Terms of Service
For the xNomad group: Nomadic Retail AB (Sweden), Minoa Retail SARL (France) and xNomad Inc. (United States)
Last updated: 30 July 2026 — Effective: 13 August 2026
Platform Terms
1 Who we are and what these Terms cover
1.1 Who we are
xNomad runs an online marketplace that connects brands, agencies and other occupants ("Brands") with owners and managers of commercial spaces ("Landlords") for short-term retail and pop-up rentals. "xNomad", "we" and "us" mean the xNomad group company you contract with under Section 3. "You" means the business using the Platform; Brands and Landlords together are "Users".
1.2 The structure of these Terms
These Terms run as one numbered sequence, sections 1 to 51, in four chapters: the Platform Terms (sections 1 to 27) set the rules for everyone; the Cancellation and Refund Policy (sections 28 to 37); the Landlord Subscription Terms (sections 38 to 41); and the Space License Agreement (sections 42 to 51), which applies to a booked space when the parties sign nothing else. If a specific chapter conflicts with the Platform Terms for a specific question, the specific chapter prevails.
1.3 We are an intermediary only
xNomad is not a real estate broker or agent, property owner, property manager, landlord, sublessor, retailer, insurer or decorator. We introduce Brands and Landlords, run the booking and payment flow, and act as the Landlord's limited payment-collection agent. The rental contract for a space is between the Brand and the Landlord. We are not a party to it, except as that limited payment agent.
1.4 Acceptance
By creating an account, using the Platform or making or accepting a Booking, you agree to these Terms. You must be at least 18 and able to enter into binding contracts. If you act for a company, you confirm that you can bind it, and "you" means that company. The Platform is for business use only; Section 16 states what that means.
1.5 Interpretation
In these Terms, "including" means "including but not limited to", and "will" states an obligation with the same force as "must".
2 Key terms
- (a) "Platform" means the xNomad websites (currently xnomad.co and thestorefront.fr thestorefront.nl, thestorefront.it, thestorefront.hk), apps and related tools. "Services" means everything we provide through or around the Platform.
- (b) "Booking" means a rental of a space arranged through the Platform. A Booking is confirmed when the Landlord has accepted the Brand's request and we have processed the Brand's payment; we then send both parties a confirmation through the Platform.
- (c) "Booking Amount" means the total price the Brand pays for a Booking, excluding taxes and any Security Deposit.
- (d) "Service Fee" means our commission for a Booking. The Service Fee is included in the Booking Amount and comes out of the Landlord's payout. Unless we display or agree on a different rate for a listing or Booking, the Service Fee is 20% of the Booking Amount, unless otherwise notified in writing. We earn the Service Fee when the Booking is confirmed.
- (e) "Landlord Payout" means the Booking Amount minus the Service Fee.
- (f) "Move-In Date" and "Move-Out Date" mean the start and end dates stated in the Booking. Where no time of day is stated, both take effect at 12:00 local time at the space.
- (g) "Security Deposit" means an amount the Landlord requires as security under Section 10.
- (h) "Introduction" has the meaning in Section 13.
3 Your contracting entity and governing law
Three group companies operate the Platform. Which one you contract with depends on your role:
- A Landlord listing a space in France: Minoa Retail SARL, Paris (RCS Paris 939 589 164) (French law)
- A Landlord listing a space in the United States: xNomad Inc. (Law of the U.S. State where the space is)
- A Landlord listing a space anywhere else: Nomadic Retail AB, Stockholm (Swedish law)
- A Brand established in France: Minoa Retail SARL (French law)
- A Brand established in the United States: xNomad Inc. (Law of the U.S. State where the booked space is located; otherwise, including for matters not tied to a U.S. space, Delaware law)
- A Brand established anywhere else: Nomadic Retail AB (Swedish law)
Three rules complete the picture. First, a different entity, law or forum applies only if you and we agree on it in writing for a specific deal. Second, the license over the space itself (the Space License Agreement, sections 42 to 51) is governed by the law of the country where the space is located, because property and tenancy rules there are mandatory; that chapter says so. Third, Section 27 decides the forum: the national courts in Section 27.2 hear domestic disputes, and SCC arbitration under Section 27.3 hears international ones.
This means the two sides of one Booking can have different platform contracts. Example: a Swedish Brand books a Paris space. The Brand's platform contract is with Nomadic Retail AB under Swedish law; the Landlord's is with Minoa Retail under French law; the license over the Paris space follows French property rules. Each contract stands on its own, and this Section decides which applies to which question.
4 Marketplace bookings and offline deals
Most Bookings are made and paid entirely on the Platform, with no separately signed contract between Brand and Landlord. For those, the Platform Terms, the Cancellation and Refund Policy and the Space License Agreement govern the Booking together.
For larger or offline deals, we may sign a separate written agreement with you. That signed agreement prevails over these Terms where the two conflict, except that the Service Fee, Section 13 (non-circumvention) and Section 20 (liability) continue to apply unless the signed agreement expressly changes them. For an offline deal, the Service Fee is the rate stated in that agreement or, if none is stated, the default rate in Section 2(d).
5 Accounts and verification
You must keep your account credentials confidential and you are responsible for activity under your account. You must tell us promptly at hello@xnomad.co if you suspect misuse. We may suspend your account, subject to Section 17, if we reasonably believe that you have breached these Terms or that you lack authority for the entity you claim to represent.
We may ask you at any time for information we reasonably need to verify your identity, business registration, VAT status or authority over a listed space, and we may suspend the account or listing until you provide it. Our payment processor runs its own identity and payment checks (KYC) under its own terms.
6 Landlord terms
6.1 Listing warranties
When you list a space, you warrant that:
- (a) you have the right and authority to list the space and to permit short-term commercial use, and neither the listing nor the permitted use breaches any lease, head-lease, mortgage, co-ownership rule or other agreement;
- (b) the space is safe, free of hazards you know of, and complies with applicable zoning, building, fire-safety and accessibility rules;
- (c) the listing (location, size, capacity, features, availability, pricing, rules and financial terms) is accurate and kept current, and you own or control the rights in the photos and text you upload; and
- (d) you keep availability current across all channels and do not offer a space that is not available.
- (e) You have the rights to use images and information provided for the purposes of creating the listing on our Platform.
6.2 Requests and offers
You must answer booking requests and inquiries within 48 hours of their delivery through the Platform; if you do not, we may treat the request as declined. If you issue or accept an offer with a validity period, you must not offer the same space to anyone else for the same dates until that period ends.
6.3 Works
You must tell us and the Brand in writing, before a Booking is confirmed, about any planned or ongoing works that affect the space (visibility, area, access, capacity or availability). If you do not, and the Brand cancels for that reason, Section 31 applies: you fund the refund, in full or, for a mid-term termination, for the unused share of the Booking Amount.
6.4 No contact details in listings
Listings and pre-Booking messages must not contain phone numbers, email addresses, websites or anything else that enables off-Platform contact. We may redact or remove them. This supports Section 13.
6.5 Unauthorized listings
If you believe someone listed a space without the owner's or manager's authority, report it to hello@xnomad.co with enough detail to identify the listing and your interest. We review reports promptly and may remove or suspend the listing. The User who created the listing is responsible for the listing and must indemnify us under Section 21 for claims the listing causes.
6.6 Our checks
We may visit, photograph and review spaces and listings to keep the marketplace accurate, and we may decline or remove a listing. Our checks do not make us responsible for a listing: you remain responsible for your space, your listing and your legal compliance.
7 Brand terms
When you book a space, the following applies:
- (a) Listings are the Landlord's statements, not ours. You should visit the space before booking where you can. If you book after visiting, you accept the space as it is, and dissatisfaction alone is not a ground to cancel outside the Cancellation and Refund Policy.
- (b) You must use the space lawfully and only for the agreed use, must not disturb neighbors, must not exceed permitted occupancy, and must not alter the space without the Landlord's prior written consent.
- (c) You are responsible for every permit, license or authorization your activity needs. Neither we nor the Landlord obtains them for you.
- (d) You must leave the space clean and in the condition you received it. You authorize the Landlord to claim, and us to charge your payment method for, the documented cost of damage you cause, up to the Security Deposit amount stated in the listing and following the process in Section 10. The Landlord claims anything above that from you directly.
- (e) You must disclose at the booking request any intended use that creates unusual risk or disruption or that is commonly restricted: alcohol or tobacco; weapons; fireworks; live animals; healthcare or pharmaceuticals; tattooing or massage; sexually explicit content; concerts, press events or filming; free-goods distribution; second-hand sales; vehicles or heavy machinery. Disclosure lets the Landlord check its lease, building rules and insurance. If you hide such a use, you are responsible for the cancellations and damage that follow.
8 Add-ons and partner services
We may offer add-on services around a Booking, such as design and furniture, staffing, cleaning, marketing, analytics, point-of-sale or permits assistance. Unless we state otherwise, partners provide these services under their own terms. We arrange the introduction and the payment flow, and we route complaints to the partner and help you seek a fix, but we do not provide the partner's service and are not liable for it. Larger agency engagements (for example multi-store rollouts) run under a separate written agreement, which prevails for those services.
9 Payments, the Service Fee and payouts
9.1 How payment works
The Brand pays the Booking Amount (plus applicable taxes and any Security Deposit) through our payment processor, currently Stripe Payments Europe Ltd for the EU entities and Stripe, Inc. for xNomad Inc., including connected-accounts solutions. We act solely as the Landlord's limited payment-collection agent: payment to us or our processor discharges the Brand's payment obligation to the Landlord. We are not a payment institution or an electronic-money institution. The processor executes payments under its own terms, which you accept directly with it, including its KYC checks and timing.
9.2 The Service Fee
Prices shown to Brands include the Service Fee. We deduct the Service Fee from each payment and remit the Landlord Payout to the Landlord. We earn the Service Fee when the Booking is confirmed, because the fee pays for work already done: matching, checks, contracting and payment handling. The Service Fee is non-refundable except where the Cancellation and Refund Policy says otherwise.
9.3 Payouts
We release the Landlord Payout on a weekly cycle after the Brand takes access on the Move-In Date. If a Booking ends before access (cancellation, no-show or default), we instead pay each party what the Cancellation and Refund Policy allocates to it, within 14 days of the allocation becoming final, and we may hold funds for as long as that Policy requires (for example, during a dispute under Section 33). Brands should note: once we have paid the Landlord out, amounts the Cancellation and Refund Policy makes the Landlord owe are the Landlord's debts to the Brand, not ours (Section 28.2).
9.4 Taxes
Prices and fees exclude taxes unless stated. Each party is responsible for its own taxes, including declaring rental income. For cross-border B2B supplies in the EU we apply the VAT rules, including the reverse charge where the conditions are met and the counterparty's VAT number validates. We invoice the Service Fee under the rules that apply to your xNomad contracting entity.
9.5 Late payment
If you do not pay us on time, we may charge statutory late-payment interest and recovery costs under the law that governs your contract under Section 3, and we may suspend the Services concerned until you pay.
10 Security Deposits
A Landlord may require a Security Deposit. Where the listing offers it, we collect the Security Deposit through the Platform after the Booking is confirmed and before the Move-In Date, and our processor holds it. Otherwise the Landlord collects and holds it and must follow the law that applies to deposits. Either way, the Security Deposit secures the Brand's obligations; it is not a cap or measure of the Landlord's damages, and it earns no interest unless the law requires.
The claims process is the same in both cases:
- (a) We encourage both parties to complete a joint condition report at move-in and at move-out. If there is no move-in report, the parties treat damage identified at move-out as having arisen during the Booking.
- (b) A Landlord who wants to keep any part of the Security Deposit must notify the Brand and us within 72 hours after the Move-Out Date or, if the Booking ends earlier, after the end of the Booking, and must, within 7 days after that notice, provide a reasonably detailed description of the damage and evidence: photos, the condition reports, quotes or invoices.
- (c) If the Landlord, after giving the Brand and us notice and reasons, applies part of the Security Deposit during the Booking to fix a default or damage, the Brand must restore the Security Deposit to its original amount.
- (d) We (or the Landlord, where it holds the deposit) return the undisputed balance within 10 days of the Move-Out Date or, if the Booking ends earlier, within 10 days of the cancellation taking effect. A properly notified and evidenced claim suspends only the disputed portion until the parties resolve it.
- (e) We may hold or release disputed amounts we control pending resolution, and we may limit a Landlord's account if a retention appears to us unsupported or abusive. The dispute itself is between the Brand and the Landlord; if they cannot resolve the dispute, a court decides.
11 Insurance
A Brand must hold commercial general liability insurance with a minimum insured amount of EUR 1,000,000 per occurrence (or the equivalent in the local currency), covering damage to the space and to the contents of the space, and liability to third parties, for the whole Booking. If we or the Landlord ask, the Brand must provide a valid certificate of that insurance, at the latest before the Move-In Date. A Landlord must insure the space itself appropriately for short-term commercial use. We are not an insurer and do not vouch for anyone's coverage. Where we offer optional insurance products, a partner insurer provides those products under its own terms.
12 Your content and our IP
12.1 Our IP and your right to use the Platform
The Platform, its software, design and data belong to us or our licensors. You may use the Platform only for its normal purpose while registered, and you must not copy, scrape, index, frame, reverse engineer or build derivative works from it without our written consent.
12.2 Your content
You keep ownership of what you upload (listing photos, text, brand material). You grant the xNomad group a worldwide, non-exclusive, royalty-free, sublicensable license to use it to run, provide, promote and improve the Services. After your registration ends, the license continues for 3 years, but only for existing case studies, marketing archives and record-keeping, and we start no new promotional use of your content in that period if you ask us in writing; after those 3 years we retain your content only in archived records. Using an identifiable person's image, voice or name needs that person's separate, revocable consent; you are responsible for getting it, keeping it on file and providing it to us on request. You warrant that you have the rights to grant this license and that your content infringes no one's rights.
12.3 Feedback
We may use your suggestions about the Services without restriction or payment; you keep no claim to them.
12.4 Co-marketing
We may name and show completed activations (Brand, space, non-confidential facts) in case studies and marketing, online and offline. You may opt out in writing up to 15 days before your event or, for Bookings made closer to the event, at booking. Using a Brand's logo beyond this needs its consent.
13 Non-circumvention
13.1 Why this Section exists
This Section protects the Service Fee when the Platform or our team creates the connection between a Brand and a Landlord or a space.
13.2 Introduction
An "Introduction" happens the first time a User sends or receives a booking request, inquiry, offer or message about a specific space or counterparty through the Platform or through our team (including by email, phone, messaging or a viewing we arrange). The other party is an "Introduced Counterparty". Browsing listings and receiving our one-way marketing messages do not create an Introduction.
