Terms of Use (EULA)

Effective Date: September 17, 2025

1. Acceptance of Terms

Welcome to Fitcalorie (the "App"). These Terms of Use (the "Terms") govern your access to and use of the App, our website, and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

2. Acknowledgment; Third-Party Beneficiary (Apple)

This End-User License Agreement (EULA) is between you and Fitcalorie. Fitcalorie is solely responsible for the App and its content, maintenance, and support, and for addressing any claims relating to the App. Apple is not responsible for the App or its content. You acknowledge that Apple and its subsidiaries are third-party beneficiaries of this EULA and, upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

3. Scope of License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App for personal, non-commercial purposes on any device that you own or control and as permitted by the applicable app store’s usage rules (including Apple’s App Store Usage Rules). These Terms do not grant you any rights to the App’s source code or intellectual property.

4. Maintenance and Support

Fitcalorie is solely responsible for providing any maintenance and support services for the App. Apple has no obligation to provide any maintenance or support services with respect to the App.

5. Health and Medical Disclaimer

The App provides nutrition guidance, analytics, and AI-generated insights for educational and informational purposes only. The App is not a medical device and does not provide medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional regarding health-related questions. Never disregard professional medical advice because of information provided by the App.

6. Accounts and Security

• You are responsible for all activity that occurs under your account and for keeping your login credentials confidential.
• Notify us immediately if you suspect any unauthorized access or security breach.
• We reserve the right to suspend or terminate accounts that violate these Terms or pose security risks.

7. Acceptable Use

• Do not use the Services for unlawful, harmful, fraudulent, or abusive purposes.
• Do not interfere with or disrupt the integrity or performance of the Services.
• Do not attempt to gain unauthorized access to the Services or related systems.
• Do not upload or transmit content that is unlawful, defamatory, obscene, infringing, or otherwise objectionable.

8. Fair Use; Usage Quotas

To ensure fair access and prevent abuse, your use of certain features (including AI chat and meal image analysis) may be subject to daily, weekly, or monthly usage quotas, rate limits, or other technical restrictions. We may modify such quotas at any time to maintain service quality, with or without notice.

9. Subscriptions and In‑App Purchases

• Title: Fitcalorie Subscription
• Length: Weekly or 3‑Month (auto‑renewable)
• Free Trial: A 3‑day free trial may be offered and will automatically start the selected subscription at the end of the trial unless canceled.
• Price: Prices are displayed in‑app and may vary by region, currency, plan, and ongoing promotions/discounts; taxes may apply. We reserve the right to update prices and promotional discounts from time to time in accordance with platform rules. Where applicable, the monthly equivalent for the 3‑Month plan may be shown in‑app.
• Auto‑Renewal: Subscriptions renew automatically unless canceled at least 24 hours before the current period ends.
• Trial End Reminder: Where supported, we send a reminder at least 24–48 hours before the end of the 3‑day free trial via in‑app and/or system notifications. Ongoing subscription renewals may not include reminder notifications in all regions.
• Manage & Cancel: Manage or cancel from your platform account settings (App Store / Google Play). Access to subscription features continues until the end of the current billing period.

10. Payments and Refunds

Payments are processed by the platform provider (e.g., Apple App Store or Google Play). Refunds, if applicable, are handled by the platform provider under its policies. Fitcalorie does not process refunds directly.

11. Tokens (Credits) and Scan Limits

Certain features (e.g., AI chat, meal scan) may require tokens (credits). Tokens and scan limits are available only during an active subscription. When your subscription expires, remaining tokens and scan limits are reset and are not refundable.

12. User Content and Conduct

• You retain ownership of your content but grant Fitcalorie a non‑exclusive, worldwide, royalty‑free license to host, process, and display such content solely to operate and improve the Services.
• You represent and warrant that you have all rights necessary to upload and use your content in connection with the Services.
• You must not upload content that infringes any third‑party rights or violates law.

13. Intellectual Property

The Services, including the App, software, text, graphics, logos, and other materials, are owned by or licensed to Fitcalorie and protected by intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, sell, or lease any part of the Services.

14. Third‑Party Services and Terms

The Services may integrate third‑party services (e.g., AI providers, analytics, storage). Your use of those features may be subject to the third parties’ own terms and privacy policies. We are not responsible for third‑party services.

15. Privacy

Your use of the Services is governed by our Privacy Policy, which explains how we collect, use, and safeguard your information, including details about temporary processing of chat content and meal images.

16. Warranty Disclaimer

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITCALORIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. AI‑GENERATED OUTPUTS MAY BE INACCURATE OR INCOMPLETE; YOU SHOULD NOT RELY ON THEM AS PROFESSIONAL ADVICE.

17. Product Claims

Fitcalorie is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection laws.

18. Legal Compliance; Export

You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist‑supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable export control and sanctions laws.

19. Indemnification

You agree to indemnify, defend, and hold harmless Fitcalorie and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms or misuse of the Services.

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FITCALORIE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD‑WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES.

21. Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or the Services, the parties will first attempt to resolve the dispute through good‑faith negotiations. If unresolved, disputes may be submitted to mediation or, where permitted by law, binding arbitration. Nothing in this section limits either party’s right to seek injunctive relief.

22. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Türkiye, without regard to its conflict of law principles. Subject to any mandatory consumer protection laws, you agree to the exclusive jurisdiction of the courts located in İstanbul, Türkiye.

23. Modifications to the Services and to these Terms

We may modify or discontinue all or part of the Services at any time. We may also update these Terms from time to time. We will post updates within the App and/or on our website with the effective date indicated above. Your continued use of the Services constitutes acceptance of the updated Terms.

24. Termination

We may suspend or terminate your access to the Services at any time if you violate these Terms, if required by law, or for any conduct that we reasonably believe is harmful. You may stop using the Services at any time. For permanent data removal, see Account Deletion.

25. General Provisions

• Severability: If any provision is found unenforceable, the remaining provisions will remain in full force and effect.
• No Waiver: Our failure to enforce any right or provision does not constitute a waiver of such right or provision.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Fitcalorie regarding the Services.

26. Contact

Questions about these Terms? Contact us at fitcalorie@macrostorie.com.