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CaloPal Terms of Service

Last Updated: February 1, 2025

1. Introduction and Acceptance of Terms

Welcome to CaloPal (the "Service"). CaloPal is owned and operated by BRIGHTHINK INNOVATION LIMITED ("we"). By accessing or using our website, mobile application, and related services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, please do not use the Service.

Our services may use third-party platforms and services. For these integrations, we comply with the respective platform's terms and policies, including but not limited to Meta platform terms. Our Meta platform compliance statement outlines how we ensure compliance with these requirements and is available upon request.

2. Service Description and Age Limit

CaloPal offers diet tracking, nutrition analysis, and health management tools to help users monitor and improve their health.

Age Limit: This Service is not intended for users under the age of 16. If you are under 16, you may not use this Service.

3. Non-Medical Advice Disclaimer

Non-Medical Advice: All services and content provided by CaloPal are for informational purposes only and do not constitute medical advice. The information provided (including but not limited to calorie counts, nutritional facts, charts, and predictions) is believed to be accurate but should not replace professional medical advice, diagnosis, or treatment.

Health Condition Disclaimer: If you have serious health conditions (including but not limited to pregnancy, diabetes, hypertension, cancer, or heart disease), or have or have had eating disorders, you should consult your doctor or other licensed healthcare providers before using this Service. Please consult a licensed healthcare professional before starting any diet or exercise plan. You use our services at your own risk.

4. Account Registration and Security

You may need to create an account to access certain service features. You agree to:

  • Provide accurate, complete, and up-to-date account information;
  • Maintain the security of your account and keep your password confidential;
  • Be responsible for all activities under your account;
  • Notify us immediately if you become aware of any unauthorized use;
  • Ensure you log out securely at the end of each session.

We reserve the right to deny service, terminate accounts, remove content, or cancel orders at any time.

5. User Content and Behavior

User Content: You retain ownership of any content you create and submit to CaloPal. However, you grant CaloPal a non-exclusive, royalty-free, transferable global license to use, store, display, copy, modify, and distribute your content for the operation and improvement of the Service.

Code of Conduct: You agree not to:

  • Post defamatory, threatening, obscene, pornographic, or otherwise illegal content;
  • Promote dangerous weight-loss techniques or eating disorders;
  • Violate others' intellectual property rights;
  • Collect or obtain personal information of other users;
  • Use automated query systems to access the Service;
  • Impersonate others or CaloPal;
  • Attempt to disrupt the Service's operation or bypass security measures.

We reserve the right, but not the obligation, to monitor user content and may, at our discretion, remove content that violates these Terms.

6. Subscription and Payment

If you choose to subscribe to our premium services, the following terms apply:

Payment Terms: You agree to pay all applicable fees and taxes. We may change the fees at any time and will notify you of these changes via the Service or email.

Automatic Renewal: Your subscription will automatically renew unless you cancel. The renewal period will be the same as your initial subscription period. We will charge you at the prevailing rates, unless we notify you otherwise before the change takes effect.

Cancellation Policy: You may cancel your subscription at any time. Cancellation will take effect at the end of the current billing cycle, and you will retain access until the end of that cycle.

Refund Policy: All subscription fees are non-refundable unless due to our significant fault or legal requirement.

Fee Changes: CaloPal reserves the right to change subscription fees at any time. Any fee changes will take effect in the next subscription period or renewal.

7. Intellectual Property

CaloPal and its content, logos, designs, compilations, and related materials are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, create derivative works, publish, distribute, or commercially exploit this content without our express written permission.

You may use our Service for personal, non-commercial purposes but may not remove any copyright, trademark, or other proprietary notices.

8. Third-Party Platform Integrations

Our Service may integrate with third-party platforms such as Meta, Apple HealthKit, Google Fit, etc. Regarding Meta, we only use its SDK for advertising and conversion tracking, strictly adhering to Meta's terms, including prohibiting the use of platform data for discrimination, eligibility decisions, monitoring, data selling, or unauthorized user profiling. We only use these integrations within the scope authorized by you, and you can manage or disconnect them at any time in the app settings. We comply with each platform's specific terms and policies and ensure they are used for legal purposes only.

9. Data Security and Protection

We implement and maintain appropriate technical and organizational measures to protect your personal data from unauthorized processing:

  • Encrypting the transmission and storage of sensitive data;
  • Implementing multi-layer access control;
  • Conducting regular security testing and audits;
  • Providing employee data security training.

For data processed through third-party SDKs (such as Meta SDK), we implement additional protective measures, including data isolation, access control, encryption, and regular security audits to ensure such data is not misused or improperly handled.

In the event of a security incident affecting your personal data, we will notify you as per our Privacy Policy and applicable legal requirements.

10. Disclaimer and Limitation of Liability

Disclaimer: The Service is provided "as is" and "as available," with no express or implied warranties. To the maximum extent permitted by law, CaloPal does not guarantee the accuracy, reliability, security, or uninterrupted availability of the Service.

Limitation of Liability: To the maximum extent permitted by law, CaloPal and its affiliates are not liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from your use or inability to use the Service. The maximum liability of CaloPal shall be limited to: (1) the amount you have paid for the Service in the last 12 months; or (2) $500, whichever is greater.

11. Indemnification

You agree to indemnify and hold harmless CaloPal and its affiliates from any claims, losses, liabilities, damages, expenses, and costs (including reasonable attorney fees) arising from:

  • your breach of these Terms;
  • your use of the Service;
  • your infringement of any third-party rights.

12. Service Provider Management

We may use third-party service providers to assist in delivering our services. We only work with service providers that agree to:

  • Process user data only as instructed by us and solely for the requested service;
  • Implement data security measures equivalent to ours;
  • Immediately cease using and delete all user data when the service ends.

For service providers who may access data obtained through third-party platforms (such as Meta), we require them to sign additional compliance agreements to ensure their handling of this data complies with the relevant platform's terms and policies.

13. Amendments and Termination

We reserve the right to modify these Terms or the Service at any time. Significant changes will be notified to you via the Service or email. Continued use of the modified Service means you accept the modified Terms.

We may suspend or terminate your account or access to the Service without prior notice, particularly if you breach these Terms.

14. Dispute Resolution

In the event of a dispute, you agree to first attempt to resolve the issue through informal channels with us. If the issue cannot be resolved informally, the dispute will be resolved through a mainstream international arbitration body.

15. General Terms

Entire Agreement: These Terms constitute the complete agreement between you and CaloPal regarding the use of the Service.

Severability: If any part of these Terms is found to be invalid or unenforceable, the remaining parts will continue in effect.

Contact Information: For any questions or concerns, please contact us at: [email protected]