Terms of Use - Kcal AI

INTRODUCTION

These Terms of Use and End User License Agreement (collectively, the "Agreement"), together with all the documents referred to in it, constitute a legally binding agreement made between you as a natural person and Kcal AI regarding the use of Kcal AI mobile applications, and all other related services, features, functions, software, websites, applications and networks (the "Services").

By downloading, installing, or otherwise accessing or using the Services, you agree that you have read and understood, and, as a condition to your use of the Services, you agree to be bound by, the following terms and conditions, including the additional terms referenced herein and/or available by hyperlink. If you are not eligible, or do not agree to the terms, then you do not have our permission to use the Services. Your use of the Services is also subject to our Privacy Policy.

ACCEPTANCE OF TERMS

By accessing and using this application, you accept and agree to be bound by the terms and provision of this agreement. Additionally, when using this application's particular services, you shall be subject to any posted guidelines or rules applicable to such services.

ELIGIBILITY

You must be at least 13 years of age to use the Services. If you are 13 or older but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

DESCRIPTION OF SERVICE

Kcal AI is a mobile application that uses artificial intelligence to help users track their calorie intake, monitor nutritional information, and achieve their health goals. The application provides various features including food recognition, calorie counting, nutritional analysis, and personalized recommendations.

APPLE HEALTHKIT INTEGRATION

Kcal AI may provide a function to sync walking step count and calorie consumption data from your Apple Health app (hereinafter referred to as "HealthKit Data"), which is subject to your prior active authorization. The integration and use of this function shall comply with the following rules:

Authorization and Data Scope

You may independently manage the authorization of Kcal AI to access HealthKit Data through Apple's official system settings (path: Settings > Privacy & Security > Health > Kcal AI). Kcal AI will only request access to the two types of data mentioned above (walking steps and calories) and will not apply for permission to access other health information in Apple Health (such as heart rate, sleep data, medical records, or weight). Authorization for this function is voluntary—you may choose to enable or disable it, and declining authorization will not affect your use of Kcal AI's core services (including but not limited to food recognition, manual calorie counting, and nutritional analysis).

Use Limitation of HealthKit Data

The HealthKit Data accessed by Kcal AI is solely used for display purposes within the app: specifically, it will be presented in the "Health Data" section of Kcal AI as daily or historical records of walking steps and calorie consumption. This data will not be used for any other purposes, including but not limited to generating personalized recommendations, analyzing user behavior, integrating with other functions of Kcal AI (e.g., linking to food intake data), or commercial activities (e.g., advertising, user profiling).

User Control Over Authorization

You retain full control over the authorization of HealthKit Data. At any time, you may revoke or adjust the access permission through Apple's system settings (path: Settings > Privacy & Security > Health > Kcal AI). Upon revocation:

• Kcal AI will immediately stop accessing new HealthKit Data from your Apple Health app;
• The historical HealthKit Data previously synced and displayed in Kcal AI will no longer be updated, and such displayed content will be automatically cleared after you restart the app.

Third-Party Responsibility

The storage, protection, and management of HealthKit Data in Apple Health are governed by Apple's official Terms and Conditions and Privacy Policy. Kcal AI has no right to access, modify, or control any data in Apple Health beyond the authorized scope (i.e., walking steps and calorie consumption), and shall not be liable for any issues arising from Apple Health's data management (including but not limited to data inaccuracies, delays in data synchronization, or unauthorized access to Apple Health by third parties). For questions about Apple Health's own functions or data security, please contact Apple's official customer support.

ACCOUNTS AND REGISTRATION

To access most features of the Services, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.

You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at service@kcalai.com.

SUBSCRIPTION SERVICES AND BILLING

Kcal AI offers subscription-based premium features. Some parts of the Services are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a regular basis, typically monthly or yearly.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Kcal AI cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Kcal AI customer support team.

A valid payment method, including credit card or other payment method accepted by the applicable app store, is required to process the payment for your Subscription. You shall provide Kcal AI with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information.

Payment will be charged to your iTunes Account at confirmation of purchase. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.

FREE TRIAL

Kcal AI may offer a free trial subscription for a limited period of time. You may be required to enter your billing information in order to sign up for the free trial. If you do enter your billing information when signing up for a free trial, you will not be charged until the free trial has expired. On the last day of the free trial period, unless you cancelled your subscription, you will be automatically charged the applicable subscription fee for the type of subscription you have selected.

REFUNDS

Except when required by law, paid subscription fees are non-refundable, and we do not provide refunds or credits for any partial subscription periods. To request a refund, please contact Apple directly through the App Store.

PRIVACY POLICY

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Services, to understand our practices.

USER CONTENT

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

KCAL AI END-USER LICENSE AGREEMENT

These terms and conditions legally create an agreement between you, as the user, and KCal AI. Please read all terms and conditions and further service scope carefully. By continuing you agree with our terms as set out under KCal AI End-user License Agreement and Privacy Policy.

LICENSED APPLICATION END USER LICENSE AGREEMENT

PROHIBITED USES

You may not use our Service:

• For any unlawful purpose or to solicit others to perform unlawful acts
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service
• To collect or track the personal information of others
• To spam, phish, pharm, pretext, spider, crawl, or scrape
• For any obscene or immoral purpose
• To interfere with or circumvent the security features of the Service or any related website

INTELLECTUAL PROPERTY RIGHTS

The Service and its original content, features and functionality are and will remain the exclusive property of Kcal AI and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

USER REPRESENTATIONS

By using the Services, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete
• You will maintain the accuracy of such information and promptly update such registration information
• You have the legal capacity and you agree to comply with these Terms of Use
• You are not a minor in the jurisdiction in which you reside
• You will not access the Services through automated or non-human means
• You will not use the Services for any illegal or unauthorized purpose
• Your use of the Services will not violate any applicable law or regulation

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions.

SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

• Monitor the Services for violations of these Terms of Use
• Take appropriate legal action against anyone who violates the law or these Terms of Use
• Remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
• Otherwise manage the Services in a manner designed to protect our rights and property

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON.

If you wish to terminate your account, you may simply discontinue using the Services and cancel your subscription through the App Store.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

GOVERNING LAW

These Terms shall be interpreted and governed by the laws of the jurisdiction in which Kcal AI operates, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and each a "Party") shall be commenced or prosecuted in the state and federal courts located in [Jurisdiction], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

Medical Disclaimer: Kcal AI is not intended to provide medical advice, diagnosis, or treatment. The information provided by the application is for informational and educational purposes only. Always consult with a healthcare professional before making significant changes to your diet or exercise routine. Do not disregard professional medical advice or delay seeking medical treatment because of information you have read in this application.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES.

USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

CONTACT INFORMATION

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at service@kcalai.com.

These terms are effective as of December 12, 2025