NODI Terms of Service (United States)

Version 1.0, effective July 30, 2026 · These terms apply to purchases on us.nodi.kids and to use of the NODI App and NODI services in the United States. PLEASE READ SECTION 15 CAREFULLY: IT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (WITH A 30-DAY OPT-OUT).

1. Who we are; eligibility

1.1 These terms are between NoDi GmbH, c/o Betahaus, Rudi-Dutschke-Straße 23, 10969 Berlin, Germany (help@nodi.kids) (“NODI”, “we”) and you, for purchases of NODI products via us.nodi.kids, use of the NODI App and services, and the LTE data plan.

1.2 You must be 18 or older to purchase or create an account. Children never create accounts and are never parties to these terms; account holders are exclusively parents/legal guardians and adult guest contacts they invite. Use of the Flip by your child requires the verifiable parental consent process described in our Privacy Policy.

2. Ordering, prices, payment

2.1 Your order is an offer; the contract forms when we confirm it by email. Prices are in US dollars; applicable sales tax is calculated at checkout. Payment is processed by Shopify Payments/Stripe; title passes on full payment; risk of loss passes on delivery to the carrier’s handover to you. Delivery timeframes are shown at checkout; fulfillment is handled by our US logistics partner (ShipBob).

2.2 Pre-sale orders. Pre-sale orders are charged in full when you order. We expect to ship by October 31, 2026. If we cannot, we will email you before that date and you may cancel for a full refund. You may also cancel at any time before your order ships, for any reason, by emailing help@nodi.kids. Refunds are issued to your original payment method within seven business days. Pre-sale pricing and perks apply only to the order in which they were granted and are not transferable. The version of these terms in effect when you ordered governs that order.

3. 100-day return policy (our 100-day happiness guarantee)

3.1 You may return any product purchased on us.nodi.kids within 100 days of delivery for a full refund of the purchase price. Request your return at help@nodi.kids or via our returns portal; you will receive a prepaid return label with the correct return address free of charge. Please do not ship returns to our Berlin business address. We ask that you use the original packaging where possible. Refunds go to the original payment method within 14 days of our receipt of the return; original standard shipping charges are refunded. Items must show no more wear than needed to evaluate the product. Please remove the device from your NODI account (remote wipe) or factory reset it before returning (Section 12).

3.2 This policy is in addition to your rights under the Limited Warranty (Section 5) and any non-waivable rights under your state’s law.

4. Defective products

If your Flip arrives damaged or defective, contact help@nodi.kids; we will repair, replace, or refund at no cost to you. Nothing in these terms limits remedies that cannot be limited under applicable state law.

5. Limited Warranty

The NODI Flip comes with our Two-Year Limited Warranty (one year for the built-in battery), available before purchase at us.nodi.kids/warranty and summarized on the product page. Warranty service is available directly from us regardless of where you bought the device. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. Some states do not allow limitations on how long an implied warranty lasts or the exclusion of incidental or consequential damages, so the limitations in the Limited Warranty and in Section 14 may not apply to you.

6. Your NODI account

Login is passwordless: at every login attempt with your email address, a sign-in link is sent only to that address, so no login is possible without access to your mailbox and you are informed of every attempt. There are no NODI passwords and no factory default passwords. Keep your email account secure. Changing phones requires only signing in on the new device; account data, contacts, child profiles and settings are restored from the cloud; the latest voice messages remain stored on the Flip itself.

7. Child profiles; guests; Flip-to-Flip

7.1 Child profiles are created by you within your account after verifiable parental consent. You can delete the profile at any time; all of the child’s data is then deleted immediately and permanently. The NODI Flip is not a surveillance device: you cannot listen to your child’s messages through the app, there is no location tracking, and recording is clearly indicated on the device display.

7.2 Guests participate only on your invitation and can only exchange voice messages with the child you approve. Flip-to-Flip messaging between two children requires approval by the parents of both children (invitation code created by one family, redeemed by the other); either family can end the connection at any time, and undelivered messages are then deleted from the server.

8. License; your content

You own the hardware. We grant you a personal, non-transferable, non-commercial license to use the App, firmware and services for the duration of your use. Voice messages and other content you create remain yours; you grant us only the limited rights needed to transmit, store and deliver them as part of the service.

9. Updates; 5-year security commitment

We provide updates, including security updates, delivered automatically over the air with signed firmware. We commit to monitoring the NODI Flip and the App for security issues and providing security updates for at least five (5) years from purchase, as stated on the product page. Vulnerabilities can be reported to development@nodi.kids (Vulnerability Disclosure Policy at us.nodi.kids/security).

10. LTE data plan (automatic renewal)

10.1 The LTE plan is a paid subscription enabling communication over cellular networks away from WiFi. Automatic renewal disclosure: (a) the flexible monthly plan automatically renews month to month at the price shown at checkout until you cancel, and you can cancel anytime effective at the end of the current billing month; (b) fixed-term plans (12 or 24 months) do not renew for another fixed term: after the initial term your subscription continues month to month at the then-current flexible monthly price until you cancel on one month’s notice; (c) charges recur on your payment method on each renewal date. These terms are presented clearly at checkout, you affirmatively consent to them there before being charged, and we send an acknowledgment email containing the subscription terms and how to cancel. Billing for the LTE plan begins when you activate the plan on your Flip, not when you order.

10.2 Reminders and easy cancellation: we email you at least 14 days before the end of the initial term and before each monthly renewal thereafter. You can cancel online at any time at us.nodi.kids/cancel, in the App (Subscriptions → Manage subscription), or by email to help@nodi.kids, at least as easily as you signed up. After cancellation the plan remains active until the end of the paid period; partial periods are not refunded. Price changes apply only to future billing periods and are notified with the renewal reminder, so you can cancel first.

10.3 Connectivity is provided via Giesecke+Devrient Mobile Security TCD Iberia, S.L. over networks of multiple carriers depending on signal quality; coverage and quality depend on your location. The service is data-only for NODI messaging; it is not a phone service and does not support 911 or emergency calling.

11. Service availability; discontinuation

We do not guarantee uninterrupted availability. Setting up and managing the device via the App requires an internet connection; the device itself works offline for locally stored content (offline audio, learning content, the last 50 voice messages). If we permanently discontinue the services in whole or substantial part, we will give at least 12 months’ notice where possible; locally stored content remains usable offline, and we will refund the prorated unused portion of any prepaid LTE period.

12. Acceptable use; passing the device on

Use the services only lawfully and as intended; do not circumvent security measures, interfere with the service, or attempt to access other families’ accounts, devices or data (good-faith security research under our Vulnerability Disclosure Policy is welcome). Before selling or giving away the device, remove it from your account (remote wipe) or factory reset it; this permanently deletes locally stored messages and setup data.

13. Changes to these terms

We may update these terms for valid reasons (legal changes, security, technical development, new features). For material changes we will give at least 30 days’ notice by email or in-app; if you do not agree, you may stop using the services and, for paid ongoing services, terminate without penalty before the change takes effect. Changes to the children’s data practices follow the re-consent process in our Privacy Policy.

14. Disclaimers; limitation of liability

EXCEPT FOR THE EXPRESS LIMITED WARRANTY AND ANY NON-WAIVABLE RIGHTS, THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE DURATION OF THE LIMITED WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PRODUCTS OR SERVICES IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM. NOTHING IN THESE TERMS LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD, OR FOR ANY LIABILITY THAT CANNOT BE LIMITED BY LAW. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME MAY NOT APPLY TO YOU.

15. Dispute resolution: arbitration agreement and class action waiver (with opt-out)

15.1 Informal resolution first: before filing a claim, you and we agree to try to resolve any dispute informally by contacting help@nodi.kids (or, from us, your account email) and allowing 60 days.

15.2 Binding arbitration: any dispute arising out of or relating to these terms, the products or the services that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted in English, by videoconference or, if an in-person hearing is required, in the county of your residence; we will pay filing, administration and arbitrator fees beyond the amount of your AAA consumer filing fee. The Federal Arbitration Act governs this Section.

15.3 Exceptions: either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property or for unauthorized access to the services.

15.4 Class action waiver: disputes will be arbitrated only on an individual basis; neither you nor we may participate in a class, consolidated or representative action. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court.

15.5 Your right to opt out: you may opt out of this arbitration agreement and class waiver, with no disadvantage, by emailing help@nodi.kids with the subject “Arbitration opt-out” (stating your name and order or account email) within 30 days of first accepting these terms.

16. Governing law; miscellaneous

These terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules, except that Section 15 is governed by the Federal Arbitration Act and nothing deprives you of the protection of mandatory consumer laws of your state of residence. If any provision is unenforceable, the remainder stands. You may not assign these terms; we may assign them in connection with a merger, acquisition or sale of assets with notice to you. NODI® and NODI Flip® are registered trademarks of NoDi GmbH in the US, EU and UK. California users: under Cal. Civ. Code § 1789.3 you may contact the Complaint Assistance Unit of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.