These Terms of Use ("Terms") form a binding agreement between you and Euphotic Labs Pvt Ltd. ("Nosh," "we," "us," or "our").

 

These Terms govern your purchase, activation and use of Nosh devices, applications, software, firmware, cloud services, AI-assisted features, recipes, websites and related support services.

 

These Terms incorporate the following policies:

• Nosh Privacy Notice

• Nosh Limited Warranty

• Nosh Repair, Replacement and Return Policy

• Nosh Safety Instructions

• Nosh Subscription Terms, where applicable

 

If a subject-specific policy conflicts with these Terms, that policy will govern that subject.

 

IMPORTANT NOTICE

 

These Terms contain important provisions concerning product and food safety, camera and telemetry data, software updates, warranty limitations, limitation of liability, binding arbitration and waiver of class-action rights.

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Please read them carefully.

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1. ACCEPTANCE OF TERMS

 

You accept these Terms when you:

• click "I Agree" during checkout, account creation or Device activation;

• activate or register a Device; or

• use the Services after being presented with these Terms.

 

Nosh may maintain an electronic record of your acceptance, including the applicable Terms version, date, account and Device.

 

If you do not agree to these Terms, do not create an account, activate the Device or use the Services.

 

If you purchase a Device for another person, that person must independently accept these Terms before activating or using it.

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2. DEFINITIONS

 

"Account Holder" means the adult who creates the Nosh account and accepts these Terms.

 

"Authorized User" means a person whom the Account Holder permits to use the Device or Services in accordance with these Terms and the Safety Instructions.

 

"Business Day" means Monday through Friday, excluding United States federal holidays and holidays observed by the applicable service location.

 

"Device" means a Nosh-branded robotic cooking appliance and its supplied accessories.

 

"Documentation" means the user manual, Safety Instructions, maintenance instructions and other operating guidance provided by Nosh through the Device, App, website or product packaging.

 

"Services" means the Device, Nosh applications, software, firmware, cloud services, AI-assisted features, recipes, websites and customer-support services.

 

"User, you, or your" means the Account Holder and, where applicable, an Authorized User.

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3. ELIGIBILITY AND ACCOUNT RESPONSIBILITY

 

You must be at least 18 years old and legally capable of entering into a binding agreement to create an account, accept these Terms or activate a Device.

 

If you accept these Terms on behalf of a company or organization, you represent that you are authorized to bind that entity. Commercial use requires Nosh's prior written authorization and may be subject to separate terms.

 

The Account Holder is responsible for:

• maintaining accurate account information;

• protecting account credentials;

• promptly reporting unauthorized account or Device access;

• controlling who may use the Device; and

• ensuring that every Authorized User follows these Terms, the Documentation and the Safety Instructions.

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4. MINORS

 

Minors may not create a Nosh account, accept these Terms or independently activate a Device.

 

An Account Holder may permit a minor to use the Device only:

• under direct adult supervision;

• in accordance with the Documentation and Safety Instructions; and

• without allowing the minor to independently handle heated components, sharp accessories or moving mechanical parts.

 

The Account Holder remains responsible for the minor's use of the Device.

 

The Services are not directed to children under 13. Nosh does not knowingly collect personal information directly from children under 13. If Nosh learns that such information was collected contrary to applicable law, Nosh will take appropriate steps to delete it.

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5. FOOD AND COOKING SAFETY

 

Nosh is designed to prepare supported recipes when the Device is installed, maintained and used according to these Terms, the applicable recipe instructions and Nosh's safety guidance.

 

You are responsible for:

• using ingredients that are fresh, properly stored and safe for consumption;

• checking ingredient labels, expiry dates and signs of spoilage;

• loading ingredients into the correct containers and in the quantities specified;

• following all preparation, cleaning and maintenance instructions;

• checking the completed food before consumption; and

• not consuming food if a cooking cycle was interrupted, the Device displayed a safety warning, or the food appears undercooked, contaminated or spoiled.

 

Nosh does not inspect ingredients before they are loaded into the Device and cannot verify their source, freshness, storage history or condition.

 

Water and oil system maintenance

 

You must complete the Device's guided water-hose and oil-hose cleaning process whenever the Device or App notifies you and, in all cases, no less frequently than once every four months.

 

Follow the cleaning instructions displayed by the Device or App and use only cleaning materials approved by Nosh. Do not use unapproved chemicals, tools or cleaning methods in the water or oil system.

 

Failure to clean the hoses as required may cause residue buildup, contamination, inaccurate dispensing, blockage or damage. Nosh is not responsible for a failure or loss to the extent caused by missed cleaning, improper cleaning or the use of unapproved cleaning materials.

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6. ALLERGIES AND DIETARY REQUIREMENTS

 

Recipe descriptions, ingredient information and nutritional information are provided for general convenience and are not medical advice.

 

Nosh does not guarantee that any recipe or prepared food is free from allergens. Ingredients may be mislabeled, substituted or exposed to cross-contamination before or after they are placed in the Device. The Device may also retain traces of previously used ingredients if it is not cleaned properly.

 

If you or anyone consuming the food has an allergy, intolerance or medically restricted diet, you must independently verify every ingredient and follow appropriate cleaning and food-handling procedures.

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7. SCHEDULED AND DELAYED COOKING

 

Scheduled or delayed cooking may cause ingredients to remain inside the Device before cooking begins. The Device does not refrigerate ingredients.

 

Do not use scheduled or delayed cooking with meat, poultry, seafood, eggs, dairy products, cooked food or any other ingredient that requires refrigeration for safe storage.

