Terms of Service

Medical Disclaimer: BiCal provides nutritional information and tracking tools for educational and informational purposes only. It is not a medical device and does not provide medical advice, diagnosis, or treatment. BiCal is not a substitute for professional dietary advice or medical consultation. Always consult a qualified healthcare professional, registered dietitian, or nutritionist before making significant changes to your diet, starting a weight loss program, or if you have any medical conditions. In emergencies, call your local emergency number immediately.

1. Acceptance of Terms

By downloading, installing, accessing, or using BiCal ("the App"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated by reference. These Terms constitute a legally binding agreement between you and BiCal ("we," "us," "our").

If you are using the App on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not download, install, or use the App.

For iOS users, these Terms are in addition to Apple's Licensed Application End User License Agreement (Standard EULA), which can be found at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

2. Description of Service

BiCal is a mobile calorie tracking and nutrition management application that provides the following features:

• AI-powered meal scanning using photo analysis to identify foods and estimate nutritional content
• Manual food and meal logging with comprehensive nutrition database
• Personalized daily calorie and macronutrient goals based on user profile
• Meal history tracking and progress visualization
• Smart meal reminders and notifications
• Nutritional insights and recommendations
• Integration with Apple Health and Google Fit (where available)
• Premium features available through paid subscriptions

3. Eligibility & Account Registration

3.1 Age Requirements

• You must be at least 13 years old to use BiCal (16 in the EEA)
• Users between 13-18 years old (16-18 in the EEA) must have parental or guardian consent
• By using the App, you represent that you meet these age requirements

3.2 Account Creation

To use BiCal, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and complete
• Keep your password secure and confidential
• Not share your account credentials with others
• Accept full responsibility for all activities that occur under your account
• Notify us immediately at help@bical.app of any unauthorized access or security breach

3.3 Account Security

You are solely responsible for maintaining the security of your account. BiCal is not liable for any loss or damage arising from your failure to protect your account credentials. If you suspect unauthorized use of your account, change your password immediately and contact us.

4. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Download and install the App on devices that you own or control
• Access and use the App for your personal, non-commercial purposes

This license does not include any rights to:

• Resell, distribute, or sublicense the App
• Use the App for commercial purposes without our written consent
• Modify, adapt, translate, or create derivative works of the App
• Reverse engineer, decompile, disassemble, or attempt to discover the source code
• Remove, alter, or obscure any proprietary notices on the App

5. Subscriptions & Payments

5.1 Subscription Plans

BiCal offers the following subscription options to unlock premium features:

• Weekly Subscription: $4.99 per week
• Monthly Subscription: $19.99 per month
• Annual Subscription: $49.99 per year

Subscription prices are subject to change with advance notice. Premium features may include unlimited meal scans, advanced analytics, custom goals, ad-free experience, and other features as described in the App.

5.2 Free Trial

We may offer a free trial period for new subscribers. If you start a free trial:

• You will have access to premium features during the trial period
• You will be automatically charged the subscription fee when the trial ends unless you cancel before the trial period expires
• You can cancel anytime during the trial without being charged
• Free trials are typically limited to one per user

5.3 Payment & Billing

• All payments are processed by Apple App Store or Google Play Store
• We do not receive or store your full payment card details
• Subscriptions are billed in advance at the beginning of each billing period
• Your account will be charged the subscription fee in the currency displayed at the time of purchase
• All fees are exclusive of applicable taxes, which will be added to your purchase as required by law

5.4 Auto-Renewal

IMPORTANT: Your subscription will automatically renew unless you cancel it.

• Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the period ends
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• The renewal charge will be at the same price you initially paid, unless we notify you of a price change in advance
• You will receive a notification before each renewal (subject to platform settings)

5.5 Managing Your Subscription

To view, manage, or cancel your subscription:

On iOS:

1. Open the Settings app on your device
2. Tap your name at the top
3. Tap "Subscriptions"
4. Select BiCal
5. Choose "Cancel Subscription" to turn off auto-renewal

Alternatively: Open App Store → Tap your profile icon → Subscriptions → BiCal

On Android:

1. Open Google Play Store
2. Tap Menu (three lines) → Subscriptions
3. Select BiCal
4. Tap "Cancel subscription"

5.6 Cancellation

• You can cancel your subscription at any time through your app store account settings
• Cancellation takes effect at the end of your current billing period
• You will continue to have access to premium features until the end of the paid period
• No partial refunds are provided for unused time in a billing period
• After cancellation, your account will revert to the free version

5.7 Refunds

All subscription fees are non-refundable except as required by applicable law or as expressly stated in these Terms. Refund requests are subject to the policies of Apple App Store or Google Play Store:

• iOS users: Submit refund requests through the App Store. Visit Apple Support or go to reportaproblem.apple.com
• Android users: Submit refund requests through Google Play. Visit Google Play Help

We cannot process refunds directly as all payments are handled by the app store platforms. Contact us at help@bical.app if you have questions about your subscription or believe you were charged in error.

5.8 Price Changes

We reserve the right to change subscription prices at any time. Price changes will:

• Be communicated to you in advance through the App or via email
• Not affect your current subscription period
• Take effect at your next renewal after the notice period
• Give you the opportunity to cancel before the price change takes effect

6. Acceptable Use Policy

You agree to use BiCal only for lawful purposes and in accordance with these Terms. You agree NOT to:

6.1 Prohibited Activities

• Violate any applicable local, state, national, or international law or regulation
• Infringe upon or violate our intellectual property rights or the rights of others
• Harass, abuse, threaten, or intimidate other users
• Use the App to transmit or distribute viruses, malware, or other malicious code
• Attempt to gain unauthorized access to our systems, servers, or networks
• Interfere with or disrupt the App's functionality or servers
• Use automated scripts, bots, or scrapers to access the App
• Reverse engineer, decompile, disassemble, or attempt to discover the source code of the App
• Modify, adapt, or hack the App or falsely imply any association with us
• Use the App for any commercial purpose without our express written permission
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Collect or harvest any personal information from other users
• Upload or transmit any content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable

6.2 User Content

You may upload meal photos, notes, and other content to BiCal. You agree not to upload content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or discriminatory
• Infringes on any intellectual property, privacy, or other rights of third parties
• Contains personal information of others without their consent
• Is fraudulent, deceptive, or misleading
• Contains explicit, pornographic, or inappropriate material
• Promotes dangerous, unhealthy, or harmful behavior (e.g., extreme dieting, eating disorders)

7. Health & Medical Disclaimers

7.1 Not Medical Advice

CRITICAL DISCLAIMER: BiCal is not a medical device, medical service, or healthcare provider. The App does not provide medical advice, diagnosis, or treatment.

BiCal is designed for:

• Educational and informational purposes only
• General wellness and nutrition tracking
• Helping users monitor their dietary intake

BiCal is NOT designed or intended for:

• Diagnosing, treating, curing, or preventing any disease or medical condition
• Providing medical, dietary, or nutritional advice
• Replacing professional medical consultation or treatment
• Use in emergency situations
• Clinical decision-making or patient management

7.2 Consult Healthcare Professionals

ALWAYS consult qualified healthcare professionals before:

• Starting any diet, nutrition, or weight loss program
• Making significant changes to your eating habits
• Beginning any exercise or fitness regimen
• Using BiCal if you have any medical conditions, including but not limited to: diabetes, heart disease, kidney disease, eating disorders, food allergies, pregnancy, or any chronic illness
• Taking any medications that may interact with dietary changes
• Making decisions about your health based on information from BiCal

Seek immediate medical attention if you experience any adverse health effects.

7.3 Accuracy of Information

IMPORTANT: BiCal's nutritional information and AI analysis are approximations and may contain errors.

