Terms of Service

1. About Calimit

Calimit is a nutrition-tracking application designed to help users obtain food and nutrition information, track food consumption, monitor calories and macronutrients, and understand serving or portion information. Depending on the version of Calimit you use, features may include:

• food barcode scanning
• food and product search
• manual food entry
• calorie tracking
• macronutrient tracking
• calorie targets
• food diary functionality
• serving and portion information
• AI-generated plain-language portion descriptions
• optional synchronization of logged nutrition information to Apple Health
• optional paid subscription features

Calimit's Apple Health integration is optional and is off by default. If you enable the feature and grant Apple's requested permission, Calimit may write certain nutrition information from foods you log to your Apple Health store. Calimit does not read information from Apple Health. Features may change over time.

2. Calimit Is Not Medical Advice

Nutrition information, calorie targets, food recommendations, serving suggestions, portion descriptions, information displayed in Calimit, and information written by Calimit to Apple Health should not be treated as professional medical or nutritional advice.

You should consult an appropriately qualified healthcare professional before making significant changes to your diet, nutrition, exercise, medication, or health-management practices, particularly if you have a medical condition, history of an eating disorder, are pregnant or breastfeeding, have food allergies or intolerances, take prescription medications, or have been instructed to follow a medically supervised diet.

Never disregard professional medical advice or delay seeking medical care because of information obtained through Calimit or written by Calimit to Apple Health. If you believe you are experiencing a medical emergency, contact emergency services or an appropriate medical professional.

3. Nutrition Information May Not Be Accurate

Calimit obtains certain food and nutrition information from third-party databases and services, including Open Food Facts, USDA FoodData Central, and other food or nutrition information providers that may be added in the future. Nutrition information may be submitted, modified, or maintained by manufacturers, government agencies, third parties, community contributors, or other data providers. As a result, Calimit cannot guarantee that nutrition information is always complete, current, or accurate.

Information that may contain errors includes calories, serving sizes, portion sizes, protein, carbohydrates, total fat, other macronutrients, ingredients, product names, product formulations, barcode matches, package information, and other nutrition-related information. Manufacturers may also change products, ingredients, serving sizes, and nutritional content without notice.

Calimit does not independently verify every nutrition value against the product manufacturer before displaying or writing it. You are responsible for confirming information that is important to your health, dietary requirements, allergies, or other circumstances. When available, the physical product label or information supplied directly by the manufacturer should be considered an important source for verifying packaged-food information.

4. AI-Generated Information

Certain Calimit features may use artificial intelligence services, including technology provided by Anthropic, to generate plain-language portion descriptions or other text relating to nutrition information. Artificial intelligence systems can make mistakes. AI-generated information may be inaccurate, incomplete, misunderstand product information, generate inappropriate portion descriptions, or differ from information provided by the product manufacturer or another authoritative source.

You should independently evaluate AI-generated information before relying on it. AI-generated information is not medical advice and should not be used as the sole basis for health, medical, dietary, or nutrition decisions. Calimit does not create, infer, estimate, or fabricate a missing nutrition value solely for the purpose of writing that value to Apple Health.

5. Food Allergies and Ingredients

6. Eligibility and Age Requirements

You must be legally permitted to use the Services in your jurisdiction. Calimit is not directed to children under 13. If you are under the age of majority where you live, you should use Calimit only with the involvement and consent of a parent or legal guardian where required by applicable law. If you are between 13 and 17 years old, you must have the consent and supervision of a parent or legal guardian who agrees to be responsible for your use of the Services where required by applicable law.

7. Anonymous Access

Calimit currently allows users to use the App without creating a traditional account containing a name, email address, and password. Calimit may use an anonymous app-generated identifier to provide certain functionality, including managing free barcode scans, determining subscription access, providing backend functionality, protecting the Services against abuse, and operating the App. Additional information about anonymous identifiers and our privacy practices is provided in the Calimit Privacy Policy.

