Terms and Conditions

1. Acceptance of Terms

1.1 Agreement to Terms

By creating an account, downloading, installing, or using the VoiCal App, you acknowledge that:

• You have read and understood these Terms
• You agree to be legally bound by these Terms
• You agree to our Privacy Policy (incorporated by reference)
• You are at least 13 years old (or 16 in the EEA)

1.2 Parent or Guardian Consent

If you are under 18 years of age (or the age of majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

1.3 Updates to Terms

We reserve the right to update these Terms at any time. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Description of Service

2.1 What VoiCal Provides

VoiCal is a voice-based food logging and nutrition tracking application that offers:

Core Features:

• Voice-to-text meal logging using natural language processing
• AI-powered extraction of food items and quantities from voice descriptions
• Automatic nutritional information lookup (calories, proteins, carbohydrates, fats)
• Daily calorie and macro tracking based on personalized goals
• Weight tracking and progress visualization
• Calendar view of meal history
• Detailed nutritional breakdowns and charts
• Manual editing of meals and nutritional data
• Profile management (age, weight, height, activity level, goals)

Authentication:

• Sign-in with Google
• Sign-in with Apple
• Secure authentication and data synchronization

Premium Features:

• Unlimited meal logging
• Advanced progress charts and analytics
• Data export functionality
• No advertisements

2.2 Service Availability

• The Service is provided "as is" and "as available"
• We do not guarantee uninterrupted or error-free operation
• Maintenance and updates may cause temporary service interruptions
• Features may be added, modified, or removed at our discretion

3. Eligibility

3.1 Age Requirements

You must be at least:

• 13 years of age in most jurisdictions
• 16 years of age in the European Economic Area
• The age of majority in your jurisdiction if higher than 13

3.2 Additional Requirements

To use the Service, you must:

• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws
• Comply with all local laws regarding online conduct
• Have a compatible mobile device (iOS or Android)
• Have a stable internet connection for certain features

3.3 Account Suspension

We reserve the right to refuse service or terminate accounts that violate these Terms or applicable laws.

4. User Accounts

4.1 Account Creation

To use VoiCal, you must:

• Create an account using Google or Apple authentication
• Provide accurate and complete information during onboarding
• Maintain the accuracy of your account information
• Not create multiple accounts for the same person

4.2 Required Information

During account creation, you will provide:

• First name
• Date of birth
• Gender
• Current weight
• Height
• Weight goal
• Physical activity level

4.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Not sharing your account with others

We are not liable for any loss or damage arising from your failure to maintain account security.

4.4 Account Deletion

You may delete your account at any time through the App settings:

• All personal data will be permanently deleted within 30 days
• Active subscriptions will be canceled (no refunds for remaining period)
• Data deletion is irreversible
• You may create a new account after deletion

5. Subscriptions and Payments

5.1 Subscription Plans

VoiCal offers the following subscription options:

5.2 Payment Processing

• Payments are processed through Apple App Store or Google Play Store
• We do not directly handle payment information
• Subscription fees are charged to your App Store or Google Play account
• Prices may vary by region and currency
• All fees are exclusive of applicable taxes

5.3 Automatic Renewal

• Subscriptions automatically renew at the end of each billing period
• You will be charged 24 hours before the renewal date
• Renewal fees are the same as the initial subscription price (subject to changes)
• You can cancel auto-renewal at any time before the renewal date

5.4 Cancellation

To cancel your subscription:

• For iOS: Manage subscriptions in your iPhone Settings → Apple ID → Subscriptions
• For Android: Manage subscriptions in Google Play Store → Subscriptions
• Cancellation takes effect at the end of the current billing period
• You retain access to premium features until the end of the paid period
• No refunds for partial billing periods

5.5 Price Changes

• We may change subscription prices at any time
• Price changes apply to new subscriptions and renewals
• Existing subscribers will be notified 30 days before price changes
• You may cancel if you do not agree to price changes

