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Terms of Service

Last updated: July 2026

This End User License Agreement ("Agreement") is a legal contract between you ("End-User" or "you") and Membri ("Application Provider", "we", "us", or "our") for the mobile application CountMyCal (the "Licensed Application").

CountMyCal is an AI photo food logging app that estimates calories and macros, with portion controls and daily tracking. By downloading, installing, or using the Licensed Application, you agree to be bound by this Agreement. If you do not agree, do not download, install, or use the Licensed Application.

1. Apple's Role

This Agreement is concluded between you and the Application Provider only, and not with Apple Inc. ("Apple"). The Application Provider, not Apple, is solely responsible for the Licensed Application and its content. Apple has no obligation to furnish any maintenance or support services with respect to the Licensed Application.

In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Application Provider.

Apple is not responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

2. Scope of License

Subject to your compliance with this Agreement, the Application Provider grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Licensed Application on Apple-branded devices that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

You may not:

3. The Licensed Application

CountMyCal includes the following features and services:

We may update, modify, suspend, or discontinue any feature at any time. Beta, experimental, or preview features may be less reliable and are provided without guarantee of continued availability.

4. Eligibility

You must be at least 13 years old to use CountMyCal, or the minimum age required in your jurisdiction, whichever is higher. If you are under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to this Agreement on your behalf.

You are responsible for maintaining the security of your device and Apple ID, and for all activity that occurs through your use of the Licensed Application.

5. User Content

5.1 Your Content

You retain ownership of meal photos, food logs, goals, and text you submit you submit through CountMyCal ("User Content"). By submitting User Content, you grant the Application Provider a worldwide, non-exclusive, royalty-free license to host, process, reproduce, and display User Content solely to operate, maintain, and improve the Licensed Application.

5.2 Prohibited Content

You agree not to submit User Content that:

We may remove User Content and suspend or terminate access if we reasonably believe you have violated this Agreement.

6. AI-Generated Content

CountMyCal may use artificial intelligence to generate calorie and macro estimates ("AI Outputs"). AI Outputs are provided for informational and assistive purposes only. They may be inaccurate, incomplete, or inappropriate.

You are solely responsible for evaluating AI Outputs before relying on them. AI Outputs do not constitute medical, clinical, or professional nutritional advice. Do not use CountMyCal as a substitute for qualified professional guidance.

7. Subscriptions, Paywalls, and In-App Purchases

7.1 Subscriptions and Paywalls

CountMyCal is offered on a freemium basis: free to download with optional paid features, subscriptions, or one-time purchases. Certain features may only be available behind a paywall. Subscription offers, pricing, trial length, and renewal terms are presented to you through in-app paywalls (including those managed by Superwall) and in the App Store before you complete a purchase.

The specific terms shown on the paywall at the time you subscribe, including price, billing period, trial duration, and any stated notification policy, apply to that offer. You are responsible for reviewing the paywall and App Store purchase sheet before confirming any transaction. Payment is processed by Apple through your Apple ID.

7.2 Free Trials

CountMyCal may offer free trials for subscriptions. When you start a free trial, you will not be charged until the trial period ends, unless you cancel before it expires. Subscriptions automatically renew at the end of the trial unless you cancel at least 24 hours before the trial ends. You can manage or cancel subscriptions in your Apple ID account settings.

Trial-end notifications. During a free trial, you may receive a reminder before your trial ends only if the paywall you accepted explicitly states that you will be notified. If the paywall does not mention trial-end notifications, you will not receive them from us.

If the paywall states that you will receive trial-end notifications but you do not have notifications enabled for CountMyCal on your device (including iOS system notification settings), we are not responsible for any failure to deliver those reminders. Enabling notifications is your responsibility.

No refunds for trial cancellation. Cancelling during or after a free trial does not entitle you to a refund. Once a paid billing period begins following a trial, charges are subject to Apple's refund policies, contact Apple Support for refund requests related to App Store purchases.

7.3 Billing and Renewals

Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. Renewal charges are applied to the payment method linked to your Apple ID. We may use third-party services such as Superwall to present subscription offers within the app. Your use of those services is subject to their respective terms.

8. Maintenance and Support

The Application Provider is solely responsible for providing maintenance and support for the Licensed Application. For support requests, visit our CountMyCal support page or email falete1380@gmail.com.

Apple has no obligation to provide maintenance or support services for the Licensed Application.

9. External Services

The Licensed Application may enable access to third-party services, websites, or content ("External Services"). You use External Services at your sole risk. The Application Provider is not responsible for examining or evaluating External Services and is not liable for any External Services.

External Services may include AI providers (for photo nutrition estimates), analytics services, and Apple iCloud. Your use of External Services is governed by the third party's terms and privacy policies.

10. Privacy and Data Use

Your use of CountMyCal is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Licensed Application, you consent to the data practices described in the Privacy Policy.

You acknowledge that the Application Provider may collect and use technical data and related information, including device type, operating system, and usage statistics, that is gathered periodically to facilitate software updates, product support, and improvements to the Licensed Application.

11. Intellectual Property

The Licensed Application, including its software, design, trademarks, and documentation, is owned by the Application Provider or its licensors and is protected by copyright and other intellectual property laws. Except for the limited license granted in Section 2, no rights are transferred to you.

12. Acceptable Use

You agree to use CountMyCal only for lawful purposes and in accordance with this Agreement. You will not:

13. Export Compliance

You may not use or export the Licensed Application except as authorized by applicable law. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE APPLICATION PROVIDER DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE APPLICATION PROVIDER DOES NOT WARRANT THAT THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.

15. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF THE APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE APPLICATION PROVIDER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID FOR THE LICENSED APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY EUROS (€50), WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

16. Indemnification

You agree to indemnify, defend, and hold harmless the Application Provider and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your User Content, your use of the Licensed Application, or your breach of this Agreement.

17. Termination

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term. Upon termination, you must cease all use of the Licensed Application and delete all copies from your devices.

We may suspend or terminate your access at any time if we reasonably believe you have violated this Agreement or applicable law. Sections that by their nature should survive termination, including Sections 5, 11, 14, 15, and 16, will remain in effect.

18. Governing Law

This Agreement is governed by the laws of Spain, without regard to conflict-of-law principles. The courts of Spain shall have exclusive jurisdiction over disputes arising from this Agreement, except where mandatory consumer protection laws in your country of residence require otherwise.

19. Changes to This Agreement

We may modify this Agreement at any time. We will publish the updated version on this page and update the "Last updated" date at the top of this page. For material changes, we will provide reasonable advance notice (for example, through CountMyCal or this website). If you do not agree, you must stop using the Licensed Application and uninstall it. Your continued use of CountMyCal after changes take effect constitutes acceptance of the revised Agreement.

20. Contact Information

For questions about this Agreement, legal notices, or product claims, please visit our CountMyCal support page.

Related documents: Privacy Policy · Terms of Service · membri Terms

By using CountMyCal, you acknowledge that you have read, understood, and agree to be bound by this Agreement.