CaloHow Terms of Service

Last Update Date: April, 2025

The CaloHow website ("Website"), mobile applications ("App(s)") and services (collectively, the "Services") are made available to you ("you" or "your") subject to these Terms of Service ("Terms"), and our Privacy Policy ("Privacy Policy"). Services are provided to you by AILIFE TECHNOLOGY PTE. LTD. and its affiliates ("CaloHow", "we", "us", or "our").

By accessing and using the Services, signing up for an account, or indicating your consent, you agree to the CaloHow Terms. If you do not agree to any part of the CaloHow Terms, you may not use the Services.

THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. THIS PROVISION AFFECTS YOUR RIGHTS TO RESOLVE DISPUTES WITH CALOHOW AND YOU SHOULD REVIEW IT CAREFULLY.

You agree that the agreement formed by the CaloHow Terms is like any written, negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary rights, power, and authority to enter into this agreement and to perform your obligations hereunder.

1. Registration, Accounts, Services

1.1 Who can use the Services

You must be at least 18 years old to use the Services.

No individual under the age of 18 may use the Services or provide us with any personal information. We implement technical measures to prevent individuals under the age of 18 from creating an account or otherwise using our Services. If we become aware that an individual under 18 may have provided us with personal information, we will investigate and if applicable, take steps to remove the data and delete that individual's account.

You represent and warrant that you have verified in your own jurisdiction if your use of the Services is allowed, that you will perform under these CaloHow Terms in compliance with all applicable laws, rules and regulations, and that all information you provide in connection with your access to or use of the Services is true, accurate, and complete to the best of your knowledge and belief.

1.2 Changes to Services

We may provide updates (including automatic updates) for the Services, which may include upgrades, changes, modifications, bug fixes, patches and other error corrections and/or new features (collectively, "Updates"). Certain portions of our Services may not properly operate if you do not install all Updates. The CaloHow Terms will apply to any and all Updates. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service. No specified update or refresh date should be taken to indicate that all information in the Services or on any related website has been modified or updated.

We may change the Services at any time, including (a) terminating, eliminating, supplementing, modifying, adding, or discontinuing any Content (defined below), feature, data, or service on or available through the Services; (b) changing the software or other equipment required to use and access the Services; and (c) changing prices for the Services, if applicable. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services, or any items available on the Services.

We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability. Not all Services are available in all geographic areas or jurisdictions. If certain aspects of our Services or features are dependent on third parties (e.g., grocery integrations), you understand that such third parties may discontinue their provision of services to us at any point and as a result, we may no longer be able to provide you with such features. We are not responsible for any action or inaction by such third parties or any resultant impact to our Services.

1.3 Changes to Terms

CaloHow reserves the right to update the CaloHow Terms at any time and for any reason in its sole discretion. We will notify you in advance of any material changes to the CaloHow Terms. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified CaloHow Terms. If the modified CaloHow Terms are not acceptable to you, please stop using the Services and delete your account.

2. Ownership and Use of Content

"Content" is all content and materials made available through the Services, including without limitation, images, designs, graphics, text, information, data, nutritional information, lists, recipes, meal plans, software, scripts, and other files, and their selection and arrangement. "User-Generated Content" means any Content that you or another user makes available in connection with the Services, whether privately or publicly posted. "CaloHow Content" means all Content that is not User-Generated Content.

CaloHow Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) therein and in the Services are the sole property of CaloHow and/or its licensors. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights or goodwill belonging to CaloHow or its licensors is prohibited. Except as otherwise specified herein, no licenses, express or implied, are granted by CaloHow to you under any patent, copyright, trademark, trade secret, or other intellectual property right of CaloHow and all such rights are reserved and retained by CaloHow. ALL RIGHTS RESERVED.

2.1 Our License to You

Subject to your compliance with the CaloHow Terms, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services and CaloHow Content for your own personal, noncommercial purposes, provided that you do not copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the CaloHow Content or Services.

If any open source or third-party code is incorporated in the App, such open source or third-party code is covered by the applicable open source or third-party license, if any, authorizing use of such code.

2.2 Your License to Us

When you provide User-Generated Content to CaloHow through the Services, you grant us and our users a perpetual, non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, copy, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt, reformat, reorganize, translate, excerpt, exploit (commercially or otherwise), create derivative works of, and otherwise process, in all media and distribution methods now known or later developed, such User-Generated Content in connection with any and all Services. You acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated Content in any way we desire; (b) we have no obligation to provide you with any credit when using your User-Generated Content; and (c) you are not entitled to any compensation or other payment from us in connection with the use of your User-Generated Content.

