Terms & Conditions

Last updated: October 17, 2025

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement between Nominal LLC, a company organized under the laws of the state of Wyoming (“Nominal” or “Vendor”), and the client, whether personally or on behalf of an entity (“Client”), regarding access to and use of Nominal’s website: https://nominal.agency/‍ (the “Website”) and/or engagement of Nominal’s design, branding, advertising, copywriting, and other creative services. By accessing the Website or engaging Nominal’s services, Client agrees to comply with all terms, conditions, and obligations contained herein. Failure to agree and adhere to these terms prohibits the Client from using the Website, and the Client must discontinue use immediately. Thereafter, the relationship between Client and Nominal shall cease and be of no further force and effect, except that any obligation of Client to pay Nominal for services rendered shall remain in effect and continue to be an ongoing obligation owed by Client to Nominal.

‍1. Intellectual Property Rights

‍Unless otherwise indicated, the Website is the property of Nominal and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (collectively or individually, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by Nominal and are protected by applicable copyright, trademark, and intellectual property laws. The Content and Marks are provided “As-Is” for your information and personal use only. No part of the Website or Content may be copied, reproduced, republished, uploaded, posted, displayed, or exploited commercially without Nominal’s prior written permission. Nominal reserves all rights not expressly granted in the Website, Content, and Marks.

‍2. Ownership of Materials

Unless otherwise specified, all Submissions remain the property of Nominal, as outlined in Section 4 (“Client Feedback”). The Client shall own all design files and original source materials created for the project (“Projects”) upon full payment. Until payment is received, all rights to the Projects remain with Nominal. If, due to any legal reason, Nominal is deemed the owner of any part of a Project, Nominal agrees to permanently and irrevocably assign all rights to the Client. The Client warrants that all materials provided to Nominal, including logos, images, text, or examples, are either owned by the Client or properly licensed, and do not infringe upon third-party intellectual property rights or rights of publicity. Nominal reserves the right to showcase the Client’s design work publicly (on social media, websites, portfolios) unless restricted by a signed Non-Disclosure Agreement (NDA) or agreed otherwise.

‍3. Third-Party Fonts

In the event that any Project incorporates third-party fonts or assets that require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Nominal will inform Client in writing (on the task management software or email). Client is responsible for purchasing and maintaining the required licenses for the Third-Party Fonts or assets from the rights-holder(s) in order to legally reproduce, distribute, or publicly display the Project. Nominal’s notice will provide sufficient information for Client to identify which licenses are required and who to contact to purchase said licenses. Once Nominal has informed Client of the incorporation of Third-Party Fonts or assets, Client assumes all responsibility for any consequences resulting from a failure to purchase the necessary licenses.

4. Client Responsibilities

Client agrees to provide all necessary materials (e.g., logos, images, content), feedback, and information required for Nominal to deliver services in a timely manner. Client is responsible for securing any third-party rights, including but not limited to font licenses, stock images, plugins, and intellectual property permissions, as outlined in Section 3. Any delays caused by Client’s failure to provide such materials or permissions may affect project timelines and Nominal’s ability to deliver services as scheduled.

In addition, Client acknowledges and agrees to:

Cooperate with Nominal to facilitate the timely delivery of services;
Respond to requests for feedback and approvals promptly to avoid project delays;
Pay invoices according to the agreed payment model outlined in the Contract for Collaboration;
Cover costs for stock images, plugins, or other third-party assets;
Understand that additional services outside the agreed scope may incur extra fees;
Accept that ownership of deliverables transfers only upon final payment;
Pay proportionate fees if a project is canceled mid-way.

Failure to meet these responsibilities may result in delays, additional fees, or the suspension of services, at Nominal’s discretion.

5. User Representations

By using the Website, Client represents and warrants that:

Client has the legal capacity and agrees to comply with these Terms of Use;
Client is not a minor in the jurisdiction of their domicile;
Client will not access the Website through automated or non-human means;
Client will not use the Website for any illegal or unauthorized purpose;
Client’s use of the Website will not violate any applicable law, regulation, or the rights of any third party, including but not limited to intellectual property rights.

6. Prohibited Activities

‍Client shall not access or use the Website for any purpose other than engaging Nominal’s services. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Nominal on behalf of the Client. Further, Client agrees to refrain from the following:

Make any unauthorized use of the Website;
Retrieve data or content to create a competing database or directory;
Circumvent, disable, or interfere with security-related features on the Website;
Engage in unauthorized framing or linking of the Website;
Trick, defraud, or mislead Nominal or other users;
Interfere with, disrupt, or create an undue burden on the Website or Nominal’s networks or servers;
Use the Website in an effort to compete with Nominal;
Reverse engineer, decompile, or disassemble any software comprising or in any way making up a part of the Website;
Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof;
Harass, annoy, intimidate, or threaten any of Nominal’s employees, independent contractors, or agents providing services through the Website;
Remove or alter the copyright or other rights notice from any Content;
Copy or adapt the Website’s software;
Upload or transmit, or attempt to do so, viruses, Trojan horses, or any other harmful material that interferes with the use of the Website or modifies, impairs, disrupts, or interferes with the Website’s operations;
Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism;
Disparage, tarnish, or harm Nominal;
Use the Website in a manner inconsistent with any applicable laws, statutes, or regulations.

