This Public Offer Agreement (the “Offer”) is made between you and ITFin Corp., a legal entity registered in the State of Delaware, USA (EIN: 32-0738522), concerning the provision of services to you. The Company provides the User with access to the Nomi platform (the “Service”) for managing financial, analytical, operational, and accounting business processes. The Service is available at: https://www.hellonomi.com/ (the “Website”).
By accepting this Offer, it becomes a legally binding agreement between you and the Company. You may not access the Website if you do not agree to this Offer.
The Company is not a financial advisor and does not provide accounting services. Information on the Website or any services you receive thereon does not constitute financial, accounting, tax, legal, or any other professional advice.
1.1. This Offer, which is always available on the Website at https://www.hellonomi.com/public-offer, constitutes a proposal by the Company to enter into a legally binding agreement.
1.2. Your creation of a personal Account on the Website (the “Account”) constitutes your acceptance of this Offer.
1.3. This Agreement and your use of the Website are governed by the laws of the United States, unless otherwise expressly stated in the terms of this Offer.
2.1. To start using the Services, you must create an Account. To create an Account, you must provide your email address and create a password.
2.2. You are not required to provide any official information about a legal entity when creating an Account. However, by opening an Account on behalf of a legal entity, you represent and warrant that you are duly authorized to act on its behalf.
2.3. When creating an Account, you must also specify the company name, number of employees, and business sector.
2.4. Upon acceptance of this Offer, you may receive Services (access to the cash flow management tool) on the Website under the terms set forth herein and on other pages of the Website (hereinafter referred to as the “Services”).
2.5. The Services you may receive for managing your legal entity’s cash flow and budgeting include, but are not limited to:
2.5.1. Automated income and expense tracking;
2.5.2. Cash flow monitoring, balance control, and budgeting;
2.5.3. Management of accounts receivable and payable;
2.5.4. Preparation of management financial reports;
2.5.5. Real-time dashboard and financial metrics generation;
2.5.6. Report generation and analytics: cash flow statements, profit and loss statements, debt reports;
2.5.7. Integration with banks and financial institutions, payment providers supported by the Website, and service integrations via API;
2.5.8. Payment calendar view;
2.5.9. AI assistant: real-time recommendations and analytical support.
2.6. The exact scope of the Services is available on the subscription plans page of the Website.
2.7. The Company provides the Services to you through the Website in accordance with the selected subscription plan. The Company reserves the right to change the content and cost of any subscription plan at any time. In such cases, changes will apply to you starting from the next billing cycle.
2.8. The Services do not constitute financial, accounting, tax, legal, or any other type of professional advice. The Company is not responsible for the outcome of your use of the Services.
2.9. The Company reserves the right to modify, supplement, or discontinue any functionality of the Platform without prior approval, with prior or simultaneous notice to the User via publication on the Website.
3.1. After opening an Account, you will have access to certain Services free of charge for 14 days.
3.2. The list of Services available during the free trial period may be changed by the Company.
4.1. The Company may provide the User with access to the Platform's application programming interfaces (API) for the purpose of integration with other services and systems.
4.2. The User is fully responsible for the proper setup, connection, and use of the API, as well as for any consequences of integrating the API with third-party external systems.
4.3. The Company is not responsible for the functionality of third-party services integrated through the API.
4.4. Access to the API may be restricted, suspended, or modified by the Company as needed without prior approval from the User, with notice of such changes provided to the User.
4.5. The User agrees not to access the API without authorization, interfere with the operation of the API, exceed allowable request limits, or use the API in violation of this Offer or applicable law.
5.1. After the Free Trial period ends, the Services are provided on a paid basis.
5.2. Services are provided on a subscription basis. This means you must prepay for the Services in full (100%) according to the selected subscription plan.
5.3. The subscription plans available on the Website are part of this Offer. Notwithstanding the foregoing, they may be changed by the Company unilaterally at any time by posting updated information on the Website. We will notify you of such changes by posting a notice on the Website or by email (where appropriate).
