Terms of Service

1. About these Terms

1.1 These Terms of Service (Terms) govern access to and use of the Nomming mobile application, related websites, software and services (Service).

1.2 The Service is operated by Emma Infotech Pty Ltd ABN 16 644 105 368 (Nomming, we, us or our).

1.3 By accessing or using the Service, creating an Account, or otherwise indicating acceptance of these Terms, you agree to be bound by:

1. these Terms;
2. the Nomming Privacy Policy;
3. the Nomming Community Guidelines;
4. the Nomming AI & Nutrition Disclaimer; and
5. any additional terms presented for a particular feature or purchase.

1.4 If you do not agree, you must not use the Service.

2. Definitions

2.1 In these Terms:

Account means an anonymous, registered or linked account used to access the Service.

AI Output means any recognition, classification, estimate, suggestion, description or other result generated using artificial intelligence or automated systems.

App Store Provider means Apple, Google or another authorised distributor through which the Service is made available or purchases are processed.

Community Features means groups, invitations, challenges, meal sharing, reactions, likes and other features through which users interact.

Consumer Guarantee means a right or guarantee that cannot lawfully be excluded under the Australian Consumer Law or other applicable consumer law.

Content means text, photographs, audio, transcripts, profile information, reactions, meal records and other material submitted, created or shared through the Service.

Subscription means a recurring paid plan for premium features.

User Content means Content submitted, uploaded, recorded, generated or shared by a user.

3. Eligibility

3.1 You must be at least 13 years old to use the Service.

3.2 If the law where you live requires a higher minimum age, parental authorisation or another form of consent, that requirement applies. Certain Community Features may be restricted or unavailable to users under 16 where required by Australian or other applicable law.

3.3 If you are under the age at which you may independently enter into a contract in your jurisdiction, your parent or legal guardian must review and agree to these Terms on your behalf.

3.4 You must not use the Service if:

1. you cannot lawfully agree to these Terms;
2. your use would breach applicable law; or
3. we have previously suspended or terminated your access for serious or repeated misconduct, unless we have authorised your return.

3.5 The Service is not intended for children under 13. A parent or guardian who believes that a child under 13 has used the Service should contact us promptly.

4. The Service

4.1 Nomming is an AI-powered nutrition and meal-logging application. It may allow users to:

1. log meals using photographs, voice or text;
2. receive AI-generated food recognition and nutrition estimates;
3. maintain meal history and synchronise data across devices;
4. edit meal records and AI-generated results;
5. join private groups and challenges;
6. invite friends and interact using likes or reactions; and
7. use other features introduced from time to time.

4.2 Features may vary according to device, operating system, country, Account type, age, subscription status or release stage.

4.3 We may modify, improve, replace or discontinue features. If a change materially affects a paid Service, we will provide any notice or remedy required by applicable law.

5. Accounts

5.1 You may be able to use the Service through:

1. an anonymous Account;
2. an Account linked to an approved third-party authentication service; or
3. another registration method offered by us.

5.2 You must provide accurate information where requested and keep it reasonably current.

5.3 You are responsible for:

1. maintaining the security of your device and login credentials;
2. activity conducted through your Account, except to the extent caused by our breach of duty; and
3. notifying us promptly if you suspect unauthorised access.

5.4 You must not sell, transfer, license or share access to your Account without our written permission.

5.5 We may require reasonable verification before restoring access, processing a deletion request or responding to a privacy request.

6. Anonymous Accounts

6.1 An anonymous Account does not necessarily mean that no information is collected. The Service may assign an identifier and process device, usage, meal and diagnostic information as described in the Privacy Policy.

6.2 Anonymous Accounts may have reduced recovery, synchronisation or portability options.

6.3 If you delete the application, lose your device, clear application data or fail to link an anonymous Account to a supported sign-in method, your Account or meal history may become unrecoverable.

6.4 You are responsible for linking or backing up an anonymous Account where the Service provides that option and you wish to preserve access.

7. Third-Party Sign-In

7.1 The Service may support sign-in through third-party authentication providers.

7.2 Your use of a third-party sign-in service is also governed by the provider’s terms and privacy practices.

7.3 We are not responsible for the availability of a third-party account or authentication service. If your access to that service ends, you may lose the ability to sign in unless another recovery method is available.

7.4 We will process authentication identifiers and information received from the provider in accordance with the Privacy Policy.

8. Licence to Use the Service

8.1 Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to use the Service for personal, non-commercial purposes.

8.2 You must not:

1. copy, sell, rent, lease or commercially exploit the Service;
2. reverse engineer, decompile or attempt to extract source code, except where the law expressly permits it;
3. bypass access controls, usage limits or security mechanisms;
4. use automated means to scrape or extract data without permission;
5. interfere with the Service’s operation or infrastructure; or
6. use our intellectual property except as expressly permitted.

