Terms of Use.

1. Acceptance of terms

Welcome to Nodesto ("Company," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of the Nodesto website, mobile applications, and related services (collectively, the "Services").

By creating an account, accessing, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.

2. Description of services

Nodesto is a social food network platform that enables users to:

• Discover restaurants, cafes, and food establishments
• Track and log meals, dining experiences, and nutritional information
• Share reviews, photos, and recommendations with other users
• Connect with friends and fellow food enthusiasts
• Bookmark and revisit favorite restaurants and dishes
• Estimate calories and macros from food photos
• Message friends directly and import workouts from Apple Health

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without notice.

3. Eligibility

To use Nodesto, you must:

• Be at least 16 years of age (or the minimum age required in your jurisdiction, whichever is higher)
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Services under applicable laws
• Not have been previously banned or removed from our platform

If you are under 18 years of age, you represent that your parent or legal guardian has reviewed and agrees to these Terms on your behalf.

4. User accounts

4.1 Account creation

To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

4.2 Account security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Create a strong, unique password
• Not share your login credentials with others
• Notify us immediately of any unauthorized access to your account
• Log out of your account when using shared devices

4.3 Account termination

You may delete your account at any time through the account settings. We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion.

5. User conduct

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Post false, misleading, or fraudulent content or reviews
• Harass, bully, threaten, or intimidate other users
• Impersonate any person or entity
• Post spam, advertisements, or promotional content without authorization
• Attempt to gain unauthorized access to other accounts or our systems
• Use automated tools, bots, or scrapers without permission
• Interfere with or disrupt the Services or servers
• Upload viruses, malware, or other harmful code
• Collect personal information of other users without consent
• Post content that is defamatory, obscene, or harmful
• Engage in any activity that could damage our reputation

6. User content

6.1 Ownership

You retain ownership of the content you post on Nodesto, including reviews, photos, lists, and comments ("User Content"). However, by posting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, copy, modify, distribute, and display your User Content in connection with the Services.

6.2 Content guidelines

User Content must be accurate, honest, and based on genuine experiences. You represent and warrant that:

• You own or have the rights to post the content
• The content does not infringe on third-party rights
• Reviews reflect your honest opinion and actual experience
• Photos are original or properly licensed

6.3 Community Guidelines

To keep Nodesto safe and useful for everyone, you may not post, share, or send any content that:

• Harasses, bullies, threatens, or intimidates another person
• Promotes hate or discrimination based on race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or any other protected characteristic
• Is sexually explicit, pornographic, or sexualizes minors in any way
• Depicts or incites violence, self-harm, or harm to others
• Is defamatory, obscene, hateful, or otherwise objectionable
• Is spam, a scam, or a fraudulent or deliberately misleading review
• Infringes another person's intellectual property, privacy, or other rights
• Is illegal or promotes illegal activity

These Community Guidelines apply to every part of the Services, including posts, captions, comments, photos, profiles, and direct messages.

6.4 Zero tolerance for objectionable content and abusive behavior

Nodesto has zero tolerance for objectionable content — including harassment, bullying, hate speech, threats, sexually explicit or violent material, and spam — and for abusive or harassing users. We may remove content and suspend or permanently terminate accounts that violate these Terms or our Community Guidelines, at our discretion and without prior notice. You can report objectionable content and block abusive users directly in the app, and we act on reports of objectionable content within 48 hours.

6.5 Content moderation

We reserve the right to remove, edit, or disable access to any User Content that violates these Terms or the Community Guidelines in Section 6.3, without prior notice.

7. Intellectual property

The Nodesto name, logo, and all related trademarks, service marks, and graphics are the property of Nodesto Inc. All other trademarks are the property of their respective owners.

The Services, including all software, design, text, images, and other content (excluding User Content), are owned by Nodesto and protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Services without our written permission.

8. Copyright and DMCA

Nodesto Inc. respects copyright and responds to valid notices of claimed infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe content on our platform infringes a copyright you own or control, you can submit a takedown notice to our designated copyright agent.

8.1 How to submit a takedown notice

Your notice must include all of the following:

• A description of the copyrighted work you claim was infringed.
• A description of the infringing material with enough detail for us to locate it (for example, the post URL).
• Your name, mailing address, telephone number, and email address.
• A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized to act on their behalf.
• Your physical or electronic signature.

8.2 Where to send it

Send your notice to our designated copyright agent at support@nodesto.com. We process valid notices and remove or disable access to the reported content. A notice missing required elements may not be actioned.

8.3 Counter-notification

If your content was removed and you believe the takedown was in error, you can send a counter-notification to the same address. It must include:

• Identification of the content removed and where it appeared before removal.
• A statement under penalty of perjury that you have a good-faith belief the content was removed due to a mistake or misidentification.
• Your name, address, and telephone number.
• A statement that you consent to the jurisdiction of the federal district court where you live (or any district where Nodesto Inc. may be found if you are outside the United States), and that you will accept service of process from the party who filed the original notice.
• Your physical or electronic signature.

If we receive a valid counter-notification, we may restore the content unless the original claimant notifies us they have filed a court action to resolve the dispute.

8.4 Repeat infringers

Accounts of users who repeatedly infringe third-party copyrights may be terminated.

9. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Services, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

10. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied.

We do not guarantee that:

• The Services will be uninterrupted, secure, or error-free
• Restaurant information, reviews, or ratings are accurate or complete
• The Services will meet your specific requirements
• Any defects will be corrected

10.1 AI nutrition estimates

Nodesto's calorie and macronutrient estimates are generated by AI from food photos or text descriptions. They are approximate and for general information only. They are not medical, clinical, dietary, or nutritional advice.

Do not use these estimates to manage a medical condition, including diabetes or eating disorders. If your dietary choices affect your health, talk to a physician or registered dietitian first. We make no warranty as to the accuracy of any calorie, protein, carbohydrate, or fat figure the app displays. Actual values can vary substantially from these estimates, and they should not be relied on for precise tracking or for any decision that affects your health.

User Content and third-party content do not represent our views. We are not responsible for the accuracy, safety, or legality of User Content or any business transactions you may conduct with establishments discovered through our platform.

11. Limitation of liability

To the maximum extent permitted by law, Nodesto and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill.

Our total liability for any claims arising from your use of the Services shall not exceed the amount you paid us (if any) in the twelve months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Nodesto and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from:

• Your use of the Services
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights

13. Termination

We may terminate or suspend your access to the Services immediately, without prior notice, for any reason, including if you breach these Terms.

Upon termination:

• Your right to use the Services will immediately cease
• We may delete your account and User Content
• Provisions that should survive termination will remain in effect

14. Governing law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Any disputes arising from these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

15. Changes to terms

We may update these Terms from time to time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last updated" date.

Your continued use of the Services after any changes constitutes your acceptance of the new Terms.

16. Contact

If you have any questions about these Terms, please contact us: