Terms of Service

Introduction

These Terms of Service ("Terms") govern your use of the Calorie Calculator mobile application ("App," "Service"). By using the App, you agree to these Terms.

If you do not agree to these Terms, do not use the App.

1. Acceptance of Terms

By downloading, installing, or using Calorie Calculator, you agree to be bound by these Terms and our Privacy Policy.

Updates to Terms: We reserve the right to modify these Terms at any time. We will notify you of material changes to these Terms via:

• Email notification to your registered Google account email address, AND/OR
• In-app notification displayed when you next open the App

Material changes will take effect 30 days after notification is sent. Your continued use of the App after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the App before the effective date.

Non-material changes (such as clarifications, corrections, or formatting updates) may take effect immediately upon posting.

2. Eligibility

Age Requirement: You must be at least 13 years old to use this App.

Account Requirement: You must have a valid Google account to sign in.

Prohibited Use: If you violate these Terms, we may suspend or terminate your access.

3. License to Use the App

3.1 Grant of License

We grant you a non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes.

3.2 Restrictions

You agree NOT to:

• Reverse engineer, decompile, or disassemble the App
• Modify, adapt, or create derivative works
• Remove copyright or proprietary notices
• Use the App for illegal purposes
• Violate any laws or regulations
• Attempt to bypass rate limits or security measures
• Upload harmful content (malware, viruses, etc.)
• Impersonate others or use fake accounts

4. User Accounts

4.1 Google Sign-In

• You must sign in with a valid Google account
• You are responsible for maintaining the security of your account
• Notify us immediately of any unauthorized access

4.2 Account Termination

Termination by You:

You may delete your account at any time through the App settings. Upon deletion, your data will be removed according to our Privacy Policy.

Termination by Us:

We reserve the right to suspend or terminate your account if:

• You violate these Terms
• You engage in abusive or fraudulent activity
• You exceed rate limits maliciously or attempt to bypass security measures
• You engage in prohibited conduct (see Section 8)
• Required by law or legal process

Termination Process:

• First Violation (Minor): We will typically send a warning email explaining the violation and requesting corrective action within 7 days
• Second Violation or Serious Violation: We may immediately suspend your account pending investigation
• Repeat or Severe Violations: We may permanently terminate your account without prior warning

Immediate Termination (No Warning):

We reserve the right to immediately terminate accounts without warning for:

• Attempting to extract API keys or reverse-engineer the App
• Using bots, scripts, or automated tools to abuse the service
• Engaging in illegal activity or violating others' rights
• Creating security vulnerabilities or attempting unauthorized access

Appeal Process:

If your account is suspended or terminated, you may appeal by contacting ziepakker@gmail.com within 14 days with:

• Your account email address
• Explanation of the circumstances
• Steps you've taken to prevent future violations

We will review appeals within 7 business days and respond via email. Our decision on appeals is final.

Effect of Termination:

Upon termination, you immediately lose access to the App and your data. We may retain certain data as required by law or for legitimate business purposes (e.g., preventing ban evasion).

5. AI-Powered Food Recognition

5.1 Accuracy Disclaimer

The AI food recognition feature (powered by Google Gemini) provides estimates and may not be 100% accurate.

You should:

• Verify nutritional information independently
• Consult a healthcare professional for medical advice
• Not rely solely on the App for dietary decisions

We are NOT responsible for:

• Inaccurate calorie or nutritional estimates
• Health issues arising from misuse of the App
• Decisions made based on AI-generated data

5.2 Rate Limits

To prevent abuse, we enforce the following limits:

• 50 AI requests per hour per user
• 200 requests per hour per IP address
• 10 requests per minute per device fingerprint

Exceeding these limits may result in temporary suspension.

