Terms of Service

These Terms of Service ("Terms") govern your access to and use of Calorie, including our website, application, account features, AI features, AI credits, and related services (collectively, the "Service"). The Service is operated by INCOGNITO INNOVATIONS LTD, a company registered in the United Kingdom with its registered office at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ ("Calorie," "we," "us," or "our").

By accessing or using the Service, creating an account, using AI features, or purchasing AI credits, you agree to these Terms and to any policies referenced in them, including our Privacy Policy and Refund Policy. If you do not agree, do not use the Service.

If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.

You must be at least 13 years old to use the Service. If the law where you live requires a higher age to use online services or consent to data processing, you must meet that higher age requirement.

The core nutrition tracker may be used without paid AI credits. An account is required to use AI features and to manage paid AI credits. When you create an account, you must provide accurate information, keep your login credentials secure, and promptly update information that becomes inaccurate.

You are responsible for all activity under your account unless the activity results from our failure to use reasonable security measures. Notify us promptly if you believe your account has been compromised.

Calorie is designed as a local-first product. Meal logs, nutrition history, images, macro targets, preferences, and related tracking data are stored locally on your device by default and are not collected or stored by us unless you choose to use a feature that expressly requires transmission, such as an AI action, account authentication, support request, or payment flow.

You are responsible for maintaining your own device, browser, operating system, backups, and access credentials. We are not responsible for loss of local data caused by device loss, app deletion, browser storage clearing, operating system settings, user action, or third-party software.

AI features are optional paid or credit-based actions that may estimate meal contents, calories, macronutrients, portions, nutrition patterns, and related suggestions. AI credits may be used for any AI action made available in the Service unless stated otherwise at purchase or in the product interface.

When you choose to use an AI feature, the content you submit for that action, such as meal images, food descriptions, nutrition context, and prompts ("AI Input"), is transmitted to a third-party AI service provider configured for zero data retention ("ZDR") solely to generate the requested response. We do not collect or store AI Input or AI-generated responses on our servers.

AI-generated responses ("AI Output") are probabilistic estimates and may be inaccurate, incomplete, delayed, or unsuitable for your circumstances. You are responsible for reviewing, correcting, and deciding whether to rely on any AI Output.

The Service is provided for general informational and tracking purposes only. It is not medical advice, nutritionist advice, dietetic advice, diagnosis, treatment, or a substitute for advice from a qualified healthcare professional.

Do not use the Service to diagnose, treat, prevent, or manage a medical condition, eating disorder, allergy, pregnancy-related need, medication interaction, or other health concern. Always consult a qualified clinician, dietitian, or other appropriate professional before making health, nutrition, weight-management, or fitness decisions.

If you have a medical emergency, call your local emergency number immediately.

The core tracker is free. AI credits are optional consumable digital credits that can be purchased separately and used for AI actions. Credit packs currently include $1, $5, and $10 options with the credit quantities shown on the Pricing page or at checkout.

Credits are not cash, stored value, gift cards, or electronic money. Credits are personal to your account, non-transferable, and have no cash value except where required by applicable law. We may refuse, suspend, or reverse credits obtained through fraud, abuse, chargeback misuse, payment failure, or violation of these Terms.

Unless stated at purchase, credits do not expire. We may change future credit pack pricing, quantities, feature availability, or credit usage rates, but changes will not reduce credits already purchased except where necessary to address legal, security, fraud, or service-integrity issues.

Payments are processed by Paddle, which may act as merchant of record, reseller, payment processor, or independent controller for payment-related data depending on your location and the transaction flow. Paddle's terms, checkout notices, tax handling, and payment rules may apply to your purchase.

Prices may be shown in different currencies and may include or exclude taxes depending on your region and the checkout flow. You are responsible for providing accurate billing and tax information.

Refunds are handled according to our Refund Policy and any non-waivable rights you have under applicable consumer protection law. Credits consumed for AI actions are generally not refundable because the digital service has already been provided.

You retain ownership of meal logs, images, text, prompts, nutrition context, and other content you submit to or create in the Service ("User Content").

You grant us a limited, non-exclusive, worldwide, royalty-free licence to process User Content only as necessary to provide, secure, troubleshoot, and support the Service, including transmitting AI Input to our ZDR-configured AI provider when you request an AI action.

You represent that you have all rights necessary to submit User Content and that your User Content does not violate law, infringe third-party rights, or include content you are not permitted to process through the Service.

We and our licensors own all rights, title, and interest in the Service, including software, design, branding, text, graphics, interfaces, workflows, and other materials, excluding User Content.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to use the Service for your personal or internal business purposes. No rights are granted except as expressly stated in these Terms.

You must not misuse the Service. This includes attempting to access accounts or systems without authorization; bypassing usage limits, payment requirements, or security measures; reverse engineering protected parts of the Service except where law permits; scraping or bulk extracting data; transmitting malware; interfering with service operations; or using the Service for unlawful, harmful, deceptive, abusive, or infringing purposes.

You must not submit AI Input or other User Content that is illegal, invasive of privacy, exploitative, infringing, or that you are not authorized to submit. You must not use the Service to make automated decisions with legal, medical, insurance, employment, credit, or similarly significant effects.

We may suspend or terminate access, remove or restrict features, or refuse transactions where reasonably necessary to protect users, the Service, payment integrity, security, legal compliance, or our rights.

The Service depends on third-party providers, including payment, authentication, hosting, support, and AI service providers. Third-party services may be subject to their own terms, privacy notices, and availability limits.

We are not responsible for third-party services except to the extent required by applicable law, but we choose providers intended to support the Service's local-first and privacy-conscious design.

We may add, change, suspend, or discontinue parts of the Service from time to time, including AI features, credit usage rates, supported platforms, and pricing for future purchases. We will not materially reduce your rights in already-purchased unused credits without a valid reason, such as legal compliance, fraud prevention, security, or service integrity.

We may update these Terms from time to time. If changes are material, we will provide reasonable notice through the Service, by email, or by another appropriate method. Updated Terms become effective when posted unless a later effective date is stated. Continued use of the Service after the effective date means you accept the updated Terms.

You may stop using the Service at any time. You may request account deletion by contacting us, subject to retention needed for legal, tax, accounting, fraud-prevention, dispute-resolution, and enforcement purposes.

We may suspend or terminate your access if you materially breach these Terms, create legal or security risk, misuse payments or credits, or if we are required to do so by law. On termination, your right to use the Service ends immediately, but provisions that by their nature should survive will continue to apply.

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, conditions, and representations, whether express, implied, statutory, or otherwise, including implied warranties of accuracy, fitness for a particular purpose, non-infringement, availability, and uninterrupted or error-free operation.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or your non-waivable consumer rights.

To the fullest extent permitted by law, we will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunity, even if we were advised that such losses were possible.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of the amount you paid to us for AI credits in the 12 months before the event giving rise to the claim or GBP 100.

The limitations in this section apply regardless of the legal theory, whether contract, tort, negligence, strict liability, statute, or otherwise.

These Terms and any dispute or claim arising out of or in connection with them or the Service are governed by the laws of England and Wales, without regard to conflict-of-law rules.

The courts of England and Wales will have exclusive jurisdiction, except that if you are a consumer resident in a country whose laws require disputes to be heard in your local courts or provide mandatory consumer protections, those mandatory rights are not limited by this section.

Questions about these Terms can be sent to INCOGNITO INNOVATIONS LTD at privacy@hmr.sh or by post at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ.