End User License Agreement

Software License Agreement for CalEye Mobile Application

Effective Date: January 2025

1. Acceptance of License

This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and CalEye for the CalEye mobile application software ("Software"), which includes computer software and associated media, printed materials, and online or electronic documentation.

By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, please do not install or use the Software.

2. License Grant

Subject to the terms and conditions of this EULA, CalEye grants you a limited, non-exclusive, non-transferable, revocable license to:

  • Download, install, and use the Software on your compatible mobile devices
  • Use the Software for personal, non-commercial purposes
  • Access and use the features and services provided by the Software

This license is granted only to you personally and may not be transferred, assigned, or sublicensed to any third party.

3. Restrictions on Use

You may NOT:

  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software
  • Modify, adapt, alter, translate, or create derivative works of the Software
  • Remove, alter, or obscure any proprietary notices on the Software
  • Use the Software for any commercial purposes without express written permission
  • Distribute, sell, lease, rent, or sublicense the Software to third parties
  • Use the Software in any manner that violates applicable laws or regulations
  • Attempt to circumvent any security measures or access controls
  • Use automated systems, bots, or scripts to interact with the Software
  • Interfere with or disrupt the Software's functionality or servers

4. Installation and System Requirements

System Requirements

The Software requires:

  • iOS 13.0 or later for iOS devices
  • Android 7.0 (API level 24) or later for Android devices
  • Internet connection for full functionality
  • Camera access for food photo recognition
  • Sufficient storage space for the application and user data

Installation

You are responsible for ensuring your device meets the minimum system requirements. CalEye is not liable for performance issues related to incompatible devices or operating systems.

5. Updates and Modifications

CalEye may provide updates, patches, bug fixes, or other modifications to the Software ("Updates"). Updates may be automatically downloaded and installed without additional notice to you.

By accepting this EULA, you consent to automatic updates. You acknowledge that:

  • Updates may change Software functionality
  • Some features may be added, modified, or removed
  • Older versions may become unsupported
  • Updates are subject to the terms of this EULA

If you do not wish to receive automatic updates, you may disable this feature in your device settings, though this may limit Software functionality.

6. App Store Terms

Third-Party App Stores

If you download the Software from a third-party app store (such as Apple App Store or Google Play Store), you acknowledge that:

  • This EULA is between you and CalEye, not the app store provider
  • The app store provider has no obligation to provide maintenance or support
  • App store terms and conditions also apply to your download and use
  • The app store provider is a third-party beneficiary of this EULA

In-App Purchases

The Software may offer in-app purchases for premium features. All purchases are subject to the app store's terms and refund policies. CalEye is not responsible for app store billing or refund processes.

7. Ownership and Intellectual Property

CalEye retains all rights, title, and interest in and to the Software, including:

  • All intellectual property rights
  • Proprietary algorithms and AI models
  • User interface design and graphics
  • Food database and nutritional information
  • Trademarks, logos, and brand elements

This EULA grants you only a license to use the Software; it does not transfer ownership rights to you.

8. User-Generated Content

You retain ownership of content you create using the Software (such as food photos and meal logs). However, by using the Software, you grant CalEye:

  • A worldwide, royalty-free license to use your content for service provision
  • Rights to process your content for AI model training and improvement
  • Permission to create anonymized, aggregated data for analytics
  • Rights to use content for customer support purposes

You represent that you have all necessary rights to the content you upload and that such content does not violate any third-party rights.

9. Privacy and Data Collection

The Software collects and processes personal information as described in our Privacy Policy. By using the Software, you consent to such collection and processing.

The Software may collect:

  • Account information and preferences
  • Food photos and meal data
  • Usage analytics and performance data
  • Device information and technical logs

For complete details on data collection, use, and your rights, please review our Privacy Policy.

10. Disclaimers and Warranties

The Software is provided "as is" without warranties of any kind, express or implied.

CalEye disclaims all warranties, including but not limited to:

  • Warranties of merchantability and fitness for a particular purpose
  • That the Software will be error-free or uninterrupted
  • That food recognition will be completely accurate
  • That nutritional information is suitable for your specific needs
  • That the Software will meet your requirements

CalEye is not a medical device and should not be used as a substitute for professional medical advice, diagnosis, or treatment.

11. Limitation of Liability

To the maximum extent permitted by law, CalEye shall not be liable for:

  • Any indirect, incidental, special, or consequential damages
  • Loss of profits, data, or business opportunities
  • Health issues arising from reliance on the Software
  • Inaccuracies in food recognition or nutritional calculations
  • Damages resulting from unauthorized access to your account
  • Software malfunctions or compatibility issues

Our total liability to you shall not exceed the amount you paid for the Software in the twelve (12) months preceding the claim.

12. Termination

Termination by CalEye

We may terminate this license immediately if you:

  • Breach any terms of this EULA
  • Use the Software for illegal purposes
  • Attempt to circumvent license restrictions
  • Engage in conduct harmful to other users

Effect of Termination

Upon termination:

  • Your license to use the Software ends immediately
  • You must uninstall the Software from all devices
  • We may disable your access to our servers
  • Certain provisions of this EULA will survive termination

13. General Provisions

Governing Law

This EULA shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of law principles.

Dispute Resolution

Any disputes arising under this EULA shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization].

Entire Agreement

This EULA constitutes the entire agreement between you and CalEye regarding the Software and supersedes all prior agreements.

Severability

If any provision of this EULA is found to be unenforceable, the remainder shall continue in full force and effect.

Contact Information

For questions about this EULA or the Software, please contact us at:

Email: legal@caleye.fit
Support: hello@caleye.fit