‍7. Client Feedback

‍Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of Nominal and Nominal is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Nominal shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Nominal for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

‍8. Management and Oversight

Nominal reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. Nominal further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of Nominal, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of Nominal and shall be designed to protect Nominal’s rights and property.

‍9. Privacy Policy

By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access of the Website from the EU, Asia or other region of the world may result in the applicability of laws, statutes or regulations differing from those of the United States which govern personal data collection, use or disclosure. Client’s continued use of the Website and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. Nominal does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to Nominal without parental consent, Nominal shall delete that information as soon as reasonably practical.

‍10. Operational Terms

Working Hours: Nominal operates Monday–Friday, 8:00 AM–5:00 PM (GMT+2). Requests outside these hours require written agreement.
Project Communication: Communication is via email, video calls, phone, and project management tool. In-person meetings or travel outside the agreed project scope are out-of-scope unless agreed in writing.
Account Management: Project-Based Clients work with a dedicated point of contact. Subscription-Based Clients work with assigned designers under an Account Manager.
Third-Party Vendors: Any management or costs associated with external vendors are billed separately and require prior written approval.

‍11. Refund, Pause, and Termination Policy

Nominal reserves the right to deny refunds at its discretion. Refund requests are assessed on a case-by-case basis. If a refund is approved, a 25% fee may apply to the remaining billable period. All materials produced by Nominal remain the property of the company unless otherwise agreed.

Clients may pause their subscription at any time by contacting Nominal at info@nominal.agency within 48 hours of their desired pause date. Pausing can be done in weekly increments, and any remaining weeks in the Client’s plan will be retained for use upon resumption. However, if a subscription remains paused for more than 6 months (24 weeks), it will be canceled, and any remaining weeks will be terminated.

‍12. Modification

Nominal reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. Nominal reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.

‍13. Connection Interruptions

Nominal does not guarantee that the Website will be available or accessible at all times. Issues with hardware, software, or other factors may result in interruptions, delays, or errors beyond Nominal’s control. Client agrees that Nominal will not be held liable for any loss, damage, or inconvenience caused by the inability to access or use the Website or project management tools during such interruptions.

Nominal will also not be liable for any failure or delay in fulfilling its obligations due to circumstances beyond its reasonable control, including but not limited to natural disasters, governmental actions, acts of terrorism, strikes, fires, floods, epidemics, or disruptions in telecommunications or utilities (collectively, “Force Majeure Events”). In the event of a Force Majeure Event, Nominal will make reasonable efforts to notify the Client and resume services as soon as possible.

‍14. Governing Law

These Terms of Use for the Website shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict of law principles. For services provided by Nominal, the laws of North Macedonia shall apply.

‍15. Litigation

Any legal dispute or claim arising out of or in connection with these Terms shall first be attempted to be resolved amicably through negotiation between the parties. If the dispute cannot be resolved within sixty (60) days, it shall be finally settled by arbitration in Skopje, North Macedonia, in accordance with the UNCITRAL Arbitration Rules, unless both parties agree otherwise. The prevailing party shall be entitled to recover reasonable attorneys’ fees and arbitration costs. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms.

‍16. Disclaimer

The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. Nominal disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Nominal makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and Nominal assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Nominal’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. Nominal does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.

‍17. Limitations of Liability and Indemnification

Nominal provides digital services, including but not limited to design and software services, on an ‘as-is’ basis. Client acknowledges and agrees that Nominal’s liability for any digital services shall be limited to the fees paid by Client for those services. Nominal shall not be liable for any failure of third-party software, hosting providers, or internet service providers that may impact the delivery of the digital services. Any such third-party disruptions are beyond the reasonable control of Nominal, and no compensation or damages shall be claimed for such disruptions.

Additionally, Nominal and its directors, employees, members, independent contractors, or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses arising from Client’s use of the Website or digital services. Client agrees to defend, indemnify, and hold harmless Nominal, its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Client’s use of the Website or digital services; (2) Client’s breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; or (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Nominal reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Nominal hereunder. Client agrees to cooperate with the defense of such claims.

‍18. User Data

Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. Nominal shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against Nominal from any such loss or corruption.

‍19. Electronic communications, transactions and signatures

Client hereby consents to receive electronic communications from Nominal and Client agrees that all agreements, notices, disclosures and other communications sent via email, or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by Nominal or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.

‍20. Showcasing Design Work

Nominal reserves the right to share design work on digital channels including social media, website, etc., as part of its portfolio. Nominal may use Client’s name and project details for marketing purposes unless the Client issues a Non-Disclosure Agreement (NDA) that specifically limits such publicity rights. Should an NDA be in place, Nominal agrees to comply with the agreed-upon terms regarding confidentiality.

‍21. Miscellaneous

‍‍These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Nominal. Failure of Nominal to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between Client and Nominal.

‍22. Contact Information

‍For any questions or complaints regarding the Website, please contact Nominal at: info@nominal.agency