Terms of Use

Last updated: August 12, 2026

Agreement to our Legal Terms

We are Nomby (“we,” “us,” “our”). We operate https://www.nomby.app and the Nomby mobile application, as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

You can contact us by email at nomby.app@gmail.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Nomby, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

Supplemental terms and documents posted on the Services from time to time are incorporated by reference. We may change these Legal Terms at any time. We will update the “Last updated” date when we do. It is your responsibility to review these Legal Terms periodically. Continued use after changes means you accept the revised Legal Terms where permitted by law.

These Legal Terms should be read together with our Privacy Policy.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Intellectual property rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.

The Content and Marks are provided in or through the Services “as is” for your personal, non-commercial use only.

Your use of our Services (mobile app license)

Subject to your compliance with these Legal Terms, including the “Prohibited Activities” section below, we grant you a personal, non-exclusive, non-transferable, revocable license to:

access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use.

For the Nomby mobile application, this license also allows you to install and use the app on devices you own or control. Apple App Store and Google Play terms also apply when you download from those stores. Apple and Google are not responsible for providing Nomby support or for these Legal Terms, except as required by their store rules.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section, please email nomby.app@gmail.com. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of these Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the “Prohibited Activities” section carefully prior to using our Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

confirm that you have read and agree with our “Prohibited Activities” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
warrant that any such Submission is original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights; and
warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and agree that your Submissions do not violate any third party’s intellectual property rights or applicable law.

3. User representations

By using the Services, you represent and warrant that:

you have the legal capacity and you agree to comply with these Legal Terms;
you are at least 13 years of age;
you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise (except as permitted for ordinary browser or accessibility tools);
you will not use the Services for any illegal or unauthorized purpose; and
your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. Prohibited activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services.
Defame, harass, tarnish, or unlawfully harm us or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools, except as may be the result of standard search engine or Internet browser usage.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit any material that acts as a passive or active information collection or transmission mechanism (sometimes referred to as “spyware” or “passive collection mechanisms”).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and the Content for any revenue-generating endeavor or commercial enterprise without our permission.

5. User generated contributions

The Services allow you to create, submit, post, display, transmit, publish, distribute, or otherwise make available content and materials, including but not limited to text, photos, profile information, reviews, ratings, and other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and other users of the Services to use your Contributions as necessary to operate the Services.
You have the written consent, release, and/or permission of each identifiable individual person in your Contributions to use their name or likeness as contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading; not unsolicited advertising or spam; and do not violate any applicable law, regulation, or rule.
Your Contributions are not obscene, lewd, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone; do not advocate the violent overthrow of any government; and do not violate any applicable law concerning child pornography or otherwise intended to protect minors.
Your Contributions do not include any offensive comments connected to race, national origin, gender identity or expression, sexual orientation, disability, or physical ability.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in termination or suspension of your rights to use the Services.

6. Contribution license

You and Nomby agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings), in accordance with our Privacy Policy.

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert ownership over your Contributions. You retain ownership of your Contributions and associated intellectual property rights. By posting Contributions, you grant us a worldwide, non-exclusive, royalty-free license to host, use, copy, display, reproduce, and distribute your Contributions as needed to operate, promote, and improve the Services. We are not liable for statements or representations in your Contributions. You are solely responsible for your Contributions.

7. Recommendations

Nomby recommendations are informational suggestions based on preferences, group inputs, and available restaurant data. Hours, prices, menus, availability, and other venue details change and may be incomplete or inaccurate. Nomby is not responsible for dining decisions, allergy or dietary outcomes beyond preferences you enter, reservations, or third-party restaurant experiences.

8. Services management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

9. Term and termination

These Legal Terms remain in full force and effect while you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

You may stop using Nomby and delete your account at any time in the app (Profile → Delete account) or via nomby.app/delete-account.

10. Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

11. Governing law

These Legal Terms shall be governed by and defined following the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. Nomby and you irrevocably consent that the courts of British Columbia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms, except as otherwise provided in the Dispute resolution section below.

12. Dispute resolution

Informal negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating court proceedings. Such informal negotiations commence upon written notice from one Party to the other Party (email to nomby.app@gmail.com is sufficient to notify us).

Courts

If the Parties are unable to resolve a Dispute through informal negotiation, then either Party may pursue the Dispute exclusively in the courts of British Columbia, Canada, and each Party consents to personal jurisdiction there, except for Disputes that must be brought in another forum under applicable law that cannot be waived.

Restrictions

To the full extent permitted by law, (a) no Dispute shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be brought on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons, except where such waiver is prohibited by law.

13. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, restaurant details, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

14. Disclaimer

The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites or mobile applications linked to the Services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (4) any interruption or cessation of transmission to or from the Services, (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Nothing in these Legal Terms limits rights that cannot be waived under the laws of British Columbia or Canada.

15. Limitations of liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the twelve (12) months preceding the claim or CAD $100. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

16. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

17. User data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data, to the extent permitted by law.

18. Electronic communications, transactions, and signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services, where permitted by law.

19. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute Legal Terms, to the extent permitted by law.

20. Contact us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at nomby.app@gmail.com.

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