Terms and Conditions:
1. General Information:
Subject:
Thenomba is a platform for personal, intellectual, and cultural development and training, offering digital content, educational programs, mentorships, events, and educational resources. This document regulates the access, browsing, and use of the Website, as well as the relationship between Thenomba and its users.
Access and use of the website:
Access to the Website is free of charge, without prejudice to the fact that certain content, programs, or services may be subject to contracting or subscription.
The user undertakes to:
Use the Website in a lawful manner and in good faith.
Not use it for fraudulent, unlawful purposes, or those contrary to public order.
Not damage, disable, or overload the Website or the systems of Thenomba.
Thenomba reserves the right to suspend or cancel access to users who violate these conditions.
Registration and contracting of services:
To access certain services, the user may need to register and provide accurate and up-to-date information.
When contracting a program or service:
The user declares that they have the legal capacity to do so.
They accept the financial and access conditions indicated in each case.
They acknowledge that the contents are educational in nature and do not substitute personalized professional advice (legal, medical, financial, etc.).
Intellectual and industrial property:
To access certain services, the user may need to register and provide accurate and up-to-date information.
When contracting a program or service:
The user declares that they have the legal capacity to do so.
They accept the financial and access conditions indicated in each case.
They acknowledge that the contents are educational in nature and do not substitute personalized professional advice (legal, medical, financial, etc.).
Responsibility:
Thenomba does not guarantee the permanent availability of the Website nor the absence of technical errors, although it will make reasonable efforts to correct them. Thenomba will not be responsible for:
Any improper use of the Website by the user.
Personal or professional decisions made based on the contents.
External links to third parties over which it exercises no control.
Modifications:
Thenomba reserves the right to modify these Terms and Conditions at any time. Any modifications will be published on the Website and shall take effect upon their publication.
Applicable legislation and jurisdiction:
The relationship between Thenomba and the user shall be governed by Spanish legislation.
For the resolution of any dispute, the parties submit to the courts and tribunals of [city], unless consumer regulations provide otherwise.
LEGAL WITHDRAWAL CLAUSE AND TERMS OF ACCESS
Statutory Right of Withdrawal (14 Days):
In accordance with Royal Legislative Decree 1/2007 (TRLGDCU), Articles 68 et seq., and Directive 2011/83/EU, the Client has a non-extendable period of fourteen (14) calendar days from the conclusion of the contract to exercise their right of withdrawal, without the need for justification and without any financial penalty.
The Client expressly acknowledges, pursuant to Article 103.l) of the TRLGDCU, that by contracting and requesting the immediate commencement of the service provision—access to digital content, video classes, masterclasses, mentoring, and community—they waive their right of withdrawal from the moment such execution begins, provided they have given express consent and acknowledgment of the loss of the right prior to the start. In the event of a valid withdrawal within the statutory period and without the start of execution, TheNomba will issue a full refund within a maximum of 14 calendar days using the same means of payment used, without withholding any fees.
Express Waiver of Refund Post 14 Days:
Upon the expiration of the 14 calendar days from the conclusion of the contract, the Client expressly, unequivocally, and irrevocably waives any right of withdrawal or refund, regardless of the level of use or enjoyment of the contracted services. This waiver applies to cash payments as well as installment payments (financing), and entails the automatic termination of any linked credit agreement without penalty for the Client, but without any obligation of refund by TheNomba once the service has commenced, in accordance with Articles 71 and 107 of the TRLGDCU and Law 16/2011, of June 24, on Consumer Credit Contracts.
Any request for a refund after said period will be denied as a matter of law. The submission of disputes, chargebacks, or unfounded claims to banking or payment institutions, once the statutory withdrawal period has expired or the contractual waiver has been consummated, shall constitute a material breach of contract and potential bad faith conduct, which may give rise to legal action with costs attributable to the Client, as well as the permanent suspension of their account and the reporting of the event to payment incidence registries.
15-Day Free Trial Period:
TheNomba offers a free trial period of fifteen (15) calendar days for new users, under the following binding conditions:
3.1 Activation and access requirements
The free trial requires the registration of a valid payment method (credit/debit card or equivalent). This information is securely stored and will not be charged during the trial period, except in case of breach of these conditions. Access will not be granted without a verified payment method.
3.2 Automatic conversion to paid subscription
Unless the Client expressly cancels their subscription at least 24 hours prior to the end of the trial period, the contract will automatically convert into a paid subscription at the price in effect at the time of activation. The Client will receive an email notification at least 72 hours prior to such conversion, in compliance with Article 97.1.l) of the TRLGDCU and transparency best practices in digital contracting.
3.3 Trial period usage limit:
The free trial period is personal, non-transferable, and applicable only once per natural person, email address, device, IP address, and payment method. Any attempt to obtain multiple trial periods through the creation of duplicate accounts, use of false data, VPNs, single-use virtual cards, or any other evasion mechanism shall constitute contracting fraud, authorizing TheNomba to terminate access without prior notice, withhold any benefits obtained, and, if applicable, take legal action.
3.4 Access restrictions during the trial:
During the trial period, access may be functionally limited at the discretion of TheNomba. Full access to all modules, mentoring, and the private community may require the activation of the paid subscription. TheNomba reserves the right to modify, suspend, or cancel the trial period at any time, with notice to the user, without this creating any right to compensation.
3.5 Prohibition of system abuse:
It is expressly prohibited to:
• Share access credentials with third parties during or after the trial period
• Download, duplicate, or redistribute content from the platform
• Use the trial period for competitive purposes, business intelligence, or content scraping
• Attempt to access unauthorized features or accounts of others through reverse engineering, system breach, or any unauthorized technical means.
Failure to comply with any of these prohibitions will result in the immediate termination of access, claims for damages, and, if appropriate, reporting to the competent authorities in accordance with Organic Law 10/1995 of the Penal Code (Articles 197 bis et seq. regarding computer crimes) and Law 34/2002 (LSSICE).
Protection against Chargebacks and Payment Fraud:
By contracting and/or activating the trial period with a registered payment method, the Client expressly agrees that:
• TheNomba will maintain technically and legally valid records (access logs, IPs, timestamps, email confirmations, acceptance of terms) that can be used as evidence in any banking or legal dispute.
• The filing of an unjustified chargeback once the statutory withdrawal period has expired or the free trial has been consummated will be considered an attempt of misappropriation of the service, and TheNomba will provide all supporting documentation to the corresponding payment institution to resolve the dispute in favor of the platform.
• Any Client who files a fraudulent chargeback will be permanently barred from accessing the services of TheNomba and its associated brands.
Validity and Severability:
This clause is absolutely null and void only if duress, willful misconduct, or the absence of clear and accessible pre-contractual information is proven. The invalidity of any specific section shall not affect the validity of the remainder of the clause, which shall remain in full force and effect (principle of contract severability, Article 10 LCGC).