Terms of Use

Version: 1.1.0 Effective date: 2026-06-11 Document: Terms of Use (ToU) for the KCalories application Source of truth: the version delivered by the application via the backend versioning system. This version is accessible at any time from Settings → Legal → Terms of Use.

1. Preamble

These Terms of Use (hereinafter “the ToU”) govern the use of the mobile application KCalories (hereinafter “the Application” or “the Service”), published by KCalories (a natural person publishing on a non-professional basis), whose contact details appear in the Legal Notice accessible from the Application (hereinafter “the Publisher” or “we”).

The Application is a free nutritional and body tracking solution designed to support its users (hereinafter “you” or “the User”) in managing their diet, hydration, physical activity, and the achievement of their personal health and wellness goals.

The ToU constitute a contract between the User and the Publisher, governing access to and use of the Application. Any use of the Application implies the full and unreserved acceptance of these ToU.

2. Definitions

For the purposes of these ToU, the terms below have the following meanings:

3. Purpose of the ToU

The purpose of the ToU is to define the conditions under which:

1. The Publisher makes the Application available free of charge to Users;
2. Users access and use the Application;
3. The rights and obligations of the Parties are exercised within the scope of this use.

These ToU do not cover:

• The collection and processing of Personal Data → see the Privacy Policy.
• The identification details of the Publisher, hosting provider, and other legal information → see the Legal Notice.

4. Acceptance and Modification of the ToU

4.1 Acceptance

Use of the Application requires the explicit and prior acceptance of these ToU. This acceptance is materialised by validating the corresponding box during Account creation, or subsequently through the validation screen presented by the Application.

The User declares having read the ToU prior to acceptance. No access to the Application’s features will be possible until the User has accepted the ToU.

4.2 Revocation

The User may at any time revoke their acceptance of the ToU from the Settings → Legal → Terms of Use → Revoke screen.

Consequence of revocation: access to the Application will be immediately blocked. The User will retain the ability to:

• Re-accept the ToU to regain access to the Service;
• Request the deletion of their Account (GDPR right to erasure, art. 17).

4.3 Modification of the ToU

The Publisher reserves the right to modify the ToU at any time, notably to reflect changes in the Service, evolutions of applicable law, or User feedback.

Any substantial modification will be notified to the User through the Application at least 30 days before its entry into force. The new version of the ToU will systematically be presented to the User for acceptance. Continued use of the Application after acceptance constitutes adherence to the new ToU.

A User refusing the new ToU may have their access to the Application blocked, in accordance with section 4.2.

5. Access to the Service

5.1 Technical conditions

The Application requires:

• A compatible iOS device (iPhone, iPad) running iOS 17 or later;
• An Internet connection for most features (account creation, synchronisation, food search, social features);
• An active App Store account for download.

The Publisher shall not be held responsible for Internet connection costs or for malfunctions related to the User’s device or operating system.

5.2 Availability

The Publisher endeavours to maintain the Application accessible 24/7, subject to maintenance operations, technical incidents, or cases of force majeure.

The Publisher does not guarantee absolute and uninterrupted availability. As the Application is provided free of charge, no compensation may be claimed for a temporary interruption of the Service.

5.3 Target audience

The Application is intended for adults (18 years of age and over). Use by minors requires the agreement of a holder of parental authority.

The Application is not a medical device. It does not in any way substitute for professional medical, dietary or nutritional advice. Users suffering from a pathology (diabetes, eating disorders, allergies, pregnancy, etc.) are invited to consult a healthcare professional before any nutritional follow-up.

6. User Account

6.1 Account creation

Account creation is required to access the Application’s features. On initial launch, the Application automatically creates an anonymous account (Firebase Anonymous Authentication) tied to the User’s device.

The User may, at any time, link this anonymous account to their Apple ID via the Sign in with Apple feature. This linking enables Account recovery on a new device and cross-device synchronisation.

6.2 User responsibility

The User is solely responsible for:

• The confidentiality of their Apple ID and any unauthorised access resulting therefrom;
• The accuracy of the information they enter in the Application (weight, height, age, goals, etc.);
• The use they make of the nutritional recommendations displayed by the Application.

6.3 Account deletion

The User may delete their Account at any time from the Settings → Account → Delete my account screen. Deletion results in the irreversible erasure of all Personal Data associated with the Account, in accordance with the right to erasure (GDPR art. 17).

The precise erasure modalities (timing, data retained for legal obligations) are detailed in the Privacy Policy.