 

As a general safety rule, perishable ingredients should not remain unrefrigerated for more than two hours in total, or more than one hour when the surrounding temperature is above 90 degrees F (32 degrees C). This includes preparation, loading and waiting time before cooking begins.

 

Use scheduled or delayed cooking only with supported recipes and ingredients that can safely remain unrefrigerated for the entire waiting period. Do not override a safety restriction, use an unsupported workaround or continue after receiving a warning from the Device or App.

 

Nosh may restrict, modify or disable scheduled or delayed cooking for particular recipes, ingredients, locations or Devices when reasonably necessary for food safety, product safety or regulatory compliance.

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8. INTERRUPTED COOKING

 

A cooking cycle may be delayed or interrupted by a power failure, loss of connectivity, ingredient-loading error, user instruction, safety control or Device malfunction.

 

If a cycle is interrupted, follow the instructions displayed by the Device or App. Do not restart the cycle or consume the food if its safety or cooking status is uncertain. When in doubt, discard the food and contact Nosh Support.

 

Remote monitoring, notifications and estimated completion times are convenience features. You should not rely on receiving a notification as the only means of determining whether cooking has completed safely.

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9. ALLOCATION OF FOOD-RELATED RISK

 

Nosh remains responsible for defects in the Device and Nosh software to the extent provided under the applicable warranty and law.

 

To the extent permitted by law, Nosh is not responsible for illness, injury, property damage or other loss caused by:

• spoiled, contaminated, expired, mislabeled or improperly stored ingredients;

• undisclosed allergies or dietary restrictions;

• cross-contamination occurring outside Nosh's control;

• incorrect loading, unsupported ingredients or deviation from recipe instructions;

• improper cleaning, maintenance, installation or use of the Device, including failure to clean the water and oil hoses as required;

• use of scheduled or delayed cooking contrary to Section 7;

• continuing to use or consume food after a warning or interrupted cooking cycle; or

• power, internet or third-party service failures outside Nosh's reasonable control.

 

This Section does not exclude or limit liability for a defective Nosh product, Nosh's gross negligence or willful misconduct, fraud, or any responsibility or consumer right that cannot lawfully be excluded or limited.

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10. CAMERA AND COOKING-IMAGE DATA

 

Camera operation

 

The Device uses a camera and computer-vision technology to monitor ingredients, cooking progress and recipe execution.

 

The camera operates only during an active cooking session and automatically switches off when the cooking session ends. It is not intended to monitor the surrounding home or operate when the Device is not cooking.

Image collection and use

 

Images captured during cooking may be transmitted to and retained in Nosh's cloud systems. Nosh may use these images to:

• operate and improve cooking features;

• train, test and improve Nosh's cooking, computer-vision and machine-learning models;

• monitor and analyze cooking and product performance;

• diagnose errors and investigate product or cooking issues;

• provide customer support, debugging and repair assistance;

• improve product reliability and safety; and

• comply with legal, security and regulatory requirements.

 

Images may be processed automatically and, when reasonably necessary for these purposes, reviewed by authorized Nosh personnel or service providers subject to confidentiality, security and data-use restrictions.

 

Prohibited uses

 

Nosh does not use cooking images for:

• advertising or cross-context behavioral advertising;

• facial recognition;

• biometric identification;

• identity tracking; or

• surveillance of the surrounding home.

 

Nosh does not sell cooking images or other personal information.

 

Retention

 

Nosh retains cooking images for as long as it reasonably determines they are needed for the purposes described in this Section and the Nosh Privacy Notice.

 

When images are no longer reasonably needed, Nosh will delete or de-identify them, unless continued retention is required or permitted for legal compliance, security, dispute resolution or another lawful purpose.

 

Nosh may retain information derived from images, including trained-model parameters, aggregated statistics and de-identified performance data, where that information cannot reasonably be linked to an identifiable individual or household.

 

Security

 

Nosh uses administrative, technical and physical safeguards designed to protect cooking images, including encryption, access controls and security monitoring. No data-storage or transmission system can be guaranteed to be completely secure.

 

Notice and privacy rights

 

Before the camera is first activated, Nosh will provide an in-product camera notice and access to the Nosh Privacy Notice. The Privacy Notice provides additional information about data categories, service providers, retention criteria and applicable privacy rights.

 

Depending on applicable law, you may have the right to request access to or deletion of personal information associated with your account. Requests may be submitted to privacy@euphotic.io and may be subject to identity verification and lawful exceptions.

 

The Account Holder must ensure that Authorized Users are informed that the Device captures and retains cooking images during active cooking sessions.

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11. SOFTWARE, CONNECTIVITY AND UPDATES

 

Connected services

 

The Device uses software, firmware, cloud infrastructure and internet connectivity. Certain features may be unavailable, delayed or limited if the Device cannot connect to Nosh's systems or if a required third-party service is unavailable.

 

You are responsible for maintaining a compatible internet connection, wireless network and mobile device where required for the Services.

 

Software and firmware updates

 

Nosh may remotely download and install software, firmware, security, recipe, computer-vision and AI-model updates. Updates may be installed automatically and may:

• correct errors or improve performance;

• address safety or cybersecurity risks;

• add, modify or remove features;

• change recipes, cooking logic or user-interface elements;

• improve diagnostics and support capabilities;

• maintain compatibility with Nosh or third-party systems; or

• meet legal or regulatory requirements.

 

The Device may be temporarily unavailable while an update is being installed. You must not disconnect power, interfere with an update or attempt to install unauthorized software or firmware.