Factors affecting accuracy include:

• Photo quality, lighting, and angle
• Portion size estimation limitations
• Food preparation methods and ingredients variations
• Database limitations and inconsistencies
• AI model limitations and recognition errors
• User input errors

You should:

• Not rely solely on BiCal for precise nutritional information
• Verify important nutritional data with reliable sources
• Use BiCal as a general tracking tool, not an exact science
• Consult a registered dietitian or nutritionist for accurate dietary guidance

7.4 No Guarantee of Results

BiCal does not guarantee any specific health, fitness, or weight loss results. Individual results vary based on numerous factors including:

• Genetics and metabolism
• Adherence to goals and consistency
• Overall health status and medical conditions
• Physical activity levels
• Sleep, stress, and lifestyle factors
• Age, gender, and body composition

7.5 Eating Disorders Warning

If you have or suspect you have an eating disorder (anorexia, bulimia, binge eating disorder, etc.), please consult with a healthcare professional before using BiCal. Calorie tracking may not be appropriate for individuals with eating disorders and could potentially be harmful. If you experience symptoms of an eating disorder while using BiCal, discontinue use and seek professional help immediately.

7.6 Emergency Situations

BiCal is not designed for emergency use. In case of a medical emergency, call emergency services immediately (911 in the US, 112 in Europe, or your local emergency number).

7.7 Pregnant & Nursing Women

If you are pregnant, nursing, or planning to become pregnant, consult your healthcare provider before using BiCal to track calories or make dietary changes. Nutritional needs vary significantly during pregnancy and lactation.

8. AI Output & Limitations

BiCal uses artificial intelligence (AI) to analyze meal photos and estimate nutritional content. You acknowledge and agree that:

• AI-generated outputs may be inaccurate, incomplete, or incorrect
• AI cannot perfectly identify all foods or account for all recipe variations
• Portion sizes are estimated and may differ from actual amounts
• Hidden ingredients, sauces, and preparation methods affect accuracy
• You are solely responsible for how you use AI-generated information
• You should always verify critical nutritional information with reliable sources
• BiCal is not liable for decisions made based on AI outputs

9. Intellectual Property Rights

9.1 Ownership

The App and all its content, features, functionality, designs, graphics, text, software, code, AI models, and algorithms are owned by BiCal or our licensors and are protected by:

• Copyright laws
• Trademark laws
• Trade secret laws
• Patent laws
• Other intellectual property laws

All rights not expressly granted to you in these Terms are reserved by BiCal.

9.2 Your Content

You retain ownership of all content you upload to BiCal (meal photos, notes, etc.). By uploading content, you grant BiCal a worldwide, non-exclusive, royalty-free, transferable license to:

• Use, store, process, reproduce, and display your content
• Analyze your content to provide and improve the App's services
• Create derivative works (e.g., cropped or resized images for display purposes)

This license exists solely for the purpose of operating, improving, and providing BiCal's services to you. We will not sell your content or use it for advertising purposes.

9.3 Feedback

If you provide us with feedback, suggestions, ideas, or other input about BiCal ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our products and services without any obligation to compensate you.

9.4 Trademarks

BiCal, our logo, and other BiCal marks are trademarks of BiCal. You may not use these marks without our prior written permission. Other trademarks appearing in the App are the property of their respective owners.

10. Third-Party Services & Links

BiCal may integrate with or contain links to third-party services, websites, or content, including:

• Apple Sign In and Google OAuth for authentication
• OpenAI for AI-powered meal analysis
• Apple Health and Google Fit for health data integration
• Payment processors (Apple App Store, Google Play Store)
• Analytics and performance monitoring services
• External nutrition databases and health resources

Your use of third-party services is subject to their respective terms of service and privacy policies. We do not control, endorse, or assume responsibility for:

• The content, privacy practices, or terms of third-party services
• Any damages or losses caused by your use of third-party services
• The availability, accuracy, or reliability of third-party services

We encourage you to review the terms and privacy policies of any third-party services before using them.

11. Privacy & Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information are governed by our Privacy Policy, which is available at bical.app/privacy-policy and is incorporated into these Terms by reference.

By using BiCal, you consent to our Privacy Policy and agree that:

• We may collect and process your personal information as described in the Privacy Policy
• Meal photos you upload may be analyzed using third-party AI services
• We implement security measures to protect your data, but no system is 100% secure
• You are responsible for keeping your account credentials confidential
• You have rights regarding your personal data as described in the Privacy Policy

12. Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

BiCal disclaims all warranties, including but not limited to:

• Merchantability: The App is fit for sale or use
• Fitness for a Particular Purpose: The App meets your specific needs
• Non-Infringement: The App does not violate third-party rights
• Accuracy: Information provided is accurate, complete, or reliable
• Uninterrupted Service: The App will operate without interruption or errors
• Security: The App is completely secure or free from viruses
• Results: Use of the App will produce specific results

We do not warrant that:

• The App will meet your requirements or expectations
• The App will be available at all times or without interruptions
• Errors or defects will be corrected
• The App is free from bugs, viruses, or other harmful components
• Results obtained from using the App will be accurate or reliable

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, some of the above exclusions may not apply to you.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BICAL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR:

13.1 Types of Damages

• Indirect damages: Any consequential, incidental, special, exemplary, or punitive damages
• Economic losses: Loss of profits, revenue, business, data, goodwill, or anticipated savings
• Personal injury: Any physical or mental injury, illness, or health complications arising from use of the App
• Service interruptions: Any interruption, error, delay, or failure in the App's operation
• Data loss: Loss, corruption, or unauthorized access to your data
• Third-party actions: Actions or omissions of third-party service providers
• AI inaccuracies: Errors, inaccuracies, or incompleteness in AI-generated outputs
• Health outcomes: Any health, fitness, or weight loss results (or lack thereof) from using the App

13.2 Maximum Liability

IN NO EVENT SHALL BICAL'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS EXCEED THE GREATER OF:

• The amount you paid to us in the 12 months preceding the claim; OR
• $100 USD

13.3 Basis of the Bargain

You acknowledge that the limitations of liability in this section are fundamental elements of the agreement between you and BiCal, and that BiCal would not provide the App to you without these limitations.

13.4 Jurisdictional Limitations

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless BiCal, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the App
• Your violation of these Terms or any applicable law
• Your violation of any rights of third parties, including intellectual property rights
• Your User Content or any content you upload to the App
• Your negligent or willful misconduct
• Any false or misleading information you provide
• Your failure to comply with any health or safety warnings

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of these claims.

15. Termination

15.1 Termination by You

You may terminate your account and stop using BiCal at any time by:

• Deleting your account through the App settings (Settings → Account → Delete Account)
• Uninstalling the App from your device
• Contacting us at help@bical.app

If you have an active subscription, canceling your account does not automatically cancel your subscription. You must cancel your subscription separately through the app store.

15.2 Termination by BiCal

We may suspend or terminate your access to the App immediately, without prior notice or liability, for any reason, including if:

• You breach these Terms or violate any applicable law
• You engage in prohibited activities or misuse the App
• You upload prohibited or harmful content
• Your account has been inactive for an extended period
• We are required to do so by law or legal process
• We decide to discontinue the App or certain features
• Continuing to provide service would create legal liability or risk for us

15.3 Effect of Termination

Upon termination of your account:

• Your right to use the App immediately ceases
• Your account data may be deleted in accordance with our data retention policies
• Provisions that should survive termination will continue to apply (including intellectual property rights, disclaimers, limitations of liability, indemnification)
• Active subscriptions will be cancelled, but no refunds will be provided for unused time except as required by law
• You remain liable for any obligations incurred before termination

15.4 Data Export

Before deleting your account, you may export your data through the App settings (Settings → Export Data). After account deletion, we cannot recover your data.

16. Dispute Resolution & Arbitration

16.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at help@bical.app to attempt to resolve the dispute informally. We will attempt to resolve the dispute in good faith within 60 days.

16.2 Binding Arbitration

If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or the App shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property infringement.