5.4. After a subscription plan is changed, the changes apply to you from the next billing cycle.
5.5. A subscription is considered active from the moment of its payment. The first subscription payment begins the billing period selected by you when placing the subscription order (1 month or 1 year).
5.6. After the billing period ends, the subscription automatically renews for the next billing period of the same duration. You can disable the auto-renewal feature in your Account.
5.7. If the Company is unable to bill you for the subscription, your access to the Services will be temporarily suspended. Your access will be restored as soon as you pay for the Services.
5.8. You may cancel the subscription by disabling the auto-renewal feature in your Account. In this case, you will retain access to the Services until the end of the current billing period.
5.9. The Company does not refund unused portions of subscriptions.
5.10. Refunds are only issued if a technical error resulted in a duplicate charge for the same billing period. To request a refund, please contact us at hello@nomi.tools within 14 days of the erroneous payment. No other refunds are granted.
5.11. Payment for Services is made using the payment methods available on the Website. Payments are processed via a third-party payment provider. This means we do not collect or process your payment information.
6.1. Tax Obligations in Ukraine
6.1.1. If the User is an individual resident of Ukraine, they acknowledge and agree that the Services provided by the Company in electronic form may be subject to value-added tax (VAT) in accordance with Article 208¹ of the Tax Code of Ukraine.
6.1.2. If the Company exceeds the threshold for the total volume of electronic services provided to individuals as established by the Tax Code of Ukraine (UAH 1,000,000 during a calendar year), it undertakes to register as a non-resident VAT payer in Ukraine and fulfill the corresponding tax obligations.
6.1.3. The cost of Services for individuals in Ukraine may include or exclude VAT—depending on the Company’s VAT registration status in Ukraine at the time the agreement is concluded and the invoice is issued.
6.2. Tax Obligations in the European Union (for individuals)
6.2.1. If the User is an individual resident of an EU Member State, they acknowledge and agree that electronic services provided by the Company are subject to value-added tax (VAT) in accordance with EU legislation, specifically Directive 2006/112/EC.
6.2.2. The Company accounts for and pays VAT in EU countries by registering under the Non-Union OSS Scheme for simplified tax administration for non-residents.
6.2.3. The applicable VAT rate is determined according to the tax residency country of the User.
6.2.4. The price of Services displayed to the User at the subscription checkout stage includes VAT according to the applicable rate in the User’s country of residence.
7.1. If you require any assistance while using the Website or the Services, you may contact our Customer Support. This can be done using the contact form or via the following email address: hello@nomi.tools
7.2. A Company representative will respond to you as soon as possible to assist with your inquiry.
8.1. By using the Website and the Services, you agree not to:
8.1.1. violate or assist another person in violating the agreement between us or applicable law;
8.1.2. infringe the intellectual property rights of any party;
8.1.3. use the Website in any manner that may damage, disable, or overload the Website, including but not limited to uploading or otherwise using malicious software;
8.1.4. perform DoS attacks, interfere with or disrupt the operation of any network, equipment, or server connected to or used to provide access to the Website;
8.1.5. attempt to gain unauthorized access to the Website, computer systems, or networks connected to the Website, or extract data not intended for you;
8.1.6. impersonate another user, person, or legal entity, or misrepresent your affiliation with another user, person, or entity, or make any fraudulent, false, deceptive, or misleading statements;
8.1.7. violate any applicable laws while using the Website.
8.2. By granting access to sub-accounts of your Account to other persons, you are responsible for ensuring that they do not violate the agreement between us or applicable laws.
9.1. A breach of the agreement between us entails liability, unless otherwise provided herein.
9.2. To the extent permitted by applicable law, the Company and its affiliates are not liable for:
9.2.1. the accuracy or completeness of the Website or its Content (as defined below);
9.2.2. the accuracy, completeness, or content of any websites linked to the Website (via hyperlinks, banner ads, or otherwise);
9.2.3. property damage of any kind related to the use of the Website;
9.2.4. actions of third parties;
9.2.5. any unauthorized access to or use of the Company's servers and/or any Content, personal or other information and data stored therein, unless such unauthorized access directly results from the Company's conduct;
9.2.6. any interruption or cessation of access to the Website;
9.2.7. any malware transmitted to or from the Website or third-party websites;
9.2.8. any losses or damages of any kind incurred as a result of your use of the Website or Services;
9.2.9. other risks associated with using online platforms and websites.
