Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you and AnkleBreaker Consulting, a French société par actions simplifiée registered with the Versailles Trade and Companies Register under number 912 705 860 (“AnkleBreaker”, “we”, “us”), governing your access to and use of the Nodary application, websites and related services (together, the “Service”).

By creating an account, accessing or using the Service, you accept these Terms. If you use the Service on behalf of an organisation, you represent that you are authorised to bind that organisation, and “you” refers to that organisation. If you do not agree, do not use the Service.

Nodary is a collaborative, AI-native workspace for the documents behind a project: you write connected documents and diagrams, link them into a “constellation”, and work with an assistant that can read, draft and edit that content at your request.

We may add, change or remove features, and we continuously improve the Service. We will not materially reduce the core functionality of a paid plan during a paid term without notice.

You must be at least 16 years old, or the age of digital consent in your country, to use the Service. You are responsible for the accuracy of your registration details, for keeping your credentials confidential, and for all activity under your account.

You must verify your email address. We offer optional two-factor authentication and strongly recommend enabling it. Notify us promptly at support@nodary.ai of any unauthorised use of your account.

The Service is organised into workspaces. The owner of a workspace controls its membership, roles (owner, admin, editor, viewer, guest), billing and settings, and is responsible for the conduct of the members they invite and for configuring access appropriately.

Members may be granted or removed access at any time by an owner or admin. If you are invited to a workspace, the owner of that workspace controls the content within it and acts as the data controller for the personal data it contains, as described in our Data Processing Addendum.

Paid plans are sold on a subscription basis and billed through our payment processor, Stripe. By subscribing you authorise recurring charges to your payment method for the applicable fees until you cancel.

Trials

We may offer a free trial. Unless you cancel before the trial ends, your subscription begins automatically and your payment method is charged. Trials include a limited allowance of AI usage.

Seats

Team plans are priced per seat. When you add seats mid-cycle, the additional seats are charged immediately on a prorated basis and renew in full on your next billing date. When you remove seats, the change takes effect for the following billing period; removing a seat does not generate a credit or refund for the current period.

AI usage (“Comets”)

AI features consume Comets, the unit of AI usage in Nodary. Each plan includes an allowance; additional Comets may be purchased in packs, and a workspace may opt in to automatic top-ups. Comets are a usage measure, are consumed when AI features are used, and are non-refundable except where required by law.

Taxes, non-payment and changes

Fees are exclusive of taxes, which are added where applicable. If a payment fails, we may suspend or lock the workspace until the balance is settled; workspaces that remain unpaid for an extended period may be deleted, as described in section 12. We may change prices on renewal with reasonable prior notice.

You agree not to use the Service to:

• break the law, infringe intellectual property, or violate the privacy or rights of others;
• upload malware, attempt to gain unauthorised access, probe or circumvent security, or disrupt the Service or its infrastructure;
• reverse engineer, scrape, resell or build a competing service from the Service, except to the extent this restriction is prohibited by law;
• send unlawful, harassing, hateful, deceptive or harmful content, or content that sexually exploits minors;
• attempt to extract another customer’s data, exceed documented rate limits, or use automated means to abuse AI features or our payment flows;
• misuse the AI assistant to generate content that is illegal or that violates the acceptable-use policies of our underlying model providers.

We may investigate suspected violations and take appropriate action, including removing content, throttling, suspending or terminating access.

You retain all rights to the documents, diagrams, files and other materials you create or upload (“Your Content”). We claim no ownership of Your Content.

You grant us a limited, worldwide, non-exclusive licence to host, store, reproduce, transmit, display and process Your Content solely as necessary to operate, secure, maintain and improve the Service, to provide AI features you invoke, and as instructed by you. This licence ends when Your Content is deleted, subject to routine backup retention.

You are responsible for Your Content and for having the rights and permissions necessary to use it with the Service. We do not use Your Content to train foundation models.

The Service uses third-party foundation models (provided through Amazon Web Services) to power its assistant. When you invoke an AI feature, the relevant content is sent to that provider to generate a response.

AI output can be inaccurate, incomplete or unsuitable for your purpose. It is provided as assistance, not as professional, legal, financial, medical or other advice. You are responsible for reviewing AI output before relying on it, and you remain responsible for any decision you make using it.

We log AI prompts and minimal metadata for security, abuse-prevention, billing and workspace-administration purposes, as described in our Privacy Policy.

The Service, including its software, design, branding and documentation, is owned by AnkleBreaker and protected by intellectual property law. We grant you a limited, revocable, non-exclusive, non-transferable right to use the Service in accordance with these Terms. All rights not expressly granted are reserved. If you send us feedback or suggestions, we may use them without restriction or obligation to you.

The Service relies on third parties (for example Stripe for payments and Amazon Web Services for hosting and AI). Your use of features that depend on a third party may also be subject to that party’s terms. We are not responsible for third-party services we do not control. Optional integrations you connect are used at your direction and risk.

You may stop using the Service and cancel a subscription at any time from your billing settings; cancellation takes effect at the end of the current billing period. An owner may delete a workspace, which permanently removes its content.

We may suspend or terminate access immediately if you materially breach these Terms, fail to pay, or create risk or legal exposure for us or other users. Where a workspace is locked for non-payment, access is restored once the balance is settled; a workspace that remains unpaid for four consecutive months may be permanently deleted, together with its content.

You can export your documents at any time while your account is active. After termination, we delete or anonymise your data in accordance with our Privacy Policy, subject to routine backup cycles and legal retention obligations.

The Service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties not expressly stated, including fitness for a particular purpose, non-infringement, and that the Service will be uninterrupted, error-free or secure. This clause does not exclude warranties that cannot be excluded under applicable law, including the legal guarantees available to consumers under French law.

To the fullest extent permitted by law, AnkleBreaker shall not be liable for any indirect or consequential loss, loss of profit, revenue, data, or goodwill arising from your use of, or inability to use, the Service.

Our total aggregate liability arising out of or relating to the Service shall not exceed the greater of the amounts you paid to us for the Service in the twelve months preceding the event giving rise to the claim, or €100. Nothing in these Terms excludes or limits liability for fraud, gross negligence, wilful misconduct, death or personal injury, or any liability that cannot be excluded under applicable law.

Where you use the Service as a business, you agree to indemnify and hold harmless AnkleBreaker from third-party claims, damages and reasonable costs arising from Your Content or from your use of the Service in breach of these Terms or of applicable law.

We may update these Terms from time to time. If a change is material, we will give reasonable notice (for example by email or in-app). Changes take effect on the stated date; continuing to use the Service after that date constitutes acceptance. If you do not accept a change, you may stop using the Service and cancel.

These Terms are governed by French law. The parties will seek an amicable resolution of any dispute before bringing proceedings.

For business users, any dispute shall be submitted to the exclusive jurisdiction of the competent courts of Versailles, France. If you are a consumer, you keep the benefit of the mandatory protective rules of your country of residence, and you may also use the European Commission’s online dispute resolution platform.

Questions about these Terms can be sent to AnkleBreaker Consulting, 34 rue du Président Wilson, 78230 Le Pecq, France, or support@nodary.ai.