Terms of Use

Summary of Important Points

The App (and the Site) are only available to people who are at least 18 years old and only to people who can use it without violating their local laws.

Keep your Account information private – we're not responsible for unauthorized access to it.
Be nice to other users and don't promote unhealthy behaviors or pretend to be a medical professional, like a doctor or dietitian.
Payments and Subscriptions are automatically charged through your Apple ID. If there's a problem with a payment, please contact the App Store.
The content you create is owned by you, but you give us the right to use it. The content we provide, create or generate is owned by us or licensed to us by third parties, and we are giving you a limited right to use it.
The content that we provide, create or generate, such as nutrition analysis you receive from our Foodnoms database or Foodnoms AI, they may not be always accurate. You should not rely on our content as a sole source of truth or factual information, or as a substitute for professional advice.
We're allowed to get rid of content we think violates these terms or we don't like, and that includes cancelling Accounts.
Sometimes there will be a link to a third-party app or website. We don't control the content of those and aren't responsible for what's available through them, so please be careful.
We're not doctors or medical professionals and nothing in the App or on the Site should be interpreted as medical advice. Please don't rely on it – go see a doctor.
We might change some App or Site features or functionality, and sometimes that includes downtime when the App isn't working or missing information. We're sorry for any inconvenience.
The Terms include binding arbitration in California and a limitation of liability. That means that if there's a dispute between you and us, it won't be in front of a jury and there's a limit to how much money you could recover.
You're agreeing to be responsible for your own actions while using the App, including relying on any information available or third-party links.
If you have questions about these terms, you can email us at legal@foodnoms.com. If you don't agree to them, please uninstall the App and don't use it. By using the App (or the Site), you're agreeing to the entire content of the Terms (not just this summary!)
By accessing or using our App, the Site or our other Services, you acknowledge that you agree to our Privacy Policy which we incorporate as part of our Terms of Use.
This summary is for your convenience only (and not a part of the actual contract terms) because we believe these kinds of things should be easily understood by everyone, not just lawyers. That said, you should still read the full Terms of Use.

Terms of Use

Last Updated: May 29, 2025

Please read these Terms of Use, including those set forth in the Privacy Policy, which is hereby incorporated by reference (together, the "Terms") carefully before using the Foodnoms application (the "App") and https://foodnoms.com/ (the "Site").

These Terms are a contract entered into between You ("you," "your," "yours") and Algebraic Labs, LLC ("we," "us," "our," "Algebraic Labs"). These Terms govern your use of and access to the App and Site, including any content, functionality, and services offered on or through them (the App, the Site and such content, functionality and services altogether, the "Services"). These Terms apply to all visitors, users and others who wish to access or use the App, Site or other Services.

The App is not intended for and is not designed to attract children under 13 years of age. If you are under 13 years of age or currently located in a country where access to or use of the Services is prohibited by law, you must not access or use the App or Site. BY USING OUR SITE, APP OR OTHER SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ANY PORTION OF THE TERMS OF USE YOU MUST NOT ACCESS OR USE THE SERVICES.

You cannot accept these Terms if:

(i) you are not lawfully entitled to use the App under any applicable laws in the country in which you are located or resident; or
(ii) if you are not of legal age to form a binding agreement.

By accepting these Terms you acknowledge and agree that you have reached the age to enter into such binding agreement in the country in which you are located or resident or that you have your parent or legal guardian's permission if required by applicable law. It is your responsibility to ensure that you are legally allowed to enter into these Terms and that you do not violate any applicable laws.

We, or our third-party affiliates may make improvements and/or changes in the capabilities, features, prices, and availability of the App, Site or other Services at any time without notice. You agree that we are not and shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App, the Site, or other Services or any portion or functionality thereof.

For any questions about these Terms of Use, please contact us at legal@foodnoms.com.

1. Types of Users

General User. General User is an individual who browses the public-facing areas of the Services, but does not create an account ("General Users"). No login is required for General Users.

