Terms of Service

1. About these Terms

These Terms of Service ("Terms") govern your use of the Nom404 platform ("Service"), operated by Caraig Software Development Services (DTI registered, reference DAPZ931819024479), with registered address at Axis Residences, Pioneer St., Brgy Barangka Ilaya, Mandaluyong City, 1550, Philippines ("Nom404", "we", "us"). By creating an account, signing up for a subscription, scanning a Nom404 QR code, or otherwise accessing the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. The Service

Nom404 is a software-as-a-service platform that helps food and beverage businesses (cafés, restaurants, casual dining) accept orders, manage menus, and operate point-of-sale workflows. The Service consists of:

• A customer-facing web app at nom404.com and a mobile app for end customers ordering from participating businesses
• A business dashboard for owners and managers to operate their business
• A staff app for kitchen and front-of-house workflows
• An admin portal used internally by Nom404 for platform operations

3. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of entering into binding contracts to register a business account, create a staff account, or sign up for a paid subscription. End customers ordering food may be 13 or older. The Service is not directed at children under 13.

4. Account types

• Business account — the legal owner of a food and beverage business that subscribes to the Service. Pays subscription fees. Owns and is responsible for the data uploaded under their business profile.
• Staff account — an employee or contractor of a Business, granted permissions by the business owner to operate the Service on their behalf. The Business is responsible for staff conduct.
• Customer account — an end customer with a registered Nom404 account, used to track order history, favorites, and loyalty across visits.
• Guest — an end customer ordering without an account, identified by a randomly generated device ID. Guest data is more limited but covered by the same Privacy Policy.

5. Subscriptions and billing

Business accounts subscribe to one of our published tiers (Free, Starter, Growth, Pro, Enterprise) at the rates posted at nom404.com. Paid subscriptions follow a manual one-shot billing model — each payment buys you 30 days of access to the chosen tier, after which you must pay again to continue. Subscription terms:

• Currency and processor — All paid subscriptions are billed in Philippine Pesos (PHP) and processed by HitPay Payment Solutions Pte Ltd, our payment processor. We do not store your card number, GCash account, or any payment instrument; HitPay collects the payment for each charge through their hosted checkout.
• One-shot billing, not auto-renewing — Each payment covers a single 30-day billing period. We do NOT automatically charge your payment method for the next period. To continue at a paid tier you must initiate a new payment from the business dashboard before (or shortly after) the period ends.
• Renewal reminders — As a courtesy, we email the business owner five (5) days before the period ends, on the day of expiry, and at the end of the seven (7) day grace period. These emails are best-effort notifications; you are responsible for renewing on time regardless of whether you receive or notice them.
• Grace period — When a billing period ends without renewal, the Service continues at your current tier for a seven (7) day grace period. If you pay during the grace period, your tier remains active and a fresh 30-day period begins from the date of payment. If you do not pay within seven (7) days, your subscription automatically downgrades to the Free tier and paid features are suspended until you upgrade again.
• Payment methods — Available payment methods are surfaced in the upgrade dialog. As of April 2026 the only live method is GCash; QR Ph and Card payments are listed as "Coming soon" and will be enabled when their respective integrations are ready. Method availability may change without notice.
• GCash payments are non-refundable — HitPay's automated refund flow does not support GCash transactions. Once a GCash payment is confirmed, you cannot recover the amount through the in-product refund flow. You may still request a manual goodwill refund by emailing support@nom404.com within fourteen (14) days; manual refunds are at our reasonable discretion and processed via direct GCash transfer.
• Refunds (other methods) — For payment methods that HitPay supports refunding (Card, when available), pro-rated refunds may be requested within fourteen (14) days of the charge if you have not made substantial use of paid features in that billing period. Refund eligibility is at our reasonable discretion. Refund requests after fourteen (14) days are not granted.
• Invoices — A BIR-compliant invoice is issued for each successful subscription charge and delivered to the business owner's registered email and within the business dashboard.
• Taxes — Subscription fees are exclusive of applicable taxes. Nom404 is currently a Non-VAT registered entity operating below the VAT threshold; invoices are issued as Non-VAT. If Nom404 becomes VAT-registered in the future, VAT will be added to subsequent invoices with at least 30 days' advance notice.
• Statement descriptor — Charges may appear on your bank or e-wallet statement as "Nom404 by Caraig Software Development Services" or a similar variant assigned by HitPay.
• Chargebacks — Before initiating a chargeback or dispute with your card issuer or e-wallet provider, you agree to contact support@nom404.com to attempt resolution. Chargebacks filed without prior contact may result in account suspension pending investigation.
• Price changes — We may change subscription pricing with at least 30 days' notice. Pricing changes apply to subsequent billing periods, never retroactively.
• Cancellation — Because there is no recurring authorization, there is nothing to cancel — simply do not initiate a new payment when your current period ends and your account will downgrade to Free after the grace period.
• Future return to recurring billing — If and when HitPay restores recurring (saved-method) billing for our supported channels, we may reintroduce auto-renewal. We will email all paying owners at least 30 days before any such change and require explicit re-consent for the new authorization.
• Enterprise tier — Enterprise tier subscriptions are provisioned through a separate written order form and may be governed by additional terms agreed in that order form. The provisions in this §5 apply to Enterprise only where the order form does not say otherwise.
• Promotional pricing — Promotional pricing (e.g. PIONEER3MO codes) is governed by the specific terms of each promotion and may be revoked for fraud or terms violations.

