Terms of Service

Agreement & Parties

These Terms of Service and Licensed Application End User License Agreement ("Terms" or "EULA") constitute a legally binding agreement between you ("User" or "you") and Cyborgate ("Licensor," "we," "us," or "our") governing your access to and use of the Cal AI mobile application (the "Licensed Application" or "App").

By downloading, installing, launching, or using Cal AI, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not install or use the App.

Apple Acknowledgment: You and Cyborgate acknowledge that this EULA is concluded between you and Cyborgate only, and not with Apple Inc. ("Apple"). Cyborgate, not Apple, is solely responsible for the Licensed Application and its content. This agreement incorporates by reference Apple's Standard Licensed Application EULA terms.

Medical & Nutritional Advice Disclaimer

IMPORTANT HEALTH NOTICE: Cal AI is designed solely as an informational, dietary tracking, and personal wellness tool. Cal AI is NOT a medical device, and the content provided within the App does not constitute medical advice, clinical diagnosis, or nutritional therapy.

• Consult Healthcare Professionals: Always consult with a physician, registered dietitian, or qualified healthcare professional before commencing any new diet, fitness regimen, or caloric deficit/surplus program.
• Eating Disorders & Health Conditions: If you have a history of eating disorders, diabetes, kidney disease, pregnancy, or any medical condition affected by dietary intake, you should use Cal AI only under professional medical guidance.
• AI Estimation Disclaimers: Caloric, macronutrient, and portion estimates generated by AI computer vision or barcode databases are approximations. Actual nutritional content may vary based on specific cooking methods, brands, and ingredients.

Scope of License

Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Licensed Application on Apple-branded products running iOS that you own or control, strictly as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

Except as permitted by applicable law or Apple's Usage Rules (such as Family Sharing), you may not:

• Copy, modify, reverse engineer, decompile, or disassemble the App.
• Distribute, lease, rent, loan, sell, or sublicense the App to any third party.
• Bypass or circumvent any technological protection measures or digital rights management systems.
• Use the App in any manner that impairs, overburdens, or disrupts our AI inference servers or networks.

Subscriptions, Free Trials & Payments

Cal AI offers free basic tracking functionality along with optional premium upgrades ("Cal AI Pro") available via In-App Purchases:

• Yearly Subscription: Includes a 7-day free trial. You will not be charged if you cancel at least 24 hours prior to the trial conclusion. After the trial, the annual fee is charged to your Apple ID.
• Monthly Subscription: Billed on a recurring monthly cycle to your Apple ID account.
• Lifetime Access: A one-time purchase granting perpetual access to Cal AI Pro features for the lifetime of the application.

Auto-Renewal & Cancellation: Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current billing period. You can manage or cancel your subscription at any time in your iOS Account Settings (Settings > [Your Name] > Subscriptions).

Refunds: All purchase transactions and refund requests are governed exclusively by Apple's payment policies. To request a refund, visit reportaproblem.apple.com.

Maintenance, Support & Product Claims

Cyborgate is solely responsible for providing maintenance and customer support for the App. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.

Cyborgate, not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use thereof, including: (i) product liability claims; (ii) any claim that the App fails to conform to applicable legal or regulatory requirements; and (iii) claims arising under consumer protection or privacy legislation.

Intellectual Property Rights

The Licensed Application, including its user interface, visual designs, avocado branding, logo, code, graphics, algorithms, and documentation, is the exclusive proprietary property of Cyborgate and is protected by international copyright, trademark, and intellectual property laws.

In the event of any third-party claim that the Licensed Application or your possession and use of the App infringes that third party's intellectual property rights, Cyborgate, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Legal Compliance & US Export Controls

You represent and warrant that:

• You are not located in a country that is subject to a U.S. Government embargo, or designated as a "terrorist supporting" country.
• You are not listed on any U.S. Government list of prohibited or restricted parties.

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. CYBORGATE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CYBORGATE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR HEALTH COMPLICATIONS) ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION.

In no event shall Cyborgate's total liability to you for all damages exceed the amount actually paid by you for the App or subscription in the twelve (12) months preceding the claim.

Third-Party Beneficiary (Apple)

You and Cyborgate acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. Any legal suit or action arising out of these Terms shall be instituted exclusively in the courts of England and Wales.

Contact Information

For questions, legal inquiries, or support requests regarding this EULA, please contact:

Cyborgate Development Team
21 Burlington Road, Birmingham, England, B10 9PT
Email: contact@cyborgate.uk
Website: https://cyborgate.uk