Account User. Account User is an individual who creates an account with us by registering with us or signing in through Apple. Account Users can do all the things that General Users can do, as well as benefit from additional features and capabilities offered through the Services ("Account Users," and together with General Users, and any other person who interacts with the Services are collectively referred to herein as "Users," "you" or "your").

We have the right to refuse to provide you with an Account at our sole and absolute discretion, for any reason or no reason at all, in which case you shall not use the Services.

You are only permitted to have one Account and if your Account is terminated by us for a breach of these Terms, you may not be permitted to create another Account.

You acknowledge that your Account is personal to you, and you are obliged not to provide any other person with access to the Site, App or other Services or portions of it using your email address, password, or other security information.

You are responsible for maintaining the confidentiality of your data and for monitoring and, if necessary, restricting access to your devices. Any email address, password, or any other information chosen by you or provided to you as a part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your Account from a public or shared device so that others are not able to view or record your password or other Account information.

You will use any and all commercially reasonable efforts to prevent unauthorized use of Account assigned to you and will promptly notify us, in writing, if you suspect that an Account is compromised or misused or if any user ID, password or other access credentials are lost, stolen, compromised or misused.

You understand, acknowledge, and agree that to the extent permitted by applicable law, we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Account.

You understand, acknowledge, and agree that any Account information must be accurate, current, and complete, and you will keep your Account information accurate, current, and complete. We may identify you and send notices, statements, and other information by e-mail or through your Account.

2. Permitted Use

You may use the Services for personal and non-commercial purposes only, and solely in accordance to these Terms. You acknowledge that by accessing the Services, you may be able to create, post, upload, submit, publish, otherwise share information, data, images, queries, comments, posts, dietary information, logs, or other content through the App or Site, either directly or indirectly ("User Content"). Any use for other purposes or particular misuse of the Services, Site, or App, is not permitted. You agree not to use your Account, the Site, the App, or other Services in order to:

upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racist, that glorifies violence, is pornographic, unethical or otherwise prohibited or objectionable, including, specifically, information that glorifies or promotes unhealthy dietary behaviors, eating disorders, extreme or excessive exercise, the use or abuse of dietary supplements, injections, or other medical procedures;
impersonate any natural or legal person, or falsely state or otherwise misrepresent your affiliation with a natural or legal person;
impersonate a medical professional, or falsely state or otherwise misrepresent your affiliation with a medical or educational entity or facility;
transmit or otherwise make available any content that you do not have a right to make available, that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
engage in any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary software used to maintain the Site, App or other Services;
create User Content or otherwise upload to, put on, or share through the App, Site, or other Services confidential information which you should not have access to or otherwise - violates any other person or legal entity's intellectual property;
interfere with or disrupt the App, Site, other Services, or servers or networks connected to the App, Site or other Services, including but not limited to hacking or bypassing any measures we may use to prevent unauthorized access to the Site, App or other Services; and/or
violate any applicable national or international rules and laws, as well as rights of third parties;
For any unlawful purpose;
to solicit others to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose of the App, Site, or other Services;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
to interfere with or circumvent our security features;
or for any other reason we may, at our sole and absolute discretion, determine is inconsistent with the purpose of the App, Site, or other Services.

Failure of observing the limits of purpose and permitted use of your Account, the Site, App or other Services is deemed a material breach of these Terms. We shall be entitled to – without prejudice to any other rights and in our sole and absolute discretion – terminate your Account.

You may not use or access the Site, App or other Services if we have terminated your Account or otherwise elect not to provide you access to the Site, App or other Services.

You understand, acknowledge, and agree that we have the right, but not the obligation, to monitor your Account for any reason. You further understand, acknowledge, and agree that we may:

remove anything that is, in our sole discretion, unacceptable, inappropriate, or not in compliance with these Terms,
disclose data to law enforcement agencies or authorities who may investigate reports of misuse or abuse of the Account or the Site, App, or other Services; and
suspend or terminate access to the Account, at any time and without prior notice (see Section 13 "Termination").

