Terms of Service

Last Updated: October 8th, 2024

Thank you for using Noun

Please note Noun is only available in the United States.

Welcome to Noun. Noun is a mobile app that allows users to buy, sell, and trade goods and services with others nearby. We are committed to maintaining an anonymous, secure marketplace, ensuring that users can interact without revealing their identities. However, we prohibit any illegal activity, including but not limited to the sale of prohibited items such as drugs, illegal services, or any form of exploitation. These Terms of Service (“Terms”) govern your access to and use of Noun’s app, website, and related services (collectively, “Noun” or the “Service” or “Services”).

For the purposes of these Terms, a “User” is defined as a natural person, meaning a human individual acting on their own behalf and not as a representative of any legal entity, artificial intelligence, automated system, or bot. By accessing and using Noun, you represent and warrant that you are a human individual with the legal capacity to enter into binding agreements.

By accessing or using Noun, you agree to be bound by these Terms. If you do not agree to these Terms, please stop using Noun. Noun Technologies, Inc. ("Company," "we," or "us") operates Noun, and "you" or "your" refers to you as a user of the Services.

We also have a Privacy Policy that outlines how we collect and use personal data. Please review it, as it governs our use of any personal information you provide.

IMPORTANT NOTE: THE SECTION TITLED “ARBITRATION AND GOVERNING LAW” CONTAINS AN ARBITRATION CLAUSE AND CLASS-ACTION WAIVER THAT APPLIES TO ALL U.S.-BASED NOUN USERS. PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS-ACTION WAIVER AS EXPLAINED IN THE SECTION TITLED “ARBITRATION AND GOVERNING LAW.”

Age and Legal Capacity

By using Noun, you represent that you are at least 13 years old and possess the legal capacity to enter into an agreement according to these Terms. If you are not old enough to have authority to consent to these Terms, your parent or guardian must agree to them on your behalf. If you allow a minor to use the Services, you are responsible for that activity and bound by these Terms.

Accounts and Software Updates

To use Noun, you must create an account, which requires providing accurate information, including a username, phone number, or email for verification purposes. Your username is required and is linked to your profile. A user may only claim one username, and the buying, selling, or trading of usernames is strictly prohibited.

Additionally, the use of famous names, impersonation of others, or infringing upon trademarks may result in the loss of the username and its reassignment at Noun's sole discretion.

You agree that Noun may automatically update the software we provide for use on your device. These updates will be governed by these Terms.

Your License to Use Noun

Noun grants you a worldwide, non-exclusive, personal, non-transferable, revocable license to access and use the Service solely for personal, non-commercial purposes and in accordance with these Terms. The Services, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information, and other materials, as well as the proprietary software and other technology used to provide the Services, are protected under copyright, trademark, and other intellectual property laws.

You agree that Noun Technologies, Inc. and/or its licensors own all right, title, and interest in and to the Services (including any and all intellectual property rights therein), and you agree not to take any actions inconsistent with such ownership interests. Although we grant you this license, we and our licensors retain all intellectual property rights, including the exclusive right to create derivative works.

The Noun name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Noun Technologies, Inc. or its affiliates or licensors. The unauthorized use of any of these trademarks is strictly prohibited.

Some of our Services may allow you to download client software. As long as you comply with these Terms, we grant you a limited license to download, install, and run that software solely to access and use our Services. You may not copy, modify, create derivative works based on, distribute, sell, lease, or sublicense any of our software or Services. You also may not reverse engineer, decompile, or attempt to extract the source code of our software or Services unless you have our written consent or applicable law permits it.

You Own What You Post

All content you post to Noun (e.g., listings, photos, descriptions) is considered "User Content." You retain ownership of your User Content, but by posting it, you grant Noun a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, display, reproduce, save, modify, create derivative works, and distribute this content as necessary to operate and improve the platform.

Your username is not included in User Content. Upon account termination, your username will be released and made available for others to claim.

