Nomicho Terms of Service (United States)

Operator: Chris Hashimoto (橋本クリス), sole proprietor Trade name: Nomicho Address: Disclosed without delay upon request (contact support@nomicho.jp) Contact: support@nomicho.jp Effective date: 2026-09-03 Last updated: 2026-09-03 Version: 1.0

1. Introduction

These Terms of Service (“Terms”) govern your use of the Nomicho mobile application (the “App”) in the United States. Nomicho is operated by Chris Hashimoto, a sole proprietor located in Japan (“we”, “us”). By using the App, you agree to these Terms. If you do not agree, please do not use the App.

Users in Japan are served a separate set of Terms written to Japanese law.

2. Eligibility

The App is intended for adults of legal drinking age. You must be 21 or older to use the App, which is the legal drinking age in every US state. A small number of US territories set a lower age; our own requirement is 21 regardless of where you are. As part of accepting these Terms on first launch, you affirm that you are of legal drinking age where you live.

If we learn that an account is being used by a person under 21, we may suspend or terminate access to that account.

Which version of these Terms applies to you. We publish one set of Terms and a Privacy Policy for the United States and a separate set for Japan, written to each country’s law. Which set binds you follows your home region — the App Store storefront your Apple ID uses, falling back to your device’s region setting — not where you happen to be travelling. Visiting the other country does not change which set applies. If your home region changes, the App will ask you to review and accept the other set before you continue; until you do, the set you previously accepted continues to apply. Your existing data, your subscription, and your account are unaffected either way.

3. Account and sign-in

3.1 Use without an account

The App can be used entirely without an account. All core features (logging, BAC estimation, calendar, journal, AI features) work locally on your device.

3.2 Optional sign-in

Sign-in is required only if you want cloud sync across devices, and is provided through Sign in with Apple, Google, or LINE. The handling of account information is described in our Privacy Policy §2.2.

3.3 Your responsibility for your sign-in environment

You are responsible for maintaining the security of the device and the third-party account used to sign in. We are not responsible for losses arising from unauthorized access to those upstream accounts. If you suspect unauthorized access, sign out from the App on the affected device and revoke its access from your Apple, Google, or LINE account.

4. What the App is, and what it is not

4.1 What the App provides

Nomicho is a personal journal and prediction tool for your own drinking. It helps you log what you drank, when, and how you felt; look back through a calendar, journal, and statistics, and read AI-generated reflection cards; and see real-time, in-session estimates of your blood alcohol concentration (BAC), state-of-intoxication transitions, threshold warnings, and a hangover forecast.

4.2 What the App is not

The App is not:

• a medical device, diagnostic tool, or treatment;
• a substitute for advice from a physician or other qualified professional;
• a legal-grade alcohol breath analyzer, breathalyzer, or any other instrument suitable for legal, regulatory, employment, or insurance purposes;
• a guarantee that you are safe to drive, operate machinery, return to work, or perform any other activity.

The App makes no medical or health claims. It does not diagnose, treat, predict, or monitor any medical condition, including alcohol intoxication, alcohol use disorder, or any of their effects on the body. The hangover forecast is a non-medical, heuristic estimate of how you might subjectively feel the next day.

4.3 BAC estimate disclaimer

The BAC value, intoxication-state transitions, threshold warnings, and hangover forecast shown in the App are statistical estimates based on inputs you provide (drinks, body weight, sex, time) and are subject to wide individual variation. They are not measurements.

The estimates depend on the accuracy of the drink details you record, including any details looked up automatically. Errors in those inputs propagate to all downstream estimates.

You must not use these estimates to decide whether to drive, operate machinery, or do anything else where being under the influence of alcohol could harm you or another person.

Driving under the influence of alcohol is a crime in every US state. Legal limits, testing procedures, and penalties vary by state, and lower limits apply to drivers under 21, to commercial drivers, and in certain other circumstances. The App does not know which limit applies to you, and nothing it displays is a statement that you are under any limit or fit to drive.

5. AI features

The App uses AI (provided by Anthropic) to generate reflection cards from your session data. AI-generated outputs are statistical and may be wrong, incomplete, biased, or unsafe. Treat them as suggestions, not facts.

The data flow, storage, and retention for AI calls are described in the Privacy Policy §5.1.

You must not rely on AI-generated content for medical, legal, financial, or safety-critical decisions.

6. Your content

“Your content” means the drink logs, notes, feeling tags, place tags, and photos you create through the App.

6.1 You retain rights

You retain all rights in your content. We do not claim ownership.

6.2 License you grant us

To operate the App, you grant us a limited, non-exclusive, royalty-free, worldwide license to your content only to the extent necessary to store it on your device; process it on your device for App features; transmit it to and store it in our cloud infrastructure if and only if you enable sync; send relevant content to AI providers when you invoke an AI feature; and back up and restore your data within the bounds of normal service operation.

This license is limited to delivering the App’s features to you. It does not authorize us to use your content for AI model training, advertising, marketing, public display, sale, or any other purpose.

6.3 License termination

The license terminates when you delete the relevant content or your account. Cloud copies are deleted on the timeline described in the Privacy Policy §6.

