Welcome to CalorieCade. These Terms of Service ("Terms") are an agreement between you and CalorieCade ("CalorieCade," "we," "us," or "our"). They cover your use of the CalorieCade website, web app and any CalorieCade mobile apps (the "Services"). By creating an account or using the Services, you agree to these Terms and acknowledge our Privacy Policy.
PLEASE READ SECTION 16 CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION, NOT IN COURT OR AS A CLASS ACTION, UNLESS YOU OPT OUT WITHIN 30 DAYS.
1. Who can use CalorieCade
You must be at least 18 years old and able to form a binding contract. You may not use the Services if the law, or a decision by us, bars you from them. If you tell us you're under 18, we lock your account and delete your data within 7 days.
2. Your account
Give accurate information, keep one account for yourself, and keep your password secure. You're responsible for activity on your account. Tell us right away at support@caloriecade.com if you think someone else is using it.
3. The Services
CalorieCade lets you log meals, water and workouts, see daily targets and scores, and play with friends in a Duo or League. The Services are free today. If we introduce paid features, we'll show their price and terms before you buy. Features marked "preview" or "coming soon" may change, have bugs, or be removed. We may add, change or stop features; if a change materially reduces what you can do, we'll tell you in advance when we reasonably can.
4. Health and safety
CalorieCade is not a medical service and does not give medical, nutrition or health advice. Targets, calorie counts, scores and other information are estimates for general wellness and may be inaccurate. They are not a substitute for advice from a doctor or registered dietitian.
Talk to a healthcare professional before changing how you eat or exercise, especially if you are pregnant or breastfeeding, have a medical condition, take medication, or have a history of disordered eating. Stop and get help if you feel unwell. If you think you have a medical emergency, call your local emergency number right away. You use the Services and act on what they show at your own risk.
5. Duos, Leagues and chat
CalorieCade is built for friendly, supportive play. When you use Duos, Leagues or chat, you agree not to:
- harass, bully, threaten or demean anyone, or post hateful, sexual or violent content;
- encourage unhealthy or dangerous eating, extreme restriction or self-harm;
- share someone else's private information, or pressure anyone to share their food log;
- impersonate anyone, spam, or send links or content meant to deceive;
- cheat, for example by logging food you didn't eat to manipulate scores, or exploiting bugs.
You can block or report anyone, and stop sharing your food log at any time. We may filter words, remove content, and suspend or end accounts that break these rules. We may review reported messages. We don't verify who users are and aren't responsible for how other users behave, but we take reports seriously.
6. Your content
Your content, such as meals, notes, check-ins and messages, belongs to you. You give us a limited, worldwide, royalty-free license to host, store, copy, process and display your content only to operate, secure and improve the Services, including showing it to the people you choose. This license ends when you delete the content or your account, except for copies kept as described in our Privacy Policy. We never use your content in advertising. You're responsible for the content you post and confirm you have the right to post it.
If you send us ideas or feedback, we may use them without any obligation to you.
7. Using the Services properly
Don't misuse the Services. For example, don't: access another person's account or data; copy, scrape or collect data from the Services by automated means; reverse engineer or interfere with the Services or their security; get around rate limits, filters or access controls; or use the Services for any unlawful purpose or commercially without our permission.
8. Food data and third-party content
Some nutrition information comes from third-party food databases and other users. We can't guarantee it's accurate or complete, so check labels when it matters. Those sources and their terms are listed on our Data sources & credits page. Links to other websites are provided for convenience, and we're not responsible for them.
9. Our rights
The Services, including the CalorieCade name, logo, designs, stickers, software and content we create, belong to us and our licensors and are protected by law. We give you a personal, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial use under these Terms. All other rights are reserved.
10. Ending your account
You can stop using the Services and delete your account at any time in Account → Settings. We may suspend or end your access if you break these Terms, if we must for legal reasons, or if we stop offering the Services; when we reasonably can, we'll tell you first. Sections that by their nature should continue (such as 6, 9 and 12 to 19) survive after your account ends.
11. Changes to these Terms
We may update these Terms. If a change is material, we'll tell you in the app or by email at least 14 days before it takes effect, unless it's needed sooner for legal or safety reasons. If you keep using the Services after a change takes effect, the new Terms apply. If you don't agree, stop using the Services and delete your account.
12. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE DON'T PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT ANY NUTRITION OR HEALTH INFORMATION IS ACCURATE.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CALORIECADE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF US$50 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM. Some places don't allow these limits, so they may not apply to you; nothing in these Terms limits liability that can't be limited by law.
14. Indemnity
To the extent permitted by law, you agree to defend and hold CalorieCade harmless from third-party claims, losses and costs (including reasonable attorneys' fees) arising from your content, your misuse of the Services, or your breach of these Terms.
15. App stores
If you use a CalorieCade app downloaded from Apple's App Store or Google Play, these Terms are between you and us, not the app store. The app store has no obligation to provide support or maintenance and, for Apple, is a third-party beneficiary entitled to enforce these Terms against you. The app store's own terms also apply.
16. Dispute resolution and arbitration
Try us first. Before filing a claim, email support@caloriecade.com with a description of the dispute. We'll both try in good faith to resolve it informally for at least 30 days.
Binding individual arbitration. If we can't resolve it, you and CalorieCade agree that any dispute arising from or relating to these Terms or the Services will be resolved by binding individual arbitration, not in court. The American Arbitration Association (AAA) will administer it under its Consumer Arbitration Rules, and the Federal Arbitration Act governs this section. We'll pay the AAA fees beyond what you would pay to file in court. The arbitration may be held by video, by phone, in writing, or in the county where you live. You and CalorieCade each waive the right to a jury trial.
Exceptions. Either of us may bring an individual claim in small claims court, or ask a court to stop the infringement or misuse of intellectual property.
No class actions. Claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative proceeding. If this class-action waiver is found unenforceable for a claim, that claim will be heard in court, not arbitration.
30-day right to opt out. You can opt out of this arbitration agreement by emailing support@caloriecade.com, with the subject "Arbitration Opt-Out", from your account email within 30 days of first accepting these Terms. Opting out won't affect anything else in these Terms.
Time limit. To the extent permitted by law, a claim must be brought within one year after it arises, or it's permanently barred.
Consumers outside the United States. If you live in the EEA, the UK or Switzerland, this section 16 does not apply to you. You may bring claims in the courts of the country where you live, and you keep the protection of that country's mandatory consumer laws.
17. Governing law and courts
The laws of the State of California govern these Terms, without regard to its conflict-of-law rules, except where the Federal Arbitration Act or the mandatory law of your country applies. Any claim not subject to arbitration will be heard only in the state or federal courts located in Orange County, California, and you and CalorieCade consent to their jurisdiction.
18. Notice for California users
Under California Civil Code Section 1789.3, California users are entitled to this notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs can be reached in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.
19. General
These Terms and our Privacy Policy are the entire agreement between you and CalorieCade about the Services. If any part is unenforceable, the rest stays in effect. If we don't enforce a right, we haven't waived it. You may not transfer these Terms; we may transfer them, for example to a company formed to run CalorieCade or in a sale or merger. We aren't responsible for delays caused by events beyond our reasonable control. We may send you notices by email or in the app.
20. Contact us
For questions about these Terms, contact support@caloriecade.com.
See also our Privacy Policy.