Terms of Service

1. Acceptance of Terms

By accessing or using any part of this website or application ("Service"), you expressly agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you should not access or use the Service. Use of the Service constitutes acceptance of these terms.

2. Service Description

LastCalorie provides digital meal planning tools, nutrition tracking, and educational resources related to nutrition and health ("Service"). The Service may include:

• Digital planners for download
• AI-powered nutrition tracking application
• Educational content about nutrition and health
• Premium subscription features

3. Medical and Health Disclaimer

WE ARE NOT HEALTHCARE PROFESSIONALS. The Service and any information provided are FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY and do not constitute medical advice, diagnosis, or treatment.

• Always consult with a qualified physician or nutritionist before starting any diet, exercise program, or lifestyle change
• Nutritional information provided by AI may contain errors and should not be considered 100% accurate
• Do not disregard professional medical advice or delay seeking it because of something you have read or seen on our Service
• Use of this Service does not create a doctor-patient or healthcare professional-patient relationship

4. No Guarantee of Results

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT that you will achieve any specific results (including but not limited to weight loss, muscle gain, health improvements) through use of our Service. Individual results vary and depend on multiple factors outside our control.

5. User Accounts and Responsibility

• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must be at least 18 years old to use the Service
• You agree to provide accurate and current information
• You may not share, sell, or transfer your account to others

6. Subscriptions, Payments, and Refunds

6.1 Billing

• Subscriptions are billed in advance on a recurring basis (monthly or annually)
• All payments are processed by third-party payment providers (Stripe, RevenueCat)
• You authorize automatic billing to your provided payment method
• Prices are subject to change with 30 days notice

6.2 Cancellation

• You may cancel your subscription at any time through account settings
• Cancellation will take effect at the end of the current billing period
• No refunds will be provided for partially unused billing periods

6.3 Refund Policy

• We offer a 30-day money-back guarantee for digital planner purchases
• For app subscriptions: refunds may be requested within 7 days of initial charge
• Renewed subscriptions are not eligible for refund after the 7-day period
• We reserve the right to deny refunds if abuse or fraud is suspected
• Refunds are processed using the original payment method within 5-10 business days

7. Acceptable Use and Prohibited Conduct

You agree NOT to:

• Use the Service for any illegal or unauthorized purpose
• Violate any local, state, national, or international law
• Reverse engineer, decompile, or disassemble any part of the Service
• Copy, modify, distribute, or create derivative works of the Service
• Use bots, scripts, or automated tools to access the Service
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorized access to systems or networks connected to the Service
• Harass, abuse, or harm another person
• Share content that violates intellectual property rights

8. Intellectual Property

All content, features, trademarks, source code, and intellectual property related to the Service are and will remain the exclusive property of LastCalorie and its licensors. You receive only a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes.

9. User-Generated Content

By uploading photos, data, or any content to the Service, you grant LastCalorie a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, process, and analyze that content solely to provide and improve the Service. We will not publicly share your personal content without your explicit consent.

10. AI Limitations and Data Accuracy

Our Service uses artificial intelligence technology to analyze food photos and estimate nutritional information. IMPORTANT:

• AI can make mistakes and nutritional estimates may be inaccurate
• Results depend on photo quality and can vary significantly
• You are responsible for verifying and validating all nutritional information
• We are not responsible for any consequences arising from inaccurate data

11. Service Termination

We reserve the right to suspend or terminate your access to the Service at any time, without prior notice, for any reason, including but not limited to:

• Violation of these Terms of Service
• Fraudulent or abusive activity
• Non-payment
• User request or legal requirement

12. Disclaimer of Warranties

13. Limitation of Liability

14. Indemnification

You agree to defend, indemnify, and hold harmless LastCalorie and its affiliates, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney fees, arising out of or in any way connected with your access to or use of the Service, or your violation of these Terms.

15. Dispute Resolution and Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA). You waive your right to a jury trial and to participate in a class action lawsuit.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, such provision shall be struck or limited to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and LastCalorie regarding the Service and supersede all prior or contemporaneous agreements, written or oral, regarding the subject matter.

19. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will attempt to provide at least 30 days notice before any new terms take effect.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

20. Contact

For questions, concerns, or inquiries about these Terms of Service, please contact us:

Email: contact@lastcalorie.com

Address: OpenKan, LLC