CalCam Terms of Service

Version Effective Date: 19/11/2024

These Terms of Services (“Terms”) is entered into by ORIGO and the entity or person agreeing to these terms (“you”) and apply when you use the services provided by CalCam (“the Services”). By accessing the Services, you agree to abide by this Terms and to comply with all applicable laws and regulations. Please read these Terms carefully. For how ORIGO handles your personal data, please refer to our Privacy Policy.

These Terms may be amended, updated and presented again to you from time to time. Your continued access to the Services constitutes your acceptance of the amended or updated terms. If you do not agree to these Terms, its amendments or its updates, please stop using the Services.

1. Access And Limitation of Use

During your use of and access to CalCam, you are required to:

1.1 Comply with all applicable local and international laws and regulations when using CalCam;

1.2 You confirm that you are at least 16 years old to access the Services provided by CalCam. If you are over 15 but under the minimum age of digital consent in your country, your parent or guardian must review these Terms and agree on your behalf.

1.3 Not use CalCam in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, bugs, or harmful data, into CalCam or any computer system;

1.4 Not submit, publish, transmit, post or upload any material that is factually inaccurate, misleading, deceptive, in contempt of any court, defamatory, offensive, threatening, discriminatory, racist, seditious, obscene, pornographic, indecent, or otherwise objectionable to the general public in relation to your use of CalCam;

1.5 Not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any features, services, tools, directories, or content on CalCam.

In the event of non-compliance with this access section, we reserve the right to terminate or restrict your access to part or all of CalCam for any reason at any time without prior notice.

2. Content

2.1 You may upload images and input text while using the Services (referred to as "Input"), and receive output such as analysis results returned by the Services based on the Input (referred to as "Output"). Input and Output are collectively referred to as "Content". As between the parties and to the extent permitted by applicable law and regulation, you own all the Content and are solely responsible for the Content.

3. Community Guideline

You acknowledge that your use of the Services is subject to, and you agree to comply with the Community Guideline as may be amended and updated from time to time.

You agree that when using the Services and sharing Content in the community, you will not:

3.1 Generate or share Content that involves impersonation of any real person, falsely portrays an individual in a misleading or defamatory manner, or infringes privacy, intellectual property rights, or other third-party rights;

3.2 Generate or share Content that is used for conducting any fraud and deception behavior;

3.3 Generate or share Content that includes coordinating harm and promoting crime and especially involves Content that could be regarded as harassment and harm to other people;

3.4 Generate or share Content that promotes and incites violence, hatred, discrimination against any race, ethnicity, national origin, disability, religious affiliation, caste, sexual orientation, sex, gender identity and serious disease;

3.5 Generate or share Content that intentionally degrades, shames, bullies, harasses, endangers, or threatens the safety, security, or well-being of any individual or group;

3.6 Generate or share Content that, in the sole discretion of ORIGO, is deemed unsuitable, offensive, or contrary to public order, public interest and user expectations;

3.7 Engage with other users in a disrespectful and hostile manner;

3.8 Share or use Content of other users without their permission;

You acknowledge and represent that any Content you generate or share in the community will not infringe upon or violate the rights of any person and such Content is complied with these Terms and any applicable laws and regulations.

4. Thrid-party Advertisement

You understand and agree that ORIGO can present you advertisements during your use of the Services. The advertisements are provided by third-party and ORIGO has no control over the content and quality of such advertisements. You further acknowledge that transaction with such third-party is at your sole risk. ORIGO will not be liable for disputes arising out of the third-party advertisements.

5. Fees and Payments

5.1 ORIGO may invoice you for your use of the Services in accordance with the prices on the applicable pricing page, and ORIGO reserves the right to correct pricing errors or mistakes even if an invoice has been issued to you.

5.2 ORIGO may carry out promotional activities that may result in a discount on price. Due to the time-sensitive and promotional nature of the discount, price matching after the promotion period and refunds for previous purchases are not available.

5.3 Your subscription could be canceled during its free-trial period at any time. Upon the expiration of your free-trial period, ORIGO will charge the relevant subscription fee for the next billing cycle to your nominated payment method, unless your subscription is canceled during the free-trial period.

