Terms of Service

I THE APPLICATION

CalHero ("Application", "App", "Service" or "Services") is licensed to You ("You", "User", "Users") by FitHero, LLC ("Licensor", "Company", "We", "Us", "Our") registered in the USA. By downloading the Application from the Apple App Store or Google Play Store, and any update thereto (as permitted by this agreement), You indicate that You agree to be bound by all of the terms and conditions of these Terms of Service, and that You accept these Terms of Service.

CalHero is a mobile application designed to help you track your calorie intake, log meals, and monitor your nutritional habits. The Application provides tools for food logging, macro tracking, and weight management.

II ELIGIBILITY AND AGE REQUIREMENTS

2.1 You must be at least 13 years old to use the Service.

2.2 If You are between 13 and 17 years old (or under the age of majority in Your jurisdiction), You may only use the Service with the consent and supervision of a parent or legal guardian. Your parent or guardian must review and accept these Terms on Your behalf and is responsible for all activity under Your account. Parents and guardians should be aware that this App involves calorie tracking, which may not be appropriate for all minors.

2.3 If we become aware that a child under 13 has provided us with personal information without verifiable parental consent, we will take steps to remove that information and delete the account.

III HEALTH, NUTRITION, AND MEDICAL DISCLAIMER

3.1 CalHero is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. The nutritional information, calorie calculations, and any recommendations provided through CalHero are automated estimates for general informational and educational purposes only.

3.2 CalHero does not provide medical advice, medical nutrition therapy, dietetic services, or personalized dietary counseling. All calorie estimates, nutritional insights, and macro calculations are approximations and may be incomplete, inaccurate, or unsuitable for Your individual needs.

3.3 You should always consult a qualified healthcare provider, registered dietitian, or other licensed professional before making any changes to Your diet, starting a weight loss program, or if You have any questions or concerns regarding a medical condition. Individual nutritional needs vary based on many factors including age, sex, height, weight, medical conditions, medications, and activity level.

3.4 CalHero does not guarantee any specific health outcomes, weight loss results, or nutritional goals. Any progress or results achieved while using the Application are individual and not guaranteed.

3.5 You voluntarily assume all risks associated with the use of CalHero and any dietary decisions made based on information from the Application. The Company shall not be held liable for any damages, injury, or adverse health effects, whether direct or indirect, resulting from or related to the use of the Service, reliance on nutritional information provided by the Application, or any dietary decisions made based on data from the Application. This disclaimer applies even after Your use of CalHero ends.

IV NUTRITIONAL DATA ACCURACY

4.1 Nutritional information in CalHero comes from multiple sources including government databases (e.g., USDA), restaurant-provided data, and third-party data providers. Calorie and macro calculations are mathematical estimates based on available data and user inputs.

4.2 CalHero does not independently verify the accuracy of all nutritional information in its database. Actual calorie and nutrient content may differ from estimates due to factors including but not limited to: recipe variations and preparation methods, portion size estimation, food database inaccuracies, seasonal variations in food composition, and individual metabolic differences.

4.3 You are responsible for verifying any nutritional information that is critical to Your health needs, particularly if You have food allergies, intolerances, or medical conditions that require precise dietary management. CalHero is not a substitute for reading food labels or consulting with a qualified professional.

V EATING DISORDER AWARENESS

5.1 Calorie tracking and dietary restriction may not be suitable for everyone and can be harmful if practiced improperly. If You have a history of eating disorders or disordered eating patterns, CalHero may not be appropriate for You.

5.2 If You experience any of the following while using CalHero, please discontinue use and consult a healthcare provider specializing in eating disorders: obsessive thoughts about food, weight, or calories; severe anxiety around eating or food choices; extreme restriction or binging behaviors; body image distortion; or feelings of guilt or shame related to eating.

5.3 If You or someone You know is struggling with an eating disorder, we encourage You to seek help from a qualified healthcare professional.

5.4 By using CalHero, You acknowledge that You have considered whether calorie tracking is appropriate for Your mental and physical health.

VI SCOPE OF LICENSE

6.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Application on any devices that You own or control, as permitted by the Usage Rules set forth in the Apple App Store or Google Play Store Terms of Service.

6.2 You may not share or make the Application available to third parties, sell, rent, lend, lease, or otherwise redistribute the Application (except with prior written consent from the Company).

