Terms of Service
These Terms of Service ("Terms") govern your use of the Nomen Platform. By creating an account or using any Nomen service, you agree to these Terms. Please read them carefully. Section 18 contains a binding arbitration agreement and class action waiver that affects your legal rights.
Agreement and Definitions
These Terms are a legally binding contract between you ("User") and Nomen Financial, Inc. ("Nomen"). "Platform" means the Nomen web application at usenomen.com, all related mobile applications, and all services provided through them.
User types recognized under these Terms:
Athlete: An individual using Nomen to track NIL income, file taxes, and receive payments.
Collective: An organization using Nomen to disburse payments and issue 1099s to Athletes.
Agent: A sports representative or advisor with read-only access to an Athlete's dashboard, granted by the Athlete.
Admin: A Nomen employee with platform-wide administrative access.
Eligibility
You must be at least 13 years of age to use the Platform. Users under 18 require verifiable parental or guardian consent.
You must have the legal capacity to enter into a binding contract in your jurisdiction.
You must be a United States resident or have a U.S. Social Security Number or ITIN to use payment processing and tax filing features.
By using Nomen, you represent that all information you provide is accurate and that you meet these eligibility requirements.
Account Registration and Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You must notify Nomen immediately at support@usenomen.com if you become aware of unauthorized use of your account.
You may not share your account with others or create accounts on behalf of third parties without their consent.
Nomen reserves the right to suspend or terminate accounts that we believe have been compromised or are being used in violation of these Terms.
Identity Verification (KYC)
Payment processing through Stripe Connect Express requires identity verification. By initiating identity verification, you agree to:
Provide accurate and complete identity documentation, including a government-issued photo ID and a real-time selfie image.
Persona's Identity Verification Terms of Service and Privacy Policy, as Persona conducts the verification on Nomen's behalf.
Stripe's Connected Account Agreement and terms, which govern your Stripe Connect Express account.
Nomen does not independently store government ID images. Verification results (pass, fail, or review) and a reference ID are stored in Nomen's systems. You may not use payment features until KYC verification is successfully completed.
Payment Services
5.1 Stripe Connect Express
Payment processing on Nomen is provided by Stripe, Inc. By using Nomen's payment features, you agree to the Stripe Connected Account Agreement. Nomen is not a bank and does not hold funds. All funds flow through Stripe's infrastructure.
5.2 Platform Fee
Nomen charges a platform fee of 1.5% on each payment processed through Nomen payment rails. This fee is deducted before disbursement to the receiving Athlete. Nomen reserves the right to adjust this fee with 30 days' advance notice.
5.3 Transaction Disputes
Payment disputes between Athletes and Collectives or brands are resolved between those parties. Nomen is a platform intermediary and is not a party to NIL contracts. Nomen may provide transaction records to assist in dispute resolution but does not adjudicate payment disputes.
5.4 Prohibited Transactions
Payments for any purpose other than legitimate NIL compensation.
Payments that violate NCAA bylaws, conference rules, or applicable state NIL laws.
Money laundering, structuring, or any transaction that violates the Bank Secrecy Act or applicable anti-money laundering laws.
Payments from or to sanctioned parties under OFAC regulations.
Tax Services
6.1 Tax Estimates
Nomen provides real-time self-employment tax estimates based on income you enter into the Platform. These estimates are for informational purposes only and do not constitute tax advice. The actual tax you owe may differ based on factors not captured in the Platform, including deductions, other income sources, and state-specific rules. Consult a licensed tax professional for advice specific to your situation.
6.2 Tax Filing via Column Tax
Federal and state tax filing is provided through Column Tax. By initiating a tax filing through Nomen, you agree to Column Tax's Terms of Service and you authorize Nomen to transmit your income data, 1099 records, and personal information to Column Tax for return preparation and IRS submission.
6.3 1099 Services via Track1099
1099-NEC form generation and IRS e-filing is provided through Track1099. By requesting 1099 issuance or collection through Nomen, you authorize Nomen to transmit payee information (name, TIN, and payment amount) to Track1099 for IRS reporting purposes.
6.4 Accuracy of Information
You are responsible for the accuracy of all income and expense information you enter into the Platform. Nomen is not responsible for taxes, penalties, or interest arising from inaccurate information you provide.
NIL Compliance
Nomen provides tools to help Athletes track and disclose NIL activity, but does not provide legal or compliance advice regarding NCAA bylaws, conference regulations, or state NIL laws. Athletes are responsible for:
Ensuring their NIL activity complies with their institution's rules and applicable NCAA or governing body regulations.
Completing all required institutional NIL disclosures through their university's compliance office.
Consulting their institution's athletic compliance staff regarding permitted NIL activity.
Nomen's deal tracking features provide a record-keeping tool and do not constitute NCAA disclosure or compliance certification.
