Terms of Service

1. Agreement to Terms

By downloading, accessing, or using the Calibite mobile application or website (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Calibite ("Company," "we," "us," or "our").

If you do not agree to these Terms, you must not access or use the Service.

By using the Service, you represent that:

• You are at least 16 years of age (or the age of majority in your jurisdiction)
• You have the legal capacity to enter into a binding agreement
• You are not prohibited from using the Service under applicable laws

2. Description of Service

2.1 What We Provide

Calibite is an AI-powered nutrition and wellness application that provides:

• Food logging and nutritional tracking
• AI-powered food recognition from photos
• Meal planning and recipe suggestions
• Health analytics and progress tracking
• Personalized nutrition insights and coaching
• Integration with health platforms (Apple Health, Google Fit)

2.2 Important Limitations

The Service is for informational and educational purposes only.

The Service is NOT:

• A medical device
• A substitute for professional medical advice, diagnosis, or treatment
• Intended to diagnose, treat, cure, or prevent any disease or health condition
• A replacement for consultation with qualified healthcare professionals

3. User Accounts

3.1 Account Creation

To use certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials secure and confidential
• Not share your account with others
• Notify us immediately of any unauthorized access or security breach

3.2 Account Responsibility

You are solely responsible for:

• All activities that occur under your account
• Maintaining the confidentiality of your password
• Any consequences resulting from your failure to secure your account

3.3 Account Termination by User

You may delete your account at any time through the app settings (Settings → Account → Delete Account) or by contacting support@calibite.app. Upon deletion:

• Your personal data will be deleted in accordance with our Privacy Policy
• Any active subscription will be cancelled
• You will lose access to all premium features and stored data

3.4 Account Suspension or Termination by Us

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

• You violate these Terms
• You engage in fraudulent or illegal activity
• Your use poses a security risk to the Service or other users
• Required by law or legal process
• We discontinue the Service

4. Subscriptions and Payments

4.1 Subscription Plans

Calibite offers:

• Free Plan: Basic features with limited functionality and advertisements
• Premium Plan: Full access to all features, ad-free experience

4.2 Billing

• Subscriptions are billed in advance on a recurring basis (monthly or annually)
• Payment is processed through Apple App Store (iOS) or Google Play Store (Android)
• Prices are displayed in your local currency and include applicable taxes
• We reserve the right to change prices with 30 days' notice to existing subscribers

4.3 Free Trials

• Free trials may be offered at our discretion
• You must cancel before the trial ends to avoid being charged
• Only one free trial per user/payment method

4.4 Automatic Renewal

• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
• Your payment method will be charged for renewal within 24 hours prior to the end of the current period
• Manage subscriptions through your device's app store settings

4.5 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
• You retain access to premium features until the end of the paid period
• No partial refunds are provided for unused portions of a billing period

4.6 Refunds

• 30-Day Money-Back Guarantee: First-time premium subscribers may request a full refund within 30 days of initial purchase
• Refund requests must be submitted to support@calibite.app
• Subsequent subscriptions are non-refundable except as required by law
• Refunds for app store purchases are subject to Apple/Google refund policies

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service only for your personal, non-commercial health and wellness tracking.

5.2 Prohibited Conduct

You agree NOT to:

Security Violations:

• Attempt to gain unauthorized access to the Service, other accounts, or computer systems
• Circumvent, disable, or interfere with security features
• Probe, scan, or test the vulnerability of the Service
• Use any automated system (bots, scrapers, etc.) to access the Service

Harmful Activities:

• Upload viruses, malware, or other malicious code
• Interfere with or disrupt the Service or servers
• Overload, flood, or spam the Service
• Engage in denial-of-service attacks

Content Violations:

• Upload illegal, harmful, threatening, abusive, or objectionable content
• Impersonate any person or entity
• Provide false or misleading information
• Violate the privacy or intellectual property rights of others

Commercial Violations:

• Use the Service for commercial purposes without authorization
• Resell, sublicense, or redistribute the Service
• Reverse engineer, decompile, or disassemble the Service
• Copy, modify, or create derivative works of the Service

Legal Violations:

• Violate any applicable laws or regulations
• Facilitate illegal activities
• Violate export control laws

5.3 Enforcement

We reserve the right to:

• Investigate suspected violations
• Remove or disable access to violating content
• Suspend or terminate accounts
• Report illegal activities to law enforcement
• Pursue legal remedies

6. Health and Medical Disclaimer

6.1 Not Medical Advice

IMPORTANT: READ THIS SECTION CAREFULLY.

The Service provides general nutrition information and AI-generated insights. This information:

• Is NOT medical advice
• Is NOT intended to diagnose, treat, cure, or prevent any disease
• Should NOT replace professional medical consultation
• May NOT be accurate for your specific health situation

6.2 Consult Healthcare Professionals

You should ALWAYS consult with qualified healthcare professionals before:

• Starting any diet or nutrition program
• Making changes to your eating habits
• Beginning or modifying an exercise routine
• Making decisions about your health based on information from the Service

6.3 Accuracy Limitations

We strive for accuracy, but:

• Nutritional data may contain errors or inaccuracies
• AI food recognition may misidentify foods
• Calorie and macro calculations are estimates
• Individual nutritional needs vary significantly

6.4 Health Conditions

If you have any health conditions, allergies, eating disorders, or are pregnant or nursing, consult your healthcare provider before using the Service.

