Terms of Service

Effective date: September 6, 2026

What’s new in this version: the user-content licence in Section 8 is stated more precisely — it covers what we need to run the App, and any use of your content to train or improve AI models requires your consent, which you can withdraw. A paid subscription with a free trial is required after onboarding; the operator is identified; the governing law is Queensland, Australia; and an App Store export-compliance representation has been added. Calorie does not show advertising in the app and does not use your health information, food logs, body measurements or photos for advertising.

These Terms of Service (“Terms”) govern your use of the Calorie mobile application (the “App”), operated by Javid Rezaei, a sole trader based in Queensland, Australia (“Calorie”, “we”, “us”). By creating an account or using the App, you agree to these Terms. If you do not agree, do not use the App. Our Privacy Policy explains how we handle your data and forms part of these Terms.

1. Eligibility

You must be at least 13 years old to use the App — or at least 16 where local law sets a higher minimum age for consenting to data processing, such as parts of the EU. By using the App you confirm you meet this requirement. If you are between 13 and 17, you may use the App only with the consent and supervision of a parent or legal guardian, who agrees to be responsible for activity under your account.

2. The Service

Calorie helps you track what you eat. The App lets you:

• photograph a meal and receive an AI-generated estimate of the foods, portion sizes, calories, and macronutrients, using vision AI and public nutrition databases;
• scan packaged-food barcodes to retrieve nutrition information;
• log foods manually, and edit or delete your entries — and other logging methods we may offer from time to time;
• set daily calorie and macronutrient targets and see your progress against them.

We may add, change, or remove features over time as the App evolves.

3. Estimates, Not Advice

• AI scanning can be wrong. Food identification and portion estimates from photos may be inaccurate — sometimes significantly. Barcode and database values depend on third-party data that may be incomplete or out of date. Always check important values against the product label or a trusted source.
• Consult a professional. Speak with a doctor, dietitian, or other qualified professional before making significant changes to your diet, and before relying on the App if you have a medical condition, are pregnant, or have a history of disordered eating.
• Calorie targets are generic. Suggested daily targets are calculated from standard formulas and the details you provide; they are not tailored medical guidance.

4. Your Account

You are responsible for your account credentials and for everything done under your account. Keep your password secure and tell us promptly at the address below if you believe your account has been compromised. You agree to provide accurate information when creating your account.

5. Acceptable Use

You agree not to:

• use the App for any unlawful purpose or in breach of these Terms;
• attempt to gain unauthorised access to our systems, other users’ data, or the service’s underlying infrastructure and APIs;
• reverse engineer, decompile, or disassemble the App, or circumvent or defeat any technical protection, rate limit, or access control in the App or the service — except to the limited extent applicable law permits this notwithstanding a contractual restriction;
• scrape, harvest, or bulk-extract data from the service, or resell or redistribute the App or its outputs at scale;
• use the App or its outputs for competitive analysis or benchmarking, or to build or train a competing product or service;
• interfere with or disrupt the operation or integrity of the service, including using automated tools to overload it;
• upload content that is unlawful or infringes the rights of others — including photos of identifiable individuals without lawful consent or another lawful basis to use their image.

6. Subscriptions, Free Trial & Payments

Calorie requires a paid subscription to use after onboarding. The subscription terms are:

• Paid access. After you complete onboarding, continued use of the App requires an active paid subscription. Some or all functionality is unavailable without one.
• Plans and prices. Calorie is offered as an auto-renewing subscription at US$49.99 per year or US$14.99 per month. Prices shown in the App are the localised prices set by the App Store for your region and currency, and those are the prices charged. Any introductory or promotional offer is shown in the App before you purchase.
• Free trial. New subscriptions may begin with a 3-day free trial. Starting the trial requires a valid payment method. Unless you cancel at least 24 hours before the trial ends, the trial automatically converts to a paid, auto-renewing subscription and the then-current price is charged to your payment method.
• Auto-renewal. Subscriptions renew automatically at the end of each billing period at the then-current price unless cancelled at least 24 hours before renewal.
• Billing. Purchases are processed by the Apple App Store or Google Play under their payment terms; we do not receive or store your card details.
• Cancelling. Cancel anytime in your device’s subscription settings (App Store: Settings → your name → Subscriptions; Google Play: Play Store → Payments & subscriptions). Cancelling stops future renewals; it does not retroactively refund the current period. Deleting the App does not cancel a subscription.
• Refunds. Refunds are handled by Apple and Google under their policies; nothing in these Terms limits any statutory refund rights you have, including under the Australian Consumer Law.
• Price changes. Prices may change; we will give notice before a change affects an active subscription, and you may cancel before it takes effect.

