Last updated: January 27, 2025
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 13. The Company does not permit those under 13 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Subject to these Terms, the Company grants You a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes in accordance with these Terms.
You agree not to:
When You create an account with Us, You must provide information that is accurate, complete, and current at all times. You are responsible for safeguarding the password and for keeping Your account information current.
You are responsible for all activities that occur under Your account and You agree to immediately notify Us of any unauthorized use of Your account.
Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis.
The Company may offer a Subscription with a free trial for a limited period of time. You may be required to enter Your billing information in order to sign up for the free trial.
If You do enter Your billing information when signing up for a free trial, You will not be charged by the Company until the free trial has expired. On the last day of the free trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees.
Except when required by law, paid Subscription fees are non-refundable. Under certain circumstances and at the sole discretion of the Company, the Company may issue refunds.
Important: KCal AI is designed to help You track nutrition and fitness information. The Service is not intended to diagnose, treat, cure, or prevent any disease or medical condition.
The information provided by the Service, including but not limited to calorie counts, nutritional information, and fitness recommendations, is for informational purposes only and should not be considered medical advice.
Always consult with a qualified healthcare professional before making any changes to Your diet, exercise routine, or health regimen. The Company is not responsible for any health issues that may arise from Your use of the Service.
Our Service may allow You to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material. You are responsible for the content that You post to the Service, including its legality, reliability, and appropriateness.
By posting content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Service.
You may not post content that:
The Service and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without Our prior written consent.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company, including but not limited to:
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Your privacy is important to Us. Please review Our Privacy Policy, which also governs Your use of the Service, to understand Our practices.
By using the Service, You consent to the collection, use, and sharing of Your information as described in Our Privacy Policy.
We may terminate or suspend Your account and bar access to the Service immediately, without prior notice or liability, under Our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If You wish to terminate Your account, You may simply discontinue using the Service or contact Us to request account deletion.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your account, You may simply discontinue using the Service.
The information on this Service is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
Nothing on this Service constitutes, or is meant to constitute, advice of any kind. If You require advice in relation to any legal, financial, or medical matter You should consult an appropriate professional.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or $100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
The laws of the United States, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration rather than in court, except that You may assert claims in small claims court if Your claims qualify.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to 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.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
Email: support@kcal-ai.com
Website: https://kcal-ai.com
By using KCal AI, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.