Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of the CalorieTally website and mobile application (the "Service") operated by CalorieTally ("us", "we", or "our"). By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

2. Description of Service

CalorieTally is an AI-powered nutrition tracking platform that provides:

• AI Nutrition Analysis: Artificial intelligence analysis of food descriptions, images, and audio recordings to estimate nutritional content
• Voice Input: Speech-to-text transcription and analysis of spoken meal descriptions
• Photo Recognition: AI analysis of food images and nutrition labels
• Manual Food Logging: Text-based meal entry with nutritional estimation
• Goal Setting: Personal calorie, macronutrient, and weight management goals
• Progress Tracking: Analytics dashboard showing nutrition and progress data
• AI Nutritionist Chat: Conversational AI for nutrition-related questions (Premium feature)
• Export Features: PDF report generation and data export capabilities

3. User Accounts and Registration

To access CalorieTally, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept all responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account
• Complete email verification as required
• Not create multiple accounts or share account credentials

4. Subscription Plans and Billing

CalorieTally offers multiple service tiers:

4.1 Free Plan

• Unlimited meal tracking and AI analysis
• Voice and photo input capabilities
• Basic goal setting and progress tracking
• Access to core nutrition analytics

4.2 Basic Plan ($5.99/month)

• All Free plan features
• Enhanced image recognition capabilities
• Advanced audio recognition and transcription
• Detailed analytics dashboard
• PDF export and report generation

4.3 Premium Plan ($7.99/month)

• All Basic plan features
• AI nutritionist chat functionality
• Personalized meal recommendations
• Advanced nutrition insights and analytics
• Priority customer support

4.4 Billing Terms

• Subscription fees are billed monthly or annually in advance via PayPal
• All paid plans include a 7-day free trial
• Subscriptions automatically renew unless cancelled
• We may change subscription prices with 30 days advance notice
• All fees are non-refundable except where required by law
• Failed payments may result in service downgrade or suspension

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any laws, regulations, or third-party rights
• Upload harmful, offensive, or inappropriate content in images, audio, or text
• Attempt to reverse engineer or circumvent our AI analysis systems
• Interfere with or disrupt the Service, servers, or networks
• Use automated systems to access the Service without permission
• Share, sell, or redistribute your account access
• Upload content that violates intellectual property rights
• Attempt to extract or replicate our AI models or algorithms
• Use the Service for commercial purposes without written consent

6. Medical Disclaimer and Health Information

You acknowledge and agree that:

• The Service is not intended to diagnose, treat, cure, or prevent any disease or medical condition
• AI nutritional analysis may contain inaccuracies or errors
• Calorie and macronutrient estimates are approximations, not precise measurements
• Health scores are algorithmic assessments, not medical evaluations
• You use the Service entirely at your own risk and responsibility
• You should consult qualified healthcare providers before making significant dietary changes
• You should seek immediate medical attention for any health emergencies
• The Service is not suitable for individuals with eating disorders without professional supervision
• We are not liable for any health consequences resulting from use of the Service

7. AI Technology Limitations

Our AI-powered features have inherent limitations that you must understand:

7.1 Food Recognition Accuracy

• AI analysis of food images may misidentify foods or portions
• Photo quality, lighting, and angle affect recognition accuracy
• Complex meals with multiple ingredients may not be fully analyzed
• Nutritional databases may contain outdated or incomplete information

7.2 Voice Recognition Limitations

• Speech-to-text transcription may contain errors
• Audio quality, accents, and background noise affect accuracy
• AI may misinterpret food descriptions or quantities
• Voice recordings are processed and deleted after transcription

7.3 AI Chat Limitations

• AI nutritionist responses are generated by machine learning, not human experts
• Chat responses may contain inaccuracies or inappropriate advice
• AI cannot replace consultation with qualified nutrition professionals
• Daily message limits apply to prevent system abuse

8. User Content and Data

You retain ownership of content you submit to the Service, including meal descriptions, food photos, voice recordings, and personal information. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to:

• Process your content through our AI systems for nutrition analysis
• Store and display your content within your account
• Use anonymized and aggregated data to improve our AI models
• Generate analytics and progress reports for your use

8.1 Content Responsibilities

You represent that:

