Legal
CalPal Terms of Use
Effective Date: 17 December 2025
1. Acceptance of Terms
- These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you") and MOUNTAIN LLC ("Company," "we," "us," "our") governing your access and use of the CalPal AI mobile application, related services, website, content, and AI features (collectively, the "Service"), and all subsequent updates and modifications hereto.
- BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICE, YOU:
- ACKNOWLEDGE YOU HAVE READ, UNDERSTAND, AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS;
- REPRESENT YOU ARE AT LEAST 18 YEARS OLD (OR THE AGE OF MAJORITY IN YOUR JURISDICTION, WHICHEVER IS HIGHER) AND LEGALLY COMPETENT TO ENTER INTO CONTRACTS;
- CONSENT TO THE COLLECTION, USE, DISCLOSURE, AND PROCESSING OF YOUR DATA AS DESCRIBED IN OUR PRIVACY POLICY (https://www.calpalai.app/privacy), INCORPORATED HEREIN BY REFERENCE.
- IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND MUST DELETE IT IMMEDIATELY.
2. Eligibility & Account
- The Service is strictly for individuals aged 18 years or older. Minors are prohibited from using the Service. We reserve the right to verify age and terminate accounts of underage users. We do not knowingly collect personal information from individuals under the age of 18.
- You agree to provide accurate, current, and complete information during registration and profile setup ("Account Data") and promptly update it.
- You are solely responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of unauthorized use.
- We reserve the right to suspend, terminate, or refuse service to anyone for any reason, including violation of these Terms.
3. Description of Service
- The Service provides tools for users to:
- Log workouts, meals, water intake, mood, notes, and body weight.
- Receive estimated daily calorie intake and macronutrient ("macro") information based on user-inputted data and algorithms.
- Access curated nutritional information and educational content ("Feed").
- Utilize AI-powered image analysis for food recognition and nutrient analysis. Please note that food recognition and nutrient analysis accuracy may vary based on image quality, clarity, and the typicality of the food items displayed.
- Configure app settings.
- AI Features Disclaimer: AI analysis (including image analysis for food recognition and nutrient analysis) is provided for informational purposes only. It is based on statistical models and training data, NOT individual medical assessment. Results are ESTIMATES and MAY BE INACCURATE, INCOMPLETE, OR INAPPROPRIATE FOR YOUR SPECIFIC SITUATION. The Company does not guarantee the accuracy, completeness, or usefulness of any AI output or prediction. You acknowledge AI limitations and agree not to solely rely on AI outputs.
4. NO MEDICAL ADVICE; DISCLAIMER OF PROFESSIONAL SERVICES
- THE SERVICE DOES NOT PROVIDE MEDICAL, NUTRITIONAL, DIETETIC, FITNESS, OR OTHER PROFESSIONAL ADVICE. ALL CONTENT, INCLUDING AI ANALYSIS, CALORIE/MACRO ESTIMATES, NUTRITIONAL INFORMATION, WORKOUT SUGGESTIONS, AND FEED CONTENT, IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, AND NOT TO DIAGNOSE ANY HEALTH CONDITION. The Service is not intended to diagnose, treat, cure, or prevent any disease or medical condition.
- NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BASED ON INFORMATION OBTAINED FROM THE SERVICE. CONSULT A QUALIFIED PHYSICIAN, REGISTERED DIETITIAN/NUTRITIONIST, CERTIFIED FITNESS PROFESSIONAL, OR OTHER LICENSED HEALTHCARE PROVIDER BEFORE MAKING ANY SIGNIFICANT CHANGES TO YOUR DIET, EXERCISE ROUTINE, LIFESTYLE, OR IF YOU HAVE UNDERLYING HEALTH CONDITIONS.
- CALORIE AND MACRO ESTIMATES ARE BASED ON STANDARDIZED FORMULAS AND USER INPUT. THESE ARE ESTIMATES ONLY AND MAY NOT BE ACCURATE FOR YOUR INDIVIDUAL METABOLISM, HEALTH STATUS, OR GOALS.
- YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICE AND ANY ACTIONS YOU TAKE BASED ON ITS CONTENT OR OUTPUTS.