5.4 You can sign up for a subscription on either a weekly or yearly basis. You acknowledge that your subscription will automatically renew for recurring subscription periods of the same duration until and unless you affirmatively cancel your subscription in your account settings with your App Marketplace following the policies of each App Marketplace.

5.5 The Services may enable you to upgrade to the Premium version by subscribing to a weekly or yearly plan (“Premium Subscription”). The Premium Subscription may allow you to unlock unlimited times of AI anlysis or enhancements within the Services. You acknowledge that your Premium Subscription is subject to the App Marketplace's subscription policy. The Services may also enable you to use promotional codes to extend your free-trial period (“Promotional Codes”). Promotional Codes have no cash value, are personal, non-transferable, and non-sublicensable. You acknowledge and agree that the use of Promotional Codes cannot be canceled and ORIGO has no obligation to provide any compensation in connection with Promotional Codes.

5.6 You agree to provide complete and accurate billing information. You authorize ORIGO and its affiliates, and third-party payment processors, to charge your payment method for any invoiced fees. If your payment cannot be completed, ORIGO will provide you with notice and may suspend your access to the Services until the payment is received. Payments are non-refundable except as provided in this Agreement.

5.7 You represent and warrant that you have the legal right to use all payment methods represented by the payment information. The amount due for a transaction through the Services will be presented to you before you place your order. If you choose to initiate a transaction through the Services, you agree to provide your payment information to us and the app store (such as Apple App Store or Google Play) to complete your transaction and agree to: (a) pay the applicable fees and taxes; (b) ORIGO may charge your account through the app store. Your order is not binding on ORIGO until accepted and confirmed by ORIGO. All payments are non-refundable and non-transferable, unless expressly provided in these terms.

5.8 ORIGO reserves the right to not process or to cancel your order in certain circumstances, such as if your payment account is declined, if we suspect the request or order is fraudulent, or in other circumstances deemed appropriate by ORIGO in its sole discretion. ORIGO also reserves the right, at its sole discretion, to take steps to verify your identity in connection with your order. For orders that we do not process or cancel, ORIGO will not charge you or provide a refund.

6. Event Rules and Interpretation

6.1 This section applies to long-term subscription users who engage in health-oriented weight loss programs and participate in associated events.

6.2 Refund conditions

Users may apply for a refund if all of the following conditions are met:

• During a plan period of no less than one month, users must strictly adhere to daily calorie targets for both diet and exercise.

• At the end of the plan period, the user's current weight does not meet the initial weight goal set at the start of the program.

• The user can provide daily records of diet and exercise data logged in CalCam, as well as daily weight records that align with the plan requirements.

6.3 Liability Agreement

• Users must provide accurate health data to facilitate the creation of personalized goals. ORIGO shall not be held liable for inaccuracies in user-provided data or health conditions that affect plan execution.

• If the user fails to adhere to the plan continuously or deliberately alters the plan, ORIGO reserves the right to reject the refund application.

6.4 Application Process

• Users must submit a refund application within 7 days after the plan period ends.

• Applications should be submitted through Helpshift by contacting customer support and including the following supporting documents:

• Screenshots of daily diet and exercise data recorded in CalCam during the plan period.

• Daily weight records that comply with the plan requirements.

• Users must follow the subscription refund process outlined in the applicable App Marketplace policies, ORIGO will process the application within 14 business days after receiving all required information.

7. Limitations of Liability; Disclaimer; Indemnity

7.1 Limitations of Liability

NEITHER ORIGO NOR ANY AFFILIATES OR LICENSORS OF ORIGO WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA OR OTHER LOSSES, EVEN IF ORIGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORIGO'S AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

7.2 Disclaimer

WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW. ORIGO AND ITS AFFILIATES MAKE NO WARRANTIES, NO MATTER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. ORIGO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

7.3 Indemnity

You agree that, to the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless ORIGO, its affiliates, its past, present, and future employees, contractors, consultants, external advisors, agents, representatives, predecessors, successors (the “Indemnified Parties”) from any claims, losses, and expenses (including attorneys' fees) arising from or relating to your use of the Services, including your Content, your breach of these Terms, or violation of applicable law.

8. Health and Nutritional Information

8.1 Pursuing an unscientific health plan or a unscientific target weight difference results in an unrealistic calorie goal. The calorie goal serves only as a reference, you are responsible for consuming an appropriate amount of food that meets your personal health needs based on your actual health condition.

8.2 You are responsible for your own health.

• ORIGO is not a medical organization and will not provide you with any medical advice or diagnosis. The purpose of the services is solely to help users record what they eat, how they exercise, and track their health, weight. Information made available through the services and by our partners and affiliates is intended solely for recreational and educational purposes.

• Always consult with your doctor before starting a diet or fitness program or if you experience any pain or discomfort. ORIGO cannot guarantee any health, weight, and/or fitness results or improvements. Our services are only intended for healthy adults. Please do not use our services if you suffer from, or might suffer from, any medical condition that may be affected by diet or exercise.

• Nutritional information found in our database has not been verified, investigated, or reviewed by ORIGO. We cannot guarantee that the nutritional information provided is accurate, reliable, or complete. ORIGO is not responsible for any personal injury or other damages that may result, directly or indirectly, from any use or misuse of the services.

8.3 We recommend referring to the Food-Based Dietary Guidelines from the Food and Agriculture Organization for more precise nutritional guidance and to support your healthy lifestyle.

9. Governing Law and Dispute Resolution

THE FOLLOWING SECTION INCLUDES MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISION. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, PLEASE READ IT CAREFULLY.

9.1 These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of New York, United States of America without giving effect to any choice or conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods should not apply to these Terms.

9.2 All disputes arising out of, or in connection to these Terms or any aspect of the relationship between you and ORIGO and its affiliates (“Disputes”), will be resolved by binding arbitration rather than in a court by a judge or jury. You and ORIGO agree that both parties will first try to negotiate and settle the Disputes in good faith within 30 days after the Disputes arise. If the parties fail to settle after 30 days, the Disputes shall be brought to Arbitration by the JAMS in accordance with the then effective JAMS Comprehensive Rules. The arbitral tribunal will consist of one sole arbitrator and both parties will mutually select one arbitrator. The arbitration will be held in English in New York, New York, USA. The arbitral award will be final and binding on the parties.

9.3 To the maximum extent permitted by applicable law, Disputes must be brought on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding.

10. Termination

10.1 We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of the Services.

10.2 You may stop accessing the Services at any time for any reason. ORIGO may terminate your access to the Services at any time without prior notice if ORIGO determines:

• You breached any of these Terms.

• ORIGO must do so to comply with the law.

• Your use of the Services could cause risk or harm to ORIGO, our users, or anyone else. If ORIGO terminates your account, we will make reasonable efforts to notify you in advance so you can export your Content or your data from the Services, unless it is not appropriate for us to do so, we reasonably believe that continued access to your account will cause damage to ORIGO, our users, or anyone else, or we are legally prohibited from doing so.

10.3 The termination and cease of use of the Services do not exempt you from the liability of breaching these Terms or conducting any fraudulent, abusive, or illegal activity.

10.4 If you believe ORIGO has suspended or terminated your account in error, you can file an appeal with us by contacting our Support team.

11. Miscellaneous

11.1 Use of Brands You may not use ORIGO's or any of its affiliates' names, logo, or trademark without prior written consent from ORIGO.

11.2 Severability If any part of these Terms is invalid, illegal, unenforceable, or void in accordance with any applicable law, the rest of the Terms shall remain in effect.

11.3 Modification ORIGO may amend these Terms from time to time by updating the revised version or by sending email to you. Your continued use of the Services after any change to the Terms constitutes your agreement to such changes.

11.4 Notice All notices shall be in writing. (1) ORIGO may issue notice to you by: (i) sending you In-app notice, or (ii) sending you email using the email address you provided. Notice ORIGO sent to you will be deemed given on: (i) the date of posting the In-app notice if notice is sent via In-app notice, (ii) the date of receipt if delivered by email, or (iii) on the date sent via courier if delivered by post. (2) You may give notice to ORIGO by sending email to [email protected].

11.5 Equitable Remedies You acknowledge that your violation of these Terms may cause irreparable harm to ORIGO and its affiliates, and ORIGO shall have the right to seek injunctive relief against you in addition to any other legal remedies.

11.6 Feedback

For any feedback, comments or questions on these Terms or the Services, please email to [email protected].