User Agreement Last Updated: November 11, 2024 Thank you for using FitCal AI-Calorie Tracker & Coach (hereinafter referred to as "the App" or "the Service"). Before using our services, please carefully read and understand this "User Agreement" (hereinafter referred to as "this Agreement"). By downloading, installing, or using this App, you agree to accept and comply with all the terms of this Agreement. If you do not agree to these terms, please do not use the App.
1.1 The App: Refers to all features provided by FitCal AI-Calorie Tracker & Coach, including but not limited to food scanning, calorie tracking, exercise logging, daily calorie plan generation, weight management, and personalized recipe recommendations.
1.2 User: Refers to an individual who registers and uses the App.
1.3 Membership Services: Refers to the monthly or annual membership services purchased by the user under this Agreement, including customized calorie recommendations, personalized recipes, and other value-added services.
1.4 Calorie Plan: The daily calorie intake recommendation generated based on the user's height, weight, gender, age, and other information.
1.5 Paid Services: Refers to membership services provided through paid subscriptions.
1.6 Coupons: Time-limited coupons offered to new users, applicable for first-time purchases of annual membership services.
2.1 Registration: To use all features of the App, you need to create a user account. During registration, you must provide truthful, accurate, and complete information.
2.2 Account Security: Users are responsible for the security of their account information
and password and are responsible for all activities conducted through their account. If you notice any unusual activity in your account, please notify us immediately.2.3 Account Cancellation: You may cancel your account at any time through the settings option within the app. Once canceled, you will lose access to all data within your account.
3. Service Content
3.1 Personalized Calorie Plan: Based on the information you provide, such as height, weight, gender, and age, the AI system generates a daily calorie intake plan to help you manage your diet.
3.2 Food Scanning and Recording: Users can scan food barcodes or upload photos to record the calorie data of the food. The AI will automatically recognize and calculate the food's calories.
3.3 Exercise Logging and Calorie Expenditure: After users enter exercise data, the AI system will automatically recognize and record the calories burned during exercise.
3.4 Weight and Calorie Logging: Users can log their daily weight and calorie intake to track their health progress.
3.5 Personalized Recipe Recommendations: Based on your taste preferences and calorie requirements, the app generates personalized recipes and diet plans.
4.1 Membership Subscription: The App offers monthly and annual membership services. Subscribed users will enjoy value-added services such as more personalized calorie recommendations and more accurate recipe generation.
4.2 Payment Methods: Users can choose to pay for premium membership either monthly or annually. The fee will be automatically deducted from your specified payment method at the start of each month or year.
4.3 Coupon Usage: The App offers time-limited coupons for new users, which can be used when purchasing an annual membership service for the first time. Coupons cannot be used in conjunction with other discounts or promotional activities.
4.4 Refund Policy: Since the service is provided immediately, all fees paid for membership services are non-refundable. Please carefully consider before subscribing.
5.1 Not Medical Advice The calorie recommendations, recipes, and health advice provided by this App are for reference only. We strive to offer scientifically-based and personalized diet and health plans, but this information does not substitute for professional medical advice. We recommend consulting a doctor or qualified health expert before starting any diet or exercise program.
5.2 Results May Vary Each user's physical condition, lifestyle, and execution vary, so the effects of the health plans and success stories generated by this App may differ. We cannot guarantee that all users will achieve the same health outcomes.
5.3 Responsibility for Health Management Although we aim to provide accurate calorie recommendations and recipes, users are responsible for managing their own health while using this App. If you experience any health issues as a result of using the App’s suggestions, we recommend seeking help from a professional doctor.
5.4 Accuracy of the Service We make every effort to ensure the accuracy and reliability of the App's content. However, due to limitations in technology and data sources, certain calorie estimates or recipe recommendations may contain errors. We make no explicit or implicit guarantees regarding the accuracy, completeness, or suitability of the information.
6.1 Data Collection We collect personal information from users (such as height, weight, age, etc.) and usage data (such as device information, IP address, etc.) to optimize services and provide personalized recommendations. Please refer to the "Privacy Policy" for more details.
6.2 Data Protection We are committed to taking reasonable technical and organizational measures to protect your personal data from unauthorized access, disclosure, alteration, or destruction. However, given the inherent risks in internet security, we cannot guarantee the absolute safety of your data.
7.1 Lawful Use Users agree to use the App lawfully and not engage in any illegal activities through the App.
7.2 Truthful Information Users must provide truthful, accurate, and complete information during registration and use. If any information changes, users should update it promptly.
7.3 Code of Conduct Users must not engage in any activities that violate laws or regulations, infringe on others' rights, or upload content containing malware, viruses, or malicious links.
8.1 Prohibited Content Users are prohibited from publishing the following content while using the App: Illegal Content: Including but not limited to illegal activities, fraud, theft, intellectual property infringement, etc. Invasion of Privacy: Including publishing others' personal information, private data, or unauthorized use of others’ photos or videos.Obscene or Offensive Content: Including vulgar, obscene, insulting, or discriminatory content. Malicious or Virus Content: Including content containing malware, viruses, or harmful links. False or Misleading Content: Including false advertising misleading health claims, etc.
8.2 Handling of Violations We review the content published by users and reserve the right to take the following actions: Delete Violating Content: Remove any content that violates this Agreement. Warning: Issue a warning to users with minor violations, reminding them to comply with the platform rules. Suspend or Ban Accounts: For severe or repeated violations suspend or ban the user's account. Legal Reporting: If the violating content involves illegal activities, we will report it to the authorities as required by law.
9.1 Modifications We reserve the right to modify, suspend, or terminate all or part of the features of the App at any time. If significant changes occur, we will notify users within the app.
9.2 Termination If a user violates any of the terms of this Agreement, we reserve the right to suspend or terminate their account and may take further legal actions.
10.1 Governing Law Regardless of your country or region, this Agreement shall be governed by the laws of the United States, the European Union, and other applicable laws in your jurisdiction.
10.2 Dispute Resolution Any disputes arising from or related to this Agreement should first be resolved through friendly negotiation. If negotiations fail, either party may choose to submit the dispute to the following jurisdiction: United States: If the dispute occurs in the U.S., the jurisdiction shall be the courts of New York State. European Union: If the dispute occurs within the EU, the jurisdiction shall be the courts of the EU member state. Non-EU Countries: If the dispute occurs outside the EU, jurisdiction shall be determined according to applicable international laws and the jurisdictional rules of the country.