5. User Responsibilities & Conduct
- You agree to use the Service lawfully, ethically, and only for its intended purposes.
- Prohibited Activities Include:
- Providing false or misleading information.
- Using the Service for any illegal purpose or in violation of laws (local, state, national, international).
- Attempting to reverse engineer, decompile, hack, disable, interfere with, or disrupt the Service, servers, or networks.
- Using bots, scrapers, or other automated means to access the Service.
- Impersonating any person or entity.
- Uploading or transmitting viruses, malware, or harmful code.
- Uploading content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of privacy, or infringing on intellectual property rights.
- Sharing login credentials or allowing unauthorized access.
- Attempting to circumvent any payment mechanisms or access premium features without proper subscription.
- Using AI features for any purpose that could cause harm, discrimination, or distress to others, or for any illegal activity.
- Engaging in referral fraud, including but not limited to: creating multiple accounts to generate referrals, using bots or automated tools to generate false referrals, sharing referral codes on unauthorized incentive sites, colluding with referees to artificially trigger rewards, or misrepresenting the Referral Program.
- You are solely responsible for all User Content (workout logs, meal logs, notes, mood entries, images) you upload, submit, or generate using the Service. You represent you own or have all necessary rights to such User Content and that it complies with these Terms.
6. User Content License & AI Training
- You retain ownership of your User Content. However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license (that survives the termination of these Terms or your use of the Service for the purposes outlined below) to:
- (a) Use, host, store, reproduce, modify, adapt, create derivative works from, communicate, publish, publicly perform, publicly display, and distribute such User Content solely for the purpose of operating, providing, improving, developing, and maintaining the Service.
- (b) Use anonymized and aggregated User Content (stripped of personal identifiers) for statistical analysis, research, and improving our algorithms and services.
- AI Training: You expressly acknowledge and agree that User Content, including images submitted for AI analysis, may be used (processed and analyzed, including through automated means) to train, validate, and improve our AI models and algorithms. While we strive to employ anonymization and aggregation techniques where feasible for this purpose, you acknowledge that specific user data may be processed to enhance model performance, always subject to our Privacy Policy. This processing is essential for the functionality and improvement of the AI features.
7. Data Collection, Storage & Sharing
- Our Privacy Policy (https://www.calpalai.app/privacy) details the types of data we collect (including Account Data, User Content, Health Data like weight/water intake/mood/workouts/meals, Device Data, Usage Data, Image Data), how we use it, store it, and with whom we share it. YOU CONSENT TO THESE PRACTICES BY USING THE SERVICE AND APPLICABLE DATA PROTECTION LAWS.
- Image Storage: Images you upload for AI analysis are stored on our secure servers for the purposes of processing, improving AI accuracy, and providing the Service functionality. Storage duration is outlined in the Privacy Policy.
- Sharing with Third Parties: We may share your data, including potentially anonymized or aggregated User Content and Image Data, with:
- Service Providers: Necessary third parties (cloud hosting, analytics, AI model providers, payment processors, customer support) who assist us in operating the Service, subject to strict confidentiality obligations.
- Legal Compliance: To comply with laws, regulations, legal processes, or enforceable governmental requests; to protect our rights, privacy, safety, or property, or that of users or the public; to enforce these Terms.
- Business Transfers: In connection with a merger, acquisition, financing, reorganization, bankruptcy, or sale of assets.
- Aggregated/Anonymized Data: As described in Section 6.1(b) and 6.2.
- International Transfers: Data may be processed and stored globally. We implement appropriate safeguards (e.g., Standard Contractual Clauses for EU/UK data) as required by applicable law when transferring data across borders. See our Privacy Policy for more detailed information regarding international data transfers.
8. Intellectual Property
- The Service, its original content (excluding User Content), features, functionality, AI models, algorithms, and all intellectual property rights therein are and will remain the exclusive property of the Company and its licensors.
- Trademarks, logos, and service marks displayed are owned by us or third parties. No license is granted for their use without express written permission.
