Terms of Service.

1. Agreeing to these Terms

These Terms of Service ("Terms") are an agreement between you and Nodesto Inc. ("Nodesto," "we," "us," or "our"). They apply to Nodesto's apps, websites and related features and services, now or in the future (together, the "Services"). Section 2 describes them.

You accept these Terms when you agree to them in the app or when you use the Services. If you don't agree, please don't use Nodesto.

Our Privacy Policy explains how we handle personal information. Some features also need permission on your device, such as location or Apple Health. We ask separately, before the feature uses it, and you can change your answer in iOS Settings.

2. The Services

The Services include features such as:

• posting and sharing photos and reviews of restaurants
• discovering and saving places
• following people and messaging
• nutrition, calorie, weight and fitness tracking
• AI-powered features
• linking or importing content from other services

2.1 Features may vary

We may add, change or remove features at any time. Features also vary by app version, device, location and settings, and some are still being tested, so not everyone gets every feature. If a new feature needs more of your personal information or a new permission, we'll tell you and ask before it starts.

2.2 Price

Nodesto is free to use today. If we add paid features, we'll show you the price and terms before you buy anything.

3. Who can use Nodesto

You must be at least 18 years old to use Nodesto. We ask for your date of birth at sign-up and don't let anyone under 18 create a profile.

You also need to be able to enter into a binding contract. You can't use Nodesto if the law prohibits it, or if we've removed your account and haven't said you can come back.

4. Your account

4.1 Setting up

You can sign up with an email address, with Apple or Google, or with a phone number where offered. Give us accurate information and keep it current. Don't create an account for someone else or pretend to be someone you're not.

4.2 Keeping it secure

You're responsible for what happens under your account, so keep your login details to yourself. If you think someone has got into your account, email support@nodesto.com right away.

4.3 Deactivating or deleting

You can leave at any time from inside the app: go to Profile → Help & Support. Delete Account starts deleting your account and associated personal information as soon as you confirm. Deactivate Account hides your profile right away and gives you 7 days to sign back in; after that, the account is permanently deleted.

Section 7 of the Privacy Policy explains what gets deleted and the few things we may keep.

5. Rules of conduct

Use Nodesto lawfully and treat people decently. You agree not to:

• Break the law, or help someone else break it
• Post fake reviews, reviews of places you haven't been to, or undisclosed paid reviews
• Impersonate anyone, including a restaurant, or misrepresent your connection with a business
• Send spam or unsolicited advertising, or run scams
• Collect other users' personal information without their consent
• Use scrapers or other automated tools to copy the Services, or to build datasets or train AI models from them, without our written permission
• Access accounts or systems you aren't authorized to use, or probe our security
• Disrupt the Services or upload harmful code
• Reverse engineer the app, except where the law allows it
• Get around a block or suspension

Honest criticism is welcome, including bad reviews of a restaurant (or of Nodesto), if it's genuine and follows these rules.

6. Your content

6.1 You own what you post

The photos, captions, reviews, comments, messages and anything else you post, send or add on Nodesto, including links to content on other services (but not that content itself) ("your content"), remain yours.

6.2 The licence you give us

You give Nodesto a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, adapt (for example, resize or reformat), display and distribute your content, only to operate, provide, secure and improve the Services. That includes showing it to other users as the feature allows, and processing it with our service providers as described in Section 8 and the Privacy Policy. We may pass these rights on only to service providers who help us run the Services.

The licence ends when you delete the content or your account, with a few exceptions:

• Messages you sent stay in the other person's conversation history
• Copies can remain in backups until those backups rotate out
• We may keep content we need for legal reasons, to handle a report or to enforce these Terms

6.3 Your responsibility

You're responsible for your content. Only post what you have the right to post: photos you took or may use, and reviews based on your own experience. Your content must follow these Terms and the Community Guidelines in Section 7, and must not infringe anyone's rights.

We don't manually review content before it's published, and we aren't required to monitor it. Automated checks may block, hide or flag some posts and comments (see Section 7). What other users post reflects their views, not ours.

6.4 Feedback

If you send us ideas or suggestions about Nodesto, we're free to use them without owing you anything.

6.5 Content from other services

You can link accounts you hold with other services, and link or import posts from other platforms, such as TikTok.

• You must have the right to share what you link.
• The other service's terms also apply to its content and to your account there. We don't control that service.
• Linked content stays with its creator and the other service, and plays through that service's own player.
• We may remove linked content, for example if it's removed at the source or a rights holder objects. Copyright complaints are handled under Section 12.
• You can disconnect a linked account at any time. Posts you already linked stay on Nodesto until you remove them.

7. Safety and reporting

Nodesto has zero tolerance for objectionable content and for abusive users. The Community Guidelines below apply everywhere in the Services, including direct messages and content you link from other services.

7.1 Community Guidelines

Don't post, share, link or send content that:

• Harasses, bullies, threatens or intimidates anyone
• Promotes hate or discrimination based on a protected characteristic, such as race, religion, sex, gender, sexual orientation or disability
• Is sexually explicit or pornographic, or sexualizes minors in any way
• Shows or encourages violence, self-harm or harm to others
• Is defamatory or unlawful, infringes someone's rights, or promotes illegal activity
• Shares someone's private information without their permission, or is spam, a scam or a deliberately misleading review

7.2 Reporting and blocking

You can report a post, comment or user from inside the app (including a user you're messaging, from the conversation screen), and you can block any user. You can also email us at support@nodesto.com.

We review reports and may remove content, restrict features, suspend an account or remove a user, at our discretion and without advance notice. Automated checks, including AI-assisted review of reports, help us find content that may break these rules, and can hide it. When safety is at risk or the law requires it, we act immediately. We report apparent child sexual exploitation to the authorities as the law requires.

7.3 If you disagree with a decision

We may remove or restrict content we reasonably believe breaks these Terms or the law. If you think we got it wrong, email support@nodesto.com and we'll take another look.

8. AI and mapping services

Nodesto uses third-party AI service providers and mapping and places providers to power AI features such as search, recommendations, photo analysis, nutrition estimates and safety review. To make them work, we share personal information with these providers. Depending on the feature, we share:

• your location
• photos, captions and other text you post, import or submit, including the caption and cover image of a post you link from another service
• what you type for a calorie or energy estimate or into AI search, with short-term context from the same search
• your activity, taste and dietary signals
• content that has been reported or flagged

Some of this happens automatically. Photos you post are checked by an image-safety service and analyzed when you publish them, and the Nodesto AI tab may request location-based results when it's shown, without you tapping anything. Other AI features run when you use them.

These providers process the information on our behalf to deliver the feature. We do not allow these providers to use your information to train their general models.

By accepting these Terms, you agree to this sharing. You can limit it at any time: turn off location access in iOS Settings, skip the optional AI features, such as calorie scans, AI search and the Nodesto AI ask box, or delete your account. Some features won't work without the information they need. See Section 4 of the Privacy Policy.

9. Nutrition and AI accuracy

AI can be wrong. Calorie and nutrition estimates, food identification, search results, recommendations, taste profiles and other AI-generated results may be incomplete, out of date or incorrect.

Nodesto's calorie and macro estimates are approximate and for general information only. They are not medical, dietary, diagnostic or treatment advice. Don't use them to manage diabetes, an eating disorder or any other medical condition, or for precise tracking; actual values can differ a lot. If your diet affects your health, talk to a physician or registered dietitian before acting on anything you see in Nodesto.

Restaurant details change, too. If you have a food allergy, check allergens and ingredients with the restaurant, and confirm hours and prices before you go.

10. Privacy

Our Privacy Policy explains what we collect, why, who we share it with and your choices. Please read it alongside these Terms.

11. Nodesto's property

The Nodesto name and logo, and the app and website themselves (other than user content), belong to Nodesto Inc. or our licensors and are protected by intellectual property laws.

We give you a personal, non-exclusive, non-transferable licence, which we can revoke, to use the Services for your own non-commercial purposes under these Terms. Don't copy or resell any part of the Services, or use our name or logo, without our written permission.

12. Copyright complaints

We respect copyright and respond to notices of claimed infringement under the US Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe content on Nodesto infringes a copyright you own or are authorized to act for, email a notice to support@nodesto.com with "Copyright notice" in the subject line.

12.1 What your notice must include

• Your physical or electronic signature
• Identification of the copyrighted work you say was infringed
• Identification of the material you say is infringing, with enough detail for us to find it (for example, a link)
• Your name, mailing address, phone number and email address
• A statement that you have a good-faith belief that the use isn't authorized by the copyright owner, its agent or the law
• A statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner's behalf

We may not be able to act on a notice that leaves out any of these.

12.2 Counter-notices

If your content was removed and you believe that was because of a mistake or misidentification, you can send a counter-notice to the same address. It must include:

• Your physical or electronic signature
• Identification of the removed material and where it appeared before it was removed
• A statement, under penalty of perjury, that you have a good-faith belief the material was removed because of a mistake or misidentification
• Your name, address and phone number, and a statement that you consent to the jurisdiction of the federal district court for your address (or, if you're outside the United States, any judicial district in which Nodesto may be found), and that you'll accept service of process from the person who sent the original notice or their agent

After a valid counter-notice, we may restore the content unless the person who complained tells us they've filed a court action.

12.3 Repeat infringers

In appropriate circumstances, we terminate the accounts of users who repeatedly infringe copyright.

13. Disclaimers

We provide the Services "as is" and "as available." To the extent the law allows, we make no warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

We work hard to keep Nodesto running well, but we don't promise that the Services will be uninterrupted or error-free, or that restaurant information and AI results will always be accurate. We aren't responsible for the restaurants and other businesses you find through Nodesto, for what other users post or link, or for third-party services linked from the app. Your dealings with them are between you and them.

Some places don't allow certain disclaimers, so some of these may not apply to you.

14. Limitation of liability

To the extent the law allows, Nodesto and its officers, directors, employees and agents won't be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data or goodwill, arising out of or relating to these Terms or the Services.

To the extent the law allows, our total liability for all claims relating to the Services is limited to the amount you paid us for the Services in the 12 months before the claim arose.

Nothing in these Terms limits rights or liability that the law does not allow us to limit.

15. Indemnity

If someone brings a claim against Nodesto because of your unlawful use of the Services, your breach of these Terms, or content you posted that infringes their rights, you agree to cover Nodesto's resulting losses and reasonable costs, including reasonable legal fees, to the extent the law allows. "Nodesto" here includes our officers, directors, employees and agents. We'll tell you about the claim promptly, and you can take part in the defense with a lawyer of your choice.

16. Suspension and termination

You can stop using Nodesto whenever you like and delete your account as described in Section 4.3.

We may suspend or end your access if we reasonably believe that you've broken these Terms or the Community Guidelines, that your account creates a risk or legal problem for Nodesto, other users or the public, or that the law requires us to. Where it's practical and lawful, we'll tell you why and give you a chance to respond. We may act immediately, without notice, when that's needed for safety, to protect the Services, or for legal reasons.

We may also decide to stop offering the Services altogether. If that happens, we'll try to give you reasonable notice first.

When your access ends, so does your right to use the Services. Terms that by their nature should continue, such as the exceptions in Section 6.2 and Sections 9 and 13 to 17, keep applying.

17. Governing law and disputes

17.1 Talk to us first

Most problems can be fixed with an email. Before you bring a claim, please write to support@nodesto.com and tell us what's wrong, so we can try to resolve it informally.

17.2 Courts

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules. Disputes go to court, not arbitration. Either of us may bring a claim in small claims court if it qualifies. Any other dispute arising out of or relating to these Terms or the Services will be heard by the state or federal courts located in Delaware, and you and Nodesto both consent to their jurisdiction.

If you live outside the United States and the law where you live gives you the right to bring a claim in your local courts, or to rely on local consumer protection rules, these Terms don't take that right away.

17.3 Other terms

These Terms, together with the documents they refer to, are the entire agreement between you and Nodesto about the Services. If a court finds part of them unenforceable, the rest stays in effect. If we don't enforce a provision right away, we haven't waived it. You can't transfer these Terms to anyone else without our consent; we may transfer them as part of a merger, acquisition or sale of assets, or where the law allows.

18. Changes to these Terms

When we make material changes, we'll tell you in the app before they take effect and ask you to accept the new version before you keep using Nodesto. Other changes take effect when we post them. The "Last updated" date shows the current version.

19. Contact

Questions about these Terms, a report, or a legal notice?