CaloPal Terms of Service

Welcome to CaloPal. These Terms of Service ("Terms") govern your use of the CaloPal mobile application and website (collectively, the "Service") provided by CaloPal, Inc. ("CaloPal", "we", "us", or "our"). By using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

Please read this agreement carefully, and check these terms and conditions regularly for any changes.

1. User Eligibility and Account Management

1.1 Age and Legal Requirements

Age Requirement: You must be at least 16 years old to use CaloPal services. The Service is not directed at Users under the age of 16. If You are under the age of 16, You are not permitted to register as a User or use the Service.

Legal Notice: By using the CaloPal services, you agree to comply with all applicable laws, regulations, and statutes. You warrant that you will not use the services for any illegal activities, and you will not infringe upon the rights of any third parties.

1.2 Account Registration and Maintenance

Registration Declaration: If you register as a User, you represent and warrant to CaloPal that: (i) you are of legal age to form a binding contract; (ii) you will provide CaloPal with accurate, current and complete registration information; and (iii) your registration and your use of the Service is not prohibited by law.

Account Information: You may need to create a CaloPal account to access the Services, and it's important that you keep your account accurate and up-to-date.If you suspect that your account has been used without authorization, you should notify us immediately.

When you create an account for any of our Services, you must provide us with accurate and complete information as prompted by the account creation and registration process, and keep that information up to date. Otherwise, some of our Services may not operate correctly, and we may not be able to contact you with important notices.

Account Security: You are responsible for maintaining the confidentiality of any and all actions that take place while using your account. We are not responsible for any loss that results from unauthorized use of your username and password.

2. Service Monitoring and Account Management

2.1 Service Monitoring Rights

We reserve the right to refuse to provide the Services to anyone, and can monitor, terminate or suspend your account or access to the Services at any time.

We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Services, as well as any user's use of or access to Personal Data, and profiles of other users.

2.2 Account Suspension and Termination

We may also deactivate, terminate or suspend your account or access to certain Services at any time: (1) if we, in our sole discretion, determine you are or have been in violation of these Terms or the spirit thereof, (2) if we, in our sole discretion, determine you have created risk or possible legal exposure for CaloPal, the general public, any third party, or any user of our Services, (3) in response to requests by law enforcement or other government agencies, (4) upon discontinuation or material modification of any Services, or (5) due to unexpected technical issues or problems. We will endeavor to notify you by email or the next time you attempt to access your account after any such deactivation, termination or suspension.

3. Health Disclaimer and Service Limitations

3.1 Non-Medical Nature of Service

CaloPal is intended to promote healthy habits and is not for medical use, and its recommendations do not constitute medical advice. CaloPal does not provide medical diagnosis, or treatment.

3.2 User Responsibility and Medical Consultation

You should consult with your healthcare provider(s) and consider the associated risks before using our Services in connection with any fitness or wellness regimen-oriented Content or any dietary program-oriented Content ("Programs"). By using our Services, you agree, represent and warrant that you have received consent from your physician to participate in the Programs, or any of the related activities made available to you in connection with the Services. Further, you agree, represent and warrant that you have consulted with your physician before making any dietary changes based upon information available through the Services. Everyone's condition and abilities are different, and participating in the Programs and other activities promoted by our Services is at your own risk. If you choose to participate in the Programs and these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. The Programs and other activities promoted by the Services may pose risks even to those who are currently in good health.

You expressly agree that your athletic activities carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities.

We are not responsible or liable, either directly or indirectly, for any injury, illness, or damages sustained from your use of, or inability to use, any Services or features of the Services, including any Content or activities you access or learn about through our Services even if caused in whole or part by the action, inaction or negligence of CaloPal or others.

3.3 Calorie Estimation Accuracy

CaloPal-powered calorie estimates are designed to provide general guidance to support your wellness journey. While we strive for accuracy, please be aware that these estimations may not always perfectly reflect the actual caloric content. If you notice any significant discrepancies or if an estimate seems off, you can manually adjust the values to better suit your needs.You acknowledge and agree that CaloPal is not responsible or liable for any inaccuracy in such data.

3.4 Non-Typical Nature of Success Stories

Any success stories posted by users or CaloPal on the platform may not represent typical or expected results. You should be aware that individual physiology and other uncontrollable factors may lead to different outcomes. Therefore, CaloPal does not take responsibility for the accuracy, reliability, or effectiveness of user success stories.

3.5 Acknowledgement of Risk

Users acknowledge that diet and exercise activities involve potential risks, including physical injury or other health issues. Before starting or modifying any diet or exercise plan, users should consult a licensed healthcare professional and follow their advice.

4. Prohibited Conduct and User Responsibilities

4.1 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

Use the Service for any illegal purpose or in violation of any local, state, national, or international law
Harass, threaten, or defraud other users
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
Interfere with or disrupt the operation of the Service
Attempt to gain unauthorized access to the Service or its related systems or networks
Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service

5. Intellectual Property Rights

The Service and its original content (excluding User Content), features and functionality are and will remain the exclusive property of CaloPal and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of CaloPal.

6. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy, available at Privacy Policy, explains how we collect, use, and disclose information about you. By using the Service, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

7. Subscription and Payment Terms

7.1 Paid Services

Certain features of the service may require a paid subscription. By subscribing to the paid services, you agree to pay the applicable fees at the agreed time. Please note that all fees will be settled in local currency and may vary due to exchange rate fluctuations. If you purchase any premium services, whether one-time or subscription-based, you will be responsible for paying the applicable fees and any related taxes (excluding taxes on CaloPal's revenue). CaloPal reserves the right to change its fees at any time by posting a written notice on the service.

7.2 Payment Processing

Billing: Payments are processed through third-party payment processors, such as credit cards or other approved payment methods. Payment processing is subject to the terms, conditions, and privacy policies of these third-party processors. CaloPal does not store or retain your payment details, so you need not worry about data breaches. You authorize CaloPal to charge the applicable fees to the payment card you submit and agree that CaloPal and any affiliates may store your payment card information. It is your responsibility to ensure that your payment information is accurate and updated in a timely manner to avoid service interruptions.

7.3 Subscription Renewal

Auto-renewal: Your subscription will automatically renew at the end of the current subscription period unless you cancel at least 24 hours before the renewal date. You authorize us to charge your payment method for the renewal period, which will be the same length as your initial subscription period unless otherwise disclosed at the time of purchase. The renewal rate will not exceed the rate of the prior subscription period (excluding any promotional or discount pricing), unless we notify you of a price change before automatic renewal. The system will charge the renewal price based on the payment method stored in your account at the time of renewal. You can manage your subscription and auto-renewal preferences anytime through your account settings, ensuring you can flexibly adjust your subscription plan as needed.

7.4 Free Trials

We sometimes offer free trials of our Premium Services or other promotional offers (each a “Free Trial”). A Free Trial provides you access to the Premium Services for a period of time, with details specified when you sign up for the offer.
In order to sign up for a Free Trial, you may need to provide us with your preferred Payment Method. As soon as you submit your payment details, your Free Trial will begin. You will not be charged until the Free Trial period ends.
Unless you cancel before the end of the Free Trial, or unless otherwise stated, your access to the Premium Service will automatically continue and you will be billed the applicable fees for that Premium Service using the Payment Method you provided. All incurred charges are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Premium Service. We may send you a reminder when your Free Trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the Free Trial will end if you decide you do not want to become a paying Premium Services user after the Free Trial period.
If you decide you do not want to become a paying Premium Services user, you must cancel your subscription before the end of the Free Trial period. Depending on the applicable Premium Service, you may lose access as soon as you cancel or at the end of the Free Trial period. Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even if it was not used for the entire duration of the offer.
Premium Service features and content may change at any time, and we cannot guarantee any specific feature or content will be available for the entire Free Trial period. The rates in effect when you sign up for the Free Trial will be the same when the Free Trial ends, unless we notify you otherwise. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial offer, your access to the Premium Services during the Free Trial, or any of these terms without notice and with no liability. You may not sign up for more than one Free Trial of a given Premium Service at the same time, and we reserve the right to limit your ability to take advantage of multiple Free Trials.

7.5 Fee Changes

CaloPal reserves the right to change the fees for subscription options at any time. Any price changes will take effect at the end of the current subscription cycle or upon renewal, and users will be notified accordingly. Users will continue to pay the existing fees until the new fees take effect. If your payment card issuer or bank does not honor the charge for your payment, you will be directly responsible for any unpaid amounts.

7.6 Refund Policy

Refunds: Unless otherwise required by law, all subscription fees paid are non-refundable. If you cancel your subscription, you will continue to have access to the paid services until the end of the current billing cycle, after which your subscription will downgrade to the free version.

7.7 Termination or Cancellation of Subscription Services

You may terminate your membership at any time, in which case your membership will remain active for the duration of the subscription period you have already paid for. If you subscribed to Calopal through in-app purchases via the App Store, Google Play Store, or any other such service provider, you must cancel your subscription through their services.

8. No Warranties

Except where prohibited by law, CaloPal expressly disclaims all warranties, representations and guarantees of any kind, whether oral or written, express, implied, statutory or otherwise, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement to the fullest extent permissible under the law. The services and all content are provided on an "as is" and "as available" with all faults basis.. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements or provide specific results, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to any Content; User-Generated Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

9. Limitation of Liability

We are building the best Services we can for you but we can't promise they will be perfect. We're not liable for various things that could go wrong as a result of your use of the Services.

To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall CaloPal, its subsidiaries, partners or any wireless carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or Content of any third party or user of the Services, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any Third-Party Content or Third-party Products accessed or used via the Services.

In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Services, (b) the use, disclosure, display, or maintenance of a user's Personal Data, (c) any other interactions with us or any other users of the Services, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through or advertised on the Services or received through any links provided with the Services.

10. Indemnification

You agree to defend, indemnify and hold harmless CaloPal and its employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

11. Modifications to Terms of Service

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the New York and controlling U.S. federal law as applicable, without regard to its conflict of law principles.

13. Disputes and Arbitration, Class Action Waiver, Jurisdiction and Venue

If you have any concerns or disputes regarding the services, you agree to first attempt to resolve the dispute informally by contacting CaloPal.

Arbitration Agreement

You and CaloPal agree to submit any and all disputes arising from the use of the services (hereinafter referred to as "disputes") to binding arbitration. To the maximum extent permitted by applicable law, you and CaloPal agree that any disputes arising from the use of the services will be resolved by binding arbitration in accordance with the Federal Arbitration Act (Title 9 of the U.S. Code). The arbitration will take place in New York City and will be governed by the laws of the State of New York, with specific terms adjusted according to the nature of the services.

Arbitration will be conducted in English, and all proceedings will follow the rules of the American Arbitration Association. The decision of the arbitrator will be made by a neutral arbitrator and may be registered in any court of competent jurisdiction.

You and CaloPal agree to adhere to the following rules to simplify the dispute resolution process and reduce costs:

Arbitration may be conducted via phone, online, or written submission, at the discretion of the party initiating the arbitration;
The arbitrator will make a decision within 120 days, and all proceedings will be closed to the public and kept confidential.

14. Contact Information

If you have any questions about these Terms, please contact us at [email protected].

By using CaloPal, you agree to these Terms of Service. If you do not agree to these Terms, please do not use our Service.