Terms of Use & End User License Agreement (EULA)

1. Acceptance of Terms

By downloading, installing, accessing, or using kCal AI - AI Calorie Tracker (the "App"), you agree to be bound by these Terms of Use and End User License Agreement ("EULA"). These Terms constitute a legally binding agreement between you ("User") and the developer of kCal AI - AI Calorie Tracker ("we", "us", or "our"). If you do not agree to these terms, you must not download, install, or use the App.

2. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a device that you own or control, strictly for your personal, non-commercial purposes.

You shall NOT:

• Copy, modify, distribute, sell, lease, or sublicense any part of the App
• Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the App
• Remove, alter, or obscure any proprietary notices, labels, or marks on the App
• Use the App for any unlawful, unauthorized, or commercial purpose
• Attempt to interfere with or disrupt the App's servers, networks, or infrastructure
• Use automated systems (bots, scrapers) to access or interact with the App

3. Description of Service

kCal AI - AI Calorie Tracker is an AI-powered nutrition tracking application that helps users monitor food intake, track calories and macronutrients, log water consumption, track weight changes, monitor health data (steps, sleep, workouts), and achieve their health and fitness goals. The App uses artificial intelligence (OpenAI GPT-4 Vision) to analyze food photos and provide estimated nutritional information.

4. User Accounts & Registration

You may use the App as a guest or create an account via Google Sign-In or Apple Sign-In. If you create an account:

• You must provide accurate and complete information
• You are responsible for maintaining the security of your account credentials
• You are responsible for all activity that occurs under your account
• You must notify us immediately of any unauthorized use of your account
• You must be at least 13 years old (or 16 in the EEA) to create an account

We reserve the right to suspend or terminate accounts that violate these Terms.

5. Subscriptions, Payments & In-App Purchases

The App offers premium features through auto-renewable subscriptions:

Available plans include Weekly, Monthly, and Yearly subscriptions.

• Payment is charged to your Apple App Store or Google Play account at confirmation of purchase
• Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current billing period
• You can manage or cancel your subscription through your App Store or Google Play account settings
• Refunds are subject to the refund policies of Apple or Google, as applicable
• Subscription prices may change; we will notify you of any price changes in advance
• Free trial periods, if offered, will convert to a paid subscription unless cancelled before the trial ends

Some premium features may be temporarily unlocked through promotional offers (e.g., sharing to Instagram, rating the app). These grants are provided at our sole discretion and may be modified or discontinued at any time.

6. User Content

You retain ownership of all content you submit through the App, including food photos, personal data, and meal logs. By using the App, you grant us a limited, non-exclusive license to process your content solely for the purpose of providing the App's services (e.g., sending food photos to OpenAI for analysis, storing data on Supabase for sync). We do not claim ownership of your content and will not use it for any purpose other than providing the App's features.

7. AI & Nutritional Information Disclaimer

The nutritional information provided by kCal AI - AI Calorie Tracker is generated using artificial intelligence and should be treated as estimates only.

• AI-generated calorie and macronutrient estimates may not be 100% accurate
• Actual nutritional values may vary based on portion size, preparation method, specific ingredients, and brand variations
• The App does not provide medical, dietetic, or nutritional advice
• Always verify nutritional information with official food labels or a registered dietitian when precision is required

8. Health & Medical Disclaimer

kCal AI - AI Calorie Tracker is a wellness and fitness tracking tool. It is NOT a medical device and is NOT intended to diagnose, treat, cure, or prevent any disease or medical condition.

• Always consult with a qualified healthcare professional before starting any new diet, exercise program, or making significant changes to your health routine
• Do not use the App as a substitute for professional medical advice, diagnosis, or treatment
• While the App tracks allergies and dietary restrictions, it cannot guarantee the absence of allergens in analyzed foods
• Health data from HealthKit/Health Connect is displayed for informational purposes only

9. Intellectual Property

The App, including its design, code, graphics, interfaces, algorithms, AI models integration, and all related intellectual property, is owned by us and protected by applicable copyright, trademark, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the App other than the limited license described in Section 2.

10. Termination

We may suspend or terminate your access to the App at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. Upon termination:

• Your license to use the App is immediately revoked
• You may request deletion of your data by contacting us prior to termination
• Sections relating to intellectual property, disclaimers, limitation of liability, and governing law survive termination

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless the developer, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising from your use of the App, violation of these Terms, or infringement of any third-party rights.

13. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the developer is established, without regard to conflict of law provisions. Any disputes arising from these Terms or your use of the App shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to the competent courts of the developer's jurisdiction.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated by updating the "Last Updated" date and, where appropriate, through an in-app notification. Continued use of the App after changes constitutes acceptance of the revised Terms.

15. Contact Us

If you have any questions about these Terms, please contact us at mulganteng@icloud.com