Terms of Service
Agreement to Terms
By accessing or using Nommy (“the Service”), operated by Lootpop PLT (“Company,” “we,” “us,” or “our”) you agree to be bound by these Terms of Service (“Terms”). If you disagree with any part of these terms, you do not have permission to access the Service.
Description of Service
Nommy provides a website builder platform that allows users to create websites and digital menus for food businesses. The Service includes hosting, storage of media assets, and tools for managing online presence.
Accounts and Registration
Eligibility
You must be at least 18 years old to use this Service. By registering, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms.
Account Security
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Social Login
You may register using a third-party account (e.g., Google). By doing so, you authorize us to access and store your basic profile information (name and email) as provided by that third party.
Free Service and Optional Add-ons
Free self-serve product
Nommy’s website builder, digital menu, QR codes, locations, themes, customization, analytics, and related self-serve features are provided free forever. No credit card is required to create or use the free self-serve product.
Managed service
You may ask Nommy to manage agreed website and menu changes for your business, including its locations. Managed is billed per business, regardless of location count. Current add-on prices and available billing options are shown on Nommy’s pricing and billing pages.
Other add-ons
Custom Domain and Remove Branding are optional recurring add-ons, billed per business rather than per location. Current add-on prices and available billing options are shown on Nommy’s pricing and billing pages. Domain registration and renewal remain separate registrar costs.
Requests and billing
Managed requests are arranged through WhatsApp. Please message us at least 24 hours before a website or menu change is needed. We confirm the business scope, locations involved, start or end date, and billing details with you directly. Recurring add-ons may be paid through automatic Stripe billing or by an agreed manual payment method. Adding or deleting a location does not automatically start or stop an add-on or change its business price.
Billing periods and renewals
The first paid recurring add-on sets the business billing cycle. Later recurring add-ons use that same monthly or yearly cycle. A later add-on may be activated during an existing billing period, with its first charge prorated for the remaining portion, and then joins the shared renewal date. All recurring add-ons for the business renew together; Nommy does not support mixing monthly and yearly recurring add-ons.
Price Changes
We may change the price or scope of a recurring add-on. We will communicate material changes before they apply to the business’s add-on. The free self-serve product remains free unless you separately request a paid add-on.
Third-Party Services
The Service may include or link to third-party services or websites (“Third-Party Services”) such as payment processors, social media platforms, or other integrations. We are not responsible for examining or evaluating the contents or accuracy of any Third-Party Services, nor do we warrant that the Third-Party Services will function uninterrupted or error-free.
Your use of Third-Party Services is governed by the terms and privacy policies of those third parties. We encourage you to review the terms and privacy policies of any Third-Party Services you access through the Service.
Cancellation and Termination
Cancellation by User
You may end a manually paid add-on for the business by contacting us on WhatsApp before the next renewal date. Stripe-billed add-ons can be cancelled through the Stripe billing controls in the dashboard.
An add-on normally remains active through the current paid period and ends on the next billing date. No automatic proration or refund is provided for an unused portion unless we separately agree otherwise or applicable law requires it.
Ending an add-on does not remove your website, menu, QR codes, locations, or content. You can continue managing the free self-serve product yourself.
Termination by Company
We reserve the right to suspend or terminate your account and access to the Service if we believe you have violated these Terms, without prior notice or liability.
Survival
Upon termination or cancellation, the following provisions shall survive: any provisions which by their nature should survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
User Content
Ownership
You retain all rights, title, and interest in and to the content you upload, post, or display on or through the Service (“User Content”), including but not limited to logos, menu text, and images.
License to Nommy
You grant us a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, and display the User Content solely for the purpose of operating, hosting, and displaying your website on the Service.
Responsibility
You are solely responsible for the User Content. You represent and warrant that:
- You own the rights to the User Content or have the necessary licenses/permissions to use it.
- The content does not infringe on the intellectual property rights or privacy rights of any third party.
- The content complies with all applicable laws.
Indemnification
You agree to defend, indemnify, and hold harmless Lootpop PLT and its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of:
- Your use and access of the Service;
- Your violation of any term of these Terms;
- Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- Any claim that your User Content caused damage to a third party.
This indemnification obligation will survive the termination of your account and these Terms.
Acceptable Use
You agree not to:
- Use the Service for any illegal, fraudulent, or unauthorized purpose.
- Upload content that is defamatory, obscene, harassing, discriminatory, or harmful.
- Infringe intellectual property or other rights of others.
- Attempt to reverse-engineer, decompile, hack, interfere with, or gain unauthorized access to the Service.
- Use the Service to transmit spam, malware, or viruses.
- Resell, sublicense, or make the Service available to third parties without our permission (except as part of your hosted User Website for your customers).
- Scrape, copy, or extract data from the Service in bulk.
We may remove content or suspend/terminate access for violations.
Intellectual Property
The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Lootpop PLT and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written consent.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Lootpop PLT, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Service;
- Any conduct or content of any third party on the Service;
- Any content obtained from the Service; or
- Unauthorized access, use, or alteration of your transmissions or content.
Liability Caps
Our total liability to you for all claims arising from or relating to these Terms or your use of the Service shall not exceed the total amount of fees paid by you for recurring add-ons during the twelve (12) month period immediately preceding the claim.
Disclaimer
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
We do not warrant that the Service will function uninterrupted, secure, or available at any particular time or location; that any errors or defects will be corrected; or that the Service is free of viruses or other harmful components.
Governing Law
These Terms shall be governed by and construed in accordance with applicable laws, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the use of the Service shall be subject to the exclusive jurisdiction of the courts in the jurisdiction where the Company is registered.
Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
Contact Us
If you have any questions about these Terms, please contact us at [email protected].