13.3 The restricted period
The restrictions in this Section run for 36 months from the later of: (a) the Introduction; and (b) the scheduled Move-Out Date of the last confirmed Booking between the same Brand and Landlord, whether or not that Booking was later canceled.
13.4 The core rule
During the restricted period you must not, directly or through anyone else (an affiliate, employee, agent or interposed person), conclude, invoice or pay for a rental, license or similar transaction with an Introduced Counterparty for a space identified through the Platform, other than through the Platform, unless we consent in writing. You must not pass on contact details for that purpose or encourage anyone to bypass the Platform. The rule still applies when the Introduced Counterparty approaches you directly.
13.5 Fee still due
If a transaction covered by Section 13.4 happens off the Platform, you owe us the Service Fee we would have earned had it run through the Platform. The fee is computed on the transaction value: the total price agreed on for the off-Platform transaction, excluding VAT and deposits, counting a maximum term of 36 months where the term is longer or indefinite, and including renewals exercised within the restricted period. If a court or tribunal finds the fee excessive for a specific transaction, the fee applies at the highest amount that court or tribunal finds enforceable, instead of failing entirely. The rate is the rate that applied to the listing or Booking concerned or, absent one, the default rate in Section 2(d). This is a payment obligation for services already delivered (the Introduction), not a penalty.
13.6 Declare and pay
If you declare the off-Platform transaction to us in writing within 7 days of concluding it and pay the Section 13.5 fee within 14 days of our invoice, we will not claim damages under Section 13.7 for that transaction.
13.7 Liquidated damages
If you conceal a transaction covered by Section 13.4, we may claim, instead of the Section 13.5 fee, liquidated damages of 3 times that fee. You agree this is a genuine pre-estimate of our loss, which is real but hard to quantify: the lost fee, the lost marketplace data and enforcement costs. The Brand and the Landlord involved are jointly and severally liable; between themselves, they bear the loss according to their conduct. A party that complied with Section 13.9 for the transaction concerned is not jointly and severally liable under this Section 13.7. For breaches of this Section that involve no concluded transaction (for example a failure to report under Section 13.9), we claim only our actual loss. We may also suspend or close accounts and seek an injunction.
13.8 Carve-out: pre-existing relationships
This Section does not apply to a transaction with a counterparty with which you can show a documented commercial relationship concerning the same space, dating from before the Introduction. You bear the burden of evidencing that relationship.
13.9 Duty to report
If an Introduced Counterparty approaches you to transact off the Platform, you must tell us within 7 days of the approach. Staying silent is itself a breach of this Section.
13.10 Evidence
Platform messages and our system logs and timestamps are the primary evidence of an Introduction, of its date and of a breach. We keep these records as long as we need them to enforce this Section (Section 24).
13.11 Survival
This Section survives termination of your account and of these Terms until every restricted period under it has ended.
14 Acceptable use
You must not use the Services for anything unlawful; upload false, misleading, infringing or defamatory content; interfere with the Platform's security or operation; introduce malicious code; scrape without consent; send spam; misrepresent who you are or what you may sign for; or transfer your account without our consent. We may monitor Platform communications for security, quality, evidence and compliance purposes (Sections 13.10 and 24), and we report serious breaches to the authorities; we disclose your identity with such a report where the law requires us to.
15 Tax reporting (DAC7)
As a platform operator we must report income that Landlords earn through the Platform, under Directive (EU) 2021/514 (DAC7) as implemented in the Member State of your contracting entity and in every other Member State where you earn reportable income (in France, arts. 242 bis and 1649 ter A to 1649 ter E, Code général des impôts; in Sweden, Lag (2022:1681) and Lag (2022:1682)), and under equivalent platform-reporting rules elsewhere, for example in the United Kingdom. Landlords must give us the information the law requires (identity, tax identification numbers, VAT number where applicable) and keep it current. We may suspend payouts or listings of a Landlord who does not. Each User remains responsible for its own tax filings and payments.
16 Business use only
The Platform and the Services are for business use only. By using them, you represent and warrant that you act in the course of a business, as a company or as an individual entrepreneur, and not as a consumer, and that every listing, Booking and subscription you make serves that business. We may ask for evidence, such as a company registration number or VAT number, and we may suspend or close an account, following the process in Section 23(c), if you cannot provide it.
If a mandatory rule of law nevertheless treats a User as a consumer despite this Section, that rule prevails over these Terms to the extent it applies; the rest of these Terms stays in force.
17 Breach and sanctions
These obligations are essential: paying what you owe; the accuracy of your information and listings; complying with Section 13; not using the Platform for anything illegal or fraudulent; and cooperating in good faith with us and with the other side of your Booking.
If you breach an essential obligation, we may remove the listings and content involved and cancel affected Bookings. For any other breach, we will give you 15 days to fix the breach before we act. If we cancel a Booking under this Section, the Cancellation and Refund Policy allocates the money by cause: Section 31 where the Landlord caused the cancellation, Section 37 where the Brand did, and Section 34 logic (refund of unused amounts) where neither did. Section 36 governs instead where we cancel for security or fraud reasons.
Every restriction, suspension or termination of an account or a listing follows the process in Section 23(c): a statement of reasons, and 30 days' notice of a full termination, except where a legal obligation, repeated infringement, fraud, illegal content or activity, or a security risk justifies acting immediately. We may always suspend immediately where the law obliges us to, and we may claim damages for any breach.
18 Force majeure
Neither you nor we are liable for a failure to perform caused by an event outside the affected party's reasonable control that the affected party could not reasonably foresee or avoid, such as natural disasters, fire, flood, war, riots, terrorism, general strikes, epidemics or pandemics, or government measures that prevent access to or use of a space (a "Force Majeure Event"). The same rule applies between the Landlord and the Brand for their Booking. The affected party must notify the other party without delay and limit the damage. Obligations to pay for what has already been provided remain. Cancellations connected to a Force Majeure Event follow Section 34.
19 What we do not promise
We provide the Services with reasonable care and skill. We do not promise more than that. In particular, we do not promise uninterrupted or error-free operation, we do not guarantee any listing, space, User statement, inquiry volume or revenue, and we do not answer for the conduct of Users. You deal with other Users at your own judgment. Some laws give you rights that cannot be excluded; this Section does not restrict, exclude or modify them.
20 Liability
20.1 No indirect loss
We are not liable for indirect or consequential loss, or for lost profit, revenue, data, goodwill or business opportunity, arising from the Services or a Booking, whatever the legal basis.
20.2 Cap
Our total liability to you for everything arising in or around these Terms in any 12-month period is capped at the greater of: (a) the sum, for that 12-month period, of the Service Fees we earned on your Bookings and the subscription fees you paid us; and (b) EUR 100. "We" here includes every xNomad group company and their officers, directors and employees, taken together.
20.3 What the cap never touches
Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud or intentional misconduct, for gross negligence where the law does not allow that limit, or for anything else that cannot lawfully be limited. If a mandatory rule makes part of this Section ineffective against you, the rest still applies.
21 Indemnity
You must indemnify the xNomad group companies and their officers, directors and employees against claims, damages, costs and reasonable legal fees arising from your breach of these Terms, your content, your listings, your use of a space, or your violation of law or third-party rights. We may take over the defense of an indemnified claim; if we do, we bear the defense costs from that point and you must cooperate.
22 Illegal content and takedown
We host content published by Users. Anyone may report allegedly illegal content to hello@xnomad.co, with enough information to find and assess the content. We review reports diligently, may remove or block content, and tell the affected User our decision and reasons, in line with Regulation (EU) 2022/2065 (Digital Services Act) as it applies to a platform of our size. Our contact point for authorities and users is hello@xnomad.co. We have no general obligation to monitor content.
23 Transparency and process
Because the Platform serves business users, we apply the following in line with Regulation (EU) 2019/1150:
- (a) Changes. We give you at least 30 days' notice, on a durable medium, of any change to these Terms (Section 25). You may terminate before the changes take effect.
- (b) Ranking. The main parameters that rank listings, in decreasing weight: match with the search (location, dates, size, features); listing quality and completeness; the Landlord's responsiveness and booking record; and subscription status, because a Premium subscription (sections 38 to 41) improves visibility relative to equivalent listings, while Basic listings remain visible within their monthly request cap. If we restrict, suspend or terminate your account or listing, we give you the reasons on a durable medium, at or before the time the measure takes effect, and for a full termination at least 7 days ahead, except where a legal obligation, repeated infringement, fraud, illegal content or a security risk justifies acting immediately.
- (c) Complaints. Raise complaints about any of this at hello@xnomad.co. We handle them promptly and in good faith.
24 Privacy
Your contracting entity processes personal data as controller, as the Privacy Policy on the Platform describes, under the GDPR and national law. We minimize data, keep it only as long as needed (including to enforce Section 13), and use processors, including our group companies, payment processor and EU-based hosting, under art. 28 GDPR agreements. Where data leaves the EEA, for example within the group to xNomad Inc., we use lawful transfer mechanisms; the Privacy Policy has the details. You can exercise your data rights at dpo@xnomad.co and complain to your supervisory authority (CNIL in France, IMY in Sweden). Landlords and Brands are independent controllers of the personal data they receive about each other's people through a Booking.
25 Changes to these Terms
We may change these Terms for legal, regulatory, security or product reasons. We notify every change by email or another durable medium at least 30 days before it takes effect, and post the new version on the Platform (new Users are bound from first use). If you do not accept a change, you may terminate before the effective date, and we refund the unused part of any prepaid subscription pro rata. If you keep using the Platform after the effective date, that counts as acceptance.
26 General
- (a) Entire agreement. These Terms, the documents they reference and any signed agreement under Section 4 are the whole agreement on their subject and replace earlier drafts and discussions.
- (b) Severability. If a clause fails, the rest stands, and the failed clause is read as the closest valid version of itself.
- (c) No waiver. Not enforcing a clause today does not waive it for tomorrow.
- (d) Assignment. You need our written consent to assign these Terms or your account. We may assign within the xNomad group or in a merger, acquisition or asset sale, provided your rights are not materially reduced.
- (e) No partnership. These Terms create no partnership, joint venture, employment or agency, except the limited payment-collection mandate in Section 9.
- (f) Third parties. Each xNomad group company may enforce these Terms. No one else has rights under them, except as the Space License Agreement states.
- (g) Hardship. You waive the right to invoke hardship revision regimes, including art. 1195 of the French Code civil, to revise or terminate these Terms.
- (h) Language. These Terms are drafted in English. Translations may be provided for convenience; the English version prevails.
- (i) Survival. Accrued payment obligations, Section 13, IP licenses, liability limits, indemnities and the dispute provisions survive termination.
27 Disputes
27.1 Talk to us first
You and we attempt to settle any dispute amicably for 30 days from the day either of us notifies the other of the dispute in writing, before either of us starts proceedings. This step does not prevent urgent injunctive relief.
27.2 Governing law and courts
Subject to Section 27.3:
- (a) Minoa Retail SARL: French law governs; the competent courts of Paris decide.
- (b) Nomadic Retail AB: Swedish law governs; the Stockholm District Court decides at first instance.
- (c) xNomad Inc.: the law of the U.S. State where the relevant space is located governs; where no U.S. space is involved, Delaware law. Disputes go to the courts of that State (or Delaware, respectively).
27.3 International disputes: SCC arbitration
A dispute is international when you and your xNomad contracting entity are established in different countries, or when the booked space lies in a country other than yours. To the extent the law allows, you and we will finally settle every international dispute by arbitration under the SCC Rules for Expedited Arbitrations of the SCC Arbitration Institute. The seat is Stockholm, Sweden; the language is English; and the arbitration proceeds on an individual basis. Section 27.3 replaces the courts named in Section 27.2 for international disputes. It does not prevent either party from seeking urgent injunctive relief from a competent court, and disputes between Landlord and Brand under the Space License Agreement stay with the courts of the space's country (Section 51). If a competent court refuses to enforce this arbitration agreement for a specific dispute, the courts in Section 27.2 decide that dispute.
Cancellation and Refund Policy
28 General
28.1 Scope and refunds
This Policy governs cancellations and refunds for Bookings. If a Brand and a Landlord sign a separate agreement with different cancellation terms, the signed terms prevail between them, but the Service Fee stays non-refundable unless we agree otherwise in writing (Section 35). We pay refunds to the original payment method within 30 days of the refund falling due under this Policy. Every refund carries the taxes charged on the refunded amount, and we issue corrective invoices where required. Two amounts drive everything: the Booking Amount (what the Brand paid, excluding taxes and Security Deposit) and the Landlord Payout (Booking Amount minus Service Fee); Section 2 defines both. For a Booking that has partly run, the unused share of an amount means that amount multiplied by the days the Brand cannot occupy, divided by the total days booked.
28.2 Who funds what
While we hold the money, we execute refunds and allocations from what we hold. Once we have paid the Landlord out (Section 9), amounts this Policy makes the Landlord owe are the Landlord's debts to pay directly; we may collect them by deducting from sums our processor holds for the Landlord or from future payouts, but we do not fund them ourselves (Section 33).
29 Brand cancellations
When publishing a space, the Landlord picks cancellation policy ; the Brand sees the cancellation policy before booking. Refunds apply to the Landlord Payout; the Service Fee is not refunded. A Brand that leaves early receives no refund for the unused days. A Brand that neither cancels nor takes access is treated as having canceled on the Move-In Date.
- 30 days or more before the Move-In Date: 50% of the Landlord Payout. Under 30 days: nothing.
The tiers do not apply where the Brand cancels for the Landlord's breach; Section 31 applies instead.
30 Landlord cancellations
A Landlord who cancels a confirmed Booking bears the costs this Section sets out. The Landlord funds everything in this Section (Section 28.2), and we may delist the space or close the account under Section 23(c).
- (a) Effect before the Move-In Date: The Brand gets back 100% of the Booking Amount. We return everything we still hold, and the Landlord reimburses us the Service Fee portion, because we earned the fee and the Landlord caused the refund.
- (b) Effect on or after the Move-In Date: The Landlord must notify the Brand in writing at once, and owes the Brand: (1) the unused share of the Booking Amount, as a refund; and (2) Early Revocation Damages equal to the unused share of the Landlord Payout, on top of the refund. The parties agree the Early Revocation Damages are a genuine pre-estimate of the Brand's loss from a canceled activation. We keep the Service Fee we earned.
31 Landlord breach
If the Brand cancels because the Landlord breached, including undisclosed works (Section 6.3) or a space that materially fails to match the listing, the tiers do not apply. If the breach prevents the Booking before or at the Move-In Date, the Brand gets back 100% of the Booking Amount. If the Brand terminates mid-term for the breach, the Brand gets back the unused share of the Booking Amount, and keeps its other legal remedies. The Landlord funds these refunds, including the Service Fee portion, in the way Section 30(a) describes and, after payout, as a direct debt under Section 28.2.
32 Mutual cancellation
The Brand and the Landlord may agree in writing to cancel at any time. The Brand gets back the Landlord Payout or, mid-term, the unused share of the Landlord Payout; we keep the Service Fee. We execute the refund from funds we still hold; after payout, the Landlord pays it as a direct debt.
33 Off-policy claims and held funds
This Section applies only where a Brand claims a cancellation or refund on grounds of Landlord breach, non-conformity or fraud outside the tiers; a claim that the tiers already answer is decided by the tiers. On such a claim we may notify the Landlord and hold the amounts we still control. If the parties document no agreement within 30 days of our notice and the Brand supports its claim with evidence we reasonably find sufficient, we may deduct our Service Fee, refund the balance we hold to the Brand on the Landlord's behalf, and treat the Booking as canceled. Once we have paid out to the Landlord, we do not fund refunds ourselves: the Brand's claim lies against the Landlord as a direct debt.
34 Force Majeure Events
If a Force Majeure Event (Section 18) prevents a Booking in whole or in part, either party may request cancellation. We confirm Force Majeure cancellations in writing and do not unreasonably withhold confirmation; we may follow designations by competent authorities (for example WHO or national governments) for event-wide policies. On confirmation, the Brand gets back the Landlord Payout or, for a Booking already partly run, the unused share of the Landlord Payout; consistent with Section 18, days already used stay paid. If a Force Majeure Event interrupts a Booking for part of its term, the Brand gets back the share of the Landlord Payout for the lost days, computed like the unused share, and the Booking otherwise continues. If the Force Majeure Event prevented the Booking entirely, we also refund the Service Fee; otherwise we keep it. Refunds run from funds we still hold; after payout, the Landlord owes them as a direct debt, and we do not cover a Landlord's failure to pay.
35 Alternative terms
The Brand and the Landlord may agree on different cancellation terms in writing; those prevail between them. The Service Fee stays non-refundable unless we agree otherwise in writing.
36 Cancellation by us
We may cancel a Booking for security or fraud-prevention reasons. We then refund everything we received for it, including taxes and the Security Deposit, unless we reasonably believe a party took part in the fraud or misuse; in that case we may withhold the amounts attributable to that party for up to 90 days while we investigate, then refund, offset against what that party owes, or hand over to the authorities, as the outcome requires.
37 Brand default
If the Landlord terminates the Booking for the Brand's unremedied material default (Section 47), this is not a Landlord cancellation: Section 30 does not apply, the Brand gets no refund for the unused term, and the Landlord may claim against the Security Deposit (Section 10) and under the indemnity in Section 49.
Landlord Subscription Terms
Sections 38 to 41 govern Landlord subscriptions. There is no separately signed subscription contract; those sections and your order flow govern. The Service Fee under Section 2(d) applies to Bookings in addition to, and independently of, any subscription.
38 Basic and Premium
- (a) Basic is free and capped: your listing is searchable and can receive up to 3 Brand requests per space per month, with 1 published space per account. The counter resets on the 1st of each month; when you hit the cap, the listing is hidden until the counter resets or you upgrade.
- (b) Premium costs EUR 49 per space per month, plus VAT where applicable. It gives unlimited Brand requests and bookings across the group's marketplaces (currently xnomad.co and thestorefront.fr), better search visibility, a Premium badge and expanded statistics. You can add multiple spaces, each with its own subscription.
A listing becomes visible ("Published") within 24 hours of subscribing or of passing our listing review. If your listing is not Published within 7 days of payment, we refund the subscription if you ask us. If you also hold a legacy Storefront Premium subscription for the same space, you must cancel that legacy subscription before subscribing here; if you are double-billed for the same space and period across group brands, we refund the duplicate if you ask us.
39 Billing and renewal
We charge the subscription price when you subscribe. Each period lasts 1 month from the day your listing is Published; where the next month is shorter, the period ends on its last day. The subscription renews automatically, and we charge each renewal on the first day of the new period, at the price in effect for your subscription on the renewal date (Section 40). You keep access through the whole period you paid for.
40 Price changes
We may change subscription prices or billing mechanics with at least 30 days' written notice. The new price applies from the first renewal after the notice period ends. If you do not accept the new price, you may cancel before that renewal; Section 25 applies to Terms changes generally.
41 Cancellation
You may cancel at any time in-product or via hello@xnomad.co. Cancellation stops future renewals and takes effect at the end of the current paid period; there is no refund or proration for the rest of a running month, except where Section 25 (Terms changes), Section 38 (duplicate billing or non-publication) or mandatory law gives one. On expiry or non-payment, the listing reverts to Basic (Section 38(a)); you keep access to edit it.
Space License Agreement
42 How this Space License applies
We recommend that Landlord and Brand sign a license or lease tailored to their Booking. At booking, both parties accept this Space License electronically as part of these Terms. If they sign nothing else before the Move-In Date, this Space License is their contract for the space. If they sign their own agreement, it replaces this Space License. We are not a party to this Space License; it binds the Landlord and the Brand to each other, and Section 50 names us as a third-party beneficiary. The law of the country where the space is located governs this Space License.
43 License and term
The Landlord grants the Brand a personal, non-transferable, revocable license to use and occupy the space from the Move-In Date to the Move-Out Date. The license price is the Booking Amount and includes utilities (electricity, water, heat, air-conditioning, internet) up to the space's ordinary operating levels, unless the listing said otherwise; the listing may price extraordinary usage separately. The Brand must request and book any extension through the Platform, subject to the space's availability.
44 Security Deposit
If the Landlord requires a Security Deposit, Section 10 governs how it is collected, held, claimed against, topped up and returned.
45 Using the space
The Brand must use the space only for the agreed use, lawfully, within the building rules and any master-lease restrictions disclosed to it. The Brand must not alter the space without the Landlord's prior written consent, must not disturb neighbors, and must not share or sublicense the space. The Brand must hold the insurance Section 11 requires and show proof on request. The Landlord may enter on reasonable notice to inspect or make necessary repairs.
46 Condition, handover and return
46.1 Handover and return
The Brand takes the space as it is at handover. We recommend that the Landlord and the Brand complete a joint condition report at move-in and at move-out; Section 10(a) governs the effect of a missing move-in report. At the end of the term the Brand returns the space in the condition received, fair wear and tear excepted, removes its property and returns all keys and access devices. The Landlord may remove and store abandoned property at the Brand's cost.
46.2 Holdover
If the Brand stays past the Move-Out Date without the Landlord's written consent, the license has ended: the Brand occupies without right, must leave immediately, and owes the Landlord for each day of holdover twice the daily pro-rata rate of the Booking Amount, plus the damage the delay causes. The parties agree this rate is a genuine pre-estimate of the Landlord's loss from holdover.
47 Default and termination
If a party materially breaches this Space License and does not cure the breach within 10 days of the other party's written notice, the other party may terminate. For a breach that cannot be cured, the other party may terminate immediately on written notice. If the Landlord terminates for the Brand's default, Section 37 applies. If the Brand terminates for the Landlord's default, Section 31 applies. Voluntary cancellations follow the Cancellation and Refund Policy. The Brand must report damage or defects needing urgent attention immediately; late reporting makes the Brand liable for the aggravation.
48 No tenancy
This is a license for a short, temporary use. It creates no lease, tenancy, security of tenure or exclusive possessory right, and the parties exclude every statutory renewal or tenure regime as far as the law allows. The parties must keep the total duration of successive Bookings of the same space by the same Brand within the limits local law sets for occupation without tenure rights (in France, the ceilings of art. L.145-5 of the Code de commerce; in Sweden, the 9-month line of JB 12 kap.), and where local law permits longer occupation only with a waiver, the parties will sign that waiver in the separate form, and with any approval, that law requires. The Brand must keep the space free of liens.
49 Liability between Landlord and Brand
The Landlord is not liable for loss of or damage to the Brand's property unless the Landlord caused it negligently or intentionally. The Brand indemnifies the Landlord against claims arising from the Brand's occupation, from the Brand's staff and guests, or from the Brand's breach of this Space License.
50 Service Fee and non-circumvention
The parties acknowledge that xNomad introduced them and that each is bound to xNomad by these Terms, including the Service Fee and Section 13. Between themselves, the parties also agree not to conclude off the Platform, during the restricted period defined in Section 13.3, any rental, license or similar transaction concerning the space, unless xNomad consents in writing (Section 13.4) or Section 13.8 allows the transaction. The relevant xNomad contracting entity is a third-party beneficiary of this Space License and may enforce this clause directly; a breach triggers Sections 13.5 to 13.7. If a third party claims a broker or finder fee because of this Booking, the party whose engagement of that third party caused the claim must reimburse the other party and xNomad for it.
51 General
This Space License can be signed electronically and in counterparts, and it applies through Booking acceptance even unsigned. Notices go in writing to the addresses in the Booking. The Brand may not assign it without the Landlord's consent. The law of the country where the space is located governs it, and the courts of that country hear disputes under it, subject to any arbitration the parties agree on. If a clause fails, the rest stands.
Contact
Questions about these Terms: hello@xnomad.co
Nomadic Retail AB (org. nr 559201-1299), Sankt Paulsgatan 22 A, 118 48 Stockholm, Sweden
Minoa Retail SARL, 50 avenue des Champs-Élysées, 75008 Paris, France (RCS Paris 939 589 164)
xNomad Inc., 1007 N Orange St. 4th Floor , 3464, Wilmington, DE 19801, New Castle, US, United States