9. Acceptable Use

9.1 You must use the Service lawfully, responsibly and consistently with these Terms and the Community Guidelines.

9.2 You must not use the Service to:

1. threaten, harass, abuse, stalk or intimidate another person;
2. publish hateful, discriminatory, sexually exploitative or seriously offensive material;
3. upload illegal material or facilitate illegal activity;
4. impersonate another person or misrepresent your identity or affiliation;
5. infringe intellectual property, privacy, confidentiality or other rights;
6. distribute spam, malware, scams or deceptive promotions;
7. obtain unauthorised access to an Account, system or data;
8. manipulate likes, reactions, invitations or challenges through automated or deceptive means;
9. encourage dangerous dieting, eating disorders, self-harm or other harmful conduct;
10. present AI Output as verified medical, nutritional or scientific advice;
11. collect information about other users without permission; or
12. use the Service to develop, train or benchmark a competing product without our written consent.

10. User Content

10.1 You retain ownership of your User Content, subject to the rights granted in these Terms.

10.2 You represent that:

1. you own your User Content or have all permissions needed to submit and use it;
2. your User Content does not unlawfully infringe another person’s rights; and
3. sharing it through the Service is lawful.

10.3 You remain responsible for your User Content and for deciding what to share.

10.4 Meal photographs may incidentally reveal faces, homes, documents, location indicators or other personal information. You should review photographs before uploading them and avoid submitting unnecessary information about other people.

11. Licence Granted by Users

11.1 You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, adapt, transmit and display your User Content only as reasonably necessary to:

1. operate and provide the Service;
2. perform requested AI analysis;
3. display Content to users or groups selected by you;
4. secure, maintain and improve the Service;
5. investigate misuse; and
6. comply with law.

11.2 This licence does not transfer ownership of your User Content to us.

11.3 The licence continues for as long as your User Content is stored by the Service and for any additional period reasonably required for backups, legal compliance, dispute resolution, fraud prevention or security.

11.4 We will not use identifiable meal photographs, voice recordings or other sensitive personal information to train general-purpose AI models unless we first provide clear notice and obtain any consent required by law.

11.5 Feedback or suggestions provided voluntarily may be used by us without restriction or payment, provided we do not identify you publicly without permission.

12. Community Features and Private Groups

12.1 The Service may permit you to create or join private groups, invite users, participate in challenges and share Content.

12.2 “Private” means access is limited through the Service’s configured membership controls. It does not guarantee that another group member will not copy, capture or disclose Content.

12.3 Group owners or administrators may manage membership and group settings but are not our employees or agents.

12.4 You must obtain permission before sharing another person’s information or image.

12.5 Invitations should only be sent to people you reasonably believe wish to receive them. You must not use invitations for spam or unsolicited promotion.

12.6 Challenges are voluntary social features. They are not medical programs and should not be used to pressure users into unsafe eating, fasting, calorie restriction or other harmful behaviour.

12.7 Users may be able to leave groups, block other users, report Content or restrict interactions. Feature availability may vary.

13. Community Safety and Moderation

13.1 The Community Guidelines form part of these Terms.

13.2 We may use automated systems and human review to detect, investigate or moderate suspected violations.

13.3 We may remove or restrict Content, disable sharing, limit interactions, suspend Accounts or terminate access where reasonably necessary to:

1. enforce these Terms;
2. protect users or the public;
3. comply with law or an official request;
4. protect the integrity or security of the Service; or
5. prevent material harm.

13.4 We do not undertake to review all Content and do not endorse User Content merely because it is available through the Service.

13.5 You may report suspected abuse using in-app reporting tools, where available, or by contacting support@nomming.com.au.

13.6 Where appropriate, we may notify you of moderation action and provide a reasonable appeal mechanism. We may withhold information where disclosure would create a safety or security risk, prejudice an investigation or breach the law.

14. AI Services

14.1 The Service uses artificial intelligence and automated systems to analyse submitted information and generate estimates and other outputs.

14.2 AI Output may be incomplete, inaccurate, misleading or unsuitable for your circumstances. Similar meals may produce different results, and results may change when models, prompts or reference data are updated.

14.3 Factors affecting AI Output include:

1. image quality, lighting and angle;
2. hidden ingredients and portion size;
3. cooking methods, oils, sauces and condiments;
4. recipe and restaurant variation;
5. transcription errors; and
6. limitations in models and nutrition databases.

14.4 You must review AI Output before relying on it and correct meal records where appropriate.

14.5 AI Output does not represent a diagnosis, professional opinion or statement of verified fact.

14.6 We may use trusted third-party providers to process Content for AI analysis. Processing is governed by the Privacy Policy and our arrangements with those providers.

14.7 Additional terms in the AI & Nutrition Disclaimer apply to all AI Output.

15. Nutrition and Medical Disclaimer

15.1 The Service is provided for general informational and educational purposes.

15.2 Nomming is not a medical device and does not diagnose, treat, cure or prevent any medical condition.

15.3 The Service does not provide medical, nutritional, dietary or other professional healthcare advice.

15.4 Nutrition values are estimates and must not be treated as laboratory results, verified product labels or personalised dietary prescriptions.

15.5 Do not use the Service as the sole basis for decisions concerning:

1. allergies or food intolerances;
2. diabetes or blood-glucose management;
3. pregnancy or breastfeeding;
4. eating disorders;
5. kidney, liver, cardiovascular or metabolic conditions;
6. medication or treatment; or
7. any other condition requiring clinical supervision.

15.6 Seek advice from a qualified healthcare professional for medical advice, diagnosis or treatment. In an emergency, contact local emergency services.

16. Intellectual Property

16.1 We or our licensors own all rights in the Service, including its software, design, branding, interfaces, databases, documentation and underlying technology, excluding User Content.

16.2 “Nomming” and associated branding must not be used without our prior written permission.

16.3 Nothing in these Terms transfers our intellectual property to you.

16.4 If you believe Content infringes your intellectual property rights, contact us with sufficient details to identify the work, the allegedly infringing Content and the basis of your claim.

17. Privacy

17.1 Our collection, use, disclosure, storage and deletion of personal information are described in the Privacy Policy.

17.2 By using features that process health-related or other sensitive information, you acknowledge that such processing is necessary to provide the requested features. Where required, we will obtain express consent separately.

17.3 You may withdraw consent for optional processing through relevant settings or by contacting us. Withdrawal does not affect processing already lawfully undertaken and may prevent affected features from operating.

18. Third-Party Services

18.1 The Service relies on trusted third-party providers for functions including authentication, hosting, storage, AI processing, analytics, diagnostics, infrastructure and notifications.

18.2 Third-party services may be governed by separate terms and privacy policies.

18.3 We are not responsible for an independent third-party service outside our reasonable control. This clause does not exclude responsibility that cannot lawfully be excluded.

18.4 Links to third-party services are provided for convenience and do not constitute endorsement.

19. Service Availability

19.1 We aim to provide a reliable Service but do not guarantee uninterrupted, error-free or permanently available access.

19.2 The Service may be interrupted by maintenance, security events, network failures, provider outages, device limitations or circumstances beyond our reasonable control.

19.3 We may impose reasonable technical limits to protect performance, security, cost and fair use.

19.4 You should not rely on the Service as the sole repository for information that must be preserved.

20. Beta and Experimental Features

20.1 Features identified as beta, preview, trial or experimental may be incomplete, change without notice or be withdrawn.

20.2 Unless prohibited by law, beta features are provided for evaluation and should not be relied upon for critical decisions.

20.3 Feedback and diagnostic information concerning beta features may be collected as described in the Privacy Policy.

21. Paid Services and Subscriptions

21.1 We may introduce Subscriptions, one-off purchases, credits or premium features.

21.2 Before purchase, we will disclose the applicable price, billing interval, material inclusions, renewal terms and any trial conditions.

21.3 Subscriptions may renew automatically until cancelled. You may cancel through the App Store Provider or other purchasing channel used to subscribe. Cancellation ordinarily takes effect at the end of the current billing period unless applicable law provides otherwise.

21.4 Deleting the application or Account does not necessarily cancel a Subscription. You must cancel through the applicable billing provider.

21.5 Purchases made through an App Store Provider are also subject to that provider’s payment, cancellation and refund rules. Nothing in those rules limits rights available under applicable consumer law.

21.6 We may change Subscription prices or features by giving notice required by law and the relevant App Store Provider. A price change will not take effect earlier than permitted by those requirements.

21.7 Free trials may convert to paid Subscriptions unless cancelled before the stated deadline. Trial eligibility may be limited.

21.8 Refund requests will be handled in accordance with applicable law and, where relevant, the App Store Provider’s processes.

22. Suspension and Termination

22.1 You may stop using the Service at any time.

22.2 We may suspend or restrict access where reasonably necessary because:

1. you materially or repeatedly breach these Terms;
2. your Account creates a security, legal or safety risk;
3. payment is overdue for a paid Service;
4. we reasonably suspect fraud or unlawful activity; or
5. we are required to do so by law.

22.3 Where reasonably practicable, we will give notice and an opportunity to remedy a breach. Immediate action may be taken for serious misconduct, urgent security risks, illegal Content or risks of harm.

22.4 We may terminate the Service generally by providing reasonable notice, subject to applicable consumer law and any obligations concerning paid Services.

22.5 Clauses intended by their nature to survive termination continue to apply, including clauses concerning intellectual property, accrued payment obligations, disclaimers, liability and dispute resolution.

23. Account Deletion

23.1 You may initiate Account deletion through the application where available or through the external deletion method identified on our website.

23.2 We may take reasonable steps to verify a deletion request and protect against unauthorised deletion.

23.3 Personal information associated with the Account will be permanently deleted from active systems within 30 days after a valid request, unless retention is required or permitted for legal compliance, fraud prevention, security, dispute resolution or enforcement.

23.4 Residual copies may remain temporarily in encrypted backups until overwritten under ordinary backup cycles.

23.5 We may retain information that has been irreversibly de-identified or aggregated so that it no longer identifies you.

23.6 Deletion may not remove Content independently copied or retained by another user outside the Service.

23.7 Account deletion does not automatically cancel an active Subscription.

24. Disclaimers

24.1 Except for rights that cannot lawfully be excluded, the Service is provided on an “as available” basis.

24.2 We do not guarantee that:

1. AI Output or nutrition estimates will be accurate;
2. the Service will meet every dietary or health objective;
3. Content submitted by users is accurate or lawful;
4. every defect or interruption will be corrected; or
5. data will never be lost.

24.3 You are responsible for evaluating information obtained through the Service and for your own dietary, health and lifestyle decisions.

25. Australian Consumer Law

25.1 Nothing in these Terms excludes, restricts or modifies any Consumer Guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

25.2 Where goods or services are not ordinarily acquired for personal, domestic or household use and our liability may lawfully be limited, our liability is limited, at our option:

1. for services, to supplying the services again or paying the cost of having them supplied again; and
2. for goods, to replacement, repair or payment of the cost of replacement or repair.

25.3 The limitations in clause 25.2 do not apply where it would not be fair or reasonable for us to rely on them.

26. Limitation of Liability

26.1 Subject to clause 25 and to the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss, loss of profit, loss of revenue, loss of opportunity or loss of goodwill arising from the Service.

26.2 Clause 26.1 does not limit liability:

1. for fraud or wilful misconduct;
2. for death or personal injury caused by negligence where liability cannot lawfully be limited;
3. for breach of confidentiality, privacy or intellectual property obligations; or
4. that otherwise cannot lawfully be limited.

26.3 To the maximum extent permitted by law, our aggregate liability arising from the Service is limited to the greater of:

1. the amount you paid us for the Service during the 12 months preceding the event giving rise to liability; and
2. AUD $100.

26.4 The limitations in this clause apply only to the extent they are lawful, fair and reasonable in the circumstances.

27. Indemnity

27.1 To the extent permitted by law, you indemnify us against third-party claims, losses and reasonable costs arising directly from:

1. your unlawful User Content;
2. your material breach of clauses 9, 10 or 12; or
3. your wilful misuse of the Service.

27.2 Your liability under this clause will be reduced to the extent that our act or omission contributed to the loss.

27.3 We will take reasonable steps to mitigate recoverable loss and will not settle a claim imposing a non-monetary obligation on you without your consent, not to be unreasonably withheld.

28. Changes to These Terms

28.1 We may update these Terms to reflect changes to law, the Service, security requirements or commercial operations.

28.2 If a change materially affects your rights, we will provide reasonable advance notice through the Service, by email or by another appropriate method.

28.3 Changes take effect on the date stated in the updated Terms. If you do not agree to a material change, you may stop using the Service and delete your Account before it takes effect.

29. App Store Terms

29.1 Where you download the Service from an App Store Provider:

1. these Terms are between you and us, not the App Store Provider;
2. we, not the App Store Provider, are responsible for the Service, subject to these Terms;
3. the App Store Provider has no obligation to provide maintenance or support;
4. your use must comply with the App Store Provider’s applicable usage rules; and
5. the App Store Provider may enforce provisions of these Terms that confer a benefit on it.

29.2 Nothing in this clause limits rights or obligations imposed by the App Store Provider’s mandatory terms or applicable law.

30. General

30.1 These Terms and the documents incorporated by reference constitute the entire agreement concerning the Service.

30.2 If a provision is invalid or unenforceable, it will be read down to the minimum extent necessary, and the remaining provisions continue in effect.

30.3 Our failure to enforce a provision is not a waiver.

30.4 You may not assign these Terms without our consent. We may assign them as part of a corporate restructuring, financing or transfer of the Service, provided this does not materially reduce your rights.

30.5 Nothing in these Terms creates an employment, partnership, agency or fiduciary relationship.

30.6 These Terms are governed by the laws of Queensland, Australia. Subject to any right you have to bring proceedings elsewhere under applicable consumer law, the courts of Queensland have non-exclusive jurisdiction.

31. Contact

Emma Infotech Pty Ltd

ABN 16 644 105 368

Queensland, Australia

Email: support@nomming.com.au