Caloria Terms of Use

1. Apple Standard EULA

If you download or use Caloria through the Apple App Store, your use of the Caloria mobile application is also governed by Apple’s Standard End User License Agreement (“Apple Standard EULA”), available at:

https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

These Terms supplement the Apple Standard EULA. If there is a conflict between these Terms and the Apple Standard EULA regarding your licensed use of the app on Apple-branded devices, the Apple Standard EULA will control to the extent required by Apple’s terms.

2. Privacy Policy

Your use of Caloria is also governed by our Privacy Policy, available at:

https://www.getcaloria.com/privacy-policy

The Privacy Policy explains how we collect, use, share, store, and protect information when you use the Services.

3. Important Health and Wellness Notice

Caloria is a wellness and nutrition-tracking application. Caloria is designed to help users better understand food intake, calories, macronutrients, habits, activity, and wellness goals.

Caloria is not a medical device and does not provide medical advice, diagnosis, treatment, prevention, or cure of any disease or medical condition.

Information provided through Caloria is for general wellness and informational purposes only. It should not replace advice from a physician, registered dietitian, or other qualified healthcare professional.

You should consult a qualified healthcare professional before making changes to your diet, nutrition, exercise, medication, supplement use, or weight-management plan, especially if you:

• have a medical condition;
• take prescription medication;
• are pregnant or breastfeeding;
• have a history of eating disorders;
• follow a medically prescribed diet;
• have diabetes, insulin resistance, PCOS, thyroid disease, kidney disease, heart disease, or other health concerns;
• are using or considering weight-loss medications; or
• have questions about your health.

Use of Caloria does not create a doctor-patient relationship with Caloria, Diabetes & Endocrine Specialists Inc., its owners, advisors, affiliated clinicians, or any healthcare professional.

If you separately receive clinical care from Diabetes & Endocrine Specialists Inc. or any healthcare provider, that clinical relationship is separate from your use of the Caloria consumer app unless expressly stated otherwise in writing.

4. Eligibility

You must be at least 13 years old to use Caloria. If applicable law requires a higher minimum age in your jurisdiction, you must meet that minimum age unless you have appropriate parental or guardian consent.

By using the Services, you represent that you are legally able to agree to these Terms.

5. Accounts and Guest Use

Caloria may allow users to use certain features as a guest. Some features may require an account, such as saving information across devices, restoring access through a Caloria account, syncing data, or using account-specific functionality.

If you create an account, you agree to provide accurate and current information and to keep your login credentials secure. You are responsible for activity that occurs under your account.

You may delete your account in the app. Deleting your account does not automatically cancel an active subscription purchased through the Apple App Store or Google Play. You must manage or cancel subscriptions through the applicable app store.

6. Subscriptions, Free Trials, Billing, and Cancellation

Caloria may offer paid subscriptions, including auto-renewable subscriptions. Subscription options, pricing, billing periods, free trial details, and renewal terms are displayed in the purchase flow before you complete a purchase.

If you purchase a subscription through the Apple App Store, payment will be charged to your Apple ID at confirmation of purchase or at the end of any applicable free trial, as disclosed in the purchase flow. Subscriptions renew automatically unless canceled at least 24 hours before the end of the current period or trial period, as applicable. You can manage or cancel your subscription through your Apple ID account settings.

If you purchase through Google Play, payment, renewal, cancellation, and refund terms are handled by Google Play and your Google account settings.

Caloria does not receive or store your full credit card number or payment-card details.

Subscription access is generally managed by the platform through which you purchased the subscription, such as Apple App Store or Google Play. Cross-platform access, account linking, or premium syncing across different operating systems may require a Caloria account and additional entitlement-linking features if offered.

Refunds are handled by the applicable app store or payment provider according to their policies. Caloria does not control Apple or Google refund decisions.

7. Nutrition Information and Accuracy

Caloria provides nutrition information, calorie estimates, macronutrient estimates, food search results, barcode results, meal analysis, and related content for general wellness and informational purposes.

Nutrition information may come from user entries, third-party databases, restaurant or packaged-food data, barcode data, artificial intelligence, automated analysis, or other sources.

Caloria does not guarantee that nutrition information is accurate, complete, reliable, current, or suitable for your specific needs. Nutrition data may be inaccurate, incomplete, outdated, mislabeled, or different from information shown on product labels, restaurant menus, packaging, manufacturer materials, or other authoritative sources.

Ingredients, formulations, serving sizes, preparation methods, and nutrition values may change. You are responsible for reviewing and verifying nutrition information before relying on it.

You should verify food and nutrition information using product packaging, restaurant information, manufacturer information, or other reliable sources.

8. AI and Automated Food Analysis

Caloria may use artificial intelligence, image recognition, barcode scanning, natural language processing, and other automated systems to help identify foods, estimate portions, calculate calories and macronutrients, and generate nutrition-related insights.

These systems may make mistakes. For example, Caloria may:

• misidentify foods;
• estimate incorrect portions;
• produce inaccurate calorie or macronutrient values;
• miss ingredients;
• misunderstand meal descriptions;
• generate incomplete or incorrect analysis; or
• provide results that do not match the food actually consumed.

You are responsible for reviewing, editing, correcting, and confirming food entries and nutrition information before relying on them.

9. Third-Party Nutrition Data and FatSecret

Caloria may use third-party nutrition databases and food data providers, including FatSecret, to retrieve food, barcode, restaurant, packaged-food, and nutrition information.

Some food and nutrition data displayed in Caloria may be provided by FatSecret or other third-party providers. Where applicable, your use of such content may be subject to third-party terms, including the FatSecret Platform API Terms of Use:

https://platform.fatsecret.com/terms

Caloria may display required attribution or notices for third-party nutrition data providers. You may not remove, obscure, or interfere with any required attribution, branding, notices, or links associated with third-party content.

Caloria is not responsible for errors, omissions, interruptions, inaccuracies, outdated information, or incomplete data provided by third-party nutrition data sources.

10. Food Safety, Allergens, and Contraindications

Caloria should not be relied upon to identify allergens, ingredient safety, food contamination, medication interactions, contraindications, or suitability of foods for medical conditions.

You are solely responsible for verifying:

• ingredients;
• allergens;
• food safety;
• medication interactions;
• contraindications;
• nutrition suitability; and
• whether any food, diet, or nutrition choice is appropriate for you.

If you have food allergies, medical dietary restrictions, or health conditions, consult qualified professionals and verify information independently before relying on Caloria.

11. Activity, Health Data, Apple Health, and Health Connect

Caloria may offer integrations with Apple Health, Google Health Connect, or similar health and activity platforms. These integrations require your permission.

If you choose to connect these services, Caloria may use authorized data such as steps, workouts, activity, active energy, weight, or other approved health or activity information to support app features, personalize your experience, estimate activity, or display insights.

Caloria does not sell Apple Health, Google Health Connect, or similar health-platform data. Caloria does not use this data for advertising or targeted marketing.

You may manage or revoke health data permissions through your device settings or the applicable health platform.

Health and activity information shown in Caloria may be incomplete, delayed, inaccurate, or dependent on the accuracy of your device, wearable, connected platform, or user-entered data.

12. User Content and Information You Provide

You may submit information to Caloria, including food logs, images, meal descriptions, text entries, corrections, preferences, goals, weight information, activity information, and other content (“User Content”).

You retain ownership of your User Content. You grant Caloria a limited, non-exclusive, worldwide, royalty-free license to use, host, process, store, reproduce, display, modify, and analyze your User Content solely as necessary to operate, provide, improve, secure, and support the Services.

You agree that you will not submit content that:

• violates any law;
• infringes another person’s rights;
• contains unlawful, harmful, abusive, or misleading material;
• contains malware or malicious code;
• includes personal information of others without permission; or
• is unrelated to use of the Services.

You should avoid uploading images or content that contain faces, personal documents, addresses, credit cards, medical records, or other sensitive information unrelated to food analysis.

13. License to Use the App

Subject to these Terms, Caloria grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.

You may not:

• copy, modify, distribute, sell, lease, or sublicense the Services;
• reverse engineer, decompile, disassemble, or attempt to derive source code, except where allowed by law;
• interfere with or disrupt the Services;
• use the Services for unlawful, harmful, fraudulent, or abusive purposes;
• scrape, harvest, or extract data from the Services;
• bypass access controls, subscription controls, or security measures;
• use the Services to build a competing product or service;
• misuse third-party nutrition data, attribution, or content; or
• use Caloria in a way that violates these Terms or applicable law.

14. Acceptable Use

You agree to use Caloria responsibly and only for lawful purposes.

You agree not to:

• misuse the Services;
• attempt unauthorized access to accounts, systems, or data;
• interfere with app security or functionality;
• submit false, misleading, harmful, or unlawful content;
• use Caloria for emergency, diagnostic, treatment, or medical decision-making purposes;
• rely on Caloria as your sole source of nutrition, health, allergy, or medical information;
• use the Services in a way that could harm Caloria, other users, or third parties.

15. App Updates and Changes

We may update, modify, suspend, or discontinue all or part of the Services at any time. We may add, remove, or change features, integrations, subscription offerings, pricing, availability, or supported platforms.