8. Your Food Diary and Local Data

Certain information, including your food diary, manually entered foods, calorie targets, app preferences, and related nutrition information, is stored locally on your device. Your locally stored Calimit diary is Calimit's primary source of truth for your logged foods. Apple Health synchronization, if enabled, is a secondary feature and does not replace your Calimit diary.

You are responsible for maintaining access to and security of your device. Deleting Calimit, clearing application data, replacing your device, resetting your device, or experiencing a device failure may result in the loss of locally stored Calimit information. Unless Calimit expressly provides a backup or synchronization feature, you should not assume that locally stored Calimit information can be recovered. Neboryx is not responsible for the loss of locally stored information resulting from deletion of the App, device failure, user action, operating-system changes, or circumstances outside our reasonable control, to the extent permitted by applicable law.

9. Apple Health and HealthKit

Calimit offers an optional integration with Apple Health through Apple's HealthKit framework. The integration is off by default. Calimit will not write nutrition information to Apple Health unless you:

1. Enable the "Sync logged foods to Apple Health" setting in Calimit; and
2. Grant the requested permission through Apple's Health authorization process.

You are not required to use Apple Health synchronization. Calimit's core food diary and nutrition-tracking features remain available without it.

Information written to Apple Health

When synchronization is enabled and you have granted the applicable permission, Calimit may write dietary energy including calories, protein, carbohydrates, and total fat — for each applicable food entry. A macronutrient is written only when the underlying nutrition information includes that value. If a supported nutrition value is unknown or unavailable, Calimit does not create, infer, estimate, or fabricate a value solely to populate Apple Health.

Write-only integration

Calimit does not use Apple Health to obtain body weight, steps, activity or exercise information, workouts, heart rate, sleep information, medications, nutrition information written by other applications, clinical or medical information, or other health or fitness information.

No clinical health records

Calimit does not access Apple's Clinical Health Records functionality and does not request or receive health records from healthcare providers through HealthKit.

No background Health reading

Calimit does not use HealthKit Background Delivery to continuously obtain or process Apple Health information in the background.

Direct HealthKit write

Nutrition information written to Apple Health is written from the App on your device to your Apple Health store using Apple's HealthKit framework. Calimit does not retrieve information from your Apple Health store and transmit that information to Neboryx servers or third parties.

Apple Health is a secondary, best-effort feature

Your Calimit food diary remains Calimit's primary record of the foods you log. If Apple Health permission is denied or revoked, Apple Health or HealthKit is unavailable, an Apple Health write fails, or synchronization otherwise cannot be completed, the food may still be successfully logged in your Calimit diary. A failed Apple Health write does not mean that the corresponding Calimit diary entry failed.

10. Apple Health Permissions and User Control

You control whether Calimit may write supported nutrition information to Apple Health. You may leave Apple Health synchronization disabled, decline Apple's permission request, disable the synchronization setting within Calimit, or revoke Calimit's Health permission using Apple's applicable Health or privacy controls. Disabling or revoking Apple Health permission does not prevent you from using Calimit's core food-diary functionality.

Information previously written to Apple Health may remain in your Apple Health store after you disable synchronization, revoke permission, or delete Calimit. You are responsible for managing or deleting information stored in Apple Health using Apple's applicable controls.

11. Free Features and Usage Limits

Calimit may make certain features available free of charge. Free features may be subject to limitations, including limits on the number of barcode scans or other uses available during a particular period. We may modify free usage limits, which features are free, which features require a subscription, eligibility for promotional access, or other aspects of free access. Where appropriate, material changes affecting paid or subscribed users will be communicated through the App or another reasonable method. Attempting to circumvent free usage limits or subscription requirements is prohibited.

12. Paid Subscriptions

Calimit may offer optional paid subscriptions that provide access to additional functionality or remove certain usage limitations. Subscriptions purchased through the iOS App are processed through Apple's App Store. By purchasing a subscription, you agree to Apple's applicable payment and subscription terms.

