nosh - Terms of Service

Important Notice

Please read these Terms of Service ("Terms") carefully before using nosh. Provisions that significantly affect your rights or limit the liability of Xianshu Technology (Shanghai) Co., Ltd. are highlighted in bold. Please pay particular attention to these provisions.

These Terms constitute a legally binding agreement between you and Xianshu Technology (Shanghai) Co., Ltd. ("Xianshu," "we," "us," or "our") governing your download, installation, and use of the nosh application. By tapping "Agree," installing, or using nosh, you acknowledge that you have read and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, please do not install or use nosh.

If you are under 18 years of age, please read these Terms together with your legal guardian and use nosh only after your guardian has given their consent.

In the event of any conflict or inconsistency between the Chinese version and this English translation, the Chinese version shall prevail.

1. Definitions

• nosh refers to the nosh client application developed and operated by Xianshu Technology (Shanghai) Co., Ltd., including all features and future versions thereof.
• Xianshu refers to Xianshu Technology (Shanghai) Co., Ltd., the operator of nosh.
• User refers to any natural person who downloads, registers, and uses nosh through lawful means, also referred to as "you" throughout these Terms.
• Food Log Data refers to food images you capture, upload, or import via nosh, along with the food names, calorie counts, nutritional information, and other records generated therefrom.
• AI-Generated Content refers to food names, calorie estimates, nutritional analyses, dietary suggestions, and other output generated by nosh through artificial intelligence based on food images you submit.

2. Account Registration and Management

2.1 Registration

To use nosh, you must register using a valid mobile phone number and complete the registration process as prompted. You must ensure that all information you provide is truthful, accurate, and complete, and promptly update it if any changes occur.

2.2 Account Security

Your account and login credentials are for your personal use only. Please keep them confidential. Xianshu shall not be liable for any unauthorized access, misuse, or other consequences arising from your failure to safeguard your credentials or your voluntary disclosure of account information to others; you shall bear all resulting consequences.

You may not transfer, lend, sell, or otherwise permit any other person to use your account in any form. If we reasonably determine that an account is being used by someone other than the registered user, we reserve the right to suspend or terminate services for that account.

2.3 Account Deletion

You may request to delete your account by following the procedures within nosh. Upon deletion, all data associated with your account will be permanently erased and cannot be recovered. Please ensure you have backed up any data you wish to retain before proceeding. Deleting your account does not relieve you of any responsibilities arising from your use of the service prior to deletion.

Following completion of your account deletion request, your server-side data will be deleted within 30 days.

2.4 Violations

If you engage in any conduct that violates these Terms or applicable laws and regulations, we reserve the right to issue warnings, restrict functionality, suspend, or delete your account, as appropriate to the severity of the violation, and to pursue legal remedies.

3. Services

3.1 Core Features

The nosh app is an AI-powered food camera app that uses artificial intelligence to help you identify food, log calories, receive dietary suggestions, and manage your diet. Core features include, but are not limited to:

• AI Food Recognition: Captures or imports food photos from your photo library; nosh will automatically identify the food and generate calorie estimates and nutritional information.
• Food Stickers: Uses subject-extraction technology to generate food stickers for your records and browsing.
• Diet Log & Statistics: Aggregates your dietary records by date and displays your daily calorie intake.
• Dietary Health Tips: Provides reference dietary health suggestions based on recognition results.

3.2 Service Changes

We will continuously iterate nosh's features in line with product development and may adjust or discontinue certain features. Material changes will be communicated in advance through in-app notifications or other appropriate means.

4. Important Disclaimers — AI Recognition and Dietary Health

Please read the following carefully before using nosh.

4.1 Not Medical or Nutritional Advice

All AI recognition results provided by nosh — including food names, calorie estimates, nutritional data, and related reference tips — are generated by AI visual recognition models. Nutritional data, calorie figures, and daily calorie reference values are primarily referenced from publicly available authoritative sources, including the China Food Composition Tables, the USDA FoodData Central, and the U.S. Food and Drug Administration (FDA). Such content is provided for personal dietary reference only and does not constitute medical diagnosis, clinical nutrition prescriptions, or professional health advice.