6.5 Emergency Situations

The Service is NOT for emergencies. If you are experiencing a medical emergency, call emergency services immediately.

6.6 Assumption of Risk

By using the Service, you acknowledge and accept that:

• You use the Service at your own risk
• You are responsible for your own health decisions
• We are not liable for any health outcomes resulting from your use of the Service

7. Intellectual Property

7.1 Our Intellectual Property

The Service and its entire contents, features, and functionality are owned by Calibite and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

This includes, but is not limited to:

• Software and source code
• User interface and design
• Logos, trademarks, and brand elements
• AI models and algorithms
• Nutritional databases
• Documentation and content

7.2 Limited License to You

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

• Download and install the app on your personal device
• Access and use the Service for personal, non-commercial purposes

7.3 Restrictions

You may NOT:

• Copy, modify, or distribute the Service
• Reverse engineer, decompile, or disassemble the software
• Remove any copyright or proprietary notices
• Use our trademarks without written permission
• Create derivative works based on the Service

7.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback without compensation or attribution.

8. User Content

8.1 Your Content

"User Content" includes any content you submit, upload, or transmit through the Service, including:

• Food photos
• Food logs and entries
• Profile information
• Communications with AI features
• Custom foods and recipes

8.2 Ownership

You retain ownership of your User Content. We do not claim ownership of content you create.

8.3 License Grant

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to:

• Use, process, and analyze your content to provide the Service
• Store and back up your content
• Display your content back to you
• Use anonymized, aggregated data for research, analytics, and Service improvement

8.4 Content Representations

You represent and warrant that:

• You own or have rights to submit the User Content
• Your content does not violate any third-party rights
• Your content complies with these Terms and applicable laws

8.5 Content Removal

We may remove User Content that violates these Terms or is otherwise objectionable, without prior notice.

9. Third-Party Services

9.1 Integrations

The Service may integrate with third-party services, including:

• Apple Health / HealthKit
• Google Fit / Health Connect
• Apple App Store / Google Play Store
• Payment processors

9.2 Third-Party Terms

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services.

9.3 Links

The Service may contain links to third-party websites. We do not endorse or assume responsibility for third-party content.

10. Disclaimer of Warranties

10.1 "As Is" Basis

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied.

10.2 Specific Disclaimers

We specifically disclaim all warranties, including but not limited to:

• Merchantability: Fitness for a particular purpose
• Accuracy: That nutritional data, AI analysis, or recommendations will be accurate or complete
• Availability: That the Service will be uninterrupted, timely, secure, or error-free
• Results: That the Service will meet your requirements or achieve any particular health outcomes
• Compatibility: That the Service will be compatible with your device or other software

10.3 No Professional Advice

We do not warrant that any information provided through the Service constitutes professional medical, nutritional, or health advice.

11. Limitation of Liability

11.1 Exclusion of Damages

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

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Personal injury or health outcomes
• Cost of substitute services
• Any damages arising from:
  • Your use or inability to use the Service
  • Unauthorized access to your data
  • Errors, inaccuracies, or omissions in content
  • Third-party conduct or content
  • Any other matter relating to the Service

11.2 Liability Cap

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• The amount you paid us in the 12 months preceding the claim, OR
• One hundred Danish Kroner (100 DKK)

11.3 Jurisdictional Limitations

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

11.4 Essential Purpose

The limitations in this section apply even if any limited remedy fails of its essential purpose.

12. Indemnification

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

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content
• Your negligence or willful misconduct

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at legal@calibite.app to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days.

13.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Denmark, without regard to conflict of law principles.

13.3 Jurisdiction

For any disputes not resolved informally, you agree to submit to the exclusive jurisdiction of the courts located in Copenhagen, Denmark.

13.4 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

13.5 Time Limitation

Any claim arising from these Terms or your use of the Service must be filed within one (1) year after the claim arose, or be permanently barred.

14. Changes to Terms

14.1 Modifications

We reserve the right to modify these Terms at any time. When we make material changes:

• We will update the "Last Updated" date
• We will notify you via email or in-app notification at least 30 days before changes take effect
• We will provide a summary of material changes

14.2 Acceptance of Changes

Your continued use of the Service after the effective date of revised Terms constitutes acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and delete your account.

15. General Provisions

15.1 Entire Agreement

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

15.2 Severability

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

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

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

15.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

15.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15.7 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

15.8 Language

These Terms are provided in English. Translations may be provided for convenience, but the English version governs in case of conflict.

16. Apple App Store Additional Terms

If you downloaded the app from the Apple App Store, you acknowledge that:

• These Terms are between you and Calibite, not Apple
• Apple has no obligation to provide maintenance or support
• Apple is not responsible for any product warranties
• Apple is not responsible for any claims related to the app
• Apple is a third-party beneficiary of these Terms

17. Google Play Store Additional Terms

If you downloaded the app from Google Play Store, you acknowledge that:

• These Terms are between you and Calibite, not Google
• Google has no obligation to provide maintenance or support
• Google is not responsible for any product warranties

18. Contact Information

For questions about these Terms of Service:

General Inquiries:
Email: support@calibite.app

Legal Inquiries:
Email: legal@calibite.app

Mailing Address: legal@calibite.app
Calibite
CVR: 41650788
Denmark

19. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

These Terms of Service are effective as of the date stated above.