6. End-customer ordering

When end customers order food through the Service, the order is placed directly with the participating Business — not with Nom404. Specifically:

• Prices, availability, allergen information, and menu items are set and maintained by each Business; Nom404 does not control or verify these.
• End customers pay the Business directly via GCash, Maya, cash, or other payment methods the Business has enabled. Nom404 does not process or hold these end-customer payments.
• Order disputes, refunds, food quality concerns, and cancellation requests for individual orders are handled by the Business according to their own policies.
• Payment proof images uploaded through the Service for cash or e-wallet verification are shared with the Business solely for that purpose.

7. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in violation of Philippine law
• Submit false payment proof, fraudulent orders, or misrepresent your identity
• Interfere with, disrupt, probe, or attempt to gain unauthorized access to the Service or any related systems
• Reverse-engineer, decompile, or extract source code from the Service except where expressly permitted by law
• Resell, sublicense, or repackage the Service without our written consent
• Use the Service to send spam, phishing, malware, or other harmful content
• Post abusive, defamatory, harassing, or fraudulent reviews
• Use automated systems, bots, scrapers, or crawlers to interact with the Service except for our own published bots and well-behaved search engines

8. Business obligations

If you operate a Business account, you additionally agree to:

• Maintain accurate menu, pricing, and allergen information; the Service includes mandatory allergen disclaimers but you remain responsible for safe food preparation
• Honor orders placed through the Service in good faith and resolve order issues with end customers in a reasonable manner
• Comply with all applicable laws including food safety, sanitation, BIR receipting, and Department of Tourism requirements where applicable
• Keep your business account credentials and staff accounts secure; you are responsible for actions taken under accounts you control
• Pay subscription fees on time; persistent payment failures may result in service suspension or downgrade

9. Reviews and user-generated content

• End customers may submit reviews and ratings for businesses they have ordered from. Reviews must be honest and based on a genuine experience.
• Nom404 may remove reviews that violate these Terms, are flagged as abusive or fraudulent, or are subject to a takedown notice. We do not pre-moderate reviews.
• By submitting a review or other content (e.g. photos, allergen notes), you grant Nom404 a worldwide, royalty-free, non-exclusive license to display, store, and distribute it within the Service for as long as your account exists.
• Businesses may respond to reviews of their own business; responses are subject to the same conduct rules.

10. Intellectual property

• Nom404 retains all rights, title, and interest in the Service, including software, designs, logos, trademarks, and documentation. No license is granted except as expressly stated.
• Businesses retain ownership of their menu, branding assets, and customer data uploaded to the Service. By uploading, you grant Nom404 the licenses necessary to host, process, and display that data within the Service.
• End customers retain ownership of content they submit (reviews, photos), subject to the license described in §9.
• If you believe content on the Service infringes your intellectual property, contact legal@nom404.com with sufficient detail to investigate.

11. Privacy

Our collection and use of personal data is governed by our Privacy Policy at nom404.com/privacy, which is incorporated into these Terms by reference. We comply with the Data Privacy Act of 2012 (Republic Act No. 10173) and its implementing rules.

12. Service availability

• We aim to keep the Service available continuously but do not guarantee uninterrupted operation.
• Planned maintenance is announced in advance through the business dashboard or email when feasible.
• Downtime caused by third-party providers (Firebase, HitPay, Resend, Vercel, Cloudflare, internet service providers) is outside our reasonable control.
• We may modify, add, or remove features at any time. Material reductions in functionality available to a paid tier will be communicated at least 30 days in advance.

