Terms of Service

1. Eligibility

You must be at least 13 years old to use the Service. If you are between 13 and 18 years old, you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

By using the Service, you represent and warrant that you have the legal capacity to enter into a binding agreement and that you are not barred from using the Service under any applicable law.

2. Accounts

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration and keep it up to date.
• Maintain the confidentiality of your account credentials and not share them with any third party.
• Notify us immediately at jorge@nomtruck.app if you suspect unauthorized access to your account.
• Accept responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that violate these Terms, contain false information, or have been inactive for an extended period.

3. The Service

NomTruck is a platform that connects food truck vendors with customers. The Service allows vendors to broadcast their real-time location on a live map and send push notification blasts to customers in their city, and allows customers to discover nearby trucks, browse menus, and receive alerts.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.

The Service is provided for lawful purposes only. You are solely responsible for ensuring your use complies with all applicable laws and regulations in your jurisdiction.

4. Vendor Terms

If you register as a vendor, the following additional terms apply:

• Accurate information — you agree to provide truthful and current information about your truck, menu, and location. Misleading customers about your location, operating hours, or menu constitutes a material breach of these Terms.
• Blast usage — push notification blasts are rate-limited to one per 60 seconds. You may only send blasts that accurately describe your truck's arrival, location, or current specials. Spam, misleading alerts, or blasts unrelated to your truck's activity are prohibited.
• Food safety and compliance — you are solely responsible for ensuring that your food products comply with all applicable health codes, permits, licenses, and regulations. NomTruck does not inspect, certify, or guarantee the safety of any food sold through the Service.
• Independent contractor — vendors are independent businesses, not employees, agents, or partners of NomTruck. NomTruck is not responsible for any vendor's products, services, conduct, or representations.
• Go-live responsibility — you are responsible for ensuring your location is accurate when you go live on the map. Fraudulent or incorrect location data may result in account suspension.

5. Customer Terms

If you register as a customer, the following additional terms apply:

• Location permission — certain features, such as viewing nearby trucks, require you to grant location access. You may revoke this permission at any time through your device settings, though doing so will limit the functionality of the Service.
• Push notifications — by enabling notifications, you consent to receive alerts from vendors in your city. You may opt out at any time through your device settings or in-app preferences.
• No guarantee of availability — truck locations and operating hours are provided by vendors in real time. NomTruck does not guarantee that any particular truck will be available, on time, or at the location shown.
• Transactions — any purchase you make from a vendor is a transaction solely between you and that vendor. NomTruck is not a party to those transactions and accepts no liability for them.

6. Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Post false, misleading, or deceptive content, including fake truck locations or fabricated menu items.
• Harass, threaten, stalk, or intimidate any other user of the Service.
• Attempt to gain unauthorized access to any part of the Service, another user's account, or our systems or networks.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Use automated scripts, bots, scrapers, or other tools to collect data from or interact with the Service.
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure.
• Send unsolicited communications or spam to other users.
• Upload or transmit viruses, malware, or any other malicious code.

Violation of these prohibitions may result in immediate account suspension or termination and, where appropriate, referral to law enforcement.

7. User Content

You may submit content to the Service, including truck names, menu descriptions, photos, and other information ("User Content"). You retain ownership of your User Content, but by submitting it you grant NomTruck a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, display, distribute, and adapt that content in connection with operating and promoting the Service.

You represent and warrant that your User Content does not infringe any third party's intellectual property rights, violate any law, or contain content that is defamatory, obscene, or harmful.

We reserve the right to remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable, without prior notice.

8. Payments and Fees

NomTruck currently charges no commission or transaction fees on sales made through the Service. We reserve the right to introduce fees in the future with advance notice to affected users.

Any payments made directly between customers and vendors are independent transactions. NomTruck is not a payment processor and assumes no responsibility for payment disputes, refunds, chargebacks, or failed transactions between customers and vendors.

If we introduce a subscription or premium tier in the future, billing terms and cancellation policies will be presented to you at the time of purchase and will supplement these Terms.

9. Intellectual Property

The Service and all of its original content, features, and functionality — including but not limited to the NomTruck name, logo, design, software, text, and graphics — are owned by NomTruck and are protected by applicable intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Service or its content without our express written permission. Nothing in these Terms grants you any right, title, or interest in the Service other than the limited right to use it as permitted here.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOMTRUCK DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any vendor-provided content, including truck locations, menus, or hours of operation.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOMTRUCK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT WILL NOMTRUCK'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE CLAIM OR (B) $100 USD.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless NomTruck and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Service.
• Your User Content.
• Your violation of these Terms.
• Your violation of any third-party right, including any intellectual property right or privacy right.
• Any dispute between you and another user of the Service, including any vendor-customer transaction.

13. Termination

You may delete your account at any time through the in-app settings. Deletion removes your account and associated personal data in accordance with our Privacy Policy.

We may suspend or terminate your access to the Service at any time, with or without cause or notice, including if we believe you have violated these Terms. Upon termination, your right to use the Service ceases immediately.

Sections that by their nature should survive termination — including Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law — will survive any termination of these Terms.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

Informal resolution. Before filing any formal legal claim, you agree to contact us at jorge@nomtruck.app and give us 30 days to attempt to resolve the dispute informally.

Binding arbitration. If we cannot resolve the dispute informally, you and NomTruck agree to resolve it through binding individual arbitration under the rules of the American Arbitration Association, rather than in court. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in court for violations of intellectual property rights or to prevent irreparable harm.

15. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the effective date at the top of this page and, where appropriate, notify you via email or an in-app notice.

Your continued use of the Service after updated Terms take effect constitutes your acceptance of the revised Terms. If you do not agree with the changes, you must stop using the Service and delete your account.

16. Miscellaneous

Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and NomTruck regarding the Service and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Force majeure. We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet outages.

17. Contact Us

If you have questions or concerns about these Terms, please contact us: