Terms of Service

Welcome to Cal AI. These Terms of Service ("Terms") govern your access to and use of the Cal AI mobile application, website, and related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, downloading, accessing, or using the Service, you agree to comply with and be legally bound by these Terms, whether or not you become a registered user. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

You must meet the following requirements to use our Service:

• Be at least 13 years old (or 16 in the European Economic Area)
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete registration information

If you are under 18, you represent that you have your parent's or legal guardian's permission to use the Service.

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your password
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

3.2 Account Termination

We reserve the right to suspend or terminate your account at our discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4. Use of the Service

4.1 License Grant

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

4.2 Prohibited Uses

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Impersonate any person or entity or falsely state or misrepresent your affiliation
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service
• Use any automated system to access the Service (bots, scrapers, etc.)
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Remove, circumvent, or create workarounds for any security or access control mechanisms
• Upload viruses, malware, or any other harmful code
• Harass, abuse, or harm other users
• Collect or harvest information about other users without their consent

5. Health and Medical Disclaimer

IMPORTANT: Please read this section carefully.

Cal AI is a nutrition tracking tool designed to help you monitor your dietary intake. However:

• The Service is NOT a substitute for professional medical advice, diagnosis, or treatment
• The nutritional information provided is based on AI estimates and may not be 100% accurate
• You should always consult with a healthcare professional before starting any diet or nutrition program
• We do not provide medical advice or services
• Individual results may vary, and we make no guarantees about weight loss or health outcomes
• If you have medical conditions, allergies, or dietary restrictions, consult your doctor before using the Service

In case of medical emergency, call emergency services immediately. Do not rely on Cal AI for emergency assistance.

6. AI-Powered Features and Accuracy

Our AI food recognition feature uses machine learning to identify foods and estimate nutritional content. While we strive for accuracy:

• AI estimates may not be 100% accurate
• Results depend on photo quality, lighting, and angle
• Portion sizes are estimates and may require manual adjustment
• You are responsible for verifying the accuracy of AI-generated data
• We continuously improve our AI models but cannot guarantee perfect accuracy

7. User Content

7.1 Your Content

You retain ownership of all content you submit, post, or upload to the Service ("User Content"), including food photos, progress photos, and other data.

7.2 License to Us

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, process, adapt, publish, and display your User Content for the following purposes:

• Providing and improving the Service
• Training and improving our AI models
• Analyzing usage patterns and app performance
• Complying with legal obligations

This license ends when you delete your User Content or account, except where content has been shared with others or used to improve our AI models.

7.3 Content Standards

You agree that your User Content will not:

• Violate any laws or third-party rights
• Contain harmful, offensive, or inappropriate material
• Include personal information of others without consent
• Promote illegal activities or self-harm

8. Subscription and Payments

8.1 Free and Premium Features

Cal AI offers both free and premium subscription features. Premium features require payment and are subject to the subscription terms presented at the time of purchase.

8.2 Billing

• Subscription fees are billed in advance on a recurring basis (monthly, annually, or lifetime)
• Payments are processed through the App Store (iOS) or Google Play (Android)
• Subscription fees are non-refundable except as required by law
• We may change subscription prices with 30 days' notice

8.3 Cancellation

You may cancel your subscription at any time through your App Store or Google Play account settings. Cancellation will take effect at the end of the current billing period.

8.4 Free Trials

Free trials may be offered at our discretion. If you don't cancel before the trial ends, you will be charged for the subscription. Free trials are limited to one per user.

9. Intellectual Property Rights

9.1 Our Property

The Service, including all content, features, functionality, software, designs, text, graphics, logos, and trademarks, is owned by Cal AI and is protected by copyright, trademark, and other intellectual property laws.

9.2 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Use our trademarks or branding without permission
• Frame or mirror any part of the Service
• Use the Service to create a competing product

10. Third-Party Services

The Service may contain links to third-party websites or integrate with third-party services (e.g., payment processors, analytics providers). We are not responsible for:

• The content or practices of third-party services
• Any damages or losses caused by third-party services
• Third-party terms of service or privacy policies

Your use of third-party services is at your own risk.

11. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information. By using the Service, you agree to our Privacy Policy.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, secure, or error-free
• The results or information obtained from the Service will be accurate or reliable
• Any errors in the Service will be corrected
• The AI food recognition will be 100% accurate

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAL AI AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, or goodwill
• Service interruption or loss of access
• Inaccurate nutritional information
• Health consequences from use of the Service
• Unauthorized access to or alteration of your data

OUR TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS.

14. Indemnification

You agree to indemnify, defend, and hold harmless Cal AI and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content

15. Dispute Resolution

15.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@trackcalai.com. We will attempt to resolve the dispute informally within 60 days.

15.2 Arbitration

If we cannot resolve the dispute informally, any dispute will be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if they qualify.

15.3 Class Action Waiver

You agree that any dispute will be resolved on an individual basis and not as a class action, consolidated action, or representative action.

16. Governing Law

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

17. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms in the app
• Updating the "Last Updated" date
• Sending you an email or app notification (for significant changes)

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and delete your account.

18. Termination

18.1 Your Rights

You may terminate your account at any time through the app settings.

18.2 Our Rights

We may terminate or suspend your access to the Service:

• For violation of these Terms
• For illegal or fraudulent activity
• For extended periods of inactivity
• At our discretion, with or without notice

18.3 Effect of Termination

Upon termination:

• Your right to access the Service immediately ceases
• Your data will be deleted in accordance with our Privacy Policy
• All licenses granted to you will terminate
• Sections of these Terms that should survive will remain in effect

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cal AI regarding the Service.

19.2 Severability

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

19.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

19.4 Assignment

You may not assign or transfer these Terms or your rights under them. We may assign these Terms without restriction.

19.5 Force Majeure

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, or internet service disruptions.

20. Contact Us

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