Kalori

Terms of Service

By downloading the Kalori mobile application (the “Service”), you understand and agree to the following Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICE.

  1. Children Under the Age of 13. Children under the age of 13 are prohibited from using the Services or creating an Account unless they are doing so with parental consent or with the consent of a teacher, school, or district who is providing such consent in compliance with COPPA. If we learn that we have collected personal information from a person under the age of 13 that does not comply with COPPA, we will delete that information in a reasonably prudent amount of time. If you believe that a child under the age of 13 has provided personally identifiable information to us, please contact us at legal@kalori.xyz.
  2. Changes to Terms of Use. We reserve the right, in our sole discretion, to change, modify, add, or remove portions of the Terms of Use at any time. We encourage you to review the Terms of Use periodically.
  3. Online Privacy Policy. Kalori Mobile App Privacy Policy describes our practices concerning personal information that you provide or that we may collect in connection with the Service, and by accepting these Terms of Use, you consent to our collection, use, disclosure and transfer of personal information in compliance with our Mobile App Privacy Policy.
  4. Kalori Service. Subject to these Terms of Use, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal use only and as permitted by the features of the Service. Kalori reserves all rights not expressly granted herein in the Service and the Kalori Content (as defined below). Kalori may terminate this license at any time for any reason or no reason.
  5. Kalori Accounts. Your Kalori account gives you access to the Service that we may establish and maintain from time to time and at our sole discretion. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Kalori immediately by email at legal@kalori.xyz of any breach of security or unauthorized use of your account. Kalori will not be liable for any losses caused by any unauthorized use of your account.
  6. Service Rules:
    1. IN THE EVENT OF AN EMERGENCY, CALL YOUR COUNTRY’S EMERGENCY NUMBER IMMEDIATELY. Using Kalori while driving a vehicle is strictly prohibited.
    2. You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (b) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” to access the Service in a manner that sends more request messages to the Kalori servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (c) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (d) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (e) uploading invalid data, viruses, worms, or other software agents through the Service; (f) collecting or harvesting any personal information from the Service; (g) using the Service for any commercial solicitation purposes; (h) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud; (i) interfering with the proper working of the Service; (j) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (k) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
    3. Kalori may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Use, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Use. You are solely responsible for your interactions with other Kalori users. We reserve the right, but have no obligation, to monitor disputes between you and other users. Kalori shall have no liability for your interactions with other users, or for any user’s action or inaction.
  7. Our Proprietary Rights The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (the “Kalori Content”), and all intellectual property rights related thereto, are the exclusive property of Kalori and its licensors. Except as explicitly provided herein, nothing herein shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Kalori Content. Use of the Kalori Content for any purpose not expressly permitted by these Terms of Use is strictly prohibited.
  8. App Store Providers Terms. Apple Inc., Google, Inc., or Microsoft Corporation will be a third-party beneficiary to these Terms of Use if you access the Service using applications developed for Apple iOS, Android, or Microsoft Windows-powered mobile devices, respectively. These third-party beneficiaries are not parties to this agreement and are not responsible for the provision or support of the Service in any manner. Your access to the Service using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service. The following additional terms apply to your use of the Kalori mobile application obtained through the Apple Store:
    1. You will only use the application in connection with a device that you own or control;
    2. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application;
    3. In the event of any failure of the application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’ sole warranty obligation to you will be to refund to you the purchase price, if any, of the application;
    4. You acknowledge and agree that Kalori, and not Apple, is responsible for addressing any claims you may have in relation to the application;
    5. You represent and warrant that you are not located in a country 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; and
    6. Both you and Kalori acknowledge and agree that, in your use of the application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use.
  9. Closing Your Account. You may cancel your Kalori account at any time. To cancel your account, email help@kalori.xyz. Include your name, the email address you registered with, and a phone number where you can be reached. Your account will be canceled within 48 business hours of your cancellation request.
  10. Indemnity. You agree to defend, indemnify and hold harmless Kalori and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of these Terms of Use; (c) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (d) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your Kalori or any that is submitted via your account; or (e) any other party’s access and use of the Service with your unique username, password or other appropriate security code. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim and to reimburse us for the reasonable costs and expenses thereof.
  11. No Warranty. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ANY INFORMATION OR DATA WITHIN THE APPLICATION MAY NOT BE ACCURATE. KALORI IS PROVIDED ‘AS IS’ AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR FOR FAILURE OF PERFORMANCE. KALORI DOES NOT WARRANT THAT THE APPLICATION WILL BE FREE FROM DEFECTS OR ERRORS. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK. BY DOWNLOADING THIS APPLICATION YOU EXPRESSLY AGREE TO HOLD KALORI HARMLESS FROM ANY LOSS, HARM, INJURY, OR DAMAGE WHATSOEVER ARISING FROM OR ARISING OUT OF YOUR USE OF THE SERVICE.
  12. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KALORI, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL KALORI BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KALORI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL KALORI, ITS SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO KALORI HEREUNDER WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KALORI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
  13. Arbitration. For any dispute with Kalori, you agree to first contact us at legal@kalori.xyz and attempt to resolve the dispute with us informally. In the unlikely event that Kalori has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Kalori’s claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted where we so choose unless you and Kalori agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. YOU AGREE THAT BY ENTERING INTO THESE TERMS OF USE, YOU AND KALORI ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND KALORI 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 OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
  14. Contact Us. Please contact us via email at legal@kalori.xyz.