 

Modification or disabling of functionality

 

Nosh may modify, restrict, suspend or disable an affected feature, cooking mode or Device when reasonably necessary to:

• address a safety or cybersecurity risk;

• prevent damage to the Device or surrounding property;

• respond to a product recall or regulatory requirement;

• prevent unauthorized access, misuse or tampering;

• address a material software or hardware defect; or

• maintain compatibility with supported services and infrastructure.

 

When an immediate safety, security or legal risk exists, Nosh may take such action without advance notice. In other circumstances involving a material reduction of functionality, Nosh will provide reasonable advance notice when practicable.

 

Where feasible, Nosh will restore affected functionality after the underlying issue has been resolved.

 

Required updates

 

Nosh may designate an update as required for safety, security, legal compliance or continued compatibility. If an update cannot be installed automatically, you must install it within the period communicated by Nosh.

 

Failure to install or permit a required update may:

• reduce cooking performance or accuracy;

• prevent access to affected features;

• create safety or cybersecurity risks; or

• make the Device ineligible for support or warranty coverage, but only to the extent a problem was caused or materially worsened by the missing update.

 

A defect caused directly by a Nosh-issued update will remain eligible for support and warranty service in accordance with the Nosh Limited Warranty.

 

Paid and subscription features

 

Nosh may introduce new or optional features that require a paid subscription. Nosh will disclose the applicable price and subscription terms and obtain your authorization before charging you.

 

Installing an update or continuing to use the Device does not, by itself, authorize a new charge.

 

Security support period

 

Nosh will provide security updates for the Device for at least seven years from its original delivery date.

 

This commitment covers security updates that Nosh reasonably determines are necessary to address material vulnerabilities. It does not guarantee that Nosh will introduce new features or maintain every existing feature throughout that period.

 

Nosh may continue providing updates after the stated support period. Before ending security-update support, Nosh will provide reasonable advance notice when practicable, together with any available instructions concerning continued use, affected functionality and security risks.

 

The applicable security-support period will also be disclosed on the product page or through another clear pre-purchase notice.

 

Vulnerability reporting and security notices

 

Security vulnerabilities may be reported to privacy@euphotic.io.

 

Nosh will maintain a process to receive, investigate and address credible vulnerability reports concerning supported Devices and Services.

 

If Nosh identifies a material security issue that requires customer action, Nosh will use reasonable efforts to notify affected Account Holders and provide instructions concerning any available update, mitigation or other corrective action.

 

End of support

 

Nosh may eventually discontinue a feature, cloud service or software version because of security requirements, technical limitations, third-party service changes or product obsolescence.

 

Where reasonably practicable, Nosh will provide advance notice of a material discontinuation and any transition options or remedies required by applicable law.

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12. LIMITED WARRANTY AND STATUTORY RIGHTS

 

Governing warranty

 

The Device is covered by the Nosh Limited Warranty. The complete Limited Warranty will be made available through the product page and checkout before purchase.

 

This Section provides a summary. If this Section conflicts with the Nosh Limited Warranty, the Limited Warranty will govern, except that neither document limits any consumer right that cannot lawfully be limited.

 

Coverage period

 

The Device is covered for:

• Two years from its original delivery date; or

• 2,000 completed cooking cycles,

whichever occurs first.

 

A "cooking cycle" means a completed cooking session initiated through the Device or App.

The pan, ingredient tray, stirrer, spice box, chimney filter, and water and oil containers are covered for six months from the original delivery date.

 

Covered defects

 

The Limited Warranty covers defects in materials and workmanship that arise during normal residential use.

 

For a covered claim, Nosh will provide warranty parts and labor without charge. Nosh may, at its option:

• Repair the Device;

• Replace the Device with a new unit; or

• Provide another remedy required by applicable law.

 

A replacement Device does not begin a new warranty period. It remains covered for the unexpired portion of the original Device's warranty, unless applicable law requires additional coverage.

 

If Nosh cannot correct a covered defect within a reasonable number of attempts, Nosh will provide a replacement, refund or other remedy applicable by law at Nosh's discretion.

 

Exclusions

 

The Limited Warranty does not cover a failure or damage to the extent caused by:

• Accident, abuse, misuse or use contrary to the Documentation;

• Improper installation, cleaning, maintenance or unsanitary operation;

• Failure to clean the water and oil hoses as required;

• Commercial or other unauthorized use;

• Unauthorized modification of the Device or software;

• Repairs, parts, accessories or services not supplied by Nosh, but only where they caused or materially contributed to the failure;

• Unsupported ingredients, containers or accessories;

• External electrical, internet or environmental conditions;

• Normal wear, consumable parts or cosmetic damage that does not affect operation; or

• Unauthorized access or cybersecurity compromise not caused by a defect in the Device or Nosh's systems.

 

The use of an independent repair provider or third-party part does not, by itself, void the warranty.

 

Obtaining warranty service

 

To request warranty service, contact Nosh Support and provide reasonable proof of purchase and the Device serial number. Nosh may perform remote diagnostics before arranging physical service.

 

Account or Device registration may assist Nosh in processing a claim, but failure to register the Device does not, by itself, eliminate warranty rights.

 

Repair, shipping, packaging, drop-off, home-service and replacement procedures are described in the Nosh Repair, Replacement and Return Policy. Optional home-service or packaging charges do not apply to covered warranty parts or labor and do not limit statutory rights.

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Software updates

 

The seven-year security-update commitment in Section 11 does not extend the warranty period for unrelated hardware defects.

 

However, if a mandatory Nosh-issued security update directly causes a Device to stop operating correctly, Nosh will restore the affected software functionality or correct the update-caused failure without charge, even if the ordinary hardware-warranty period has expired.

 

Implied warranties and state-law rights

 

Nosh does not disclaim implied warranties where such a disclaimer is prohibited by law.

