CalPal Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," "your") and MOUNTAIN LLC ("Company," "we," "us," "our") governing your access to and use of the CalPal AI mobile application, the websites located at www.aicalpal.com and www.calpalai.app (and any subdomains), related services, content, software, and AI features (collectively, the "Service"), and all subsequent updates, upgrades, and modifications thereto.

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICE, YOU:

• ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS;
• REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD (OR THE AGE OF MAJORITY IN YOUR JURISDICTION, WHICHEVER IS HIGHER) AND LEGALLY COMPETENT TO ENTER INTO CONTRACTS;
• CONSENT TO THE COLLECTION, USE, DISCLOSURE, AND PROCESSING OF YOUR DATA AS DESCRIBED IN OUR PRIVACY POLICY (https://www.calpalai.app/privacy), WHICH IS INCORPORATED HEREIN BY REFERENCE;
• AGREE THAT THESE TERMS ARE ENTERED INTO ELECTRONICALLY, AND THAT YOUR ELECTRONIC ACCEPTANCE HAS THE SAME LEGAL FORCE AND EFFECT AS A HANDWRITTEN SIGNATURE.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND MUST CEASE ALL USE AND DELETE IT IMMEDIATELY.

The Service is made available worldwide; however, we make no representation that the Service is appropriate or available for use in any particular jurisdiction. You access the Service on your own initiative and are solely responsible for compliance with all local laws.

2. Eligibility, Account & Health Representations

• 2.1. Age. The Service is strictly for individuals aged 18 years or older. Minors are prohibited from using the Service. We reserve the right (but assume no obligation) to verify age and to terminate accounts of underage users. We do not knowingly collect personal information from individuals under the age of 18.
• 2.2. Account Data. You agree to provide accurate, current, and complete information during registration and profile setup ("Account Data") and to promptly update it. We are not responsible for any consequence arising from inaccurate, incomplete, or outdated information you provide, including inaccurate calorie, macronutrient, or other estimates generated from such information.
• 2.3. Account Security. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account, whether or not authorized by you. You must notify us immediately of any unauthorized use. We are not liable for any loss or damage arising from your failure to safeguard your credentials.
• 2.4. Health Representations. By using the Service, you represent and warrant that: (a) you are in adequate physical and mental health to engage in dietary tracking and any related fitness activity you choose to undertake; (b) you have consulted, or will consult, a qualified healthcare professional before making changes to your diet or exercise routine; (c) you do not suffer from, and are not in recovery from, any condition (including any eating disorder such as anorexia nervosa, bulimia nervosa, or binge-eating disorder) for which calorie tracking is or may be contraindicated, or you use the Service against medical advice entirely at your own risk; and (d) you will immediately discontinue use of the Service and seek professional help if its use causes or aggravates any physical or psychological condition.
• 2.5. Right to Refuse. We reserve the right to suspend, terminate, or refuse service to anyone, at any time, for any lawful reason or no reason, including violation of these Terms.

3. Description of Service; Informational Tool Only

• 3.1. The Service provides software tools that allow users to:
  • Log workouts, meals, water intake, mood, notes, and body weight;
  • Receive estimated daily calorie intake and macronutrient ("macro") information based on user-inputted data and generalized algorithms;
  • Access curated nutritional information and educational content ("Feed");
  • Utilize AI-powered image, text, and voice analysis for food recognition and nutrient estimation;
  • Interact with an AI-powered personal assistant (the "AI Assistant") to help log diary entries, answer questions, and navigate the Service;
  • Browse, save, log, and optionally publish and share recipes and associated estimated nutritional information ("Recipes"), including through the public community recipe pages;
  • Maintain a user profile, portions of which may be publicly visible if you enable sharing features;
  • Sync step counts, activity, and calorie-burn estimates from your device and connected health and fitness platforms (e.g., Apple HealthKit, Google Fit / Health Connect, Strava, Garmin, and other wearable integrations);
  • Authorize third-party applications and AI assistants to connect to your account (see Section 11.4);
  • Configure app settings.
• 3.2. INFORMATIONAL TOOL ONLY. THE SERVICE IS A GENERAL-PURPOSE INFORMATIONAL AND ORGANIZATIONAL TOOL. IT IS NOT A MEDICAL DEVICE, DIAGNOSTIC TOOL, THERAPEUTIC PRODUCT, OR HEALTHCARE SERVICE, AND IT HAS NOT BEEN EVALUATED, CLEARED, OR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION (FDA), THE EUROPEAN MEDICINES AGENCY (EMA), OR ANY OTHER REGULATORY BODY. ALL OUTPUTS OF THE SERVICE ARE ESTIMATES PROVIDED FOR GENERAL INFORMATIONAL, EDUCATIONAL, AND ENTERTAINMENT PURPOSES ONLY.
• 3.3. Service Changes. We may, at any time and without liability: add, modify, suspend, limit, or discontinue any feature, content, database, AI model, or the Service as a whole; impose usage limits; or restrict access to parts or all of the Service. Features may be offered on an experimental or "beta" basis, and such features are provided with all faults and may be withdrawn at any time.

