Terms of Service

Last updated: December 22, 2024

1. Acceptance of Terms

By accessing or using Nomely.ai ("Service"), operated by Montane LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Service.

2. Description of Service

Nomely.ai provides AI-powered business naming and domain availability services, including:

  • AI Name Generation: Generate business name ideas based on your industry, keywords, and preferences using artificial intelligence.
  • Domain Availability Check: Verify domain availability across multiple TLDs (.com, .io, .co, .ai, .net, .org, .app, .dev, .tech, .xyz).
  • Social Media Handle Check: Check username availability on platforms including X (Twitter), Instagram, TikTok, GitHub, LinkedIn, and Facebook.
  • AI Scoring: Receive AI-powered evaluations of name quality based on memorability, brandability, and market fit.
  • Favorites Management: Save and organize your preferred names for later reference.
  • Bulk Domain Check: Check multiple domain names simultaneously (available on paid plans).

3. User Accounts

To access certain features of the Service, you must create an account. You may register using:

  • Email and password
  • Google OAuth authentication

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Subscription Plans and Payments

We offer three subscription tiers:

  • Basic (Free): 5 AI generations per month, limited features.
  • Starter ($9/month): 50 AI generations per month, bulk check for up to 10 domains.
  • Pro ($29/month): Unlimited AI generations, bulk check for up to 50 domains, priority support.

Payments are processed securely through Stripe. By subscribing to a paid plan, you agree to pay all applicable fees. Subscriptions automatically renew unless cancelled before the renewal date.

4.1 Refund Policy

We offer refunds on a case-by-case basis. If you are unsatisfied with our Service, please contact us within 14 days of your purchase to request a refund.

4.2 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to paid features until the end of your current billing period.

5. Acceptable Use

You agree not to use the Service to:

  • Generate names for illegal, fraudulent, or harmful purposes.
  • Infringe on the intellectual property rights of others.
  • Engage in cybersquatting or domain name speculation that violates ICANN policies.
  • Attempt to reverse-engineer, decompile, or access our AI systems.
  • Use automated tools, bots, or scripts to abuse the Service.
  • Circumvent usage limits or subscription restrictions.
  • Transmit viruses, malware, or other harmful code.

6. Intellectual Property

6.1 Our Content

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, AI algorithms, and software, are owned by Montane LLC and are protected by copyright, trademark, and other intellectual property laws.

6.2 Generated Names

Names generated by our AI are provided for informational purposes. We do not claim ownership over generated names, nor do we guarantee that generated names are available for trademark registration. You are responsible for conducting your own trademark searches and legal due diligence before using any name for commercial purposes.

6.3 User Content

You retain ownership of any content you submit to the Service (such as keywords and preferences). By submitting content, you grant us a non-exclusive license to use such content to provide and improve the Service.

7. Third-Party Services

Our Service integrates with third-party services to provide certain features:

  • OpenAI: For AI-powered name generation and scoring.
  • Namecheap: For domain availability verification.
  • Stripe: For payment processing.
  • Google: For OAuth authentication.
  • Social media platforms: For username availability checking.

Your use of these third-party services is subject to their respective terms of service and privacy policies.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT:

  • The Service will be uninterrupted, secure, or error-free.
  • Domain availability results are 100% accurate or real-time.
  • Generated names are unique, available for trademark, or suitable for your specific needs.
  • AI scoring reflects the actual market performance of any name.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MONTANE LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Montane LLC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service or violation of these Terms.

11. Modifications to Service and Terms

We reserve the right to modify, suspend, or discontinue the Service at any time without notice. We may also update these Terms from time to time. Continued use of the Service after changes constitutes acceptance of the modified Terms.

12. Termination

We may terminate or suspend your account at any time for violations of these Terms or for any other reason at our sole discretion. Upon termination, your right to use the Service will immediately cease.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles.

14. Dispute Resolution

Any disputes arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

15. Contact Information

For questions about these Terms of Service, please contact us at:

16. Severability

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

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and Montane LLC regarding the use of the Service.