6.3 You may not reverse engineer, translate, disassemble, decompile, modify, create derivative works of, or attempt to derive the source code of the Application, or any part thereof.

6.4 You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to copies of the Application at any time.

6.5 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages and Your license shall be terminated as stated in Section X of this agreement.

6.6 The Licensor reserves the right to modify the terms and conditions of licensing at any time without prior notice.

VII APPLE HEALTHKIT INTEGRATION

7.1 The Application may integrate with Apple HealthKit to read and write health-related data such as weight and body measurements. This integration is entirely optional and requires Your explicit permission.

7.2 Any data accessed through HealthKit is stored locally on Your device and managed by Apple. CalHero does not upload, transmit, sell, or share any HealthKit data to our servers, third-party services, advertising platforms, or data brokers.

7.3 HealthKit data will not be used for marketing, advertising, or data mining purposes, in accordance with Apple's HealthKit guidelines.

7.4 CalHero is not responsible for the accuracy of data received from HealthKit, HealthKit platform availability or changes, third-party apps accessing Your HealthKit data, or sync delays or failures between CalHero and HealthKit.

7.5 You may revoke HealthKit access at any time through Your device's Settings > Health > Data Access > CalHero.

VIII USE OF DATA

8.1 You acknowledge that the Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information. Use of such material and information is subject to Our privacy policy: https://calhero.app/privacy-policy.

IX SUBSCRIPTIONS AND IN-APP PURCHASES

9.1 The Premium version of the App is a service that unlocks various features of the Application. You can choose between yearly or monthly subscription plans.

9.2 Monthly and yearly subscriptions will automatically renew unless auto-renewal is turned off at least 24 hours before the end of Your current billing period. Subscriptions renew at the original price unless otherwise notified. We will provide at least 30 days notice before any price changes take effect.

9.3 You can manage and cancel Your subscription at any time through Your Apple ID or Google Play account settings. Cancellation takes effect at the end of the current billing period and You will retain access to Premium features until that period ends.

9.4 All purchases are processed through the Apple App Store or Google Play Store and are subject to their respective terms and conditions. Refund requests must be directed to Apple or Google accordingly.

9.5 Premium subscriptions are bound to one Apple or Google account and are not transferable.

X TERMINATION

10.1 The license is valid until terminated by the Company or by You. Your rights under this license will terminate immediately and without notice if You fail to adhere to any term(s) of this license.

10.2 Upon termination, You shall cease all use of the Service. You may export Your data before termination using the backup functionality provided in the Application.

XI INTELLECTUAL PROPERTY

11.1 The Service and its original content, features, and functionality are and will remain the exclusive property of FitHero, LLC.

11.2 Any data, graphics, logos, or other materials included in the Service are the exclusive property of FitHero, LLC, with the exception of third-party content and User-generated content.

XII LIABILITY

12.1 The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

12.2 The Licensor accepts no liability for any loss, direct or indirect, including without limitation, loss of profits, data, use, or other intangible losses as a result of relying on the functionality of the Application, the nutritional information provided, or any dietary decisions made based on data from the Application.

12.3 To the maximum extent permitted by applicable law, the Company's total liability shall not exceed the greater of: the amount You paid for the Service in the preceding 12 months, or one hundred US dollars (USD $100).

12.4 To avoid data loss, You are encouraged to make use of the backup functionality provided by the Application.

XIII DISCLAIMER AND CHANGES

13.1 The Licensor reserves the right to modify or change any part of this agreement without prior notice. The Licensor shall update the effective date of this agreement each time a change or modification is introduced. We will notify You of material changes through reasonable notice (such as in-app notification or email).

13.2 Your continued use of the Service after any modifications to these Terms constitutes Your acceptance of the modified Terms. If the modified Terms are not acceptable to You, please stop using the Service.

13.3 The Application availability is subject to the Apple App Store and Google Play Store availability.

13.4 The Licensor may wish to stop providing the Service, and may terminate the use of it at any time without giving notice of termination to You. Unless we tell You otherwise, upon any termination, Your right to use the Service will immediately cease.

XIV GOVERNING LAW

14.1 This license agreement is governed by the laws of the State of Delaware, United States, excluding its conflicts of law rules.

XV CONTACT INFORMATION

15.1 If You have any questions regarding our Terms of Service, feel free to contact us at hello@fithero.io.