4. Nutritional Data Sources; AI Outputs; Allergen & Accuracy Warning

• 4.1. Open-Source and Third-Party Data. Nutritional, ingredient, and food-composition information presented in the Service is derived in whole or in part from third-party and open-source food databases and datasets (which may include, without limitation, community-maintained databases, government datasets, manufacturer-provided data, and other publicly available sources), as well as from user submissions. WE DO NOT CREATE, VERIFY, AUDIT, CURATE, OR GUARANTEE THIS DATA. SUCH DATA MAY BE INACCURATE, INCOMPLETE, OUTDATED, MISLABELED, REGIONALLY INAPPLICABLE, OR OTHERWISE UNRELIABLE, AND MAY DIFFER MATERIALLY FROM THE ACTUAL COMPOSITION OF ANY FOOD ITEM YOU CONSUME.
• 4.2. AI Outputs. AI analysis (including image, text, and voice analysis for food recognition and nutrient estimation, and responses generated by the AI Assistant) is generated by statistical models and machine-learning systems, including third-party AI models (such as Google's Gemini models). AI OUTPUTS ARE PROBABILISTIC ESTIMATES, NOT MEASUREMENTS OR FACTS. THEY MAY BE INACCURATE, INCOMPLETE, INCONSISTENT, FABRICATED ("HALLUCINATED"), OR INAPPROPRIATE FOR YOUR SPECIFIC SITUATION, AND MAY MISIDENTIFY FOODS, PORTION SIZES, INGREDIENTS, OR NUTRIENTS ENTIRELY. Accuracy may vary based on image quality, lighting, portion visibility, food typicality, and other factors. The Company does not guarantee the accuracy, completeness, reliability, or usefulness of any AI output or prediction. You acknowledge these limitations and agree never to rely solely on AI outputs for any decision.
• 4.3. ALLERGEN & FOOD-SAFETY WARNING. THE SERVICE MUST NEVER BE USED TO IDENTIFY, DETECT, OR RULE OUT ALLERGENS, INTOLERANCES, CONTAMINANTS, OR ANY OTHER FOOD-SAFETY RISK. IF YOU HAVE A FOOD ALLERGY, INTOLERANCE, OR ANY CONDITION REQUIRING PRECISE DIETARY CONTROL (INCLUDING, WITHOUT LIMITATION, DIABETES, PHENYLKETONURIA, CELIAC DISEASE, OR KIDNEY DISEASE), YOU MUST RELY EXCLUSIVELY ON PRODUCT LABELING, MANUFACTURER INFORMATION, AND THE ADVICE OF QUALIFIED PROFESSIONALS — NOT ON THE SERVICE. THE COMPANY DISCLAIMS ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR ANY HARM ARISING FROM RELIANCE ON THE SERVICE FOR ALLERGEN, INGREDIENT, OR FOOD-SAFETY INFORMATION.
• 4.4. AI Assistant. The AI Assistant is a conversational software feature powered by third-party large language models (including Google's Gemini models). It is provided solely as a convenience for logging and navigating the Service. THE AI ASSISTANT IS NOT A HUMAN, IS NOT A HEALTHCARE PROFESSIONAL, DIETITIAN, COACH, OR THERAPIST, AND ITS RESPONSES MAY BE INACCURATE, INCOMPLETE, FABRICATED, OR UNSUITABLE FOR YOUR CIRCUMSTANCES, EVEN WHERE THEY APPEAR CONFIDENT, PERSONALIZED, OR AUTHORITATIVE. Any statement made by the AI Assistant regarding food, nutrition, health, fitness, medication, or any other subject is general information only and is subject to every disclaimer in these Terms (including Sections 4.3, 5, and 6). Diary entries created or modified via the AI Assistant are estimates that you are responsible for reviewing and correcting. Nothing the AI Assistant says creates any warranty, commitment, or contractual obligation on behalf of the Company, and no output of the AI Assistant modifies these Terms.
• 4.5. Recipes; Food Preparation & Safety. Recipes and their associated nutritional values are provided for informational purposes only and may be generated or estimated by AI, derived from third-party or open-source sources, or contributed by users. Actual nutritional content of any prepared dish will vary based on ingredients, brands, portions, substitutions, and preparation methods. YOU ARE SOLELY RESPONSIBLE FOR THE SELECTION, PURCHASE, HANDLING, STORAGE, PREPARATION, AND COOKING OF ALL FOOD, INCLUDING VERIFYING INGREDIENT SAFETY AND SUITABILITY, CHECKING FOR ALLERGENS (SEE SECTION 4.3), AND ENSURING FOODS ARE COOKED TO SAFE TEMPERATURES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY ILLNESS, ALLERGIC REACTION, FOODBORNE ILLNESS, INJURY, OR OTHER HARM ARISING FROM THE PREPARATION OR CONSUMPTION OF ANY FOOD OR RECIPE ACCESSED THROUGH THE SERVICE.
• 4.6. Device & Health-Platform Sync. Step counts, activity data, and calorie-burn estimates synced from your device or connected health and fitness platforms (e.g., Apple HealthKit, Google Fit / Health Connect, Strava, Garmin, and other wearable or fitness integrations) are generated by third-party hardware, sensors, and software that we do not control. Such data is inherently approximate and may be inaccurate, incomplete, duplicated, delayed, or missing, and any calculations the Service performs using it (including net calorie or energy-balance figures) inherit those inaccuracies. WE DO NOT VERIFY, AND ARE NOT RESPONSIBLE FOR, THE ACCURACY OR AVAILABILITY OF ANY DATA OBTAINED FROM YOUR DEVICE OR ANY CONNECTED PLATFORM.
• 4.7. Estimates Vary by Individual. Calorie and macro targets are computed from standardized, population-level formulas and your self-reported inputs. Actual individual requirements vary based on metabolism, genetics, health status, medications, and numerous other factors the Service cannot assess.

5. No Medical Advice; No Professional Relationship; Emergency Disclaimer

• 5.1. THE SERVICE DOES NOT PROVIDE MEDICAL, NUTRITIONAL, DIETETIC, FITNESS, PSYCHOLOGICAL, OR OTHER PROFESSIONAL ADVICE. ALL CONTENT — INCLUDING AI ANALYSIS, CALORIE/MACRO ESTIMATES, NUTRITIONAL INFORMATION, WORKOUT SUGGESTIONS, INSIGHTS, AND FEED CONTENT — IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, MITIGATE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION.
• 5.2. No Professional Relationship. Your use of the Service does not create any physician–patient, dietitian–client, trainer–client, fiduciary, or other professional relationship between you and the Company or any of its personnel, contractors, or licensors.
• 5.3. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY SEEKING IT, BECAUSE OF ANYTHING YOU HAVE READ, SEEN, OR RECEIVED THROUGH THE SERVICE. ALWAYS CONSULT A QUALIFIED PHYSICIAN, REGISTERED DIETITIAN/NUTRITIONIST, CERTIFIED FITNESS PROFESSIONAL, OR OTHER LICENSED HEALTHCARE PROVIDER BEFORE MAKING ANY CHANGES TO YOUR DIET, EXERCISE ROUTINE, MEDICATION, OR LIFESTYLE, AND BEFORE USING THE SERVICE IF YOU ARE PREGNANT, NURSING, ELDERLY, TAKING MEDICATION, OR HAVE ANY MEDICAL CONDITION.
• 5.4. EMERGENCY DISCLAIMER. THE SERVICE IS NOT DESIGNED FOR, AND MUST NOT BE USED IN, MEDICAL EMERGENCIES. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY NUMBER (E.G., 911 IN THE U.S., 112 IN THE EU) IMMEDIATELY.
• 5.5. Eating Disorders. Calorie and weight tracking may be harmful for individuals with, or at risk of, disordered eating. If you experience distress, obsessive behavior, or disordered eating patterns in connection with the Service, discontinue use immediately and seek professional support.