5.6 Refunds

• Generally, all subscription fees are non-refundable
• Refunds may be granted at our sole discretion in exceptional circumstances
• Contact us at contact@mexar.fr for refund requests
• Refund requests must be made within 14 days of purchase (EU customers only)
• Apple and Google have their own refund policies - contact them directly

6. Free Trial

6.1 Trial Availability

• We may offer free trials at our discretion
• Trial duration and terms will be specified at sign-up
• Trials are available once per user, per payment method
• At the end of the trial, your subscription will automatically begin

6.2 Trial Cancellation

• You may cancel during the trial period without charge
• Cancellation must occur at least 24 hours before trial end
• If you do not cancel, you will be charged the subscription fee

6.3 Trial Eligibility

Free trials are not available to users who:

• Have previously used a free trial
• Have previously subscribed to VoiCal
• Are using the same payment method as a previous trial

7. User Content and Conduct

7.1 Your Content

You retain all rights to the content you input into VoiCal:

• Meal descriptions and voice inputs
• Weight tracking data
• Profile information
• Any other data you provide

7.2 License to Us

By using the Service, you grant us a limited, non-exclusive, royalty-free license to:

• Store and process your content to provide the Service
• Use anonymized, aggregated data to improve the Service
• Display your content back to you within the App
• Backup and secure your data

This license terminates when you delete your account or specific content.

7.3 Content Restrictions

You agree NOT to input content that:

• Violates any laws or regulations
• Infringes on intellectual property rights
• Contains malicious code or viruses
• Is designed to abuse or manipulate the Service
• Contains personal information of others without consent

7.4 User Conduct

You agree to use the Service lawfully and respectfully. You will NOT:

• Reverse engineer, decompile, or disassemble the App
• Attempt to gain unauthorized access to our systems
• Use automated systems (bots, scrapers) to access the Service
• Interfere with or disrupt the Service
• Impersonate others or misrepresent your identity
• Use the Service for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction

8. Voice Data Processing

8.1 Voice Input

When you use the voice logging feature:

• Your voice is recorded temporarily on your device
• Speech-to-text conversion occurs via Expo Speech API
• Only the text transcript is sent to our servers
• Voice audio is automatically deleted after transcription
• We do not store, listen to, or share your voice recordings

8.2 Text Processing

The transcribed text is:

• Sent to AI services (Anthropic Claude) for parsing
• Used to extract food items and quantities
• Matched against nutritional databases (API Ninjas)
• Stored in your meal history
• Never used to train third-party AI models

8.3 Your Rights

You can:

• Review and edit transcribed text before saving
• Delete any meal entry at any time
• Export your meal history
• Request deletion of all your data

9. Intellectual Property Rights

9.1 Ownership

VoiCal and all its components are owned by us or our licensors:

• Software code and architecture
• User interface designs
• Logos, trademarks, and branding
• Documentation and content
• Algorithms and AI models (where applicable)

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on your personal device
• Use the App for personal, non-commercial purposes
• Access features included in your subscription tier

This license does NOT permit you to:

• Sublicense, sell, or distribute the App
• Create derivative works
• Remove proprietary notices
• Use the App for commercial purposes without permission

9.3 Trademarks

"VoiCal" and related marks are our trademarks. You may not use them without our prior written permission.

9.4 Copyright

All content within the App is protected by copyright law. Unauthorized reproduction is prohibited.

9.5 Feedback

If you provide feedback or suggestions about the App:

• We may use your feedback without obligation to you
• You grant us perpetual rights to implement your ideas
• You will not be compensated for feedback
• Feedback does not create any confidential relationship

10. Prohibited Uses

You may not use VoiCal for any of the following purposes:

10.1 Illegal Activities

• Violating any local, state, national, or international law
• Infringing intellectual property rights
• Transmitting illegal or harmful content
• Facilitating fraud or deception

10.2 Abusive Behavior

• Harassing, threatening, or intimidating others
• Transmitting spam or unsolicited communications
• Introducing viruses, malware, or harmful code
• Attempting to overwhelm our systems (DDoS attacks)

10.3 Unauthorized Access

• Hacking or attempting to breach security measures
• Accessing accounts that do not belong to you
• Bypassing authentication or subscription verification
• Scraping or harvesting data from the App