9. App Providers
- Our Service is available through platforms like the Apple App Store and Google Play Store (each, an “App Provider”). You acknowledge that these Terms are an agreement between you and MOUNTAIN LLC, and not with the App Provider. As between us and the App Provider, we are solely responsible for the Service. We grant you a limited, non-transferable license to use the Service on a device you own or control, as permitted by your App Provider’s usage rules. Your use of the Service must also comply with all other applicable terms from your App Provider. The App Provider has no obligation to furnish maintenance or support, and while they have no other warranty obligation, you may notify them to request a refund for the Service in line with their policies. Finally, you acknowledge that your App Provider and its subsidiaries are third-party beneficiaries of these Terms and will have the right to enforce them against you.
10. DISCLAIMER OF WARRANTIES
- THE SERVICE AND ALL CONTENT, FEATURES, AI ANALYSIS, AND FUNCTIONALITY ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, 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, NON-INFRINGEMENT, AND COURSE OF PERFORMANCE.
- WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, RELIABLE, ERROR-FREE, OR VIRUS-FREE.
- WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF ANY CONTENT, INFORMATION, AI ANALYSIS, CALORIE ESTIMATES, MACRO CALCULATIONS, OR RECOMMENDATIONS PROVIDED THROUGH THE SERVICE.
- WARRANTIES THAT DEFECTS WILL BE CORRECTED.
- YOU USE THE SERVICE AND RELY ON ANY CONTENT OR AI OUTPUTS ENTIRELY AT YOUR OWN RISK.
11. LIMITATION OF LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOUNTAIN LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, LICENSORS, SERVICE PROVIDERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO:
- DAMAGES FOR PERSONAL INJURY, ILLNESS, OR DEATH;
- LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
- DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT, AI ANALYSIS, ESTIMATES, OR INFORMATION OBTAINED THROUGH THE SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
- ANY OTHER MATTER RELATING TO THE SERVICE.
- THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES (LIKE PERSONAL INJURY OR DEATH CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THOSE JURISDICTIONS.
- IF WE ARE FOUND LIABLE FOR ANY DAMAGES NOT EXCLUDED ABOVE, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) US $50.00.
12. Indemnification
- You agree to defend, indemnify, and hold harmless MOUNTAIN LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms.
- Your User Content.
- Your use of the Service, including reliance on any information or AI outputs.
- Your violation of any third-party right, including intellectual property or privacy rights.
- Your violation of any applicable law.
13. Term & Termination
- 13.1. These Terms remain effective while you use the Service.
- 13.2. Termination by Us. We may terminate or suspend your access immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service ceases immediately.
- 13.3. Account Deletion by You. You may terminate this Agreement by requesting the permanent deletion of your account. The process is as follows:
- (a) Upon submitting a deletion request through the Service, your account will be placed in a pending deletion state for a thirty (30) day grace period.
- (b) You may cancel the deletion request at any time during this 30-day period by simply logging back into your account.
- (c) If you do not log in within the 30-day grace period, the deletion will become permanent and your account cannot be recovered.
- 13.4. Sections 4, 6, 7, 8, 9, 10, 11, 12, 14, 15, and 16 shall survive termination.
14. Dispute Resolution & Arbitration
- 14.1. Informal Resolution: You agree to attempt informal resolution of any dispute with us for at least 30 days before initiating formal proceedings.
- 14.2. For U.S. Consumers Only: Mandatory Binding Arbitration and Class Action/Jury Trial Waiver
- PLEASE READ THIS ENTIRE SUB-SECTION 14.2 CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY HEAR YOUR DISPUTES, AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
- YOU AND WE EACH ACKNOWLEDGE THAT THE TERMS IN THIS SUB-SECTION 14.2 ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY DISPUTES.
- THIS SUB-SECTION 14.2 APPLIES TO ANY DISPUTE BETWEEN YOU AND US (EACH, A “PARTY;” TOGETHER, THE “PARTIES”) ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OUR PRODUCTS OR SERVICES, THE SERVICE, YOUR VISIT TO THE SITE, OUR ADVERTISING OR MARKETING, OUR PRIVACY AND DATA SECURITY PRACTICES, AND TO ANY PURCHASE, TRANSACTION, OR OTHER INTERACTION WITH US, WHETHER IN CONTRACT, TORT, WARRANTY, STATUTE, REGULATION, OR OTHER LEGAL OR EQUITABLE BASIS (EACH, A “DISPUTE”), INCLUDING, BUT NOT LIMITED TO:
- DISPUTES THAT AROSE BEFORE THIS OR ANY PRIOR AGREEMENT;
- DISPUTES THAT WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER; AND
- DISPUTES THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS OR YOUR USE OF THE SERVICE.
- 14.2.1. Mandatory Informal Dispute Resolution Process:
- If you have a Dispute against us, or if we have a Dispute against you, you and we must first attempt to resolve the Dispute informally in good faith. You and we agree to engage in direct discussions for a period of no less than sixty (60) days, commencing upon the receipt of a written notice of Dispute (“Notice”).
- To commence this process, the Party initiating the Dispute must send a written Notice describing the facts and circumstances of the Dispute and the specific relief sought, including any supporting documentation.
- Your Notice must be sent to us at legal@calpalai.app.We will send any Notice to you at your email address or, if unavailable, to your last-used billing address in your service profile.
- This Informal Dispute Resolution Process and the expiration of the sixty (60) day period shall be an express condition precedent to either Party serving an Arbitration Demand (defined below) or otherwise initiating a lawsuit (should the Arbitration Agreement below not apply). You and we agree that any action commenced in arbitration or court without first exhausting this Mandatory Informal Dispute Resolution Process shall be defective and subject to dismissal at the cost of the Party found to have prematurely commenced the action.
- The statute of limitations and any filing-fee deadlines for a Dispute shall be tolled for the duration of this Informal Dispute Resolution Process. Should we request a telephone conference with you in an effort to resolve your Dispute as part of this process, you agree to personally participate (with your counsel if you are represented).
- 14.2.2. Arbitration Agreement:
- YOU AND WE AGREE THAT DISPUTES SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. This requirement, and the related terms that follow, shall be referred to as the “Arbitration Agreement.”
- To the maximum extent permitted by applicable law, you and we agree that any disputes arising out of or related to your use of the Service or these Terms will be resolved by binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall provide the substantive federal law provisions and shall govern the interpretation and enforcement of this Arbitration Agreement. By consenting to arbitration, you and we do not limit in any way either Party’s statutory or common law rights or potential remedies to which either Party would be entitled were a dispute being heard in a court.
- Any arbitration shall be heard in and administered by the American Arbitration Association (AAA) and be governed by the AAA Consumer Arbitration Rules, including the Mass Arbitration Supplementary Rules in effect on the date such action is commenced. You can find the AAA Rules and the Demand for Arbitration Form at http://www.adr.org. The arbitration shall be conducted by a single arbitrator in New York City, New York. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
- Delegation Clause: You and we empower the arbitrator(s) with the exclusive authority to resolve any Dispute relating to the interpretation, applicability or enforceability of these Terms, the Privacy Policy, or the formation of this contract, including the arbitrability of any Dispute or any claim that all or any part of these Terms are void or voidable. The arbitrator shall determine in accordance with the applicable rules, without limitation, all issues regarding filing fees, form of pleadings, procedures for payment, locale, seat, arbitrator selection and disclosures, exchange of information, presentation of evidence, and criteria for any Arbitration Demand, Answer, and other claims. The arbitrator shall issue a reasoned award.
- 14.2.3. Class Action Waiver and Jury Trial Waiver:
- YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. This means that (a) you shall not be permitted to obtain relief by way of a class, collective, or representative action; (b) the arbitrator cannot consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding; and (c) any relief awarded to any one user cannot affect other users. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL. If any part of this Class Action Waiver is found to be unenforceable, the Arbitration Agreement and/or the entirety of Sub-Section 14.2 may be null and void. You and we agree to waive the right to return any Dispute to Small Claims Court at any time after the filing of an Arbitration Demand under the applicable AAA rules.
- 14.2.4. Exceptions to Arbitration: Notwithstanding the provisions herein:
- Either you or we may bring a Dispute in small claims court consistent with the jurisdictional and dollar limits that may apply, provided the claim proceeds solely on an individual basis.
- This Arbitration Agreement will not preclude you or us from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a court of competent jurisdiction.
- This Arbitration Agreement will not preclude you or us from applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary.
- Either you or we may seek relief in any state or federal court for disputes related to a violation or possible violation of our intellectual property rights.
- Confidential information of either Party disclosed during the arbitration (whether in documents or orally) shall not be used or disclosed except in connection with the arbitration or a proceeding to enforce or vacate the arbitration award, and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
- 14.2.5. Opt-Out (U.S.): You may opt-out of the Arbitration, Class Action Waiver, and Jury Trial Waiver provisions within 30 days of first accepting these Terms by sending written notice to legal@calpalai.app. If you opt-out, only Section 14.1 and the general U.S. court jurisdiction (as per Section 15.2) apply to you for U.S. disputes.
- 14.2.6. Contractual Limitations Period: To the maximum extent permitted by applicable law, any Dispute that you may have arising out of or related to these Terms or the Service must be filed within one (1) year after the date of the occurrence of the event or facts giving rise to the Dispute, or it will be forever barred.
- 14.2.7. Survival: This entire Sub-Section 14.2 shall survive the termination of these Terms, your use of the Service, and the parties’ relationship.
- 14.3. For All Other Users (Including Consumers Outside the U.S. and Business Users):
- 14.3.1. Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall, to the fullest extent permitted by applicable law, be subject to the exclusive jurisdiction of the competent courts in Zagreb, Republic of Croatia.
- 14.3.2. Waiver of Collective Action and Representation: To the fullest extent permitted by applicable law, you agree to waive any right to initiate or participate in a class action, collective action, private attorney general action, or any other collective or representative proceeding. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
15. Governing Law & Jurisdiction
- 15.1. These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the Republic of Croatia, without regard to its conflict of law principles.
- 15.2. For U.S. Consumers: Subject to the Arbitration clause in Section 14.2.2, if you are a resident of the United States, you agree that any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in New Castle County, State of Delaware, USA, and you irrevocably submit to the personal jurisdiction of such courts.
- 15.3. For All Other Users (Including Consumers Outside the U.S. and Business Users): Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the competent courts in Zagreb, Republic of Croatia, to the fullest extent permitted by applicable law. You irrevocably submit to the personal jurisdiction of such courts, to the fullest extent permitted by applicable law.
16. Miscellaneous
- Updates: We may modify these Terms at any time. We will notify you via the Service or email of material changes. Your continued use of the Service after Terms update constitutes your acceptance of the new Terms. If you do not agree with the updated Terms, you must stop using the Service.
- Severability: If any provision is held invalid, the remainder of the Terms remains enforceable.
- Waiver: Our failure to enforce any right is not a waiver.
- Assignment: We may assign these Terms. You may not.
- Entire Agreement: These Terms, the Privacy Policy, and any supplemental terms constitute the entire agreement.
- Force Majeure: We are not liable for failure due to events beyond reasonable control.
- Contact: Questions? Contact us at: legal@calpalai.app.
- Geo-Restrictions: Access may be limited in certain jurisdictions. You access the Service at your own initiative and are responsible for compliance with local laws.
- Legal Compliance: You represent and warrant that you are not located in a U.S.-embargoed country or on any U.S. Government list of prohibited or restricted parties.
17. SUBSCRIPTIONS AND PAYMENTS
- Subscription Offerings: The Service may offer certain features or content accessible only through a paid subscription ("Subscription"). Subscriptions may be offered on a monthly, annual, or other recurring basis ("Subscription Period"). Specific Subscription terms, features, duration, and pricing ("Subscription Terms") will be presented to you at the point of purchase within the App or on our website. These Subscription Terms are incorporated into these Terms by reference.
- Free Trials: We may offer free trials of Subscriptions for a specified period ("Trial Period"). YOU WILL NOT BE CHARGED DURING THE TRIAL PERIOD. UNLESS YOU CANCEL YOUR SUBSCRIPTION AT LEAST 24 HOURS BEFORE THE END OF THE TRIAL PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY CONVERT TO A PAID SUBSCRIPTION AT THE THEN-CURRENT PRICE, AND YOUR DESIGNATED PAYMENT METHOD WILL BE CHARGED. You are responsible for understanding the exact cancellation deadline. Only one free trial per user may be permitted. We reserve the right to revoke or modify free trials at any time.
- Billing and Automatic Renewal: RECURRING CHARGES: BY PURCHASING A SUBSCRIPTION, YOU EXPRESSLY AUTHORIZE US (OR OUR AUTHORIZED THIRD-PARTY PAYMENT PROCESSOR) TO CHARGE YOUR DESIGNATED PAYMENT METHOD (E.G., CREDIT CARD, APPLE ID, GOOGLE PAY ACCOUNT) THE SUBSCRIPTION FEE, PLUS ANY APPLICABLE TAXES, AUTOMATICALLY AT THE BEGINNING OF EACH SUBSCRIPTION PERIOD ("Renewal Date"). AUTOMATIC RENEWAL: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE SUBSCRIPTION PERIODS UNLESS AND UNTIL YOU CANCEL IT OR WE TERMINATE IT. YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION IS CONTINUOUS UNTIL CANCELLED AND THAT YOUR PAYMENT METHOD WILL BE CHARGED AUTOMATICALLY WITHOUT FURTHER AUTHORIZATION FROM YOU. PRICE CHANGES: WE RESERVE THE RIGHT TO CHANGE SUBSCRIPTION FEES AT ANY TIME UPON REASONABLE NOTICE (WHICH MAY BE PROVIDED VIA EMAIL OR PROMINENTLY DISPLAYED WITHIN THE APP). PRICE CHANGES WILL TAKE EFFECT AT THE START OF THE NEXT SUBSCRIPTION PERIOD FOLLOWING THE NOTICE. YOUR CONTINUED USE OF THE SUBSCRIPTION AFTER THE PRICE CHANGE BECOMES EFFECTIVE CONSTITUTES YOUR AGREEMENT TO PAY THE MODIFIED AMOUNT. IF YOU DO NOT AGREE TO THE PRICE CHANGE, YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE RENEWAL DATE TO AVOID BEING CHARGED THE NEW RATE. BILLING CYCLE: Subscription Periods are based on calendar months or years from the date of initial purchase (or the end of the Trial Period). Renewal Dates are fixed based on this cycle. PAYMENT PROCESSING: All payments are processed by third-party payment processors (e.g., Stripe, Apple App Store, Google Play Store). You agree to abide by the relevant processor's terms. We are not responsible for processor errors.
- Cancellation and Refunds: CANCELLATION BY YOU: You may cancel your Subscription at any time through your account settings within the App or via the platform store (Apple App Store, Google Play Store) where you made the purchase. CANCELLATION MUST BE COMPLETED AT LEAST 24 HOURS BEFORE THE NEXT RENEWAL DATE TO AVOID BEING CHARGED FOR THE NEXT PERIOD. NO REFUNDS: EXCEPT AS REQUIRED BY APPLICABLE LAW OR EXPLICITLY STATED OTHERWISE (E.G., EU CONSUMER RIGHT OF WITHDRAWAL WITHIN 14 DAYS FOR DIGITAL CONTENT AS DESCRIBED BELOW), ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE. This includes partial periods after cancellation during an active billing cycle and unused portions of a Subscription Period. Cancellation stops future charges but does not trigger refunds for the current period. EU Consumers - Right of Withdrawal: If you are a consumer residing in the European Union, you typically have a statutory 14-day right of withdrawal ("cooling-off period") from the date of purchase of a digital service. HOWEVER, YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT BY INITIATING ACCESS OR USE OF THE SUBSCRIPTION CONTENT DURING THIS 14-DAY PERIOD (i.e., immediately upon purchase), YOU WAIVE YOUR RIGHT OF WITHDRAWAL AND WILL NOT BE ENTITLED TO A REFUND. If you do not use the service during the 14 days and cancel within that period, you may be entitled to a full refund. (Note to Company: For this waiver to be legally effective, your app's purchase flow must include a clear, explicit, affirmative consent mechanism from the user to waive their right of withdrawal by commencing immediate access to the digital content.) CANCELLATION BY US: We reserve the right to cancel, suspend, or terminate your Subscription (and access to Subscription features) at any time for any reason, including violation of these Terms or suspected fraud. If we cancel your Subscription for reasons other than your breach, we may provide a prorated refund for the unused portion of the current Subscription Period at our sole discretion. Please note that platform-specific refund policies (e.g., Apple App Store, Google Play Store) may also apply to purchases made through their respective platforms.
- Access Upon Termination/Cancellation: Upon cancellation (by you or us) or non-payment, your access to Subscription-specific features will terminate at the end of the Subscription Period you have already paid for. You will revert to any free tier of the Service available at that time.
- Taxes: You are responsible for paying all applicable sales, use, GST, VAT, or other transaction taxes related to your Subscription, as required by law. We may add tax to the fee if obligated.
18. REFERRAL & AFFILIATE PROGRAM
- 18.1. Program Overview
CalPal AI offers a voluntary referral program ("Referral Program") allowing users to earn subscription rewards by referring others to the Service. Participation is governed by these Terms and any supplementary Influencer Agreement or affiliate documentation. - 18.2. Eligibility & Participation
You must be at least 18 years old, in good standing, and not in violation of these Terms to participate. Participation is at CalPal's sole discretion and may be restricted in certain jurisdictions. CalPal reserves the right to suspend or terminate your referral privileges at any time for violation of these Terms or suspected fraud. - 18.3. How Rewards Are Earned
Rewards are earned when a person you refer (using your unique referral code) completes the designated trigger event. Specific reward terms, conditions, and trigger events are subject to change at CalPal's sole discretion with notice. Both you and the referred user must meet all eligibility requirements for rewards to be credited. - 18.4. Reward Terms & Conditions
Rewards are issued as non-transferable account credits or subscription benefits with no cash value outside the Service. Rewards cannot be exchanged for money, refunded, or combined with other promotions unless explicitly stated. If you violate these Terms or engage in fraud, all earned and pending rewards are forfeited immediately. CalPal reserves the right to modify, suspend, or terminate the Referral Program and adjust reward amounts with thirty (30) days' notice. - 18.5. Data Processing
We collect and process referral data (including your referral code, user ID, referee contact information, signup/purchase dates, and reward status) to operate the Referral Program, prevent fraud, and comply with legal obligations. See Section 7 and our Privacy Policy for full details on data collection, retention, and your rights. By participating, you consent to this processing. - 18.6. Prohibited Activities & Fraud
Referral fraud violations (as listed in Section 5) result in: (a) immediate program termination; (b) forfeiture of all rewards; (c) possible account suspension or deletion; (d) potential liability for damages. CalPal reserves the right to reverse rewards and pursue legal remedies. - 18.7. Payout Timeline
Standard Timeline:- Earning Period: Rewards accrue during calendar month
- Financial Finalization: Approximately 15–30 days after month-end
- Payout Issued: Usually 30–45 days after the end of the month
- Bank/Account Receipt: 1–5 business days after CalPal initiates payout
To the maximum extent permitted by applicable law, total processing time from reward trigger event to your account receipt may take up to 60–90 calendar days. CalPal's payout timeline is contingent upon CalPal's receipt of payments from third-party platforms (Apple App Store, Google Play Store, payment processors). Processing delays may occur due to: fraud investigation, payment processor verification, chargeback disputes, tax documentation issues, third-party app store payment delays, currency conversion delays, regulatory compliance verification, or other circumstances beyond CalPal's control.
Influencers and affiliates are subject to additional payout terms outlined in a separate Influencer Agreement. Delays exceeding the timelines in this section do not constitute a breach of these Terms. - 18.8. Purchase Cancellations & Refunds
If a referred user cancels their subscription, receives a refund, or initiates a chargeback, any earned rewards may be reversed or withheld. Your final earnings are subject to the actual completion and retention of paid subscriptions by referred users. CalPal has sole discretion in determining reward eligibility. - 18.9. Termination of Referral Program
CalPal may modify, suspend, or terminate the Referral Program at any time with thirty (30) days' notice. Accrued but unredeemed rewards will be honored for ninety (90) days after termination. Referral Program disputes are governed by the same dispute resolution provisions as these Terms (Section 14-15).
YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE CRITICAL DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNIFICATION, ARBITRATION, AND CLASS ACTION WAIVER PROVISIONS.