Terms of Service

These Terms of Service contain a binding arbitration clause and a class-action waiver that apply to users in the United States (section 28). They limit how you can resolve disputes with us. You can opt out of arbitration within 30 days of first accepting these Terms by emailing [email protected] with the subject line "Arbitration opt-out". They also limit our liability (section 22) and require you to indemnify us in certain situations (section 24). Please read carefully.

Nothing in these Terms limits any mandatory consumer right that you have under your local law.

These Terms of Service ("Terms") form a legally binding contract between you ("you", "your") and:

References to "Némos", "we", "us", or "our" mean Taha Baalla, doing business as Némos.

By downloading, installing, accessing, or using the Némos application, the website at nemosapp.com, or any related service (together, the "Service"), you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference.

If you do not agree, do not download, install, access, or use the Service.

• "App" — the Némos iOS, iPadOS, watchOS, and any future macOS or visionOS application, including its widgets, Live Activities, Share Extension, App Intents, and Apple Watch companion.
• "Service" — the App, the website, and any related online services we operate.
• "Content" — anything you save, create, capture, dictate, transcribe, organise, or share through the Service.
• "Subscription" — a recurring paid plan (Némos Pro) sold through Apple's In-App Purchase system.
• "Apple Devices" — devices running Apple-branded operating systems on which the App is supported.

You must be at least 13 years old to use the Service (16 in the EEA, where the digital-consent age in your country is 16). If you are a minor under the age of majority where you live, you may use the Service only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation and "you" refers to both you individually and the organisation.

You may not use the Service if you are barred from doing so under applicable law (including export-control law, see section 33).

Apple Inc. requires that any custom end-user licence agreement for an App Store app be at least as protective of users as Apple's standard end-user licence. The licence terms in this section comply with that requirement.

• Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable licence to download and use the App on Apple-branded devices that you own or control, for your personal, non-commercial use, as permitted by the Apple App Store Terms and the Apple Media Services Terms.
• The App is licensed, not sold, to you.
• You may use the App on any Apple Devices that you own or control, subject to the Family Sharing rules in effect from time to time on Apple platforms.
• The licence grant in these Terms is the entire grant — no other rights are conveyed by implication, estoppel, or otherwise.

You may not, and you may not permit any third party to:

• Modify, adapt, translate, or create derivative works of the App or its source code;
• Reverse engineer, disassemble, decompile, or otherwise attempt to derive source code, underlying ideas, or algorithms from the App, except to the extent that applicable law expressly forbids such restriction;
• Copy (other than ordinary backup), distribute, sell, lease, sublicense, rent, or transmit the App;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notice;
• Use the App in a manner that violates applicable law, regulation, or any third-party right;
• Use the App to develop a competing product or to benchmark it for the benefit of a competitor;
• Use bots, crawlers, scrapers, or any automated tooling to access or interact with the App other than via documented Apple system APIs (Siri, Shortcuts, App Intents);
• Attempt to bypass any rate limit, paywall, security feature, or licence check;
• Use the App to send malware, spam, or unsolicited communications;
• Use the App to store or transmit any content that infringes the rights of any third party.

Némos uses Sign in with Apple to authenticate you. You are responsible for the security of the Apple ID and device passcode used to access the App, and for all activity that takes place under your account.

You can delete your account from inside the App at any time at Settings → Account → Delete account. Deletion is described in section 16 of the Privacy Policy. Deleting your account does not automatically cancel a paid Subscription — you must cancel through Apple as described in section 11.

You agree not to use the Service to:

• Violate any local, national, or international law (including export-control, sanctions, anti-money-laundering, anti-terrorism, anti-bribery, intellectual-property, and data-protection laws);
• Infringe the intellectual-property, privacy, publicity, or contract rights of any third party;
• Store, transmit, or display content that is unlawful, defamatory, obscene, threatening, harassing, hateful, or that depicts or facilitates the sexual exploitation or abuse of minors;
• Engage in stalking, doxxing, harassment, or threats against any person;
• Attempt to gain unauthorised access to the Service, other users' accounts, or related infrastructure;
• Probe, scan, or test the Service for vulnerabilities except under a written authorisation from us;
• Interfere with, disrupt, overload, or impair the Service;
• Submit content that contains protected health information, government identifiers, or other categories of "sensitive" or "special category" data unless you are personally responsible for it and lawfully entitled to use the App for that purpose;
• Use the App in any safety-critical context where failure of the App could cause death, personal injury, or severe physical or environmental damage.

