These Conditions of Service (the "Conditions") regulate the contracting and use of the Nod software platform (the "Platform"), provided by WANDA LABS S.L., with NIF B70618970 and address at Plaça Can Portabella 8, 08030, Barcelona ("Nod", "we"), to the natural or legal person who contracts it (the "Client").
By registering, subscribing to a plan or using the Platform you accept these Conditions, as well as the Privacy Policy, the Acceptable Use Policy, the Cancellation and Refund Policy and, when we act as processors, the Processing Agreement, which form part of the contract.
1. Definitions
- Platform: the Nod software, accessible at https://app.thenodai.com, with its functions, updates and documentation.
- Client: who contracts a plan, and the company or professional on whose behalf they act.
- Space: the separate Platform environment assigned to each Client.
- Users: the people to whom the Client gives access to their Space: owner, team members and students or end clients with access to the portal.
- Client Data: all information that the Client or its Users enter, import, upload or receive in their Space, including data from integrations.
- Integrations: connections with third-party services available on the Platform.
- Subaccount: an additional Space created by a Pro Customer for a business they manage.
- Plan: the contracted modality: Starter, Essential or Pro, on a monthly or annual basis.
2. Service aimed at professionals
The Platform is offered to companies and professionals for their business or professional activity. When contracting, you declare that you act in that area, that you are of legal age and that you have legal capacity and, where appropriate, sufficient power to bind the company you represent. The consumer and user regulations do not apply to this relationship, except in those aspects that are mandatory if, despite the above, the contracting party has the legal status of consumer.
3. Registration and account
- To contract, you must provide true and complete information: business name, account address, name and email address of the owner, and keep them updated.
- After payment you will receive an email to set your password.
- You are responsible for maintaining the confidentiality of your account access credentials and those of your Users, and for all activity that occurs in your Space.
- You must immediately notify hello@thenodai.com of any unauthorized use or security incident of which you become aware.
- The account owner is the one who registers the Users, assigns them their role and can withdraw their access.
4. Plans, prices and payment
- The plans, their functions and current prices are published on https://thenodai.com/pricing. At the time of contracting they are: Starter, €149 per month or €1,430.40 per year; Essential, €249 per month or €2,390.40 per year; and Pro, €350 per month or €3,360 per year.
VAT included. - Payment is made in advance, when contracting and at the beginning of each period, by card through Stripe. Nod does not store your full card data.
- There is no free trial period.
- You authorize us to charge the amount of the Plan at each renewal until you cancel.
- The invoice for each charge, issued by WANDA LABS S.L., is consulted in Settings → Plans, through the Stripe portal.
- We can modify prices. The changes will not affect the period already paid and we will notify you at least 30 days in advance before your next renewal. If you do not agree, you can cancel before they are applied.
5. Renewal, change of plan and cancellation
- Renewal: automatic for the same monthly or annual period, unless canceled before renewal. The annual payment is anticipated for twelve months; The equivalent monthly amount does not imply monthly charges.
- Plan upload: is applied upon confirmation of payment of the proportional difference for the remaining time, discounting the time already paid for the previous plan. The renewal date is maintained. No time pending payment is credited nor is that credit converted into cash.
- Plan download: is scheduled for the next renewal. Until then you maintain the contracted functions; does not generate a refund for the current period. We will indicate the limits that you must adjust. We do not automatically delete data that exceeds the new plan: new registrations or affected functions are restricted until use is appropriate.
- Monthly/annual change: is applied in the next renewal, with the price and frequency accepted before confirming. The 20% annual savings applies to the equivalent twelve-month monthly rate.
- Cancellation: you can request it from Settings → Plans or, if you cannot access it, from the owner's email to hello@thenodai.com. It has no penalty and avoids the next renewal; You maintain the service until the end of the period already paid. It does not reimburse itself for the remaining time.
- Before confirming a change, its amount and effective date are reported. Refunds are governed by Cancellation and Refund Policy.
6. Non-payment and suspension
- If a collection fails, the account remains pending payment and we will notify you so you can update your payment method.
- If the subscription ends without payment, the Space is frozen: neither you nor your Users will be able to access it, but no data is deleted. When you resume payment, everything is available again as it was.
- After 90 days of freezing without resuming payment, we may definitively delete the Space and its data in accordance with the Privacy Policy, with at least 15 days' notice by email.
- We may suspend access immediately, in whole or in part, if we detect use contrary to these Conditions or the Acceptable Use Policy, a risk to the security of the Platform or third parties, or if required by an authority. We will notify you unless the law or security prevents it.
7. Acceptable use
You agree to use the Platform in accordance with the law, these Conditions and the Acceptable Use Policy (https://thenodai.com/acceptable-use-policy). You are responsible for the use made by your Users and your Subaccounts.
7 bis. Using voice cloning
You may only clone your own voice or that of another person who has given you express, informed and verifiable authorization for such cloning and its uses. It is prohibited to clone or use the voice of third parties without such authorization, impersonate their identity or generate misleading audios attributing to them statements that they have not made.
The Client must inform the owner of the voice, obtain and retain proof of their explicit consent before providing the recording and attend to its withdrawal. The authorization must cover the creation of the model and the generation of audio by the service provider. The Client is responsible for the material they provide and the use they make of it, without excluding the legal obligations of Nod.
Withdrawal of consent requires you to stop using that voice and request its deletion. Nod may suspend use contrary to these Terms in accordance with the Acceptable Use Policy. These conditions are complemented with the information of the Privacy Policy.
8. Client Data
- Ownership: Customer Data belongs to the Customer. Nod does not acquire any rights to them, except for the limited license necessary to host, process, display and transmit them for the sole purpose of providing the service, maintaining their security and complying with the law.
- Customer Responsibility: the Client guarantees that it has the right to enter and process the Client Data, that it has a valid legal basis for this, that it has informed the interested parties and that it has obtained the necessary consents, in particular to send commercial communications.
- Data protection: with respect to personal data included in the Customer Data, the Customer is the data controller and Nod is the processor. The relationship is regulated in the Processing Commission Agreement (https://thenodai.com/data-processing-agreement),) which the Client accepts by accepting these Conditions.
- Copy of data: during the term of the contract and up to 30 days after its termination, the Customer may request from hello@thenodai.com a copy of its Customer Data in a commonly used structured format.
- Added usage: we may use technical and usage information from the Platform, in aggregate and anonymized form, that does not identify the Client or any person, to maintain and improve the service. We never use Customer Data to train artificial intelligence models.
9. Third Party Integrations
- The Integrations allow you to connect the Platform with third-party services such as Google, Meta, Stripe, Calendly, Cal.com, Fathom, Commas, Resend or Slack. Their use requires the Client to have an account on those services and accept their own terms and policies, which govern their relationship with them.
- Nod does not control and is not responsible for the availability, changes, errors or decisions of those services, including the withdrawal of permissions, changes to their interfaces or the approval or rejection of applications.
- By connecting an Integration, Customer authorizes Nod to access the data and perform the actions described in https://thenodai.com/integrations, on its behalf and solely to provide the applicable functionality.
- Customer may disconnect any Integration at any time.
10. Subaccounts (Pro plan)
- The Pro plan Customer can create Subaccounts for the businesses they manage.
- The Client guarantees that it is authorized by each business to create and manage its Subaccount and to copy the elements of its configuration into it.
- Each Subaccount is subject to these Conditions. Each Subaccount requires and pays for its own subscription; The Pro plan does not include its fees.
- When a Sub-Account pays for its own subscription to Nod through Stripe, the Pro plan Customer managing it receives 50% of the eligible Net Operative base for the first 12 months, under the conditions of section 10 of the Affiliate Program Conditions. Nod AI additional plans always apply 30%, also on managed accounts and sub-accounts, and are calculated separately.
11. Intellectual property
- The Platform, its code, design, brands, documentation and other elements are the property of Nod or its licensors. We grant you a non-exclusive, non-transferable and revocable right of use, limited to the duration of the contract, to use the Platform in your professional activity in accordance with these Conditions.
- You may not copy, modify, decompile, reverse engineer, sublicense, resell or make the Platform available to third parties other than your Users and Subaccounts.
- If you send us suggestions or comments about the Platform, we may use them freely without obligation for compensation.
12. Availability and support
- We endeavor to keep the Platform available on an ongoing basis, but we do not guarantee uninterrupted or error-free operation. There may be interruptions due to maintenance, updates, technical or supplier incidents, which we will try to minimize and, when possible, announce.
- Support is provided by email at hello@thenodai.com with a first indicative response between 48 and 72 hours, which may be longer depending on the complexity or volume of queries. These Terms do not include a service level agreement (SLA), unless agreed in writing.
- We may improve, modify or remove features. If we remove an essential function from your Plan in a significant way, we will notify you with reasonable advance notice and you will be able to cancel with the right to a refund of the proportional part not enjoyed.
13. Scope of functions
The features included in each plan are detailed on the pricing page. Nod AI is an additional plugin to Operations; Its contract does not replace the base subscription.
14. Confidentiality
Each party will maintain the confidentiality of the non-public information of the other party that it accesses in connection with the contract and will only use it to fulfill the contract. This obligation subsists after the termination of the contract.
15. Guarantees
The Platform is provided “as is” and “as available”. To the extent permitted by law, Nod does not guarantee that the Platform will meet the Client's particular needs or that it will allow specific commercial, economic or business results to be obtained. The metrics and indicators displayed by the Platform depend on the available data and those provided by third-party services, and are indicative in nature.
16. Limitation of liability
- Nod will not be responsible for indirect damages, loss of profits, loss of business, customers, income or reputation.
- The total liability of Nod towards the Client for any cause arising from the contract is limited to the amount paid by the Client to Nod in the 12 months prior to the event giving rise to it.
- These limitations do not apply in cases of intent or gross negligence, nor when the law does not allow limitation of liability.
- Nod is not responsible for the content that the Client or its Users publish, the communications they send, the products or services they sell, or the actions of connected third-party services.
17. Indemnity
The Client will hold Nod harmless against third party claims, penalties and expenses, including reasonable attorneys' fees, arising from the breach by the Client, its Users or its Subaccounts of these Conditions, data protection regulations, commercial communications regulations or third party rights.
18. Duration and termination
- The contract begins with the contracting and is maintained for successive periods as long as it is not canceled.
- Customer may terminate by canceling their Plan in accordance with section 5.
- Nod may terminate it with 30 days' notice by email, refunding the proportional part of the period paid and not enjoyed, or immediately if the Client seriously breaches these Conditions.
19. Effects of termination
- Upon termination of the contract, the right to use the Platform ends.
- The Space is kept frozen for 90 days to allow for reactivation or a request for a copy of the data (section 8). Thereafter, the Customer Data is deleted within a maximum period of 30 days, except for those that we must retain by legal obligation, in accordance with the Privacy Policy and the Processing Agreement.
- Sections that by their nature should survive, such as intellectual property, confidentiality, limitation of liability, indemnity or applicable law, will remain in effect.
20. Modification of the Conditions
We may modify these Terms. We will publish the new version with its date and, if the changes are relevant, we will notify you at least 30 days in advance. If you continue using the Platform after its entry into force, they will be deemed accepted. If you do not agree, you can cancel before that date.
21. Communications
Communications between the parties will be made by email: from Nod, to the address of the account owner; from the Client, to hello@thenodai.com.
22. Assignment
The Client cannot assign the contract without authorization from Nod. Nod may transfer it to a company in its group or within the framework of a corporate operation, notifying the Client.
23. Partial nullity
If any clause is declared void, the rest of the Conditions will remain valid.
24. Applicable law and jurisdiction
These Conditions are governed by Spanish law. The parties submit to the Courts and Tribunals of Barcelona, waiving any other jurisdiction, unless the applicable regulations establish another jurisdiction imperatively.
Nod AI plugin · release conditions
The Launch/Growth/Scale catalog of /pricing#nod-ia is the launch catalog, additional to the Operations plan. Additional monthly or annual price with VAT included, fees per business and without accumulation; cloning and voice study are included in Scale. No automatic overage charges. The conditions contemplate cancellation at the end of the period, immediate proportional increase and reduction in renewal. At the end of Operation, the supplement ceases and the Nod AI time paid that exceeds the validity of the base plan is proportionally returned. It does not limit legal rights or refunds due for incorrect charges or non-compliance attributable to Nod. Check the applicable conditions when contracting.
International subscriptions
Your contracting entity is WANDA LABS S.L., established in Spain. The English version does not change the contracting entity or exclude applicable Spanish and European law. The choice of law and jurisdiction in these Terms does not limit any nonwaivable rights under the law applicable to the customer.
Published prices are in euros and include VAT as stated in the offer. The English version does not convert those amounts to U.S. dollars. The total charge and selected billing frequency must be shown before payment. Your payment provider may apply its own currency conversion fees.