Please read these terms of use carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations.
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, you should not use the Services.
Tensortech Apps B.V. (“Tensortech”, “we”, “us” or “our”) does not provide medical, fitness, or other advice. You participate in health activities entirely at your own risk.
1. Agreement to Terms
1.1 All access to any part of https://mycaloriecounter.app (“Websites”) and the Calco mobile applications (“Apps”) is governed by these terms of use (“Terms”) and our Privacy Policy located at https://mycaloriecounter.app/privacy-policy. The Websites and Apps are collectively referred to as “Calco.” If you do not accept any of these Terms, please discontinue the use or access of Calco immediately.
1.2 By continuing, you acknowledge that you have read and understood these Terms and agree to be bound by these Terms.
1.3 By accessing Calco, you represent and warrant to us that you are at least 16 years old and have the necessary legal capacity, right, power, or authority to agree to these Terms.
1.4 We may from time to time update these Terms. Tensortech reserves the right to change these terms and conditions at any time at its sole discretion. Amendments shall take effect immediately when posted on Calco. Your continued use of Calco thereafter represents your agreement to any such amendments.
1.5 In these Terms, the words “we,” “our,” and “us” refer to Tensortech Apps B.V. (“Tensortech”).
2. Access to Calco
2.1 The accessibility and operation of Calco rely on systems, databases, and technologies that may not be entirely within our control. We do not guarantee continuous accessibility or uninterrupted operation of Calco. We will not be liable to you if, for any reason, access to Calco is delayed or unavailable for any period of time.
2.2 We may at any time change, suspend, or discontinue Calco, any of its content, and/or access to part or all of it, without notice and for any reason.
2.3 During the use and access to Calco, you are required to:
- a. Comply with all applicable local and international laws and regulations when using Calco;
- b. Not access any information or data concerning another person without his/her permission;
- c. Not use Calco in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, bugs, or harmful data, into Calco or any computer system;
- d. Not infringe our intellectual property rights or those of any third party in relation to your use of Calco;
- e. Not submit, publish, transmit, post, or upload any material that is factually inaccurate, misleading, deceptive, defamatory, offensive, threatening, discriminatory, racist, seditious, obscene, pornographic, indecent, or otherwise objectionable in relation to your use of Calco;
- f. Not use Calco in a way that could damage, disable, overburden, impair, or compromise our systems, databases, servers, or security or interfere with other users; and
- g. Not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any features, services, tools, directories, or content on Calco.
2.4 In the event of non-compliance with Section 2.3, we reserve the right to terminate or restrict your access to part or all of Calco for any reason at any time without prior notice.
3. Account Registration
3.1 In order to use certain features of the Service, you may need to register your Account ("Profile") and provide certain information about yourself as prompted by the registration form.
3.2 If you register the Account, you represent and warrant to Tensortech that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Service does not violate any applicable law or regulation or these Terms. Otherwise, the Service may not operate correctly, and we may not be able to contact you with important notices.
3.3 The Service is not intended to be used by individuals under the age of 16. You hereby represent and warrant to Tensortech that you meet the foregoing qualification. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to your use of the Service.
3.4 Tensortech reserves the right to suspend or terminate your Profile, or your access to the Service, with or without notice to you, in the event that you breach these Terms.
3.5 You are responsible for maintaining the confidentiality of your Profile login information and are fully responsible for all activities that occur under your Profile. You agree to immediately notify Tensortech of any unauthorized use, or suspected unauthorized use, of your Profile or any other breach of security. Tensortech cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4. Subscription Fees and Payment
Calco offers certain enhanced features of the Services which you can purchase as a monthly, yearly, or lifetime subscription (“Subscription”). A description of features associated with Subscriptions is available via the Services. When you purchase a Subscription or a Product (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card, and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third-party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Calco may charge your credit card or third-party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, or Google Play) where the App is made available (each, an “App Provider”), for verification, pre-authorization, and payment purposes; and (c) to bear any additional charges that your App Provider, bank, or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. Your order is not binding on Calco until accepted and confirmed by Tensortech. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
If you have any concerns or objections regarding charges, you agree to raise them with us first, and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Tensortech.
Tensortech reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Tensortech deems appropriate in its sole discretion. Tensortech also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Tensortech will either not charge you or refund the charges for orders that we do not process or cancel.
5. User Content
5.1 The Services may enable you to upload and store content, including nutritional information, photos, comments, and other materials (collectively, “User Content”). You retain all rights in, and are solely responsible for, the User Content you post to the Services.
5.2 By uploading User Content, you grant Tensortech a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and Tensortech's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
5.3 You agree that this license includes the right for Tensortech to make User Content available to other companies, organizations, or individuals who partner with Tensortech for the syndication, broadcast, distribution, or publication of User Content on other media and services, subject to our terms and conditions for such User Content use.
5.4 You represent and warrant that:
- a. You own or otherwise have all necessary rights to the User Content you provide and the rights granted to us in this Section 5.3; and
- b. Your User Content does not infringe any third party’s intellectual property rights, privacy rights, publicity rights, or other legal rights.
5.5 You agree not to upload User Content that:
- a. Is false, misleading, or inaccurate;
- b. Promotes illegal or harmful activities or substances;
- c. Is defamatory, discriminatory, obscene, or offensive;
- d. Infringes or violates the intellectual property rights of others; or
- e. Otherwise violates these Terms or any applicable law.
6. Termination
6.1 You may terminate your use of the Services at any time by deleting your Profile and ceasing all use of the Services. If you have purchased a Subscription, termination will not result in any refund of prepaid fees.
6.2 We may terminate or suspend your Profile or access to the Services at any time, with or without notice, for any reason, including if we believe you have violated these Terms.
6.3 Upon termination of your access, your right to use the Services will immediately cease.
7. Disclaimers and Limitation of Liability
7.1 THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TENSORTECH SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
7.2 Tensortech makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Tensortech makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content in the Services.
7.3 YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER TENSORTECH NOR ANY OTHER PARTY
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