Terms of Service

Last Updated: December 2025

1. Acceptance of Terms

By accessing and using the NomadSmart service ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms apply to all users of the Service, including clients, their authorized representatives, and end-users who interact with the Service through connected messaging platforms.

2. Description of Service

NomadSmart provides an AI-powered messaging integration service that connects your business messaging platforms (WhatsApp, Instagram) with automated response systems, CRM integrations, and AI-powered conversation management.

The Service includes:

  • Integration with messaging platforms (WhatsApp, Instagram)
  • AI-powered automated responses and conversation management
  • CRM system integrations (AmoCRM, Bitrix24, МойСклад, and others)
  • Analytics and reporting tools
  • Technical support and maintenance

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must:

  • Provide accurate, current, and complete information during registration
  • Maintain and update your account information to keep it accurate
  • Be at least 18 years old or have legal authority to enter into contracts on behalf of your business
  • Have the authority to bind your company to these Terms

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account
  • Ensuring that authorized representatives comply with these Terms

4. Acceptable Use

4.1 Permitted Use

You may use the Service only for lawful business purposes and in accordance with these Terms. You agree to use the Service in compliance with all applicable laws and regulations in Kazakhstan and any other jurisdiction where you operate.

4.2 Prohibited Activities

You agree NOT to:

  • Use the Service for any illegal, fraudulent, or unauthorized purpose
  • Violate any applicable laws, regulations, or third-party rights
  • Transmit spam, unsolicited messages, or content that violates messaging platform policies
  • Attempt to gain unauthorized access to the Service or related systems
  • Interfere with or disrupt the Service or servers connected to the Service
  • Use automated systems (bots, scrapers) to access the Service without authorization
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Share your account credentials with unauthorized parties
  • Use the Service to send messages that are harassing, abusive, defamatory, or otherwise objectionable
  • Violate the terms of service of connected messaging platforms (WhatsApp, Instagram, Facebook)

5. Messaging Platform Compliance

You are responsible for ensuring that your use of the Service complies with:

  • WhatsApp Business Policy and Terms of Service
  • Instagram/Facebook Terms of Service and Community Guidelines
  • Any other messaging platform policies applicable to your use

Violation of messaging platform policies may result in suspension or termination of your account and access to the Service.

6. Payment Terms

6.1 Fees

Service fees are determined based on your subscription plan and usage. All fees are stated in Kazakhstani Tenge (KZT) unless otherwise specified.

6.2 Billing

Fees are billed according to your subscription plan (monthly, annually, or usage-based). You agree to pay all fees associated with your account.

6.3 Payment Methods

We accept payment through methods specified at the time of purchase. You are responsible for providing accurate payment information.

6.4 Refunds

Refund policies are determined on a case-by-case basis. Generally, fees are non-refundable unless required by law or as otherwise agreed in writing.

7. Intellectual Property

7.1 Our Rights

The Service, including all software, designs, text, graphics, and other content, is owned by NomadSmart and protected by intellectual property laws. You may not copy, modify, or create derivative works without our written permission.

7.2 Your Content

You retain ownership of content you provide through the Service (messages, configurations, etc.). By using the Service, you grant us a license to use, store, and process your content as necessary to provide the Service.

8. Service Availability and Modifications

8.1 Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to maintenance, updates, or circumstances beyond our control.

8.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to notify you of significant changes.

9. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your data. By using the Service, you consent to the collection and use of data as described in the Privacy Policy.

10. Third-Party Services

The Service integrates with third-party services (WhatsApp, Instagram, OpenAI, ChatWoot, CRM systems). Your use of these services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, functionality, or content of third-party services.

11. Limitation of Liability

11.1 Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.2 Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOMADSMART SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE.

11.3 Maximum Liability

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless NomadSmart, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you transmit through the Service

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us at support@nomadsmart.kz. Upon termination, your access to the Service will cease, and your data will be retained for 90 days before deletion (subject to legal retention requirements).

13.2 Termination by Us

We may suspend or terminate your account immediately if:

  • You violate these Terms
  • You violate messaging platform policies
  • You fail to pay fees when due
  • We determine that your use poses a risk to the Service or other users
  • Required by law or court order

13.3 Effect of Termination

Upon termination, your right to use the Service immediately ceases. We are not obligated to retain your data after the retention period specified in our Privacy Policy.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the Republic of Kazakhstan, without regard to conflict of law principles.

14.2 Dispute Resolution Process

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Service, the parties agree to first attempt to resolve the matter through good faith negotiation.

If negotiation fails, disputes shall be resolved through arbitration in accordance with the rules of the Arbitration Court at the Chamber of Commerce and Industry of the Republic of Kazakhstan, or through the competent courts of Kazakhstan.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated to you via email at least 30 days before they take effect. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NomadSmart regarding the Service.

16.2 Severability

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

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or failures of third-party services.

17. Contact Information

If you have questions about these Terms, please contact us:


These Terms of Service are provided for informational purposes. For legal implementation, we recommend having this reviewed by legal counsel in Kazakhstan.