Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") form a legally binding agreement between you ("User") and Dima Labs Inc ("Operator", "we", "us"), a corporation incorporated in the Province of Ontario, Canada, regarding your use of the Caloroo service (the "Service"). By creating an account or using the Service you agree to these Terms.

2. Service Description

Caloroo is an online calorie and nutrition tracking platform. Features include food logging, barcode and photo-based entry, personal goals and body metrics, and group-based sharing with role-based permissions. Features, content, and availability may change over time.

3. Account Registration and Security

You must provide accurate information when registering and keep credentials confidential. You are responsible for all activity under your account. The Operator may suspend an account for violations of these Terms or suspected compromise.

4. Pricing and Payment

The Service may be offered in free and paid tiers. Where payment is required, payments are processed through a third-party payment processor subject to their own terms. Billing occurs in advance on a recurring basis for subscription plans. Non-payment may result in downgrade to the free tier or suspension of paid features.

5. Acceptable Use

The Service is intended for individuals aged 18 and over and for organizations. You agree to comply with all applicable laws, to maintain a valid lawful basis for any personal data you process through the Service, and to respect the rights of third parties.

6. Prohibited Activities

• Using the Service for any unlawful purpose.
• Distributing malware or attempting unauthorized access to accounts, data, or systems.
• Infringing intellectual property rights or sending spam.
• Creating fraudulent entries or misrepresenting data.
• Reselling the Service without authorization or developing a competing product using it.
• Scraping, reverse engineering, or otherwise disrupting the infrastructure of the Service.

7. Health Disclaimer

Caloroo is an informational tool and is not a medical device or medical advice. Nutrition values, calorie estimates, and any suggestions the Service produces are approximate and may be incomplete or inaccurate. Do not rely on the Service to diagnose, treat, cure, or prevent any condition. Consult a qualified healthcare professional before making decisions about diet, training, or medical treatment, especially if you have an eating disorder, are pregnant, nursing, or have any health condition.

8. Intellectual Property

All intellectual property rights in the Service belong to Dima Labs Inc or its licensors. Users receive a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. The license terminates automatically on violation.

9. User Content

You retain ownership of the food logs and other content you enter. You grant the Operator a non-exclusive license to host, store, and process that content solely to operate the Service. You are responsible for the legality and appropriateness of your content.

10. Third-Party Services

The Service may integrate with third-party services including payment processors, analytics providers, and vision providers (OpenAI or Google) used to read nutrition-label photos you scan. The Operator is not responsible for the operation, availability, security, or suitability of third-party services. See the Privacy Policy for how data is handled.

11. Service Availability

The Operator uses commercially reasonable efforts to maintain availability of the Service. The Operator is not liable for any temporary unavailability of the Service unless caused by the Operator's gross negligence or willful misconduct.

12. Disclaimer of Warranties and Limitation of Liability

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement, to the maximum extent permitted by law. To the fullest extent permitted by law, the Operator's aggregate liability to paid Users is capped at 100% of the fees paid in the month preceding the event giving rise to liability. For free Users the Operator accepts no monetary liability. In no event shall the Operator be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of data, revenue, or profits, except where such exclusion is prohibited by applicable law.

13. Indemnification

You agree to indemnify and hold the Operator harmless from any claims, damages, liabilities, and expenses arising from your violation of these Terms, your infringement of third-party rights, or your violation of applicable law in connection with the Service.

14. Termination

You may permanently delete your account and all associated data at any time from the app settings; deletion is immediate and cannot be undone. The Operator may suspend or terminate access for violations of these Terms or for non-payment. Data deletion following termination is handled in accordance with the Privacy Policy.

15. Force Majeure

Neither party is liable for failure or delay caused by circumstances beyond its reasonable control, including natural disasters, war, epidemics, governmental actions, or infrastructure failures.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Any disputes shall be submitted to the exclusive jurisdiction of the courts located in Toronto, Ontario. BY USING THE SERVICE, THE USER WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST THE OPERATOR, except where such waiver is prohibited by applicable law.

17. Changes to These Terms

The Operator may modify these Terms with 30 days' notice. Continued use of the Service after changes take effect constitutes acceptance; if you disagree you may terminate your account.

18. Contact Information

Questions about these Terms? [email protected]