Terms of Service

By accessing or using Chat Calories (the "Service"), available at chatcalories.com and associated mobile applications, you ("User," "you," or "your") agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, and our Medical Disclaimer, all of which are incorporated herein by reference.

If you do not agree to these Terms in their entirety, you must immediately cease all use of the Service. Your continued use of the Service following any modification to these Terms constitutes your acceptance of the revised Terms.

You represent that you are at least 18 years of age, or if between 13 and 17, that you have obtained verifiable parental or guardian consent. The Service is not directed to children under 13 years of age, and we do not knowingly collect personal information from children under 13.

Chat Calories is an AI-powered nutritional information and calorie tracking application that uses artificial intelligence to provide general dietary information, food calorie estimates, and wellness guidance. The Service includes:

• AI-generated nutritional estimates and dietary guidance
• Food photo analysis using computer vision technology
• Calorie and macronutrient tracking tools
• Activity and sleep monitoring features
• Diet plan information and general wellness content
• Email and notification summaries of tracked data

The Service does not replace professional medical advice. Always seek the advice of a qualified physician, registered dietitian, nutritionist, or other licensed healthcare professional with any questions you may have regarding a medical condition, dietary needs, eating disorders, or health concerns.

Never disregard professional medical advice or delay seeking it because of something you have read or received through the Service. If you think you may have a medical emergency, call your doctor or emergency services immediately.

Calorie estimates, nutritional information, and dietary recommendations provided by the AI are estimates only and may be inaccurate. Individual nutritional needs vary significantly based on medical history, medications, metabolic conditions, and other factors that the Service cannot assess.

The Service is not appropriate for individuals with eating disorders, serious medical conditions, pregnancy, or those requiring medically supervised dietary programs. If you have any such condition, consult your healthcare provider before using this Service.

The Service uses artificial intelligence, including large language models and computer vision, to generate responses and analyze food images. You acknowledge and agree that:

• AI-generated content may be inaccurate, incomplete, outdated, or inappropriate for your specific situation
• Calorie and nutritional estimates from food photos are approximations and may vary significantly from actual values
• AI responses do not constitute professional dietary, medical, or health advice
• The AI may occasionally produce errors, hallucinations, or factually incorrect information
• You should independently verify any nutritional information before making health decisions
• The AI is designed to discuss only nutrition and health topics; any off-topic responses are unintended

To access certain features of the Service, you may be required to create an account. You agree to:

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

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including violation of these Terms.

Chat Calories may offer free and paid subscription tiers. Free tier users may be subject to usage limitations including daily message limits and trial periods. Paid subscriptions ("Premium") provide expanded access to the Service.

Billing: Paid subscriptions are billed on a recurring basis (monthly or annually) until cancelled. By subscribing, you authorize us to charge your payment method on a recurring basis.

Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods except where required by applicable law.

Price Changes: We reserve the right to change subscription prices with 30 days' notice. Continued use after the price change constitutes acceptance of the new pricing.

Refund Policy: All purchases are final and non-refundable except where required by applicable consumer protection law. If you believe you are entitled to a refund, contact us at [email protected] within 14 days of the charge.

You agree NOT to use the Service to:

• Violate any applicable local, state, national, or international law or regulation
• Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Attempt to gain unauthorized access to any portion of the Service or its related systems
• Use automated scripts, bots, scrapers, or other tools to access the Service without our express written permission
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
• Interfere with or disrupt the integrity or performance of the Service
• Collect or harvest personal information of other users without their consent
• Use the Service for any commercial purpose without our prior written consent
• Upload content that infringes any third party's intellectual property rights

By uploading photos or other content to the Service ("User Content"), you grant Chat Calories a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, process, and analyze such content solely for the purpose of providing the Service to you.

You represent and warrant that: (i) you own or have the necessary rights to the User Content; (ii) the User Content does not violate any third party's rights; and (iii) the User Content complies with these Terms.

Food photos uploaded for analysis are processed by AI and are not permanently stored beyond what is necessary to provide the Service. We do not use your food photos to train AI models without your explicit consent.

The Service and its original content, features, and functionality are owned by Chat Calories and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes. This license does not include the right to: (a) sell or resell the Service; (b) collect and use any product listings or descriptions; (c) make any derivative use of the Service; or (d) use data mining, robots, or similar data gathering tools.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

We implement industry-standard security measures to protect your personal data. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

The Service may collect and process health-related information including body metrics, dietary habits, activity levels, and sleep patterns ("Health Data"). You acknowledge that:

• Health Data is sensitive and you provide it voluntarily
• We process Health Data solely to provide and improve the Service
• We do not sell your Health Data to third parties
• You may request deletion of your Health Data at any time
• The accuracy of the Service depends on the accuracy of the Health Data you provide

The Service integrates with third-party services including AI providers (Google Gemini), payment processors (Stripe), and analytics services. 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 third-party services.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CHAT CALORIES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
• WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• WARRANTIES REGARDING THE ACCURACY OF CALORIE ESTIMATES OR NUTRITIONAL INFORMATION
• WARRANTIES THAT THE SERVICE IS APPROPRIATE FOR YOUR SPECIFIC HEALTH CONDITION

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL CHAT CALORIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR:

• Any indirect, incidental, special, exemplary, consequential, or punitive damages
• Loss of profits, revenue, data, goodwill, or other intangible losses
• Damages resulting from reliance on AI-generated nutritional advice
• Damages resulting from health decisions made based on the Service
• Damages resulting from unauthorized access to or alteration of your data
• Any matter beyond our reasonable control

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) USD $100.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold harmless Chat Calories, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service
• Your User Content
• Your violation of any third party's rights
• Any health decisions you make based on the Service

Informal Resolution: Before initiating any formal dispute, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration: If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.

Class Action Waiver: YOU AND CHAT CALORIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions: Either party may seek emergency injunctive relief in court to prevent irreparable harm. Claims for intellectual property infringement may be brought in court.

Governing Law: These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law provisions.

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

You may terminate your account at any time by contacting us at [email protected]. Upon termination, we will delete your personal data in accordance with our Privacy Policy, subject to legal retention requirements.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the new Terms on this page and updating the "Effective Date." For significant changes, we may also notify you via email or in-app notification.

Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

These Terms, together with our Privacy Policy and Medical Disclaimer, constitute the entire agreement between you and Chat Calories regarding the Service and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written.

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