Terms of Service

Welcome to Noms. These Terms of Service ("Terms") are a binding agreement between you ("you", "your", or "Customer") and Noms SpA ("Noms", "we", "us", or "our") that governs your access to and use of the Noms API, websites, and related services (together, the "Service").

By creating an account, generating an API key, or otherwise using the Service, you agree to these Terms and to our Acceptable Use Policy and Privacy Policy. If you do not agree, do not use the Service. We make these Terms, the Acceptable Use Policy, and the Privacy Policy available for you to read, store, and print before you accept them, and we confirm each paid subscription by email. If you use the Service on behalf of an organization, you represent that you have authority to bind it, and "you" means that organization.

Definitions

• Service — the Noms API, websites, documentation, and related services.
• API — the Noms application programming interface and the endpoints it exposes.
• Data — the nutritional data (nutrients, ingredients, foods, recipes, and related content) returned by the Service.
• Customer Application — the application, product, or service you build or operate that calls the API.
• End User — a person who uses your Customer Application.
• Plan — the subscription tier you select (see "Plans, billing, and payment").

Who we are

The Service is operated by Noms SpA, a sociedad por acciones organized under the laws of the Republic of Chile.

• Legal name: Noms SpA
• Tax ID (RUT): 78.450.967-2
• Registered address: Vitacura, Región Metropolitana, Chile
• General contact: support@noms.sh
• Legal notices: legal@noms.sh

Eligibility and accounts

You must be at least 18 years old, or the age of majority in your jurisdiction if higher, to use the Service. The Service is offered for professional, business, and commercial use: you represent that you acquire it as an input to your own economic or development activity.

To use most of the Service you must create an account and generate an API key. You are responsible for: providing accurate account information and keeping it current; keeping your API keys and credentials confidential; and all activity under your account or keys, whether or not authorized by you. Treat your API keys like passwords — it is your responsibility to keep them from becoming publicly available. If you believe a key is compromised, rotate it and notify us at support@noms.sh.

Acceptable use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Violating that policy is a breach of these Terms and may result in suspension or termination.

Plans, billing, and payment

The Service is offered on tiered Plans. Current launch Plans are:

Plan prices, quotas, and features are described in our pricing section and are current launch values that we may change with reasonable notice.

Payments and Merchant of Record. Payments for paid Plans are processed by Lemon Squeezy (Lemon Squeezy, LLC), which acts as our authorized reseller and the Merchant of Record for your purchase. This means your purchase and payment are transacted with Lemon Squeezy, not directly with Noms, and you also agree to Lemon Squeezy's terms of service and privacy policy when you buy. Lemon Squeezy is responsible for processing your payment, collecting and remitting any applicable sales tax or VAT, and handling billing, refunds, and chargebacks.

Taxes. Prices may be shown exclusive of tax. Any sales tax, VAT, or GST is calculated, collected, and remitted by Lemon Squeezy as Merchant of Record based on your location, and appears at checkout and on your Lemon Squeezy receipt.

Card data. We do not collect, process, or store your payment-card details. All payment information is handled by Lemon Squeezy, which maintains PCI compliance.

Recurring billing and auto-renewal. Paid Plans are billed in advance and renew automatically at the then-current price each billing period (monthly or annual, as you choose) until cancelled. By subscribing you authorize Lemon Squeezy to charge your payment method each period. We or Lemon Squeezy will notify you of a price increase in advance and, where required, seek your consent before it applies.

Cancellation. You may cancel at any time through your Lemon Squeezy customer portal or by contacting us. To avoid being charged for the next period, cancel at least 48 hours before the end of your current period. Cancellation stops future renewals; your Plan stays active through the period you have already paid for, after which your account reverts to the free Taster tier. If you are a consumer, you may end your subscription by means no more burdensome than how you subscribed, and we will not condition cancellation on paying amounts you may owe.

Failed payments. If a renewal payment fails, Lemon Squeezy will retry the charge and email you to update your billing details. If payment cannot be collected, your subscription may be suspended or cancelled and your API access downgraded or revoked.

Refunds. Except where required by applicable law or expressly stated by us, payments are non-refundable once a billing period has begun. Because Lemon Squeezy is the Merchant of Record, all refunds are processed by Lemon Squeezy, which may also issue a refund within 60 days of a purchase at its discretion. To request a refund, contact us at support@noms.sh or Lemon Squeezy via your receipt. This does not affect any non-waivable statutory refund or withdrawal right you may have as a consumer — see "Your statutory rights as a consumer" below.

Chargebacks. If you have a billing concern, contact us before disputing a charge with your bank. Initiating a chargeback may result in suspension or termination of your account and access.

