Terms of Use
What you agree to, in plain words.
These are the terms between you and ROID INC. for CalorieCounter, the iPhone app, and this website. They are written to be read rather than skipped, and the short version is at the top.
The short version
- CalorieCounter is a food diary. It estimates, it does not diagnose, and nothing in it is medical advice.
- The free plan is free forever. Premium is $11.99 a month or $49.99 a year, and the annual plan starts with a 7-day free trial.
- Apple takes the payment, sends the receipt, and handles refunds. Subscriptions renew until you cancel in Settings › Apple Account › Subscriptions.
- What you log is yours. Export it or delete the account whenever you like, from inside the app.
- Apple’s standard license agreement for apps applies alongside these terms.
Apple’s agreement applies too. CalorieCounter is licensed, not sold, and your license to use the app is also covered by Apple’s standard End User License Agreement. Where that agreement and these terms disagree about the license itself, Apple’s wording wins.
Who these terms are between
“We”, “us”, and “ROID INC.” mean ROID INC., a corporation incorporated in Delaware, United States, which makes and operates CalorieCounter. “You” means the person using the app or this site. By installing CalorieCounter, creating an account, or using this website, you agree to these terms. If you do not agree, do not use the app, and remove it from your phone.
What the service is
CalorieCounter lets you log what you eat by photo, barcode, search, voice, text, or quick entry; keeps a diary of those entries; sizes daily calorie and macro targets from the details you give; and shows your history and trends. Premium adds more photo scans, second looks at an estimate, weekly reports, recipes, and longer-range insights. Features change as the app improves. We may add, alter, or retire parts of the service, and if we retire something a paid plan relied on, you can cancel and ask Apple for a refund of the unused part.
Who can use CalorieCounter
- You need to be at least 13 years old. The app is not built for children under 13 and we do not knowingly keep accounts for them.
- Plans that put you in a calorie deficit are for people aged 18 and over. Under 18, the app keeps your target at maintenance and never offers a deficit, whatever goal you pick.
- If you are between 13 and 18, use the app with a parent or guardian who agrees to these terms on your behalf.
- You need to be able to enter a contract where you live, and you agree to use the app only where it is lawful to do so.
Your account
You can log meals without an account. Signing in with Apple lets your diary follow you to a new phone. Keep control of the sign-in you use, because anyone with it can reach your diary. Tell us at support@thecaloriecounterapp.com if you think someone else has got in, and we will help you close it down. One account is for one person; please do not share or resell it.
The free plan
Barcode logging, food search, quick add, custom foods, voice and text describe, your history, and export are free, with no ads and no time limit, and the free plan includes a daily allowance of photo scans, two a day at the time of writing. Free stays free: we will not move those parts behind a paywall for people already using them. If we ever have to change what the free plan includes, we will say so in the app before it takes effect.
Premium, billing, and cancelling
- Price. $11.99 per month, or $49.99 per year, in US dollars. Prices differ by country and the App Store shows what you will actually pay, in your currency, before you confirm.
- Free trial. The annual plan starts with 7 days free. If you do not cancel at least 24 hours before the trial ends, it becomes a paid year at the price shown. A free trial is once per Apple Account, and any unused part of it ends when you buy a subscription.
- Renewal. Subscriptions renew automatically at the end of each period, at the then-current price, unless you cancel at least 24 hours before the period ends.
- Cancelling. Cancel on your iPhone in Settings › Apple Account › Subscriptions. Cancelling stops the next charge and Premium keeps working until the period you have paid for runs out. Deleting the app, or deleting your CalorieCounter account, does not cancel a subscription.
- Payment and refunds. Apple takes the payment, holds your payment details, sends the receipt, and decides refunds. Ask for a refund at reportaproblem.apple.com. We never see your card details and cannot refund an App Store purchase ourselves, but write to us and we will point you to the right place.
- Price changes. If a subscription price rises, Apple asks you to agree before the next renewal, and the subscription does not renew at the higher price unless you do.
Estimates, and what the app is not
A photo estimate is produced by an artificial intelligence model that looks at the picture and guesses which foods are on the plate and how much of each there is. It can be wrong, and a single item can be off by a quarter or more, especially with oil, sauces, mixed dishes, and anything hidden under something else. Each item is labeled Pretty sure, Best guess, or Check this so you can see where to look, and every number can be edited before it is saved. Barcode and database entries carry the manufacturer’s or the database’s figures, which can also be out of date.
CalorieCounter is a diary and a calculator. It is not a medical device, it does not diagnose anything, and nothing in the app or on this site is medical, nutritional, or psychological advice. Targets are arithmetic based on what you told us, not a prescription. Talk to a doctor, dietitian, or other qualified clinician before making a large change to how you eat, and especially if you are pregnant or breastfeeding, managing a health condition, taking medication that depends on what you eat, or have a history of disordered eating. If you are unwell, call a clinician, not an app. There is a list of places that can help on our help and support page.
