Acceptance of Terms

By downloading or using Kalorie ("App"), you agree to these Terms of Service and our Privacy Policy. If you do not agree, do not use the App. Our Privacy Policy is part of these Terms.

Eligibility

You must be old enough to use the App under the laws of your country (usually 13–16 years old). If you are under the age of majority, a parent or guardian must review and accept these Terms on your behalf.

Subscriptions & Billing

• Unlimited Subscription – Unlocks premium features like unlimited audio recording and iCloud sync.
• Auto-renewal – Renews automatically unless canceled at least 24 hours before the period ends.
• Purchase & Cancellation – All purchases are via Apple's App Store. You can manage or cancel in your Apple ID settings. Refunds are handled only by Apple.
• Entitlements – We use RevenueCat with Apple to verify your subscription and unlock features.

Your Content

• Ownership – You keep all rights to content you provide or that is generated from your speech (like transcripts or todo titles).
• License to Us – You grant us a limited, non-exclusive, worldwide license to process, store, and transmit your content only to operate, maintain, and improve the App (including transcription, categorization, edits, merges, and sync).
• Prohibited Content – Don't submit illegal, infringing, harmful, or sensitive personal data you're not comfortable sharing for processing.

AI, Transcription & Backend Processing

• How it works – When you record audio or type text, the App sends it to our backend for processing. We may forward audio or transcripts to AI providers (OpenAI, Groq, Fireworks, Deepgram) to deliver features you request.
• Operational metadata – We log non-content details (like provider name, model, timing, success/failure) to monitor performance using services like Helicone.
• Accuracy & limitations – AI and transcription outputs may contain errors, omissions, or offensive content. Use at your own discretion.
• Purpose – The App is for productivity only. It does not give professional medical, legal, or financial advice.

Storage, Sync & Deletion

• Local – Images and preferences are stored on your device.
• Deletion – You can reset local data or delete iCloud-synced data from in-App settings. For other data requests, contact us and we'll handle them under our Privacy Policy.

Third-Party Services

We rely on:

• Apple – App Store billing, Sign in with Apple, CloudKit (iCloud sync)
• RevenueCat – Subscription management
• Cloudflare Workers – Backend processing
• AI Providers – OpenAI, Groq, Fireworks, Deepgram
• Helicone – Performance telemetry (metadata only)

These services may have their own terms and privacy policies.

Acceptable Use

You agree not to:

• Reverse-engineer, modify, or create derivative works of the App (unless allowed by law)
• Violate laws or others' rights
• Try to bypass usage limits or subscription checks
• Upload malware or harmful/deceptive content

Intellectual Property

The App (excluding your content) is owned by us and our licensors. All rights are reserved unless granted here.

Disclaimers

The App is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties (express or implied), including merchantability, fitness for a particular purpose, and non-infringement. We don't guarantee error-free or uninterrupted service, or accuracy of AI/transcription outputs.

Limitation of Liability

To the fullest extent permitted by law:

• We're not liable for indirect, incidental, special, consequential, or punitive damages (including lost profits, lost data, or business interruption).
• Our total liability is capped at US $50 or the amount you paid in the past 12 months, whichever is greater.
• These limits apply unless local law says otherwise.

Indemnification

You agree to indemnify and hold us harmless from claims related to your misuse of the App, your content, or your breach of these Terms or law.

Export & Sanctions

You may not use or export the App in violation of U.S. or other applicable export and sanctions laws.

Apple Platform Terms

• Acknowledgement – This EULA is between you and us, not Apple.
• Scope of License – A non-transferable license to use the App on Apple-branded devices you own/control, as per Apple's Usage Rules.
• Support – We, not Apple, handle all maintenance and support.
• Warranty; Refund – If the App fails to meet warranty, notify Apple for a refund. Apple has no other warranty obligations.
• Product Claims – We handle any claims related to the App, including product liability and legal compliance.
• IP Rights – If a third-party claim alleges the App infringes IP rights, we handle the matter.
• Legal Compliance – You confirm you're not in a country under U.S. embargo and not on restricted lists.
• Developer Contact – See top of this EULA.
• Third-Party Terms – You must follow any third-party terms when using the App.
• Third-Party Beneficiary – Apple is a beneficiary of this EULA and can enforce it.
• Standard EULA – Apple's Standard EULA applies: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

Privacy

Your use of the App is also subject to our Privacy Policy: /privacy

Changes

We may change features, providers, models, or these Terms. If changes are material, we'll let you know in-App or by reasonable means. Continued use means you accept the changes.

Governing Law & Venue

These Terms follow the laws of the United States (without conflict-of-laws rules). Courts in the United States have exclusive jurisdiction unless local law says otherwise.

Severability & Assignment

If part of these Terms is invalid, the rest stays in effect. You can't assign these Terms; we can assign them in a merger, acquisition, or sale.

Contact

Questions, feedback, or requests (including data access or deletion):

Email: onur@vigilainte.com