Automatic renewal

Unless otherwise disclosed at the time of purchase, subscriptions may automatically renew until canceled. Your Apple ID account may be charged for renewal in accordance with Apple's applicable subscription rules and the subscription terms displayed when you make your purchase.

Managing or canceling a subscription

Subscriptions purchased through Apple must generally be managed or canceled through your Apple account or App Store subscription settings. Deleting the Calimit App does not automatically cancel an active subscription.

Subscription pricing

Subscription prices and billing periods are displayed before purchase. Prices may vary by subscription plan, promotional offer, jurisdiction, currency, applicable tax, or App Store pricing changes. Where required, changes to subscription pricing will be handled according to Apple's applicable rules.

Refunds

Payments made through Apple's App Store are subject to Apple's refund policies. Neboryx does not directly control Apple's decision to approve or deny an App Store refund request.

Subscription management services

Calimit may use RevenueCat or another subscription-management provider to verify purchase status and determine whether your device or anonymous identifier is entitled to paid features.

13. Changes to Features and Subscriptions

We continuously develop and improve Calimit. We may add, modify, suspend, replace, or discontinue features of the Services, including changes to food databases, barcode scanning, search capabilities, AI functionality, portion descriptions, Apple Health or HealthKit functionality, free usage limits, subscription features, pricing, supported devices, or third-party integrations. We will not intentionally deprive you of paid subscription access without providing any rights or remedies required by applicable law or applicable App Store rules.

14. Acceptable Use

You agree not to misuse the Services. You may not:

• access or use the Services for an unlawful purpose
• interfere with or disrupt the Services or their infrastructure
• attempt to gain unauthorized access to systems, databases, accounts, or networks
• bypass or attempt to bypass free usage limits, subscription controls, security protections, or App Check protections
• attempt to manipulate Calimit or its HealthKit functionality to write false, unauthorized, or malicious information
• reverse engineer, decompile, disassemble, or attempt to derive source code from the Services except where applicable law expressly permits it
• use automated systems, bots, scrapers, or similar tools to access the Services without our authorization
• probe, scan, or test the vulnerability of the Services without authorization
• introduce malicious code, viruses, or harmful technology
• impersonate another person or entity
• use the Services in a manner that infringes the rights of another person
• use Calimit data or functionality to develop or train a competing commercial service without our written permission
• use the Services in a way that places an unreasonable burden on our infrastructure

We may take reasonable steps to prevent or address misuse of the Services.

15. Intellectual Property

The Services, including their software, design, interfaces, branding, graphics, text, functionality, and other content created by or for Neboryx, are owned by Neboryx or its licensors and are protected by applicable intellectual-property laws. Calimit, the Calimit name, logos, and related branding are trademarks or other intellectual property of Neboryx LLC, subject to any applicable registration or common-law rights. Except for the limited right to use the Services under these Terms, no rights in the Services or our intellectual property are transferred to you.

16. Limited License

Subject to your compliance with these Terms, Neboryx grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use Calimit on a device that you own or control for your personal, non-commercial use. This license is subject to applicable App Store usage rules.

17. Third-Party Services and Content

Calimit relies on services, frameworks, or information provided by third parties, including Apple and Apple Health/HealthKit, Google Firebase, Open Food Facts, USDA FoodData Central, Anthropic, RevenueCat, and other technology, hosting, food-information, payment, security, or infrastructure providers. Third-party services are governed by their own terms, privacy policies, availability, and operating practices. We do not control all third-party services and cannot guarantee that they will remain available, error-free, or unchanged. If a third-party service changes, becomes unavailable, limits access, or discontinues functionality, certain Calimit features may be modified or become unavailable. Apple Health and HealthKit are operated by Apple. Your use of Apple Health is also subject to Apple's applicable terms, permissions, privacy controls, and platform requirements.

18. Privacy

Our collection, use, disclosure, and retention of information through the Services are described in the Calimit Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy also explains Calimit's Apple Health practices, including that Apple Health synchronization is optional and off by default, Calimit writes only supported nutrition information associated with foods you log, Calimit does not read information from Apple Health, Calimit does not access Clinical Health Records, information from your Apple Health store is not transmitted to Neboryx servers or third parties, and Calimit does not use HealthKit information for advertising, marketing, analytics, or data-mining purposes. By using Calimit, you acknowledge that information will be handled as described in the Privacy Policy.

19. HealthKit Data Use Restrictions

Calimit's HealthKit functionality is intended solely to allow you to write supported nutrition information from your Calimit food diary into your Apple Health store. Neboryx does not use information written to or obtained through HealthKit for advertising, targeted advertising, behavioral advertising, marketing profiles, analytics, data mining, or unrelated secondary purposes. Because Calimit does not read information from Apple Health, information in your Apple Health store does not flow into Calimit for these purposes. Neboryx does not sell HealthKit information to advertising platforms, data brokers, information resellers, or similar parties.

20. Feedback

If you provide suggestions, ideas, comments, feature requests, or other feedback concerning Calimit ("Feedback"), you grant Neboryx the right to use that Feedback without restriction or compensation to you. You are not required to provide Feedback. You agree not to submit Feedback that you do not have the right to provide.

21. Service Availability

We aim to make Calimit available reliably, but we do not guarantee uninterrupted access. The Services may occasionally be unavailable because of maintenance, software updates, system failures, internet or telecommunications failures, Apple Health or HealthKit availability, third-party service interruptions, cybersecurity incidents, App Store issues, government actions, natural disasters, or other circumstances outside our reasonable control. We may temporarily suspend access when reasonably necessary to maintain, protect, update, or secure the Services. Availability of Calimit does not guarantee that Apple Health synchronization will always be available, immediate, or successful.

22. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Services are provided "as is" and "as available." Neboryx makes no guarantee that Calimit will always be available or uninterrupted, nutrition information will always be accurate or complete, food database information will match a product's current labeling, AI-generated information will be accurate, barcode searches will always identify the correct product, calorie or macronutrient calculations will be error-free, information written to Apple Health will always be accurate or successfully synchronized, Apple Health synchronization will occur immediately or without interruption, every logged food or supported nutrient will successfully be written to Apple Health, the Services will meet every user's particular health or nutrition goals, or defects will always be corrected.

To the fullest extent permitted by law, Neboryx disclaims warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. Some jurisdictions do not permit certain warranty exclusions, so some exclusions may not apply to you.

23. Limitation of Liability

To the fullest extent permitted by applicable law, Neboryx LLC and its owners, officers, employees, contractors, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to the Services. This includes damages arising from reliance on inaccurate nutrition information, incorrect food-database information, AI-generated information, incorrect or unsuccessful Apple Health synchronization, loss of locally stored data, interruption of the Services, inability to access subscription functionality, third-party services, unauthorized access caused by circumstances outside our reasonable control, or decisions made based on information provided through Calimit or written to Apple Health.

To the fullest extent permitted by applicable law, Neboryx's aggregate liability arising from or relating to the Services will not exceed the greater of: (a) the amount you paid to Neboryx for use of Calimit during the 12 months immediately preceding the event giving rise to the claim; or (b) $100 USD.

Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, these limitations apply only to the maximum extent permitted by law. Nothing in these Terms excludes liability that cannot legally be excluded.

24. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Neboryx LLC and its officers, employees, contractors, and affiliates from claims, damages, liabilities, costs, and expenses arising from your unlawful misuse of the Services, your material violation of these Terms, your unauthorized or unlawful manipulation or misuse of Calimit's HealthKit functionality, or your infringement of another person's rights. This obligation does not apply to the extent a claim results from Neboryx's own unlawful conduct or negligence where applicable law prohibits such an allocation of responsibility.

25. Suspension or Termination

We may suspend or terminate access to all or part of the Services if we reasonably determine that you have materially violated these Terms, you are attempting to bypass security or subscription controls, your activity threatens the security or operation of the Services, your use is fraudulent or unlawful, or suspension or termination is required by law. Because Calimit currently uses anonymous access rather than traditional user accounts, our technical ability to suspend individual users may vary.

You may stop using Calimit at any time. Stopping use or deleting the App does not automatically cancel an active App Store subscription. Deleting Calimit, disabling Apple Health synchronization, or revoking Calimit's HealthKit permission does not necessarily delete nutrition information that was previously written to your Apple Health store. You can manage that information using Apple's applicable controls.

26. Apple App Store Terms

If you download Calimit through Apple's App Store, you acknowledge and agree that these Terms are between you and Neboryx LLC, not Apple; Neboryx, not Apple, is responsible for the Calimit App and its content; your right to use Calimit is subject to Apple's applicable App Store usage rules; Apple has no obligation to provide maintenance or support services for Calimit; Apple is not responsible for claims relating to Calimit except to the extent required under applicable law or Apple's applicable terms; and Apple and its subsidiaries are intended third-party beneficiaries of the provisions of these Terms relating to your license to use the App. Nothing in these Terms is intended to conflict with mandatory terms imposed by Apple for applications distributed through the App Store.

27. Apple Health and HealthKit Terms

Calimit's optional Apple Health functionality uses Apple's HealthKit framework. By enabling Apple Health synchronization, you acknowledge that the feature is optional and off by default, Apple controls the HealthKit authorization process, you must grant permission before Calimit can write supported nutrition information to Apple Health, Calimit writes only supported nutrition values associated with foods you log, Calimit does not create missing nutrition values solely to populate Apple Health, Calimit does not read information from Apple Health, Calimit does not access Clinical Health Records, Calimit does not guarantee that every HealthKit write will succeed, failure of an Apple Health write does not prevent the food from being logged to your local Calimit diary, and your use of Apple Health remains subject to Apple's applicable terms, policies, system functionality, and privacy controls.

28. International Use

Calimit may be available to users in the United States, Canada, and other jurisdictions where we choose to make the Services available. You are responsible for complying with laws applicable to your use of the Services. Availability of Calimit in a jurisdiction does not mean that every feature is appropriate, approved, or available for every person or purpose in that jurisdiction.

29. Governing Law

These Terms and any dispute arising from or relating to them will be governed by the laws of the State of Texas, without regard to conflict-of-law principles, except to the extent that applicable consumer-protection law requires otherwise. Nothing in these Terms deprives a consumer of protections that cannot be waived under the law of the jurisdiction where that consumer resides.

30. Dispute Resolution

Before filing a formal legal claim, you and Neboryx agree to make a reasonable effort to resolve the dispute informally. You may contact us at the email address listed below and describe the nature of the dispute, the relevant facts, and the resolution you are requesting. We may similarly contact you using contact information available to us, if any.

31. Changes to These Terms

We may update these Terms from time to time to reflect changes to Calimit, new features, changes to our business practices, changes to Apple Health or HealthKit functionality, changes to third-party services, legal or regulatory requirements, or other operational needs. When we update these Terms, we will revise the "Last Updated" date. If changes materially affect your rights or obligations, we may provide additional notice through the App, our website, or another appropriate method. Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law. If you do not agree to updated Terms, you should discontinue use of the Services and cancel any applicable subscription.

32. Severability

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent legally permissible and the remaining provisions will remain in effect.

33. No Waiver

If Neboryx does not immediately enforce a provision of these Terms, that does not waive our right to enforce that provision later.

34. Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. Neboryx may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or similar business transaction, subject to applicable law.

35. Entire Agreement

These Terms, together with the Calimit Privacy Policy and any additional terms presented to you for a particular feature or subscription, constitute the agreement between you and Neboryx regarding your use of the Services.

36. Contact Us

Questions about these Terms may be directed to: