Legal

Terms of Use for CaloBite

Effective Date: March 8, 2026

Please read these Terms of Use ("Terms") carefully before using the CaloBite mobile application ("the App") operated by Kevin Merz ("we", "us", "our").

By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

1. Important Disclaimer

• Not medical or dietary advice: The App provides AI-assisted nutritional estimates and general wellness tools only. It does not provide medical advice, diagnosis, or treatment.
• AI estimates: Nutritional values provided by the AI are estimates and may not be 100% accurate. They should not be relied upon for medical dietary requirements.
• Not a substitute for professional guidance: The App is not a replacement for advice from qualified healthcare professionals, registered dietitians, or nutritionists.
• Seek professional help: If you have specific dietary needs, food allergies, eating disorders, or health conditions that require dietary management, please consult qualified healthcare professionals.
• No guarantees: We make no guarantees about the accuracy of nutritional data or the effectiveness of the App in helping you achieve health or weight goals.

2. Description of Service

CaloBite is an AI-powered nutrition tracking application that provides:

• AI-assisted food analysis and calorie estimation
• Nutrition score ratings for meals
• Macro tracking (calories, protein, carbs, fat)
• Weekly nutrition history and trends
• Customizable meal reminders
• Daily nutritional goal tracking

The App is intended as a supportive tool to help you make informed food choices, not as a substitute for professional dietary advice.

3. Eligibility

• You must be at least 4 years of age to use this App.
• By using the App, you represent that you meet this age requirement.
• If you are using the App on behalf of another person, you represent that you have the authority to bind that person to these Terms.

4. User Responsibilities

By using the App, you agree to:

• Use the App only for its intended purpose as a personal nutrition tracking tool
• Understand that AI-generated nutritional values are estimates
• Not rely solely on the App for medical dietary decisions
• Seek professional medical or dietary help when needed
• Not use the App in any way that violates applicable laws or regulations
• Not attempt to reverse engineer, modify, or create derivative works of the App

5. Subscriptions and Payments

5.1 Premium Features

Some features of the App require a paid subscription ("Premium"). Premium features are described in the App.

5.2 Billing

• All purchases are processed through the Apple App Store.
• Subscription prices are displayed in the App and may vary by region.
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period.
• Your account will be charged for renewal within 24 hours prior to the end of the current period.

5.3 Cancellation and Refunds

• You may cancel your subscription at any time through your Apple ID account settings.
• Cancellation takes effect at the end of the current billing period.
• Refunds are handled by Apple according to their refund policies.
• We do not provide direct refunds for subscriptions purchased through the App Store.

5.4 Free Trial

If offered, free trials automatically convert to paid subscriptions unless cancelled before the trial ends.

6. Intellectual Property

• The App and all its contents, features, and functionality are owned by Kevin Merz and are protected by international copyright, trademark, and other intellectual property laws.
• You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.
• You may not copy, modify, distribute, sell, or lease any part of the App or its content.

7. User-Generated Content

Any content you create within the App (food entries, meal notes, etc.):

• Remains your property
• Is stored locally on your device
• Is not accessed, viewed, or used by us
• Is your responsibility to back up

8. AI Processing

• When you use the AI food analysis feature, your food description is sent to a secure cloud function for processing.
• No personal data (name, email, device ID) is sent with the food description.
• Food descriptions are not stored on our servers after processing.
• The AI response (nutritional data) is stored locally on your device only.

9. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the App will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of any nutritional data
• Warranties that the App will meet your requirements or expectations
• Warranties that the AI-generated nutritional values will be accurate

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill.
• We shall not be liable for any damages arising from your use of or inability to use the App.
• We shall not be liable for any damages arising from inaccurate nutritional data or AI estimates.
• We shall not be liable for any health-related outcomes from dietary decisions based on the App.
• Our total liability for any claims arising from these Terms or your use of the App shall not exceed the amount you paid for the App in the 12 months preceding the claim, or EUR 50, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Kevin Merz and any affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the App
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Any content you create or submit through the App

12. Modifications to the App

We reserve the right to:

• Modify, suspend, or discontinue the App or any feature at any time without notice
• Update the App to fix bugs, add features, or comply with legal requirements
• Change subscription pricing for future billing periods with reasonable notice

13. Termination

• You may stop using the App at any time by uninstalling it.
• We may terminate or suspend your access to the App at any time, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
• Upon termination, your right to use the App ceases immediately.
• Sections regarding disclaimers, limitation of liability, and indemnification survive termination.

14. Governing Law and Dispute Resolution

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.
• Jurisdiction: Any disputes arising from these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts of Soest, Germany.
• EU Consumers: If you are a consumer in the European Union, you may also bring proceedings in your country of residence. Nothing in these Terms affects your rights as a consumer under mandatory consumer protection laws.
• Online Dispute Resolution: The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede any prior agreements.

17. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by updating the "Effective Date" at the top. Your continued use of the App after changes constitutes acceptance of the updated Terms.

18. Contact

For questions about these Terms, please contact:

Kevin Merz
E-Mail: MerzKevin@me.com

Privacy Policy for CaloBite

Effective Date: March 8, 2026

This privacy policy explains how CaloBite ("the App", "we", "us") collects, uses, and protects your data. CaloBite is developed and operated by Kevin Merz.

1. Overview

CaloBite is an AI-powered calorie and nutrition tracking app that helps you understand what you eat. The App is designed with privacy as a core principle:

• No user accounts required - The app works entirely without registration
• Local-first storage - All your food entries and nutrition data are stored locally on your device
• AI processing without personal data - Food descriptions are analyzed via a secure cloud function, but no personal data is sent or stored server-side
• Minimal analytics - We collect anonymous usage data to improve the app
• No advertising - The app contains no third-party ads

2. Data Stored Locally on Your Device

All your personal nutrition data is stored exclusively on your device. We have no access to this data.

2.1 Food Entries

• What: Your logged meals, food descriptions, calorie and macro values, nutrition scores
• Storage: Locally on your device only
• Purpose: To track your daily nutrition intake and display your history
• Your control: You can delete any entry at any time within the app

2.2 Nutrition Goals and Preferences

• What: Your daily calorie and macro targets, meal reminder settings
• Storage: Locally on your device only
• Purpose: To personalize your tracking experience and send meal reminders
• Your control: You can modify or reset these at any time

2.3 Weekly History and Trends

• What: Aggregated nutrition data over time (daily totals, weekly averages)
• Storage: Locally on your device only
• Purpose: To show you nutrition patterns and trends

2.4 App Preferences

• What: Settings like onboarding completion, dark mode preference, rating flow status
• Storage: Locally via iOS UserDefaults
• Purpose: To remember your preferences across app sessions

3. AI Food Analysis

When you use the AI food analysis feature:

• What is sent: Only the food description text you enter (e.g., "grilled chicken with rice")
• What is NOT sent: Your name, email, device ID, location, or any other personal data
• Processing: The food description is processed by a secure cloud function to generate nutritional estimates
• Storage: Food descriptions are NOT stored on our servers after processing
• Result: The AI-generated nutritional data is returned to and stored locally on your device only
• Legal basis: Contract performance (Art. 6(1)(b) GDPR) - necessary to provide the core service

4. Data We Collect

We collect limited data through third-party services to improve the app and ensure stability.

4.1 Firebase Analytics

• What: Anonymous usage data (screen views, feature usage, app events)
• Purpose: To understand how users interact with the app and improve features
• Identifiers: Anonymous device and user IDs (not linked to your identity)
• Legal basis: Legitimate interest (Art. 6(1)(f) GDPR)
• Privacy Policy: https://firebase.google.com/support/privacy

4.2 Firebase Crashlytics

• What: Crash reports and performance data
• Purpose: To identify and fix bugs, improve app stability
• Identifiers: Anonymous installation ID
• Legal basis: Legitimate interest (Art. 6(1)(f) GDPR)
• Privacy Policy: https://firebase.google.com/support/privacy

4.3 StoreKit (Subscription Management)

• What: Purchase transactions and subscription status
• Purpose: To verify your Premium status and restore purchases
• How: Handled entirely by Apple's StoreKit framework
• Our access: We only receive subscription status information (active/expired), no payment details
• Privacy Policy: https://www.apple.com/legal/privacy/

5. Push Notifications

• What: Local push notifications for meal reminders
• How: Scheduled locally on your device using iOS notification framework
• No server involvement: Reminders are not sent from our servers - they are triggered locally on your device
• Your control: You can enable/disable meal reminders in the app settings or in your device's notification settings at any time

6. Data We Do NOT Collect

CaloBite is built to respect your privacy. We do not collect:

• Names, email addresses, or contact information
• Location data
• Health data from HealthKit
• Your food entries or nutrition data (stored locally only)
• Photos or camera data
• Advertising identifiers for tracking purposes
• Data from your contacts, calendar, or other apps

7. Third-Party Services Summary

Service	Purpose	Data Shared
Firebase Analytics	Usage analytics	Anonymous usage events, device info
Firebase Crashlytics	Crash reporting	Crash logs, device info
Apple StoreKit	Subscription management	Handled entirely by Apple
Apple App Store	Payment processing	Handled entirely by Apple
AI Cloud Function	Food analysis	Food description text only (no personal data)

8. Data Security

• All local data is stored using Apple's secure frameworks
• AI food analysis requests use HTTPS/TLS encryption
• Network communications use HTTPS/TLS encryption
• We do not operate servers that store your personal nutrition data
• Analytics and crash data are anonymized and cannot identify you personally

9. Data Retention and Deletion

• Local data: Retained until you delete it within the app or uninstall the app
• AI processing: Food descriptions are not retained after processing
• Analytics data: Retained according to Firebase's retention policies (typically 14 months)
• Complete deletion: Uninstalling the app removes all locally stored data

10. No Tracking

We do not use your data for tracking purposes as defined by Apple:

• We do not link your data with third-party data for advertising
• We do not share your data with data brokers
• We do not use advertising identifiers
• Analytics data is used solely to improve the app, not for targeted advertising

11. International Data Transfers

Some third-party services may process data outside the European Economic Area:

• Firebase (Google): Data may be processed in the United States
• AI Cloud Function: Food descriptions may be processed outside the EEA

These transfers are protected by:

• Standard Contractual Clauses (Art. 46(2)(c) GDPR)
• The respective services' data processing agreements

Your nutrition data stored locally remains on your device under your control.

12. Your Rights (GDPR)

If you are in the European Economic Area, you have the following rights:

• Access (Art. 15): Request information about data we process
• Rectification (Art. 16): Correct inaccurate data
• Erasure (Art. 17): Request deletion of your data
• Restriction (Art. 18): Limit processing of your data
• Portability (Art. 20): Receive your data in a portable format
• Objection (Art. 21): Object to processing based on legitimate interests

Since your nutrition data is stored locally on your device, you have full control over it at all times. To exercise rights regarding analytics data, contact: MerzKevin@me.com

13. Children's Privacy

CaloBite is suitable for all ages. We do not knowingly collect personal data from children. The app does not require any personal information to function, and all data is stored locally on the device.

14. Changes to This Policy

We may update this privacy policy to reflect changes in our practices or legal requirements. The effective date at the top indicates when this policy was last revised. Continued use of the app after changes constitutes acceptance of the updated policy.