Last updated: April 26th, 2022
Welcome to Noloco. This Terms of Service (the “Terms”) covers the services provided by Noloco Limited trading as Noloco (“Noloco”, “we”, “us” or “our”). Noloco is incorporated in Ireland with company registration number 685318 and having its registered address at 77 Camden Street Lower, Dublin 2, D02 XE80, Ireland.
These Terms are a legal agreement between you (“Licensee” or “you” and its derivatives) and Noloco. The agreement consisting of these Terms and other documentation referred to in these Terms ("Agreement") shall govern your use of the Noloco service (“Service”) that enables users (the “User” or “Project Owner”) to build web applications and websites (collectively, a “Project”) that can be made accessible for use by your team, organisation or third-party customers, partners or visitors (“End Users”). This Agreement governs your use of any products and services provided by Noloco including the website at https://noloco.io, (the “Site”) and your access to and use of our Project building, hosting, and management platform (the “Platform”). By entering into a transaction on the Site or Platform, you agree to be bound by the terms and conditions set out below (the “Contract”).
These Terms do not apply to any third party websites, services and applications (“Third Party Services”) that you may access through the Platform, such as payment processors or messaging applications. We are not responsible for the content or practices of Third Party Services and provide links to Third Party Services only for the convenience of our users. We encourage you to carefully review the terms of service of any Third Party Service you access through the Platform.
If you have any question relating to the Terms before you enter into a transaction, please contact email@example.com. If you do not wish to be bound by this Contract, do not use, access or register with the Service.
Subject to these Terms, Noloco grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to access and use the functionality of the Platform to build, host and manage Projects. The license granted here includes the right to access, use, and make a reasonable number of copies of any written descriptions of the functionality, technical requirements, or use of the Platform (collectively, “Documentation”), and to use any changes to the Platform made available to all Noloco Users at no additional cost (each, an “Update”) when each Update is made available. Such updates are applied automatically to the Platform.
Except as explicitly permitted in these Terms, you may not, directly or indirectly: (i) modify or create derivative works of the Platform; (ii) decompile or reverse engineer the Platform; (iii) rent, lease, share, distribute, or sell the Platform to any third party; (iv) remove, alter or deface proprietary notices in the Platform or Documentation; (v) interfere with the Platform’s operation; (vi) use the Platform to violate the law or the rights of any third party; or (ix) attempt to do any of the foregoing.
Noloco reserves the right to terminate the Agreement upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format.
Noloco only provides the Service for the purpose of enabling the Project Owner to build the Project. Noloco does not operate the Project in any way and does not assume any responsibility or liability for any business, transactions and activities carried out in the Project. The Project may not be used for business, transactions and activities that are illegal. Furthermore, you agree not to use the Service in any other way that harms or may harm the reputation of Noloco, or which may endanger the provision of the Service to other parties. Such activities include, but are not limited to, any unauthorised load testing, security testing or any other use of the Service that causes an unreasonable load on the resources used by Noloco to provide the Service.
If you design, operate, or maintain Projects for third parties on a commercial basis, you may create an Account under our Expert Plan, (an “Expert Account”). When operating an Expert Account, you may not use it to create your own Projects. Once you create a Project for the third party, your customer must establish their own Account with us at the proper subscription level prior to making it available to End Users.
Fees may be applicable to the use of the Service for which you will need an active and fully paid for Subscription (“Subscription”) over the Term (“Term”) of your use of the Service from Account creation to termination. Where a free trial period (“Trial”) is offered after Account creation, Noloco will temporarily waive the requirement for a paid Subscription for use of the Service. You will be informed via the Platform prior to the end of your Trial period about the requirement to upgrade to a paid Subscription.
Noloco reserves the right to change its price lists. Noloco shall notify existing Users of a change in the fees charged for the Service at least thirty (30) days in advance. Should you wish not to accept such change in fees, you may terminate this Agreement in accordance with the terms below.
Unless separately agreed otherwise, any fees shall be charged monthly in advance for monthly subscriptions and yearly in advance for annual subscriptions. For invoices sent separately, the payment term is fourteen (14) days from the date of the invoice. Noloco reserves the right to suspend the provision of the Service due to any payments that remain unpaid after fourteen (14) days from the payment date of the invoice until such due amounts have been paid in full.
All listed fees and any amounts payable are net amounts exclusive of possibly applicable VAT, sales tax, or any other applicable taxes and charges imposed by any government entity in connection with your use of the Service. You are solely liable for any such taxes and charges.
Noloco will use commercially reasonable efforts to make the Platform available at all times, except for scheduled downtime and any unavailability caused by events beyond our reasonable control, such as fires, natural disasters, government actions, civil unrest, Internet service provider failures or delays, or denial of service attacks that would not be stopped by the use of standard security measures.
Noloco will provide all Updates to the Platform applicable to your Account as and when they become available. Online documentation, community forums and video tutorials are available at all times to all Users. In addition, live chat support is available for those customers on specific Subscriptions (see our Pricing page for more information).