6.4 Your responsibility for content you upload

You represent that you have the right to the content you create, including photos you attach and brand or menu names you enter, and that creating it does not violate the rights of others or the law.

7. Acceptable use

You agree not to:

• reverse engineer, decompile, or disassemble the App, except to the extent expressly permitted by applicable law;
• attempt to bypass, defeat, or interfere with rate limits, daily caps, device attestation, or other technical protections;
• access the App’s backend services other than through the App itself, or attempt to do so;
• use the App via automation, scraping, or scripted clients;
• use the App to harass, defame, or infringe the rights of others;
• use the App for any illegal purpose;
• impersonate another person or misrepresent your relationship to another person;
• attempt to disrupt the App, our infrastructure, or other users;
• resell, redistribute, or sublicense access to the App.

If we believe you are violating this section, we may suspend or terminate your access without prior notice where necessary to protect the service or other users.

8. Nomicho Plus subscription

Core features are free. We also offer an optional paid auto-renewing subscription, Nomicho Plus, in two plans:

Prices may change; the price you will be charged is always shown by Apple on the purchase screen before you buy.

8.1 Billing

Nomicho Plus is sold through the App Store and billed to your Apple ID. Apple, not we, is the merchant of record, processes your payment, and handles refunds under its own policies. We never see or store your payment details.

8.2 Automatic renewal

Your subscription renews automatically at the end of each billing period at the then-current price, and your Apple ID is charged, until you cancel. The price, the billing period, the renewal terms, and any introductory or free-trial offer and its length are shown to you by Apple before you purchase, and Apple sends you a receipt for each charge.

The annual plan includes a 7-day free trial, and the trial converts automatically into a paid subscription at the end of it: US $13.99 is charged to your Apple ID unless you cancel at least 24 hours before the trial ends. Cancelling during the trial prevents any charge.

Because the annual plan has a term of one year, Apple also sends you a renewal reminder before each yearly renewal.

8.3 How to cancel

You can cancel at any time, and cancellation takes effect at the end of the current billing period. Cancel in the App at Settings → Subscription, which opens Apple’s subscription management, or directly on your device at Settings → your name → Subscriptions, or at any time through your Apple ID account page. Deleting the App does not cancel your subscription.

We do not require you to call, write, or speak to anyone to cancel, and we do not ask you why.

Summary of the offer, in one place: Nomicho Plus is an auto-renewing subscription, offered monthly at US $1.99 and annually at US $13.99; the annual plan includes a 7-day free trial that converts to a paid subscription unless cancelled at least 24 hours before it ends; it renews automatically at the end of each period and charges your Apple ID; it continues until you cancel; and you can cancel at any time in Settings → Subscription or through your Apple ID.

8.4 Refunds

Refunds for App Store purchases are issued by Apple under Apple’s policies, through Apple’s “Report a Problem” flow. We cannot issue App Store refunds ourselves. If you believe you were charged in error, contact us at support@nomicho.jp and we will help you raise it with Apple.

8.5 Price changes

If we change the subscription price, Apple will notify you and, where required, ask you to consent before the new price takes effect. You may cancel instead.

9. Privacy

We handle your personal information as described in our Privacy Policy, which is part of these Terms. Please read it. Your data is stored in Japan (Privacy Policy §4).

10. Disclaimers and limitation of liability

10.1 No warranty

The App is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, reliability, non-infringement, and uninterrupted or error-free operation.

In particular, we do not warrant that BAC estimates, intoxication-state transitions, threshold warnings, hangover forecasts, AI outputs, or any other content shown in the App are accurate, complete, or fit for any specific use, or that the App will be available without interruption or free of bugs.

10.2 No liability for drinking-related outcomes

To the maximum extent permitted by law, we are not liable for:

• any health, medical, physical, or psychological outcome related to your drinking, including hangovers, intoxication, alcohol poisoning, dependency, or chronic-disease risk;
• any decision you make about whether to drive, operate machinery, return to work, take medication, or undertake any other activity, including any decision influenced by the App’s BAC estimate or any other content;
• any criminal, civil, or administrative consequence arising from your decisions about alcohol;
• any missed transportation, or any harm arising from acting on a transportation-related notification;
• any financial, employment, relationship, or reputational outcome related to your drinking.

You are solely responsible for your own drinking decisions and for the consequences of those decisions, including any harm caused to third parties by those decisions, even where the decision was influenced by the App.

10.3 Limitation of liability

To the maximum extent permitted by law, our aggregate liability to you arising out of or relating to the App or these Terms is limited to the greater of (a) the total amount you have paid us for the App in the twelve months preceding the event giving rise to the claim, or (b) US $25.

We are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, goodwill, or other intangible losses.

10.4 Mandatory-law carve-out

Nothing in §10.1, §10.2, or §10.3 limits or excludes any liability that cannot be limited or excluded under the law that applies to you. This includes liability for death or personal injury caused by our negligence, liability for fraud or intentional misconduct, and any claim you bring under a state consumer-protection, privacy, or consumer-health-data statute that gives you a private right of action — the caps and exclusions above do not apply to those claims, and we do not ask you to waive them.

