Terms of Service — Kcally
1. Agreement to Terms
By accessing or using Kcally (the "Services"), you agree to these Terms. If you use the Services on behalf of a company, you represent that you're authorized to bind it; "you" means that entity.
2. Changes
We may modify these Terms. If changes are material, we'll notify you (e.g., in-app/email). Continued use constitutes acceptance. If you don't agree, stop using the Services and cancel any paid plan.
3. Who May Use Kcally
You must be old enough to consent to data processing without parental consent in your jurisdiction (e.g., 13+ in most of the US; 16+ in parts of the EU). Kcally is not for children under 13.
4. Accounts & Security
Provide accurate info and keep credentials secure. You're responsible for all activity on your account. Notify us of any unauthorized use.
5. Subscriptions, Fees, Taxes
Plans & Pricing: shown at kcally.com/
Payments: processed by third parties (e.g., Stripe, Apple/Google). You authorize recurring charges until you cancel. Fees are in EUR unless stated otherwise, non-refundable except where required by law or expressly stated.
Renewal: monthly or yearly on your billing date; pricing may change with notice.
Taxes/Withholding: you're responsible for applicable taxes, duties, and withholdings (except our income taxes).
Logo use (optional): By subscribing, you grant Kcally permission to display your company's name and logo as a customer reference. You can opt out at any time via sean@kcally.com.
6. Cancelation & Termination
You: cancel anytime (effective at end of current term).
We: may suspend or terminate for breach, fraud/abuse, legal/compliance reasons, or discontinued services. If we terminate without your breach, we'll refund the unused pre-paid portion (where legally permitted).
After termination: your right to use the Services ends; we may delete your content after a reasonable period (backups may persist for a time).
7. Acceptable Use
You agree not to: (i) reverse engineer or circumvent protections; (ii) rent/sublicense/transfer the Services; (iii) use the Services to violate law, others' rights, or to upload harmful code; (iv) use automated scraping/crawling not permitted; (v) misrepresent nutrition/health claims as medical advice.
8. Your Content
You retain rights to content you submit (e.g., notes, plans). You grant Kcally a worldwide, non-exclusive, transferable, sublicensable license to host, process, display, and use your content only to provide and improve the Services, comply with law, and enforce these Terms.
9. Third-Party Services
Some features rely on third-party services (hosting, analytics, payments, app stores). Their terms and privacy policies apply to their services. We're not responsible for third-party content or actions.
10. Health & Safety / No Medical Advice
Kcally provides informational estimates (calories/macros/recipes). We do not provide medical, dietary, or fitness advice. Always consult a qualified professional. You're solely responsible for your dietary decisions and verifying ingredients/allergens.
11. Intellectual Property
We (and our licensors) own the Services, software, and content (excluding your content). No rights are granted except as expressly stated.
12. Feedback
If you send suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction.
13. Warranties & Disclaimers
The Services are provided "AS IS" and "AS AVAILABLE." We don't warrant uninterrupted, accurate, or error-free operation, or specific outcomes. To the extent permitted by law, we disclaim all implied warranties (merchantability, fitness, non-infringement). Mandatory consumer rights (e.g., in the EU/UK) are not affected.
14. Limitation of Liability
To the maximum extent permitted by law:
No indirect damages: we're not liable for indirect, incidental, special, consequential, or punitive damages, lost profits, data loss, or business interruption.
Cap: our aggregate liability for all claims is limited to the amounts you paid us in the 12 months before the event giving rise to liability, or $100 if you've paid nothing.
These limits don't apply where prohibited by law (e.g., fraud, death/personal injury caused by negligence in some jurisdictions).
15. Indemnity
You'll indemnify and hold Kcally/BCL harmless from claims arising out of your illegal use of the Services, your content, or your breach of these Terms.
16. Governing Law & Disputes (France/EU-friendly)
Governing law: French law, without regard to conflict rules.
Jurisdiction: courts of Paris, France (consumers may also benefit from mandatory protections in their country of residence).
EU consumers: you may use EU online dispute resolution mechanisms where applicable.
17. International Use & Sanctions
You represent that you're not in a sanctioned country and are not a prohibited party under applicable export/sanctions laws.
18. Force Majeure
We aren't liable for delays or failures due to events beyond reasonable control (e.g., internet outages, strikes, disasters, regulatory actions).
19. Assignment
You may not assign these Terms without our consent. We may assign in connection with a merger, acquisition, or sale of assets.
20. Severability; No Waiver; Entire Agreement
If a term is unenforceable, the remainder stays effective. Our failure to enforce isn't a waiver. These Terms (plus the Privacy Policy and any plan-specific terms) are the entire agreement.