• You have the right to upload and share all content you submit
• Your content does not violate any laws or third-party rights
• Food photos and descriptions are accurate to the best of your knowledge
• You will not submit inappropriate, offensive, or harmful content

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of personal information is governed by our Privacy Policy. Key points include:

• We collect meal data, personal health information, and usage analytics
• Voice recordings are transcribed and then deleted from our servers
• Food photos are stored for your account access and AI improvement
• We use secure encryption for data transmission and storage
• We do not sell your personal information to third parties
• You can request data deletion by contacting support

10. Payment Processing

All subscription payments are processed through PayPal. By subscribing, you agree to:

• PayPal's terms of service and payment policies
• Authorize recurring charges to your selected payment method
• Provide accurate billing information
• Notify us of any payment method changes
• Our right to suspend service for failed payments

11. Service Availability and Modifications

We reserve the right to:

• Modify, suspend, or discontinue the Service or any features
• Update AI models and analysis algorithms
• Impose usage limits or restrict access to prevent abuse
• Perform maintenance that may temporarily interrupt service
• Change subscription features or pricing with advance notice

12. Intellectual Property Rights

The Service and its AI technology, algorithms, design, and functionality are protected by intellectual property laws. You are granted a limited license to use the Service for personal, non-commercial purposes only.

12.1 Prohibited Activities

• Attempting to reverse engineer our AI models or algorithms
• Extracting nutritional data for use in competing services
• Using our AI analysis systems outside of the Service
• Creating derivative works based on our technology

13. Third-Party Services

CalorieTally integrates with third-party services:

• PayPal: For payment processing and subscription management
• Google OAuth: For account authentication and email verification
• AI Service Providers: For food recognition and natural language processing
• Cloud Storage: For secure data storage and backup

Your use of these services is subject to their respective terms and conditions.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM WARRANTIES REGARDING:

• AI ACCURACY: Nutritional analysis accuracy or completeness
• HEALTH OUTCOMES: Any health or dietary results from using the Service
• DATA SECURITY: Complete security of uploaded images or personal data
• SERVICE AVAILABILITY: Uninterrupted or error-free operation
• THIRD-PARTY SERVICES: Reliability of PayPal, Google, or other integrations

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CALORIETALLY SHALL NOT BE LIABLE FOR:

• HEALTH-RELATED DAMAGES: Any adverse health effects from following AI nutritional recommendations
• DATA LOSS: Loss of meal data, photos, or personal information
• AI ERRORS: Inaccurate calorie counts, food identification, or nutrition analysis
• BUSINESS LOSSES: Lost profits, revenue, or business opportunities
• CONSEQUENTIAL DAMAGES: Any indirect, incidental, or punitive damages

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

16. Indemnification

You agree to indemnify CalorieTally from claims arising from:

• Your use of the Service or reliance on AI nutritional analysis
• Your violation of these Terms or applicable laws
• Content you upload, including food photos or meal descriptions
• Your violation of any third-party rights
• Any health consequences from using the Service

17. Termination

We may terminate your account immediately for:

• Violation of these Terms of Service
• Fraudulent or abusive behavior
• Failed payments or subscription issues
• Misuse of AI features or attempting to circumvent limitations
• Uploading inappropriate or harmful content

Upon termination, you may lose access to your meal data, analytics, and other account information.

18. Data Retention After Termination

After account termination:

• Your meal data and photos may be retained for up to 90 days
• Anonymized data may be retained to improve AI models
• Billing records are retained as required by law
• You can request immediate data deletion by contacting support

19. Governing Law and Disputes

These Terms are governed by the laws of [YOUR JURISDICTION]. Any disputes will be resolved through:

• First, good faith negotiation between the parties
• If unsuccessful, binding arbitration in [YOUR JURISDICTION]
• You waive the right to participate in class action lawsuits
• Arbitration will be conducted by a single arbitrator

20. Changes to Terms

We may update these Terms to reflect:

• Changes to our AI technology or features
• New subscription plans or pricing
• Legal or regulatory requirements
• Improvements to our service policies

We will notify you of material changes via email or in-app notification. Continued use after changes constitutes acceptance.

21. Contact Information

For questions about these Terms, please contact us at:

• Support: support@calorietally.com