Terms and Conditions for Caloriva

These Terms and Conditions ("Terms", "Agreement") govern your use of the Caloriva mobile application ("Application", "App", "Service") operated by Caloriva ("we", "us", "our", "Service Provider", "Developer").

1. ACCEPTANCE OF TERMS

1.1 Agreement to Terms

By downloading, installing, accessing, or using the Caloriva Application, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Application.

1.2 Legal Capacity

By using the Application, you represent and warrant that:

• You are at least 13 years of age (or the age of digital consent in your jurisdiction, e.g., 16 in certain EU countries)
• If you are under 18, you have obtained parental or guardian consent
• You have the legal capacity to enter into a binding agreement
• You are not prohibited from using the Application under applicable law

1.3 Changes to Terms

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

• Posting the updated Terms in the Application
• Sending an email notification (if you have an account)
• Displaying an in-app notification
• Updating the "Last Updated" date at the top of these Terms

Your continued use of the Application after changes constitutes acceptance of the modified Terms.

2. LICENSE AND USAGE RIGHTS

2.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the Application on your personal devices
• Access and use the Application for personal, non-commercial purposes
• Use the features and services provided by the Application

2.2 License Restrictions

You agree NOT to:

• Copy, modify, or create derivative works of the Application
• Reverse engineer, decompile, or disassemble the Application
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Rent, lease, lend, sell, sublicense, or transfer the Application
• Use the Application for any illegal or unauthorized purpose
• Circumvent any security features or access controls
• Extract or scrape data from the Application using automated tools
• Use the Application to harm, harass, or violate the rights of others
• Upload viruses, malware, or malicious code
• Interfere with or disrupt the Application's servers or networks

2.3 Intellectual Property Rights

All rights, title, and interest in and to the Application, including all intellectual property rights, are and will remain the exclusive property of Caloriva. This includes:

• Source code and object code
• Trademarks, service marks, and logos
• Design, layout, and user interface
• Content, text, graphics, and images
• Algorithms and AI models
• Database structure and organization

2.4 User-Generated Content License

By submitting content to the Application (food entries, exercise logs, photos, journal entries), you grant us a worldwide, non-exclusive, royalty-free license to:

• Store and process your content to provide the Service
• Use your content to improve our internal app logic and features (in anonymized, aggregated form)
• Display your content back to you within the Application
• Back up your content for data recovery purposes

Clarification: We may use anonymized, aggregated data to improve our app features and user experience. However, your data sent to third-party AI services (Google Gemini) is NOT used to train their AI models, as we use paid API services that exclude training usage.

You retain all ownership rights to your content. We will not share your personal content publicly without your explicit consent.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

To use certain features of the Application, you must create an account by providing:

• A valid email address
• A secure password
• Acceptance of these Terms and our Privacy Policy

You may also register using third-party authentication providers (Google Sign-In, Apple Sign-In).

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Using a strong, unique password
• Not sharing your account with others

We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Termination by User

You may terminate your account at any time by:

• Using the "Delete Account" option in the Application settings
• Sending an email request to support@caloriva.app with the subject "Delete Account Request"
• Contacting us at support@caloriva.app

IMPORTANT - Subscription Cancellation: Deleting your account does NOT automatically cancel your subscription. You must cancel your subscription through your App Store/Play Store settings BEFORE deleting your account to avoid future charges. We do not have the ability to cancel subscriptions on your behalf.

Upon account deletion:

• Your personal data will be permanently deleted within 30 days
• You will lose access to all data and content associated with your account
• Your subscription (if active) will continue to be charged by Apple/Google until you cancel it through your app store settings

Note: Email-based account deletion is available for users who cannot access the app (e.g., lost phone, device issues). We will verify your identity before processing the deletion request.

3.4 Account Termination by Us

We reserve the right to suspend or terminate your account immediately, without notice, if:

• You violate these Terms and Conditions
• You engage in fraudulent or illegal activities
• You abuse or misuse the Application
• Your account is inactive for more than 2 years AND does not have an active paid subscription
• We are required to do so by law
• We discontinue the Application

3.5 Effect of Termination

Upon termination of your account:

• Your license to use the Application immediately terminates
• You must cease all use of the Application
• We may delete your data in accordance with our Privacy Policy
• Provisions that should survive termination will remain in effect (see Section 15)

4. SUBSCRIPTION AND PAYMENT TERMS

4.1 Subscription Plans

Caloriva offers subscription-based premium features ("Pro Subscription") with the following terms:

• Subscription plans and pricing are displayed in the Application
• Subscriptions are managed through Apple App Store or Google Play Store
• Prices may vary by region and currency
• We reserve the right to change pricing with 30 days notice

4.2 Free Trial

We may offer a free trial period for new subscribers:

• Free trial duration and terms are specified at sign-up
• You will be charged automatically when the trial ends unless you cancel
• You may cancel during the trial period to avoid charges
• Free trials are limited to one per user

4.3 Billing and Renewal

• Subscriptions automatically renew at the end of each billing period
• You will be charged through your Apple App Store or Google Play Store account
• Billing occurs 24 hours before the end of the current period
• Subscription fees are non-refundable except as required by law
• You can manage or cancel subscriptions through your app store account settings

4.4 Subscription Management

To manage your subscription:

• iOS: Settings > [Your Name] > Subscriptions
• Android: Google Play Store > Menu > Subscriptions

We do not have direct access to cancel or refund subscriptions. All subscription management is handled by Apple or Google.

4.5 Cancellation

You may cancel your subscription at any time:

• Cancellation takes effect at the end of the current billing period
• You will retain access to Pro features until the end of the paid period
• No refunds are provided for partial billing periods
• You can resubscribe at any time

4.6 Refund Policy

Refunds are handled by Apple App Store or Google Play Store according to their policies:

• Apple: https://support.apple.com/en-us/HT204084
• Google: https://support.google.com/googleplay/answer/2479637

We do not process refunds directly. Contact Apple or Google for refund requests.

4.7 Price Changes

We reserve the right to change subscription prices at any time. Price changes will:

• Be communicated to you at least 30 days in advance
• Not affect your current billing period
• Take effect upon your next renewal
• Give you the option to cancel before the new price applies

4.8 Taxes

Subscription prices may be subject to applicable taxes, including VAT, GST, or sales tax. Taxes are calculated and collected by Apple or Google based on your location.

5. ARTIFICIAL INTELLIGENCE (AI) FEATURES

5.1 AI-Powered Services

The Application uses Artificial Intelligence (AI) technologies to provide:

• Nutrition analysis and calorie estimation
• Food recognition from text descriptions and photos
• Exercise classification and intensity calculation
• Personalized recommendations and insights
• Meal quality scoring and feedback

5.2 AI Accuracy Disclaimer

IMPORTANT: AI-generated information is not guaranteed to be accurate.

• Nutrition estimates are approximations and may contain errors
• AI cannot account for all variations in food preparation and ingredients
• Exercise intensity calculations are estimates based on general data
• Personalized recommendations are based on patterns and may not suit your individual needs

5.3 AI Data Processing

By using AI features, you acknowledge and agree that:

• Your food descriptions and exercise logs are sent to Google Gemini API for processing
• We use Google's paid Gemini API services, which do not use customer data for model training purposes
• Your data submitted to Google Gemini API is NOT used to train or improve third-party AI models
• Google Gemini processes your data according to their privacy policy
• AI processing may involve data transfer to servers outside your country

5.4 No Medical Advice

AI-generated information is NOT medical advice:

• Do not rely solely on AI estimates for medical decisions
• Consult healthcare professionals for personalized medical advice
• The Application is not a substitute for professional medical care
• We are not responsible for health outcomes based on AI recommendations

5.5 AI Limitations

You acknowledge that AI has limitations:

• AI may misinterpret ambiguous or unclear inputs
• AI may not recognize uncommon or regional foods
• AI may provide inconsistent results for similar inputs
• AI performance may degrade over time without updates

6. USER CONDUCT AND PROHIBITED ACTIVITIES

6.1 Acceptable Use

You agree to use the Application only for lawful purposes and in accordance with these Terms. You agree NOT to:

Prohibited Content:

• Upload false, misleading, or fraudulent information
• Submit content that violates intellectual property rights
• Post content that is defamatory, obscene, or offensive
• Share content that promotes violence, hate, or discrimination
• Upload viruses, malware, or malicious code

Prohibited Activities:

• Attempt to gain unauthorized access to the Application or user accounts
• Interfere with or disrupt the Application's operation
• Use automated tools (bots, scrapers) to access the Application
• Reverse engineer or decompile the Application
• Circumvent security measures or access controls
• Impersonate another person or entity
• Harvest or collect user information without consent
• Use the Application for commercial purposes without authorization

Prohibited Use Cases:

• Reselling or redistributing the Application
• Using the Application to harm or harass others
• Violating any applicable laws or regulations
• Infringing on the rights of others
• Engaging in fraudulent activities

