Calorys

Terms of Use Agreement

Effective Date: August 10, 2024

1. Introduction

These Terms and Conditions (“Terms”) govern your use of Calorys (the “App”), operated by Calorys team (“we,” “us,” or “our”). By accessing or using the App, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use the App. We encourage you to review these Terms periodically to stay informed about any changes.

2. User Accounts

To use Calorys, you must create an account by registering through Google, Apple, Facebook, or with your email. By creating an account, you agree to:

  • Provide Accurate Information: You must provide accurate, current, and complete information during registration and update it promptly if any changes occur.
  • Maintain Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  • Account Recovery: If you lose access to your account, you can contact us at feedback@calorys.co for assistance.
  • Age Requirement: You must be at least 13 years old to create an account and use the App. If you are under 18, you must have the consent of your parent or guardian.
  • Consequences of Violations: Providing false information or sharing your login credentials with others may result in the suspension or termination of your account.

3. Subscription and Payments

Calorys offers premium content through in-app purchases and subscriptions. By subscribing, you agree to the following:

  • Automatic Renewal: Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period. Renewal charges will be applied within 24 hours prior to the end of the current period.
  • Managing Subscriptions: You can manage and cancel your subscription through your account settings on your device. Refunds for subscriptions are subject to the policies of the platform (Apple App Store or Google Play Store) where the purchase was made.
  • Refund Policy: Refunds are processed according to the platform’s policies. If you believe you are entitled to a refund, you should contact the platform’s customer service directly. Prorated refunds may be available if the platform’s policy allows it.
  • Free Trials: If offered, free trials will convert to a paid subscription unless canceled before the trial period ends. You may only use a free trial once.

4. Use of the App

By using Calorys, you agree to:

  • Lawful Use: Use the App in compliance with all applicable laws and regulations.
  • Prohibited Conduct: You must not engage in any of the following activities:
    • Unauthorized Access: Attempting to gain unauthorized access to any part of the App, its systems, or user accounts.
    • Harmful Activities: Distributing viruses, malware, or any other harmful software.
    • Misrepresentation: Impersonating another user or providing false information.
    • Disruptive Behavior: Engaging in activities that disrupt or interfere with the App’s functionality or the experience of other users.
    • Intellectual Property Infringement: Sharing copyrighted material without permission.
    • Harassment: Engaging in harassment or abusive behavior toward other users.
    • Reverse Engineering: Attempting to decompile, reverse engineer, or otherwise extract source code from the App.

5. Health and Fitness Disclaimer

  • Not Medical Advice: Calorys provides general health and fitness information, but it is not a substitute for professional medical advice, diagnosis, or treatment. Always consult with a healthcare provider before starting any diet, exercise program, or health regimen.
  • Assumption of Risk: By using the App, you acknowledge and accept the risks associated with diet, exercise, and any health-related activities. Do not disregard professional medical advice or delay seeking it because of information you have read on the App.

6. User-Generated Content

  • Content Ownership: Users may input data such as food logs, exercise routines, and other personal information (“User-Generated Content”). You retain ownership of your User-Generated Content, but you grant us a non-exclusive, royalty-free, worldwide license to use, store, and display this content to operate and improve the App.
  • Responsibility for Content: You are solely responsible for the content you upload or share on the App. You must ensure that your content does not violate any laws or the rights of others.
  • Prohibited Content: You may not upload or share content that:
    • Violates Law: Is illegal, harmful, or infringes on the rights of others.
    • Offensive Material: Is obscene, defamatory, or otherwise objectionable.
  • Content Removal: We reserve the right to remove any content that violates these Terms or is otherwise objectionable, at our sole discretion.

7. Data Collection and Privacy

Your use of Calorys is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the App, you consent to the data practices described in our Privacy Policy.

Overview of Data Collection:
We collect personal information, usage data, and health-related data to provide and improve our services. You can manage your privacy settings and data preferences within the app.

8. Termination and Suspension

We reserve the right to terminate or suspend your account and access to the App at any time, without notice, for conduct that we believe violates these Terms, our policies, or is otherwise harmful to other users or the App. You may terminate your account at any time by contacting us at support@calorys.co.

Data Handling Upon Termination:
Upon termination of your account, your data may be deleted or retained in accordance with our Privacy Policy and applicable laws. You may request the deletion of your data by contacting us.

9. Limitation of Liability

  • “As-Is” Basis: The App is provided on an “as-is” and “as-available” basis. We do not guarantee that the App will be error-free, secure, or uninterrupted.
  • No Warranties: To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • Liability Limitation: To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, or consequential damages arising from your use of the App. Our total liability for any claim related to the App is limited to the amount you paid for the App or its services.
  • Exceptions: In some jurisdictions, limitations of liability may not apply in cases of gross negligence, willful misconduct, or other specific circumstances.

10. Changes to These Terms

We may update these Terms from time to time. When we do, we will notify you of significant changes by posting a notice within the App or by sending you an email. Your continued use of Calorys after any changes constitutes your acceptance of the new Terms.

Notification of Changes:
Minor changes may be posted within the App, while significant changes will be communicated via email. Previous versions of these Terms can be requested by contacting us at feedback@calorys.co.

11. Governing Law and Dispute Resolution

  • Governing Law: These Terms are governed by and construed in accordance with the laws of Estonia. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Estonia.
  • Dispute Resolution: You agree to resolve any disputes with us through binding arbitration or small claims court, rather than in a court of general jurisdiction. This does not apply to users in jurisdictions where arbitration agreements are not enforceable.
  • Arbitration Process: To initiate arbitration, you must send a written request to our legal team at feedback@calorys.co, detailing your claim and the relief you seek. We will work with you to select a mutually agreeable arbitrator and venue for the arbitration.

12. Intellectual Property

  • Ownership: All content provided within the App, including text, graphics, logos, and software, is owned by or licensed to [Your Company Name] and is protected by intellectual property laws.
  • Limited License: We grant you a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works based on our content without our prior written consent.
  • User Content: While you retain ownership of your User-Generated Content, you grant us a license to use it as described in Section 6.

13. Third-Party Services

  • Third-Party Integrations: The App may integrate with third-party services (e.g., Apple Health, Google Fit, advertising networks). Your use of these services is governed by their respective terms and privacy policies. We are not responsible for the practices of these third-party services.
  • Data Sharing: By using these integrations, you agree that we may share your data with these third-party services as necessary to provide the integrated functionality.

14. Accessibility

  • Commitment: We are committed to ensuring that our app is accessible to all users, including those with disabilities. If you encounter any barriers to accessibility, please contact us at feedback@calorys.co, and we will make reasonable efforts to accommodate your needs in compliance with applicable laws, such as the ADA.

15. Compliance with Local Laws

  • Global Use: Calorys is available in multiple regions, and we comply with local laws, such as GDPR in the EU or CCPA in California. You are responsible for ensuring that your use of the App complies with the laws in your jurisdiction.

16. Contact Us

If you have any questions or concerns about these Terms, please contact us at:
Email: feedback@calorys.co