9.3. To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company and its affiliates from any claims, damages, losses, and expenses (including attorney's fees) arising out of or related to:
9.3.1. your use of the Website and Services;
9.3.2. the Content you use, distribute, or store;
9.3.3. your breach of the agreement between us or applicable law.
9.4. The Company's maximum liability for any claims shall be limited to the amount actually paid by the User in the last 12 months.
10.1. In the event of force majeure (i.e., events of an extraordinary or unavoidable nature) that arise and continue beyond the control of a party and which could not have been foreseen or prevented for objective reasons, if such circumstances hinder the proper performance of a party’s obligations, the term for performance is extended for the duration of such circumstances.
10.2. 'Force majeure' includes wars and other military actions, earthquakes, floods, and other natural disasters, laws and regulations enacted by governmental or local authorities, epidemics and pandemics, failures in power supply or communication systems, or other similar circumstances preventing proper performance of obligations under this Agreement.
11.1. We use the Website and our social media to post content: information, texts, images, video and audio files (the “Content”).
11.2. Like the Services, the Content does not constitute financial, accounting, tax, legal, or any other professional advice, unless explicitly stated otherwise. The Company is not liable for your use of the Content.
11.3. AI-generated Content may contain errors or inaccuracies and should not be relied upon as a substitute for professional advice. You are responsible for verifying any information before relying on it for any purpose.
11.4. All components and Content of the Website, the Website as a whole, and the Company’s social media accounts are the property of the Company and are protected by intellectual property laws.
11.5. You may not use our intellectual property without our express written consent, except where such use is permitted by law.
11.6. The Website may contain links to websites or services not owned or controlled by the Company. The Company is not responsible for the content, privacy policies, or operation of other websites and services. Please review the public documents of those websites and services.
12.1. The terms for collecting, storing, processing, and transferring your personal data by the Company are set out in the Privacy Policy.
12.2. The Privacy Policy is part of this Offer. Please ensure you read it carefully.
12.3. The processing of personal data is carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), as well as the Law of Ukraine “On Personal Data Protection” dated June 1, 2010, No. 2297-VI.
13.1. You and the Company will attempt to resolve any disputes through negotiations.
13.2. Please contact us for such matters using the following email address: hello@nomi.tools
13.3. If we are unable to resolve a dispute within 30 days from the start of negotiations, it will be resolved by a court in the United States.
14.1. This Agreement becomes effective upon your acceptance of the Offer.
14.2. Once an Account is created, the legal agreement offered in this Offer is deemed concluded “as is” and remains in effect until either (i) the Account is active, or (ii) after its deletion, until all obligations under the agreement are fulfilled.
14.3. You may terminate this Agreement by deleting your Account.
14.4. The Company may terminate this Agreement by notifying you via the Website or by email at any time.
15.1. The Company may amend the terms of this Offer at any time. Your continued use of the Website and Services will constitute your agreement to the new terms of the Offer and the new agreement between us. We will inform you of material changes by posting a notice on the Website or by sending you an email (if applicable).
15.2. Any matters not regulated by this Agreement shall be governed by applicable law.
15.3. This Offer, the Privacy Policy, the Newsletter Subscription Consent, the Support Policy, and any other notices and disclaimers on the Website constitute the entire agreement between you and the Company regarding your use of the Services.
15.4. If you have any questions, please contact us at hello@nomi.tools or use the contact information available on the Website.
15.5. This Agreement is governed by and interpreted in accordance with the laws of the State of Delaware, USA.
ITFin Corp.
EIN: 32-0738522
Company address: 717 N Union Street Suite 8, Wilmington DE 19805
Bank name: Citibank N.A., Singapore Branch
Bank address: 3 Changi Business Park Crescent, #07-00 Singapore 486026
Bank code: 7214
Branch code: 001
SWIFT code: CITISGSGXXX
Account number: 87990705099
Beneficiary name: ITFin Corp.