Such content is not a substitute for advice from a registered dietitian, licensed physician, or other qualified professional. We make no representations or warranties as to the accuracy, completeness, or suitability of any AI recognition results. We recommend that you consult a qualified physician or registered dietitian before making any dietary adjustments or health management decisions.

4.2 Recognition Errors and Data Limitations

AI recognition technology has inherent limitations. Results may be affected by shooting angles, lighting conditions, visual similarities between foods, and other factors, which may lead to misidentification or inaccurate calorie estimates. nosh's food weight estimates are based on AI model visual inference of food volume from images and are not derived from physical weighing devices or sensors. Such estimates may be significantly affected by food density, container size, stacking, and other factors, and may deviate materially from actual weight. For precise measurements, we recommend using a food scale or other professional measuring tool. You should exercise independent judgment when relying on recognition results for dietary decisions, and you bear all consequences arising from such reliance.

4.3 Special Health Conditions

If you have diabetes, hypertension, kidney disease, an eating disorder, or any other condition requiring special dietary management, please consult a qualified physician or dietitian before using this app. Do not rely solely on nosh's output for dietary management.

4.4 Allergies and Food Intolerances

The AI recognition feature of nosh is not capable of identifying food ingredients, allergens, or additives. If you have food allergies or intolerances, do not rely on this app for food safety decisions. Xianshu shall not be liable for any adverse reactions resulting therefrom.

4.5 Calorie Target Reference

The daily calorie reference target used in nosh (e.g., 2,000 kcal) represents an average reference value for adults and is not a personalized recommendation. Actual calorie needs vary significantly by age, height, weight, activity level, and health status. Please use this reference in light of your individual circumstances.

4.6 AI Content Labeling

In accordance with applicable regulations, AI-generated recognition content in nosh will be labeled accordingly to distinguish AI-generated content from manually entered content.

4.7 Data Sources and References

nosh's nutritional data and reference standards are primarily sourced from the following publicly available authoritative databases, which you may consult independently for verification:

• China Food Composition Tables: https://nlc.chinanutri.cn/fq/
• USDA FoodData Central: https://fdc.nal.usda.gov/
• U.S. Food and Drug Administration (FDA): https://www.fda.gov/food

These databases and standards are maintained and updated by their respective publishing authorities. Xianshu is not responsible for the accuracy, completeness, or timeliness of any third-party data sources. nosh's AI recognition results reference the above data sources for estimation purposes; actual outputs may deviate from original data due to differences in model algorithms.

5. User Conduct

5.1 Lawful Use

a. You acknowledge and agree that when using nosh, you shall respect the lawful rights and interests of others. You shall ensure that all content you submit is lawful, is owned by you, or has been duly authorized, and shall not infringe upon the copyrights, patents, trademarks, rights of publicity, name rights, voice rights, reputation rights, honor rights, or other rights of any third party.

b. You shall not use nosh to create, upload, publish, or distribute any content that violates applicable laws and regulations, public policy, or public morals, or that harms the lawful interests of any third party, including but not limited to content that:

• Opposes the basic principles established by the Constitution;
• Endangers national security, divulges state secrets, subverts state power, or undermines national unity;
• Harms national honor or interests;
• Distorts, vilifies, blasphemes, or denies the deeds and spirit of heroes and martyrs, or infringes upon their names, likenesses, reputations, or honors through insult, defamation, or other means;
• Promotes terrorism or extremism, or incites terrorist or extremist activities;
• Promotes ethnic hatred or discrimination, or undermines national unity;
• Undermines state religious policy, or promotes cults or superstition;
• Spreads rumors or false information that disrupts economic or social order or undermines social stability;
• Disseminates obscene, pornographic, gambling-related, violent, homicidal, or terror-related content, or incites criminal activity;
• Insults or defames others, or infringes upon their rights of reputation, privacy, likeness, intellectual property, or other lawful rights;
• Contains commercial advertising that violates laws and regulations on internet advertising;
• Any other content prohibited by laws or administrative regulations.

c. To fulfill its legal obligations, nosh may employ technical measures to review user conduct and content, including establishing risk-filtering mechanisms.

d. If Xianshu has reasonable grounds to believe that your conduct violates or may violate the above provisions, Xianshu reserves the right to take action, including terminating all or part of the services provided to you without prior notice, and to pursue legal liability against the relevant parties in accordance with applicable law.

