Terms of Service

These Terms of Service (the "Terms") are a contract between you and Nomsta LLC, a Washington limited liability company ("Nomsta", "we", "us"), the operator of the Nomsta platform for discovering pop-up restaurants and food events (the "Service"). Please read them carefully.

1. Acceptance of these terms

By creating an account, registering a brand, or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

2. Who can use Nomsta

You must be at least 18 years old, or the age of majority where you live, to use the Service. By using Nomsta you confirm that you meet this requirement and that any information you provide is accurate. If you use the Service on behalf of a business, you confirm that you are authorised to bind that business to these Terms.

3. Your account

Authentication is handled by our identity provider, Clerk. You are responsible for the activity that happens under your account and for keeping your credentials secure. Tell us promptly if you believe your account has been compromised. We may refuse, suspend, or remove accounts at our discretion, including for the reasons set out in these Terms.

4. Using Nomsta as a diner

The Service lets you browse, search, follow brands and events, and mark yourself as interested. Listings are provided by vendors and surfaced by Nomsta. We do not prepare, sell, or guarantee any food, event, or experience, and we are not a party to any transaction between you and a vendor. Details such as timing, location, menus, and availability can change without notice - confirm directly with the vendor before you rely on them.

5. Vendor terms

If you register a brand and list pop-ups or events (a "Vendor"), the following additional terms apply to you.

Your listings

You are solely responsible for your brand, your listings, and the food, events, and experiences you offer, including their accuracy, legality, safety, food-safety and hygiene compliance, and all required licences and permits. You confirm you have the right to use everything you upload and that your listings are not misleading.

Payments, fees, and billing

Paid plans and any payment processing are handled through our payment provider, Stripe. By subscribing to a paid plan you authorise us and Stripe to charge your chosen payment method for the applicable fees on a recurring basis until you cancel. Fees are stated at the point of purchase. Except where required by law, fees are non-refundable. We may change plan pricing on reasonable notice; changes take effect at your next billing cycle.

Responsibility

You are responsible for any claims arising from your listings or your dealings with diners, and you agree to indemnify Nomsta against losses arising from your breach of these Terms or from the food, events, or experiences you provide.

6. Your content

You keep ownership of the content you submit - text, images, branding, and other material. You grant Nomsta a worldwide, non-exclusive, royalty-free licence to host, store, display, and distribute that content for the purpose of operating and promoting the Service. You can remove your content by deleting it or your account, though copies may persist in backups for a limited time.

7. Things you may not do

• Post false, misleading, unlawful, or infringing content.
• Impersonate another person or brand, or misrepresent your affiliation.
• Interfere with, probe, or attempt to gain unauthorised access to the Service.
• Scrape, harvest, or bulk-collect data from the Service without our permission.
• Use the Service to harass others or to send spam.
• Use the Service in violation of any applicable law or regulation.

8. Intellectual property

The Service, including the Nomsta name, logo, design, and software, belongs to us or our licensors and is protected by intellectual-property laws. These Terms do not grant you any right to use our branding except as needed to use the Service as intended.

9. Third-party services

The Service relies on third parties including Clerk (authentication), Stripe (payments), and media hosting providers. Your use of those features may be subject to the third party's own terms. We are not responsible for third-party services we do not control.

The Service includes Google Maps features and content. Your use of those features is subject to the then-current Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.

10. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, or that listings are accurate or complete.

11. Limitation of liability

To the fullest extent permitted by law, Nomsta will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss arising from your dealings with vendors or diners. Our total liability for any claim relating to the Service is limited to the amount you paid us in the 12 months before the claim, or USD $100 if you paid us nothing.

12. Suspension and termination

You can stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or other users. Provisions that by their nature should survive termination will survive.

13. Changes to these terms

We may update these Terms from time to time. If we make material changes we will take reasonable steps to let you know. Continuing to use the Service after changes take effect means you accept the updated Terms.

14. Governing law

These Terms are governed by the laws of the State of Washington, United States, without regard to its conflict-of-law rules, and the state and federal courts located in Washington have exclusive jurisdiction over any dispute, except where applicable law gives you the right to bring a claim elsewhere.

15. Contact

Questions about these Terms? Reach us through our contact page or at [email protected].