3. Subscription Payments, Renewals, and Cancellation

Access to certain aspects of the App or other Services are billed on a subscription basis ("Subscription"). If you choose to purchase a Subscription, payment will be charged to your Apple ID on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

Your Subscription will automatically renew under the exact same conditions unless it is canceled at least 24 hours before the end of the current Billing Cycle. Your account will be charged for renewal within 24 hours prior to the end of the current Billing Cycle. You may manage or cancel your Subscription by going to your account settings on the App Store after purchase.

We do not send invoices to users that purchase a Subscription. Your account balance information can be accessed by going to your account settings on the App Store after purchase.

4. Free Trial Subscriptions

We may offer you a free Subscription for a limited period of time (a "Free Trial") during which you can use all Services or features of the App for a limited period of time. If you fail to cancel your Free Trial you agree to be billed according to the terms set forth in the section of these terms titled "Subscription Payments, Renewals, and Cancellation".

5. Fee Changes

We, in our sole discretion and at any time, may modify, change, or eliminate fee for Subscriptions, between seven (7) to thirty (30) days' advance notice to users with a Subscription or other time periods as required under applicable law and the subscription fee change policies as set by the Apple App Store from time to time. Any modification, change, or elimination of fees will take effect immediately for users without a Subscription.

6. Refunds and Billing Disputes

Refunds are subject to Apple's refund policy which you can find here. We cannot and do not issue refunds for purchases charged to your Apple ID. If you have a billing dispute, you must contact the App Store to seek a remedy.

7. Intellectual Property and User Content

You are responsible for the User Content that you post on or through the App, including its legality, reliability, and appropriateness.

By posting User Content on or through the App, you represent and warrant that the User Content:

is owned and created by you or you have the legal right to use it and the ability to grant us the rights and license as provided in these Terms;
does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity;
does not glorify or promote unhealthy dietary behaviors, eating disorders, extreme or excessive exercise, the use or abuse of dietary supplements, injections, or other medical procedures;
does not falsely or incorrectly claim that you are or any other person is a medical professional, or falsely state or otherwise misrepresent your or another person's affiliation with a medical or educational entity or facility; and
is not and does contain unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racist, that glorifies violence, is pornographic, unethical or otherwise prohibited or objectionable

We reserve the right to terminate the account of anyone or terminate the access of anyone trying to access the Services, whose activities are found to be infringing on the intellectual property or other rights of others or violating these Terms.

Except for those rights granted herein, you retain any and all of your rights to any User Content you submit, post or display on or through the App or Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for any User Content you or any third-party post or otherwise make available on or through the App or Services.

However, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable and license to use, modify, publicly perform, publicly display, reproduce, re-format, distribute and create derivative works any such User Content on and through the Site, App or other Services. You agree that this license includes the right for us to make your User Content available to other users of the App, who may also use your User Content subject to these Terms.

8. Ownership of Services and Foodnoms Content

You agree that the Service contains Foodnoms Content specifically provided by Algebraic Labs, its business partners, licensors, other users and other third parties and that such Foodnoms Content is protected, (individually or as a collective work or compilation) by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, US and international.

The elements of the Foodnoms Content (collectively, "Foodnoms Content") include without limitation, the user interface, interactive features, button icons, content, software, technology, code, as well as any related process or methodology provided or used by Algebraic Labs, graphics, images, data, databases, nutrition analysis, posts, files, scripts, designs, instructions, urls, look-and-feel, design, layout, organization, presentation, navigation, compilation, assembly, arrangement, trade dress and stylistic convention of the Services and other materials and information you may view on or access through the Services. Your use of the Services does not give you ownership of any Foodnoms Content.

You acknowledge that you are obtaining only a limited right to access and use the Foodnoms Content on a hosted basis and that irrespective of any use of the words "purchase", "sale", "sublicense" or like terms hereunder no ownership rights are being conveyed to you under these Terms of Use or otherwise, and further acknowledge that nothing contained in these Terms of Use shall be construed to convey to you ownership of any intellectual property rights in or to any Foodnoms Content or any related methodologies or processes.