5.2 User-Submitted Content

Images and other content you upload via nosh must be captured by you or lawfully authorized for your use, and must not infringe upon the rights of any third party. You shall bear all legal liabilities arising from any unlawful, non-compliant, or infringing content you upload.

5.3 Prohibited Activities

You shall not, through technical means or otherwise:

• Reverse engineer, decompile, or otherwise attempt to obtain the source code of nosh;
• Use unauthorized third-party plugins, cheats, or other tools to interfere with the normal operation of nosh;
• Use nosh to scrape user data or engage in unauthorized commercial activities.

6. Intellectual Property

6.1 Our Rights

All intellectual property rights in and to the nosh application and its related technology, interfaces, designs, text, graphics, and other content are owned by Xianshu Technology (Shanghai) Co., Ltd. or the respective rights holders. Without Xianshu's prior written consent, you may not reproduce, modify, distribute, or commercially exploit any such content in any manner.

6.2 License to User Content

Intellectual property rights in food images and log data you upload to nosh remain yours. To provide and continuously improve our services and AI recognition capabilities, you grant Xianshu a royalty-free, non-exclusive, worldwide license to use such content for the following purposes: providing the services set out in these Terms, improving AI models and algorithms, and ensuring the security and stability of the service.

6.3 Ownership of AI-Generated Content

Intellectual property rights in AI-generated content produced by nosh based on your input (including food names, calorie information, nutritional analyses, and dietary suggestions) shall be determined in accordance with applicable law. You are responsible for addressing any intellectual property matters arising from your use of such content.

7. Protection of Minors

7.1 Age Requirement

The nosh service requires users to be at least 14 years of age. Users under the age of 14 are not permitted to register or use this service. Users aged 14 to 17 (inclusive) must use nosh with the knowledge and consent of a parent or legal guardian.

7.2 Parental Responsibility

If you permit a minor in your care to use nosh, please monitor their use closely. nosh's dietary reference content is designed based on adult standards. Minors are in a critical stage of physical development, and their calorie and nutritional needs differ significantly from those of adults. Please seek professional guidance before use, and do not allow minors to rely on this app for dieting or calorie restriction.

7.3 Disclaimer

If a minor conceals their age or uses nosh without parental or guardian consent, Xianshu shall not be legally liable for any consequences arising therefrom.

8. Liability

If you violate these Terms, Xianshu reserves the right to issue warnings, restrict functionality, terminate services, and pursue legal remedies.

If your conduct causes loss to Xianshu, you shall be liable for full compensation, including but not limited to direct losses and reasonable attorneys' fees and litigation costs.

9. Service Changes and Termination

Xianshu will continuously iterate nosh's features and services, and may adjust, suspend, or terminate some or all services due to business decisions, regulatory changes, or force majeure events.

Xianshu will provide advance notice of material service changes through in-app notifications or other reasonable means. Please monitor in-app announcements and keep nosh updated to the latest version.

10. Amendments

Xianshu reserves the right to amend these Terms from time to time in response to business developments, changes in laws and regulations, or product updates. Your continued use of nosh following any amendment constitutes your acceptance of the revised Terms. If you do not agree to the amended Terms, please stop using nosh and delete your account.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws and regulations of the People's Republic of China (excluding for the purposes of this Agreement the laws of the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and the Taiwan region).

Any dispute between you and Xianshu shall first be resolved through friendly negotiation. If negotiation fails, either party may submit the dispute to a court of competent jurisdiction in the location of Xianshu's registered address (Shanghai).

12. General

• Section headings are for convenience of reading only and shall not affect the interpretation of these Terms.
• If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Any failure or delay by Xianshu to exercise any right under these Terms shall not constitute a waiver of such right.
• If you have any questions or suggestions regarding these Terms, please contact us at: noshAppHQ@gmail.com.