Your statutory rights as a consumer

Nothing in these Terms limits, excludes, or modifies any right that applies to you on a non-waivable basis under the consumer-protection law of your country of residence, including Law No. 19.496 in Chile. Where any provision of these Terms conflicts with such a right, that right prevails for the affected consumer and the rest of these Terms continues to apply.

• EU / EEA / UK consumers — right of withdrawal. You normally have 14 days to withdraw from a distance purchase of a digital service. Because the Service is supplied immediately, by purchasing and requesting immediate access you expressly consent to performance beginning before the 14-day period ends and acknowledge that you lose the right of withdrawal once access has begun. To exercise a withdrawal right before access begins, contact us or Lemon Squeezy.
• Chilean consumers — derecho de retracto. If you are a consumer in Chile, you may exercise the right of retraction (derecho de retracto) under Article 3 bis of Law No. 19.496 within 10 days of contracting, provided the Service has not yet begun. We do not exclude this right. To exercise it, contact us at support@noms.sh or Lemon Squeezy via your receipt; any refund is processed by Lemon Squeezy as Merchant of Record and, for services, covers the amounts you paid that do not correspond to a service already provided to you at the date of retraction.

The data and your license to use it

License grant. Subject to these Terms and your active Plan, Noms grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access the API and use the Data returned to you solely to develop and operate your own Customer Application during your subscription. No rights are granted except as expressly stated here.

Source of the Data; no ownership representation. The Data is aggregated and normalized by Noms from third-party and publicly available sources. Noms does not represent or warrant that it owns, or holds all rights necessary to grant you any right in, the underlying source data, and grants you no rights in any third-party source data beyond the limited access right above. As between you and Noms, Noms owns the Service, the API, and the compilation, structure, and normalization of the Data; you own your Customer Application.

Restrictions. You will not, and will not permit any third party or End User to:

1. resell, rent, sublicense, distribute, publish, or otherwise provide the Data or any substantial portion of it to a third party, except as displayed within your Customer Application to your own End Users in the ordinary course;
2. scrape, crawl, harvest, or bulk-export the Data, or use the API to systematically download or replicate a substantial portion of the Data;
3. use the Data to build, train, populate, or supplement any database, dataset, or model, or to create any product or service that replicates, competes with, or substitutes for the Service or the Data;
4. cache or retain the Data except as permitted below, or retain it after termination;
5. remove, obscure, or alter any attribution, notice, or disclaimer; or
6. share, resell, or transfer your API key, exceed your Plan's limits, or circumvent any technical restriction or usage control.

Caching and retention. You may cache the Data only as reasonably necessary to operate your Customer Application and serve your own End Users — not to build a persistent or redistributable copy. You will refresh or revalidate cached Data on a commercially reasonable cadence and will not display it to anyone other than your own End Users. On termination or expiry of your subscription, you will promptly stop using and delete all Data obtained from the Service, except a minimal record of identifiers retained solely for audit.

Your compliance responsibility. You are solely responsible for ensuring that your use of the Data and your Customer Application comply with all applicable laws and do not infringe or violate any third-party right (including intellectual property, database, privacy, data-protection, and food-labeling rights). You will obtain any licenses, consents, or permissions your particular use of the Data requires, and you assume all responsibility and risk for that use.

Service levels

The Service carries two distinct commitments. They are separate: one is how quickly we respond to you, the other is how often the API is available. Both are current launch values, revisable over time.

Support response

We offer email-first support at support@noms.sh. Our target time to a first human response, by Plan, is:

A "business day" means Monday to Friday, measured in UTC. For the self-serve Plans (Taster, Sous Chef, Head Chef), these are good-faith targets, not contractual guarantees — missing a target is not a breach of these Terms. Only an Executive Chef contract may convert support response times into a binding commitment. Regardless of Plan, we treat outage and security reports as urgent.

Uptime

Where an uptime commitment applies, a service credit is your sole and exclusive remedy for failing to meet it. This remedy is contractual only and does not affect any non-waivable right you have under applicable consumer-protection law; see "Your statutory rights as a consumer" above. Service credits are calculated as a proportion of the affected month's fee, capped at that month's fee, must be claimed by emailing support@noms.sh within 30 days of the shortfall, and are applied against future fees (not paid in cash). Uptime excludes: scheduled or emergency maintenance; factors outside our reasonable control; failures of third-party services (including Lemon Squeezy, Cloudflare, hosting, and upstream data sources); your own acts, omissions, or misuse; beta features; and the free tier. Current status and incident history are published at status.noms.sh.

Disclaimers

The Service and all Data are provided "as is" and "as available", with all faults. To the maximum extent permitted by law, Noms disclaims all warranties, express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Data is accurate, complete, current, reliable, or error-free, or that the Service will be uninterrupted, secure, or available. This section does not limit the non-waivable warranty rights of consumers (see "Your statutory rights as a consumer").