6. Assumption of Risk & Release

• 6.1. ASSUMPTION OF RISK. YOU ACKNOWLEDGE THAT DIETARY CHANGES, CALORIC RESTRICTION, FASTING, EXERCISE, AND WEIGHT MANAGEMENT INHERENTLY INVOLVE RISKS OF INJURY, ILLNESS, ADVERSE HEALTH EVENTS, AND DEATH. YOU KNOWINGLY, VOLUNTARILY, AND FREELY ASSUME ALL RISKS, KNOWN AND UNKNOWN, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE AND ANY DECISION OR ACTION YOU TAKE BASED ON ITS CONTENT, DATA, OR OUTPUTS, EVEN IF ARISING FROM THE NEGLIGENCE OF THE COMPANY OR OTHERS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
• 6.2. RELEASE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, DATA PROVIDERS, AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, OR CAUSES OF ACTION, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, YOUR HEALTH OUTCOMES, OR YOUR RELIANCE ON ANY INFORMATION OR OUTPUT PROVIDED THROUGH THE SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE.

7. User Responsibilities & Conduct

• 7.1. You agree to use the Service lawfully, ethically, and only for its intended personal, non-commercial purposes.
• 7.2. Prohibited Activities. You must not:
  • Provide false or misleading information;
  • Use the Service for any illegal purpose or in violation of any law (local, state, national, or international);
  • Reverse engineer, decompile, disassemble, hack, probe, scan, or otherwise attempt to derive the source code, models, weights, prompts, or underlying architecture of the Service, or interfere with or disrupt the Service, its servers, or networks;
  • Use bots, scrapers, crawlers, or other automated means to access the Service, or extract, harvest, or mine data (including for training machine-learning or AI models) from the Service;
  • Frame, mirror, sublicense, rent, lease, sell, or otherwise commercially exploit the Service or its content;
  • Impersonate any person or entity, or misrepresent your affiliation;
  • Upload or transmit viruses, malware, or harmful code;
  • Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of privacy, or infringing on intellectual property or other rights;
  • Share login credentials or allow unauthorized access;
  • Circumvent, or attempt to circumvent, any payment mechanism, usage limit, security measure, or access control;
  • Use AI features to generate harmful, discriminatory, or unlawful content, or for any purpose that could cause harm or distress to others;
  • Engage in referral fraud, including but not limited to: creating multiple accounts to generate referrals, using bots or automated tools to generate false referrals, sharing referral codes on unauthorized incentive sites, colluding with referees to artificially trigger rewards, or misrepresenting the Referral Program.
• 7.3. You are solely responsible for all User Content (workout logs, meal logs, notes, mood entries, images, voice recordings) you upload, submit, or generate using the Service. You represent and warrant that you own or have all necessary rights to such User Content, that it does not contain the personal data of any third party without lawful authority, and that it complies with these Terms.
• 7.4. We may (but have no obligation to) monitor, moderate, remove, or refuse any User Content at any time, without notice or liability.

8. User Content License, Feedback & AI Training

• 8.1. License Grant. You retain ownership of your User Content. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid-up, irrevocable (for the purposes below), sublicensable (through multiple tiers), and transferable license — which survives termination of these Terms or your use of the Service for the purposes outlined below — to:
  • (a) Use, host, store, cache, reproduce, modify, adapt, translate, create derivative works from, communicate, publish, publicly perform, publicly display, and distribute such User Content for the purposes of operating, providing, securing, improving, developing, and maintaining the Service; and
  • (b) Use anonymized, de-identified, and/or aggregated User Content for statistical analysis, research, benchmarking, product development, and improving our algorithms, models, and services, in perpetuity.
  • (c) Where you choose to publish or share User Content through public-facing features (including Community Recipes and public profile pages), publicly display and distribute such content — together with your username, profile photo, and other profile attribution you have made public — on the Service, on our websites, and in promotion of the Service and its community features.
• 8.1.1. Public Content. CONTENT YOU PUBLISH THROUGH PUBLIC-FACING FEATURES IS PUBLIC. It may be viewed by anyone (including non-users), indexed by search engines, and copied, saved, or re-shared by third parties outside our control. We are not responsible for any third party's use of content you make public. Removal or account deletion removes public content from the Service prospectively, but copies may persist in search-engine caches, archives, or third parties' possession. Do not publish anything you wish to keep private, and never include another person's personal data in public content without their consent.
• 8.2. AI Training. You expressly acknowledge and agree that User Content, including images submitted for AI analysis, may be used (processed and analyzed, including through automated means and third-party AI providers) to train, fine-tune, validate, evaluate, and improve our AI models and algorithms. While we strive to employ anonymization and aggregation techniques where feasible, you acknowledge that specific user data may be processed to enhance model performance, always subject to our Privacy Policy. This processing is integral to the functionality and improvement of the AI features.
• 8.3. Feedback. If you submit ideas, suggestions, bug reports, or other feedback ("Feedback"), you assign to us all rights in such Feedback, or, where assignment is not permitted, grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use and exploit it for any purpose, without attribution or compensation.
• 8.4. No Obligation to Store. We do not guarantee storage, backup, or availability of User Content. You are solely responsible for maintaining independent copies of any data you wish to preserve. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS, CORRUPTION, OR DELETION OF USER CONTENT OR DATA.

9. Data Collection, Storage & Sharing

• 9.1. Our Privacy Policy (https://www.calpalai.app/privacy) details the types of data we collect (including Account Data, User Content, Health Data such as weight/water intake/mood/workouts/meals, Device Data, Usage Data, and Image Data), how we use it, store it, and with whom we share it. BY USING THE SERVICE, YOU CONSENT TO THESE PRACTICES TO THE EXTENT PERMITTED BY APPLICABLE DATA PROTECTION LAW.
• 9.2. Infrastructure. The Service is operated using third-party infrastructure and processors, including without limitation Google (cloud hosting, APIs, and AI services), Supabase (database and data storage), and RevenueCat (subscription and purchase management/processing), as well as the Apple App Store and Google Play Store. Data you submit may be processed by these providers in accordance with our Privacy Policy and their respective terms.
• 9.3. Image Storage. Images you upload for AI analysis are stored on our infrastructure providers' servers for the purposes of processing, improving AI accuracy, and providing Service functionality. Storage duration is outlined in the Privacy Policy.
• 9.4. Sharing with Third Parties. We may share your data, including potentially anonymized or aggregated User Content and Image Data, with: (a) service providers (cloud hosting, analytics, AI model providers, payment and subscription processors, customer support) subject to confidentiality obligations; (b) authorities and other parties for legal compliance, protection of rights, safety, or property, or enforcement of these Terms; (c) successors in connection with a merger, acquisition, financing, reorganization, bankruptcy, or sale of assets; and (d) others in anonymized/aggregated form as described in Section 8.1(b).
• 9.5. International Transfers. Data may be processed and stored globally. We implement appropriate safeguards (e.g., Standard Contractual Clauses for EU/UK data) as required by applicable law when transferring data across borders. See our Privacy Policy for details.