In cases where your content violates these Terms or any applicable laws, Noun reserves the right to remove or modify User Content or suspend or terminate your account. In extraordinary circumstances, and in accordance with our legal obligations, we may need to retain and archive certain user data, including backups, even after account termination. This is done carefully and only when absolutely necessary to ensure the security and integrity of the platform. However, we remain committed to protecting your anonymity and ensuring that data retention is minimal and strictly for required purposes.

Additionally, content you share with others on Noun may continue to exist even after you delete it or terminate your account. For example, other users may have shared, stored, or backed up your content. We may also retain your User Content in backups or archives for a limited time, but will not retain it beyond what is required to meet legal and operational needs.

If You Post or Visit a Link on Noun

If you post or access third-party links on Noun, you acknowledge that Noun is not responsible for the content or actions of external websites or services. Accessing third-party content through Noun is at your own risk.

If You Provide Us Feedback

If you provide feedback or suggestions about Noun, you grant Noun a non-exclusive, perpetual, royalty-free, irrevocable license to use that feedback for any purpose without any obligation of attribution or compensation to you.

Keeping Your Account Secure

You are responsible for maintaining the security of your account. Noun uses One-Time Passwords (OTP) and magic links as authentication methods to enhance security and provide a seamless login experience.

One-Time Passwords (OTP) are unique, temporary codes sent to your registered phone number or email. These codes can only be used once and are time-sensitive, typically expiring after a short period. When you log in to Noun, you’ll receive an OTP via SMS or email, which you must enter to complete the login process. This ensures that only you, as the account holder with access to your phone or email, can sign in. Please do not share these OTPs with anyone, as doing so may compromise your account security.

Magic links offer an alternative authentication method. Instead of entering a password, you may receive an email with a secure, time-limited link. Clicking the magic link will log you into your account directly, bypassing the need for a password. As with OTPs, it’s essential to ensure that your email account is secure, and you should not share or forward these magic links to others.

If you suspect that your account has been compromised or if you notice any unauthorized activity, notify us immediately so we can take the necessary steps to secure your account.

Conditions of Access and Use

As a user of Noun, you are solely responsible for all content (including but not limited to code, video, images, information, data, text, software, music, sound, photographs, graphics, and messages) that you upload, post, publish, or display via the Service. You agree not to engage in or facilitate any unlawful activities, including but not limited to:

We reserve the right to investigate and take appropriate legal action, including removing any content that violates these terms, suspending or terminating accounts, or reporting violations to law enforcement. If you are blocked from accessing the Service for violating these Terms, you agree not to take any measures to circumvent such blocking, such as using proxy servers or VPNs.

Service Content

All content and features within the Noun platform ("Service Content") are protected by intellectual property laws. You may not modify, copy, or distribute any part of the Service Content unless explicitly authorized by Noun.

Competitors

No employee, independent contractor, agent, or affiliate of any competing marketplace or social media app, platform, or service is permitted to view, access, or use any portion of Noun without explicit written permission from Noun Technologies, Inc. By viewing, using, or accessing Noun, you represent and warrant that you are not a competitor of Noun Technologies, Inc., or any of its affiliates, and you are not acting on behalf of or in association with any competitor in using or accessing the Service.

Commercial Use

Noun is for personal, non-commercial use. Unauthorized commercial use of the platform is prohibited unless you have express permission from Noun.

SMS Messages and One-Time Passwords

Noun uses SMS to send one-time passwords (OTP) for authentication purposes. We do not store your passwords. By providing your phone number, you consent to receiving text messages for account verification. Standard messaging rates may apply.

Terminating SMS Services

You may opt-out of SMS services at any time by texting "STOP" in response to an OTP message. However, this may affect your ability to access the Services.

Limitations of Opting-Out of SMS

If you opt-out of SMS services, you acknowledge that certain features of the Service may become unavailable, including but not limited to the ability to log in, receive notifications, or complete certain transactions requiring two-factor authentication (2FA). Should you wish to resume using these features, you will need to re-enable SMS by updating your account settings or contacting our support team for further assistance.

Additionally, depending on your mobile carrier or network, some SMS messages related to your account security and verification may not be delivered on time or may be delayed. Noun is not responsible for any service disruptions or delays caused by issues related to carrier networks, user devices, or any technical malfunctions that may arise outside of Noun’s control.

