Terms of Service

1. Acceptance of Terms

By accessing or using Calvin ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Service.

2. Description of Service

Calvin is an AI-powered calorie tracking application that allows users to log meals through photos, text descriptions, or barcode scans and receive nutritional analysis. The Service uses artificial intelligence to estimate nutritional content, which may not always be 100% accurate.

3. User Accounts

To use certain features of the Service, you must create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Upload content that infringes on intellectual property rights
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service
• Use automated systems to access the Service without permission

5. Health Disclaimer

Calvin is intended for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. The nutritional information provided by the Service is estimated using AI and may not be accurate. Always consult with a qualified healthcare provider before making dietary decisions.

AI nutritional estimates include confidence scores. Lower confidence results should be reviewed more carefully. We recommend verifying estimates for foods that are critical to your dietary needs, such as when managing medical conditions or allergies.

Eating Disorders: If you have a history of, or are currently experiencing, an eating disorder or disordered eating, please consult a qualified healthcare professional before using Calvin. Calorie tracking can be a trigger for some individuals, and the Service is not designed for clinical use. If you are struggling, contact a professional or, in the United States, the National Eating Disorders Association helpline at 1-800-931-2237.

6. Subscription and Payments

Certain features of the Service require a paid subscription ("Pro"). By subscribing, you agree to pay the applicable fees.

• Subscriptions are available on monthly or yearly billing cycles
• New subscribers receive a 7-day free trial
• Subscriptions automatically renew unless cancelled before the renewal date
• You can manage or cancel your subscription through your account settings or the App Store
• Refunds are handled in accordance with applicable App Store policies

Payments are processed securely through Stripe or Apple's App Store. We do not store your payment card details.

Usage Limits

Free accounts have limits on daily AI food analyses. Pro subscribers receive higher or unlimited limits. Exceeding limits may temporarily restrict access to certain features until the next billing period.

7. Intellectual Property

The Service and its original content, features, and functionality are owned by Calvin and are protected by international copyright, trademark, and other intellectual property laws.

8. User Content

You retain ownership of content you upload to the Service. By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and analyze that content to provide and improve the Service.

9. Account Termination

You may delete your account at any time through the app or by contacting us. When you request account deletion:

• A 30-day grace period begins during which you can cancel the deletion request
• During the grace period, you will not be able to access your account
• After 30 days, all your data will be permanently deleted, including photos, food logs, and account information
• Some information may be retained as required by law (e.g., payment records for tax purposes)

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or misuse the Service.

10. Referral Program

We may offer a referral program that allows you to invite friends to Calvin and earn rewards. If participating:

• Referral codes are for personal use only and may not be publicly posted or used for commercial purposes
• We reserve the right to void referral rewards obtained through fraud or violation of these terms
• Referral rewards and terms may change at any time

11. Limitation of Liability

To the maximum extent permitted by law, Calvin shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.

To the maximum extent permitted by law, Calvin's total aggregate liability arising out of or relating to these Terms or the Service, whether in contract, tort, or otherwise, shall not exceed the greater of (a) one hundred U.S. dollars ($100) or (b) the amount you paid Calvin in the twelve (12) months immediately preceding the event giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of the above limitations may not apply to you.

12. Modifications to Service

We reserve the right to modify or discontinue the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

13. Changes to Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on this page and updating the "Last updated" date.

14. Governing Law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to the arbitration provision below, you and Calvin agree that the state and federal courts located in Los Angeles County, California shall have exclusive jurisdiction over any matter not subject to arbitration, and you consent to personal jurisdiction in those courts.

15. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Informal Resolution First

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@calvin.vip. We will attempt to resolve the dispute by contacting you. If a dispute is not resolved within 60 days, either party may initiate arbitration.

Binding Arbitration

Except for disputes that qualify for small claims court, you and Calvin agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration will be conducted in Los Angeles, California, or by video or telephone, at your election. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Class Action Waiver

You and Calvin agree that any dispute will be brought in an individual capacity only, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

30-Day Right to Opt Out

You may opt out of this arbitration agreement by sending written notice to legal@calvin.vip within 30 days of first accepting these Terms. Your notice must include your name, the email associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

Exceptions

Either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in court for infringement or misuse of intellectual property rights.

16. Apple App Store Additional Terms

The following terms apply if you obtained the Calvin iOS app through the Apple App Store. In the event of any conflict between this section and the rest of these Terms with respect to the iOS app, this section controls.

Acknowledgment

These Terms are between you and Calvin only, not Apple Inc. Apple is not responsible for the iOS app or its content.

Scope of License

The license granted to you for the iOS app is limited to a non-transferable license to use the app on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

Maintenance and Support

Calvin is solely responsible for providing any maintenance and support services for the iOS app. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app.

Warranty

Calvin is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the iOS app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Calvin's sole responsibility.

Product Claims

Calvin, not Apple, is responsible for addressing any claims by you or any third party relating to the iOS app or your possession or use of the app, including but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation.

Intellectual Property Rights

In the event of any third-party claim that the iOS app or your possession and use of it infringes that third party's intellectual property rights, Calvin, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Legal Compliance

You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-Party Beneficiary

You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms with respect to the iOS app, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

17. Contact Us

If you have any questions about these Terms, please contact us at legal@calvin.vip.