6.2 Consequences of Violations

Violation of these Terms may result in:

• Immediate suspension or termination of your account
• Removal of your content
• Legal action and liability for damages
• Reporting to law enforcement authorities
• Permanent ban from the Application

6.3 Monitoring and Enforcement

We reserve the right to:

• Monitor user activity for compliance with these Terms
• Investigate suspected violations
• Remove content that violates these Terms
• Cooperate with law enforcement investigations
• Take any action we deem necessary to protect the Application and users

7. HEALTH AND FITNESS DISCLAIMER

7.1 Not Medical Advice

THE APPLICATION IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE.

• The Application provides general nutrition and fitness tracking
• Information provided is for educational and informational purposes only
• Do not use the Application as a substitute for professional medical advice
• Always consult qualified healthcare professionals for medical decisions

7.2 Health Risks

You acknowledge that:

• Physical activity and dietary changes carry inherent risks
• You should consult a doctor before starting any new diet or exercise program
• The Application cannot assess your individual health status or medical conditions
• We are not responsible for any health issues arising from your use of the Application

7.3 Accuracy of Information

• Nutrition data is estimated and may not be 100% accurate
• Food database information may be incomplete, outdated, or incorrect
• Exercise intensity calculations are approximations
• User-entered data may contain errors

7.4 Individual Responsibility

You are solely responsible for:

• Evaluating the suitability of any nutrition or fitness information for your needs
• Monitoring your health and well-being
• Seeking professional medical advice when needed
• Making informed decisions about your diet and exercise
• Understanding your own health conditions and limitations

7.5 Emergency Situations

THE APPLICATION IS NOT FOR EMERGENCIES.

• Do not use the Application for medical emergencies
• Call emergency services (911, 112, etc.) for urgent medical situations
• The Application does not provide real-time medical monitoring or alerts

8. THIRD-PARTY SERVICES AND CONTENT

8.1 Third-Party Services

The Application integrates with third-party services including:

• Firebase Authentication (Google)
• MongoDB Atlas (database)
• Google Gemini API (AI processing)
• OpenFoodFacts (food database)
• PostHog (analytics)
• RevenueCat (subscriptions)
• Apple App Store / Google Play Store

8.2 Third-Party Terms

Your use of third-party services is subject to their respective terms and conditions:

• Google Play Services: https://policies.google.com/terms
• Firebase: https://firebase.google.com/terms
• Google Gemini: https://ai.google.dev/terms
• OpenFoodFacts: https://world.openfoodfacts.org/terms-of-use
• PostHog: https://posthog.com/terms
• RevenueCat: https://www.revenuecat.com/terms
• Apple: https://www.apple.com/legal/internet-services/itunes/
• Google Play: https://play.google.com/about/play-terms/

8.3 Third-Party Content

The Application may display content from third-party sources:

• Food nutrition data from OpenFoodFacts
• AI-generated content from Google Gemini
• User-submitted content

We do not endorse, verify, or guarantee the accuracy of third-party content. You use third-party content at your own risk.

8.4 Third-Party Links

The Application may contain links to third-party websites or services. We are not responsible for:

• The content, privacy practices, or terms of third-party sites
• Any damages or losses caused by third-party services
• The availability or functionality of third-party sites

8.5 No Liability for Third Parties

We are not liable for:

• Actions or omissions of third-party service providers
• Data breaches or security incidents at third-party services
• Changes to third-party terms, pricing, or availability
• Interruptions or failures of third-party services

9. DATA AND PRIVACY

9.1 Privacy Policy

Your use of the Application is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.2 Data Collection and Consent

By using the Application, you consent to:

• Collection of personal information as described in our Privacy Policy
• Processing of health and fitness data (Special Category Data under GDPR)
• Use of tracking technologies for analytics
• Transfer of data to third-party service providers
• International data transfers (US, EU servers)

Health Data Consent: For users in the EEA, explicit consent for processing health data is obtained during account creation through a separate checkbox. This consent can be withdrawn by deleting your account.

9.2.1 Health Data Integration

Important: We do not use data obtained through Apple HealthKit or Google Health Connect for advertising or similar services. Data from these frameworks is not sold to third parties.

9.3 Data Security

While we implement reasonable security measures, we cannot guarantee absolute security. You acknowledge that:

• No method of transmission over the internet is 100% secure
• You use the Application at your own risk
• We are not liable for unauthorized access to your data due to circumstances beyond our control

9.4 Data Backup

You are responsible for:

• Maintaining your own backups of important data
• Exporting your data regularly
• Understanding that we may delete your data upon account termination

We are not responsible for data loss due to:

• Account termination
• Technical failures
• User error
• Force majeure events

10. INTELLECTUAL PROPERTY

10.1 Our Intellectual Property

All content, features, and functionality of the Application are owned by Caloriva and are protected by:

• Copyright laws
• Trademark laws
• Patent laws
• Trade secret laws
• Other intellectual property laws

10.2 Trademarks

"Caloriva" and associated logos are trademarks of Caloriva. You may not use our trademarks without prior written permission.

10.3 Copyright Infringement

If you believe your copyright has been infringed, contact us at support@caloriva.app with:

• Description of the copyrighted work
• Location of the infringing material
• Your contact information
• A statement of good faith belief
• A statement of accuracy under penalty of perjury
• Your physical or electronic signature

10.4 User Content Ownership

You retain ownership of content you submit to the Application. However, you grant us a license to use your content as described in Section 2.4.

11. DISCLAIMERS AND WARRANTIES

11.1 "AS IS" and "AS AVAILABLE" Basis

THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

11.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

• Merchantability: We do not warrant that the Application is suitable for your purposes
• Fitness for a Particular Purpose: We do not warrant that the Application meets your specific needs
• Non-Infringement: We do not warrant that the Application does not infringe third-party rights
• Accuracy: We do not warrant that information in the Application is accurate or complete
• Reliability: We do not warrant that the Application will be error-free or uninterrupted
• Security: We do not warrant that the Application is secure or free from viruses

11.3 No Guarantee of Results

We do not guarantee:

• Weight loss or fitness results
• Accuracy of nutrition or calorie information
• Compatibility with all devices or operating systems
• Continuous, uninterrupted access to the Application
• That the Application will meet your expectations

11.4 Third-Party Services

We do not warrant or endorse third-party services integrated with the Application. Use of third-party services is at your own risk.

11.5 Jurisdictional Variations

Some jurisdictions do not allow exclusion of implied warranties. In such jurisdictions, the above exclusions may not apply to you.

12. LIMITATION OF LIABILITY

12.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CALORIVA, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

Indirect Damages:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Loss of goodwill or reputation
• Personal injury or property damage

Direct Damages:

• Any damages exceeding the amount you paid to us in the 12 months preceding the claim
• For free users, liability is limited to ₹10,000 INR (or $100 USD)

12.2 Exclusions

We are not liable for damages arising from:

• Your use or inability to use the Application
• Unauthorized access to your account or data
• Errors, bugs, or technical issues
• Interruptions or delays in service
• Third-party actions or content
• Reliance on information provided by the Application
• Health outcomes or medical issues
• Data loss or corruption

12.3 Force Majeure

We are not liable for failures or delays caused by circumstances beyond our reasonable control, including:

• Natural disasters
• War, terrorism, or civil unrest
• Government actions or regulations
• Internet or telecommunications failures
• Cyberattacks or security breaches
• Pandemics or public health emergencies

12.4 Jurisdictional Variations

Some jurisdictions do not allow limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. INDEMNIFICATION

13.1 Your Indemnification Obligation

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

• Your use or misuse of the Application
• Your violation of these Terms and Conditions
• Your violation of any law or regulation
• Your violation of third-party rights (including intellectual property rights)
• Your content or data submitted to the Application
• Your negligence or willful misconduct

13.2 Defense of Claims

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims.

13.3 Notification

You must promptly notify us of any claims for which you may be required to indemnify us.

14. DISPUTE RESOLUTION

14.1 Governing Law

These Terms shall be governed by the laws of India, except where local mandatory consumer protection laws (such as GDPR or CCPA) require otherwise.

14.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts located in Jodhpur, Rajasthan, India for resolution of any disputes arising from these Terms or your use of the Application.

14.3 Informal Resolution

Before filing a formal claim, you agree to contact us at support@caloriva.app to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days.

14.4 Arbitration (Optional)

If informal resolution fails, disputes may be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. Arbitration will be conducted in Jodhpur, Rajasthan, India.

14.5 Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive any right to participate in class action lawsuits or class-wide arbitration.

14.6 Exceptions

The following disputes are not subject to arbitration:

• Intellectual property disputes
• Claims for injunctive relief
• Small claims court matters (below jurisdictional threshold)

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Caloriva regarding the Application and supersede all prior agreements.

15.2 Severability

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

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

15.4 Assignment

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

15.5 No Agency

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us.

15.6 Notices

Notices to you may be sent via:

• Email to your registered email address
• In-app notifications
• Posting on the Application

Notices to us should be sent to: support@caloriva.app

15.7 Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

15.8 Survival

The following provisions survive termination of these Terms:

• Intellectual Property (Section 10)
• Disclaimers and Warranties (Section 11)
• Limitation of Liability (Section 12)
• Indemnification (Section 13)
• Dispute Resolution (Section 14)
• General Provisions (Section 15)

15.9 Force Majeure

We are not liable for failure to perform obligations due to circumstances beyond our reasonable control.

15.10 Export Compliance

You agree to comply with all applicable export and import laws and regulations. You may not use the Application in violation of any trade sanctions or embargoes.

16. MOBILE DEVICE REQUIREMENTS

16.1 Device Compatibility

The Application requires:

• iOS: iOS 13.0 or later
• Android: Android 8.0 or later

16.2 Device Security

You are responsible for:

• Maintaining the security of your device
• Keeping your operating system updated
• Not jailbreaking or rooting your device (strongly discouraged)
• Protecting your device from malware and viruses

16.3 Jailbreaking/Rooting Warning

We strongly advise against jailbreaking (iOS) or rooting (Android) your device.

Jailbreaking or rooting may:

• Expose your device to malware and security vulnerabilities
• Compromise the Application's security features
• Cause the Application to malfunction or not work at all
• May void your device warranty
• Violate your device manufacturer's terms

We are not responsible for issues arising from jailbroken or rooted devices.

16.4 Internet Connection

The Application requires an active internet connection (Wi-Fi or mobile data) for most features. You are responsible for:

• Data charges from your mobile carrier
• Roaming charges when using the Application abroad
• Ensuring adequate data allowance

16.5 Storage Space

The Application requires adequate storage space on your device. You are responsible for managing device storage.

17. UPDATES AND MAINTENANCE

17.1 Application Updates

We may release updates to the Application to:

• Add new features
• Fix bugs and improve performance
• Enhance security
• Comply with legal requirements
• Update third-party integrations

17.2 Automatic Updates

You may receive automatic updates depending on your device settings. We recommend enabling automatic updates for security and performance.

17.3 Mandatory Updates

Some updates may be mandatory. If you do not install mandatory updates, the Application may not function properly or at all.

17.4 Maintenance and Downtime

We may perform scheduled maintenance that temporarily interrupts service. We will attempt to:

• Schedule maintenance during off-peak hours
• Provide advance notice when possible
• Minimize disruption to users

We are not liable for interruptions due to maintenance or technical issues.

17.5 No Guarantee of Updates

We do not guarantee that we will:

• Continue to update the Application indefinitely
• Maintain compatibility with all devices and operating systems
• Add specific features requested by users

18. TERMINATION OF SERVICE

18.1 Discontinuation

We reserve the right to discontinue the Application at any time, with or without notice, for any reason, including:

• Business reasons
• Technical limitations
• Legal or regulatory requirements
• Low user adoption

18.2 Effect of Discontinuation

If we discontinue the Application:

• You will lose access to all features and data
• Active subscriptions will be cancelled (refund policies apply)
• We will provide reasonable notice when possible (at least 30 days)
• We may offer data export options

18.3 No Liability

We are not liable for any losses or damages resulting from discontinuation of the Application.

19. DATA CONTROLLER AND CONTACT INFORMATION

19.1 Data Controller

For purposes of GDPR and other data protection laws, the data controller is:

19.2 Grievance Officer (India)

In accordance with Indian IT Rules, 2021, we have designated a Grievance Officer for handling user complaints:

19.3 General Inquiries

For questions, concerns, or support regarding these Terms and Conditions:

20. ACKNOWLEDGMENT

BY USING THE CALORIVA APPLICATION, YOU ACKNOWLEDGE THAT:

• You have read and understood these Terms and Conditions
• You agree to be bound by these Terms and Conditions
• You have read and understood our Privacy Policy
• You meet the minimum age requirements for your jurisdiction (at least 13 years of age, or 16 in certain EU countries)
• If you are under 18, you have obtained parental or guardian consent
• You have the legal capacity to enter into this agreement
• You understand the limitations and disclaimers regarding AI accuracy and medical advice
• You understand that deleting your account does NOT cancel your subscription
• You accept all risks associated with using the Application

End of Terms and Conditions