Terms of Service

Scope and provider

These terms govern the use of the Cal 3D app and its related services. The provider is:

Deviating terms of the user do not become part of the contract unless we expressly agree to them.

Health notice — please read this first

Every nutrition value in the app is an estimate. Even where the volume is measured, the step from volume to calories remains a calculation based on average values. Do not make health-relevant decisions on this basis alone.

If you have a medical condition

With diabetes, kidney or liver disease, during pregnancy and breastfeeding, and with food allergies or intolerances, a wrong number can have real consequences. Please talk to your doctor before adjusting your diet to the app’s values. Never rely on automatic recognition where allergies are concerned.

If counting calories is not good for you

For people with an eating disorder or disordered eating, counting calories can be distressing and can reinforce existing patterns. If this applies to you now or has in the past, please use the app only in agreement with a professional — or not at all.

In Germany, the Federal Institute for Public Health offers free, anonymous advice on 0221 892031; in Austria, the eating disorder hotline on 0800 20 11 20. Opening hours are on the linked pages — they change, so we do not copy them here. Elsewhere, please contact a local support service.

What the app does

Cal 3D records meals in one of two ways:

• Measured: you sweep around the plate, the app computes the volume from the camera’s depth data and derives weight from density values.
• Estimated: where no usable depth measurement is available, the app works from the vision model’s estimate.

Every entry is labelled with which of the two applied. That label is part of the service, not decoration: it is the only way for you to judge how much weight a number carries.

The feature set may evolve. We reserve the right to change or discontinue individual features where this is reasonable for you and does not devalue the core of the service. If a material feature of a running subscription is discontinued, you may terminate for cause.

Requirements for use

Use requires a minimum age of 16. If you are younger, you may not use the app — not even with the consent of your parents. The privacy policy states the same age.

There is no user account. You never sign in; your data lives on your device. Details are in the privacy policy.

Contract, subscription and cancellation

The app is distributed through Apple’s App Store. Purchase, payment, invoicing and refunds therefore run through Apple and are governed by its terms — the purchase contract for a subscription is concluded with Apple Distribution International Ltd., Cork, Ireland, not with us. There is no Android version; if one arrives, the same applies with Google Play.

Technically we can neither collect nor refund payments — both sit with the store. Your statutory right of withdrawal is unaffected: who to send it to, and how to get your money back, is on the cancellation and refunds page.

What the subscription includes

The dividing line is the scan, not the device: everything you do by hand stays free for good — logging meals, scanning barcodes, the diary, goals, weight history. The subscription Cal 3D Premium unlocks, for the duration of each billing period, the two halves of a scan:

• volume measurement via the three-second sweep, including grams per ingredient — this runs on your iPhone and transmits nothing,
• image recognition of a photographed meal — this sends exactly one photo, as set out in the privacy policy.

The subscription is offered with a monthly and a yearly term. The App Store shows you the price of the chosen term before you buy; it also appears in the app above the purchase button. A payment obligation only arises once you confirm in the store.

Term and renewal

Renewal follows the App Store’s terms, not these terms of use: Apple renews a subscription for the chosen period unless you cancel at least 24 hours before it ends. We do not agree any minimum term or renewal of our own with you; you can turn renewal off in the store at any time.

Cancelling

Cancellation happens in the store, not with us:

• Manage Apple subscriptions

After cancelling you keep the paid features until the end of the current billing period. Deleting the app does not end a subscription — that is the most common expensive mix-up, which is why it is stated here explicitly.

Restoring purchases

A subscription is tied to your Apple Account, not to an account with us. After a reinstall or on a new iPhone, open Profile in the app and tap Restore purchases; the paid features are unlocked again afterwards. Your diary data does not come back — it lives on the device alone and is deleted with the app.

Right of withdrawal

As a consumer you have a statutory right of withdrawal. Because the purchase contract is concluded with Apple Distribution International Ltd., the withdrawal goes there — the address, the deadline and the case in which the right expires early are all on the cancellation and refunds page.

For purchases in the App Store, refund requests go to Apple first: report a problem to Apple. Apple decides on the request; how long that takes is not up to us.

Your obligations

When using the app you will refrain from:

• using the analysis endpoint automatically, in bulk, or from outside the app,
• circumventing protective measures, in particular the daily analysis limit,
• reverse-engineering, modifying or reproducing the app beyond what the law permits,
• uploading content you have no rights to or that infringes the rights of others.
• photographing other people without their agreement. Point the camera at your food, not at the table — anyone recognisable in the frame is transmitted along with it, and they never agreed to that.

In case of serious or repeated breaches we may block access to the analysis endpoint. We will warn you beforehand unless an immediate block is necessary to prevent acute harm.

Availability

We aim for continuous operation but do not owe it without interruption. Maintenance, outages at our providers and events outside our control may cause interruptions. If the analysis is unavailable for a longer period, manual logging continues to work.

Defects and warranty

The statutory provisions on the supply of digital products (§§ 327 et seq. German Civil Code) apply. If the app is defective you may demand cure; if that fails you may terminate the contract or reduce the price.

What the app owes is set out above under What the app does: it delivers estimates and labels every entry with whether a measurement is behind it. That label is the agreed quality. It is a defect if the app reports a number as measured when no measurement took place — in that case please write to us. Your statutory rights remain unaffected in any event; we neither exclude nor limit them.

Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and to the extent of any guarantee given.

For simple negligence we are liable only for breach of material obligations whose fulfilment makes proper performance of the contract possible in the first place and on whose observance you may regularly rely. In that case liability is limited to the damage foreseeable and typical for this type of contract at the time it was concluded.

Any further liability is excluded.

Changes to these terms

We may change these terms where there is an objective reason — a change in law, a court ruling, or a changed feature — and the change does not unreasonably disadvantage you. We will inform you at least six weeks in advance in the app or by email.

Changes only take effect with your consent. We do not treat your silence as agreement. If you do not consent, the previous terms continue to apply to you until the end of the current billing period; after that you can decide whether to carry on under the new terms.

Your licence to use the app

On download you receive a simple, non-exclusive, non-transferable right to use Cal 3D on the devices associated with your Apple Account, for private purposes. The app is licensed, not sold. All rights in the software, the name and the mark remain with us.

And the other way round: we claim no rights in what you put into the app. Your photos, your entries and your diary remain yours. We take no licence in them, we do not use them to train anything, and we do not pass them on for any purpose other than the one you triggered. Where that limit ends is stated just as plainly: what the model provider does with a transmitted image is beyond our control, and the privacy policy says so rather than promising otherwise.

The agreement covering your use of the app is solely between you and Noah Sioly UG (haftungsbeschränkt). Apple is not a party to it. Apple is not responsible for the app or its content and owes you no support; warranty, product liability, third-party claims and compliance with legal requirements are our responsibility alone. Address any question about the app to noah.sioly.ug@gmail.com.

Apple and Apple’s subsidiaries are third-party beneficiaries of these terms and may enforce them against you once you accept them. If we fail to act on a valid complaint about a defect, Apple may refund the purchase price to you; no further claims against Apple exist.

By using the app you confirm that you are not located in a country subject to a United States embargo or designated by the United States as “terrorism supporting”, and that you are not on any United States list of prohibited or restricted parties. Apple requires this statement across the App Store; it has nothing to do with our own terms.

Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If your habitual residence is in another EU member state, the mandatory consumer protection provisions of that state remain unaffected — this choice of law takes nothing away from you.

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

Should any provision of these terms be invalid, the remainder of the contract remains effective. The statutory rule takes the place of the invalid provision.

Questions about these terms: noah.sioly.ug@gmail.com