Terms of Service

IMPORTANT: Pacali is not a medical device. It is not intended for the diagnosis, treatment, cure, or prevention of any medical condition. Calorie, macro, and nutrition figures are estimates, and AI food recognition may be inaccurate. The content and features are provided for informational and general wellness purposes only and are NOT a substitute for professional medical, nutritional, or fitness advice. Always consult a qualified professional before making decisions about your diet, exercise, or health, and never disregard professional advice because of something you read or saw in the Service.

You must be at least 18 years of age to use the Service. By using the Service you represent and warrant that you are 18 or older. Accounts identified as belonging to underage users will be terminated.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate information and to notify us promptly of any unauthorized use of your account.

The Service collects and processes health, fitness, and biometric information (such as weight, height, activity, sleep, workouts, and nutrition logs), which constitutes sensitive personal data. By providing this information you give your explicit, affirmative consent to its collection, storage, and processing as described in our Privacy Policy (GDPR Art. 9(2)(a)). You can withdraw this consent at any time through the app's settings or by deleting your account.

• Apple Health & Health Connect: With your explicit permission, Pacali reads and/or writes health and fitness data through Apple Health (HealthKit) on iOS and Health Connect on Android. You may revoke this access at any time in your device settings. We do not use this data for advertising or sell it to third parties.
• Location (Run Tracker): If you use the run tracker, the Service collects precise GPS location while a run is active to record your route, distance, pace, and elevation. You may disable location access at any time in your device settings, which will disable the run tracker.

• Free Tier & Trials: A free tier is available. A free trial may be offered; cancel anytime during the trial to avoid being charged.
• Auto-Renewal: Paid subscriptions automatically renew at the then-current price unless cancelled at least 24 hours before the end of the current period.
• Cancellation: Manage and cancel through your device's app store settings. Access to paid features continues until the end of the billing period.
• Billing & Refunds: Payments and refunds are handled by the respective app store (Apple App Store or Google Play) under its terms. Subscription management and paywalls may be presented through Superwall, and payments may be processed by Stripe, Apple Pay, or Google Pay.

The Service and its original content, features, and functionality are and remain the exclusive property of Alex Kem (Pacali AI) and its licensors, and are protected by copyright, trademark, and other applicable laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes.

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms;
• Harass, abuse, or harm other users;
• Submit malicious code, or interfere with or disrupt the integrity or performance of the Service;
• Impersonate any person or entity, or gain unauthorized access to the Service or other accounts;
• Scrape, copy, reverse-engineer, or create derivative works from the Service or its content without authorization.

You retain all rights to the content you submit, including food photos, progress photos, text entries, food logs, and recipes (“User Content”). You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, and use your User Content as needed to operate and improve the Service. We may use anonymized or aggregated food images to improve our AI models; progress photos are never used for model training. You are solely responsible for the accuracy of the data you submit.

The Service integrates with third-party providers, including Supabase (cloud database, authentication, and storage), Superwall (subscription management and paywalls), Stripe, Apple Pay, and Google Pay (payment processing), Google Analytics and Firebase (analytics and crash reporting), and AI/ML services for food recognition, nutrition analysis, and conversational AI features. You acknowledge that relevant data may be shared with these providers in accordance with their respective terms and privacy policies, as further described in our Privacy Policy.

Pacali includes AI-powered features, including a chat assistant for nutrition guidance, workout planning, and general wellness questions. You acknowledge that:

• AI responses are generated automatically and may not always be accurate, complete, or current.
• AI features are for informational purposes only and are not a substitute for professional medical, nutritional, or fitness advice.
• You should not rely on AI responses for medical decisions; always consult a qualified professional for health concerns.
• Conversations may be processed by third-party AI providers and may be used in anonymized form to improve the Service.

The Service is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, that AI recognition will be accurate, or that nutritional information is precise. Nutritional information is estimated.

To the maximum extent permitted by law, Alex Kem (Pacali AI) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any health outcomes, loss of data, or loss of profits, arising out of or relating to your use of the Service. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence or for fraud.

You agree to indemnify and hold harmless Alex Kem (Pacali AI) and its affiliates from any claims, damages, liabilities, and expenses arising out of your use of the Service, your User Content, or your violation of these Terms or any applicable law.

We may suspend or terminate your access to the Service immediately, without prior notice, for any breach of these Terms. You may delete your account at any time through the app's settings, by email, or via our account deletion page. Upon termination, the rights granted to you under these Terms will cease.

We may modify these Terms at any time. For material changes, we will provide notice — for example through the app or by email — at least 30 days before they take effect, where required. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the Federal Republic of Germany, without regard to its conflict-of-law provisions and without prejudice to any mandatory consumer protection rights available to you in your country of residence. The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Email: akremagency@gmail.com
Mailing Address: Alex Kem, Pacali AI, Am Hellweg 10, 32105 Bad Salzuflen, Germany