 

To the extent permitted by law, the duration of any implied warranty is limited to the duration of the applicable express Limited Warranty. Some jurisdictions do not permit limitations on the duration of implied warranties, so this limitation may not apply to you.

 

This Limited Warranty gives you specific legal rights. You may also have other rights that vary by state or jurisdiction.

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13. DISCLAIMERS AND LIMITATION OF LIABILITY

 

Preservation of consumer rights

 

Nothing in this Section limits:

• The Nosh Limited Warranty;

• Nosh's obligations under Section 12;

• Liability for a defective Nosh product;

• Any statutory warranty, remedy or consumer right that cannot lawfully be excluded or limited; or

• Any other liability that applicable law does not permit Nosh to exclude or limit.

 

Digital services and connected features

 

Except for the express commitments made in these Terms and the Nosh Limited Warranty, and to the extent permitted by law, the App, websites, cloud services, recipes, AI-assisted features and other connected services are provided on an "as available" basis.

 

Nosh does not guarantee that these digital services will:

• Always be available, uninterrupted or error-free;

• Operate with every internet connection, wireless network or third-party device;

• Detect every ingredient, cooking or Device issue;

• Produce identical results in every cooking session; or

• Be completely free from cybersecurity risks.

 

This paragraph does not disclaim any warranty applicable to the Device or excuse Nosh from correcting a covered defect.

 

Exclusion of certain damages

 

To the maximum extent permitted by law, Nosh will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, including loss of profits, revenue, business opportunity, goodwill or data, arising from the Services.

 

This exclusion applies even if Nosh was advised that such damages were possible, but only where the exclusion is enforceable under applicable law.

 

Liability cap

 

To the maximum extent permitted by law, Nosh's total aggregate liability for claims arising from the Device or Services will not exceed the greater of:

• The purchase price actually paid for the affected Device; or

• The amount paid to Nosh for the affected paid Service during the 12 months immediately preceding the event giving rise to the claim.

 

This cap applies collectively to all claims arising from the same or related events and does not increase because more than one legal theory or claim is asserted.

 

Exceptions

 

The exclusions and liability cap in this Section do not apply to:

• Death or personal injury caused by a defective Nosh product or Nosh's negligence;

• Damage to tangible property caused by a defective Nosh product;

• Nosh's gross negligence or willful misconduct;

• Fraud or fraudulent misrepresentation;

• Nosh's obligations under the Nosh Limited Warranty;

• Nosh's violation of applicable privacy or data-security law; or

• Any liability that cannot lawfully be excluded or limited.

 

Food-related claims

 

Section 9 governs losses caused by unsafe ingredients, allergies, improper storage, incorrect loading, inadequate cleaning, unsupported use or delayed cooking contrary to the Documentation.

 

Nothing in Section 9 or this Section limits Nosh's responsibility for a defect in the Device or Nosh software.

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14. DISPUTE RESOLUTION, ARBITRATION AND CLASS-ACTION WAIVER

 

Important notice

 

Please read this Section carefully. Except for the exceptions stated below, you and Nosh agree to resolve disputes through binding individual arbitration instead of a court proceeding.

 

Arbitration does not involve a judge or jury, and court review of an arbitration award is limited.

 

Informal resolution first

 

Before beginning arbitration, the party raising a dispute must send the other party a written Notice of Dispute.

 

Notices to Nosh must be sent to legal@euphotic.io and should include:

• The Account Holder's full name and account email;

• The Device serial number, if applicable;

• A description of the dispute;

• The relief requested; and

• Information reasonably necessary to evaluate the claim.

 

Nosh will send any Notice of Dispute to the email address associated with the Account.

 

The parties will have 45 days after receipt of the notice to attempt to resolve the dispute. Either party may request an individual telephone or video settlement conference during this period.

 

Any applicable limitation period will be suspended during this 45-day resolution period. Neither party may begin arbitration before completing this process, except where temporary emergency relief is reasonably necessary.

 

Agreement to arbitrate

 

If the dispute is not resolved informally, either party may require that it be resolved through binding individual arbitration.

 

This agreement applies to disputes arising from or relating to:

• These Terms;

• The purchase, reservation, delivery, ownership or use of a Device;

• The App, software, cloud services, recipes or connected features;

• The Nosh Limited Warranty;

• Privacy, security or cooking-image data;

• Advertising, representations or communications concerning Nosh; or

• The relationship between you and Nosh.

 

The arbitrator may award the same individual remedies that a court could award under applicable law.

 

Exceptions

 

Either party may bring an eligible individual claim in small claims court.

 

This arbitration agreement also does not prevent:

• Either party from seeking temporary or emergency injunctive relief from a court while arbitration is pending;

• Nosh from seeking relief concerning infringement or misuse of its intellectual property;

• A user from making a complaint to a government or regulatory agency;

• A claim for public injunctive relief where applicable law requires that claim to be decided by a court; or

• Any claim that applicable law does not permit to be resolved through binding arbitration.

 

Arbitration administrator and rules

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Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules in effect when the claim is filed, as modified by this Section.

 

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

 

If the AAA is unavailable or declines to administer the arbitration, the parties will attempt to select another nationally recognized arbitration provider. If they cannot agree, either party may ask a court to appoint an arbitrator as permitted by law.

 

If the AAA determines that this arbitration agreement does not satisfy its applicable consumer standards, Nosh may modify or waive the affected provision to allow the arbitration to proceed.

 

Arbitration location and format

 

The arbitration may be conducted by telephone, video conference, written submissions or an in-person hearing.

