Terms and Conditions

1. Interpretation and Definitions

1.1 Interpretation

Capitalized terms have the meanings provided in this Section or otherwise defined in these Terms. The definitions apply regardless of whether terms appear in singular or plural.

1.2 Definitions

• Affiliate means any entity that controls, is controlled by, or is under common control with the Company.
• Application means the mobile application titled "ReCal - AI Calorie Tracker," including all related features, tools, content, and updates.
• Company, We, Us, or Our means ReCal, a sole proprietorship doing business under the fictitious business name "ReCal" in California.
• Device means any device capable of accessing the Service.
• Service means, collectively, the Application, the Website, associated software, content, AI-powered tools, and any services offered by the Company.
• User Content means any text, food entries, metadata, or other content uploaded, submitted, or transmitted by You through the Service.
• Website means recalorieai.app and any associated subdomains.
• You means the individual using the Service or the legal entity on whose behalf the individual uses the Service.

2. Agreement to Terms

Your access to and use of the Service is conditioned upon Your acceptance of these Terms and the ReCal Privacy Policy. By accessing or using the Service, You acknowledge that You have read, understood, and agreed to be bound by these Terms. If You do not agree, You must discontinue use of the Service.

3. Eligibility; Age Requirements

You represent and warrant that You are at least 13 years old (or 16 years old if You reside in the European Economic Area).

If You are between 13 and 17 years old (or 16 and 17 in the EEA), You may only use the Service with the consent and supervision of a parent or legal guardian, who agrees to be bound by these Terms and be fully responsible for all activities conducted using the Service.

4. Health, Nutrition, and Safety Disclaimers

ReCal does not provide medical advice, nutritional counseling, or professional health services. All calorie estimates, nutritional insights, and food identifications are automated approximations generated by artificial intelligence and may be incomplete or inaccurate.

• Calorie and nutrition estimates are approximations only and should not be relied upon for medical purposes.
• The Service is not intended to diagnose, treat, cure, or prevent any disease or medical condition.
• You should consult licensed healthcare professionals for dietary, nutritional, or medical guidance.
• The Company is not liable for inaccuracies in calorie counts, macro calculations, or food identification.

5. User Content; License Grant

By submitting User Content, You represent that You own or have the necessary rights to it. You grant the Company a worldwide, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, analyze, process, modify, and create derivative works from the User Content to operate and improve the Service, including training and improving AI models.

You agree not to upload unlawful, harmful, offensive, defamatory, or infringing content. The Service does not collect or process photos or images.

6. Prohibited Uses

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms
• Reverse engineer, decompile, or disassemble any part of the Service
• Attempt to circumvent usage limits, access restrictions, or security measures
• Use automated systems to access the Service without authorization
• Interfere with the Service's operation or infrastructure
• Resell, sublicense, or commercially exploit the Service without authorization

7. Subscription, Billing, and In-App Purchases

The Service offers both free and paid subscription tiers. Free users have access to limited features. Paid subscriptions provide additional functionality as described in the Application.

Purchases and subscriptions are processed through third-party platforms (Apple App Store and Google Play Store). Their respective terms govern payment processing, renewals, and refunds.

Subscriptions automatically renew unless cancelled at least 24 hours before the current period ends. You may manage subscriptions through Your app store account settings.

8. Third-Party Services

The Service integrates with third-party services for functionality including authentication, data storage, analytics, error monitoring, subscription management, and AI processing. The Company does not control and is not responsible for such third-party services. Your use of third-party services is governed by their respective terms and privacy policies.

9. Intellectual Property

All rights in the Service (excluding User Content) are owned exclusively by the Company or its licensors. The Service is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or reverse engineer any part of the Service without prior written consent.

10. Termination

The Company may suspend or terminate Your access at any time, with or without cause, if You violate these Terms or for any other reason at the Company's sole discretion. Upon termination, all rights granted to You immediately cease. You may terminate Your account at any time by deleting it through the Application or by contacting Us.

11. "AS IS" and "AS AVAILABLE" Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the Company's total liability shall not exceed the greater of:

• The amount You paid to the Company in the twelve (12) months preceding the claim, or
• One hundred United States dollars (USD $100).

THE COMPANY IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from Your use of the Service, Your violation of these Terms, or Your violation of any rights of a third party.

14. DMCA Notice

If You believe that content available through the Service infringes Your copyright, You may submit a notice to the Company's designated agent at support@recaloriai.app.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. For users outside the United States, local mandatory consumer protection laws may apply.

16. Dispute Resolution and Arbitration

For Users in the United States: Any dispute arising from these Terms or Your use of the Service shall be resolved through binding individual arbitration, except where prohibited by law. You waive the right to participate in class actions or class-wide arbitration.

For Users in the European Union: This arbitration clause does not affect Your rights under EU consumer protection laws. You may bring claims in the courts of Your country of residence.

17. Severability and Waiver

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18. Changes to These Terms

The Company reserves the right to modify these Terms at any time. Material changes will be communicated through reasonable notice (such as email or in-app notification) at least thirty (30) days before they take effect. Continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

19. Contact Information

If You have questions about these Terms, You may contact Us at: support@recaloriai.app