10. Intellectual Property & DMCA

• 10.1. The Service, its original content (excluding User Content), features, functionality, software, AI models, algorithms, databases (to the extent of our rights therein), designs, and all intellectual property rights therein are and will remain the exclusive property of the Company and its licensors. Except for the limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service for personal, non-commercial purposes in accordance with these Terms, no rights are granted to you. All rights not expressly granted are reserved.
• 10.2. Trademarks, logos, and service marks displayed (including "CalPal" and "CalPal AI") are owned by us or third parties. No license to use them is granted without express written permission.
• 10.3. Copyright Complaints (DMCA). If you believe content on the Service infringes your copyright, send a notice to legal@calpalai.app containing: (a) identification of the copyrighted work; (b) identification and location of the allegedly infringing material; (c) your contact information; (d) a statement of good-faith belief that the use is unauthorized; (e) a statement, under penalty of perjury, that the information is accurate and you are authorized to act; and (f) your physical or electronic signature. We may remove content and terminate repeat infringers at our discretion.

11. Third-Party Services, Infrastructure & Links

• 11.1. The Service depends on third-party services, software, networks, data sources, and infrastructure that we do not control, including without limitation Google (hosting, APIs, and AI services, including the Gemini models powering meal scanning and the AI Assistant), Supabase (data storage), RevenueCat (subscription processing), the Apple App Store, the Google Play Store, open-source and third-party food and recipe databases, and device platforms and integrations (e.g., Apple HealthKit, Google Fit / Health Connect).
• 11.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE FOR: (a) THE ACTS, OMISSIONS, ERRORS, OUTAGES, SECURITY INCIDENTS, DATA BREACHES, DATA LOSS, OR POLICIES OF ANY THIRD-PARTY PROVIDER; (b) THE ACCURACY OR AVAILABILITY OF ANY THIRD-PARTY OR OPEN-SOURCE DATA; OR (c) ANY THIRD-PARTY WEBSITES, APPS, OR SERVICES LINKED FROM OR INTEGRATED WITH THE SERVICE. YOUR USE OF THIRD-PARTY SERVICES IS GOVERNED BY THEIR OWN TERMS AND PRIVACY POLICIES.
• 11.3. Open-source components included in the Service are provided under their respective licenses, which govern in the event of conflict with these Terms solely as to those components.
• 11.4. User-Authorized Connections (Connected Apps, MCP & Third-Party AI Assistants). The Service allows you to authorize third-party applications, agents, and AI assistants — including clients compatible with the Model Context Protocol ("MCP"), such as Claude and similar tools — to connect to your CalPal account (via our MCP server and OAuth-based consent flow) and to access your account data, including your Health, Food, and Activity Data. You acknowledge and agree that:
  • (a) Every such connection is established solely at your direction, election, and risk, through an explicit consent step;
  • (b) Once data is disclosed to a connected third-party client, its use, storage, retention, further disclosure, and security are governed exclusively by that third party's terms and privacy policy — not by these Terms or our Privacy Policy — and we have no control over, and to the maximum extent permitted by law disclaim all responsibility and liability for, that third party's acts, omissions, outputs, security incidents, or data handling;
  • (c) Outputs generated by any third-party AI assistant using data from your CalPal account are not Company content, are not reviewed or endorsed by us, and are subject to the same accuracy, medical, allergen, and reliance disclaimers as all other AI outputs under these Terms;
  • (d) You are solely responsible for reviewing any third-party client before authorizing it and for revoking access that you no longer wish to grant;
  • (e) We may throttle, suspend, or revoke any connection or the connected-apps capability at any time, without notice or liability, including for security, abuse, or legal reasons; and
  • (f) Connecting a client that acts autonomously or semi-autonomously on your behalf does not shift responsibility to us for the actions that client takes with respect to your account or data.

12. App Providers

Our Service is available through platforms such as the Apple App Store and Google Play Store (each, an "App Provider"). You acknowledge that these Terms are an agreement between you and MOUNTAIN LLC only, and not with the App Provider. As between us and the App Provider, we are solely responsible for the Service. We grant you a limited, non-transferable license to use the Service on a device you own or control, as permitted by your App Provider's usage rules. Your use of the Service must also comply with all applicable App Provider terms. The App Provider has no obligation to furnish maintenance or support and, to the maximum extent permitted by law, has no warranty obligation with respect to the Service; you may notify the App Provider to request a refund in line with its policies. The App Provider is not responsible for addressing any claims by you or any third party relating to the Service, including product liability claims, claims that the Service fails to conform to legal or regulatory requirements, and consumer protection or similar claims. You acknowledge that the App Provider and its subsidiaries are third-party beneficiaries of these Terms and will have the right to enforce them against you.

13. DISCLAIMER OF WARRANTIES

• 13.1. THE SERVICE AND ALL CONTENT, DATA, FEATURES, AI ANALYSIS, AND FUNCTIONALITY ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSORS, DATA PROVIDERS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND COURSE OF PERFORMANCE OR DEALING;
  • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, RELIABLE, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS;
  • WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENCY, OR USEFULNESS OF ANY CONTENT, INFORMATION, FOOD OR NUTRITIONAL DATA (INCLUDING OPEN-SOURCE AND THIRD-PARTY DATA), AI ANALYSIS, CALORIE ESTIMATES, MACRO CALCULATIONS, OR RECOMMENDATIONS PROVIDED THROUGH THE SERVICE;
  • WARRANTIES THAT DEFECTS WILL BE CORRECTED, OR THAT ANY DATA WILL BE PRESERVED OR REMAIN AVAILABLE;
  • WARRANTIES ARISING FROM ANY ORAL OR WRITTEN INFORMATION OR ADVICE OBTAINED FROM US OR THROUGH THE SERVICE.
• 13.2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU USE THE SERVICE AND RELY ON ANY CONTENT OR AI OUTPUTS ENTIRELY AT YOUR OWN RISK.
• 13.3. Some jurisdictions do not allow the exclusion of certain warranties, and some consumers may have statutory rights (including under EU/EEA and UK consumer law) that cannot be excluded; in such cases, the above exclusions apply to the maximum extent permitted, and nothing in these Terms affects statutory rights that cannot lawfully be waived.