Failure to comply may result in suspension or termination of your access (see section 25).

You own your Content. Saving Content in Némos does not transfer any ownership rights to us.

You grant us a limited, worldwide, royalty-free, non-exclusive licence to host, store, transmit, display, reformat, and process your Content solely to provide the Service to you — including running on-device AI features, synchronising your library across your Apple devices through your iCloud account, and delivering the items you choose to share via shared folders to the people you invite. This licence terminates when you delete the Content or your account, except where retention is required by law.

You represent and warrant that:

• You own or have the necessary rights, permissions, and consents to save, store, and process your Content using the Service;
• Your Content does not infringe, misappropriate, or violate any third-party right;
• Your Content complies with these Terms and applicable law.

We do not pre-screen, monitor, or moderate Content. We may, but are not required to, remove Content that we believe in good faith violates these Terms or applicable law, or that is the subject of a valid legal request.

The App includes AI features (auto-naming, summarisation, tagging, transcription, retrieval, chat) that combine on-device processing (Apple Foundation Models, Core ML, on-device speech and OCR) and, where required, cloud processing through the partners disclosed in section 6 of the Privacy Policy.

• AI output is generated automatically and may be inaccurate, outdated, biased, or otherwise incorrect. You should independently verify AI-generated content before relying on it.
• You must not use AI output for decisions that require professional judgement (medical, legal, financial, safety, employment, immigration, or similar). The App is not a substitute for a qualified professional.
• You are responsible for the prompts and inputs you submit. You may not submit prompts or content designed to generate unlawful, infringing, or harmful output, or to circumvent provider safety measures.
• We do not, and do not authorise our AI partners to, use your Content to train their models on our behalf.
• Output generated by AI may be similar or identical to output generated for other users. To the extent we have any rights in AI output, you may use it as if it were your own Content, subject to applicable law.

When you share a folder, you choose to make its contents accessible to the people you invite. You are responsible for the contents of folders you share and for managing access. Recipients agree to respect your rights and not to redistribute shared content beyond the intended audience.

Sharing operates over Apple's CloudKit Shared Database. We do not relay or copy the contents of shared folders. We are not responsible for what shared participants do with content you make available to them.

Némos offers free and paid tiers. Paid features ("Némos Pro") are sold as auto-renewing subscriptions through Apple's In-App Purchase system. The following terms are required by Apple's App Store Review Guidelines and apply in addition to Apple's standard subscription terms.

• Subscription title: Némos Pro.
• Subscription length and price: shown in the App on the paywall before you confirm purchase, and again on the App Store confirmation screen. Available subscription durations may include monthly, quarterly, and annual.
• What you get: the Pro features described on the paywall in effect at the time of your purchase, available for the duration of the subscription period.
• Charged through Apple ID: payment is charged to the Apple ID you used to confirm purchase.
• Auto-renewal: your subscription renews automatically at the end of each billing period at the then-current price unless you cancel at least 24 hours before the end of the current period.
• How to manage / cancel: open Settings → [your name] → Subscriptions on your Apple Device, select Némos, and tap Cancel Subscription. Cancellation takes effect at the end of the current billing period; you retain access until then.
• No partial refunds: no refund is given for the unused portion of a current billing period, except where required by applicable law (including the EU Consumer Rights Directive's right of withdrawal where it applies, which may be lost once digital content delivery has begun with your express consent).
• Restore purchases: previous purchases can be restored at any time from Settings → Restore Purchases inside the App.
• Price changes: we may change the subscription price. Where required by Apple, we will notify you of price changes and obtain your consent to continue your subscription at the new price.
• Privacy Policy: nemosapp.com/privacy · Terms of Use: nemosapp.com/terms.

Subscription state is managed through RevenueCat, our subscription provider. We do not see or store your payment-card information; Apple processes payment.

If we offer a free trial:

• The trial converts automatically to a paid Subscription at the end of the trial period unless you cancel before the end of the trial;
• Trial eligibility is determined by Apple and may be limited to one trial per Apple ID or Family Sharing group;
• Unused trial time is forfeited if you upgrade to a paid Subscription early.

Subscription refunds are administered by Apple under their App Store refund policy. We do not directly process refunds.

If you are an EU, UK, EEA, or Moroccan consumer, you may have a statutory right of withdrawal that allows you to cancel within 14 days of purchase. By starting to use Pro features during this period you may consent to the immediate provision of digital content and lose the right of withdrawal — we will surface this in the App where required by law.

Nothing in this section limits any non-waivable refund rights you have as a consumer under applicable law.

The App, the website, and all related materials — including software, design, code, graphics, logos, trademarks, mascots, and audio-visual elements — are owned by Némos (Taha Baalla) or its licensors and are protected by copyright, trademark, trade-secret, and other intellectual-property laws.

"Némos", the Némos logo, the Némos mascot, and other related marks are trademarks of Némos. You may not use them without our prior written permission, except as permitted by fair use / fair dealing under applicable law.

All rights not expressly granted to you in these Terms are reserved.

If you send us suggestions, ideas, or feedback ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use the Feedback for any purpose, including improving the Service, without obligation or compensation to you. You confirm you have the right to grant this licence.

If you believe Content stored or shared through the Service infringes your copyright, send a notice that includes the elements required by 17 U.S.C. § 512(c)(3) to:

Include: (a) a physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and information sufficient to locate it; (d) your contact information; (e) a statement of good-faith belief that use is not authorised; (f) a statement, under penalty of perjury, that the information is accurate and you are authorised to act on the owner's behalf.

Repeat infringers will have their accounts terminated. Counter-notices may be filed under 17 U.S.C. § 512(g). We may forward notices and counter-notices to the parties involved.

The Service integrates with third-party services (including Apple iCloud, CloudKit, Apple Push Notification, Apple Sign-In, RevenueCat, Speechmatics, NVIDIA, OpenRouter, Cloudflare, Resend, Sentry, Google Analytics) and may link to third-party content. These services and websites are governed by their own terms and privacy policies. We are not responsible for them.

The App may be distributed through Apple's TestFlight programme as a pre-release beta before general availability. Beta versions are provided "as is", may contain bugs, may collect additional diagnostic data, may be feature-limited, and may be discontinued at any time. To the maximum extent permitted by law, we provide no warranty for beta versions and accept no liability for any data loss or other harm arising from their use. Apple's TestFlight terms apply to your use of any beta build.

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND QUIET ENJOYMENT, AS WELL AS WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE SERVICE OR ANY CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT AI OUTPUT WILL BE ACCURATE OR COMPLETE.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUPS OF YOUR CONTENT. WE ARE NOT RESPONSIBLE FOR ANY LOSS, CORRUPTION, OR UNAVAILABILITY OF YOUR CONTENT.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Nothing in these Terms excludes any warranty or right that cannot lawfully be excluded.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NÉMOS (INCLUDING TAHA BAALLA INDIVIDUALLY), ITS AGENTS, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID TO US (THROUGH APPLE) FOR THE SERVICE IN THE 12 MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US$50.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, gross negligence, wilful misconduct, death or personal injury caused by negligence, or any non-waivable consumer-protection right.

To the extent permitted by applicable law, any claim arising out of or related to the Service must be filed within one (1) year after the cause of action arose; otherwise, the claim is permanently barred. This limit does not apply where prohibited by your local law.

To the extent permitted by applicable law, you will indemnify, defend, and hold harmless Némos and its agents from and against any third-party claim, loss, liability, damage, cost, or expense (including reasonable legal fees) arising out of or related to:

• Your use or misuse of the Service;
• Your Content or the way you have shared it;
• Your violation of these Terms or any applicable law; or
• Your violation of any third-party right.

We may participate in the defence at our own expense and choose our own counsel. You may not settle any claim that imposes obligations on us without our written consent.

You may stop using the Service and delete your account at any time (see section 8).

We may suspend or terminate your access to the Service, without liability, with or without notice, if we reasonably believe that you have breached these Terms, that your use creates a security or legal risk for us or other users, that we are required to do so by law, or that we are discontinuing the Service. Where we terminate the App generally and a paid Subscription is in force, we will refund the unused portion of any prepaid period that you cannot reasonably use due to the termination, except where the termination is for cause.

Sections that by their nature should survive termination — including sections 10 (limited licence), 11 (AI), 16 (IP), 17 (Feedback), 21–24 (Disclaimers, Liability, Time Limit, Indemnification), 26–30 (Apple terms, governing law, dispute resolution, arbitration, consumer carve-outs), 33–37 (export, language, severability, entire agreement, no waiver), and 38 (survival) — survive termination.

We may modify, suspend, or discontinue any part of the Service at any time. We are not liable to you or any third party for any such modification, suspension, or discontinuance. Where the change materially reduces the functionality of a paid Subscription before its renewal date, we will give you a reasonable opportunity to obtain a pro-rata refund through Apple where required by law.

We may also modify these Terms. When we make material changes, we will:

• Update the "Last updated" and "Effective date" lines at the top of this page;
• Notify you in-App, on the website, or by email at least 30 days before the changes take effect, where reasonably practicable;
• For changes that affect paid Subscriptions, obtain any consent required by Apple's policies.

Your continued use of the Service after the effective date is acceptance of the modified Terms. If you do not agree, stop using the Service before the effective date.

The following terms apply to your use of the App on Apple Devices and are required by Apple. They override any inconsistent provision in these Terms only as between you and Apple.

• Acknowledgement. These Terms are between you and Némos only, not with Apple Inc. Némos is solely responsible for the App and its content.
• Scope of licence. The licence granted to you for the App is a limited, non-transferable licence to use the App on Apple-branded devices that you own or control, subject to the Apple Media Services Terms and the Usage Rules in the App Store Terms.
• Maintenance and support. Némos is solely responsible for any maintenance and support for the App. Apple has no obligation to provide any maintenance and support services.
• Warranty. Némos is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.
• Product claims. Némos is responsible for addressing any user or third-party claims relating to the App or the user's use of the App, including (i) product-liability claims; (ii) claims that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation.
• Intellectual property rights. If a third party claims that the App infringes its intellectual-property rights, Némos (not Apple) is solely responsible for the investigation, defence, settlement, and discharge of that claim.
• Legal compliance. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Developer name and address. Direct any questions, complaints, or claims about the App to [email protected].
• Third-party terms. You must comply with applicable third-party terms when using the App.
• Apple as third-party beneficiary. Apple Inc. and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you.

Subject to section 29 (US users — arbitration) and section 30 (consumer carve-outs), these Terms are governed by the laws of the Kingdom of Morocco, excluding its conflict-of-laws rules. Any dispute, controversy, or claim arising out of or in connection with these Terms or the Service that is not subject to arbitration under section 29 will be submitted to the exclusive jurisdiction of the competent courts of Casablanca, Morocco.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

This section applies if you are a resident of the United States. It requires you to resolve disputes with us through individual arbitration and waives your right to a jury trial and to participate in a class action.

29.1 Informal resolution first

Before filing a claim, you agree to try to resolve the dispute informally for at least 60 days by emailing [email protected] with a description of the claim and the relief you seek.

29.2 Arbitration

If informal resolution fails, you and Némos agree to arbitrate any dispute arising out of or relating to these Terms or the Service (a "Covered Dispute"), except as set out below. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect at the time the demand is filed. Arbitration will take place by video conference, by phone, or, at your option, in your county of residence. The arbitrator's decision is final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

29.3 Exceptions

Either party may bring a claim in small-claims court if it qualifies. Either party may seek temporary injunctive relief in court to protect intellectual-property rights or to enforce confidentiality.

29.4 Class-action waiver

YOU AND NÉMOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. IF THIS WAIVER IS HELD UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM (AND ONLY THAT CLAIM) IS SEVERED FROM THE ARBITRATION AGREEMENT AND MAY BE BROUGHT IN COURT, BUT THE REMAINDER OF THIS ARBITRATION AGREEMENT WILL CONTINUE TO APPLY.

29.5 30-day opt-out

You can opt out of section 29 within 30 days of first accepting these Terms by emailing [email protected] with the subject line "Arbitration opt-out" and including your full name, your country of residence, and the email or Apple ID identifier associated with your account. Opting out does not affect any other section of these Terms.

29.6 Federal Arbitration Act

This section evidences a transaction in interstate commerce, and the U.S. Federal Arbitration Act governs its interpretation and enforcement.

If you are a consumer resident in the European Union, the United Kingdom, the European Economic Area, Switzerland, Morocco, or any other jurisdiction whose mandatory law applies notwithstanding our choice of law:

• Nothing in these Terms — including the choice-of-law clause in section 28 and the arbitration clause in section 29 — deprives you of the protection of mandatory provisions of the law of your country of habitual residence;
• You can bring proceedings against us in the courts of your country of habitual residence, in addition to any other available forum;
• You retain all rights you have as a consumer under applicable law (including the EU Consumer Rights Directive, the UK Consumer Rights Act 2015, Moroccan Law n° 31-08 on consumer protection, and equivalent legislation);
• The European Commission's Online Dispute Resolution platform is available at ec.europa.eu/consumers/odr. We are not obliged to participate in alternative dispute-resolution proceedings before a consumer arbitration panel.

We are not liable for any failure or delay in performing our obligations to the extent caused by an event beyond our reasonable control, including acts of God, war, terrorism, civil unrest, government action, pandemic, fire, flood, earthquake, power or telecommunication failure, internet outage, or denial-of-service attack.

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, succession of the sole proprietorship, or by operation of law, provided that the assignee assumes our obligations under these Terms.

The Service and its component technologies may be subject to export-control and economic-sanctions laws of the United States and other jurisdictions. You represent that you are not on any sanctioned-party list and are not located in a country subject to comprehensive U.S. embargoes (currently, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, Kherson, Luhansk, and Zaporizhzhia regions of Ukraine), and you will not export, re-export, or use the Service in violation of those laws.

We may give you notice through the App, by email, or by posting on the website. You can give us notice by emailing [email protected].

You agree to receive electronic communications from us in connection with these Terms and your use of the Service. Where applicable law permits, electronic communications satisfy any legal requirement that those communications be in writing.

These Terms are drafted in English. We may provide translations for convenience. In the event of any inconsistency between the English version and a translation, the English version controls — except where mandatory law in your country of habitual residence requires reliance on a different language version.

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.

Our failure to enforce any right or provision is not a waiver. Any waiver must be in writing and signed by us.

These Terms, the Privacy Policy, and any policies referenced in the App or on the website are the entire agreement between you and Némos regarding the Service and supersede any prior agreement on the same subject. Where any conflict exists between these Terms and Apple's standard EULA or App Store Terms, the more user-protective provision applies.

The provisions of these Terms that by their nature should survive termination — including sections 10 (limited licence), 11 (AI features), 16 (IP), 17 (Feedback), 21 (Disclaimers), 22 (Limitation of Liability), 23 (Time Limit), 24 (Indemnification), 27 (Apple terms), 28 (Governing Law), 29 (Arbitration, US users), 30 (Consumer Carve-Outs), 33 (Export), and 35–37 (Language, Severability, Entire Agreement) — survive any termination of these Terms or your account.

For questions or notices about these Terms: