Terms of Service

1. Acceptance of Terms

Welcome to CalorieSense ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the CalorieSense mobile application and web services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Service.

We reserve the right to modify these Terms at any time. We will notify users of any material changes by updating the "Last Updated" date at the top of this page. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

2. Description of Service

CalorieSense is an AI-powered nutrition tracking application that provides the following features:

• AI-Powered Food Recognition: Our Service uses artificial intelligence (specifically OpenAI's GPT-4o Vision API) to analyze photographs of food and estimate nutritional information including calories, protein, carbohydrates, and fat content.
• Nutrition Tracking: Track your daily intake of calories and macronutrients (protein, carbohydrates, fat) against personalized goals.
• Meal Logging: Store and organize your meal history with associated images and nutritional data.
• Goal Setting: Set and adjust daily calorie and macro goals based on your personal health objectives.
• Progress Visualization: View charts and analytics of your nutrition intake over time.
• User Profiles: Create and manage your profile with personal information including height, weight, activity level, and health goals.

The Service is provided for informational and tracking purposes only and is not intended to replace professional medical advice, diagnosis, or treatment.

3. User Accounts and Registration

To access certain features of the Service, you must create an account. When you register, you agree to:

• Provide accurate, current, and complete information during registration and onboarding
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Maintain the security of your account credentials and password
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

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 guardian's permission to use the Service and that they have agreed to these Terms on your behalf.

4. AI-Powered Food Recognition and Accuracy Disclaimers

Important Limitations: Our AI-powered food recognition feature uses advanced machine learning technology to estimate nutritional information from photographs. However, you acknowledge and agree that:

• Estimates, Not Exact Measurements: All nutritional values provided by the Service (calories, protein, carbohydrates, fat) are estimates based on AI analysis of food images. These estimates may not be accurate and should not be relied upon as precise measurements.
• Variability in Results: The accuracy of nutritional estimates can vary significantly based on factors including but not limited to: image quality, lighting conditions, food preparation methods, portion sizes, ingredient variations, and the complexity of the meal.
• No Guarantee of Accuracy: We do not guarantee the accuracy, completeness, or reliability of any nutritional information provided by the Service. Actual nutritional values may differ substantially from our estimates.
• User Verification Recommended: We strongly recommend that you verify nutritional information through other sources, especially if you have specific dietary requirements, allergies, or medical conditions.
• Portion Size Estimation: Portion size estimates are approximations and may not reflect actual serving sizes. Users should use their judgment when interpreting portion information.

By using the Service, you acknowledge that you understand these limitations and agree not to hold us liable for any inaccuracies in nutritional estimates.

5. Medical and Health Disclaimers

NOT MEDICAL ADVICE: The Service is provided for informational and tracking purposes only. The Service is NOT intended to:

• Diagnose, treat, cure, or prevent any disease or medical condition
• Replace professional medical advice, diagnosis, or treatment
• Provide personalized medical or nutritional counseling
• Serve as a substitute for consultation with qualified healthcare professionals

Consult Healthcare Professionals: Before making any significant changes to your diet or nutrition plan, especially if you have:

• Any medical conditions (including but not limited to diabetes, heart disease, kidney disease, eating disorders)
• Food allergies or intolerances
• Pregnancy or nursing
• Medications that may interact with dietary changes

You should consult with a qualified healthcare provider, registered dietitian, or nutritionist.

No Liability for Health Outcomes: We are not responsible for any health outcomes, adverse effects, or consequences that may result from your use of the Service or reliance on the information it provides. You use the Service at your own risk.

6. User Responsibilities and Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Upload images that are not of food or meals
• Upload images containing inappropriate, offensive, or illegal content
• Upload images that infringe upon the intellectual property rights of others
• Attempt to reverse engineer, decompile, or extract the source code of the Service
• Use automated systems (bots, scrapers) to access the Service
• Interfere with or disrupt the Service or servers connected to the Service
• Share your account credentials with others
• Use the Service to violate any applicable laws or regulations
• Impersonate any person or entity or misrepresent your affiliation with any person or entity

You are solely responsible for the content you upload, including food photographs and any associated data. You represent and warrant that you have all necessary rights to upload and share such content.

7. Data Collection and Storage

The Service collects and stores the following types of data:

• Account Information: Email address, password (encrypted), display name
• Profile Data: Height, weight, activity level, gender, birth year, daily calorie and macro goals
• Meal Data: Food photographs, nutritional estimates, meal types, timestamps
• Usage Data: Information about how you interact with the Service

Your data is stored using Firebase (Google Cloud Platform) services, including Firebase Authentication, Cloud Firestore, and Cloud Storage. For detailed information about how we collect, use, and protect your data, please review our Privacy Policy.

You can delete your account and associated data at any time through the Service settings. Upon account deletion, we will delete your personal data in accordance with our Privacy Policy, subject to any legal retention requirements.

8. Third-Party Services

The Service relies on the following third-party services:

• Firebase (Google): For authentication, data storage, and cloud services
• OpenAI: For AI-powered food recognition and nutritional analysis

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices of these third-party services.

When you use the food recognition feature, your food images are sent to OpenAI's servers for processing. By using this feature, you consent to the transmission and processing of your images by OpenAI in accordance with their terms of service and privacy policy.

9. Intellectual Property Rights

The Service, including its design, features, functionality, and content, is owned by CalorieSense and protected by copyright, trademark, and other intellectual property laws.

Your Content: You retain ownership of any content you upload to the Service (including food photographs). However, by uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your content solely for the purpose of providing the Service to you.

You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

10. Service Availability and Modifications

We strive to provide reliable service, but we do not guarantee that the Service will be available at all times or free from errors, interruptions, or defects. We may:

• Modify, suspend, or discontinue any part of the Service at any time
• Perform maintenance that may temporarily interrupt service
• Limit access to certain features or impose usage restrictions

We reserve the right to modify or discontinue the Service (or any part thereof) with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied
• We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement
• We do not warrant that the Service will be uninterrupted, secure, or error-free
• We do not warrant the accuracy, reliability, or completeness of any nutritional information provided by the Service

LIMITATION OF DAMAGES: In no event shall CalorieSense, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, data, or use
• Health-related damages or adverse health outcomes
• Damages resulting from reliance on inaccurate nutritional information
• Damages resulting from service interruptions or failures

Our total liability to you for any claims arising from or related to the Service shall not exceed the amount you paid to us (if any) in the twelve (12) months preceding the claim, or $100, whichever is greater.

12. Indemnification

You agree to indemnify, defend, and hold harmless CalorieSense and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any rights of another party, or (d) your violation of any applicable laws or regulations.

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Your breach of these Terms
• Your violation of any applicable laws or regulations
• Fraudulent, harmful, or illegal activity
• Extended periods of account inactivity

Upon termination, your right to use the Service will immediately cease. You may also terminate your account at any time by deleting it through the Service settings. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which CalorieSense operates, 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 a recognized arbitration organization, except where prohibited by law. You waive any right to participate in a class-action lawsuit or class-wide arbitration.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CalorieSense regarding the Service and supersede all prior agreements and understandings.

17. Contact Information

If you have any questions about these Terms of Service, please contact us at:

CalorieSense
Email: support@caloriesense.com
Website: https://caloriesnap-c08d4.web.app