Notwithstanding the above, we will not make use of any of your User-Generated Content in a manner that is inconsistent with our Privacy Policy.

We reserve the right, but do not have the obligation, to, at any time and for any reason: monitor, review, prescreen, edit, redact, otherwise modify, reorganize, or recategorize User-Generated Content from the Services; and archive or otherwise store any User-Generated Content. We also reserve the right to remove, modify, or restrict your access to User-Generated Content for any reason and at any time, including User-Generated Content we believe violates these Terms, the Community Guidelines, and/or our policies. You understand that, even after removal or deletion, User-Generated Content you have provided may remain viewable to and may have been copied or stored by other users and members of the public.

You agree that you will respect the intellectual property rights of others. By providing User-Generated Content, you represent and warrant that you are the creator and owner of the User-Generated Content or that you otherwise have all the legal rights, permissions, and consents necessary to provide that User-Generated Content as contemplated by these Terms and to grant CaloHow the foregoing license. You also represent and warrant that your User-Generated Content and all other information provided to us does not infringe, misappropriate, or otherwise violate the intellectual property rights, privacy rights, or other proprietary rights of any third party.

We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services ("Feedback") you choose to provide. Feedback is considered User-Generated Content and is subject to the terms above.

3. Health and Safety

We provide health and weight management information and guidance only.

You should seek the advice of a physician or a medical professional with any questions you may have regarding your health before beginning any dietary programs, exercise regimen or any other fitness or wellness activities, as may be referenced in our Services. If you are being treated for a health condition or illness, taking prescription medication or following a therapeutic diet to treat a disease, you should consult with your physician before using the Services. If any information you receive or obtain from using the Services is inconsistent with the medical advice from your physician, you should follow the advice of your physician. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE OR ATTENTION BECAUSE OF ANY CONTENT PRESENTED IN THE SERVICES.

Exercise and wellness activities carry certain inherent and significant risks of bodily injury, death or property damage and you voluntarily assume all known and unknown risks associated with these activities.

Information Sources

Calorie calculations are based on the Mifflin-St Jeor Equation:

A new predictive equation for resting energy expenditure in healthy individuals

Dietary guidelines and meal suggestions follow the Dietary Reference Intakes:

Dietary Guidelines

Dietary Reference Intakes for Energy

Food Sources of Select Nutrients

Health and nutrition information is for reference only. Consult a doctor before making medical decisions.

3.1 Not Medical Advice

Services (including but not limited to Content) are provided for general informational purposes only. CaloHow is not a medical professional or a medical organization and we do not provide medical services or render medical advice. Services are not intended for use in the diagnosis of diseases or other medical conditions, or in the cure, mitigation, treatment or prevention of disease or medical condition. Nothing contained in the Services should be construed as such advice or diagnosis. The information provided by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment and should not be relied upon when making medical decisions, or to diagnose or treat a health condition or illness.

Use of the Services, or communication with us does not create any doctor-patient relationship.

3.2 Allergies

Premium Services may provide you with access to certain specialized Content, including meal planning. Please be aware that while we will try to avoid recommending foods that you may be allergic to (in accordance with the information you provide us), we may not have sufficient information about the ingredients of each food item.

YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS.

3.3 Healthy Weight Loss

We welcome members in many different stages of their health and fitness journey. Our goal is to provide members with the tools to achieve their weight management goals at a steady and sustainable rate. We promote healthy relationships with food and don't condone dangerously low levels of eating.

Any use of our Services to promote, glamorize, or achieve dangerously low levels of eating is not permitted.

If you feel like our Services may not be the best choice for you, please do not use them.

3.4 Accuracy of Content

We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content.

In addition, User-Generated Content, including advice, statements, or other information, including, without limitation, food, nutrition, dietary guidance, exercise or training guidance, athletic activities, and exercise database entries, are not produced by CaloHow, and should not be relied on. User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such User-Generated Content originated.

4. Restrictions

The Services may be used only for lawful purposes. CaloHow specifically prohibits any use of the Services as follows.

4.1 No Derivative Works

Except as expressly permitted by applicable law or specifically authorized by CaloHow, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services or any CaloHow Content, in whole or in part. You may not download, copy, or save CaloHow Content, except as expressly permitted by the functionality of certain Services.