9. Use of Foodnoms Content

Subject to your complete and ongoing compliance with these Terms, and except as set forth in Section 13 (Termination), we grant you a limited, non-exclusive, non-transferable, non-sublicensable and worldwide right and license to access and use the Services and the Foodnoms Content solely during the term of these Terms and solely in strict compliance with the provisions of these Terms. You will not remove any proprietary notice language corresponding to the Services and/or the Foodnoms Content.

10. Trademarks

All trademarks, logos, service marks, trade names and trade dress, which includes the "Foodnoms" word mark and logo (collectively, the "Trademarks") displayed on the Services or on Foodnoms Content are registered or unregistered trademarks of Algebraic Labs and/or its licensors, and may not be used unless authorized by the Trademark owner. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services.

11. Feedback

From time to time, you may submit comments, information, questions, data, ideas, descriptions of processes, or other information to us ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Algebraic Labs under any fiduciary or other obligation, and that you grant to Algebraic Labs an irrevocable, worldwide, perpetual and royalty-free license to use, incorporate, modify, improve upon, and create derivative works of the Feedback without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You will not give Feedback that is subject to license terms that seek to require any our product, technology, service or documentation incorporating or derived from such Feedback, or any our intellectual property, to be licensed or otherwise shared with any third party. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by its employees, or obtained from sources other than you.

12. Links To Other Web Sites and Apps

Use of certain links on the App will direct you to third party feeds, software, websites or mobile applications (collectively, "Third-Party Platforms"). Such Third-Party Platforms are not under the control of Algebraic Labs, and we are not responsible for the content of any such Third-Party Platforms or any link contained in such Third Party-Platform. Links to Third-Party Platforms included on or through the App are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such Third-Party Platform or the products or services or information offered therein.

If you decide to access any Third-Party Platform information, you do so entirely at your own risk. In no event shall we be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third-Party Platform. We strongly advise you to read the Terms of Use and Privacy Policies of any Third-Party Platform or any other website or services that you visit.

13. Termination

We may terminate these Terms, your Account, or any use of or access to the App, Site, or other Services at any time for any reason, with or without cause. We specifically reserve the right to terminate these Terms if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of Algebraic Labs or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an Account, you may also terminate these Terms at any time by contacting us at legal@foodnoms.com and requesting termination, subject to the terms of "Subscription Payments, Renewals and Cancellation" in Section 3 and "Refunds and Billing Disputes" in Section 6. These Terms, any provisions that would be expected to survive termination by their nature shall remain in full force and effect, including, but not limited to Indemnification, Limitation of Liability, Arbitration, and Disclaimers of Warranties.

Upon termination, your right to use the Site, App, and other Services is automatically revoked, and if you are an Account User, your Account will be closed. UPON TERMINATION, YOU MUST NOT ACCESS THE SITE, THE APP OR OTHER SERVICES.

Termination of your Account includes: (a) removal of access to all offerings within your subscription, and (b) deletion of your password and all related information, files and User Content associated with or inside your account (or any part thereof). Algebraic Labs may retain a copy of your User Content for backup, archival, or audit purposes and may continue to use, store, display, reproduce, modify, create derivative works, perform and distribute any of your submissions to the Foodnoms database that have been stored prior to the termination.

14. Indemnification

In addition to any other indemnifications stated in these Terms, you agree to indemnify, defend, and hold harmless Algebraic Labs and its affiliates, vendors, licensors and their respective owners, directors, officers, employees, agents, subsidiaries, representatives, successors and assigns from and against all claims, demands, liabilities, suits, actions, judgments, awards, damages, losses, costs and expenses, including attorneys' fees, arising out of, related to, or resulting from

any action taken using your Account, user IDs, passwords or other access credentials,
your use or non-use of the App, Site, or other Services;
your or noncompliance with or breach of these Terms;
your use of third-party services, including products, links, advertisements, or tools; and
your violations of any third-party rights, including any patient or donor privacy or healthcare rights or any third-party intellectual property rights.