13. Disclaimer of warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, to the maximum extent permitted by law. Without limiting the foregoing, Nom404 does not warrant:

• The accuracy, completeness, or currency of menu items, prices, or business information set by Businesses
• The quality, safety, hygiene, or legality of food prepared by Businesses
• Uninterrupted, error-free, or fully secure operation of the Service
• That the Service will meet your specific requirements or business goals

14. Limitation of liability

To the maximum extent permitted by Philippine law, Nom404 and its directors, officers, employees, and agents shall not be liable for:

• Food quality, preparation methods, allergen exposure, hygiene, or any health outcome at participating Businesses
• Payment disputes between end customers and Businesses
• Losses resulting from unauthorized access to your account due to your failure to maintain credential security
• Any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption
• Aggregate liability arising from or related to the Service in excess of the greater of (a) ₱10,000 or (b) the subscription fees paid by you to Nom404 in the 12 months preceding the claim

15. Indemnification

You agree to indemnify and hold Nom404 harmless from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Service in violation of these Terms or applicable law, your content uploaded to the Service, or your interactions with other users.

16. Suspension and termination

• We may suspend or terminate your access for material breach of these Terms, suspected fraud, security risk, or non-payment, with or without notice depending on severity.
• You may stop using the Service or delete your account at any time through the relevant app or by contacting support@nom404.com.
• On termination, your right to use the Service ends immediately. Surviving provisions include §10 (IP), §11 (Privacy), §13 (Disclaimers), §14 (Liability), §15 (Indemnification), §18 (Governing Law), and any others that by their nature should survive.

17. Changes to the Service or these Terms

We may update these Terms from time to time. Material changes (e.g. pricing, refund policy, dispute resolution) will be communicated at least 30 days in advance via email or in-app notice. Continued use of the Service after the effective date of changes constitutes acceptance of the updated Terms.

18. Governing law and venue

These Terms are governed by the laws of the Republic of the Philippines, without regard to its conflict-of-laws provisions. Any dispute arising from or related to these Terms or the Service shall be brought exclusively in the courts of Mandaluyong City, Metro Manila. Both parties consent to the personal jurisdiction of those courts.

19. Force majeure

Neither party is liable for failure or delay in performance caused by events beyond reasonable control, including natural disasters, government action, war, pandemics, infrastructure failures, or third-party service outages.

20. Miscellaneous

• If any provision of these Terms is held unenforceable, the remaining provisions remain in full force.
• Failure to enforce a provision is not a waiver of that or any other provision.
• These Terms (together with the Privacy Policy and any specific subscription order) constitute the entire agreement between you and Nom404 regarding the Service.
• You may not assign these Terms or your account without our written consent. We may assign in connection with a merger, acquisition, or sale of assets.
• Notices to Nom404 must be sent to legal@nom404.com.

21. Nom Business iOS companion app

Additional terms specific to the Nom Business iOS companion app (App Store ID `com.nom404.businessApp`). These supplement the platform-wide terms above; for any conflict, this section governs the iOS companion specifically.

• Eligibility — restricted to verified business owners of an active Nom404 business. The app authenticates against existing accounts only; new consumer accounts cannot be created from iOS.
• Sign-in methods — email/password, Sign in with Apple, and Google Sign-in all resolve to the same Firebase Authentication identity.
• Acceptable use — view live orders, browse your own menu, toggle item availability, and view operational insights for businesses you own or co-own. Full menu/payment/staff CRUD lives on https://business.nom404.com (out of scope for the iOS companion).
• Account responsibility — you are responsible for all activity under your account. Keep credentials confidential. Notify us immediately of any unauthorized access at security@nom404.com.
• Account deletion — Settings → Account → Delete Account. Deletion is final: it transfers ownership of any business you solely own to an active co-owner if one exists, otherwise soft-deletes the business with a 90-day grace period before permanent removal. Order and transaction records are retained 7 years per Philippine BIR Section 235 for accounting and audit purposes.
• Push notifications — opt-in at first sign-in; you can disable in iOS Settings → Notifications → Nom Business at any time without losing any other app functionality.
• Service availability — same as the platform-wide terms above; we aim for high availability but do not guarantee uninterrupted service.

22. Contact

For questions about these Terms: Email: legal@nom404.com General support: support@nom404.com Operator: Caraig Software Development Services DTI Ref: DAPZ931819024479 Address: Axis Residences, Pioneer St., Brgy Barangka Ilaya, Mandaluyong City, 1550, Philippines