4.2 No Commercial Use

The Services, with the exception of certain products and services provided through CaloHow branded tools for website owners (e.g., APIs) (collectively, the "Commercial Tools"), are intended only for your personal, non-commercial use. You may not collect, harvest, or use any Content, data, or information made available via the Services for any purposes not explicitly authorized by us, including but not limited to commercial exploitation, competitive analysis, or research and development of your own products or services.

You shall not use the Services (other than certain Commercial Tools) to sell a product or service, increase traffic to your own website or a third-party website for commercial reasons (such as advertising sales), or otherwise undertake any endeavor aimed at deriving revenue. If you seek to make commercial use of the Services other than through the Commercial Tools, you must enter into a separate agreement with us to do so in advance. By using any of the Commercial Tools, you acknowledge and agree to the CaloHow Terms and any additional terms and conditions applicable to those select Services.

4.3 No Disruption

You may not perform or attempt to perform any actions that would (a) interfere with or damage the proper operation of the Services, including through unauthorized use, disruption, automated attacks, exploitation, or abuse of our resources, (b) prevent access to or use of the Services by other users, or (c) impose any unreasonable or disproportionately large load on our infrastructure.

4.4 No Scraping

You may not engage in data mining or similar data gathering or extraction activities or retrieve data or content from the Services by accessing, monitoring, or copying any Content or information using automated means, including but not limited to robots, spiders, crawlers, scrapers, indexing agents, or any other automated tools or processes. You may not bypass or attempt to bypass any measures we may use to prevent or restrict access to the website, including CAPTCHA, IP blocking, or authentication mechanisms.

You may not harvest or otherwise collect or store personal information about other users of the Services, including, for example only, email addresses, without the express consent of such users.

4.5 No Viruses

When using the Services, you may not post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines.

5. Third Parties

Our Services may link to, interact with or be available on third-party services or products ("Third Party Services"). If you access such Third Party Services, be aware that different terms and privacy policies apply to your usage of such services. We are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third Party Services and your access and use of such Third Party Services is entirely at your own risk.

5.1 Mobile Services

To use or access our App, you will need a compatible device. We cannot guarantee the App will be compatible with, or available on, your device. Your phone company's normal messaging, data, and other rates and fees will apply.

5.2 App Stores

Our App may be made available to you on Apple App Store or other app stores (the "App Provider"). These Terms are an agreement between you and CaloHow, and not with the App Provider. As between CaloHow and the App Provider, CaloHow is solely responsible for its App. Your use of the App must comply with any pplicable terms and conditions provided by App Provider. App Provider has no obligation to provide any maintenance and support services or have any warranty obligations. The App Provider and its subsidiaries are third-party beneficiaries of these CaloHow Terms as it relates to your license to the App.

6. No Warranties

EXCEPT WHERE PROHIBITED BY LAW, CALOHOW EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, QUALITY, TITLE, VALIDITY, OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE". SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO ONLY THOSE REQUIRED BY LAW, FOR THE SHORTEST DURATION PERMITTED BY LAW, AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.

Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content.

To the maximum extent permitted by applicable law, we do not warrant that (a) the Services will meet your requirements or provide specific results, (b) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (c) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to any Content; User-Generated Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk. You are and will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL CALOHOW BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER OF THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY THIRD PARTY CONTENT OR THIRD PARTY SERVICES ACCESSED OR USED VIA THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CALOHOW HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. EXCEPT AS OTHERWISE PROVIDED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF CALOHOW, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIVE HUNDRED DOLLARS (US $500.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S) IN THE PAST TWELVE MONTHS. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services' prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.

8. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold CaloHow harmless from any and all liabilities, claims, demands, losses, or expenses, including reasonable accounting and attorneys' fees, made by any third party due to or arising out of (a) the User-Generated Content you access or share through the Services; (b) your use of the Services, (c) your activities in connection with the Services, (d) your violation of the CaloHow Terms, (e) any violation of the rights of any other person or entity by you, including, without limitation, any intellectual property, proprietary, privacy, or other rights of any party. We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of these claims. You shall not in any event settle any matter without the prior written consent of CaloHow. This indemnification section will survive any termination or expiration of the CaloHow Terms.

9. Contact Us

If you have any feedback, questions or comments about the Services, please contact our Support Team at support@calohow.com.