Nodety Regional Terms

This document is incorporated into and subject to the Nodety Terms of Service at nodety.com/terms. Capitalised terms not defined here have the meaning given in the Terms of Service. Where these Regional Terms conflict with the Terms of Service, these Regional Terms prevail for Users in the applicable jurisdiction.

The following provisions apply to Users in specific jurisdictions and, where applicable, take precedence over conflicting provisions elsewhere in the Terms of Service.

1. European Union and United Kingdom

1.1 Consumer Withdrawal. Consumers in the EU or UK have a statutory right to withdraw from distance contracts within fourteen (14) days without giving reasons. Full withdrawal instructions, including a model withdrawal form, are available at nodety.com/legal/withdrawal. This right may be lost once digital content delivery begins with the consumer's express consent and acknowledgement that the withdrawal right is thereby lost, as provided during checkout. For Balance purchases, see the Consumer Right of Cancellation and Balance Refunds provisions.

1.2 Statutory Rights. Nothing in these Regional Terms or the Terms of Service limits statutory warranty rights, consumer rights, or other mandatory protections under applicable EU or UK law. Where the Terms of Service provide less protection than applicable law, the applicable law prevails.

1.3 Liability. The limitations in the Limitation of Liability provisions do not exclude or limit liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of implied terms as to title; or (iv) any other liability that cannot be limited under applicable law.

1.4 Data Transfers. Where personal data is transferred outside the EU/UK, Nodety ensures appropriate safeguards as described in the Privacy Policy at nodety.com/legal/privacy.

1.5 Cancellation. Users may cancel their Subscription at any time using the cancellation mechanism in their Account settings, which is designed to be as straightforward as the original signup process, in accordance with the Consumer Rights Directive.

EU Data Act Switching Rights

1.6 Scope. These switching-rights provisions apply exclusively to Users who (a) are established in the European Union or European Economic Area, and (b) use the Services in a manner that constitutes a "data processing service" within the meaning of Regulation (EU) 2023/2854 (the "Data Act"). Nodety provides these provisions in good faith based on its current interpretation of the Data Act; this does not constitute a legal determination that the Services fall within the scope of the Data Act, and Nodety reserves the right to update these provisions as regulatory guidance develops. This subsection does not apply to Users on free or trial Plans or to Users established outside the EU/EEA.

1.7 Switching Right. Users within scope may request to switch to a data processing service offered by a different provider or to port their exportable data to the User's own infrastructure by providing written notice to Nodety at info@nodety.com. The notice period required to initiate the switching process shall not exceed two (2) months.

1.8 Transitional Period. Following expiry of the notice period, Nodety shall complete the switching process without undue delay and in any event within thirty (30) calendar days. During this transitional period, Nodety shall (a) provide reasonable assistance to the User and any third parties authorised by the User, (b) act with due care to maintain business continuity and continue the provision of the Services, (c) maintain a high level of security, and (d) provide clear information concerning any known risks to continuity.

1.9 Extension of Transitional Period. Where the thirty (30) calendar day transitional period is technically unfeasible, Nodety shall notify the User within fourteen (14) working days, duly justify the technical unfeasibility, and indicate an alternative transitional period not exceeding seven (7) months. Service continuity shall be ensured throughout any extended transitional period. The User may request to extend the transitional period once for a period the User considers appropriate, provided the contract remains applicable during such extension.

1.10 Exportable Data. Users may export the following: (a) content directly uploaded by the User (such as images, logos, and fonts); (b) Project data created by the User, in Nodety's standard export format; (c) final rendered outputs currently stored in the User's account. The following are excluded from exportable data: (i) Nodety's software, source code, engine, algorithms, application architecture, and proprietary file format specifications, all of which constitute trade secrets; (ii) Templates, Nodety Content, and other assets provided by Nodety or third parties under separate licences; (iii) intermediate processing data, cached files, and system-generated metadata; (iv) derived, aggregated, or anonymised data generated by Nodety from User activity; (v) any data the export of which would compromise security or service integrity. Nodety is not obligated to convert Project data into third-party or open formats, or to disclose proprietary file format specifications. Exportable data shall be provided in Nodety's standard export format as documented at the time of the request; further details are at nodety.com/legal/data-act.

1.11 Data Retrieval Period. Following termination or completion of the switching process, Users shall have thirty (30) calendar days to retrieve their exportable data. Upon expiry of this period, or upon the User's earlier request, Nodety shall delete all exportable data, unless retention is required by applicable law.

1.12 Switching Fees. Nodety shall not charge fees for the switching process or for data export under these provisions, except for charges for additional technical support that goes beyond Nodety's switching obligations. Any such charges shall be limited to the costs directly incurred by Nodety and shall be communicated in advance.

1.13 Termination Upon Switching. Upon successful completion of the switching process, the contract shall be deemed terminated. The User shall remain liable for any fees due, including any proportionate early termination fees.

1.14 Further Information. Information regarding switching procedures, exportable data categories, available formats, and any known technical limitations is published at nodety.com/legal/data-act.

2. Germany

2.1 Consumer Withdrawal (Widerrufsrecht). Consumers have a statutory right to withdraw from distance contracts within fourteen (14) days without giving reasons. Full withdrawal instructions (Widerrufsbelehrung) and a model withdrawal form (Muster-Widerrufsformular) are available at nodety.com/legal/withdrawal. The withdrawal period begins upon conclusion of the contract. To exercise the right of withdrawal, the consumer must inform Nodety of their decision to withdraw by an unequivocal statement (e.g., email to info@nodety.com).

2.2 Material Terms Acknowledgement. Free Plan Data Use, Edu Plan Data Use, Publicity Rights, Feedback, User Content, Indemnification, and Liability constitute material terms. By accepting the Terms of Service, the User expressly acknowledges these provisions.

2.3 Limitation of Liability. The limitations in the Limitation of Liability provisions do not apply to: (i) liability for intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit); (ii) injury to life, body, or health; (iii) liability under the Product Liability Act (Produkthaftungsgesetz); (iv) breach of material contractual obligations (Kardinalpflichten), in which case liability is limited to foreseeable, typically occurring damages; or (v) any mandatory statutory liability.

2.4 Indemnification. The Indemnification provisions apply only to the extent the User is responsible for the relevant breach or violation. They do not apply to claims arising from Nodety's own negligence.

2.5 AGB Compliance. The Terms of Service are intended to comply with §§ 305-310 BGB. Where any provision is held invalid or unenforceable under German law, the remaining provisions remain in effect.

2.6 Limitation Period. The contractual limitation period in the Limitation Period provisions does not apply to consumers in Germany. The statutory limitation periods under German law (§§ 195, 199 BGB) apply instead.

2.7 Auto-Renewal Reminder. In accordance with § 309 Nr. 9 BGB, Nodety will send German Users a reminder by email at least fourteen (14) days before each automatic renewal, informing the User of the upcoming renewal, the renewal date, and how to cancel.

2.8 Cure Period. Notwithstanding the Termination by Nodety provisions, for German consumers, Nodety will provide reasonable notice and an opportunity to cure before termination for breach, except in cases of fraud, illegal activity, or non-payment.

2.9 Balance Expiry. For Users in Germany, Balance does not expire while the User maintains an active Subscription. Upon termination of the Subscription or downgrade to a Free Plan, the twenty-four (24) month expiry period applies, calculated from the date of termination or downgrade. Nodety will send a notification to the User's registered email address at least sixty (60) days and again at least thirty (30) days before any Balance expires.

3. EU Member States — France, Italy, Spain

3.1 Consumer Rights. For consumers in France, Italy, and Spain, the limitations in the Warranty and Limitation of Liability provisions are subject to mandatory consumer protection legislation, including statutory guarantees of conformity and the right of withdrawal. The applicable statutes include: the French Code de la consommation (Articles L. 211-1 et seq. and L. 217-1 et seq.), the Italian Consumer Code (Decreto Legislativo 6 settembre 2005, n. 206, Codice del Consumo), and the Spanish General Law for the Defence of Consumers and Users (Real Decreto Legislativo 1/2007). Mandatory consumer protections under these laws apply as provided by law and cannot be waived.

3.2 Indemnification. The Indemnification provisions apply only to business Users (professionnels / professionisti / profesionales). Consumers are not required to indemnify Nodety.

3.3 Withdrawal Right. Consumers have a fourteen (14) day withdrawal right (droit de rétractation / diritto di recesso / derecho de desistimiento). Full instructions and the withdrawal form are available at nodety.com/legal/withdrawal.

4. United States

4.1 California (CCPA/CPRA). California residents may exercise rights under the California Consumer Privacy Act, including the right to opt out of the "sale" or "sharing" of personal information (if applicable), via the mechanism described in the Privacy Policy.

4.2 Informal Dispute Resolution. Before initiating arbitration, the parties agree to attempt to resolve any dispute informally. A party must send a written notice describing the dispute to the other party (for Nodety: info@nodety.com; for User: the email on file). The parties will attempt to resolve the dispute informally for at least thirty (30) days from the date of the notice. If the dispute is not resolved within this period, either party may proceed to arbitration.

4.3 Arbitration and Class Action Waiver. To the fullest extent permitted by law: (i) any dispute, claim, or controversy arising out of or relating to the Terms of Service or the Application that is not resolved through informal dispute resolution shall be resolved by binding arbitration administered by a recognised arbitration body under its then-current rules, rather than in court; (ii) arbitration shall be conducted on an individual basis — the User waives any right to participate in class actions, class arbitrations, or representative actions; (iii) either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights; (iv) this arbitration agreement does not preclude the User from bringing issues to the attention of governmental agencies; (v) if this arbitration agreement is found unenforceable, the parties agree to exclusive jurisdiction in the courts specified in the Governing Law and Jurisdiction provisions.

4.4 Arbitration Opt-Out. Users may opt out of the arbitration agreement by sending written notice to info@nodety.com within thirty (30) days of first accepting the Terms of Service. The notice must include the User's name, email address associated with the Account, and a clear statement that the User wishes to opt out of arbitration. Users who opt out will resolve disputes in the courts specified in the Governing Law and Jurisdiction provisions. Opting out of arbitration does not affect any other provisions of the Terms of Service.

4.5 Disclaimer. The disclaimers in the Limitation of Liability provisions apply to the fullest extent permitted by applicable state law. Some states do not allow limitation of implied warranties or exclusion of certain damages; in those states, Nodety's liability is limited to the greatest extent permitted by law.

5. Canada

5.1 Consumer Protection. For consumers in provinces with applicable consumer protection legislation (including Quebec, Ontario, and British Columbia), the limitations in the Warranty and Limitation of Liability provisions are subject to mandatory statutory protections that cannot be waived.

5.2 Quebec. For Users in Quebec, this agreement and all related documents have been drafted in English at the express request of the parties. Pour les utilisateurs au Québec, ce contrat et tous les documents connexes ont été rédigés en anglais à la demande expresse des parties.

6. Australia

6.1 Australian Consumer Law. For consumers, the Application comes with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in the Terms of Service excludes, restricts, or modifies any guarantee, right, or remedy conferred by the Australian Consumer Law to the extent that it cannot be excluded, restricted, or modified.

6.2 Limitation. To the extent permitted, Nodety's liability for breach of any non-excludable guarantee is limited to re-supply of the Services or payment of the cost of re-supply.

7. Japan

7.1 Consumer Contract Act. For consumers, the limitations in the Warranty and Limitation of Liability provisions are subject to the Consumer Contract Act (消費者契約法). Provisions that unreasonably disadvantage consumers may be unenforceable to the extent prohibited by law.

7.2 Act on Specified Commercial Transactions. Where applicable, Nodety complies with disclosure and cancellation requirements under the Act on Specified Commercial Transactions (特定商取引に関する法律).

8. Other Jurisdictions

For Users in jurisdictions not specifically addressed in these Regional Terms, where mandatory local consumer protection law provides greater protection than the Terms of Service, such local law shall apply to the extent of the inconsistency. Nothing in the Terms of Service or these Regional Terms shall be construed to limit any non-waivable statutory rights.

Last updated: 20 July 2026