Welcome to CalCue. These Terms of Service (“Terms”) govern your access to and use of the CalCue mobile application (“App”) and related services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
1. Acceptance of Terms
By creating an account, accessing, or using CalCue, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
You must be at least 13 years old to use the Service. If you are under 18, you represent that you have your parent’s or legal guardian’s permission to use the Service.
2. Use of Service
CalCue provides calorie tracking, nutritional information, and related wellness features. You agree to use the Service only for lawful purposes and in accordance with these Terms. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3. User Accounts and Data
To use certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are solely responsible for all data you enter into the App, including food entries, personal health information, and goals.
4. Intellectual Property Rights
The Service and its entire contents, features, and functionality (including but not limited to information, software, text, displays, images, and design) are owned by CalCue, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5. Prohibited Activities
You agree not to: (a) use the Service for any illegal purpose or in violation of any laws; (b) attempt to gain unauthorized access to any portion of the Service; (c) interfere with or disrupt the Service or servers; (d) transmit any viruses, malware, or harmful code; (e) collect or harvest any information from the Service; (f) impersonate any person or entity; or (g) engage in any activity that could damage, disable, or impair the Service.
6. Third-Party Services and Links
The Service may contain links to third-party websites or services that are not owned or controlled by CalCue. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that CalCue shall not be responsible or liable for any damage or loss caused by your use of any such third-party content or services.
7. Subscription and Payment Terms
Certain features of the Service may require payment. If you purchase a subscription, you agree to pay all fees associated with your subscription. Subscriptions automatically renew unless cancelled before the renewal date. All fees are non-refundable except as required by law. We reserve the right to change subscription fees at any time with reasonable notice.
8. Termination
We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CALCUE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CALCUE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO CALCUE IN THE PAST TWELVE (12) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
11. Indemnification
You agree to defend, indemnify, and hold harmless CalCue and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) any content you submit or transmit through the Service.
12. Data Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We collect, use, and protect your personal information as described in our Privacy Policy. By using the Service, you consent to such collection and use.
13. Changes to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through the Service or by other means. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in court to prevent infringement of intellectual property rights.
15. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way.
16. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and CalCue regarding the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral.
17. Contact Information
If you have any questions about these Terms, please contact us through the App or at the contact information provided in our Privacy Policy.
18. Health and Medical Disclaimer
IMPORTANT: PLEASE READ THIS SECTION CAREFULLY.
CalCue is a nutritional tracking and informational tool designed to help you monitor your dietary intake and wellness goals. THE SERVICE IS NOT A MEDICAL DEVICE, MEDICAL SERVICE, OR MEDICAL ADVICE PLATFORM. THE INFORMATION, CALCULATIONS, RECOMMENDATIONS, AND FEATURES PROVIDED BY CALCUE ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE MEDICAL, HEALTH, NUTRITIONAL, OR PROFESSIONAL ADVICE.
THE SERVICE IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. CALCUE DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, REGISTERED DIETITIAN, OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, DIET, NUTRITION PLAN, WEIGHT LOSS, OR EXERCISE PROGRAM.
Never disregard professional medical advice or delay in seeking it because of information you have read or accessed through CalCue. If you think you may have a medical emergency, call your doctor or emergency services immediately. Reliance on any information provided by CalCue is solely at your own risk.
The nutritional calculations, calorie estimates, and macro recommendations provided by the App are based on general formulas and algorithms. Individual nutritional needs vary significantly based on numerous factors including age, gender, activity level, metabolism, medical conditions, medications, and other personal circumstances. The App cannot account for all individual variations and should not be relied upon as accurate or appropriate for your specific situation.
Before starting any diet, weight loss program, exercise routine, or making significant changes to your eating habits, consult with a qualified healthcare professional, especially if you: (a) have any pre-existing medical conditions; (b) are pregnant or nursing; (c) are taking any medications; (d) have a history of eating disorders; or (e) are under 13 years of age or a minor using the Service.
CalCue and its developers, owners, affiliates, and partners make no representations or warranties regarding the accuracy, completeness, reliability, or suitability of any information, calculations, or recommendations provided through the Service. You acknowledge that use of the Service and any actions you take based on information from the Service are at your sole risk and discretion.
BY USING CALCUE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THIS HEALTH AND MEDICAL DISCLAIMER AND THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY DECISIONS YOU MAKE REGARDING YOUR HEALTH, DIET, NUTRITION, AND WELLNESS.