15. Limitation Of Liability

In no event shall Algebraic Labs, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, injuries or any other damage that might occur to your health, loss of profits, loss of data, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App, Site or other Services; (ii) any conduct or content of any third party on the App, Site or other Services; (iii) any content obtained from the App, Site or other Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

IN NO EVENT SHALL ALGEBRAIC LABS, ITS EMPLOYEES, SUBSIDIARIES, PARENTS, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS, VENDORS, SUCCESSORS, ASSIGNS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AND MEMBERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGES WHATSOEVER ARISING FROM**

THE USE OF OR INABILITY TO USE THE APP, SITE, OTHER SERVICES, AND ACCOUNTS,
ANY INFORMATION, USER CONTENT, INTELLECTUAL PROPERTY, MATERIALS, OR OTHER SERVICES OTHERWISE MADE AVAILABLE TO YOU THROUGH US,
MEDICAL OR HEALTH DECISIONS AFFECTING YOU OR OTHER PERSONS, OR
MEDICAL, HEALTH, OR INSURANCE COVERAGE DECISIONS AFFECTING YOU OR OTHER PERSONS, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA.

WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR CONFIDENTIAL INFORMATION. BY UTILIZING OUR SITE, APP, SERVICES, OR ACCOUNTS, YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE USE THEM.

OUR LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF OUR, SUBSIDIARIES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS TO YOU OR ANY OTHER PERSON IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THE ABOVE LIMITATIONS SHALL SURVIVE THESE TERMS OF USE AND INURE TO THE BENEFIT OF ALGEBRAIC LABS, ITS AFFILIATES, AND RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS.

Nothing in these Terms shall be construed to create a doctor-patient relationship or other medical relationship by Algebraic labs. These Terms of Use are not intended to, and do not, create or impose any doctor-patient obligation on Algebraic labs, its employees, agents, affiliates, assigns, subcontractors, licensors, suppliers, or any other persons or entities.

16. Disclaimer

ALGEBRAIC LABS DOES NOT PROVIDE MEDICAL, DIETARY, HEALTH, LEGAL, FINANCIAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. ALGEBRAIC LABS IS NOT A DOCTOR, NURSE, DIETICIAN, HOSPITAL, MEDICAL FACILITY, OR RESEARCH FACILITY. NOTHING ON OR IN THE SOFTWARE SHALL CONSTITUTE OR BE CONSTRUED AS MEDICAL ADVICE OR RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE ANY GOODS OR SERVICES) BY ALGEBRAIC LABS OR A RECOMMENDATION AS TO A HEALTH, DIETARY, OR OTHER MEDICAL STRATEGY BY ALGEBRAIC LABS. YOU ACKNOWLEDGE AND AGREE THAT ALGEBRAIC LABS IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE SITE, APP OR THROUGH OTHER SERVICES, WHICH INCLUDES THE OUTPUT GENERATED BY OUR FOODNOMS AI UTILIZING THIRD PARTY AI TOOLS ("AI OUTPUT"). YOU ACCEPT AND AGREE THAT ANY USE OF AI OUTPUTS IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON THE AI OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOUR DECISIONS MADE IN RELIANCE ON THE PRODUCTS OR SERVICES ON THE SITE, APP OR OTHER SERVICES OR YOUR INTERPRETATIONS OF THE DATA FOUND THROUGH THE APP, SITE OR OTHER SERVICES ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOU USE THE SITE, APP AND OTHER SERVICES AT YOUR SOLE RISK.

NO CONTENT ON THE SITE, APP AND OTHER SERVICES IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS

SOME CONTENT PROVIDED ON THE SITE OR APP IS SUBMITTED TO ALGEBRAIC LABS BY UNRELATED THIRD-PARTY PROVIDERS. OTHER CONTENT IS UPLOADED BY YOU. ALGEBRAIC LABS DOES NOT REVIEW ALL CONTENT FOR ACCURACY, DOES NOT REVIEW CONTENT FOR COMPLETENESS OR RELIABILITY, AND DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY OR ANY OTHER ASPECT OF ANY CONTENT.