10.4 Commercial Misuse

• Reselling or redistributing the App without permission
• Using the App for business purposes without a commercial license
• Framing or mirroring any part of the Service

10.5 Enforcement

Violation of these prohibitions may result in:

• Immediate account termination
• Legal action
• Reporting to law enforcement
• Liability for damages

11. AI-Generated Content Disclaimer

11.1 AI Limitations

VoiCal uses artificial intelligence to:

• Transcribe voice to text
• Extract food items from descriptions
• Estimate quantities and portions
• Retrieve nutritional information

11.2 Your Responsibility

You are responsible for:

• Reviewing all AI-generated data for accuracy
• Manually correcting errors or inaccuracies
• Not relying solely on AI estimates for critical dietary decisions
• Consulting healthcare professionals for personalized nutrition advice

11.3 No Guarantee of Accuracy

We do not guarantee that:

• AI transcriptions are 100% accurate
• Food item identification is correct
• Nutritional data is complete or current
• Calorie calculations are precise

12. Health and Medical Disclaimer

12.2 Consult Healthcare Professionals

You should consult with a qualified healthcare provider:

• Before starting any diet or exercise program
• If you have any medical conditions
• If you are taking any medications
• If you experience adverse health effects
• For personalized nutrition guidance
• Before making significant dietary changes

12.3 Nutritional Information

Nutritional data provided is:

• Sourced from third-party databases (API Ninjas)
• Based on generic food items and averages
• Subject to variation based on preparation methods
• Not verified for specific brands or recipes
• Potentially incomplete or outdated

We are not responsible for:

• Inaccuracies in nutritional databases
• Allergic reactions or adverse health effects
• Weight gain or loss outcomes
• Health complications arising from use of the App

12.4 Emergency Situations

VoiCal is not designed for emergency use. If you experience a medical emergency:

• Call your local emergency number (911, 112, etc.)
• Do not rely on the App for emergency assistance
• Seek immediate medical attention

12.5 Individual Results

• Results vary based on individual factors
• Past results do not guarantee future outcomes
• We make no promises about weight loss or health improvements
• Your success depends on your effort, consistency, and individual circumstances

13. Third-Party Services

13.1 Third-Party Integrations

VoiCal integrates with third-party services:

13.2 Third-Party Terms

Each third-party service has its own terms and conditions:

• You must comply with all applicable third-party terms
• We are not responsible for third-party services
• Changes to third-party services may affect VoiCal functionality
• We may change or remove third-party integrations at any time

13.3 Third-Party Content

Nutritional data is provided by API Ninjas:

• We do not create or verify this data
• Accuracy depends on the third-party provider
• We are not liable for errors in third-party data
• Updates to third-party databases occur independently

13.4 No Endorsement

Use of third-party services does not constitute endorsement by us.

14. Data Accuracy

14.1 User-Provided Data

You are responsible for:

• Providing accurate profile information (weight, height, age, etc.)
• Accurately describing meals and food items
• Reviewing and correcting AI-generated entries
• Updating your information when it changes

14.2 Calculated Data

The App calculates:

• Daily calorie goals based on your profile
• Macro targets (proteins, carbs, fats)
• Progress metrics and charts
• BMI and other health indicators

These calculations are estimates based on standard formulas. They may not be accurate for all individuals.

14.3 Voice Transcription Accuracy

• Voice-to-text accuracy depends on speech clarity, accent, and background noise
• Always review transcriptions before saving meals
• We are not liable for transcription errors

14.4 Database Limitations

• Nutritional databases may not include all foods
• Regional or specialty items may be missing
• Brand-specific nutritional information may vary
• Databases are updated periodically by third parties

15. Termination

15.1 Termination by You

You may terminate your account at any time:

• Through the App settings (Delete Account)
• By contacting contact@mexar.fr
• Data deletion occurs within 30 days
• No refunds for remaining subscription periods

15.2 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms
• You engage in fraudulent activity
• You abuse or misuse the Service
• Required by law or legal process
• We cease operations

15.3 Effect of Termination

Upon termination:

• Your right to access the Service ends immediately
• Your data will be deleted per our Privacy Policy
• Active subscriptions will be canceled
• Unpaid fees remain due
• Provisions that should survive termination remain in effect

15.4 Survival

The following sections survive termination:

• Intellectual Property Rights
• Limitation of Liability
• Indemnification
• Governing Law and Dispute Resolution
• Any provisions that by their nature should survive

16. Modifications to Service

16.1 Service Changes

We reserve the right to:

• Modify or discontinue features at any time
• Change the App's functionality or design
• Update or remove third-party integrations
• Adjust subscription pricing for new users
• Release new versions with different features

16.2 No Obligation to Maintain

We have no obligation to:

• Maintain any particular feature
• Support legacy versions of the App
• Provide backward compatibility
• Continue operating the Service indefinitely

16.3 Notice of Changes

We will notify users of material changes through:

• In-app notifications
• Email announcements
• Updates to these Terms

17. Modifications to Terms

17.1 Right to Modify

We may update these Terms at any time:

• To reflect changes in our Service
• To comply with legal requirements
• To clarify existing provisions
• To add new terms as needed

17.2 Notification

When Terms are updated:

• The "Last Updated" date will be changed
• Material changes will be announced in-app
• You may be required to accept new Terms
• Email notification may be sent to registered users

17.3 Your Options

If you do not agree to modified Terms:

• You must stop using the Service
• You may delete your account
• Continued use constitutes acceptance
• No refunds for disagreement with Terms changes

18. Limitation of Liability

18.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

Indirect Damages:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, or data
• Loss of business opportunities
• Personal injury or health complications
• Weight gain or failure to lose weight
• Emotional distress

Direct Damages:

• In no event shall our total liability exceed the amount you paid to us in the 12 months preceding the claim
• For free users, liability is limited to €100 maximum

Excluded Liability:

We are not liable for:

• Acts of God or force majeure events
• Third-party service failures or errors
• Your misuse of the Service
• Inaccurate data you provide
• Health consequences of dietary choices
• Decisions made based on App data

18.3 Jurisdictional Variations

Some jurisdictions do not allow exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

18.4 Basis of the Bargain

You acknowledge that the limitations of liability are fundamental elements of the agreement between us. The Service would not be provided without such limitations.

19. Indemnification

19.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless VoiCal, its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Content you submit or input into the Service
• Your negligence or willful misconduct
• Health claims arising from your use of the Service

19.2 Defense of Claims

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

20. Dispute Resolution and Governing Law

20.1 Governing Law

These Terms shall be governed by and construed in accordance with:

• The laws of France (without regard to conflict of law provisions)
• For EU users: The laws of your country of residence also apply

20.2 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at: contact@mexar.fr

We will attempt to resolve disputes within 30 days of receiving notice.

20.3 EU Users - Right to Court

If you are located in the European Economic Area:

• You may bring claims in your local courts
• Disputes may be resolved under EU consumer protection laws
• You are not subject to mandatory arbitration
• Class action waiver does not apply

20.4 Jurisdiction and Venue

For matters not subject to arbitration:

• Exclusive jurisdiction: Courts of Paris, France
• EU users: Courts in your country of residence

21. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable:

• That provision shall be modified to the minimum extent necessary to make it valid
• If modification is not possible, the provision shall be severed
• The remaining provisions remain in full force and effect
• The invalid provision does not affect the validity of the entire agreement

22. Waiver

22.1 No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

22.2 Written Waiver

Any waiver must be in writing and signed by an authorized representative of VoiCal.

22.3 No Ongoing Waiver

A waiver in one instance does not constitute a waiver in future instances.

23. Entire Agreement

23.1 Complete Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and VoiCal regarding the Service.

23.2 Supersedes Prior Agreements

These Terms supersede all prior agreements, understandings, or communications regarding the subject matter.

23.3 Additional Terms

Certain features may be subject to additional terms, which will be presented to you before using those features.

24. Contact Us

If you have any questions, concerns, or disputes regarding these Terms, please contact us: