Please read these Terms and Conditions carefully before accessing or using the Nomz.ai Service.
1. Interpretation and Definitions
1.1 Interpretation
Capitalized terms have the meanings provided in this Section or otherwise defined in these Terms. The definitions apply regardless of whether terms appear in singular or plural.
1.2 Definitions
- Affiliate means any entity that controls, is controlled by, or is under common control with the Company, where "control" means direct or indirect ownership of at least fifty percent (50%) of the equity interests or voting securities.
- Application means the mobile application titled "Nomz.ai — AI Calorie Tracker," including all related features, tools, content, and updates.
- Company, We, Us, or Our means Out Thinking Pvt Ltd, a company registered in India, with its registered office in Bengaluru, Karnataka, India.
- Device means any device capable of accessing the Service.
- Service means, collectively, the Application, the Website, associated software, content, AI-powered tools, and any services offered by the Company.
- User Content means any images, photographs, audio recordings, text, metadata, or other content uploaded, submitted, or transmitted by You through the Service.
- Website means nomz.ai and any associated subdomains.
- You means the individual using the Service or the legal entity on whose behalf the individual uses the Service.
2. Agreement to Terms
Your access to and use of the Service is conditioned upon Your acceptance of these Terms and the Nomz.ai Privacy Policy. By accessing or using the Service, You acknowledge that You have read, understood, and agreed to be bound by these Terms. If You do not agree, You must discontinue use of the Service.
3. Eligibility; Age Requirements
You represent and warrant that You are at least 13 years old.
If You are between 13 and 17 years old, You may only use the Service with the consent and supervision of a parent or legal guardian, who agrees to be fully responsible for all activities conducted using the Service.
4. Health, Nutrition, and Safety Disclaimers
Nomz.ai does not provide medical advice, nutritional counseling, or professional health services. All calorie estimates, nutritional insights, and food identifications are automated approximations and may be incomplete or inaccurate.
- Calorie and nutrition estimates are approximations only.
- The Service is not intended to diagnose, treat, cure, or prevent any disease.
- You should consult licensed professionals for dietary or medical guidance.
- The Company is not liable for inaccuracies in calorie counts or food identification.
- Weight loss, gain, or maintenance results may vary and are not guaranteed.
5. User Content; License Grant
By submitting User Content, You represent that You own or have rights to it. You grant the Company a worldwide, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, analyze, process, modify, publish, and create derivative works from the User Content to operate and improve the Service, including training AI models.
You agree not to upload unlawful, harmful, offensive, or infringing content.
6. Prohibited Uses
- Uploading violent, explicit, or unlawful content
- Reverse engineering or competitive analysis
- Circumventing protections or unauthorized access
- Uploading images of individuals without lawful consent
- Interfering with the Service's operation
- Using the Service to develop competing products
- Automated scraping or data extraction
7. Subscription, Billing, and In-App Purchases
Purchases and subscriptions are processed through third-party platforms such as the Apple App Store and Google Play Store. Their terms govern payment processing, renewals, and refunds.
Subscriptions automatically renew unless cancelled at least 24 hours before the current period ends.
8. Third-Party Services
The Service may include links or integrations with third-party content or services. The Company does not control and is not responsible for such services.
9. Intellectual Property
All rights in the Service (excluding User Content) are owned exclusively by Out Thinking Pvt Ltd or its licensors. You may not copy, modify, distribute, sell, or reverse engineer any part of the Service.
10. Termination
The Company may suspend or terminate Your access at any time if You violate these Terms. Upon termination, all rights granted to You immediately cease.
11. "AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided without warranties of any kind, express or implied. The Company disclaims all warranties including merchantability, fitness for a particular purpose, accuracy, and non-infringement.
12. Limitation of Liability
To the maximum extent allowed by law, the Company's total liability shall not exceed the greater of the amount You paid in the preceding 12 months, or One Hundred Indian Rupees (₹100).
The Company is not liable for indirect, incidental, or consequential damages, including loss of profits or data.
13. Governing Law
These Terms are governed by the laws of India. You agree to the exclusive jurisdiction of the courts in Bengaluru, Karnataka, India for any disputes arising from these Terms or the Service.
14. Dispute Resolution
Any disputes arising out of or relating to these Terms shall first be attempted to be resolved through good faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through the appropriate courts in Bengaluru, Karnataka, India.
15. Severability and Waiver
If any provision is invalid, the remaining provisions remain in effect. Failure to enforce a right does not constitute a waiver.
16. Changes to These Terms
The Company may update these Terms at any time. Material changes will be announced through reasonable notice. Continued use after updates constitutes acceptance.
17. Contact Information
If You have questions about these Terms, You may contact Us at:
- Company: Out Thinking Pvt Ltd
- Address: Bengaluru, Karnataka, India
- Email: support@nomz.ai