Terms and Conditions

1. Acceptance of Terms

By accessing, using, or registering for the Services, you:

• Acknowledge that you have read and understand these Terms, our Privacy Policy, and our Community Guidelines; and
• Agree to be bound by them and to comply with all applicable laws and regulations.

This agreement is a legally binding contract between you and CalPulse.

2. Representations and Warranties

You represent and warrant that you have the legal right, capacity, and authority to enter into this agreement, and that your use of the Services will be in accordance with these Terms.

3. Mandatory Arbitration and Class Action Waiver

These Terms include a mandatory Binding Individual Arbitration provision and a Class Action Waiver (detailed in Section 12). This means that, with limited exceptions, any dispute between you and CalPulse must be resolved through binding individual arbitration, not in court by a judge or jury, and not as part of any class, representative, or consolidated action.

If you do not agree to any part of these Terms, you are not permitted to access or use the Services.

1. Eligibility and Registration

To access and use the Services, you must be at least 18 years of age (or the age of majority in your jurisdiction). You must register for an account using a valid email address and create a password, or use a permitted third-party login service.

2. Account Use

• You agree to create only one account for your own personal, non-commercial use.
• You are strictly prohibited from sharing your account, password, or other access credentials with any third party.
• You may delete your account at any time through the functionality provided within the Services or by contacting us.

3. Free Trial and Subscription

• We offer new users a free trial period to use the premium features of the CalPulse Service.
• By starting your free trial, you agree to and are automatically enrolled in our subscription service.
• Your subscription and billing will begin automatically at the end of the 3-day free trial period, unless you cancel your subscription at least 24 hours before the trial ends.
• Instructions for canceling your subscription are available within the app settings or on our website. You are responsible for canceling before the trial ends to avoid charges.

We reserve the right, in our sole discretion, to revoke the free trial and terminate your account if we believe it is being used to circumvent payment or otherwise abuse the offer.

Cancelling Your Subscription

You can cancel your subscription at any time through your device's subscription settings (iOS App Store or Google Play Store) or through your account settings in the app. Deleting the CalPulse app from your device does not cancel your subscription.You must actively cancel your subscription to stop recurring charges.

Upon cancellation, your subscription will remain active until the end of your current billing period. You will not receive a prorated refund.

4. Account Security

You are solely responsible for:

• Maintaining the confidentiality of your password and account information.
• All activities that occur under your account.

You must immediately notify us at contact@tanoit.com if you become aware of, or suspect, any unauthorized use of your account or breach of security.

We reserve the right to disable any password, subscription, or account at any time if, in our reasonable opinion, you have failed to comply with any provision of these Terms.

1. Updates

To ensure optimal performance and security, we may provide updates, upgrades, bug fixes, patches, and new features for the Services (collectively, "Updates"). These Updates may be applied automatically. For your security and to access all features, we strongly recommend you install all available Updates. These Terms apply to all such Updates.

2. Modifications and Discontinuation

We continuously evolve our Services. Therefore, we reserve the right, at any time and without liability, to:

• Modify, add to, or remove any content, feature, or functionality of the Services.
• Change the equipment or software required to access the Services.
• Change subscription fees for our premium Services, effective upon notice to you.
• Impose limits on certain features or restrict your access to part or all of the Services.
• Discontinue the Services altogether.

Not all Services or features are available in all geographic areas.

3. Third-Party Dependencies

Some features of our Services may rely on third-party providers (e.g., API integrations for health platforms). You acknowledge that we are not responsible for the actions, inactions, or service changes of these third parties. If a third-party service becomes unavailable, the corresponding feature within CalPulse may be suspended or discontinued without liability to us.

Your Control and Opt-Out Options

While we believe these communications are a valuable part of your CalPulse experience, you retain complete control. You can manage your preferences and opt-out of promotional or non-essential communications at any time:

• Push Notifications: Can be managed through your device's settings.
• Email Communications: Can be managed through your device's settings within the app.

Please note that you cannot opt-out of receiving certain administrative, transactional, or legal messages that are required to provide the service to you, such as important security or billing notices.

1. Definitions

• "Content" refers to all materials available through our Services, including but not limited to: text, graphics, images, designs, data, nutritional information, software, and their selection and arrangement.
• "User-Generated Content" is Content that you or other users create and make available through the Services.
• "CalPulse Content" is all Content that is created and provided by us and our licensors; it excludes User-Generated Content.

2. Ownership of CalPulse Content

The CalPulse Services, including all CalPulse Content, and the underlying trademarks, copyrights, patents, and other intellectual property rights, are the exclusive property of CalPulse and its licensors. These rights are protected by international intellectual property laws.

3. Limited License to You

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services and CalPulse Content for your personal, non-commercial use. No other right or license is granted.

4. Restrictions

You may not copy, modify, distribute, sell, or lease any part of our Services or CalPulse Content, nor may you reverse engineer or attempt to extract the source code of our software, unless expressly permitted by law or you have received our written permission. Any unauthorized use of our intellectual property is strictly prohibited.

Not Medical Advice

The content, features, recommendations, and insights provided by the Services (including but not limited to calorie estimates, nutritional data, and goal projections) are for informational purposes only and are not intended to be, and do not constitute, professional medical advice, diagnosis, or treatment.

