CalScan AI — Terms of Service

1. Introduction & Acceptance

Welcome to CalScan AI. The CalScan AI mobile application and any related services (collectively, the “App”) are developed and operated by CRX Universal LLC (“Company,” “we,” “us,” “our”).

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” “your”) and the Company. These Terms govern your access to and use of the App. By downloading, installing, accessing, or using the App, you signify that you have read, understood, and agree to be bound by these Terms in their entirety.

Your use of the App is also governed by our Privacy Policy and Cookie Policy, which are incorporated herein by reference. You must review these policies to understand our data collection and use practices. If you do not agree to these Terms or any of our incorporated policies, you are not permitted to use the App and must immediately cease all use and uninstall it from your device.

2. Definitions

• App: The CalScan AI mobile application, including any updates, new versions, related websites, software, APIs, and services provided by the Company.
• Service: All functionalities, features, tools, content, and information provided to you through the App.
• User Content: Any and all data, including but not limited to images, photographs, text, and other information that you submit, upload, or transmit to the Service.
• Subscription: A paid, auto-renewing plan that provides access to premium features of the Service for a specified billing cycle.
• Healthy Eating Score (HES): the proprietary, algorithmically-generated nutritional rating output by the App.
• Intellectual Property Rights: All patent rights, copyright rights, trademark rights, trade secret rights, database rights, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide.
• Force-Majeure Event: Any event beyond a party's reasonable control, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, labor disputes, or failure of public utilities or transport networks.

3. Eligibility

You represent and warrant that you are at least sixteen (16) years of age (or fourteen (14) years of age if you reside in Spain). If you are under the age of majority in your jurisdiction, you represent that you have obtained verifiable consent from your parent or legal guardian to enter into this agreement. The App is not intended for individuals under the specified ages.

You further warrant that you have the legal capacity to enter into a binding contract and that your use of the Service is and will be in full compliance with all applicable local, state, national, and international laws, rules, and regulations.

4. Account Creation & Security

To access most features of the Service, you must register for an account. When you register, you agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials (e.g., your password). You agree to accept responsibility for all activities that occur under your account.

You must notify us immediately of any suspected or actual unauthorized use of your account or any other breach of security by emailing support@calscanai.com. We are not liable for any loss or damage arising from your failure to comply with these requirements.

5. Description of Services

5.1 AI-Powered Nutrition Analysis

The App provides an automated analysis of food images to estimate nutritional information. This analysis is generated by complex AI models. You acknowledge that AI systems are probabilistic and their outputs may contain errors, inaccuracies, or misidentifications. The quality of the analysis depends heavily on the quality of the image you provide.

5.2 AI Transparency Notice

In accordance with Article 52 of the EU AI Act, you are hereby formally informed that when you submit User Content for analysis, you are interacting with an artificial intelligence system. The purpose of this system is to generate nutritional estimates, not to provide factual certainties.

5.3 No Medical Advice Disclaimer

The Service is intended for informational and educational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. The nutritional data provided has not been evaluated by the U.S. Food and Drug Administration or any other medical body. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition or before making any significant changes to your diet or lifestyle.

5.4 Licence to Your User Content

You retain all ownership rights to your User Content. However, by submitting User Content to the Service, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, create derivative works from, communicate, publish, and distribute such User Content. This license is for the limited purpose of operating, providing, developing, and improving the Service, including training our AI models. This license continues even if you stop using our Service. We will not sell your personally identifiable User Content to third parties.

5.5 Third-Party Services

The Service integrates or relies on services from third-party providers such as Amazon Web Services (cloud hosting), Google Analytics (analytics), Firebase (backend infrastructure), and OpenAI (AI models) (“Third-Party Services”). Your use of the App constitutes your agreement to be bound by the terms of these providers. We do not control and are not responsible for these Third-Party Services, their content, or their data practices.

6. Subscriptions & Payment

We offer optional subscription plans that provide access to enhanced features. All payments are processed through the respective mobile platform (Apple App Store or Google Play Store). By purchasing a Subscription, you agree to the pricing and payment terms displayed at the time of purchase.