14. LIMITATION OF LIABILITY

• 14.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOUNTAIN LLC, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, DATA PROVIDERS, SERVICE PROVIDERS, OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO:
  • DAMAGES FOR PERSONAL INJURY, ILLNESS, ADVERSE HEALTH EVENTS, OR DEATH;
  • DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT, DATA (INCLUDING OPEN-SOURCE OR THIRD-PARTY FOOD DATA), AI ANALYSIS, ESTIMATES, OR INFORMATION OBTAINED THROUGH THE SERVICE;
  • DAMAGES ARISING FROM ALLERGIC REACTIONS, FOODBORNE ILLNESS, THE PREPARATION OR CONSUMPTION OF ANY RECIPE OR FOOD, DIETARY DECISIONS, NUTRITIONAL DEFICIENCIES, OR HEALTH OUTCOMES OF ANY KIND;
  • DAMAGES RESULTING FROM RELIANCE ON THE AI ASSISTANT OR ON STEP, ACTIVITY, OR CALORIE-BURN DATA SYNCED FROM YOUR DEVICE OR ANY CONNECTED HEALTH OR FITNESS PLATFORM;
  • DAMAGES ARISING FROM ANY THIRD-PARTY APPLICATION, AGENT, OR AI ASSISTANT YOU AUTHORIZE TO CONNECT TO YOUR ACCOUNT (INCLUDING VIA MCP), OR FROM ANY THIRD PARTY'S USE OF CONTENT YOU CHOOSE TO MAKE PUBLIC;
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR ANY SECURITY INCIDENT AFFECTING US OR OUR THIRD-PARTY PROVIDERS;
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SERVICE;
  • LOSS, CORRUPTION, OR DELETION OF USER CONTENT OR DATA;
  • ANY OTHER MATTER RELATING TO THE SERVICE.
• 14.2. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER BASIS, EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
• 14.3. AGGREGATE CAP. IF, NOTWITHSTANDING THE FOREGOING, ANY COMPANY PARTY IS FOUND LIABLE FOR ANY DAMAGES, THE AGGREGATE LIABILITY OF ALL COMPANY PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) FIFTY U.S. DOLLARS (US $50.00).
• 14.4. Carve-Outs Required by Law. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including, where applicable, liability for death or personal injury caused by gross negligence or willful misconduct, or fraud. In jurisdictions that do not allow the exclusion or limitation of certain damages, the liability of the Company Parties is limited to the maximum extent permitted by law in those jurisdictions.
• 14.5. Basis of the Bargain. You acknowledge that the disclaimers, releases, and limitations in these Terms are fundamental elements of the bargain between you and us, that the Service would not be provided (or would be provided only at materially higher prices) without them, and that they allocate risk in a manner reflected in the price (including free access) of the Service.

15. Indemnification

You agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, actions, proceedings, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees and costs of investigation), whether brought by third parties or otherwise, arising out of or relating to:

• Your violation or alleged violation of these Terms;
• Your User Content;
• Your use or misuse of the Service, including reliance on any information, data, or AI outputs;
• Your violation of any third-party right, including intellectual property, publicity, or privacy rights;
• Your violation of any applicable law;
• Any dispute between you and any other user or third party;
• Any harm to any person arising from dietary, fitness, or health decisions you make or facilitate in connection with the Service.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully. You may not settle any such claim without our prior written consent. This Section survives termination.

16. Term & Termination

• 16.1. These Terms remain effective while you use the Service.
• 16.2. Termination by Us. We may terminate or suspend your access immediately, without prior notice or liability, for any reason or no reason, including if you breach these Terms. Upon termination, your right to use the Service ceases immediately, and we may delete your account and data subject to our Privacy Policy and applicable law.
• 16.3. Account Deletion by You. You may terminate this Agreement by requesting the permanent deletion of your account. The process is as follows:
  • (a) Upon submitting a deletion request through the Service, your account will be placed in a pending deletion state for a thirty (30) day grace period.
  • (b) You may cancel the deletion request at any time during this 30-day period by simply logging back into your account.
  • (c) If you do not log in within the 30-day grace period, the deletion will become permanent and your account cannot be recovered.
• 16.4. Survival. Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 21, and 22, and any other provision that by its nature should survive, shall survive termination.

17. Dispute Resolution & Arbitration

• 17.1. Informal Resolution: You agree to attempt informal resolution of any dispute with us for at least 30 days before initiating formal proceedings.
• 17.2. For U.S. Consumers Only: Mandatory Binding Arbitration and Class Action/Jury Trial Waiver
  • PLEASE READ THIS ENTIRE SUB-SECTION 17.2 CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY HEAR YOUR DISPUTES, AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
  • YOU AND WE EACH ACKNOWLEDGE THAT THE TERMS IN THIS SUB-SECTION 17.2 ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY DISPUTES.
  • THIS SUB-SECTION 17.2 APPLIES TO ANY DISPUTE BETWEEN YOU AND US (EACH, A "PARTY;" TOGETHER, THE "PARTIES") ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OUR PRODUCTS OR SERVICES, THE SERVICE, YOUR VISIT TO THE SITE, OUR ADVERTISING OR MARKETING, OUR PRIVACY AND DATA SECURITY PRACTICES, AND TO ANY PURCHASE, TRANSACTION, OR OTHER INTERACTION WITH US, WHETHER IN CONTRACT, TORT, WARRANTY, STATUTE, REGULATION, OR OTHER LEGAL OR EQUITABLE BASIS (EACH, A "DISPUTE"), INCLUDING, BUT NOT LIMITED TO:
  • DISPUTES THAT AROSE BEFORE THIS OR ANY PRIOR AGREEMENT;
  • DISPUTES THAT WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER; AND
  • DISPUTES THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS OR YOUR USE OF THE SERVICE.
• 17.2.1. Mandatory Informal Dispute Resolution Process:
  • If you have a Dispute against us, or if we have a Dispute against you, you and we must first attempt to resolve the Dispute informally in good faith. You and we agree to engage in direct discussions for a period of no less than sixty (60) days, commencing upon the receipt of a written notice of Dispute ("Notice").
  • To commence this process, the Party initiating the Dispute must send a written Notice describing the facts and circumstances of the Dispute and the specific relief sought, including any supporting documentation. Your Notice must be sent to us at legal@calpalai.app. We will send any Notice to you at your email address or, if unavailable, to your last-used billing address in your service profile.
  • This Informal Dispute Resolution Process and the expiration of the sixty (60) day period shall be an express condition precedent to either Party serving an Arbitration Demand (defined below) or otherwise initiating a lawsuit (should the Arbitration Agreement below not apply). You and we agree that any action commenced in arbitration or court without first exhausting this Mandatory Informal Dispute Resolution Process shall be defective and subject to dismissal at the cost of the Party found to have prematurely commenced the action.
  • The statute of limitations and any filing-fee deadlines for a Dispute shall be tolled for the duration of this Informal Dispute Resolution Process. Should we request a telephone conference with you in an effort to resolve your Dispute as part of this process, you agree to personally participate (with your counsel if you are represented).
• 17.2.2. Arbitration Agreement:
  • YOU AND WE AGREE THAT DISPUTES SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. This requirement, and the related terms that follow, shall be referred to as the "Arbitration Agreement."
  • To the maximum extent permitted by applicable law, you and we agree that any disputes arising out of or related to your use of the Service or these Terms will be resolved by binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall provide the substantive federal law provisions and shall govern the interpretation and enforcement of this Arbitration Agreement. By consenting to arbitration, you and we do not limit in any way either Party's statutory or common law rights or potential remedies to which either Party would be entitled were a dispute being heard in a court.
  • Any arbitration shall be heard in and administered by the American Arbitration Association (AAA) and be governed by the AAA Consumer Arbitration Rules, including the Mass Arbitration Supplementary Rules in effect on the date such action is commenced. You can find the AAA Rules and the Demand for Arbitration Form at http://www.adr.org. The arbitration shall be conducted by a single arbitrator in New York City, New York, or, at the election of either Party where required for enforceability, remotely by videoconference or telephone. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
  • Delegation Clause: You and we empower the arbitrator(s) with the exclusive authority to resolve any Dispute relating to the interpretation, applicability or enforceability of these Terms, the Privacy Policy, or the formation of this contract, including the arbitrability of any Dispute or any claim that all or any part of these Terms are void or voidable. The arbitrator shall determine in accordance with the applicable rules, without limitation, all issues regarding filing fees, form of pleadings, procedures for payment, locale, seat, arbitrator selection and disclosures, exchange of information, presentation of evidence, and criteria for any Arbitration Demand, Answer, and other claims. The arbitrator shall issue a reasoned award.
• 17.2.3. Class Action Waiver and Jury Trial Waiver:
  • YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. This means that (a) you shall not be permitted to obtain relief by way of a class, collective, or representative action; (b) the arbitrator cannot consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding; and (c) any relief awarded to any one user cannot affect other users. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL. If any part of this Class Action Waiver is found to be unenforceable, the Arbitration Agreement and/or the entirety of Sub-Section 17.2 may be null and void. You and we agree to waive the right to return any Dispute to Small Claims Court at any time after the filing of an Arbitration Demand under the applicable AAA rules.
• 17.2.4. Exceptions to Arbitration: Notwithstanding the provisions herein:
  • Either you or we may bring a Dispute in small claims court consistent with the jurisdictional and dollar limits that may apply, provided the claim proceeds solely on an individual basis.
  • This Arbitration Agreement will not preclude you or us from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a court of competent jurisdiction.
  • This Arbitration Agreement will not preclude you or us from applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary.
  • Either you or we may seek relief in any state or federal court for disputes related to a violation or possible violation of our intellectual property rights.
  • Confidential information of either Party disclosed during the arbitration (whether in documents or orally) shall not be used or disclosed except in connection with the arbitration or a proceeding to enforce or vacate the arbitration award, and any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
• 17.2.5. Opt-Out (U.S.): You may opt out of the Arbitration, Class Action Waiver, and Jury Trial Waiver provisions within 30 days of first accepting these Terms by sending written notice to legal@calpalai.app. If you opt out, only Section 17.1 and the general U.S. court jurisdiction (as per Section 18.2) apply to you for U.S. disputes.
• 17.2.6. Contractual Limitations Period: To the maximum extent permitted by applicable law, any Dispute that you may have arising out of or related to these Terms or the Service must be filed within one (1) year after the date of the occurrence of the event or facts giving rise to the Dispute, or it will be forever barred.
• 17.2.7. Survival: This entire Sub-Section 17.2 shall survive the termination of these Terms, your use of the Service, and the parties' relationship.
• 17.3. For All Other Users (Including Consumers Outside the U.S. and Business Users):
  • 17.3.1. Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall, to the fullest extent permitted by applicable law, be subject to the exclusive jurisdiction of the competent courts in Zagreb, Republic of Croatia.
  • 17.3.2. Waiver of Collective Action and Representation: To the fullest extent permitted by applicable law, you agree to waive any right to initiate or participate in a class action, collective action, private attorney general action, or any other collective or representative proceeding. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
  • 17.3.3. EU/EEA Consumers: If you are a consumer habitually resident in the EU/EEA or UK, nothing in this Section deprives you of the protection of mandatory provisions of the law of your country of residence, or of your right to bring proceedings in the courts of that country where such right cannot be excluded by agreement. The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are not obligated and do not undertake to participate in alternative dispute resolution proceedings before a consumer arbitration board unless required by mandatory law.

18. Governing Law & Jurisdiction

• 18.1. These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the Republic of Croatia, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
• 18.2. For U.S. Consumers: Subject to the Arbitration clause in Section 17.2.2, if you are a resident of the United States, you agree that any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in New Castle County, State of Delaware, USA, and you irrevocably submit to the personal jurisdiction of such courts.
• 18.3. For All Other Users (Including Consumers Outside the U.S. and Business Users): Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the competent courts in Zagreb, Republic of Croatia, to the fullest extent permitted by applicable law. You irrevocably submit to the personal jurisdiction of such courts, to the fullest extent permitted by applicable law. Mandatory consumer protections of your country of habitual residence remain unaffected where they cannot lawfully be excluded.

19. SUBSCRIPTIONS AND PAYMENTS

• 19.1. Subscription Offerings: The Service offers certain features or content accessible only through a paid subscription (currently marketed as "CalPal PRO"; any such offering, a "Subscription"). Subscription-gated features may include, without limitation, AI meal scanning, the AI Assistant, health and fitness platform sync, and expanded or "unlimited" usage allowances. Subscriptions may be offered on a monthly, annual, or other recurring basis ("Subscription Period"). Specific Subscription terms, features, duration, and pricing ("Subscription Terms") will be presented to you at the point of purchase within the App or on our website. These Subscription Terms are incorporated into these Terms by reference. We may change which features are included in any tier (free or paid), and may move features between tiers, at any time in accordance with Section 3.3; such changes do not entitle you to a refund except as required by applicable law.
• 19.1.1. Fair Use of "Unlimited" Features. Where a Subscription is described as providing "unlimited" access or usage, "unlimited" means unlimited normal, personal, non-automated use by a single account holder. All features — including AI meal scanning and the AI Assistant — remain subject to: (a) reasonable fair-use, rate, and volume limits designed to protect Service integrity and prevent abuse; (b) technical, capacity, and availability constraints of our third-party providers (including AI model providers); and (c) suspension or throttling in cases of automated, scripted, shared, commercial, or abusive usage patterns. Enforcement of these limits does not constitute a breach of these Terms and does not entitle you to any refund except as required by applicable law.
• 19.2. Free Trials: We may offer free trials of Subscriptions for a specified period ("Trial Period"). YOU WILL NOT BE CHARGED DURING THE TRIAL PERIOD. UNLESS YOU CANCEL YOUR SUBSCRIPTION AT LEAST 24 HOURS BEFORE THE END OF THE TRIAL PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY CONVERT TO A PAID SUBSCRIPTION AT THE THEN-CURRENT PRICE, AND YOUR DESIGNATED PAYMENT METHOD WILL BE CHARGED. You are responsible for understanding the exact cancellation deadline. Only one free trial per user may be permitted. We reserve the right to revoke or modify free trials at any time.
• 19.3. Billing and Automatic Renewal: RECURRING CHARGES: BY PURCHASING A SUBSCRIPTION, YOU EXPRESSLY AUTHORIZE US (OR OUR AUTHORIZED THIRD-PARTY PAYMENT OR SUBSCRIPTION PROCESSOR, INCLUDING THE APPLE APP STORE, GOOGLE PLAY STORE, AND REVENUECAT) TO CHARGE YOUR DESIGNATED PAYMENT METHOD (E.G., CREDIT CARD, APPLE ID, GOOGLE PAY ACCOUNT) THE SUBSCRIPTION FEE, PLUS ANY APPLICABLE TAXES, AUTOMATICALLY AT THE BEGINNING OF EACH SUBSCRIPTION PERIOD ("Renewal Date"). AUTOMATIC RENEWAL: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE SUBSCRIPTION PERIODS UNLESS AND UNTIL YOU CANCEL IT OR WE TERMINATE IT. YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION IS CONTINUOUS UNTIL CANCELLED AND THAT YOUR PAYMENT METHOD WILL BE CHARGED AUTOMATICALLY WITHOUT FURTHER AUTHORIZATION FROM YOU. PRICE CHANGES: WE RESERVE THE RIGHT TO CHANGE SUBSCRIPTION FEES AT ANY TIME UPON REASONABLE NOTICE (WHICH MAY BE PROVIDED VIA EMAIL OR PROMINENTLY DISPLAYED WITHIN THE APP). PRICE CHANGES WILL TAKE EFFECT AT THE START OF THE NEXT SUBSCRIPTION PERIOD FOLLOWING THE NOTICE. YOUR CONTINUED USE OF THE SUBSCRIPTION AFTER THE PRICE CHANGE BECOMES EFFECTIVE CONSTITUTES YOUR AGREEMENT TO PAY THE MODIFIED AMOUNT. IF YOU DO NOT AGREE TO THE PRICE CHANGE, YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE RENEWAL DATE TO AVOID BEING CHARGED THE NEW RATE. BILLING CYCLE: Subscription Periods are based on calendar months or years from the date of initial purchase (or the end of the Trial Period). Renewal Dates are fixed based on this cycle. PAYMENT PROCESSING: All payments are processed by third-party payment and subscription processors (e.g., Apple App Store, Google Play Store, and RevenueCat as subscription management infrastructure). You agree to abide by the relevant processor's terms. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR PROCESSOR ERRORS, OUTAGES, DELAYS, OR SECURITY INCIDENTS.
• 19.4. Cancellation and Refunds: CANCELLATION BY YOU: You may cancel your Subscription at any time through your account settings within the App or via the platform store (Apple App Store, Google Play Store) where you made the purchase. CANCELLATION MUST BE COMPLETED AT LEAST 24 HOURS BEFORE THE NEXT RENEWAL DATE TO AVOID BEING CHARGED FOR THE NEXT PERIOD. NO REFUNDS: EXCEPT AS REQUIRED BY APPLICABLE LAW OR EXPLICITLY STATED OTHERWISE (E.G., THE EU CONSUMER RIGHT OF WITHDRAWAL DESCRIBED BELOW), ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE. This includes partial periods after cancellation during an active billing cycle and unused portions of a Subscription Period. Cancellation stops future charges but does not trigger refunds for the current period. EU Consumers – Right of Withdrawal: If you are a consumer residing in the European Union, you typically have a statutory 14-day right of withdrawal ("cooling-off period") from the date of purchase of a digital service. HOWEVER, YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT BY REQUESTING AND INITIATING IMMEDIATE ACCESS TO THE SUBSCRIPTION CONTENT DURING THIS 14-DAY PERIOD, AND BY EXPRESSLY CONSENTING AT THE POINT OF PURCHASE TO IMMEDIATE PERFORMANCE, YOU ACKNOWLEDGE THAT YOU THEREBY LOSE YOUR RIGHT OF WITHDRAWAL TO THE EXTENT PERMITTED BY LAW. If you do not use the service during the 14 days and cancel within that period, you may be entitled to a full refund. CANCELLATION BY US: We reserve the right to cancel, suspend, or terminate your Subscription (and access to Subscription features) at any time for any reason, including violation of these Terms or suspected fraud. If we cancel your Subscription for reasons other than your breach, we may provide a prorated refund for the unused portion of the current Subscription Period at our sole discretion. Platform-specific refund policies (e.g., Apple App Store, Google Play Store) may also apply to purchases made through their respective platforms; refund requests for such purchases must generally be directed to the applicable App Provider.
• 19.5. Access Upon Termination/Cancellation: Upon cancellation (by you or us) or non-payment, your access to Subscription-specific features will terminate at the end of the Subscription Period you have already paid for. You will revert to any free tier of the Service available at that time.
• 19.6. Taxes: You are responsible for paying all applicable sales, use, GST, VAT, or other transaction taxes related to your Subscription, as required by law. We may add tax to the fee if obligated.