Consult a Healthcare Professional

Always seek the advice of your physician, registered dietitian, or other qualified health provider with any questions you may have regarding a medical condition, diet, or fitness plan. Never disregard professional medical advice or delay in seeking it because of something you have read or interpreted within the CalPulse Services.

No Guarantee of Accuracy

The nutritional information and data within our database are provided by third parties and user contributions. While we strive to ensure accuracy, we do not guarantee, and assume no liability for, the completeness, accuracy, or reliability of any nutritional data, food logging information, or calorie estimates.

Use at Your Own Risk

Your use of the information and features provided by CalPulse is solely at your own risk. We are not responsible for any health problems, injuries, or other issues that may result from your use of, or reliance upon, the Services.

Scraping and Automated Access

You may not use any automated means—such as robots, spiders, crawlers, scrapers, scripts, or other data-gathering or extraction tools—to access, monitor, copy, or collect any data, content, or information from the Services.

Circumventing Security

You may not attempt to bypass, disable, or circumvent any security, access-restriction, or authentication measures we employ (e.g., CAPTCHA, IP blocking, or rate limiting).

Harvesting User Information

You are prohibited from harvesting, collecting, or storing personal information about other users of the Services without their express, prior consent. This includes, but is not limited to, email addresses, usernames, or health data.

Malicious Code & Attacks

You may not upload, post, transmit, or otherwise make available any content that contains viruses, worms, Trojan horses, logic bombs, ransomware, adware, malware, or any other harmful or malicious code designed to interrupt, destroy, or limit the functionality of the Services or any computer software or hardware.

1. No Liability for Certain Damages

To the maximum extent permitted by applicable law, CalPulse (including its officers, directors, employees, and agents) shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages of any kind, including but not limited to:

• Loss of profits, revenue, data, or goodwill.
• Damages related to your access, use, or inability to use the Services.
• Damages related to the conduct or content of any third party or other user (e.g., defamatory or offensive conduct).
• Damages relating to any third-party services or content accessed via our Services.

2. Cap on Liability

To the maximum extent permitted by law, our total cumulative liability to you for any and all claims arising out of or relating to these Terms or your use of the Services shall not exceed the greater of:

• Five Hundred U.S. Dollars ($500.00), or
• the total amount of fees you actually paid to us for the specific Service(s) giving rise to the claim in the twelve (12) month period immediately preceding the event giving rise to the liability.

3. Basis of the Bargain

You acknowledge and agree that we set our prices and offer the Services in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that these terms reflect a reasonable and fair allocation of risk between the parties, and that they form an essential basis of the bargain between us.

4. Jurisdictional Limitations

Some states and jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by applicable law.

12.1 Agreement to Arbitrate; Scope

You and CalPulse agree that any dispute, claim, or controversy arising out of or relating to these Terms, our Services, your use thereof, or our advertising or privacy practices ("Dispute"), shall be resolved solely by binding, individual arbitration. This includes Disputes that arose before these Terms, that are the subject of putative class actions where you are not a named plaintiff, and that arise after the termination of these Terms.

12.2 Exceptions to Arbitration

This Arbitration Agreement does not preclude either party from:

• Seeking relief in small claims court for disputes within its jurisdiction.
• Seeking injunctive or other equitable relief in a court of competent jurisdiction to stop unauthorized use or abuse of the Services or intellectual property infringement (e.g., piracy, copying).
• Seeking provisional remedies in aid of arbitration from a court (e.g., to compel arbitration or confirm an award).

12.3 Informal Dispute Resolution (Mandatory Pre-Arbitration Step)

Before filing any arbitration or lawsuit, you and CalPulse agree to first try to resolve any Dispute informally for at least 60 days.

To start this process, you must send a written "Notice of Dispute" describing your claim and desired relief to us via certified mail at:

Tanoit Legal, 7901 4th St N STE 300, St. Petersburg, FL 33702

We will send a notice to your last-known address.

The 60-day period tolls (pauses) any statute of limitations. If we request a phone call to resolve the issue, you agree to participate.

You may not initiate arbitration or litigation without first completing this 60-day informal process.

12.4 Arbitration Rules and Governing Law

Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The Federal Arbitration Act governs this arbitration agreement. The arbitrator has exclusive authority to resolve any Dispute, including the scope and enforceability of this Arbitration Agreement.

12.5 No Class Actions; Jury Trial Waiver (Class Action Waiver)

YOU AND CalPulse AGREE THAT ANY DISPUTE WILL BE ARBITRATED OR LITIGATED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, MASS, OR REPRESENTATIVE ACTION.

There will be no class arbitration or class litigation. You waive any right to a jury trial and to participate in any class action brought by others. This waiver is an essential part of our agreement.

12.6 Survival

This entire Dispute Resolution section survives any termination of your account, these Terms, or your use of our Services.

1. Data Transfer

By using our Services, you consent to the transfer, storage, and processing of your information (including personal data and User-Generated Content) to and in the United States and other countries where our servers are located, as detailed in our Privacy Policy.

2. Export Controls & Sanctions

You represent that you are not (a) located in a country that is subject to a U.S. Government embargo or designated as a "terrorist-supporting" country, or (b) listed on any U.S. Government list of prohibited or restricted parties. The Services may not be available in all locations, and access is prohibited from jurisdictions where the Services or their content are illegal.

3. Your Compliance Obligation

You agree to comply with all local, state, national, and international laws, rules, and regulations that are applicable to your use of the Services.