Terms of Service

These Terms of Service (the Terms) form a binding agreement between you and Nose Labs, Inc., 2261 Market Street, Suite 5150, San Francisco, CA 94114, USA (we, us). They cover the Nose mobile application, this website and any related services (together, the Service).

By creating an account or using the Service you accept these Terms and our Privacy Policy. If you do not accept them, do not use the Service.

You must be at least 13 years old, and at least 16 if you are in the European Economic Area or the United Kingdom. If you are under the age of majority where you live, you may only use the Service with the involvement of a parent or guardian, who accepts these Terms on your behalf.

You may not use the Service if you are barred from doing so under the laws that apply to you, including applicable sanctions and export control laws.

• Register with accurate information and keep it current. Your account is verified against a phone number you control.
• Keep your device and account secure. You are responsible for activity that happens through your account unless it results from our failure.
• Tell us promptly at support@nose.app if you believe your account has been compromised.
• Accounts are personal. Do not sell, rent or transfer your account. Family plan seats are for members of one household.

Plans and prices

Nose offers a free plan and paid plans — Plus, Family and Pro — available monthly or annually. Current prices are shown on our pricing page and in the app before you buy. Prices are in US dollars unless the App Store shows your local currency, and exclude taxes unless stated.

How you are billed

• Subscriptions are sold through the Apple App Store and charged to your Apple account at confirmation of purchase.
• Subscriptions renew automatically for the same period at the then-current price unless you cancel at least 24 hours before the end of the current period. Your Apple account is charged for renewal within 24 hours before the period ends.
• Manage or cancel a subscription in iPhone Settings → your name → Subscriptions. Cancelling stops the next renewal; you keep paid features until the period you have already paid for ends.
• Deleting the app does not cancel a subscription. Cancel it in Settings.

Refunds and price changes

Refunds for App Store purchases are handled by Apple under Apple’s terms, not by us. If we increase the price of a plan you are on, we will give you notice before the increase takes effect and you can cancel rather than accept it. Where local consumer law gives you a right to cancel or a right to a refund, that law applies and nothing here limits it.

Nose uses machine translation. It is good, and it is not perfect. Meaning, tone, idiom, names, numbers, dates, legal terms and medical terms can all be rendered differently from what you intended.

The Service is not a certified, sworn or professional translation or interpretation service, and must not be relied on where an error could cause harm or legal consequences. That includes, without limitation:

• medical advice, diagnosis, consent or treatment instructions;
• emergency communications of any kind — call your local emergency number;
• contracts, court proceedings, immigration matters, sworn statements and other legally binding or legally consequential documents;
• financial, tax or investment advice, and safety-critical instructions.

For those, use a qualified human interpreter or a certified translator. You are responsible for deciding whether a translation is fit for what you are using it for, and the original text of every message is available to both people in the conversation so either of you can check it.

You agree not to use the Service to:

• break the law, or help anyone else break it, including laws on harassment, fraud, obscenity and the protection of minors;
• send unsolicited bulk messages, spam, phishing, scams or malware;
• harass, threaten, impersonate, stalk, defame or abuse anyone, or promote violence or hatred;
• send material that sexually exploits or endangers a child — we report this to the authorities without exception;
• infringe intellectual property or privacy rights, or send material you have no right to send;
• reverse engineer, decompile, scrape, probe or test the security of the Service, or bypass its limits, rate controls or paywalls;
• resell the Service or use it to build a competing product, including by using it as a translation API;
• interfere with the Service’s operation or with anyone else’s use of it.

You can report abuse at support@nose.app, or from any conversation in the app. We act on reports.

Your messages, photos, voice notes and captions are yours. You keep every right you have in them.

You grant us a limited, worldwide, non-exclusive, royalty-free licence to host, store, transmit, reproduce, translate and display your content — strictly for the purpose of operating the Service and delivering your content to the people you send it to. This licence exists so we are legally able to carry and translate your messages, and it ends when your content is deleted, apart from copies in routine backups which are overwritten on a rolling cycle.

We do not use your content to train general-purpose translation models unless you have explicitly opted in to a quality programme, which is off by default. See the Privacy Policy.

You confirm you have the rights necessary to send what you send, and that doing so does not breach anyone else’s rights or the law.

The Service, including the Nose name, logo, interface, designs and software, belongs to Nose Labs, Inc. and its licensors. We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to use the app on Apple devices you own or control, as permitted by the App Store Terms of Service. That licence is all you get: no other rights are granted, expressly or by implication.

Feedback you send us is welcome and we may use it without obligation or payment to you.

These terms apply because you obtained Nose from the Apple App Store. They are required by Apple, and in any conflict with the rest of these Terms as they relate to the app on iOS, this section wins.

• This agreement is between you and Nose Labs, Inc. only, and not with Apple. Apple is not responsible for the app or its content.
• Your licence to use the app is a non-transferable licence to use it on an Apple-branded device you own or control, under the Usage Rules in the App Store Terms of Service. Where these Terms are less protective than Apple’s standard EULA, Apple’s standard EULA applies instead.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility.
• We, not Apple, are responsible for addressing any claim by you or a third party relating to the app, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation.
• We, not Apple, are responsible for the investigation, defence, settlement and discharge of any third-party claim that the app infringes that third party’s intellectual property rights.
• You represent that you are not located in a country subject to a US Government embargo or designated as terrorist-supporting, and that you are not on any US Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, on your acceptance, will have the right to enforce them against you.

We aim to keep the Service running, and we do not guarantee it will be uninterrupted or error-free. We may add, change or remove features. If we discontinue a paid feature you rely on, or discontinue the Service, we will give reasonable notice and refund the unused portion of a pre-paid term.

You can stop using the Service at any time and delete your account in Settings → Account → Delete account.

We may suspend or terminate your account if you materially breach these Terms, if we are required to by law, or if your use creates risk or legal exposure for us or other users. Where it is reasonable and lawful to do so, we will give notice and a chance to put things right first. For serious breaches — in particular anything involving the safety of a child — we act immediately.

Sections 5, 7, 8 and 11 to 15 survive termination.

Except where the law says otherwise, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy of translation, and non-infringement.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud. If you are a consumer, you have legal rights that these Terms do not affect.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, data, goodwill or business opportunity, arising out of or relating to the Service, even if advised such damages were possible.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Service is limited to the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, and (b) fifty US dollars (US$50.00).

You agree to indemnify and hold harmless Nose Labs, Inc. and its officers, directors, employees and agents from any claim, demand, loss or expense, including reasonable legal fees, arising out of your misuse of the Service, your content, or your breach of these Terms or of the law. This does not apply to the extent the claim arises from our own breach or negligence, and it does not apply where you are a consumer and local law says otherwise.

These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-laws rules. The courts located in that jurisdiction have exclusive jurisdiction over disputes, except that either party may seek injunctive relief in any competent court.

If you are a consumer in the EEA or the UK, this clause does not deprive you of the protection of the mandatory laws of the country where you live, or of your right to bring proceedings in your local courts.

Before filing anything, please write to legal@nose.app. Most things are faster to resolve in an email than in a court.

We may update these Terms. If a change is material, we will give notice in the app or to your registered contact details at least 30 days before it takes effect, unless a shorter period is required by law or by a security or legal risk. Continuing to use the Service after a change takes effect means you accept the updated Terms. If you do not accept them, delete your account.

Nose Labs, Inc.
2261 Market Street, Suite 5150, San Francisco, CA 94114, USA
Legal: legal@nose.app
Support: support@nose.app