Terms of Service

Last Updated: November 6, 2024

1. Acceptance of Terms

By downloading, installing, or using the CalorieBro mobile application (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the App.

These Terms constitute a legally binding agreement between you and CalorieBro ("we," "us," or "our") regarding your use of the App and any related services.

2. Eligibility and Age Requirements

You must be at least 13 years old to use CalorieBro. If you are under 18 years of age, you must have permission from a parent or legal guardian to use the App.

By using the App, you represent and warrant that:

  • You meet the minimum age requirement
  • You have the legal capacity to enter into these Terms
  • All information you provide is accurate and complete
  • You will maintain the accuracy of such information

3. License Grant and Restrictions

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App for your personal, non-commercial use.

You may NOT:

  • Copy, modify, or create derivative works of the App
  • Reverse engineer, decompile, or disassemble the App
  • Rent, lease, lend, sell, or sublicense the App
  • Remove, alter, or obscure any proprietary notices
  • Use the App for any illegal or unauthorized purpose
  • Attempt to gain unauthorized access to the App or related systems

4. Subscription Terms

CalorieBro operates on a subscription model managed through Apple's App Store.

Subscription Details:

  • Payment will be charged to your Apple ID account at confirmation of purchase
  • Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
  • Your account will be charged for renewal within 24 hours prior to the end of the current period
  • You can manage and cancel subscriptions in your Apple account settings
  • Any unused portion of a free trial period will be forfeited when purchasing a subscription
  • Refunds are handled according to Apple's App Store refund policy

5. User Responsibilities

When using CalorieBro, you agree to:

  • Provide accurate personal information (weight, height, age, activity level)
  • Use the App in accordance with all applicable laws and regulations
  • Not misuse or abuse the AI-powered features
  • Not attempt to manipulate or interfere with the App's functionality
  • Keep your device secure and protect your account information
  • Not share your account with others

6. Medical Disclaimer

IMPORTANT: CalorieBro is NOT a medical device and does NOT provide medical advice.

The App is intended for general fitness and wellness purposes only. All information provided by the App, including calorie calculations, nutritional data, weight projections, and recommendations, are estimates and should not be considered medical advice.

You acknowledge that:

  • The App is not intended to diagnose, treat, cure, or prevent any disease or medical condition
  • You should consult with a qualified healthcare provider before starting any diet, exercise, or weight loss program
  • Nutritional calculations are estimates and may not be 100% accurate
  • AI-generated nutritional data should be independently verified for critical dietary needs
  • The App is not suitable for managing medical conditions requiring precise nutritional monitoring
  • Individual results may vary, and we make no guarantees about weight loss or health outcomes

7. Intellectual Property Rights

All content, features, and functionality of the App, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of CalorieBro and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

The CalorieBro name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CalorieBro. You may not use such marks without our prior written permission.

8. User-Generated Content

While the App stores food logs, weight entries, and other personal data locally on your device, you retain all rights to this data. However, by using our AI analysis features, you grant us a limited license to process food images and descriptions solely for the purpose of providing nutritional analysis.

We do not store your food images on our servers. Images are processed in real-time through our AI service provider (Grok AI) and are not retained after analysis.

9. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:

  • Warranties of merchantability and fitness for a particular purpose
  • Warranties regarding accuracy, reliability, or completeness of content
  • Warranties that the App will be uninterrupted, error-free, or secure
  • Warranties that defects will be corrected

No advice or information obtained from us or through the App will create any warranty not expressly stated in these Terms.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALORIEBRO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

This includes, but is not limited to:

  • Loss of profits, data, use, or goodwill
  • Health complications or injuries
  • Failure to achieve fitness or weight goals
  • Inaccurate nutritional information or calculations
  • Service interruptions or data loss

Our total liability to you for all claims arising from or relating to the App shall not exceed the amount you paid us in the 12 months prior to the claim, or $100, whichever is greater.

11. Indemnification

You agree to indemnify, defend, and hold harmless CalorieBro, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use or misuse of the App
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Any health decisions made based on the App's information

12. Termination

We reserve the right to suspend or terminate your access to the App at any time, with or without cause, with or without notice, effective immediately. This includes, but is not limited to, situations where we believe you have:

  • Violated these Terms
  • Engaged in fraudulent or illegal activities
  • Abused or misused the App's features

Upon termination, your right to use the App will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by:

  • Posting the updated Terms within the App
  • Updating the "Last Updated" date
  • Providing notice through the App or via email (if applicable)

Your continued use of the App after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the App.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except that you may assert claims in small claims court if your claims qualify.

YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION LAWSUITS.

15. Third-Party Services

The App integrates with third-party services, including:

  • Grok AI (xAI): For food image and text analysis
  • Apple StoreKit: For subscription management

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices or content of third-party services.

16. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CalorieBro regarding the App.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

17. Contact Information

If you have any questions about these Terms, please contact us at:

CalorieBro Support

Email: support@caloriebro.com

Business Inquiries: business@caloriebro.com

By using CalorieBro, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.