Terms of Use

These Terms of Use ("Terms") are a legal agreement between you and Dinanjana Gunaratne, an individual sole proprietor operating as "MyCalorieCoach" ("MyCalorieCoach", "we", "us", or "our"), governing your use of the MyCalorieCoach mobile application and website (together, the "Service"). They also serve as the End User License Agreement (EULA) for the app.

Please read these Terms carefully. They include a binding limitation of liability, disclaimers of warranties, an indemnity, and important health and medical disclaimers. By downloading, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. By using the Service you represent that you meet these requirements.

2. Health and medical disclaimer

MyCalorieCoach is not a medical device and does not provide medical, nutritional, healthcare, or professional advice. The Service — including all calorie targets, macronutrient estimates, food analyses, coaching messages, and suggestions — is provided for general informational and educational purposes only. It is not a substitute for advice, diagnosis, or treatment from a qualified physician, registered dietitian, or other healthcare professional.

Always seek the advice of your physician or another qualified health provider before starting any diet, weight-loss, or exercise program, and before making decisions about your health. Do not use the Service if you have, or are at risk of, an eating disorder, are pregnant or breastfeeding, are under 18, or have a medical condition (such as diabetes, an eating disorder, kidney disease, or a heart condition) without first consulting your doctor.

Nutrition values, calorie counts, and coaching suggestions are AI-generated estimates and may be inaccurate, incomplete, or unsuitable for you. Never disregard professional medical advice or delay seeking it because of anything you read or receive in the Service. If you think you may have a medical emergency, call your doctor or emergency services immediately. You are solely responsible for your own health decisions and for how you use any information from the Service.

3. Artificial intelligence

The coach and nutrition features rely on artificial intelligence. AI output can be wrong, biased, or misleading, and the same question may produce different answers. You should independently verify any information that matters to you and exercise your own judgment. We do not warrant the accuracy, completeness, or usefulness of any AI-generated content.

4. Licence to use the app

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to download and use one copy of the app on an Apple device you own or control, solely for your personal, non-commercial use. Because the app is downloaded from the Apple App Store, your licence is also subject to Apple's Licensed Application End User License Agreement, available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. If these Terms conflict with Apple's Licensed Application EULA, these Terms govern except where Apple's terms are required to apply.

You may not, and may not permit anyone else to: copy, modify, or create derivative works of the Service; reverse engineer or attempt to extract the source code (except as permitted by law); rent, lease, lend, sell, or sublicense the Service; remove any proprietary notices; or use the Service to build a competing product.

5. Subscriptions, free trial, and billing

The Service is offered as an auto-renewing subscription, typically beginning with a 14-day free trial.

• Billing through Apple. Payment is charged to your Apple Account at confirmation of purchase. Subscriptions are sold and processed by Apple through the App Store; we do not process or store your payment details.
• Free trial. If you do not cancel before the free trial ends, your subscription begins and you will be charged the then-current price. Any unused portion of a free trial is forfeited when you purchase a subscription.
• Auto-renewal. Your subscription automatically renews for the same period at the then-current price unless you cancel at least 24 hours before the end of the current period. Your Apple Account is charged for renewal within 24 hours before the period ends.
• Managing and cancelling. You can manage or cancel your subscription, or turn off auto-renewal, at any time in your Apple Account settings (Settings → your name → Subscriptions). Deleting the app does not cancel your subscription.
• Refunds. Purchases are handled by Apple and are generally non-refundable except where required by law or by Apple's own policies. Refund requests are managed by Apple.
• Price changes. We may change subscription prices. Changes apply to future billing periods, and where required by Apple or by law you will be notified and asked to consent before a higher price takes effect.

6. Your content

You retain ownership of the content you submit — your logs, photos, messages, and metrics ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, and transmit Your Content solely to operate and provide the Service to you (including sending it to our AI providers to generate responses, as described in the Privacy Policy). You are responsible for Your Content and confirm you have the right to submit it.

7. Acceptable use

You agree not to: use the Service for any unlawful purpose; upload content that is illegal, infringing, or harmful; attempt to gain unauthorised access to the Service or other users' data; interfere with or disrupt the Service; scrape or harvest data; misuse the AI features to generate harmful content; or use the Service in any way that could damage or overburden it.

8. Third-party services

The Service relies on third-party providers (including Apple, OpenAI, Google, Supabase, and RevenueCat). Your use of those services may be subject to their own terms, and we are not responsible for their acts, omissions, or content.

9. Disclaimer of warranties

The Service is provided "AS IS" and "AS AVAILABLE," with all faults and without warranty of any kind. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, error-free, or that any information (including calorie, macro, or nutrition data) will be accurate, complete, or reliable, or that the Service will meet your requirements or produce any particular health, fitness, or weight result. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

10. Limitation of liability

To the maximum extent permitted by law, in no event will MyCalorieCoach (Dinanjana Gunaratne) be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or for any personal injury, bodily harm, health condition, or other damages arising out of or relating to your use of, or inability to use, the Service — including any reliance on calorie, macro, nutrition, or coaching information — whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or relating to the Service will not exceed the greater of (a) the total amount you paid us for the Service in the twelve (12) months before the event giving rise to the claim, or (b) fifty United States dollars (US$50).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law, and your mandatory statutory consumer rights are not affected.

11. Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless MyCalorieCoach (Dinanjana Gunaratne) from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, Your Content, your breach of these Terms, or your violation of any law or the rights of a third party.

12. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if you breach these Terms or if we discontinue the Service. You may stop using the Service and delete your account at any time. Sections that by their nature should survive termination (including Sections 6, 9, 10, 11, 13, and 14) will survive.

13. Governing law and dispute resolution

These Terms are governed by the laws of the Democratic Socialist Republic of Sri Lanka, without regard to its conflict-of-laws rules. You agree that the courts located in Colombo, Sri Lanka have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to their jurisdiction. Nothing in this section deprives you of any mandatory consumer-protection rights or protections available to you under the law of your country of residence.

14. Apple App Store additional terms

These Terms are between you and MyCalorieCoach only, not with Apple. Apple is not responsible for the Service or its content. The following apply to your use of the app obtained from the Apple App Store:

• Scope. The licence in Section 4 is limited to use on an Apple-branded device you own or control, as permitted by the App Store Terms of Service.
• Maintenance and support. We, not Apple, are solely responsible for providing any maintenance and support for the app. Apple has no obligation to furnish any maintenance or support.
• Warranty. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our responsibility, not Apple's.
• Product claims. We, not Apple, are responsible for addressing any claims relating to the app or your use of it, including product-liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims arising under consumer-protection or similar legislation.
• Intellectual property. In the event of a third-party claim that the app or your use of it infringes that party's intellectual-property rights, we, not Apple, are responsible for the investigation, defense, settlement, and discharge of that claim.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.

15. General

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service.

16. Changes to these Terms

We may update these Terms from time to time. When we do, we will change the "Last updated" date above and, where appropriate, notify you in the app. Your continued use of the Service after an update means you accept the revised Terms.

Contact

Questions about these Terms? Email dinanjanagunaratne@gmail.com.