Collective Administrator Terms
If you use Nomen as a Collective administrator, you agree to the following additional terms:
You represent that your Collective is a properly organized legal entity and that you have authority to bind it to these Terms.
You are responsible for the accuracy of all disbursement records and for ensuring that 1099-NEC forms are issued correctly to all Athletes receiving more than $600 in a calendar year.
You may not use Nomen to disburse payments that violate applicable law, including payments that constitute improper inducements under NCAA rules.
Nomen is not responsible for your Collective's compliance with applicable NIL laws or NCAA regulations.
Agent Access Terms
Agent access is read-only. Agents may not modify Athlete account data, initiate transactions, or access SSN, ITIN, government ID, or banking details.
Agents agree to use financial data accessed through Nomen only for legitimate representation activities on behalf of the Athlete who granted access.
Athlete may revoke Agent access at any time. Upon revocation, the Agent's access ceases immediately and all Agent-held copies of Nomen-sourced financial data must be deleted.
Acceptable Use
You may not use the Platform to:
Provide false or misleading information in any account field, KYC submission, or tax filing.
Access or attempt to access another user's account or data without authorization.
Reverse engineer, decompile, or attempt to extract the source code of the Platform.
Use automated tools (bots, scrapers, crawlers) to access the Platform without Nomen's written permission.
Transmit malware, viruses, or malicious code through the Platform.
Use the Platform in a way that violates any applicable law or regulation.
Resell, sublicense, or commercially exploit the Platform or its data without Nomen's written consent.
Intellectual Property
The Nomen Platform, including its software, design, trademarks, and content, is owned by Nomen Financial, Inc. and protected by intellectual property law. You are granted a limited, non-exclusive, non-transferable license to use the Platform for its intended purpose.
You retain ownership of all data you input into the Platform, including deal records, income data, and uploaded documents. You grant Nomen a limited license to process and store this data solely to provide the Platform's services.
Fees and Billing
Subscription fees for Nomen Pro and Collective plans are billed monthly or annually in advance.
All fees are stated in U.S. dollars and are non-refundable except as required by law or as described in our refund policy.
If a payment fails, we will retry and may suspend your account after [X] days of non-payment.
Nomen may change subscription pricing with 30 days' advance notice. Your continued use after the effective date constitutes acceptance of the new pricing.
Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. NOMEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NOMEN DOES NOT WARRANT THAT (A) THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; (B) TAX ESTIMATES WILL BE ACCURATE FOR YOUR SPECIFIC SITUATION; OR (C) THIRD-PARTY SERVICES (STRIPE, PERSONA, COLUMN TAX, TRACK1099) WILL PERFORM WITHOUT DISRUPTION.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOMEN'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO NOMEN IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.
NOMEN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOMEN IS NOT RESPONSIBLE FOR IRS PENALTIES, INTEREST, OR AUDITS ARISING FROM INACCURATE INFORMATION YOU PROVIDED TO THE PLATFORM OR FROM THIRD-PARTY TAX SERVICE ERRORS.
Indemnification
You agree to defend, indemnify, and hold harmless Nomen and its officers, directors, employees, and agents from and against any claims, liabilities, damages, and costs (including reasonable attorneys' fees) arising from (a) your violation of these Terms; (b) your use of the Platform; (c) inaccurate information you provided; or (d) your violation of any third party's rights or applicable law.
Term and Termination
These Terms remain in effect while you maintain a Nomen account.
You may terminate your account at any time by contacting support@usenomen.com.
Nomen may suspend or terminate your account for violation of these Terms, fraudulent activity, or non-payment, with or without notice depending on the severity of the violation.
Upon termination, your right to use the Platform ceases. Sections relating to indemnification, limitation of liability, arbitration, and governing law survive termination.
Governing Law
These Terms are governed by the laws of the State of Georgia, without regard to its conflict of laws principles. Any legal action not subject to arbitration under Section 18 shall be brought exclusively in the state or federal courts located in Fulton County, Georgia.
Arbitration Agreement and Class Action Waiver
18.1 Binding Arbitration
Any dispute arising from or relating to these Terms or the Platform shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in Fulton County, Georgia unless the parties agree otherwise.
18.2 Class Action Waiver
You agree that any arbitration or legal proceeding shall be conducted on an individual basis only. You may not bring claims as a class member in any class or representative action. You may not combine your claim with claims of other persons.
18.3 Small Claims Exception
Either party may bring an individual claim in small claims court in lieu of arbitration, provided the claim qualifies for small claims jurisdiction. 18.4 Opt-Out You may opt out of this arbitration agreement by emailing legal@usenomen.com within 30 days of first accepting these Terms. Your opt-out will not affect any other provisions of these Terms.
Changes to These Terms
Nomen may update these Terms at any time. We will notify you of material changes by email and by posting a notice on the Platform at least 30 days before the changes take effect. Your continued use of the Platform after the effective date constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Platform and may request account deletion.