Terms of Service
Effective Date: January 1, 2025
1. Agreement to Terms
By accessing or using Kalorica ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the App.
These Terms apply to all visitors, users, and others who access or use the App, including but not limited to registered users, premium subscribers, and those using the referral program.
2. Description of Service
Kalorica is a nutrition tracking and health management application that provides:
- AI-powered food recognition and nutritional analysis
- Calorie and macro nutrient tracking
- Personalized meal recommendations
- Health goal setting and progress monitoring
- Cloud synchronization across devices
- Premium features through subscription
The App is provided "as is" and "as available" without any warranties of any kind.
3. User Accounts
3.1 Account Creation
- You must be at least 13 years old to create an account
- You must provide accurate and complete information
- You are responsible for maintaining the confidentiality of your account
- You are responsible for all activities that occur under your account
- You must notify us immediately of any unauthorized use
3.2 Account Termination
We reserve the right to terminate or suspend your account at any time for:
- Violation of these Terms
- Fraudulent or illegal activity
- Abuse of the referral program
- Creating multiple accounts to exploit promotions
- Any other conduct we deem harmful to other users or the App
4. Subscriptions and Payments
4.1 Premium Subscriptions
- Free Trial: 7-day free trial for new premium subscribers
- Monthly Plan: €9.99 per month, automatically renewed
- Annual Plan: €79.99 per year, automatically renewed
- Referral Discount: 10% discount for 3 months with valid referral code
4.2 Billing and Renewal
- Subscriptions automatically renew unless cancelled
- Payment is charged through your app store account
- Prices may vary by region and are subject to change
- No refunds for partial subscription periods
4.3 Cancellation
You may cancel your subscription at any time through your app store account settings. Cancellation takes effect at the end of the current billing period.
5. Referral Program
5.1 Program Terms
- Users earn commission for successful referrals
- Monthly subscriptions: 20% for months 1-6, 10% for months 7-12
- Annual subscriptions: 30% one-time commission
- 60-day clawback period for monthly subscriptions
- €50 minimum payout threshold
- 5% volume bonus for 50+ quarterly conversions
5.2 Referral Rules
- Self-referrals are prohibited
- Creating fake accounts for referrals is prohibited
- Spam or misleading promotion is prohibited
- We reserve the right to void fraudulent referrals
- Commission payments are made monthly
6. User Content and Conduct
6.1 Your Content
You retain ownership of content you create, including:
- Food photos and meal logs
- Personal health information
- Custom recipes and foods
- Profile information
By using the App, you grant us a license to use your content for providing and improving our services.
6.2 Prohibited Conduct
You agree not to:
- Use the App for any illegal purpose
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Transmit viruses or malicious code
- Attempt to gain unauthorized access
- Reverse engineer or decompile the App
- Use automated systems to access the App
- Harass, abuse, or harm other users
7. Health Disclaimer
IMPORTANT: Kalorica is not a medical device and should not be used for medical purposes.
- The App provides general nutritional information only
- Not a substitute for professional medical advice
- Consult healthcare providers before making dietary changes
- We are not responsible for health outcomes
- Nutritional data may contain inaccuracies
- AI recommendations are suggestions, not medical advice
8. Intellectual Property
8.1 Our Property
The following are proprietary to Kalorica:
- App design, layout, and user interface
- Logos, trademarks, and brand elements
- AI models and algorithms
- Software code and documentation
- Marketing materials and content
8.2 Third-Party Content
The App may contain third-party content, including:
- Food database information from OpenFoodFacts
- Nutritional data from various sources
- Third-party libraries and frameworks
9. Privacy and Data Protection
Your use of the App is also governed by our Privacy Policy. By using the App, you consent to our collection and use of your information as described in the Privacy Policy.
We use industry-standard security measures to protect your data, but cannot guarantee absolute security.
10. Disclaimers and Limitations of Liability
10.1 Disclaimers
THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OR RELIABILITY OF INFORMATION
10.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KALORICA SHALL NOT BE LIABLE FOR:
- Indirect, incidental, or consequential damages
- Loss of profits, data, or business opportunities
- Personal injury or property damage
- Damages exceeding €100 or amounts paid in the past 12 months
11. Indemnification
You agree to indemnify and hold harmless Kalorica and its affiliates from any claims, damages, losses, liabilities, and expenses arising from:
- Your use of the App
- Your violation of these Terms
- Your violation of any rights of another party
- Your content or information
12. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the App constitutes acceptance of the modified Terms.
We will notify users of material changes through:
- In-app notifications
- Email notifications
- Prominent notice on our website
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms are governed by the laws of [Jurisdiction], without regard to conflict of law principles.
13.2 Dispute Resolution
- Informal resolution: Contact us first to resolve disputes
- Arbitration: Binding arbitration for unresolved disputes
- Class action waiver: No class or representative actions
- Jurisdiction: Courts of [Jurisdiction] for non-arbitrable claims
14. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
15. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kalorica regarding the use of the App, superseding any prior agreements.
16. Contact Information
For questions about these Terms, please contact us:
Email: legal@kalorica-app.com
Support: support@kalorica-app.com
Address: Kalorica Ltd.
Legal Department
[Company Address]
[City, Country]
17. Acknowledgment
BY USING KALORICA, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.