6. Content and Intellectual Property

6.1 Your Content

• Food Logs: You retain ownership of your food logs and data
• Photos: Photos you upload are processed temporarily and not stored permanently
• Local Data: All data stored locally on your device belongs to you

6.2 License You Grant to Us

By submitting, uploading, or providing any content (including food logs, photos, text input, or other data) through the App, you grant us a limited, non-exclusive, royalty-free, worldwide license to:

• Process your photos through our AI food recognition service (Google Gemini)
• Analyze your content to provide nutritional estimates and calorie tracking
• Store and sync your data on our servers (Supabase) when you use optional cloud sync features
• Transmit your content through our backend infrastructure (Deno Deploy edge functions) to deliver app functionality
• Cache your data locally and on our servers to improve app performance

Scope and Duration:

• This license exists only to operate the App and provide the services you request
• We will NOT use your content for advertising, marketing to third parties, or training AI models beyond what's necessary to provide the service
• The license terminates when you delete your content or account, except for:
  • Cached copies needed for technical operations (deleted within 30 days)
  • Aggregated/anonymized analytics data (cannot be traced back to you)
• You can revoke this license at any time by deleting your account

6.3 Our Content

All content in the App (UI, code, branding, logos) is owned by us and protected by copyright, trademark, and other laws.

You may NOT:

• Copy, reproduce, or distribute our content
• Use our trademarks without permission

7. Advertising

7.1 AdMob Ads

The App displays advertisements via Google AdMob.

Ad Frequency: Ads may appear every 4th AI scan (configurable).

Opt-Out: You can opt out of personalized ads in your device settings (see Privacy Policy, Section 6.4).

7.2 Third-Party Advertisers

We are not responsible for the content of third-party ads or the privacy practices of advertisers.

8. Prohibited Conduct

You agree NOT to:

• Abuse the AI service (e.g., sending non-food images repeatedly)
• Attempt to extract the Gemini API key
• Use automated bots or scripts to spam the service
• Share your account credentials with others
• Use the App to harm others or violate laws

Violation may result in immediate account termination.

9. Disclaimers

9.1 "As-Is" Basis

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We disclaim all warranties, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability of content

9.2 No Medical Advice

Calorie Calculator is NOT a medical device.

The App is for informational and educational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment.

Always consult a healthcare provider before:

• Starting a new diet or exercise program
• Making changes to your nutrition
• Relying on AI-generated nutritional data

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

We are NOT LIABLE for any:

• Indirect, incidental, consequential, or punitive damages
• Loss of profits, data, or goodwill
• Personal injury or health issues
• Damage to your device
• Service interruptions or errors

Our total liability shall not exceed the amount you paid to use the App (if any), or $10, whichever is greater.

11. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses (including legal fees) arising from:

• Your use of the App
• Violation of these Terms
• Violation of any laws or third-party rights

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of Selangor, Malaysia, without regard to conflict of law principles.

12.2 Dispute Resolution

Step 1 - Informal Resolution:

Before initiating arbitration, you must first contact us at ziepakker@gmail.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days of receiving your notice.

Step 2 - Binding Arbitration:

If informal resolution fails, any dispute arising out of or relating to these Terms or the App shall be resolved through binding arbitration administered by:

• Arbitration Organization: Kuala Lumpur Regional Centre for Arbitration (KLRCA)
• Venue: Kuala Lumpur, Malaysia
• Rules: KLRCA Arbitration Rules (current version at time of filing)
• Language: English
• Arbitrators: One (1) arbitrator mutually agreed upon by both parties, or appointed by KLRCA if parties cannot agree within 14 days
• Governing Law: Laws of Selangor, Malaysia (substantive law), KLRCA Arbitration Rules (procedural law)

Arbitration Costs:

• Each party shall bear its own legal fees and expenses
• Arbitration filing fees and arbitrator fees shall be split equally unless the arbitrator determines otherwise

Class Action Waiver:

You agree to resolve disputes individually, not as part of a class action, consolidated action, or representative action. The arbitrator may not consolidate multiple parties' claims without all parties' written consent.

Exceptions to Arbitration:

Either party may seek injunctive relief in court for intellectual property violations or unauthorized access to the App without first going through arbitration.

Opt-Out Right:

You may opt out of this arbitration agreement by sending written notice to ziepakker@gmail.com within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the courts of Selangor, Malaysia.

13. Severability

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

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App.

15. Contact Us

For questions about these Terms, contact us:

• Email: ziepakker@gmail.com
• Website: https://calorie-calculator.app
• Terms of Service URL: https://calorie-calculator.app/terms