Effective Date: 3/24/2025
Welcome to CALORII, a cutting-edge fitness app tailored to help you achieve your fitness goals and elevate your performance. These Terms and Conditions ("Terms") govern your use of the CALORII mobile application and associated services (the "App"). By accessing or using the App, you agree to these Terms. If you disagree, please discontinue use immediately.
Agreement to Terms
By using the App, you agree to these Terms, our Privacy Policy, and any additional terms that may apply. This agreement constitutes a legally binding contract between you and AIBOD.
Acceptance of Updates: You acknowledge that these Terms may be updated periodically, and it is your responsibility to review the latest version. Continued use of the App after updates indicates your acceptance of the revised Terms.
Binding Arbitration: By agreeing to these Terms, you consent to resolve any disputes through binding arbitration as outlined in the Dispute Resolution section below, where applicable.
Legal Age Requirement: You confirm that you meet the eligibility criteria outlined in Section 2 and are legally authorized to enter into this agreement.
Eligibility
Age Requirement: You must be 18 years or older to use the App. By using the App, you confirm that you meet the minimum age requirement as per the laws of your jurisdiction.
Parental or Guardian Consent: Users under 18 may use the App only with explicit parental or guardian consent. Parents or guardians assume full responsibility for supervising and ensuring appropriate use of the App by minors.
Representation of Eligibility: By registering, you represent and warrant that you meet these eligibility requirements. Misrepresentation of eligibility may result in immediate termination of your account.
Account Registration and Security
Account Creation: To access certain features, you must register an account. You agree to provide accurate, current, and complete information during the registration process and to update this information as necessary to maintain its accuracy.
Accuracy of Information: Ensure that the information provided during registration is accurate, complete, and current. You are responsible for updating any changes to your information to maintain its accuracy and prevent any issues with your account.
Account Security: You are responsible for safeguarding your account credentials and for all activities that occur under your account. Any unauthorized access or breach should be reported to us immediately.
Unauthorized Access: Notify us immediately if you suspect unauthorized access to your account. We are not liable for any losses or damages resulting from your failure to secure your account.
Subscriptions and Payments
Fees: CALORII operates on a subscription model, where users pay to access the app. While there may be additional features that could incur extra charges, all users must pay a subscription fee to access the application. The subscription fees will be billed either monthly or annually, based on the selected payment method. All fees are non-refundable and must be paid in advance to access the app's features and services.
Auto-Renewal and Cancellation: Subscriptions are billed on a recurring basis and will automatically renew unless canceled prior to the renewal date. You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing cycle, and you will not be charged for the next period. Refunds are not provided for unused portions of a billing period.
Refund Policy: All payments are non-refundable unless specified in our Refund Policy.
Payment Processing:Payments are processed by third-party providers, and you agree to their terms of service.
Health and Medical Disclaimer
General Information: The App provides general fitness advice but is not a substitute for professional medical consultation.
Medical Advice:Always consult your physician before beginning a fitness or wellness program.
Assumption of Risk: You acknowledge and accept full responsibility for any risks associated with using the App.
Limitation of Liability: CALORII is not liable for injuries, health complications, or damages resulting from your use of the App.
Acceptable Use
When using the App, you agree to:
Use it for personal and lawful purposes only.
Avoid introducing malware or attempting to interfere with the App’s operations.
Respect intellectual property rights and refrain from unauthorized use of the App's content.
Prohibited activities include, but are not limited to:
· Engaging in fraudulent activities.
· Sharing, sublicensing, or reselling access to the App.
· Harassing other users or violating their privacy.
Intellectual Property Rights
Ownership: All content, features, and functionality (including text, graphics, logos, and software) are owned by CALORII or its licensors.
Restrictions: You may not copy, distribute, or modify any content without prior written consent from CALORII.
Trademark Usage: The CALORII name and logo are trademarks of CALORII. Unauthorized use is strictly prohibited.
User-Generated Content
Responsibility: Users may submit content such as comments, reviews, or progress updates. You are solely responsible for any content you share.
License: By submitting content, you grant CALORII a non-exclusive, royalty-free license to use, display, and distribute your content within the App.
Prohibited Content: You may not upload content that is defamatory, obscene, or violates third-party rights. Any such content may be removed immediately, and your account may be suspended or terminated without prior notice.
Privacy Policy
Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information. By using the App, you agree to the terms of our Privacy Policy.
Collection and Use of Information: We collect personal information to provide and improve our services. This includes data you provide directly, such as account details, and data we collect automatically, like usage patterns.
Protection of Your Information: We implement security measures to safeguard your personal information against unauthorized access, use, or disclosure. By using the App, you consent to our practices as outlined in this policy.
Termination
By CALORII: We may suspend or terminate your access at any time for violations of these Terms or other applicable policies.
By User: You may terminate your account at any time by contacting support@calorii.com. Upon termination, you will lose access to all features and content associated with your account.
Effect of Termination: Upon termination, your access to the App and associated content will be revoked. Any rights or obligations accrued prior to termination, including payment obligations, will remain enforceable.
Third-Party Services
The App may contain links to third-party websites or services. CALORII is not responsible for the content, policies, or practices of third-party providers.
Links to External Websites: The App may include links to third-party websites or services that are not operated or controlled by AIBOD. These links are provided for your convenience.
Content Responsibility: CALORII is not responsible for the content, policies, or practices of third-party websites or services that you may access through the App.
Third-Party Terms and Policies: You should review the privacy policies and terms of use of third-party websites and services before using them, as CALORII has no control over these external sites.
Disclaimer of Warranties
The App is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee the accuracy, reliability, or completeness of the App’s content.
No Warranties: The App is provided to you without any warranties, either express or implied, including but not limited to warranties of accuracy, reliability, or suitability for a particular purpose.
No Guarantee of Content: We do not guarantee the accuracy, completeness, or reliability of the content available on the App and disclaim any liability for errors or omissions.
Limitation of Liability
To the fullest extent permitted by law, CALORII shall not be responsible for any direct, indirect, incidental, special, or consequential damages resulting from your use of the App. This includes, but is not limited to, damages for loss of fitness progress, data, or any other intangible losses, even if CALORII has been advised of the potential for such damages. By using the App, you agree to indemnify and hold CALORII harmless from any claims, injuries, or damages that may arise from your use of the App, whether physical, emotional, or otherwise.
Indemnification
You agree to indemnify and hold harmless CALORII and its affiliates from any claims, damages, or expenses arising from your use of the App or violation of these Terms. This includes any legal fees or costs incurred in defending against such claims. You also agree to cooperate fully in the defense of any such claims, at your own expense, if requested by CALORII.
Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be communicated via the App or email. Continued use of the App after changes constitutes acceptance of the revised Terms. If you do not agree with the updated Terms, you must cease using the App immediately. It is your responsibility to review these Terms regularly to stay informed about any changes.
Governing Law
These Terms are governed by the laws of the United States of America. Any disputes will be resolved in the courts of this jurisdiction. By using the App, you consent to the exclusive jurisdiction and venue of the courts located within this jurisdiction for any legal proceedings.
Contact Information
For questions or support, contact us at:
Email: support@calorii.com
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