 

Unless the parties agree otherwise:

• A consumer may choose a telephone, video or documents-only proceeding where permitted by the applicable rules; and

• Any required in-person hearing will take place in the county where the consumer resides.

 

The arbitrator will issue a written decision explaining the essential findings and conclusions supporting the award.

 

Arbitration fees

 

The consumer will not be required to pay more than the consumer filing fee specified by the AAA Consumer Arbitration Rules.

 

Nosh will pay the remaining arbitration-administration fees and arbitrator compensation where required by the applicable rules or law.

 

Each party will ordinarily bear its own legal fees and expenses. The arbitrator may award legal fees and costs where authorized by applicable law or where a claim or defence was brought in bad faith.

 

Waiver of jury trial

 

For disputes covered by this arbitration agreement, you and Nosh waive the right to have the dispute decided by a judge or jury in court.

 

Class-action waiver

 

You and Nosh agree that covered disputes will be brought only in an individual capacity.

 

Neither party may bring or participate in a class, collective, consolidated or representative arbitration. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.

 

Claims involving different users may not be combined without the written consent of all parties.

 

Right to opt out

 

You may opt out of this arbitration agreement by emailing legal@euphotic.io within 30 days after first accepting these Terms.

 

The email must:

• Use the subject line "Arbitration Opt-Out";

• Include your full legal name and account email;

• Include the Device serial number, if available; and

• Clearly state that you are opting out of the arbitration agreement.

 

A timely opt-out will not affect the other provisions of these Terms or your ability to use the Device and Services. Nosh will not treat you differently because you exercised this right.

 

Changes to this Section

 

A material change to this Section will not apply to a dispute for which either party already provided a Notice of Dispute.

 

If Nosh makes a material change to this Section, you may reject that change by following the opt-out process within 30 days after receiving notice. The most recent version of this Section that you previously accepted will then continue to apply.

 

Severability

 

If part of this Section is held unenforceable, the remaining provisions will continue to apply.

 

If the class-action waiver is held unenforceable for a particular claim or requested remedy, that claim or remedy will be decided by a court after all arbitrable claims have been completed, unless applicable law requires a different result.

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15. SUBSCRIPTIONS AND AUTOMATIC RENEWAL

 

Optional subscription services

 

Nosh may offer optional paid subscriptions for additional recipes, cloud services, premium features or other Services. The price, billing period and included features will be disclosed before enrollment.

 

Ending a subscription will affect only the features identified as subscription features when you enroll. It will not shorten the Device warranty, the security-update commitment or any statutory consumer right.

 

Disclosures and consent

 

Before charging you for a subscription, Nosh will clearly and conspicuously disclose:

• That the subscription will automatically renew or continue until canceled;

• The subscription price and billing frequency;

• The length of each subscription and renewal period;

• Any minimum purchase commitment;

• The cancellation policy and available cancellation methods;

• The terms of any free trial, promotional period or discounted price; and

• The amount that will be charged after a free or discounted period ends.

 

Nosh will obtain your express affirmative consent to the automatic-renewal or continuous-service terms before charging you. Your consent will not be obtained through misleading wording, preselected choices or information that obscures the automatic-renewal terms.

 

Nosh will provide an enrollment acknowledgment that you can retain. It will include the subscription terms, cancellation policy and instructions for canceling.

 

Nosh will retain verification of your consent for at least three years, or one year after the subscription terminates, whichever period is longer, unless a longer period is required by law.

 

Recurring charges

 

BY ENROLLING IN A SUBSCRIPTION, YOU AUTHORIZE NOSH OR ITS PAYMENT PROVIDER TO CHARGE THE DISCLOSED SUBSCRIPTION FEES AND APPLICABLE TAXES TO YOUR SELECTED PAYMENT METHOD AT EACH BILLING INTERVAL UNTIL YOU CANCEL.

 

If a payment cannot be processed, Nosh may suspend the paid subscription features after providing any notice required by law. Suspension of a subscription will not disable required safety functions or security updates.

 

Trial and renewal notices

 

Where required by applicable law:

• For a free trial or promotional price lasting more than 31 days, Nosh will send a reminder at least three days and no more than 21 days before the trial or promotional period ends.

• For a subscription with an initial term of one year or longer, Nosh will send a renewal notice at least 15 days and no more than 45 days before renewal.

• Nosh will send any required annual reminder identifying the subscription, the frequency and amount of the charges and how to cancel.

 

Electronic notices will include a direct link or another reasonably accessible electronic method for reaching the cancellation process.

 

Price and material changes

 

Nosh may change subscription prices at any time in its sole discretion.

 

Nosh will provide clear notice at least 30 days before a price change takes effect. The notice will state the new price, its effective date and how to cancel the subscription.

 

The new price will apply to the first billing or renewal date occurring after the notice period. By continuing the subscription after the effective date, you authorize Nosh to charge the new price, except where applicable law requires additional affirmative consent.

 

You may cancel before the new price takes effect. Nosh will also provide notice of other material changes to the subscription terms as required by applicable law.

 

Cancellation

 

You may cancel automatic renewal at any time using the cancellation method disclosed during enrollment.

 

If you enrolled online, Nosh will allow you to cancel online through a prominently displayed link or button in your account, the App or Device settings, or through an immediately accessible cancellation email. Nosh will not require you to speak with a representative or complete steps that obstruct or unreasonably delay cancellation.

 

Cancellation will be available through the same medium used to enroll, or a medium through which you ordinarily interact with Nosh, as required by applicable law.

 

Nosh may explain the effect of cancellation or present an optional retention offer, but you will remain able to proceed directly with cancellation.

