Terms and Conditions for CalCount

Last Updated: [Insert Date]

Welcome to CalCount! These Terms and Conditions ("Terms") govern your use of the CalCount mobile application and website (collectively, the "Service"), which is owned and operated by [Your Company Name] ("we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use the Service.

1. Use of the Service

The Service allows you to log meals and track calorie intake. You must provide accurate and complete information about your meals to ensure the Service's effectiveness. We do not guarantee the accuracy of the nutritional information provided on the Service.

2. User Responsibilities

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device. You agree to accept responsibility for all activities that occur under your account or password.

3. Intellectual Property Rights

All intellectual property rights in the Service and its content, including but not limited to text, graphics, logos, and software, are owned by us or our licensors. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as permitted under these Terms.

4. User Content

You may submit content, including meal logs and comments, to the Service ("User Content"). You grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

5. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service in any way that violates any applicable federal, state, local, or international law or regulation.

6. Disclaimer of Warranties

The Service is provided "as is" and "as available" without any warranty of any kind, either express or implied. We do not guarantee that the Service will be uninterrupted, secure, or free from errors.

7. Limitation of Liability

In no event will we be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Service, any websites linked to it, any content on the Service, including any direct, indirect, special, incidental, consequential, or punitive damages.

8. Indemnification

You agree to defend, indemnify, and hold harmless [Your Company Name], its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Country/State], without giving effect to any choice or conflict of law provision or rule.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the updated Terms on the Service.

11. Contact Us

If you have any questions about these Terms, please contact us at [Your Contact Information].

12. Use of Generative AI and Data Accuracy

a. Generative AI Technology: CalCount utilizes generative artificial intelligence ("Generative AI") to provide nutritional information and meal suggestions based on user inputs. This technology analyses the meal data you provide and generates nutritional values and insights using algorithms and data models.

b. Accuracy of Data: While we strive to provide helpful and accurate information, the data generated by Generative AI is based on estimates and should not be considered entirely accurate or relied upon for medical or health decisions. The accuracy of the information provided by the Service can vary and is dependent on the accuracy of the inputs provided by the user.

c. No Assurance of Accuracy: We do not warrant the completeness, reliability, or accuracy of the nutritional information provided through the Service. The use of the Service and any reliance on the generated data is at your own risk. We are not responsible for any inaccuracies, errors, or omissions in the information provided.

d. Limitation of Liability for AI-Generated Data: To the fullest extent permitted by law, [Your Company Name] expressly disclaims all liability for any direct, indirect, incidental, special, or consequential damages or losses arising out of or related to the use of Generative AI and the accuracy of the data provided by the Service, including but not limited to reliance by you on any information obtained from the Service.

13. No Medical Advice Provided

a. General Information Only: The Service, including but not limited to, all content, information, and materials provided on and through the Service, is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. CalCount does not offer medical advice or services. The information provided through the Service, including but not limited to, data generated by Generative AI, meal suggestions, and nutritional insights, should not be used for diagnosing or treating a health problem or disease.

b. Consultation with Healthcare Professionals: We strongly advise you to consult with a qualified healthcare professional before making any health-related decisions, starting any diet, exercise, supplementation program, or if you have or suspect you might have a health problem. Do not disregard professional medical advice or delay in seeking it because of something you have read on the Service.

c. No Endorsement of Content: The inclusion of any information or suggestions on the Service does not imply endorsement by CalCount. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Service.

d. User Responsibility: You acknowledge and agree that your reliance on any information provided by the Service is solely at your own risk. CalCount is not responsible or liable for any advice, course of treatment, diagnosis, or any other information, services, or products that you obtain through the Service.