Invitations and Opting Out of Communication

Existing users may send invitations to new users via SMS to invite them to register for an account on Noun. Upon receiving an invitation code, new users may choose to complete the registration process. If you do not wish to receive further messages from Noun or other users, you may opt-out by replying 'STOP' to any SMS message sent by Noun.

If you opt-out of receiving SMS messages, you will no longer receive any communication from Noun, including but not limited to invitation codes, notifications, and security-related messages such as OTPs (One-Time Passwords). Should you choose to use Noun again, you must re-opt-in by registering your phone number and verifying it via SMS, at which point the service will resume.

Concerning Copyrights and Intellectual Property

Noun respects intellectual property rights and takes claims of infringement seriously. If you believe your copyright or other intellectual property rights have been infringed by content posted on Noun, please follow the procedures outlined below. We will investigate the matter and, where appropriate, remove or disable access to the infringing content as required by law.

In accordance with the Digital Millennium Copyright Act of 1998 (the 'DMCA'), Noun has designated an agent to receive notices of copyright infringement. We follow the DMCA notice-and-takedown procedures. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information as required by the DMCA, 17 U.S.C. § 512:

If you believe that any content on Noun violates your rights other than copyrights, please provide us with at least the following information:

Please send your notice of claims of copyright infringement or other alleged violation of rights to Nou’s designated copyright agent, who can be reached at:

ATTN: Copyright Manager
Noun Technologies, Inc.
5319 University Drive #3012
Irvine, CA 92612
Email: help@noun.com

NOTE: This contact information is for inquiries regarding potential copyright and other intellectual-property infringement only.

We understand that it can be difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any content that you believe infringes your rights. Noun has a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.

Termination

We reserve the right to suspend or terminate your access to Noun for any reason, including violation of these Terms or illegal activity. Upon termination, all data associated with your account will be deleted, and your username will be released.

Indemnity

You agree to indemnify, defend, and hold harmless Noun Technologies, Inc., its parent company, directors, officers, employees, agents, and affiliates from any and all legal actions, claims, demands, losses, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your access to or use of Noun’s Services, your User Content, any breach of these Terms, or your violation of any applicable law or regulation.

This indemnity obligation also applies to any actions, claims, or damages arising out of the use of your account by any other person, whether or not such use is authorized by you.

In such circumstances, you agree that Noun Technologies, Inc. is entitled to recover from you for any judgment, reasonable legal fees, court costs, or any expenses incurred in defending itself against such claims. Our right to indemnification survives any termination, suspension, or cancellation of your Noun account.

Disclaimer and Waiver of Claims

WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE ACCURACY, USEFULNESS, COMPLETENESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF ANY INFORMATION OR CONTENT POSTED ON NOUN, OR THE NOUN SOFTWARE. OUR SERVICES, SOFTWARE, AND ALL CONTENT MADE AVAILABLE THROUGH NOUN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

YOUR USE OF NOUN IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICES.

Noun does not review User Content prior to posting. We assume no liability for any User Content or any conduct of users on the platform. You understand and agree that you may encounter User Content that is inaccurate, offensive, indecent, objectionable, or otherwise inappropriate for your needs.

This disclaimer and waiver of claims will survive the cancellation, termination, or suspension of your Noun account, as well as the termination of these Terms.

Our Liability is Limited

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOUN TECHNOLOGIES, INC., ITS PARENT COMPANY, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, EMOTIONAL DISTRESS, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR IN CONNECTION WITH:

Noun Technologies, Inc. is not responsible for any physical harm, injury, or damage arising from user-to-user interactions, including but not limited to transactions, meetings, or communications that occur through the Service or as a result of using the Service. Users are responsible for their own safety and judgment when interacting with others.

If you are dissatisfied with any part of the Service or these Terms, your sole and exclusive remedy is to stop using the Service.