By agreeing to these Terms, you waive your right to:

• Have disputes heard by a judge or jury
• Participate in class actions or class arbitrations
• Participate as a class member in any class proceeding

16.3 Arbitration Rules

• Arbitration will be conducted under the rules of the American Arbitration Association (AAA)
• The arbitration will be conducted by a single neutral arbitrator
• The arbitrator's decision will be final and binding
• Each party will bear its own costs, unless the arbitrator determines otherwise
• The arbitration will take place in a location reasonably convenient to both parties

16.4 Exception for Small Claims

Either party may bring an individual action in small claims court instead of arbitration if the claim is within the court's jurisdiction and proceeds on an individual (non-class) basis.

16.5 Opt-Out

You may opt out of arbitration by sending written notice to help@bical.app within 30 days of first accepting these Terms. Your opt-out must include your name, address, and a clear statement that you do not wish to resolve disputes through arbitration.

17. Governing Law & Jurisdiction

These Terms and your use of BiCal are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.

Any disputes not subject to arbitration shall be brought exclusively in the courts located in [Your Jurisdiction], and you consent to the personal jurisdiction of such courts.

If you are a consumer in the European Union, you may also have rights under your local consumer protection laws, and nothing in these Terms affects those rights.

18. Changes to the App & Terms

18.1 App Modifications

We reserve the right to:

• Modify, suspend, or discontinue the App (or any part thereof) at any time
• Change features, functionality, or pricing
• Impose limits on certain features or services
• Remove or restrict content

We will provide reasonable notice of material changes when feasible. Continued use after changes constitutes acceptance.

18.2 Terms Updates

We may update these Terms from time to time. When we do, we will:

• Update the "Effective date" at the top of these Terms
• Post the updated Terms in the App and on our website
• Notify you through the App or via email for material changes
• For significant changes, we may require you to accept the new Terms before continuing to use the App

Your continued use of BiCal after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the App and delete your account.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BiCal regarding the App and supersede all prior agreements, understandings, and communications.

19.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

19.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by us.

19.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction, including to any affiliate or in connection with a merger, acquisition, or sale of assets.

19.5 Force Majeure

BiCal is not liable for any failure to perform or delay in performance due to circumstances beyond our reasonable control, including:

• Acts of God, natural disasters, war, terrorism
• Government actions, laws, or regulations
• Internet service provider failures or delays
• Power outages, server failures, or technical problems

19.6 Export Controls

You agree to comply with all applicable export and re-export control laws and regulations. You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country.

19.7 Electronic Communications

By using BiCal, you consent to receive electronic communications from us, including emails, push notifications, and in-app messages. These communications may include service announcements, administrative messages, and updates. You agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

19.8 No Agency

No agency, partnership, joint venture, or employment relationship is created between you and BiCal as a result of these Terms or your use of the App.

19.9 Headings

Section headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

20. App Store Terms

If you download BiCal from the Apple App Store or Google Play Store, you acknowledge and agree that:

20.1 Apple App Store

• These Terms are between you and BiCal, not with Apple
• Apple has no obligation to provide maintenance or support for the App
• Apple is not responsible for addressing any claims related to the App or your use of it
• In the event of any third-party claim that the App infringes intellectual property rights, BiCal (not Apple) is responsible for the investigation, defense, settlement, and discharge of such claim
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and have the right to enforce these Terms against you
• You must comply with applicable third-party terms when using the App (e.g., wireless data service agreement)

Apple's Licensed Application End User License Agreement (Standard EULA) is incorporated by reference and available at: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

20.2 Google Play Store

• You must comply with the then-current Google Play Terms of Service
• Google is not responsible for the App or its content
• Google has no obligation or liability to you with respect to the App

21. Contact Information

If you have questions, concerns, feedback, or requests regarding these Terms or the App, please contact us:

We will respond to your inquiries within a reasonable timeframe, typically within 5-10 business days.

22. Acknowledgment & Acceptance

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING BICAL, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE APP.

You represent and warrant that:

• You have the legal capacity to enter into these Terms
• You meet the age requirements (at least 13 years old, 16 in the EEA)
• If under 18, you have obtained parental or guardian consent
• All information you provide is accurate and truthful
• You will comply with all applicable laws and these Terms