We are not liable for changes to the Services, interruptions, or discontinuation, except where prohibited by law.

16. Third-Party Services and Links

Caloria may integrate with or link to third-party services, platforms, databases, app stores, authentication providers, AI providers, analytics providers, health platforms, or websites.

Third-party services are governed by their own terms and privacy policies. Caloria is not responsible for third-party services, content, accuracy, availability, security, or practices.

Your use of third-party services is at your own risk and may be subject to additional terms.

17. Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALORIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, RELIABILITY, AND ERROR-FREE OPERATION.

CALORIA DOES NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
• NUTRITION INFORMATION WILL BE ACCURATE OR COMPLETE;
• AI OR AUTOMATED ANALYSIS WILL BE CORRECT;
• THE SERVICES WILL MEET YOUR EXPECTATIONS OR HEALTH GOALS;
• ANY SPECIFIC WEIGHT, HEALTH, FITNESS, OR WELLNESS OUTCOME WILL OCCUR;
• THIRD-PARTY DATA OR SERVICES WILL BE ACCURATE, AVAILABLE, OR RELIABLE.

You use Caloria at your own risk.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALORIA, DIABETES & ENDOCRINE SPECIALISTS INC., ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, ADVISORS, AFFILIATES, CLINICIANS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, HEALTH OUTCOMES, OR OTHER DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALORIA’S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID TO CALORIA FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM; OR
• $100.

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, liability is limited to the greatest extent permitted by law.

19. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Caloria, Diabetes & Endocrine Specialists Inc., its owners, officers, directors, employees, contractors, advisors, affiliates, clinicians, service providers, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from or related to:

• your use or misuse of the Services;
• your User Content;
• your violation of these Terms;
• your violation of law;
• your violation of third-party rights;
• your reliance on inaccurate nutrition, AI, or third-party information;
• decisions you make based on information provided through the Services.

20. Account Suspension or Termination

We may suspend or terminate your access to the Services if we believe you violated these Terms, created risk or possible legal exposure, misused the Services, or used the Services in a harmful or unlawful way.

You may stop using the Services at any time. You may delete your account in the app.

Termination or account deletion does not automatically cancel subscriptions purchased through Apple App Store or Google Play. You must cancel subscriptions through the applicable app store.

Sections that by their nature should survive termination will survive, including sections related to health notices, disclaimers, limitation of liability, indemnification, third-party terms, and dispute resolution.

21. App Store Terms

If you downloaded Caloria from the Apple App Store, you acknowledge and agree that:

• Apple is not responsible for Caloria or its content;
• Apple has no obligation to provide maintenance or support for Caloria;
• Apple is not responsible for claims related to Caloria, including product liability claims, legal or regulatory claims, or intellectual property claims, except to the extent required by applicable law or Apple’s Standard EULA;
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you as third-party beneficiaries, where applicable.

Your use of Caloria is also subject to the Apple App Store rules and Apple Standard EULA.

If you downloaded Caloria from Google Play, your use may also be subject to Google Play terms and policies.

22. Intellectual Property

The Services, including software, design, graphics, logos, trademarks, text, images, features, workflows, and other content, are owned by Caloria, Diabetes & Endocrine Specialists Inc., or its licensors and are protected by intellectual property laws.

You may not use Caloria’s name, logos, branding, or content without our prior written permission, except as allowed by law.

23. Feedback

If you submit ideas, suggestions, feedback, or recommendations, you grant Caloria a perpetual, irrevocable, worldwide, royalty-free right to use, modify, and incorporate that feedback without restriction or compensation to you.

24. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except where preempted by federal law or where the law of your jurisdiction requires otherwise.

25. Dispute Resolution

If a dispute arises between you and Caloria, you agree to first contact us at caloria@mail.com and attempt to resolve the dispute informally.

If we cannot resolve the dispute informally, disputes will be resolved in the state or federal courts located in California, unless applicable law requires another forum.

Nothing in these Terms prevents either party from seeking injunctive or equitable relief where appropriate.

26. Changes to These Terms

We may update these Terms from time to time.

If we make material changes, we may notify you through the app, by email, or by other reasonable means. Updated Terms will be effective when posted unless otherwise stated.

Your continued use of the Services after updated Terms become effective means you accept the updated Terms.

27. Severability

If any provision of these Terms is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in effect.

28. Entire Agreement

These Terms, together with the Privacy Policy and any applicable subscription terms shown in the purchase flow, constitute the entire agreement between you and Caloria regarding the Services.

29. Contact Us

If you have questions about these Terms, contact us at:

Caloria Operated by: Diabetes & Endocrine Specialists Inc. Email: caloria@mail.com