Caloloop Terms of Service and Use — draft for legal review

Not ready for publication. Replace the bracketed information and have qualified counsel review the terms for each market before release. These Terms of Service and Use are one agreement; a separate “terms of use” document is not necessary unless counsel recommends one.

Effective date: [date]
Operator: [full legal name], [business address]
Contact: [support email or contact URL]

1. About these terms

These terms govern your use of the Caloloop app and related services (the “Service”), provided by the operator named above (“we,” “us,” or “our”). By creating an account or using the Service, you agree to these terms where permitted by law. If you do not agree, do not use the Service. Our Privacy Policy explains how we handle personal data; any required privacy or health-data consent is requested separately and is not obtained merely by accepting these terms.

2. Eligibility and accounts

You must be at least [minimum age and applicable age conditions, to be decided] and able to agree to these terms under applicable law. If a parent or guardian must consent, that consent must be obtained through the process we provide. The Service is designed for [intended audience and territories].

Provide accurate account information, keep your login credentials private, and tell us promptly if you suspect unauthorized access. You are responsible for activity under your account to the extent permitted by law; this does not excuse our own responsibilities. Do not share an account in a way that misrepresents identity or exposes another person's information. You may sign in using supported third-party providers, whose terms also apply.

3. Wellness information, not medical care

Caloloop is intended as a general nutrition and wellness tracking tool. It is not intended to provide medical services, diagnosis, treatment, or a substitute for individualized advice from a qualified healthcare professional. Nothing in the Service establishes a clinician–patient relationship or guarantees any health, fitness, or weight outcome. Consult a qualified professional before changing your diet or activity, especially if you are pregnant or breastfeeding, under 18, have an eating disorder or a history of one, take medication, have allergies or a medical condition, or have other individual needs. Do not disregard professional advice or delay care because of the Service. For an emergency, contact local emergency services.

Calories, nutrients, activity expenditure, hydration suggestions, body mass index (BMI), goals, meal plans, and progress projections are estimates, not measurements of your actual needs or outcomes. They depend on the information entered, assumptions, databases and methods, and can be incomplete, outdated, or wrong. Food, portions, composition, preparation, and individual metabolism vary. BMI is a screening measure with limitations and does not diagnose health. Do not use an estimate as a clinical target without professional advice.

Food images, barcodes and other information may be analyzed using automated tools, including third-party AI. Results can misidentify foods, ingredients, quantities and allergens or omit important information. Always check packaging and ingredient labels and consult reliable sources; do not rely on the Service to prevent an allergic reaction or make a safety-critical decision. You may correct entries where the feature allows it.

4. Sources and methods

The Service uses nutrition data from sources that may include the U.S. Department of Agriculture's FoodData Central and Open Food Facts, together with other catalog data and user-provided entries. Source coverage and accuracy vary. Inclusion does not imply endorsement by those organizations.

Energy estimates may use an approach based in part on the Mifflin–St Jeor resting-energy equation, together with activity information, user-entered goals and records, and additional product assumptions. The original equation was developed for groups of healthy adults; the Service's adaptations and estimates are not individually validated and should not be interpreted as a measurement. BMI uses weight and height as a general screening measure; see the World Health Organization's explanation. Nutrient and meal targets can include general default values and application-specific assumptions; they are not represented as personally prescribed dietary reference values. Methods, data sources and features may change over time.

5. Acceptable use

Use the Service lawfully and only for authorized purposes. You must not:

• access another person's account or data without authorization; impersonate others; harass, threaten or harm others;
• upload unlawful content, malicious code, or content you lack the right to use; include another person's sensitive data without a lawful basis and permission;
• interfere with the Service, probe or circumvent security or access limits, automate abusive requests, scrape in violation of applicable law or terms, or attempt to disrupt systems;
• resell, sublicense, copy, or exploit the Service or its content beyond the limited permission granted here, except where applicable law permits; or
• use the Service to make unsafe medical decisions, facilitate fraud, or generate misleading health claims.

Security research and other activity that cannot lawfully be prohibited remain subject to applicable law. We may investigate suspected abuse and impose proportionate restrictions as described below.

6. Your content and our intellectual property

You retain rights you have in information and content you submit. You grant us a non-exclusive, worldwide license to host, process, reproduce, and display that content as reasonably necessary to operate, secure and improve the Service and fulfill your requests, subject to the Privacy Policy and applicable law. You represent that you have the rights needed to submit it. This license ends when the content is deleted, except to the extent retention is necessary for backups, legal obligations, resolving disputes or enforcing these terms. Your privacy rights are not reduced by this license.

The Service, its software, branding, design and original content belong to us or our licensors and are protected by applicable law. We grant you a limited, personal, revocable, non-exclusive, non-transferable right to use the Service in accordance with these terms, subject to rights that cannot legally be waived. Third-party materials are subject to their respective licenses and terms.

7. Premium subscriptions and payments

Paid features, prices, billing periods, applicable taxes and any trial terms are presented before purchase. If you subscribe through Apple or Google, the applicable store processes payment and its purchase, cancellation and refund rules apply, alongside any non-waivable legal rights. Subscriptions may renew automatically unless canceled before renewal as stated in the purchase flow. Manage or cancel through the store account used for the purchase; deleting the app or your Caloloop account does not necessarily cancel a store subscription. Refund requests should be directed to the applicable store or to us as required by law. Price changes will be communicated and applied as required by the relevant store and law. We may change or discontinue a feature subject to the terms of your purchase and applicable consumer rights.

8. Changes, suspension and termination

We may update the Service, including to improve safety, comply with law, or address operational or security issues. We may restrict or suspend access when reasonably necessary to investigate misuse, protect users or systems, or comply with law. Where practicable and legally permitted, we will give notice and an opportunity to address the issue; urgent threats may require immediate action. You may stop using the Service and request account deletion through [actual deletion method]. Deletion and retention are explained in the Privacy Policy. Provisions intended to survive termination, including liability and dispute provisions, survive as permitted by law.

We may update these terms. For material changes, we will provide advance notice where required and explain when they take effect. Where law requires agreement, we will obtain it. Your mandatory rights are not diminished by a change.

9. Warranties and liability

To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available,” without guarantees of uninterrupted availability, accuracy, or suitability for a particular purpose. We do not exclude or limit liability where doing so is prohibited, including any mandatory consumer rights and liability that cannot legally be excluded. You may have statutory rights that these terms do not change.

To the extent permitted by applicable law, neither party is liable to the other for indirect or consequential losses that were not reasonably foreseeable. Our total liability for claims arising from the Service is limited to [amount or formula for counsel to determine], except for liabilities that cannot legally be limited. Nothing in this section excludes liability for fraud, willful misconduct, or any other liability that applicable law prohibits us from limiting. Local law may impose different protections; those protections prevail.

10. Governing law and disputes

These terms are governed by [jurisdiction], without depriving you of mandatory consumer protections of your place of residence where applicable. Disputes may be brought before [courts / legally available forum], subject to any mandatory right to bring proceedings elsewhere. Contact us first at [support contact] so we can try to resolve your concern. Nothing prevents you from contacting a regulator or pursuing statutory remedies.

11. Contact

[Legal entity name]
[Postal address]
[Support contact]