Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of the products and services offered by NM Digital Solutions ("Company", "we", "us"), including MyChatAI, InstaMetrics, CommentAI and NotifyAI (collectively, "Services").

By creating an account or using any of our Services, you confirm that you are at least 18 years old, have read and understood these Terms, and agree to be bound by them.

2. Description of Services

NM Digital Solutions provides AI-powered SaaS tools for small businesses, including:

Services are provided on a subscription basis. Features, pricing and availability may vary by plan and may change over time with prior notice.

3. Account Registration

To use our Services you must create an account. You agree to:

• Provide accurate and complete information during registration
• Keep your login credentials confidential
• Notify us immediately of any unauthorised use of your account
• Be responsible for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

4. Acceptable Use

You agree not to use our Services to:

• Send spam, unsolicited messages or bulk communications without recipient consent
• Violate any applicable law or regulation, including LGPD, GDPR and Meta Platform Policies
• Harass, abuse or harm any individual or group
• Distribute malware, viruses or any harmful code
• Attempt to gain unauthorised access to our systems or third-party systems
• Reverse engineer, decompile or attempt to extract the source code of our Services
• Use the Services in a way that violates Meta's WhatsApp Business or Instagram Graph API policies
• Resell or sublicense our Services without express written consent

Violation of this section may result in immediate account suspension without refund.

5. Intellectual Property

All content, code, designs, logos and materials within our Services are the exclusive property of NM Digital Solutions and are protected by applicable intellectual property laws.

You retain ownership of all data you upload or connect to our Services (e.g. your WhatsApp number, Instagram account, business content). By using our Services, you grant us a limited licence to process that data solely to deliver the service to you.

You may not use our brand name, logos or trademarks without prior written permission.

6. Payment & Billing

Paid plans are billed on a recurring basis (monthly or annually) via Stripe. By subscribing, you authorise us to charge your payment method at each renewal period.

• Cancellation: You may cancel at any time. Access continues until the end of the current billing period.
• Refunds: We do not offer refunds for partial periods, except as required by the withdrawal rights described in section 6a and 6b below.
• Price changes: We will notify you at least 15 days before any pricing change takes effect.
• Failed payments: If a payment fails, we will retry and notify you. After 7 days without resolution, the account may be downgraded or suspended.

6a. Right of Withdrawal — EU / Germany (Widerrufsrecht)

If you are a consumer resident in the European Union, you have the right to withdraw from this contract within 14 days without giving any reason, in accordance with Directive 2011/83/EU and §§ 312g, 355 BGB (German Civil Code).

The withdrawal period expires 14 days after the day the contract is concluded. To exercise the right of withdrawal, you must inform us by a clear statement (e.g. by email) at:

NM Digital Solutions
Düsseldorfer Str. 108, 47051 Duisburg, Germany
[email protected]

Note on digital services: By expressly requesting that the service begin before the end of the withdrawal period, you acknowledge that you lose your right of withdrawal once the service has been fully performed. For subscription services, access during the withdrawal period will be charged on a pro-rata basis.

If you withdraw, we will refund all payments received within 14 days using the same payment method as the original transaction.

6b. Right of Withdrawal — Brazil (Direito de Arrependimento)

If you are a consumer resident in Brazil, you have the right to withdraw from this contract within 7 calendar days from the date of subscription, without giving any reason and without penalty, in accordance with Art. 49 of the Brazilian Consumer Protection Code (Lei nº 8.078/1990 — CDC).

To exercise this right, contact us at [email protected] within 7 days of your subscription date. We will issue a full refund within 10 business days.

7. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access to our Services. Scheduled maintenance, third-party outages (Meta API, Supabase, Railway) or events beyond our control may cause temporary unavailability.

We are not liable for losses arising from service interruptions caused by third-party providers.

8. Limitation of Liability

To the maximum extent permitted by applicable law, NM Digital Solutions shall not be liable for:

• Indirect, incidental, special or consequential damages
• Loss of profits, revenue, data or business opportunities
• Damages resulting from your use or inability to use the Services
• Actions or omissions of third-party providers (Meta, Stripe, Supabase, etc.)

Our total liability for any claim arising from these Terms shall not exceed the amount paid by you to NM Digital Solutions in the 3 months preceding the claim.

The Services are provided "as is" and "as available" without warranties of any kind, express or implied.

9. Termination

Either party may terminate the service relationship at any time.

We may suspend or terminate your account immediately and without notice if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activity
• Fail to pay outstanding fees after reasonable notice

Upon termination, your access to the Services will cease. Data will be deleted in accordance with our Privacy Policy.

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by email with at least 15 days notice before taking effect.

Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

11. Governing Law

These Terms are governed by the laws of Brazil. For users located in the European Union, mandatory consumer protection provisions of the applicable Member State law also apply.

Any disputes shall be resolved in the competent courts of Brazil, unless otherwise required by mandatory local law.

12. Contact & Legal Notice

For questions about these Terms, contact us at:

Full legal notice as required by German law (§ 5 TMG) is available at nm-ds.com/impressum.