NEITHER ALGEBRAIC LABS NOR ANY PERSON ASSOCIATED WITH US, INCLUDING AFFILIATES, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, REPRESENTS OR WARRANTS THAT THE SITE, APP OR OTHER SERVICES, OR ACCOUNTS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE MATERIAL AVAILABLE THEREIN, INCLUDING ANY INFORMATION THAT MAY BE PROVIDED THEREWITH OR ANY RESULTS THAT MAY BE OBTAINED THEREFROM. NOR DO WE MAKE ANY WARRANTY THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, SERVICES, ACCOUNTS, SERVERS, OR HOSTING PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THEY WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

ANY DOWNLOADABLE SOFTWARE, PRODUCT, DATA, OR OTHER MATERIALS, INCLUDING THE APP, WITHOUT LIMITATION, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.

17. Dispute Resolution

a. Governing Law; Jurisdiction

These Terms of Use are governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Algebraic Labs agree that, except as provided in Section 17.c, the state and federal courts located in the County of San Mateo, California will have exclusive jurisdiction of all disputes arising out of or related to these Terms of Use or your use of our Services and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Algebraic Labs shall be allowed to apply for equitable remedies (including injunctions) in any court of competent jurisdiction.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

b. Class Action Waiver

YOU AND ALGEBRAIC LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Algebraic Labs agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

c. Dispute Resolution

Please read this Arbitration Agreement carefully. It is part of your contract with Algebraic Labs and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

i. Applicability of Arbitration Agreement

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Algebraic Labs that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Algebraic Labs, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

ii. Notice Requirement and Informal Dispute Resolution

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Algebraic Labs should be sent to the address indicated at the end of these Terms. After the Notice is received, you and the Algebraic Labs may attempt to resolve the claim or dispute informally. If you and the Algebraic Labs do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

iii. Arbitration Rules

Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator experienced in software services industry. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within California, U.S.A. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney's fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

iv. Additional Rules for Non-Appearance Based Arbitration

If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

v. Authority of Arbitrator

If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Algebraic Labs, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Algebraic Labs.

vi. Waiver of Jury Trial

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Algebraic Labs in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ALGEBRAIC LABS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

vii. Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

viii. Confidentiality

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

ix. Severability

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

x. Right to Waive

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

xi. Opt-out

You may opt out of this Section 17.c. If you do so, neither you nor Algebraic Labs can force the other to arbitrate. To opt out, you must notify Algebraic Labs in writing no later than 30 days after first becoming subject to this Section 17.c. Your notice must include your name, address and email address and an unequivocal statement that you want to opt out of this Section 17.c. You must email the opt-out notice to legal@foodnoms.com.

xii. Survival of Agreement

This Arbitration Agreement will survive the termination of your relationship with Algebraic Labs.

xiii. Small Claims Court

Notwithstanding the foregoing, either you or the Algebraic Labs may bring an individual action in small claims court.

xiv. Emergency Equitable Relief

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

xv. Claims Not Subject to Arbitration

Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's or third party's patent, copyright, trademark or trade secrets and non-payment of membership fees shall not be subject to this Arbitration Agreement.

18. Changes to these Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the App. We may revise and update these Terms of Use from time to time in our sole discretion by posting a revised version on the Site. All changes are effective immediately upon becoming publicly available through the Site (the "Effective Date").

YOU UNDERSTAND THAT YOUR CONTINUED USE OF THE SITE, APP OR OTHER SERVICES FOLLOWING THE EFFECTIVE DATE MEANS THAT YOU ACCEPT AND AGREE TO BE BOUND BY ANY CHANGED TERMS, INCLUDING THE ARBITRATION PROVISION IN ABOVE (SUBJECT TO YOUR RIGHT TO OPT OUT OF THE ARBITRATION PROVISION AS PROVIDED IN THAT SECTION). IF YOU DO NOT ACCEPT THE REVISED AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE, APP OR OTHER SERVICES AFTER THE EFFECTIVE DATE.