Effective Date: 4/05/2025
Welcome to Calorii!
Calorii ("the App"), developed and operated by Calorii LLC ("we," "us," or "our"), is a cutting-edge fitness application designed to help you achieve your health and wellness goals through personalized meal plans, workout routines, and activity tracking. These Terms and Conditions ("Terms") govern your access to and use of the App and its associated services (collectively, "Services"). By downloading, accessing, or using the App, you agree to be bound by these Terms, which form a legally binding contract between you and Calorii LLC. If you do not agree to these Terms, you may not use the App or access its services.
1. Agreement to Terms
1.1 Acceptance
By using the App, you acknowledge that you have read, understood, and agree to these Terms, our Privacy Policy (available at https://calorii.com/privacy-policy), and any additional policies or agreements referenced herein.
1.2 Updates
We may update these Terms periodically to reflect changes in our Services, legal requirements, or business practices. The updated Terms will be posted on the App with a revised "Effective Date," and we may notify you via email or in-App notifications. Your continued use of the App after such updates constitutes acceptance of the revised Terms. It is your responsibility to review these Terms regularly.
1.3 Binding Arbitration
Except where prohibited by law, you agree to resolve disputes with Calorii LLC through binding arbitration as outlined in Section 15 below, waiving your right to participate in class actions or jury trials.
1.4 Legal Capacity
You represent that you have the legal capacity to enter into this agreement under the laws of your jurisdiction.
2. Eligibility
2.1 Age Requirement
You must be at least 18 years old to use the App independently. If you are under 18 (or the age of majority in your jurisdiction), you may use the App only with the express consent and supervision of a parent or legal guardian.
2.2 Parental Consent
Parents or guardians who permit minors to use the App assume full responsibility for their use, including compliance with these Terms and any associated risks.
2.3 Representation
By registering or using the App, you warrant that you meet these eligibility criteria. Misrepresentation may result in immediate account termination without notice or refund.
3. Account Registration and Security
3.1 Account Creation
To access certain features, you must create an account by providing accurate, current, and complete information. You agree to update this information promptly to maintain its accuracy.
3.2 Account Security
You are solely responsible for:
3.3 Liability for Breach
We are not liable for losses or damages arising from your failure to secure your account or report unauthorized use promptly.
4. Subscriptions and Payments
4.1 Subscription Model
Calorii operates on a subscription basis. Access to the App requires payment of a recurring fee, billed monthly or annually based on your selected plan. Additional features may incur separate charges, as disclosed at the time of purchase. All fees are non-refundable unless otherwise stated.
4.2 Auto-Renewal
Subscriptions automatically renew at the end of each billing cycle unless canceled. You authorize us (via our third-party payment processors) to charge your designated payment method for each renewal.
4.3 Cancellation
You may cancel your subscription at any time through your account settings or by contacting support@calorii.com. Cancellation takes effect at the end of the current billing cycle, and no refunds will be issued for unused portions of the period.
4.4 Payment Processing
Payments are handled by third-party providers (e.g., Stripe, PayPal). You agree to their terms of service and acknowledge that we do not store full payment card details directly.
4.5 Fee Changes
We may adjust subscription fees at our discretion. Changes will be communicated in advance, and continued use after the effective date constitutes acceptance of the new fees.
4.6 Failed Payments
If a payment fails, we may suspend your access until payment is received. You remain liable for all outstanding amounts.
4.7 Third-Party Platform Subscriptions
If you subscribed to the App through a third-party platform (e.g., Apple App Store, Google Play Store), you must manage and cancel your subscription directly through your account with that platform, in accordance with their policies and procedures. Calorii LLC does not control cancellation or refund processes for subscriptions initiated via third-party platforms, and you should refer to the applicable platform’s terms for details
5. Health and Medical Disclaimer
5.1 General Information
The App provides fitness and nutritional guidance for informational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment.
5.2 Consultation Required
Before starting any fitness or dietary program via the App, consult a qualified healthcare professional, especially if you have pre-existing medical conditions or concerns.
5.3 Assumption of Risk
You use the App at your own risk and accept full responsibility for any physical, emotional, or other consequences arising from its use.
5.4 No Liability
Calorii LLC is not liable for injuries, health complications, or damages resulting from your reliance on or use of the App’s content or features.
5.5 No Professional Advice and No Guaranteed Results
The information, content, and features provided by the App, including meal plans, workout routines, and fitness tracking, are intended for general informational and educational purposes only. They do not constitute medical, nutritional, fitness, or other professional advice. Calorii LLC does not guarantee specific outcomes, results, or benefits from using the App. Individual results may vary based on factors such as personal effort, health conditions, genetics, lifestyle, and adherence to suggested plans.
You acknowledge that you are solely responsible for your health, fitness, and dietary decisions. We strongly recommend consulting a physician, licensed healthcare provider, or qualified fitness professional before beginning any fitness program, nutritional plan, or lifestyle changes facilitated by the App. Calorii LLC makes no representations or warranties regarding the effectiveness, accuracy, or outcomes of the App’s content or services.
5.6 Health Risk Acknowledgement
By using the App, you understand and acknowledge that engaging in physical activity, altering your diet, or following recommendations provided by the App involves inherent risks, including but not limited to physical injury, discomfort, fatigue, or adverse health effects. You agree to use the App responsibly and assume full responsibility for any risks associated with your participation. Calorii LLC shall not be liable for any injuries, health issues, or damages, whether physical, emotional, or otherwise, resulting from your use of the App or reliance on its content.
6. Acceptable Use
6.1 Permitted Use
You agree to use the App solely for personal, non-commercial, and lawful purposes in accordance with these Terms.
6.2 Prohibited Conduct
You may not:
6.3 Enforcement
Violations may result in immediate suspension or termination of your account, without refund, and we reserve the right to pursue legal remedies.
7. Intellectual Property Rights
7.1 Ownership
All content, features, and functionality of the App, including text, graphics, logos, software, and algorithms, are owned by Calorii LLC or its licensors and protected by copyright, trademark, and other intellectual property laws.
7.2 Limited License
We grant you a non-exclusive, non-transferable, revocable license to use the App for personal purposes, subject to these Terms.
7.3 Restrictions
You may not copy, modify, distribute, sell, or create derivative works from any part of the App without our prior written consent.
7.4 Trademarks
"Calorii" and associated logos are trademarks of Calorii LLC. Unauthorized use is prohibited and may result in legal action.
8. User-Generated Content
8.1 Responsibility
You may submit content (e.g., comments, reviews, progress updates). You are solely responsible for its accuracy, legality, and appropriateness.
8.2 License Grant
By submitting content, you grant Calorii LLC a worldwide, non-exclusive, royalty-free, perpetual license to use, display, reproduce, and distribute it within the App and for promotional purposes.
8.3 Prohibited Content
You may not upload content that is:
We may remove such content and suspend or terminate your account without notice.
9. Privacy Policy
Your use of the App is also governed by our Privacy Policy (available at https://calorii.com/privacy-policy]), which details how we collect, use, and protect your information. By agreeing to these Terms, you consent to our privacy practices.
10. Termination
10.1 By Calorii LLC
We may suspend or terminate your access at our sole discretion, with or without cause, including for:
10.2 By You
You may terminate your account by canceling your subscription and contacting support@calorii.com.
10.3 Effects of Termination
Upon termination:
11. Third-Party Services
11.1 External Links
The App may include links to third-party websites, services, or integrations (e.g., Apple Health, Google Fit, AI providers).
11.2 No Responsibility
We are not responsible for the content, policies, or practices of third parties. You access these services at your own risk and should review their terms and privacy policies.
12. Disclaimer of Warranties
12.1 "As Is" Basis
The App is provided "as is" and "as available," without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
12.2 No Guarantees
We do not guarantee:
13. Limitation of Liability
13.1 Scope
To the fullest extent permitted by law, Calorii LLC, its affiliates, officers, directors, and employees shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the App, including but not limited to:
13.2 Cap on Liability
Our total liability, if any, shall not exceed the amount you paid us in the preceding 12 months.
14. Indemnification
You agree to indemnify, defend, and hold harmless Calorii LLC, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
You will cooperate fully in defending such claims at your expense if requested.
15. Dispute Resolution
15.1 Informal Resolution
Before pursuing formal action, you agree to attempt to resolve disputes informally by contacting support@calorii.com. We will respond within 30 days.
15.2 Binding Arbitration
If a dispute remains unresolved through informal means, it shall be settled by binding arbitration under the rules of the American Arbitration Association (AAA), conducted in English in Wilmington, Delaware, unless prohibited by applicable law. For users accessing the App from outside the United States, arbitration will proceed under AAA rules to the extent enforceable in your jurisdiction; otherwise, disputes may be resolved in accordance with the mandatory legal processes of your country of residence. Each party will bear its own costs, except as otherwise determined by the arbitrator.
15.3 No Class Actions
You waive any right to participate in class actions, class arbitrations, or representative proceedings. Disputes will be resolved on an individual basis.
15.4 Exceptions
This section does not apply to claims for injunctive relief or intellectual property disputes, which may be pursued in court.
16. Changes to Terms
We may modify these Terms at any time. Significant changes will be communicated via email or in-App notifications. Your continued use after the effective date signifies acceptance. If you disagree, discontinue use immediately.
17. Governing Law
These Terms are governed by the laws of the State of Florida, USA, without regard to conflict of law principles. You consent to the exclusive jurisdiction of courts in Florida for any non-arbitrable disputes, unless local law mandates otherwise.
18. Additional Provisions
18.1 Force Majeure
We are not liable for delays or failures in performance due to events beyond our control, such as natural disasters, pandemics, or cyberattacks.
18.2 Severability
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions remain in full effect.
18.3 No Waiver
Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
18.4 Entire Agreement
These Terms, along with the Privacy Policy and any referenced agreements, constitute the entire agreement between you and Calorii LLC, superseding all prior understandings.
19. Contact Information
For questions, support, or to exercise your rights, contact us at:
Email: support@calorii.com
We will respond to inquiries as promptly as possible and in accordance with applicable data protection laws.
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