Some states do not allow the exclusion of implied warranties or the limitation of incidental or consequential damages, so some of the above may not apply to you. In that case our liability is limited to the greatest extent permitted by law.

11. Changes to or discontinuation of the App

We may add, change, suspend, or discontinue features of the App at any time. Where a change materially reduces functionality you rely on, we will give reasonable advance notice in the App.

We may discontinue the App altogether. If we do, we will give at least 30 days’ advance notice in the App and, where you have enabled sync, by email. During that notice period, you will be able to export your data via Settings → Export Data.

12. Termination and account deletion

12.1 By you

You can stop using the App at any time. If you have an account, you can delete it via Settings → Delete Account. The data lifecycle following deletion is described in the Privacy Policy §6. Deleting your account does not cancel a subscription; see §8.3.

12.2 By us

We may suspend or terminate your access if you materially breach these Terms, if required by law, or to protect the service or other users. Where reasonable, we will give you advance notice and an opportunity to cure.

12.3 Effect of termination

Sections that by their nature survive termination, including §6.3, §6.4, §7 in respect of past acts, §9, §10, §14, §15, and §16, survive.

13. Changes to these Terms

We may revise these Terms when the law changes, when we add or change features, or when our operations change.

For material changes, we will give at least 30 days’ advance notice through an in-App notification and, where you have enabled sync, by email. The notice will identify the effective date and the substance of the change. Material changes require your acceptance: the App will ask you to review and accept the revised Terms before you continue using it.

If you do not accept a revised version, please stop using the App and, if applicable, delete your account before the effective date. The revision history is in §17.

14. Governing law and disputes

14.1 Talk to us first

Most problems are faster to fix by email than by anything else. If you have a dispute with us, please send it to support@nomicho.jp with enough detail for us to understand it. We will try in good faith to resolve it with you within 60 days of receiving it. You are not required to do this before taking any other step, and doing it does not shorten any deadline you are subject to.

14.2 Governing law

These Terms are governed by the laws of Japan, without regard to its conflict-of-laws rules, and the Tokyo District Court has jurisdiction as the court of first instance over any dispute arising out of or relating to these Terms or the App. That jurisdiction is deliberately not exclusive: it does not prevent you from bringing a claim in a court your state’s law makes available to you.

14.3 Your home-state rights are unaffected

Nothing in §14.2 takes away a right you have under the law of the state where you live. If you are a consumer, §14.2 does not deprive you of the protection of any mandatory provision of your home state’s law, does not waive any right you have to bring a claim before a body your state’s law gives you access to, and does not prevent you from bringing an individual claim in small-claims court in the county where you live. If a court finds any part of §14.2 unenforceable as applied to you, the rest of these Terms still apply.

14.4 No arbitration requirement

We do not require you to arbitrate, and we have not asked you to waive any right to participate in a class or collective proceeding. These Terms contain no arbitration clause and no class-action waiver. We chose to leave both out.

Section 14.2 does specify a court and a governing law, and §14.3 sets out the limits on that. Nothing in §14.2 or §14.4 is intended to prevent you from participating in a proceeding that the law of your state makes available to you, or from filing a complaint with your state Attorney General or any other regulator.

15. Severability, assignment, and entire agreement

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision is severed and the remaining provisions remain in full force.

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms to a successor entity that takes over the operation of the App, including in connection with incorporation of the operator’s business, a merger, or a business transfer. Any such assignment will not worsen the terms applicable to you, and any successor is bound by the Privacy Policy in effect at the time of transfer.

These Terms, together with the Privacy Policy, are the entire agreement between you and us about the App, and replace any earlier understanding on the same subject. Our failure to enforce any provision is not a waiver of it.

16. Apple App Store terms

Because the App is distributed through the Apple App Store, the following terms apply. In the event of any conflict with the rest of these Terms as to your relationship with Apple Inc. (“Apple”), these terms govern:

• These Terms are concluded between you and us only, not with Apple. We, not Apple, are solely responsible for the App and its content.
• Your license to use the App is a non-transferable license to use it on any Apple-branded device you own or control, as permitted by the App Store Terms of Service.
• Apple has no obligation to furnish any maintenance or support services for the App.
• To the maximum extent permitted by law, Apple gives no warranty for the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for it; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your use of it, including product-liability, consumer-protection, and intellectual-property claims, to the extent required by these Terms and applicable law.
• You represent that you are not located in a country subject to a US Government embargo or designated by the US Government as a “terrorist supporting” country, and that you are not listed on any US Government list of prohibited or restricted parties.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

17. Notice for California users

Under California Civil Code §1789.3, California users are entitled to the following notice. The provider of this service is Chris Hashimoto, sole proprietor, contactable at support@nomicho.jp. Nomicho Plus pricing is set out in §8 and is shown by Apple on the App Store purchase screen before you buy. To file a complaint about this service or to receive further information about its use, contact us at support@nomicho.jp, or contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

18. Contact and revision history

For questions about these Terms or the App:

• Email: support@nomicho.jp
• Operator: Chris Hashimoto (橋本クリス), sole proprietor

We will respond within a reasonable period, typically within two weeks.