Terms of Service

Welcome to JourCal. By downloading, installing, accessing, or using the JourCal mobile application (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and JourCal ("Company," "we," "us," or "our"). We reserve the right to modify these Terms at any time. Your continued use of the App following any changes indicates your acceptance of the modified Terms.

You must be at least 13 years of age to use JourCal. If you are under 18, you represent that you have your parent or guardian's permission to use the App. By using the App, you represent and warrant that:

• You are at least 13 years old
• You have the legal capacity to enter into these Terms
• You are not prohibited from using the App under applicable laws
• You will provide accurate and complete information when creating an account
• You will maintain the security of your account credentials

JourCal is an AI-powered calorie and fitness tracking application that provides:

• AI-assisted food recognition and calorie estimation
• Exercise and workout logging
• Weight tracking and body measurement journaling
• Progress visualization through charts and graphs
• Personalized goal setting and recommendations
• Integration with Apple Health
• Daily reminders and notifications

We reserve the right to modify, suspend, or discontinue any part of the App at any time without prior notice.

To access certain features of the App, you may need to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account if any information provided is found to be inaccurate, false, or in violation of these Terms.

You retain ownership of all content you submit to JourCal, including food photos, journal entries, measurements, and other personal data ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and store your content solely for the purpose of providing and improving the App.

You represent and warrant that:

• You own or have the right to submit all User Content
• Your User Content does not violate any third-party rights
• Your User Content does not contain illegal, harmful, or offensive material

You agree not to:

• Use the App for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorized access to the App or its systems
• Interfere with or disrupt the App's functionality or servers
• Reverse engineer, decompile, or disassemble the App
• Copy, modify, or distribute the App without authorization
• Use the App to transmit malware, viruses, or harmful code
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Use automated systems or bots to access the App
• Circumvent any security features or access controls

• AI-generated calorie estimates and recommendations are approximations and may not be accurate
• Always consult a healthcare professional before starting any diet or exercise program
• Do not rely solely on JourCal for making health decisions, especially if you have medical conditions
• Seek immediate medical attention for any health emergencies
• The App is not intended to diagnose, treat, cure, or prevent any disease or health condition

By using JourCal, you acknowledge that you understand these limitations and assume full responsibility for how you use the information provided by the App.

The App, including its design, features, content, graphics, logos, and AI technology, is owned by JourCal and protected by 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 in accordance with these Terms.

You may not:

• Copy, reproduce, or distribute the App or its content
• Modify, adapt, or create derivative works
• Remove any copyright or proprietary notices
• Use our trademarks without written permission
• License, sell, or transfer your rights to use the App

JourCal may integrate with or link to third-party services, including:

• Apple Health for syncing health and fitness data
• Cloud storage providers for data backup
• Analytics services for app improvement
• Payment processors for subscription handling

These third-party services are governed by their own terms and privacy policies. We are not responsible for the content, privacy practices, or availability of third-party services.

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability or fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy, reliability, or completeness of content
• Uninterrupted or error-free operation
• Security from unauthorized access or data breaches

We do not guarantee that the App will meet your requirements or that any errors will be corrected.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, JOURCAL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from unauthorized access to your account
• Damages arising from your use or inability to use the App
• Any health issues or injuries related to following the App's suggestions

In no event shall our total liability exceed the amount you paid for the App in the twelve (12) months preceding the claim.

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

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content
• Any health-related decisions you make based on the App

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of subscription fees
• Extended periods of inactivity
• Request by law enforcement or government agencies

You may terminate your account at any time by deleting the App and contacting us to request account deletion. Upon termination, your right to use the App will immediately cease.

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the App shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.

You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against JourCal.

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

These Terms, together with our Privacy Policy and any other legal notices published by us on the App, constitute the entire agreement between you and JourCal regarding your use of the App. These Terms supersede any prior agreements or understandings, whether written or oral.

If you have any questions about these Terms of Service, please visit our support page.