7. Rights and obligations of the User

7.1 Personal and non-commercial use

The Application is made available to the User for strictly personal and non-commercial purposes. The User undertakes not to:

• Commercially exploit the Application or its content without prior written authorisation from the Publisher;
• Resell, sublicense, or redistribute the Application or its data;
• Carry out reverse engineering, decompile or disassemble the Application;
• Circumvent technical protection measures put in place by the Publisher;
• Use the Application for illegal, fraudulent, defamatory purposes, or in violation of third-party rights;
• Attempt to gain unauthorised access to the Publisher’s technical infrastructure.

7.2 User Content

The User retains full rights to the User Content they enter in the Application. By uploading or entering User Content, the User grants the Publisher a non-exclusive, royalty-free, worldwide licence, for the durations and purposes strictly necessary to provide the Service (storage, synchronisation, display on the User’s devices).

This licence terminates automatically upon Account deletion.

7.3 Behaviour

The User undertakes to use the Application with respect and good faith, particularly in the optional social features (challenges, leaderboard, sharing). Any abusive, harassing behaviour, or behaviour contrary to public order may result in the suspension or deletion of the Account without notice.

8. Intellectual Property

The Application, its source code, design, interfaces, original texts, proprietary databases, logo and KCalories trademark are the exclusive property of the Publisher, protected by the French Intellectual Property Code (art. L111-1 et seq.).

Acceptance of the ToU grants the User a personal, non-exclusive, non-transferable and revocable right of use of the Application, within the limits of the features offered and for the duration of effective use of the Service.

No provision of the ToU transfers to the User any ownership right in the Application.

Details of third-party trademarks cited in the Application appear in the Legal Notice.

9. Personal data

The processing of Personal Data is governed by the Privacy Policy accessible from Settings → Legal → Privacy Policy.

The Publisher acts as data controller within the meaning of Regulation (EU) 2016/679 (“GDPR”). The User has at any time the rights provided by the GDPR: access, rectification, erasure, opposition, portability, restriction of processing. These rights are exercised by email at contact@kcaloriesapp.com.

10. Liability

10.1 Limitation of liability

The Application is provided “as is” and “as available”, without warranty of any kind, express or implied, within the limits permitted by French law.

The Publisher does not warrant:

• The accuracy, exhaustiveness or absolute reliability of nutritional data displayed (sourced notably from third-party databases: Open Food Facts, CIQUAL, USDA FoodData Central);
• The suitability of the Application to the User’s specific needs or expectations;
• The uninterrupted and error-free operation of the Application;
• Compatibility with all iOS devices or all iOS versions.

The Application is not a medical device within the meaning of Directive 93/42/EEC or Regulation (EU) 2017/745. The information and recommendations displayed are provided for indicative purposes only and shall not replace professional medical advice.

10.2 Excluded cases

The Publisher shall not be held liable for direct or indirect damages resulting from:

• The use or impossibility of using the Application;
• A decision made by the User on the basis of information displayed by the Application;
• A case of force majeure (network outage, third-party service provider failure, natural disaster, etc.);
• A fraudulent intervention by a third party (hacking, computer attack) despite the security measures implemented by the Publisher.

10.3 User responsibility

The User is solely responsible for:

• The use they make of the Application;
• The decisions made on the basis of information displayed by the Application;
• The backup of their own data (the Publisher recommends activating Sign in with Apple synchronisation to benefit from a server-side backup copy);
• Compliance with these ToU and applicable laws.

11. Duration and termination

The ToU are concluded for an indefinite term from their acceptance by the User.

The User may terminate the ToU at any time, without notice or justification, by:

1. Revoking their acceptance (cf. section 4.2), or
2. Deleting their Account (cf. section 6.3), or
3. Uninstalling the Application from their device.

The Publisher reserves the right to terminate the ToU and to suspend or delete an Account in case of serious breach by the User of their obligations (cf. section 7.1), after notification by email where possible.

12. Applicable law and jurisdiction

These ToU are governed by French law.

Any dispute relating to the interpretation or execution of the ToU shall be the subject of a priority search for an amicable settlement between the User and the Publisher. The User may address any complaint to contact@kcaloriesapp.com. The Publisher undertakes to respond within 30 days.

Failing amicable settlement, and in accordance with the provisions of the French Code of Civil Procedure, any dispute shall be brought before the competent French courts.

13. Contact

For any question relating to these ToU:

• Email: contact@kcaloriesapp.com
• Postal mail: the Publisher’s identity and address are communicated to the hosting provider (art. 6-III-2 LCEN); for any request, use contact@kcaloriesapp.com

End of document — Version 1.1.0

For the French version, see terms-of-use_fr.md.