The Agreement is valid until terminated by either party in accordance with the following:
(i.) Any offerings or parts of the Service provided to you free of charge may be terminated by you at any time by informing Noloco of such termination in writing;
(ii.) Any offerings subject to fees may be terminated by you by informing Noloco of such termination in writing at least three (3) days prior to the end of the current invoicing period;
(iii.) No refund of fees for the current invoicing period will be offered upon termination by you of the Agreement;
(iv.) Noloco may terminate this Agreement and any and all Services provided under this Agreement for convenience and without any liability at any time by a thirty (30) days' written notice.
Either Party may terminate this Agreement for cause by a written notice to the other Party, in case such other Party is in material breach of this Agreement and has not remedied such breach within thirty (30) days of the receipt of a written notice detailing such breach.
Upon the termination of this Agreement for any reason:
(i.) your right to use the Service shall cease immediately;
(ii.) Noloco shall have the right to remove the Project(s) associated with your Account from the Platform;
(iii.) Noloco shall keep any material provided by you or the End Users of the Project to the Service for a period of thirty (30) days, during which time you may request that Noloco makes such material available to you. After such thirty (30) days' period, Noloco shall have the right to delete such material without any liability. Noloco shall have the right to invoice you any reasonable expenses incurred by Noloco as a result of making the material available to you.
Aside from the limited license granted to you, Noloco retains all right, title and interest in and to the Platform, Documentation, and all Updates.
You are responsible for all text, images, photographs, or other materials provided or uploaded by you or End Users associated with your Account to the Platform or Project (“Direct User Content”). Direct User Content includes all content of Projects, the design and workflow of a Project, all data generated by or submitted to a Project (including information relating to End Users) and any comments, reviews, responses or other information posted in any user forums or the equivalent.
You retain all right, title, and interest in and to your Direct User Content. You agree that you are solely responsible for all content, operation and management of any Project or other Direct User Content to which you have access and you agree to indemnify Noloco for any claims, damages, costs and liabilities arising from such Project or Direct User Content.
By posting, displaying, sharing or distributing Direct User Content on or through the Platform, you grant Noloco, its affiliates, and any applicable Third Party Services a nonexclusive license to use such Direct User Content during the Term solely for the purpose of operating the Platform and providing related services. Noloco is acquiring no rights in the Direct User Content except for the limited license set forth above.
For each piece of Direct User Content that you submit, you represent and warrant that you have the right to submit the Direct User Content to the Platform and that the Direct User Content does not infringe, violate or misappropriate any third party’s rights, including any copyrights, trademarks or other intellectual property rights and privacy rights; and the Direct User Content complies with these Terms and all applicable laws.
Noloco owns all data regarding installation, registration, and use of the Platform, and related to Platform performance, including response times, load averages, usage statistics, and activity logs, (collectively, “Usage Information”). Usage Information includes information about Projects. Usage Information does not include any personally identifiable information or information relating to End Users, but may include aggregated information derived from Direct User Content. Usage Information is used to contribute to analytical models used by Noloco, to monitor and improve the Platform, and to perform Noloco’s obligations under this Agreement.
Any and all intellectual property rights to the Service remain the sole and exclusive property of Noloco or third parties. Subject to any fees agreed to be paid for the Service, you are granted, for the duration of this Agreement, a non-exclusive, limited, non-transferable, non-sublicensable right to use the Service for the sole purpose of building and setting up your Project.
Any and all intellectual property rights to any material you have provided to the Project shall remain your sole and exclusive property. You grant Noloco a perpetual, irrevocable, royalty-free, non-exclusive, sublicensable and transferable license to use, copy, reproduce, modify, make available and distribute such material for the purpose of making available the Service.
Any and all intellectual property rights to any material provided by End Users of the Project shall remain the property of such end users or third parties. You may, at any time during the term of this Agreement, request that Noloco provides you with a copy of the material provided by you or by the end-users of the Website. Such material shall be provided by making it available to you in a reasonable manner separately agreed by you and Noloco. Noloco shall have the right to invoice you any reasonable expenses incurred by Noloco as a result of making the material available to you.
All the materials on Noloco’s Site are provided "as is". Noloco makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, Noloco does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.
Noloco or its suppliers will not be held accountable for any damages that will arise with the use or inability to use the materials on Noloco’s Website, even if Noloco or an authorised representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.
The materials appearing on Noloco’s Website may include technical, typographical, or photographic errors. Noloco will not promise that any of the materials in this Website are accurate, complete, or current. Noloco may change the materials contained on its Website at any time without notice. Noloco does not make any commitment to update the materials.
Noloco has not reviewed all of the sites linked to its Site and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by Noloco of the site. The use of any linked website is at the user’s own risk.
Noloco may revise these Terms at any time without prior notice. When we do so, we will make a new copy of the Terms available on this page. Any changes to the Terms will be effective immediately for new users and five (5) days after notice of such changes is posted on the Site for existing users. By using the Site or Platform, you are agreeing to be bound by the current version of these Terms of Service.
Any claim related to Noloco's Website shall be governed by the laws of Ireland without regards to its conflict of law provisions.