Using it fairly
Please do not:
- take the app apart, decompile it, or work around the limits of the plan you are on;
- use scripts, scrapers, or automated tools against the app or our servers, or send traffic meant to overload them;
- upload anything unlawful, or any photo you do not have the right to use;
- use the service to build a competing product, or to harvest our food data in bulk;
- impersonate somebody else, or use the app in a way that harms another person.
Photo scanning is metered per person. Heavy automated use can be slowed or stopped so the service stays up for everyone else.
What you log stays yours
Your diary, your photos, your custom foods, and your recipes belong to you. You give us only the permission we need to run the service for you: to store what you log, show it back to you, sync it between your devices when you are signed in, and send a meal photo you chose to scan to our estimate provider so it can be analyzed. That permission ends when you delete the content or your account. We do not use your photos or your diary to train machine-learning models, and we do not sell them. The privacy policy sets out the detail, including how long a scanned photo is kept.
What we own
CalorieCounter, the name, the app, this website, the interface, the copy, and Peel the banana are owned by ROID INC. and protected by copyright and trademark law. These terms give you a personal, non-exclusive, non-transferable license to use the app on Apple devices you own or control, for your own non-commercial use. They do not give you any other rights to our brand or materials. Apple, the Apple logo, iPhone, App Store, and Apple Health are trademarks of Apple Inc.
Where the food data comes from
Nutrition data comes from USDA FoodData Central, which is in the public domain, and from © Open Food Facts contributors, used under the Open Database License (ODbL) v1.0. Open Food Facts content is contributed by the public and can be incomplete or wrong. Every catalog row in the app shows which source it came from. If you take Open Food Facts data out of the app, the ODbL travels with it, including its attribution and share-alike terms.
Ending it
You can stop at any time: export your diary and then delete your account in Settings › Privacy › Delete account, or simply delete the app. Deleting the account removes your account and the data we hold for it, as described in the privacy policy. Remember to cancel a subscription separately, in Settings › Apple Account › Subscriptions.
We can suspend or close an account that is being used in a way that breaks these terms, harms other people, or puts the service at risk. Except where something is seriously wrong or unlawful, we will write to you first and give you a chance to put it right, and we will let you export your diary. The sections on ownership, warranties, liability, and governing law carry on after an account ends.
The app as it is
CalorieCounter is provided as it is and as it is available. To the fullest extent the law allows, ROID INC. makes no warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not promise that estimates are accurate, that the food database is complete or current, that the service will be uninterrupted or free of errors, or that it will meet a particular health goal. Some places do not allow these exclusions, and if you live somewhere that does not, this section applies to you only as far as that law permits.
Limits on liability
To the fullest extent the law allows, ROID INC. is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or health outcomes, arising out of or connected with your use of CalorieCounter, even if we were told such damages were possible. Our total liability for all claims relating to the service is limited to the greater of the amount paid for CalorieCounter in the twelve months before the claim and fifty US dollars. Nothing here limits liability that cannot be limited by law, including liability for fraud, or for death or personal injury caused by negligence.
Your part
You agree to cover ROID INC. against claims, losses, and reasonable legal costs that come from your breaking these terms, from content you uploaded, or from your use of the service in a way that is unlawful or infringes someone else’s rights.
Apple’s part
- These terms are between you and ROID INC. only. Apple is not a party to them.
- ROID INC., not Apple, is responsible for CalorieCounter and its content.
- Apple has no obligation to provide maintenance or support for the app.
- If the app fails to conform to any applicable warranty, you can tell Apple, and Apple may refund the purchase price. To the extent the law allows, Apple has no other warranty obligation for the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are ROID INC.’s responsibility.
- ROID INC., not Apple, handles claims about the app, including product liability claims, claims that the app fails to meet a legal requirement, and claims under consumer protection or similar law, as well as any third-party claim that the app infringes intellectual property rights.
- You confirm that you are not in a country subject to a US Government embargo or designated as supporting terrorism, and that you are not on any US Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
Which law applies
These terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law rules and without the UN Convention on Contracts for the International Sale of Goods. You and ROID INC. agree that disputes will be heard by the state or federal courts sitting in Delaware, and you agree to their jurisdiction. If the law where you live gives you consumer rights that cannot be signed away, or the right to bring a case in your own courts, nothing here takes that away.
Odds and ends
- If a court finds part of these terms unenforceable, the rest stays in force.
- Not enforcing a term once does not mean we give it up.
- You cannot transfer these terms to someone else. We can transfer them to a company that takes over our business, on the same conditions.
- Together with the privacy policy and the health data page, these terms are the whole agreement between us about CalorieCounter.
Changes to these terms
We update these terms when the app changes or the law does. The effective date at the top always says which version you are reading. If a change matters to you, for example to price, to what the free plan includes, or to your rights here, we will tell you in the app or by email before it takes effect, and carrying on using the app after that date means you accept the new version. If you do not accept it, cancel any subscription and delete your account.
Contact
ROID INC. · support@thecaloriecounterapp.com. Write to us about anything on this page and a person will answer.