20. REFERRAL & AFFILIATE PROGRAM

• 20.1. Program Overview. CalPal AI offers a voluntary referral program ("Referral Program") allowing users to earn subscription rewards by referring others to the Service. Participation is governed by these Terms and any supplementary Influencer Agreement or affiliate documentation.
• 20.2. Eligibility & Participation. You must be at least 18 years old, in good standing, and not in violation of these Terms to participate. Participation is at CalPal's sole discretion and may be restricted in certain jurisdictions. CalPal reserves the right to suspend or terminate your referral privileges at any time for violation of these Terms or suspected fraud.
• 20.3. How Rewards Are Earned. Rewards are earned when a person you refer (using your unique referral code) completes the designated trigger event. Specific reward terms, conditions, and trigger events are subject to change at CalPal's sole discretion with notice. Both you and the referred user must meet all eligibility requirements for rewards to be credited.
• 20.4. Reward Terms & Conditions. Rewards are issued as non-transferable account credits or subscription benefits with no cash value outside the Service. Rewards cannot be exchanged for money, refunded, or combined with other promotions unless explicitly stated. If you violate these Terms or engage in fraud, all earned and pending rewards are forfeited immediately. CalPal reserves the right to modify, suspend, or terminate the Referral Program and adjust reward amounts with thirty (30) days' notice.
• 20.5. Data Processing. We collect and process referral data (including your referral code, user ID, referee contact information, signup/purchase dates, and reward status) to operate the Referral Program, prevent fraud, and comply with legal obligations. See Section 9 and our Privacy Policy for full details on data collection, retention, and your rights. By participating, you consent to this processing.
• 20.6. Prohibited Activities & Fraud. Referral fraud violations (as listed in Section 7) result in: (a) immediate program termination; (b) forfeiture of all rewards; (c) possible account suspension or deletion; (d) potential liability for damages. CalPal reserves the right to reverse rewards and pursue legal remedies.
• 20.7. Payout Timeline.
  Standard Timeline:
  • Earning Period: Rewards accrue during the calendar month
  • Financial Finalization: Approximately 15–30 days after month-end
  • Payout Issued: Usually 30–45 days after the end of the month
  • Bank/Account Receipt: 1–5 business days after CalPal initiates payout
  
  To the maximum extent permitted by applicable law, total processing time from reward trigger event to your account receipt may take up to 60–90 calendar days. CalPal's payout timeline is contingent upon CalPal's receipt of payments from third-party platforms (Apple App Store, Google Play Store, payment processors). Processing delays may occur due to: fraud investigation, payment processor verification, chargeback disputes, tax documentation issues, third-party app store payment delays, currency conversion delays, regulatory compliance verification, or other circumstances beyond CalPal's control.
  
  Influencers and affiliates are subject to additional payout terms outlined in a separate Influencer Agreement. Delays exceeding the timelines in this section do not constitute a breach of these Terms.
• 20.8. Purchase Cancellations & Refunds. If a referred user cancels their subscription, receives a refund, or initiates a chargeback, any earned rewards may be reversed or withheld. Your final earnings are subject to the actual completion and retention of paid subscriptions by referred users. CalPal has sole discretion in determining reward eligibility.
• 20.9. Termination of Referral Program. CalPal may modify, suspend, or terminate the Referral Program at any time with thirty (30) days' notice. Accrued but unredeemed rewards will be honored for ninety (90) days after termination. Referral Program disputes are governed by the same dispute resolution provisions as these Terms (Sections 17–18).

21. Export Controls & Sanctions Compliance

You represent and warrant that you are not: (a) located in, or a resident or national of, any country or territory subject to comprehensive U.S., EU, UK, or UN sanctions or embargoes; (b) identified on any government list of prohibited, sanctioned, or restricted parties (including the U.S. Treasury OFAC SDN List and the U.S. Commerce Denied Persons List); or (c) otherwise prohibited by applicable export control or sanctions laws from receiving the Service. You agree not to export, re-export, or transfer the Service or any related technology in violation of applicable export control laws.

22. Miscellaneous

• 22.1. Updates. We may modify these Terms at any time. We will notify you via the Service or email of material changes, and where required by applicable law we will provide advance notice and/or obtain consent. Your continued use of the Service after Terms updates constitutes your acceptance of the new Terms. If you do not agree with the updated Terms, you must stop using the Service.
• 22.2. Severability & Reformation. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, modified or reformed to the minimum extent necessary to make it valid and enforceable while preserving the parties' intent, and the remainder of these Terms shall remain in full force and effect.
• 22.3. Waiver. Our failure or delay in enforcing any right or provision is not a waiver of that or any other right or provision.
• 22.4. Assignment. We may assign or transfer these Terms, in whole or in part, without restriction or notice. You may not assign or transfer these Terms or any rights hereunder, and any attempted assignment by you is void.
• 22.5. Entire Agreement. These Terms, the Privacy Policy, and any supplemental terms constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.
• 22.6. Force Majeure. We are not liable for any failure or delay in performance due to events beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, governmental actions, power or internet failures, and failures of third-party providers or infrastructure.
• 22.7. No Third-Party Beneficiaries. Except as expressly provided in Section 12 (App Providers) and with respect to the Company Parties' rights under Sections 6, 13, 14, and 15, these Terms do not confer any rights on any third party.
• 22.8. Interpretation. Headings are for convenience only. "Including" means "including without limitation." No rule of construction shall be applied against the drafting party.
• 22.9. Language. These Terms may be translated for convenience; in case of conflict, the English version controls to the extent permitted by applicable law.
• 22.10. Notices; Contact. Legal notices to us must be sent to legal@calpalai.app. We may provide notices to you via the Service, push notification, or the email associated with your account, and such notice is effective when sent.
• 22.11. Geo-Restrictions. Access may be limited in certain jurisdictions. You access the Service at your own initiative and are responsible for compliance with local laws.