This End User License Agreement (“Agreement”) is between you (“User”) and 3314396 NS Limited (“Licensor,” “we,” “us,” or “our”) and governs your use of the CalorieX application (“Licensed Application”). By downloading, installing, or using the Licensed Application, you agree to be bound by this Agreement. If you do not agree, do not use the Licensed Application.
1. Scope of License
The Licensor grants you a limited, non-transferable, non-exclusive, revocable license to install and use the Licensed Application on Apple-branded products running iOS that you own or control, subject to Apple’s App Store Terms and Conditions and this Agreement. You may not rent, lease, lend, sell, redistribute, sublicense, copy (except as permitted by law), reverse engineer, decompile, or create derivative works of the Licensed Application.
2. Consent to Use of Data
You agree that the Licensor may collect and use technical data and related information—including technical information about your device, system, and application software—that is gathered periodically to improve products and provide updates, support, and other services. Data will be handled in accordance with our Privacy Policy.
3. Health & Nutrition Disclaimer
The Licensed Application is provided for informational and educational purposes only. It is not medical advice and should not be relied upon as such. Always consult with a qualified healthcare professional before making changes to your diet, exercise, or lifestyle.
The Licensed Application has not been evaluated by Health Canada, the U.S. Food and Drug Administration (FDA), or any regulatory body. It is not intended to diagnose, treat, cure, or prevent any disease or condition.
By using the Licensed Application, you acknowledge and agree that you are solely responsible for your own health decisions and assume all risks associated with your use.
4. AI Disclaimer
The Licensed Application may provide nutritional or health-related estimates using artificial intelligence. These estimates are not guaranteed to be accurate and should not replace professional dietary, medical, or nutritional advice. You understand that outputs may be incomplete, inaccurate, or misleading, and you agree to use them at your own discretion.
5. Termination
This Agreement is effective until terminated by you or the Licensor. Your rights under this Agreement will terminate automatically without notice if you fail to comply with its terms. Upon termination, you must cease all use of the Licensed Application and delete all copies.
6. External Services and Third-Party Materials
The Licensed Application may enable access to third-party services and websites. Use of such services is at your own risk, and the Licensor is not responsible for their content, accuracy, or availability. The Licensor is not responsible for any outputs or data generated by third-party AI or API services integrated into the Licensed Application.
7. No Warranty
You expressly acknowledge and agree that use of the Licensed Application is at your sole risk. To the maximum extent permitted by law, the Licensed Application is provided “as is” and “as available,” with all faults and without warranty of any kind. The Licensor disclaims all warranties and conditions, express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8. Limitation of Liability
To the extent not prohibited by law, in no event shall the Licensor be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including but not limited to loss of profits, loss of data, or business interruption, arising from your use of the Licensed Application. In no event shall the Licensor’s total liability exceed fifty dollars ($50.00). Some jurisdictions do not allow limitations on personal injury claims, so these limits may not apply to you.
9. Indemnification
You agree to indemnify, defend, and hold harmless the Licensor and its affiliates, officers, employees, and contractors from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or related to your misuse of the Licensed Application or violation of this Agreement.
10. Governing Law
This Agreement and your use of the Licensed Application shall be governed by and construed in accordance with the laws of the Province of Nova Scotia, Canada, and the federal laws of Canada applicable therein, without regard to conflict of law principles.
11. Entire Agreement
This Agreement constitutes the entire agreement between you and the Licensor regarding the Licensed Application and supersedes all prior or contemporaneous understandings. If any provision is held invalid, the remaining provisions will remain in full force and effect.