Last updated: [DATE]
Please read these Terms of Service ("Terms") carefully. They form a binding agreement between you and [LEGAL ENTITY NAME] ("we", "us", "our") and govern your use of the ezecal mobile application and related services (the "Service").
By downloading, accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
You must be at least [MINIMUM AGE] years old to use the Service. By using it, you represent that you meet this requirement and that you have the legal capacity to enter into these Terms.
If you are using the Service in a jurisdiction where parental consent is required for the processing of your personal data, you represent that such consent has been given.
ezecal is a food tracking application. It allows you to record meals by photograph, by voice, by text description or by hand, and estimates their nutritional content. It provides suggested daily calorie, macronutrient and micronutrient targets, calculated from information you provide using published population formulas.
All suggested targets are editable. You may accept, adjust or ignore them.
Nutritional estimates are produced in part by automated analysis and are approximations, not measurements. Suggested targets are derived from general formulas that do not account for individual physiology, medical conditions or medication.
THE SERVICE IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE.
The Service is intended for general wellness and informational purposes only. It is not intended to diagnose, treat, cure or prevent any disease or health condition. Nothing in the Service constitutes medical, nutritional, dietary or clinical advice, and no professional relationship is created by your use of it.
Consult a physician, registered dietitian or other qualified health professional before beginning any diet, exercise or weight management programme, and before making significant changes to your nutrition. Do not disregard, avoid or delay obtaining professional advice because of anything you have read or seen in the Service.
You should not use the Service if you are being treated for, or are in recovery from, an eating disorder, except under the guidance of your clinician.
Individual results vary. Nutritional estimates and calculated targets may be inaccurate. You are solely responsible for decisions you make about what you eat.
If you believe you have a medical emergency, contact your local emergency services immediately.
Certain features, including automated meal analysis, require an account. An anonymous account may be created automatically when you first use these features so that usage limits can be applied.
Buying analyses requires signing in with Apple. Analyses you purchase are recorded against that identity rather than against the installation, so that they remain available if you reinstall the application or change device. When you sign in, the anonymous account and everything recorded against it are transferred to the signed-in account.
You are responsible for activity that occurs under your account. Notify us at [SUPPORT EMAIL] if you believe your account has been used without your authorisation.
The Service offers two kinds of purchase. Prices, billing periods and included features are shown in the Service before purchase, in your local currency.
Analysis packs are a one-off purchase of a fixed number of automated meal analyses. They do not expire, and they are used only after the allowance included with your plan for that month has been used. They are consumable: once an analysis has been performed it has been used, and Apple's transaction history does not retain a record that can be restored — which is why an account is required to buy them (section 4).
Premium is a subscription.
Subscriptions renew automatically. Unless cancelled at least 24 hours before the end of the current period, your subscription will renew and the applicable rate will be charged to your platform account. Any introductory or promotional rate applies only to the first period; renewals are charged at the standard rate then in effect.
You can manage or cancel your subscription in your Apple App Store or Google Play account settings. Deleting the application does not cancel a subscription.
Purchases are processed by Apple or Google, not by us. Refunds are governed by their policies. Where you are entitled to a refund or to withdraw from the purchase under applicable consumer law, those rights are unaffected by this section.
If your subscription lapses, paid features become unavailable and your monthly allowance returns to the free amount. Any analysis packs you have bought are unaffected and remain available. Your recorded data remains on your device.
You retain all rights in the content you submit to the Service, including meals, photographs, descriptions and body measurements ("Your Content").
You grant us a limited, non-exclusive, worldwide, royalty-free licence to host, store, process and transmit Your Content solely for the purpose of operating and providing the Service to you. This licence exists only so that the Service can function, and it ends when Your Content is deleted.
We do not sell Your Content. We do not use Your Content to train artificial intelligence models.
Where you submit a photograph or description for analysis, it is transmitted to our servers and to our artificial intelligence provider, which processes it on our behalf in order to return an estimate. Under our agreement with that provider, submitted content is not used to train its models.
Details of what is transmitted, where it is processed and how long it is retained are set out in our Privacy Policy.
Automated analysis is subject to usage limits, which are shown in the Service and may change. We may restrict or suspend access where use appears automated, abusive, or directed at extracting or reverse engineering the underlying model.
Automated analysis requires an internet connection and the availability of our servers and those of third parties. We do not guarantee that it will be available or accurate.
The Service may display advertising. Where required by applicable law, you will be asked for your consent to personalised advertising. Declining does not remove advertising; it means that advertising shown to you will not be personalised.
Health and fitness data obtained from Apple Health or Android Health Connect is never used for advertising purposes and is never shared with advertising partners.
You agree not to:
The Service, including its software, design, text, graphics and trade marks, is owned by us or our licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable and revocable licence to use the Service for your own personal, non-commercial purposes.
No rights are granted other than those expressly stated in these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, THAT NUTRITIONAL ESTIMATES OR CALCULATED TARGETS WILL BE ACCURATE OR COMPLETE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR RESULT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) [AMOUNT].
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.
If you are a consumer, nothing in these Terms affects your statutory rights, including any mandatory rights under the law of the country in which you reside. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above may not apply to you.
To the extent permitted by applicable law, you agree to indemnify and hold us harmless from claims, damages and reasonable expenses arising from your breach of these Terms, your misuse of the Service, or your violation of any law or third-party right. This section does not apply to the extent you are a consumer and applicable law prohibits it.
You may stop using the Service at any time. Deleting the application removes data stored on your device; export it first if you wish to keep it. You may request deletion of server-side records through the Service or by contacting [SUPPORT EMAIL].
We may suspend or terminate your access if you materially breach these Terms, or where required by law. Provisions that by their nature should survive termination will do so.
We may modify the Service or these Terms. Where a change is material, we will provide notice through the Service or by other reasonable means before it takes effect. Continued use after a change takes effect constitutes acceptance. If you do not accept a change, stop using the Service.
We may add, change or discontinue features at any time. Where a change materially reduces a paid feature you have purchased, you may be entitled to a refund under applicable law or platform policy.
These Terms are governed by the laws of [JURISDICTION], without regard to conflict of law principles. [DISPUTE RESOLUTION MECHANISM.]
If you are a consumer resident in the European Union or the United Kingdom, you benefit from the mandatory provisions of the law of your country of residence, and nothing in this section deprives you of that protection. You may also bring proceedings in the courts of your country of residence.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.
[LEGAL ENTITY NAME] [REGISTERED ADDRESS] [COMPANY NUMBER], [JURISDICTION] [SUPPORT EMAIL]