment processors

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law.

12. Refunds and Cancellations

12.1 Refund Policy

Refund requests for in-app purchases must be made through Apple App Store or Google Play Store
We do not process refunds directly
Refund eligibility is determined by Apple's or Google's respective refund policies
We are not responsible for refund decisions made by app stores

12.2 Subscription Cancellation

You can cancel subscriptions at any time through your device's app store settings
Cancellation prevents future charges but does not refund current subscription period
Access to subscription content continues until the current subscription period expires

13. Termination

You may stop using the App or website at any time
You may delete your account through the App's settings (App only)
We may terminate or suspend your access to the App or website if you breach these Terms or engage in fraudulent or illegal activity
Upon termination, you will lose access to cloud-synced data (App only), but local data will remain on your device
Purchased content access may be affected if you delete your account or change devices without restoring purchases (App only)

14. Data and Privacy

Your use of the App and website is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. Please review our Privacy Policy.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms in the App and on our website, and updating the "Last Updated" date. Your continued use of the App or website after changes constitutes acceptance of the updated Terms.

16. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee under the Australian Consumer Law (ACL) that cannot be excluded. If the App or website fails to meet a consumer guarantee under the ACL, you may be entitled to a refund, replacement, or compensation.

17. Governing Law

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Western Australia.

18. Contact Us

If you have any questions about these Terms, please contact us at:

Email: nomsy@vektislabs.com