7. Intellectual Property

The App — including its design, code, branding, and content — belongs to Calorie and its licensors and is protected by intellectual property laws. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the App for your own personal, non-commercial use. Your food logs and the photos you take remain yours; the licence you grant us so we can operate the service and develop our AI models is set out in Section 8. Nutrition data is sourced from third-party databases (USDA FoodData Central, Open Food Facts) under their respective terms.

8. User Content; Licence Grant

“User Content” means the content you submit to the App — meal photos, food logs, and any text or details you enter. You own your User Content. These Terms do not transfer ownership of it to us.

You grant us a worldwide, royalty-free, transferable and sublicensable licence to host, store, reproduce, analyse, process, adapt and display your User Content, for as long as your account exists, so that we can operate, provide, maintain and improve the App — including sending a meal photo to our AI provider to identify the food and estimate portion size, and showing your content back to you. We separately ask for your consent before using your User Content to train, develop or evaluate artificial-intelligence or machine-learning models. That consent is optional, you can withdraw it at any time, and we do not seek it from users in the EU, EEA or UK. If you delete your account, this licence ends, except for content we are required to keep by law and copies that remain briefly in routine encrypted backups.

You are responsible for your User Content, and you warrant that you own it or have all rights, consents, and permissions needed to submit it and to grant this licence, including for any identifiable person shown in a photo.

9. Third-Party Content & Links

Nutrition values shown in the App come from third-party databases (USDA FoodData Central, Open Food Facts) and AI analysis, and are provided as-is. We do not control and are not responsible for the accuracy or completeness of third-party data. Any links to external sites are provided for convenience only — we are not responsible for their content.

10. Copyright & DMCA Notices

If you believe content available through the App infringes your copyright, send a notice to [email protected] including: (1) identification of the copyrighted work you claim is infringed; (2) identification of the allegedly infringing material and enough information for us to locate it; (3) your name, address, and email; (4) a statement that you have a good-faith belief the use is not authorised by the copyright owner, its agent, or the law; (5) a statement, under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorised to act for the owner; and (6) your physical or electronic signature. We will review valid notices and, where appropriate, remove or disable access to the material and terminate the accounts of repeat infringers.

11. Disclaimer of Warranties

The App is provided “as is” and “as available”. To the maximum extent permitted by law, we make no warranties, express or implied, about the App — including its accuracy, reliability, availability, or fitness for a particular purpose. We do not guarantee that the App will be uninterrupted, error-free, or that estimates will be accurate.

12. Limitation of Liability

To the maximum extent permitted by law, Calorie will not be liable for any indirect, incidental, special, or consequential loss, or for loss of data or profits, arising from your use of (or inability to use) the App — including reliance on any nutrition estimate. To the extent liability cannot be excluded, our total aggregate liability for all claims arising out of or relating to the App is limited to the greater of (a) the amounts you paid for the App (via the applicable app store) in the 12 months before the event giving rise to the claim, and (b) AUD $150 — or, where the law permits us to limit our liability in this way, to re-supplying the service.

Australian Consumer Law. Nothing in these Terms — including the cap above — excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law or other laws that cannot be excluded by agreement. To the extent of any inconsistency between this paragraph and the rest of this Section 12, this paragraph prevails.

13. Indemnification

You agree to indemnify Calorie against third-party claims, losses, and reasonable costs to the extent they arise from your breach of these Terms or your unlawful use of the App. This obligation does not apply to the extent a claim results from our own breach, negligence, or fault, and it does not limit any rights you have under the Australian Consumer Law or other applicable consumer laws.

14. Termination

You can stop using the App and request account deletion at any time (see the Privacy Policy). We may suspend or terminate your access if you materially breach these Terms or use the App in a way that harms the service or other users; where reasonable, we will notify you. Sections that by their nature should survive termination (including 3, 7, 8, 9, 10, 11, 12, 13, 16, 17, and 18) survive — and, for the avoidance of doubt, the licence in Section 8 survives as stated there.

15. Changes to These Terms

We may update these Terms as the App evolves. We will post the updated Terms at this address and update the effective date above; material changes will be highlighted in the App. Continuing to use the App after changes take effect means you accept the updated Terms.

16. Dispute Resolution

If you have a dispute with us, please contact [email protected] first and we will try to resolve it with you informally — most issues can be sorted out this way. If we cannot resolve it within a reasonable time, either of us may pursue the formal options available under Sections 17 and 18. Other than for United States residents as described in Section 17, nothing in these Terms requires arbitration or prevents you from bringing any proceedings available to you under applicable consumer law.

17. Dispute Resolution for United States Residents

This Section 17 applies only if you are a consumer resident in the United States. It does not apply to consumers in Australia, Canada, the EU/EEA, the UK, or anywhere else its terms are prohibited by law; those users are covered by Sections 16 and 18 alone.

Informal resolution first

Before starting arbitration or any court proceeding, you and we agree to first try to resolve the dispute informally: send a written description of the dispute to [email protected] (or we will send one to your account email), and both sides will work in good faith to resolve it for 30 days from that notice. Arbitration or litigation may begin only after that period ends.

Binding individual arbitration

If we cannot resolve the dispute informally, any dispute arising out of or relating to these Terms or the App will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. Filing, administration, and arbitrator fees are governed by those rules. The hearing will be held by videoconference or, if you prefer, in the county where you reside. The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this Section 17. You and we each waive the right to a trial by jury.

Class action and representative action waiver

You and we agree that disputes may be brought only in an individual capacity, and not as a plaintiff or class member in any class, consolidated, or representative action. The arbitrator may not consolidate claims or preside over any form of class proceeding. If a court holds this class waiver unenforceable as to a particular claim, then that claim (and only that claim) may proceed in court on a class or representative basis, and the remainder of these Terms — including the rest of this Section 17 — remains in full effect.

Exceptions

This Section does not prevent either of us from (a) bringing an individual claim in small-claims court, or (b) seeking injunctive or other equitable relief in court for actual or threatened infringement or misuse of intellectual property.

Your right to opt out

You may opt out of this arbitration agreement entirely by emailing [email protected] within 30 days of first accepting these Terms, with your name, the email address associated with your account, and a clear statement that you want to opt out of arbitration. Opting out does not affect any other part of these Terms.

Batch arbitration

If 25 or more arbitration demands raising similar claims are filed against us by the same counsel or coordinated counsel, the AAA will administer them in batches of up to 25 demands per batch, with a single arbitrator and a single set of administrative fees per batch, resolved in staged proceedings. This paragraph is intended to ensure the fair and efficient resolution of mass filings and applies notwithstanding anything to the contrary in the AAA rules.

18. Governing Law

These Terms are governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts of Queensland, Australia — without limiting any protections you are entitled to under the consumer laws of the place where you live, or the operation of Section 17 for United States residents.

19. App Store Terms

These Terms are between you and us only. Apple Inc. and Google LLC are not parties to these Terms, are not responsible for the App, and have no obligation to provide maintenance, support, or any warranty for it. Apple and Google are third-party beneficiaries of these Terms and are entitled to enforce them against you. Your use of the App must also comply with the terms of the store you downloaded it from.

Export compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable export-control and sanctions laws in using the App.

20. Severability

If any provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions stay in full effect.

21. Entire Agreement

These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the App and replace any prior understandings about it.

22. Assignment

You may not assign or transfer your rights or obligations under these Terms. We may assign ours — for example, as part of a business sale or restructure — and will give you notice if we do.

23. Force Majeure

We are not liable for delay or failure to perform caused by events beyond our reasonable control, such as outages of third-party services, natural disasters, or government action. This does not affect any rights you have that cannot be excluded by law.

24. Waiver

If we do not enforce a provision of these Terms, that is not a waiver of it — we may enforce it later. Any waiver must be given in writing.

25. Contact

Questions about these Terms: Javid Rezaei (trading as Calorie), Queensland, Australia [email protected]