• Billing & Automatic Renewal: Subscriptions are billed in advance on a recurring basis. Your Subscription will automatically renew at the end of each billing cycle unless you cancel it through your app store account settings at least 24 hours before the renewal date.
• Price Changes: We reserve the right to change our subscription fees. We will provide you with reasonable prior notice of any price changes. Your continued use of the Subscription after the price change comes into effect constitutes your agreement to pay the modified fee.

6.1 EU/UK Right of Withdrawal

For consumers in the European Union or United Kingdom, you have a legal right to withdraw from a Subscription purchase within 14 days of the initial purchase. To exercise this right, you must use the refund request mechanism provided by Apple or Google for your transaction. Please note that if you access or use any premium features during this 14-day period, you acknowledge that you are requesting immediate performance of the contract and waive your right of withdrawal for the portion of the service already provided.

7. Cancellation & Refunds

You may cancel your Subscription at any time. To cancel, you must manage your subscriptions directly within your Apple App Store or Google Play Store account settings. Cancellation will be effective at the end of the current paid billing period, and you will retain access to premium features until that date.

Except as required by law (such as the EU/UK Right of Withdrawal) or as mandated by the policies of Apple or Google, all purchases are final and non-refundable. We do not provide refunds or credits for any partial subscription periods or unused services.

8. Acceptable-Use Policy

You agree not to use the Service for any unlawful purpose or in any way that could harm the Service, our users, or any third party. Prohibited activities include, but are not limited to:

• Uploading or transmitting any content that is illegal, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable.
• Distributing viruses, malware, or any other malicious code.
• Attempting to reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying AI models of the App.
• Using any automated system, such as "bots" or "scrapers," to access or extract data from the Service without our express written consent.

We reserve the right to investigate and take appropriate action, including removing content or suspending/terminating your account without notice, if we, in our sole discretion, determine that you have violated this policy. For users in the EU, you may appeal content removal decisions under DSA Article 20 by emailing support@calscanai.com with the subject line “DSA Appeal”.

9. End-User Licence Agreement (EULA)

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use one copy of the App on a mobile device that you own or control, solely for your own personal, non-commercial use.

All rights not expressly granted to you are reserved by the Company. All Intellectual Property Rights in the App and the Service remain the exclusive property of CRX Universal LLC and its licensors. Any breach of this EULA will result in the immediate and automatic termination of your license.

The HES algorithm, scoring methodology, and any derivative scores are the confidential and proprietary trade secrets of CRX Universal LLC. You may not analyse, decompile, reproduce, publish, or create a competing scoring system based on HES without our prior written consent.

10. Disclaimers & Limitation of Liability

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CRX UNIVERSAL LLC, ITS AFFILIATES, OFFICERS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF FIFTY EUROS (€50.00) OR THE TOTAL AMOUNT YOU PAID US IN SUBSCRIPTION FEES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless CRX Universal LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Service, (ii) your User Content, or (iii) your breach or alleged breach of these Terms.

12. Third-Party Beneficiary

You acknowledge that these Terms are concluded between you and the Company only, and not with Apple Inc. or Google LLC. However, you acknowledge and agree that Apple Inc., Google LLC, and their respective subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of the Terms, they will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as third-party beneficiaries thereof.

13. Assignment

We may assign or transfer our rights and obligations under these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent, and any attempted assignment without such consent will be void.

14. Force-Majeure

We shall not be liable for any delay or failure to perform resulting from a Force-Majeure Event. We will use reasonable efforts to mitigate the effect of any Force-Majeure Event. Performance will resume as soon as reasonably practicable after the Force-Majeure Event ends.

15. Export Controls

The App may be subject to U.S. export and re-export control laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

16. Severability, Waiver & Entire Agreement

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire and exclusive understanding and agreement between you and the Company regarding the Service.

17. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Laramie County, Wyoming, and the parties irrevocably consent to the personal jurisdiction and venue therein.

Notwithstanding the foregoing, if you are a consumer resident in the EU/EEA, you may bring proceedings in the courts of the country where you reside. Furthermore, before filing a formal claim, you agree to attempt to resolve the dispute informally by contacting us first.

18. Changes to Terms

We reserve the right, in our sole discretion, to modify or replace these Terms at any time. We will provide at least fourteen (14) days’ advance notice of any material changes, which will be sent to your registered e-mail address and/or communicated via an in-app banner. What constitutes a "material change" will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

19. Contact Information

For any questions, concerns, or notices related to these Terms, please contact us: