NOMS — Terms of Service

Effective Date: March 10, 2026

Last Updated: March 10, 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and NOMS Inc. ("NOMS," "we," "us," or "our") governing your access to and use of the NOMS platform, including the website, application, Draftroom submission system, AI evaluation services, and all related features and functionality (collectively, the "Platform").

By creating an account, accessing the Platform, or submitting any content through the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Platform.

2. Eligibility

You must be at least eighteen (18) years of age and possess the legal capacity to enter into a binding agreement to use the Platform. By creating an account, you represent and warrant that you meet these eligibility requirements. NOMS reserves the right to request verification of age or identity at any time and to terminate accounts that do not meet eligibility criteria.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Platform, you must create an account using Google OAuth, email magic link, or another authentication method supported by the Platform. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to maintain its accuracy.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify NOMS immediately of any unauthorized use of your account or any other breach of security. NOMS shall not be liable for any loss or damage arising from your failure to comply with this Section.

4. Subscription Plans and Payment

4.1 Tiers

The Platform offers multiple subscription tiers (currently designated as Free, Critic, Creator, and Auteur), each with varying levels of access to Platform features, including but not limited to submission allowances, AI generation capabilities, and voting functionality. The specific features, limitations, and pricing associated with each tier are set forth on the Platform's pricing page and may be updated from time to time at NOMS's discretion.

4.2 Billing

Paid subscriptions are billed on a monthly recurring basis through our third-party payment processor, Stripe, Inc. ("Stripe"). By subscribing to a paid tier, you authorize NOMS to charge your designated payment method on a recurring monthly basis until you cancel your subscription. All fees are quoted in United States Dollars (USD).

4.3 Cancellation and Refunds

You may cancel your subscription at any time through the Platform's account management interface or through Stripe's billing portal. Cancellation will take effect at the end of your current billing cycle. NOMS does not provide refunds for partial billing periods, unused submission allowances, or unused AI generation credits. Downgrading from a higher tier to a lower tier takes effect at the beginning of the next billing cycle.

4.4 Additional Purchases

Certain subscription tiers permit the purchase of additional submissions beyond the monthly allotment as one-time charges. Such purchases are non-refundable and must be used within the billing cycle in which they are purchased.

4.5 Price Changes

NOMS reserves the right to modify subscription pricing upon thirty (30) days' advance notice. Continued use of the Platform after such notice constitutes acceptance of the revised pricing. Existing subscribers will be notified via email prior to any price change affecting their active subscription.

5. User Content and Submissions

5.1 Definitions

"User Content" means any text, data, creative concepts, pitches, screenplays, loglines, treatments, synopses, character descriptions, plot summaries, evaluations, votes, ratings, comments, and any other content or materials that you submit, post, transmit, or otherwise make available through the Platform, including without limitation content submitted through the Draftroom feature.

5.2 Ownership

You retain all right, title, and interest in and to your User Content, subject to the license granted to NOMS in Section 5.3 below. NOMS does not claim ownership of any User Content you submit to the Platform.

5.3 License Grant

By submitting User Content to the Platform, you grant NOMS a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely in connection with the operation, promotion, and improvement of the Platform. This license includes, without limitation, the right to:

(a) Display your User Content to other users of the Platform, including in feeds, detail pages, search results, and promotional materials;

(b) Transmit your User Content to third-party AI model providers for the purpose of generating evaluations and scores;

(c) Aggregate, anonymize, and analyze your User Content for the purpose of improving Platform algorithms, evaluation methodologies, and user experience;

(d) Display excerpts of your User Content in social sharing previews, Open Graph cards, and similar external-facing representations.

This license survives termination of your account solely to the extent necessary to fulfill the purposes described above with respect to User Content that was displayed publicly prior to termination.

5.4 Content Visibility

The Platform provides visibility controls for Draftroom submissions, including Public, Unlisted, and Private settings. You acknowledge that content designated as "Public" will be visible to all Platform users and may appear in search results and promotional materials. Content designated as "Unlisted" is accessible to anyone possessing the direct URL. Content designated as "Private" is visible only to you.

5.5 Submission Verification

Upon submission of User Content through the Draftroom feature, the Platform generates a cryptographic hash of the submitted content together with your user identifier and a timestamp (collectively, a "Submission Record"). The Submission Record provides verifiable evidence that specific content was submitted by a specific user at a specific time. NOMS makes no representations or warranties that the Submission Record constitutes copyright registration, legal protection of intellectual property, or a substitute for formal registration with the United States Copyright Office or any equivalent authority. The Submission Record is provided as a factual record of submission only.

5.6 Representations and Warranties

By submitting User Content, you represent and warrant that:

(a) You are the sole author and owner of the User Content, or you have obtained all necessary rights, licenses, consents, and permissions to submit such content and grant the licenses set forth herein;

(b) The User Content does not infringe, misappropriate, or violate any intellectual property right, proprietary right, right of publicity or privacy, or any other right of any third party;

(c) The User Content does not contain any material that is defamatory, obscene, threatening, harassing, or otherwise unlawful;

(d) You understand and acknowledge that User Content submitted to the Platform may be reviewed and evaluated by artificial intelligence models operated by third-party providers, and that such evaluation is automated and does not constitute professional advice of any kind.

5.7 AI-Generated and AI-Assisted Content

The Platform offers AI-assisted content generation features that utilize artificial intelligence to produce or enhance User Content. You acknowledge that:

(a) AI-generated content may be based on patterns learned from publicly available data and may bear similarity to existing works;

(b) The intellectual property status of AI-generated content is subject to evolving law and regulation, and NOMS makes no representation regarding the copyrightability or protectability of AI-generated or AI-assisted content;

(d) Submission of AI-generated or AI-assisted content is subject to the same terms and conditions as any other User Content.

6. AI Evaluation Services

6.1 Nature of Evaluations

The Platform utilizes multiple third-party artificial intelligence models to evaluate User Content across various axes, including but not limited to commercial viability, originality, cultural timing, and audience fit. These evaluations are generated algorithmically and represent automated assessments, not professional opinions, endorsements, or guarantees of commercial success.

6.2 No Guarantee of Accuracy

NOMS does not warrant the accuracy, completeness, reliability, or usefulness of any AI-generated evaluation. AI evaluations should not be relied upon as the sole basis for any creative, business, or investment decision. Scores, rankings, and written analyses produced by AI models reflect the outputs of third-party systems over which NOMS exercises limited control.

6.3 Third-Party AI Providers

AI evaluation services are powered by models operated by third-party providers, including but not limited to Anthropic, OpenAI, Google, and Together AI. Your use of the Platform constitutes acknowledgment that your User Content will be transmitted to these providers for processing in accordance with their respective terms of service and privacy policies. NOMS is not responsible for the data handling practices of third-party AI providers.

7. Predictions and Voting

7.1 No Financial Instruments

Predictions made on the Platform are expressions of opinion and do not constitute wagers, bets, financial instruments, securities, or contracts of any kind. The Platform does not facilitate or enable gambling. Prediction scores, conviction ratings, and leaderboard rankings are maintained for informational and entertainment purposes only.

7.2 Voting Integrity

Human votes submitted on the Platform must represent genuine, good-faith assessments. You agree not to manipulate voting through automated means, coordinated campaigns designed to artificially inflate or deflate scores, creation of multiple accounts, or any other form of fraudulent activity. NOMS reserves the right to discard votes and suspend accounts engaged in manipulative voting behavior.

8. Prohibited Conduct

You agree not to:

(a) Use the Platform for any purpose that is unlawful, fraudulent, or prohibited by these Terms;

(b) Submit content that infringes the intellectual property rights of any third party;

(c) Use automated scripts, bots, or other programmatic means to access the Platform, submit content, or manipulate scores, votes, or rankings, except through Platform-provided APIs and features;

(d) Attempt to circumvent subscription tier limitations, rate limits, or access controls;

(e) Harvest, collect, or store personal information about other users without their consent;

(f) Interfere with or disrupt the integrity, security, or performance of the Platform;

(g) Impersonate any person or entity or misrepresent your affiliation with any person or entity;

(h) Use the Platform to distribute spam, malware, or any other harmful content;

(i) Resell, redistribute, or commercially exploit any portion of the Platform or its content without express written permission from NOMS.

9. Intellectual Property

9.1 Platform IP

The Platform, including its design, code, algorithms, branding, trademarks, logos, and all content not submitted by users, is the exclusive property of NOMS and is protected by copyright, trademark, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in NOMS's intellectual property except the limited license to access and use the Platform in accordance with these Terms.

9.2 Feedback

Any feedback, suggestions, ideas, or other communications you provide to NOMS regarding the Platform ("Feedback") shall be deemed non-confidential and non-proprietary. NOMS shall be free to use, reproduce, disclose, and otherwise exploit such Feedback without restriction or obligation of any kind.

10. Disclaimers

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OVATION DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

OVATION DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OVATION DOES NOT WARRANT THAT AI-GENERATED EVALUATIONS, SCORES, OR PREDICTIONS WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OVATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

(a) YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE PLATFORM;

(b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM;

(d) ANY AI-GENERATED EVALUATION, SCORE, OR RECOMMENDATION;

(e) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT OVATION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OVATION'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PLATFORM EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE TOTAL AMOUNT PAID BY YOU TO OVATION IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

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

(a) Your access to or use of the Platform;

(b) Your User Content;

(d) Your violation of any rights of any third party, including intellectual property rights;

(e) Any claim that your User Content caused damage to a third party.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

13.2 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Austin, Texas, before a single arbitrator. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND OVATION AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

13.4 Exception

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of that party's intellectual property rights.

14. Termination

14.1 By You

You may terminate your account at any time by contacting us or through the Platform's account management interface. Termination does not entitle you to any refund of prepaid subscription fees.

14.2 By NOMS

NOMS may suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice. Grounds for termination include, without limitation, violation of these Terms, fraudulent or abusive conduct, extended periods of inactivity, and failure to pay applicable fees.

14.3 Effect of Termination

Upon termination, your right to access and use the Platform shall immediately cease. Sections 5.2, 5.3 (to the extent specified therein), 9, 10, 11, 12, and 13 shall survive any termination or expiration of these Terms.

15. Modifications

NOMS reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the revised Terms on the Platform and updating the "Last Updated" date. Your continued use of the Platform following such notice constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly referenced herein, constitute the entire agreement between you and NOMS with respect to the Platform and supersede all prior or contemporaneous communications, whether electronic, oral, or written.

16.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

16.3 Waiver

The failure of NOMS to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without NOMS's prior written consent. NOMS may assign these Terms without restriction.

16.5 Notices

NOMS may provide notices to you via the email address associated with your account or through the Platform. You may provide notices to NOMS at legal@bignoms.com.

17. Contact

For questions regarding these Terms, please contact:

NOMS Inc.

Email: legal@bignoms.com

These Terms of Service were last updated on March 10, 2026.