Welcome to CalSpark. These Terms of Service ("Terms") are an agreement between you and the developer of CalSpark ("we", "us", or "our") and govern your use of the CalSpark mobile application and related features (together, the "Service").
Please read these Terms carefully. By creating an account, or by otherwise accessing or using the Service, you confirm that you have read and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, please do not use the Service.
You must be at least 13 years old to use the Service. If you are between 13 and 17, you may use the Service only with the involvement and consent of a parent or legal guardian who agrees to be responsible for your use.
By using the Service you confirm that the information you provide about yourself is accurate and that you will keep it up to date.
CalSpark helps you log food, estimate calories and nutrition from photos and text, track activity and weight, and receive automated coaching suggestions. Some features connect to your device's health data or to your location when you allow it.
We may add, change, or remove features at any time, and we may set limits on certain features or restrict access to parts of the Service.
CalSpark is a general wellness and self-tracking tool. It does not provide medical advice, diagnosis, treatment, or professional nutritional counseling, and it is not a substitute for consulting a qualified professional.
You may use the Service by signing in with a supported provider (such as Apple or Google) or, where offered, by continuing without an account. You are responsible for activity that happens under your account and for keeping your sign-in method secure.
Sign-in is handled by a third-party authentication provider. Please tell us promptly if you believe your account has been used without your permission.
"Your Content" means the photos, text, measurements, logs, and other information you submit through the Service — for example, images of meals you photograph for analysis.
You keep ownership of Your Content. To operate the Service, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, and analyse Your Content — including sending food images and text to our automated analysis providers so we can return calorie and nutrition estimates to you.
You are responsible for Your Content and confirm you have the right to submit it. Do not upload content that is unlawful, infringing, or that depicts other people without their consent.
When using the Service you agree not to:
CalSpark requires an active paid subscription. Once you have created an account and completed onboarding, access to the Service depends on holding a current subscription; there is no free tier. Purchases are processed by the app store you downloaded the Service from (such as the Apple App Store), and that store's terms govern billing, renewals, and refunds.
The subscription is offered on an annual basis at HK$188.00 per year on the Hong Kong storefront. Prices in other regions are set by the app store for your country and are shown to you before you confirm a purchase.
New subscribers may be offered an introductory free trial of three days, provided by the app store. If you do not cancel before the trial ends, the subscription begins and the annual price is charged automatically.
Subscriptions renew automatically unless you cancel at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours prior to the end of the current period. You can manage or cancel a subscription, and switch off automatic renewal, in your app store account settings.
The Service relies on and may link to third-party services — for example, automated analysis providers, an authentication provider, mapping data for nearby search, and your device's health platform. We do not control those services and are not responsible for their content or practices. Your use of them may be governed by their own terms.
Apart from Your Content, all parts of the Service — including its software, design, text, graphics, and logos — are owned by the developer of CalSpark or our licensors and are protected by law. We grant you a limited, personal, non-transferable, revocable licence to use the Service for your own personal, non-commercial use. You may not copy, modify, distribute, sell, or create derivative works from any part of the Service without our permission.
You may stop using the Service at any time. We may suspend or end your access if you breach these Terms or if we reasonably need to protect the Service or other users. When access ends, the licences you granted for the ordinary operation of the Service continue only as needed for backups, legal compliance, and de-identified analytics.
The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that estimates it produces will be accurate.
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, or consequential damages, or for loss of data, profits, or goodwill arising from your use of the Service. To the extent liability cannot be excluded, our total liability is limited to the greater of the amount you paid us in the 12 months before the claim or USD $100.
Nothing in these Terms limits any liability that cannot be limited under applicable law.
We may update these Terms from time to time. If we make material changes, we will take reasonable steps to let you know, such as through the app. Your continued use of the Service after an update means you accept the revised Terms.
These Terms are governed by the laws of the Hong Kong Special Administrative Region, without regard to conflict-of-laws rules. Disputes will be subject to the courts of that jurisdiction, unless applicable law gives you the right to bring a claim elsewhere.
If you have questions about these Terms, contact us at support@calspark.cloud.