Kcal Terms of Service

1. Acceptance of Terms

By downloading, installing, or using the Kcal mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our App.

These Terms constitute a legally binding agreement between you and Kcal ("we," "our," or "us") regarding your use of our calorie tracking and health management services.

2. Description of Service

Kcal is a comprehensive health and fitness application that provides:

2.1 Core Features

• AI Food Recognition: Advanced artificial intelligence to identify food items and calculate calorie content from photos and videos
• Activity Tracking: Automatic detection and tracking of various physical activities including running, walking, cycling, and more
• Health Data Management: Comprehensive health data tracking, analysis, and visualization
• Personalized Recommendations: AI-powered health and nutrition recommendations based on your goals and data
• Data Synchronization: Cloud-based data sync across multiple devices
• Desktop Widgets: Home screen widgets for quick access to daily calorie information

2.2 Premium Features

• Advanced Analytics: Detailed health reports and trend analysis
• Custom Meal Plans: Personalized meal planning and recommendations
• Priority Support: Enhanced customer support for premium users
• Ad-Free Experience: Removal of advertisements
• Advanced Export: Enhanced data export capabilities

3. User Accounts and Registration

3.1 Account Creation

• You must create an account to access most features of the App
• You are responsible for providing accurate and complete information during registration
• You must be at least 13 years old to create an account
• You are responsible for maintaining the confidentiality of your account credentials

3.2 Account Security

• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• We reserve the right to suspend or terminate accounts that violate these Terms

4. Acceptable Use Policy

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

• Use the App for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the App's functionality or servers
• Upload, post, or transmit harmful, offensive, or inappropriate content
• Reverse engineer, decompile, or attempt to extract source code from the App
• Use automated systems or bots to access the App
• Share your account credentials with others
• Use the App to provide health advice to others without proper qualifications

5. Health and Medical Disclaimer

5.1 General Disclaimer

• The App provides general health and fitness information for educational purposes only
• Calorie calculations and health recommendations are estimates and may not be accurate for all individuals
• You should consult with qualified healthcare professionals before making significant changes to your diet or exercise routine
• We are not responsible for any health outcomes resulting from the use of our App

5.2 Emergency Situations

If you experience a medical emergency, contact emergency services immediately. Do not rely on the App for emergency medical information or assistance.

6. Subscription and Payment Terms

6.1 Premium Subscriptions

• Premium features require a paid subscription
• Subscription fees are billed in advance on a recurring basis
• Prices may change with 30 days' notice to existing subscribers
• Subscriptions automatically renew unless cancelled before the renewal date

6.2 Payment Processing

• Payments are processed through secure third-party payment processors
• You authorize us to charge your payment method for subscription fees
• Failed payments may result in suspension of premium features
• Refunds are subject to our refund policy and applicable laws

6.3 Cancellation

• You may cancel your subscription at any time through your device settings or our support team
• Cancellation takes effect at the end of the current billing period
• No refunds are provided for partial billing periods

7. Privacy and Data Protection

Your privacy is important to us. Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.1 Data Ownership

• You retain ownership of your personal health data
• You grant us a license to use your data to provide our services
• You can export or delete your data at any time
• We do not sell your personal information to third parties

7.2 Data Security

• We implement industry-standard security measures to protect your data
• However, no method of transmission over the internet is 100% secure
• You are responsible for maintaining the security of your device and account

8. Intellectual Property Rights

8.1 Our Rights

• The App and its content are protected by copyright, trademark, and other intellectual property laws
• We retain all rights, title, and interest in the App and its content
• You may not copy, modify, distribute, or create derivative works without our permission

8.2 Your Content

• You retain ownership of content you upload to the App
• You grant us a license to use your content to provide our services
• You are responsible for ensuring you have the right to share any content you upload

9. Third-Party Services and Integrations

Our App integrates with various third-party services:

• Health Platforms: Apple HealthKit, Google Fit for health data synchronization
• AI Services: Third-party AI providers for food recognition
• Cloud Services: Firebase and other cloud providers for data storage
• Payment Processors: Secure payment processing services
• Analytics: Usage analytics and performance monitoring

These third-party services have their own terms of service and privacy policies. We are not responsible for the practices of these third-party services.

10. Service Availability and Updates

10.1 Service Availability

• We strive to maintain high service availability but cannot guarantee uninterrupted access
• We may perform maintenance that temporarily affects service availability
• We are not liable for any damages resulting from service interruptions

10.2 App Updates

• We may update the App to improve functionality, security, or user experience
• Updates may be mandatory for continued use of the App
• Some updates may require you to accept new terms or policies

11. Limitation of Liability

11.1 Exclusions

We are not liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Damages resulting from your misuse of the App
• Health outcomes resulting from following App recommendations

12. Indemnification

You agree to indemnify and hold harmless Kcal and its officers, directors, employees, and agents from any claims, damages, or expenses arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you upload or share through the App

13. Termination

13.1 Termination by You

• You may stop using the App at any time
• You may delete your account through the App settings
• Account deletion is permanent and cannot be undone

13.2 Termination by Us

• We may terminate or suspend your access for violations of these Terms
• We may discontinue the App or specific features with reasonable notice
• Upon termination, your right to use the App ceases immediately

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

14.2 Dispute Resolution

• We encourage you to contact us first to resolve any disputes
• If disputes cannot be resolved informally, they may be subject to binding arbitration
• Class action lawsuits are not permitted

15. Changes to Terms

We may update these Terms from time to time. When we make significant changes, we will:

• Post a notice in the App
• Update the "Last Updated" date
• Send you an email notification if you have provided an email address

Your continued use of the App after changes become effective constitutes acceptance of the new Terms.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kcal regarding your use of the App and supersede all prior agreements and understandings.