 

Cancellation stops future renewals. Unless otherwise stated at enrollment or required by law, paid subscription features will remain available until the end of the current billing period. Amounts already paid are not prorated or refunded except as required by law or expressly provided in the applicable subscription offer.

 

Nosh will provide confirmation after processing a cancellation.

 

Third-party subscriptions

 

If you purchase a subscription through an app store, marketplace or other third-party billing provider, that provider may process the payments, renewals and cancellation. Nosh will identify the applicable cancellation route, and the provider's additional billing terms may apply.

 

No effect on purchased rights

 

Canceling or allowing a subscription to expire does not:

• Shorten the Device warranty;

• End Nosh's security-update obligations;

• Eliminate statutory consumer rights; or

• Disable safety features or Device functionality expressly included with the Device at the time of purchase.

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16. RESERVATIONS, PRE-ORDERS, SHIPPING AND RETURNS

 

Governing purchase terms

 

The price, estimated delivery timing, applicable fees and material purchase conditions will be disclosed before payment.

 

The Nosh Repair, Replacement and Return Policy is incorporated into these Terms and will be available through the product page and checkout. If these Terms conflict with that policy, the policy will govern the applicable repair, replacement or return, except that neither document limits rights that cannot lawfully be limited.

 

The return terms in effect when you purchase the Device will apply to that purchase. A later policy change will not reduce an existing return right.

 

Reservations and campaign offers

 

Nosh may offer reservations, pre-orders, crowdfunding campaigns, promotional prices or other advance-purchase programs.

 

Before accepting payment, Nosh will disclose:

• Whether the payment is a reservation fee, deposit or purchase payment;

• Whether and when the payment is refundable;

• Whether the payment will be credited toward the Device purchase;

• Any applicable cancellation fee;

• The estimated shipment or delivery timing; and

• Any campaign-specific conditions.

 

A reservation does not guarantee a particular shipment date, production date or Device configuration unless Nosh expressly states otherwise.

 

Kickstarter and other third-party campaign purchases may also be governed by the applicable platform's terms and the specific campaign disclosures.

 

Pre-order cancellation

 

You may request cancellation of a pre-order before shipment by contacting Nosh Support.

 

Any cancellation fee must have been clearly disclosed before payment. Nosh will refund the remaining eligible amount to the original payment method.

 

If Nosh cancels the order or cannot ship within the promised period and you do not consent to a revised shipment date, Nosh will provide a full refund without a cancellation deduction.

 

Shipment delays

 

Shipment and delivery dates are estimates unless expressly stated as guaranteed.

 

If Nosh learns that it cannot ship within the stated period, Nosh will provide a delay notice containing:

• The revised estimated shipment date, if available;

• The reason for the delay when required by law;

• A method for accepting the revised date or canceling the order; and

• Confirmation that cancellation because of the delay will result in a full refund.

 

Nosh will obtain your consent to an extended delay where required by law. If consent is not obtained, Nosh will cancel and refund the unshipped order as required by applicable law.

 

Thirty-day voluntary return period

 

You may request a voluntary return within 30 calendar days after the Device is delivered.

 

To qualify, the Device must:

• Be returned through a method authorized by Nosh;

• Include the Device and all accessories, components and documentation specifically requested by Nosh Support in the return authorization;

• Exclude any item that Nosh Support instructs you to retain or omit, including food, ingredients, spices, oil, water, other liquids, consumables and unrequested accessories;

• Be free from misuse, accidental damage and unauthorized modification;

• Not have been used commercially or contrary to the Documentation; and

• Be returned in its original protective packaging or replacement packaging supplied or approved by Nosh.

 

Reasonable use necessary to inspect and evaluate the Device will not, by itself, make it ineligible for return.

 

Return process and deductions

 

Before returning a Device, you must obtain a return authorization from Nosh Support. Unauthorized shipments may be refused or returned to you.

 

For an eligible voluntary return:

• Nosh will provide the approved return method and, where applicable, a prepaid shipping label;

• Nosh will deduct $120 from the refund as a return-processing charge; and

• If the original protective packaging has not been retained or is no longer suitable, Nosh will deduct an additional $100 for replacement packaging.

 

The $120 return-processing charge and $100 replacement-packaging charge will be disclosed before purchase.

 

These deductions do not apply where the return results from:

• A Device materially different from what was ordered;

• Damage caused before delivery;

• A defect covered by the Limited Warranty; or

• A circumstance in which applicable law requires Nosh to bear the return costs.

 

An item that Nosh Support instructs you to retain or does not request will not be treated as missing and will not reduce your refund.

 

Nosh may reduce or deny a voluntary-return refund to the extent reasonably necessary to account for items specifically requested by Nosh Support that are missing, misuse, unauthorized modification or damage occurring after delivery. Nosh will provide an explanation of any such adjustment.

 

Inspection and refund timing

 

Nosh will inspect a returned Device within five Business Days after it is received at the authorized return location.

 

If the return is approved, Nosh will initiate the refund to the original payment method within five Business Days after completing the inspection.

 

Refunds for unshipped orders canceled because Nosh cannot meet the promised shipment date will be initiated within seven working days or within any shorter period required by law.

 

Your bank, card issuer or payment provider may require additional time to post the refund.

 

Repairs and replacements

 

Repairs and replacements are not governed by the voluntary-return process above.

 

Remote diagnosis, service-center drop-off, shipping, replacement, home-service options, packaging requirements and applicable turnaround times will be stated separately in the Nosh Repair, Replacement and Return Policy.

 

Nothing in this Section limits the Limited Warranty or any statutory remedy.

​

17. SOFTWARE LICENSE, INTELLECTUAL PROPERTY AND ACCEPTABLE USE

 

Nosh technology

 

The Device, App and Services contain proprietary technology belonging to Nosh or its licensors, including:

• Software and firmware;

• AI and machine-learning models;

• Source code, object code and algorithms;

• Cooking logic, sequencing and control systems;

• Sensor-fusion and computer-vision systems;

• Cooking parameters, operational datasets and model outputs;

• Interfaces, industrial designs and Documentation;

• Trademarks, branding and other protected materials; and

• Protectable elements of the Nosh recipe library.

 

Collectively, these materials are referred to as "Nosh Technology."

 

Purchasing a Device does not transfer ownership of Nosh Technology or any related intellectual-property right.

 

Limited software license

 

Subject to these Terms, Nosh grants you a limited, non-exclusive, non-sublicensable and revocable license to use the software and Services solely:

• With a Device that you own or are authorized to operate;

• For the Device's intended residential purposes; and

• In accordance with the Documentation and applicable law.

 

The software is licensed, not sold.

 

The license may transfer with an authorized transfer of Device ownership after the previous owner removes the Device from their Account and the new owner accepts the then-current applicable terms.

 

No other license is granted by implication, estoppel or otherwise.

 

Restrictions

 

Except where applicable law expressly permits otherwise, you may not, and may not assist another person to:

• Reverse engineer, decompile, disassemble or attempt to derive the source code, models, model weights, algorithms or non-public logic of Nosh Technology;

• Copy, modify or create unauthorized derivative works from Nosh Technology;

• Extract, scrape or systematically collect non-public operational data, cooking datasets or model outputs;

• Use Nosh's non-public technology or confidential information to develop or train a competing product, model or service;

• Circumvent safety controls, security protections, usage limits or access restrictions;

• Tamper with sensors, cameras, calibration systems or safety mechanisms;

• Install unauthorized firmware or malicious code;

• Gain unauthorized access to another user's Account, Device or data;

• Use the Device for commercial food service unless Nosh has authorized that use; or

• Use Nosh Technology unlawfully or in a manner that creates a safety or cybersecurity risk.

 

These restrictions do not prohibit an activity that applicable law gives you an express right to perform.

 

Independent repair and third-party parts

 

Using an independent repair provider or third-party part does not, by itself, violate these Terms or void the Limited Warranty.

 

Nosh may exclude warranty coverage only to the extent a failure or damage was caused or materially contributed to by an unauthorized repair, incompatible part, improper modification or other excluded condition.

 

Nothing in this Section prohibits lawful diagnosis, maintenance or repair. It does not authorize access to Nosh source code, cloud systems, private cryptographic keys, confidential datasets or other users' information.

 

Detection and protective action

 

Nosh may process Device, software and security data to detect:

• Unauthorized access;

• Manipulation or circumvention of safety systems;

• Malicious software;

• Extraction of protected technology;

• Cybersecurity threats; or

• Material violations of these Terms.

 

Where reasonably necessary, Nosh may restrict or suspend the affected Account, cloud service or optional feature.

 

Nosh may act immediately where it reasonably believes a safety, security, legal or infrastructure risk exists. In other cases, Nosh will provide notice and a reasonable opportunity to correct the issue where practicable.

 

Restriction of an optional or advanced feature will not disable required safety functions. Nosh will avoid disabling core Device functionality purchased with the Device unless the restriction is reasonably necessary to address a safety, security or legal risk.

 

User recipes and other content

 

You retain ownership of recipes, text, photographs, videos, instructions and other content that you submit to Nosh, to the extent you hold rights in that content.

 

By submitting content, you grant Nosh a non-exclusive, worldwide, royalty-free, transferable and sublicensable license to host, store, copy, format, analyze, adapt and use that content as reasonably necessary to:

• Provide and operate the Services;

• Convert recipes into Device-compatible cooking instructions;

• Improve cooking performance and recipe execution;

• Train and evaluate cooking models;

• Diagnose product or recipe issues;

• Develop new features; and

• Maintain security and legal compliance.

 

Nosh will not publicly display content marked private without your permission. If you choose to publish or share content with other users, the license also allows Nosh to distribute, display and make that content available through the Services.

 

If you delete content, Nosh will stop publicly displaying it within a reasonable period. The license may continue for copies retained in backups, legal records, de-identified analytics or models already trained using the content, where continued retention is reasonably necessary and permitted by law.

 

You represent that you own the submitted content or have the rights required to provide it to Nosh. You may not submit content that is unlawful, infringing, dangerous, deceptive or intended to interfere with the Services.

 

Nosh may remove or restrict content that violates these Terms or creates a credible safety, legal or intellectual-property risk.

 

Feedback

 

If you provide suggestions, ideas, feature requests or other feedback, Nosh may use them for any lawful business purpose without restriction, attribution or compensation.

 

This does not transfer ownership of your underlying recipe or other pre-existing intellectual property. You should not submit information to Nosh as feedback if you expect it to remain confidential.

 

Third-party and open-source components

 

Certain software components may be governed by separate third-party or open-source licenses.

 

Where a separate license applies, its terms will govern that component. Nothing in these Terms restricts rights granted under an applicable open-source license.

​

18. AI-ASSISTED FEATURES, RECIPE INFORMATION AND THIRD-PARTY SERVICES

 

How automated features work

 

The Device and Services use software, sensors, computer vision, machine-learning models and other automated systems to perform functions that may include:

• Identifying ingredients and their placement;

• Monitoring cooking progress;

• Adjusting cooking time, temperature, stirring and ingredient dispensing;

• Converting recipes into Device-compatible cooking instructions;

• Recommending recipes, quantities or ingredient substitutions;

• Diagnosing performance or service issues; and

• Personalizing the cooking experience.