No reliance — nutritional and health data. The Data is aggregated and normalized from third-party and publicly available sources and is provided for general informational purposes only. It is not medical, nutritional, dietary, or health advice and is not a substitute for professional judgment. The Data must not be relied upon for any medical, dietary, allergen, intolerance, nutritional-adequacy, or food-safety decision where an error or omission could result in illness or injury, without independent verification against an authoritative source. Allergen and ingredient information may be incomplete or incorrect; you must not represent it as authoritative.

Your duty to disclose. If your Customer Application surfaces the Data to End Users, you will display a clear and conspicuous notice that the Data is informational only, may be inaccurate or incomplete, and must not be used for medical, dietary, allergen, or food-safety decisions without independent verification. You are solely responsible for any reliance on the Data by you or your End Users.

Limitation of liability

To the maximum extent permitted by law, neither Noms nor its suppliers or licensors will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, revenue, goodwill, or data, or business interruption, arising out of or relating to the Service, whether in contract, tort, or any other theory, even if advised of the possibility and even if a remedy fails of its essential purpose.

To the maximum extent permitted by law, our total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the fees you paid us for the Service in the three months before the event giving rise to the claim, or (b) USD $100.

These limitations do not apply to liability that cannot be limited or excluded under applicable law — including, under Chilean law, liability for dolo (willful misconduct) and culpa grave (gross negligence, which Article 44 of the Civil Code equates to dolo), and liability for death or personal injury — and do not apply to the non-waivable rights of consumers. Nothing in these Terms purports to waive future dolo (Article 1465 of the Civil Code).

Indemnification

You will defend, indemnify, and hold harmless Noms and its owners, officers, and agents from any claim, demand, loss, liability, damage, cost, or expense (including reasonable legal fees) arising out of or relating to: (a) your use of the Service or the Data; (b) your Customer Application and any content or product you provide; (c) your or your End Users' breach of these Terms or the Acceptable Use Policy; (d) your violation of any law or third-party right, including any claim that your use of the Data infringed or violated a third party's intellectual property, database, privacy, or other rights; and (e) any reliance on the Data by you or your End Users. We will notify you of the claim, let you control the defense (with our consent to any settlement that affects us), and reasonably cooperate.

Suspension and termination

We may suspend or terminate your access to the Service if you breach these Terms or the Acceptable Use Policy, fail to pay, create a security or legal risk, or to protect the Service, other users, or third parties. Where practical and lawful, we will give notice; serious risks may be acted on immediately. You may stop using the Service and close your account at any time. On termination, the data-license restrictions (including the duty to delete the Data) and any provision that by its nature should survive — including the disclaimers, limitation of liability, indemnification, and governing-law terms — will survive.

Changes to the Service and these Terms

We may modify, suspend, or discontinue any part of the Service (including endpoints, Plans, or the API) at any time; for a material reduction we will give reasonable notice where practical, and we are not liable for any discontinuation. Features labeled "beta" or "preview" are provided "as is", carry no SLA or indemnity, and may be changed or withdrawn at any time.

We may update these Terms by posting a revised version with an updated "Last updated" date; for material changes we will give reasonable notice (for example, by email or an in-product notice). Your continued use of the Service after a change takes effect means you accept the revised Terms.

General terms

• Force majeure. Neither party is liable for any failure or delay (other than payment obligations) caused by events beyond its reasonable control.
• Assignment. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Third-party services. The Service relies on third parties (including Lemon Squeezy, Cloudflare, our hosting providers, and upstream data sources); their own terms govern their parts, and we are not responsible for them.
• Export and sanctions. You represent that you are not on a restricted-party list and will not use the Service in violation of applicable export-control or sanctions laws.
• Severability; no waiver; entire agreement. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. These Terms, with the Acceptable Use Policy and Privacy Policy, are the entire agreement between you and us about the Service.
• Language. These Terms are published in English and in Spanish (a Spanish version is available). The English version is the working reference for our global developer audience; however, for a consumer in Chile the Spanish version governs, and in case of any discrepancy the Spanish text prevails for that consumer.
• Notices. We may give notices by email to your account address or by posting to the Service; you may send legal notices to legal@noms.sh.

Governing law and disputes

These Terms are governed by the laws of the Republic of Chile, without regard to conflict-of-laws rules. For any dispute arising out of or relating to these Terms or the Service, you and we submit to the exclusive jurisdiction of the ordinary courts of the city of Santiago, Chile, and, to that end, prorogate competence to those courts under Articles 181 and following of the Code of Organization of Courts.

If you are a consumer protected by Law No. 19.496, you keep your right under Article 50 A to bring a claim before the competent court of your own domicile; no forum clause in these Terms applies to you in a way that overrides that right.

Contact

Questions about these Terms can be sent to legal@noms.sh; general support is at support@noms.sh.