Terms of Use

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Calorie Clock ("Company," "we," "our," or "us") governing your use of the Calorie Clock mobile application, website, and related services (collectively, the "App").

1. ELECTRONIC ACCEPTANCE

By downloading, installing, accessing, or using the App, you electronically agree to be bound by these Terms. If you do not agree to these Terms, you must immediately delete and do not use the App.

2. ELIGIBILITY

You must be at least 13 years old, or the minimum legal age required in your country, to use the App. If you are under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

3. LICENSE GRANT

Subject to your compliance with these Terms, Calorie Clock grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on Apple-branded products that you own or control, strictly in accordance with the Usage Rules set forth in the Apple Media Services Terms and Conditions.

You may not:

• Copy, modify, or create derivative works of the App.
• Reverse engineer, decompile, or disassemble the App.
• Redistribute, sell, lease, or sublicense the App.
• Use the App for any unlawful purpose.

4. APPLE MANDATED PROVISIONS

You acknowledge and agree that these Terms are concluded between you and Calorie Clock only, and not with Apple Inc. ("Apple"). Calorie Clock, not Apple, is solely responsible for the App and its content.

• Maintenance and Support: Calorie Clock is solely responsible for providing any maintenance and support services with respect to the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• Warranty: In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
• Product Claims: Calorie Clock, not Apple, is responsible for addressing any claims by you or any third party relating to the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
• Intellectual Property Rights: In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Calorie Clock, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• Third-Party Beneficiary: Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

5. HEALTH AND MEDICAL DISCLAIMER

CALORIE CLOCK IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE.

The App is intended solely for informational, educational, and general wellness purposes. The App does not diagnose, treat, cure, or prevent any disease, medical condition, or eating disorder.

Always consult your physician or qualified healthcare provider before beginning any diet, nutrition, or exercise program. Never disregard professional medical advice or delay seeking it because of information obtained from the App. If tracking calories increases stress, anxiety, or unhealthy eating behaviors, you should immediately cease using the App and consult a healthcare professional.

6. ARTIFICIAL INTELLIGENCE & NUTRITION ESTIMATES

Certain features of the App use artificial intelligence (AI) to identify foods, estimate portion sizes, and calculate nutritional information.

You acknowledge and agree that AI-generated results are predictive estimates and may:

• Be incomplete or hallucinate inaccurate data.
• Contain incorrect calorie or macronutrient values.
• Misidentify foods or incorrectly estimate serving sizes.

Actual nutritional values, calorie burn, and energy expenditure vary significantly based on individual human factors. You agree to independently verify important nutrition information before relying on it for dietary or health-related decisions. Calorie Clock disclaims all liability for the accuracy of AI-generated content or your dietary choices.

7. SUBSCRIPTIONS AND BILLING

Certain features of the App require a paid auto-renewing subscription. By selecting a subscription, you agree to pay all applicable fees.

• Auto-Renewal: Subscriptions automatically renew for the same price and duration unless auto-renew is turned off or canceled at least 24 hours before the end of the current billing period.
• Payment: Payment will be charged to your Apple ID account upon confirmation of purchase. Your account will be charged for renewal within 24 hours prior to the end of the current period.
• Cancellation: You may manage or cancel your subscriptions at any time by going to your Apple Account Settings (Settings > Apple ID > Subscriptions) after purchase. Deleting the App from your device does not cancel your subscription.
• Refunds: All billing is handled by Apple. No refunds are provided by Calorie Clock. Any refund requests must be directed to Apple Support and are subject to Apple's refund policies.
• Free Trials: Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription to that publication.

8. FOUNDATION MEMBERSHIPS

If offered, Foundation Membership pricing is limited to qualifying users as determined by Calorie Clock. These benefits apply only while the qualifying subscription remains continuously active. If a Foundation Membership lapses, expires, or is canceled, promotional pricing and associated benefits will be permanently forfeited and may not be available upon resubscription.

9. USER DATA AND PRIVACY

Personal health information entered into the App is stored locally on your device unless you choose to use features requiring cloud processing. You remain solely responsible for maintaining backups of your information. Deleting the App or resetting your device may permanently remove locally stored information. Please review our Privacy Policy for complete details on data handling.

10. ACCEPTABLE USE

You agree not to:

• Use the App illegally or for any fraudulent purpose.
• Attempt unauthorized access to the App's servers or infrastructure.
• Interfere with the proper operation of the App.
• Abuse, spam, or excessively query the App's AI features.
• Use automated systems, bots, or scrapers to access the App without authorization.

11. INTELLECTUAL PROPERTY

The App, including its software, algorithms, graphics, icons, branding, logos, text, layouts, and content, is the exclusive property of Calorie Clock and protected by applicable copyright, trademark, and intellectual property laws. No ownership rights are transferred to you.

12. AVAILABILITY AND UPDATES

We do not guarantee uninterrupted availability of the App. The App may occasionally become unavailable due to maintenance, software updates, network outages, third-party service interruptions (including AI API outages), or technical failures. We may release updates or require you to update the App to continue using the services.

13. DISCLAIMER OF WARRANTIES

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, CALORIE CLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY.

14. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, CALORIE CLOCK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR DAMAGES ARISING FROM PERSONAL DECISIONS BASED UPON NUTRITIONAL ESTIMATES OR EXERCISE OUTCOMES.

IN NO EVENT SHALL CALORIE CLOCK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID FOR THE APP OR SUBSCRIPTION DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

15. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Calorie Clock, its affiliates, and its employees from any claims, liabilities, damages, or costs (including reasonable attorneys' fees) arising out of your misuse of the App, your violation of these Terms, or your infringement of any third-party rights.

16. EXPORT COMPLIANCE

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

17. GOVERNING LAW AND VENUE

These Terms shall be governed by the laws of the State of Texas, United States, without regard to conflict-of-law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Tarrant County, Texas, and the parties consent to the personal jurisdiction of those courts.

18. SEVERABILITY AND WAIVER

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. The failure of Calorie Clock to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

19. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Calorie Clock may assign or transfer its rights and obligations under these Terms without restriction.

20. CHANGES TO THESE TERMS

We reserve the right to modify these Terms at any time. Material changes will become effective upon publication within the App or on our website. Your continued use of the App after changes become effective constitutes your acceptance of the revised Terms.

21. CONTACT INFORMATION

If you have questions regarding these Terms, please contact:

Calorie Clock Support

Email: [email protected]

Website: https://www.mycalorieclock.com