In jurisdictions where certain limitations on liability are not permitted, Noun’s liability will be limited to the maximum extent allowed by law. In such cases, we may be liable for damages only where required by statutory law, including damages resulting from death or personal injury caused by our negligence.

This limitation of liability will survive any termination or suspension of your Noun account or these Terms.

Arbitration and Governing Law

If a dispute arises between you and Noun, please contact us, and we will attempt to resolve the issue informally. However, if we are unable to resolve the dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to your access or use of Noun, or these Terms (including disputes regarding the interpretation, enforceability, or applicability of this arbitration provision), shall be resolved through binding arbitration.

Arbitration is generally quicker and less costly than litigation. A neutral and independent arbitrator will decide the case, and their decision will be final and binding, without further review by a court. The arbitrator has the authority to award the same damages or relief a court would.

By agreeing to these Terms, both you and Noun agree to waive the right to a trial by jury and the ability to participate in a class action. Arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. You can review AAA's rules and forms at www.adr.org.

Unless otherwise agreed, arbitration will occur in Los Angeles County, California. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA's rules, except that Noun will cover reasonable arbitration fees for claims under $75,000 that are non-frivolous, as defined by Federal Rule of Civil Procedure 11(b).

Regardless of how arbitration is conducted, the arbitrator will issue a reasoned written decision, and any judgment on the arbitration award may be entered in any court of competent jurisdiction. Nothing in this arbitration clause prevents either party from seeking injunctive or equitable relief in court, especially in cases related to intellectual property rights, data security, or unauthorized access.

Class Action Waiver: All claims must be brought in your individual capacity, not as part of a class action or any other representative proceeding. The arbitrator may not consolidate claims from different individuals without Noun’s consent.

Non-Waivable Statutory Rights: Nothing in this arbitration provision affects any non-waivable statutory rights you may have, including protections under consumer law.

In cases where arbitration is not applicable by law, or if a dispute cannot be arbitrated under applicable law, the dispute shall be resolved in a California court, governed by California state law, without regard to its conflict of law principles. If you are not a consumer in the European Economic Area (EEA), disputes will be handled exclusively in the courts of Los Angeles County, California, or the United States District Court for the Central District of California.

If you are a consumer residing in the EEA, this arbitration provision does not apply to you.

Opt-out

You have the right to opt out of this arbitration agreement. To do so, you must send an opt-out notice via email to help@noun.com within 30 days of October 8, 2024, or within 30 days of creating your Noun account, whichever is later. If you choose to opt out, both you and Noun will not be bound by the arbitration provisions outlined in these Terms. Failure to submit an opt-out notice within this timeframe means that you agree to resolve disputes through arbitration in accordance with the terms provided here.

Additional Terms for Apple App Store Users

The following terms apply to you only if you are using the Noun app from the Apple App Store. To the extent that other terms in these Terms are less restrictive than, or conflict with, the terms and conditions of this section, the more restrictive or conflicting terms apply, but solely with respect to your use of the Noun app from the Apple App Store.

You acknowledge and agree that these Terms are solely between you and Noun Technologies, Inc., not Apple, and that Apple has no responsibility for the Noun app or its content. Your use of the Noun app must comply with the App Store's terms of use.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Noun app. In the event of any failure of the Noun app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if applicable). To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the Noun app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed by these Terms.

You and Noun Technologies, Inc. acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the Noun app or your possession and use of the Noun app, including, but not limited to, product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Noun app or your possession and use of the Noun app infringes a third party's intellectual property rights, Noun Technologies, Inc., not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim as required by these Terms.

You must comply with applicable third-party terms of agreement when using the Noun app. You and Noun Technologies, Inc. acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as they relate to your use of the Noun app, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

We May Modify These Terms

Noun reserves the right to modify these Terms at any time. Changes will be effective upon posting, and your continued use of the Services constitutes acceptance of the new terms.

General Provisions

Assignment

You may not assign these Terms without our written consent. Noun may assign these Terms without restriction.

California Residents

California residents can direct complaints to the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by phone at (800) 952-5210.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

No Waiver

Failure to enforce any part of these Terms does not constitute a waiver of our right to enforce it later.