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.
• Not measured: where no usable depth measurement is available, the numbers come from the vision model’s estimate or from the offline food database.

An entry says where its numbers come from wherever the app can say it. A measured portion carries the line Measured by the scan together with the volume it found; numbers computed on the device from the offline food database carry Calculated from the offline food database. An estimate from the vision model without a measurement carries neither — and that absence is itself the answer: no line means nothing was measured. We owe you those two lines wherever they apply, not a label on every entry.

The feature set may evolve. We may change or discontinue individual features, but only for a reason that has actually arisen — a change in the law, a store rule, a provider we depend on, or a technical necessity — and only where this is reasonable for you and does not devalue the core of the service.

You hear about it before it happens. We tell you in advance, in text form and we say what changes and when: by email if you have an account with us, and in the app itself before the change takes effect if you do not. Both are text form within the meaning of § 126b of the German Civil Code — and the second one matters, because an account is optional and a notice you never get is not a notice.

If the change does more than marginally affect how you can use Cal 3D, you may terminate free of charge within 30 days — of being told, or of the change taking effect, whichever is later (§ 327r (3) of the German Civil Code). You do not need a reason for that, and it costs you nothing. Your statutory right to terminate for cause is unaffected.

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.

An account is optional. Without one your data lives on your device alone; if you sign in, we sync it between your own devices as described in the privacy policy. You can delete the account in the app at any time.

Contract, subscription and cancellation

The app is distributed through Apple’s App Store and Google Play. Purchase, payment, invoicing and refunds therefore run through the respective store and are governed by its terms. The purchase contract for a subscription is concluded with Apple Distribution International Ltd., Cork, Ireland on iOS, and with Google Commerce Limited, Dublin, Ireland on Android — not with us. There is no other way to buy.

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

Cal 3D is a subscription app. Setting up your plan is free, and the subscription Cal 3D Premium is what unlocks the app itself — the diary, logging by hand, the barcode scanner, goals and weight history included. There is no free tier underneath it.

The yearly plan starts with a three-day free trial; the monthly plan has no trial. The trial is free and full — nothing is held back during it. If you do nothing, it turns into the paid yearly subscription at the end of the third day and is charged then. To avoid that, cancel before the third day is over. Cancelling during the trial costs nothing and you keep the app until the trial ends.

Apple takes the payment and manages the renewal, so cancelling happens there: Settings → your name → Subscriptions. We can neither charge you nor stop a charge.

What the subscription adds on top of that, for the duration of each billing period, are the two halves of a scan:

• volume measurement via the three-second sweep — the volume is computed on your iPhone and transmits nothing,
• image recognition of a photographed meal — this sends exactly one photo, as set out in the privacy policy. It is what names the items; the measured volume is then split across them on your iPhone, which is where grams per ingredient come from.

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. To restore purchases after a reinstall or on a new iPhone, open the upgrade screen in the app and tap Restore; the paid features are unlocked again afterwards. Your diary comes back only if you were signed in and sign in again — without an account it lived on the old device alone and went with the app. Your progress photos are the one exception: they are never synced, so they do not come back either way.

Referral programme

If someone enters your invite code during setup and then buys a paid subscription, you earn a reward. The reward follows the payment, not the install, and it is not taken back if your friend later cancels.

The full conditions — what earns a reward, the waiting period, the yearly limit and how to use your balance — are set out separately: Referral programme terms. The app links here from Terms and Conditions in your profile.

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 train nothing on them, and we do not pass them on for any purpose other than the one you triggered. The single exception is a wrong estimate you choose to report, and it is set out in the next paragraph rather than hidden in this one. 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.

One exception, and you trigger it yourself. If you report a wrong estimate, what you send with that report — the food, the numbers, your correction and any note you type — may be used to make the recognition better. That is the point of the report. Nothing else you log is used for it, and a report is deleted a year after it was made.

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 support@cal3d.app.

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.

Nutrition data and its licences

The nutrition values in Cal 3D do not come from us. They come from 8 public databases. Most of their licences require that we name the source, so all 8 are listed here with the licence they carry — this is the attribution those licences ask for.

• U.S. Department of Agriculture, Agricultural Research Service. FoodData Central. fdc.nal.usda.gov. fdc.nal.usda.gov · public domain (CC0 1.0)
• McCance and Widdowson's The Composition of Foods Integrated Dataset (2021). Public Health England and Department of Health and Social Care, London. Available at gov.uk. gov.uk · Open Government Licence v3.0
• ANSES (2020). Table de composition nutritionnelle des aliments Ciqual. Agence nationale de sécurité sanitaire de l’alimentation, de l’environnement et du travail, Maisons-Alfort. ciqual.anses.fr. ciqual.anses.fr · Licence Ouverte 2.0
• Mattilsynet, Helsedirektoratet og Universitetet i Oslo (2026). Matvaretabellen. Norwegian Food Safety Authority, Oslo. matvaretabellen.no. matvaretabellen.no · NLOD 2.0 — data adapted by Cal 3D
• Health Canada (2026). Canadian Nutrient File. Government of Canada, Ottawa. food-nutrition.canada.ca. food-nutrition.canada.ca · Open Government Licence – Canada
• Bundesamt für Lebensmittelsicherheit und Veterinärwesen BLV (2026). Schweizer Nährwertdatenbank V 7.1. Bern. naehrwertdaten.ch. naehrwertdaten.ch · Open use, source must be credited
• Open Food Facts. An open, community-maintained database of food products from around the world. The database is licensed under the Open Database License (ODbL); its individual contents are under the Database Contents License (DbCL). world.openfoodfacts.org · ODbL 1.0, DbCL 1.0
• Max Rubner-Institut (2025): Bundeslebensmittelschlüssel (BLS), Version 4.0 — Deutsche Nährstoffdatenbank. Karlsruhe. DOI: 10.25826/Data20251217-134202-0. blsdb.de · CC BY 4.0

What each database is actually used for — and every formula behind your calorie target — is set out on the sources page.

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: support@cal3d.app