1. Agreement and Eligibility
These Terms of Service govern access to and use of nomly.ai and the Nomly products and services operated by Crave Up Inc. (collectively, the “Service”). By accessing or using the Service on behalf of a business, you represent that you are at least 18 years old, have authority to bind that business, and agree to these Terms.
2. Acceptable Use
You may use the Service only for lawful business purposes.
- Do not violate applicable law or another person's rights.
- Do not attempt unauthorized access, probe security, or disrupt the Service.
- Do not reverse engineer the Service except where applicable law permits it.
- Do not use the Service to send unlawful, deceptive, abusive, or unsolicited communications.
3. Accounts and Restaurant Information
- You are responsible for your credentials and activity under your account.
- You must provide accurate menu, pricing, hours, location, and routing information and keep it current.
- Notify us promptly if you believe your account has been compromised.
4. Fees, Billing and Cancellation
Paid subscriptions, usage charges, billing intervals, renewal terms, and cancellation rights are the ones shown in your order form or checkout. If those commercial terms conflict with this section, the order form controls.
- You authorize us and our payment provider to charge applicable fees and taxes.
- Fees already incurred are non-refundable except where your order form or applicable law says otherwise.
- We may suspend paid features after reasonable notice if payment is overdue.
5. Voice, AI and Call Recording
- Voice and AI outputs may contain errors. You remain responsible for reviewing orders, reservations, messages, and other business actions before relying on them.
- Where call recording or transcription is enabled, you must configure and use the Service in compliance with applicable notice and consent laws.
- Our Voice & Call Recording notice explains the information involved and how to make a privacy request.
6. Customer Data and Privacy
As between you and Crave Up Inc., you retain your rights in data you submit to the Service. You give us permission to process that data as necessary to provide, secure, support, and improve the Service and as described in our Privacy Policy.
- You are responsible for having the rights and notices required to provide Customer Data to us.
- We may use aggregated or de-identified information that does not reasonably identify an individual or your business.
7. Intellectual Property and Feedback
- The Service, software, designs, models, documentation, and Nomly branding are owned by Crave Up Inc. or its licensors.
- You may provide feedback. We may use it without restriction or compensation, provided it does not identify you or disclose your confidential information.
8. Third-Party Services
The Service may connect to third-party products such as telephony, scheduling, point-of-sale, payment, and analytics providers. Their terms and privacy practices govern your use of their services. We are not responsible for third-party products outside our control.
9. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” CRAVE UP INC. DISCLAIMS IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SUITABLE FOR EVERY USE CASE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRAVE UP INC. AND ITS AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY.
OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS. These limits do not apply where prohibited by law.
11. Suspension and Termination
You may stop using the Service at any time. We may suspend or terminate access if you materially breach these Terms, create security or legal risk, or fail to pay amounts due. Where practical, we will provide notice and an opportunity to cure. Provisions that by their nature should survive termination will survive.
12. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Unless applicable law requires otherwise, disputes will be brought exclusively in the state or federal courts located in Delaware, and each party consents to those courts' jurisdiction.
13. Changes to These Terms
We may update these Terms by posting the revised version and changing the last-updated date. If a change materially affects your rights, we will provide additional notice where required. Your continued use after the effective date of revised Terms means you accept them.
14. Contact
Questions about these Terms may be sent to:
Crave Up Inc. operates Nomly.
Terms of Service
The terms governing your access to Nomly's website, demos and restaurant software.