 

These systems are designed to support automated cooking, but their outputs are probabilistic. They may occasionally produce an incomplete, inaccurate or unexpected result.

 

Performance may vary based on:

• Device configuration and software version;

• Ingredient type, size, weight, temperature, quality and placement;

• Unsupported ingredients or substitutions;

• Obstructed, dirty or improperly calibrated sensors or cameras;

• Ambient temperature, humidity, altitude or electrical conditions;

• Connectivity or third-party service availability;

• Failure to follow the Documentation or Device prompts; and

• Other conditions outside Nosh's reasonable control.

 

A feature may therefore not operate exactly as described under every condition.

 

Nothing in this Section overrides an express written product description, warranty or representation made by Nosh at the time of purchase, or any right that cannot lawfully be limited.

 

Automated cooking and user intervention

 

Nosh is designed to perform supported cooking processes automatically. Continuous observation of the Device is not ordinarily required when it is being used under supported conditions and in accordance with the Documentation.

 

However, you must:

• Load the correct ingredients in the correct quantities and locations;

• Use ingredients that are safe, properly stored and suitable for the selected recipe;

• Follow Device and App instructions, warnings and maintenance notifications;

• Keep required sensors, cameras and cooking components clean and unobstructed;

• Avoid interfering with the Device while it is operating;

• Respond as soon as reasonably possible if the Device or App requests intervention; and

• Inspect the completed food before serving or consuming it.

 

You may stop or pause a cooking session using the available Device or App controls. If the Device behaves unexpectedly, produces abnormal smoke, odor, sound or heat, displays a safety warning or requests immediate intervention, stop the cooking session if it is safe to do so and follow the Documentation or contact Nosh Support.

 

The Device does not refrigerate ingredients, detect every form of spoilage or contamination, or guarantee that food is safe to consume. Food safety, delayed cooking and allergy responsibilities are further described in Sections 5 through 9.

 

Recipe conversion and custom recipes

 

Nosh may allow you to create, import, modify or convert recipes, including recipes supplied by users or third parties.

 

Not every recipe, ingredient, quantity or cooking technique is compatible with the Device. Automated recipe conversion may alter timing, sequencing, temperature, stirring or dispensing instructions to make a recipe executable by the Device.

 

You are responsible for reviewing ingredient lists, quantities, allergy information and substitutions before starting a custom or converted recipe.

 

Nosh may decline to convert or execute a recipe if it reasonably determines that the recipe:

• Is incompatible with the Device;

• Uses unsupported ingredients, quantities or techniques;

• Could damage the Device;

• Creates a credible food-safety or physical-safety risk; or

• Violates these Terms or applicable law.

 

Ingredient substitutions

 

Recipe recommendations or substitutions may affect:

• Allergens and cross-contact risk;

• Cooking time and temperature;

• Flavor, texture and consistency;

• Nutritional values; and

• The safety or suitability of the completed food.

 

You must independently confirm that a suggested ingredient or substitution is appropriate for everyone who may consume the food. Do not rely on Nosh to identify or eliminate allergens.

 

Nutrition and dietary information

 

Calorie counts, nutritional values, portion sizes, dietary labels and similar information provided through the Services are estimates.

 

They may be based on standard ingredient data, third-party databases, recipe assumptions or information provided by the user. Actual values may differ because of ingredient brands, quantities, substitutions, preparation methods and serving sizes.

 

Nosh does not provide medical, nutritional or dietary advice. Information provided through the Services is not a substitute for product labels or advice from a qualified healthcare or nutrition professional.

 

Do not rely exclusively on the Services to manage an allergy, medical condition or prescribed diet.

 

Beta, preview and experimental features

 

Nosh may make features available as "beta," "preview," "early access" or "experimental" features.

 

Where reasonably practicable, these features will be identified as such. They may:

• Have limited availability;

• Operate less consistently than generally released features;

• Be modified, suspended or withdrawn;

• Require additional user input or monitoring; or

• Produce incomplete or inaccurate outputs.

 

Participation in an optional beta or preview program is voluntary. Beta or experimental features must not be relied upon for food-safety, allergy, medical or emergency decisions.

 

Third-party services and integrations

 

The Services may connect with third-party services, including payment processors, app stores, voice assistants, smart-home platforms, grocery or ingredient providers, communications providers, nutrition databases, analytics services and cloud infrastructure.

 

A third-party service may be governed by its own terms and privacy policy. Nosh does not control and is not responsible for a third party's independent acts, omissions, content, security or service availability.

 

Nosh remains responsible for its own conduct, its express promises and the operation of integrations to the extent required by applicable law.

 

Nosh may replace, modify or discontinue a third-party integration if the provider changes its service, stops supporting the integration or creates a safety, security, legal, commercial or technical risk.

 

Where a discontinued integration is a material part of a paid Nosh subscription or an express feature included with the Device, Nosh will provide any notice, continued access, substitute functionality, refund or other remedy required by the applicable purchase terms or law.

 

No guaranteed output

 

Except for an express written commitment, the Limited Warranty or a right that cannot lawfully be limited, Nosh does not guarantee:

• A specific recipe outcome, taste, texture, appearance or cooking time;

• That every ingredient, recipe or substitution will be supported;

• That an automated estimate or recommendation will always be accurate; or

• That a third-party service or integration will remain continuously available.

 

These limitations do not excuse a defect covered by the Limited Warranty or reduce Nosh's responsibility for a representation that applicable law requires Nosh to honor.