Terms of Service

Effective Date: May 26, 2026

Please read these Terms of Service ("Terms") carefully before accessing or using CalorieIntel.

The CalorieIntel website ("Website"), mobile application ("App") and services (collectively, the "Services") are made available to you ("you" or "your") subject to these Terms of Service ("Terms") and our Privacy Policy ("Privacy Policy") (collectively, the "CalorieIntel Terms"). Services are provided to you by Wise River, LLC and its affiliates ("Company," "CalorieIntel," "we," "us," or "our"), a Florida limited liability company.

By accessing and using the Services, signing up for an account, or indicating your consent, you agree to the CalorieIntel Terms. If you do not agree to any part of the CalorieIntel Terms, you may not use the Services.

You agree that the agreement formed by the CalorieIntel Terms is like any written, negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary rights, power, and authority to enter into this agreement and to perform your obligations hereunder.

1. Registration, Accounts, Services

Who Can Use the Services

You must be at least 18 years old to use the Services.

No individual under the age of 18 may use the Services or provide us with any personal information. We implement technical measures to prevent individuals under the age of 18 from creating an account or otherwise using our Services. If we become aware that an individual under 18 may have provided us with personal information, we will investigate and if applicable, take steps to remove the data and delete that individual's account.

You represent and warrant that you have verified in your own jurisdiction if your use of the Services is allowed, that you will perform under these CalorieIntel Terms in compliance with all applicable laws, rules and regulations, and that all information you provide in connection with your access to or use of the Services is true, accurate, and complete to the best of your knowledge and belief.

Your Account

You may need to register for a CalorieIntel account to access or use the Services. When you create an account for our Services, you agree to provide us with accurate and complete information as part of the registration process and keep that information up to date.

You agree to create only one account for your own personal use and not share your account with others. You are responsible for maintaining the confidentiality of the password associated with your account. You accept responsibility for all activities that occur under your account.

Please notify our Support Team right away of any actual or suspected loss, theft, or unauthorized use of your account or account password.

You can delete your account at any time. If you delete your account, it usually cannot be recovered.

Changes to Services

We may provide updates (including automatic updates) for the Services, which may include upgrades, changes, modifications, bug fixes, patches and other error corrections and/or new features (collectively, "Updates"). Certain portions of our Services may not properly operate if you do not install all Updates. The CalorieIntel Terms will apply to any and all Updates. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service. No specified update or refresh date should be taken to indicate that all information in the Services or on any related website has been modified or updated.

We may change the Services at any time, including (a) terminating, eliminating, supplementing, modifying, adding, or discontinuing any Content (defined below), feature, data, or service on or available through the Services; (b) changing the software or other equipment required to use and access the Services; and (c) changing prices for the Services, if applicable. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services, or any items available on the Services.

We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability. If certain aspects of our Services or features are dependent on third parties, you understand that such third parties may discontinue their provision of services to us at any point and as a result, we may no longer be able to provide you with such features. We are not responsible for any action or inaction by such third parties or any resultant impact to our Services.

Changes to Terms

CalorieIntel reserves the right to update the CalorieIntel Terms at any time and for any reason in its sole discretion. We will notify you in advance of any material changes to the CalorieIntel Terms. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified CalorieIntel Terms. If the modified CalorieIntel Terms are not acceptable to you, please stop using the Services and delete your account.

2. Ownership and Use of Content

"Content" is all content and materials made available through the Services, including without limitation, images, designs, graphics, text, information, data, nutritional information, meal plans, software, scripts, AI-generated outputs, and other files, and their selection and arrangement. "User-Generated Content" means any Content that you or another user makes available in connection with the Services, whether privately or publicly posted. "CalorieIntel Content" means all Content that is not User-Generated Content.

CalorieIntel Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) therein and in the Services are the sole property of CalorieIntel and/or its licensors. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights or goodwill belonging to CalorieIntel or its licensors is prohibited. Except as otherwise specified herein, no licenses, express or implied, are granted by CalorieIntel to you under any patent, copyright, trademark, trade secret, or other intellectual property right of CalorieIntel and all such rights are reserved and retained by CalorieIntel. ALL RIGHTS RESERVED.

Our License to You

Subject to your compliance with the CalorieIntel Terms, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services and CalorieIntel Content for your own personal, noncommercial purposes, provided that you do not copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the CalorieIntel Content or Services.

If any open source or third-party code is incorporated in the App, such open source or third-party code is covered by the applicable open source or third-party license, if any, authorizing use of such code.

Your License to Us

When you provide User-Generated Content to CalorieIntel through the Services, you grant us a perpetual, non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, copy, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt, reformat, reorganize, translate, excerpt, exploit (commercially or otherwise), create derivative works of, and otherwise process, in all media and distribution methods now known or later developed, such User-Generated Content in connection with any and all Services. You acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated Content in any way we desire; (b) we have no obligation to provide you with any credit when using your User-Generated Content; and (c) you are not entitled to any compensation or other payment from us in connection with the use of your User-Generated Content.

Notwithstanding the above, we will not make use of any of your User-Generated Content in a manner that is inconsistent with our Privacy Policy.

We reserve the right, but do not have the obligation, to, at any time and for any reason: monitor, review, prescreen, edit, redact, otherwise modify, reorganize, or recategorize User-Generated Content from the Services; and archive or otherwise store any User-Generated Content. We also reserve the right to remove, modify, or restrict your access to User-Generated Content for any reason and at any time, including User-Generated Content we believe violates these Terms and/or our policies. You understand that, even after removal or deletion, User-Generated Content you have provided may remain viewable to and may have been copied or stored by other users and members of the public.

You agree that you will respect the intellectual property rights of others. By providing User-Generated Content, you represent and warrant that you are the creator and owner of the User-Generated Content or that you otherwise have all the legal rights, permissions, and consents necessary to provide that User-Generated Content as contemplated by these Terms and to grant CalorieIntel the foregoing license. You also represent and warrant that your User-Generated Content and all other information provided to us does not infringe, misappropriate, or otherwise violate the intellectual property rights, privacy rights, or other proprietary rights of any third party.

We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services ("Feedback") you choose to provide. Feedback is considered User-Generated Content and is subject to the terms above.

3. Premium Services

We offer a premium version of the Services (the "Premium Service") for a fee. The Premium Service provides you access to the full functionality of the Application. We reserve the right to change our Premium Service at any time, including with respect to the features made available, as additionally described in Section 1 above.

Signing Up

By signing up for and using the Premium Service, you agree to pay any fees that apply to the Premium Service, including ongoing subscription fees. Purchases and subscriptions are processed through the Apple App Store (the "App Provider"). App Provider's terms govern payment processing, renewals, and refunds.

Autorenewal

Subscription fees will be billed automatically at the start of each subscription period, as applicable. The Premium Service you are subscribed to will auto-renew unless you cancel your subscription prior to the end of the then-current subscription period.

Cancellation of Premium Service

You may cancel your subscription through your Apple ID account settings or at apps.apple.com/account/subscriptions.

The cancellation of a subscription will go into effect at the end of your billing period and you will continue to have access to the Premium Service through the end of the billing period. When your subscription ends, your account will remain but you will lose access to Premium features.

Please be aware that deleting the App from your device does not result in the cancellation of your subscription. You must specifically cancel your subscription via the App Provider.

Free Trials

We may offer free trials of our Premium Service which provide you with access to Premium features for a limited period of time at no charge (each a "Free Trial"). In order to sign up for a Free Trial, you may need to provide a payment method.

Unless you cancel before the end of the Free Trial period, your access to the Premium Service will automatically continue, and you will be billed the applicable fees for that Premium Service using the payment method you provided.

Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even if it was not used for the entire duration of the offer. You may not sign up for more than one Free Trial of a Premium Service at the same time.

Price Changes

To the maximum extent permitted by applicable laws, we may change our prices for the Premium Service at any time. We will give you reasonable notice of any such pricing changes, and if you do not wish to pay the new prices, you can cancel the applicable Premium Service prior to the change going into effect. If you do not timely cancel, any such price changes may take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Services after the price change takes effect, you will be deemed to have accepted the new price.

Termination of Premium Service

If you do not pay the fees or charges due for your use of the Premium Service, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Premium Service (and may do so without notice).

4. Health and Safety

We provide health and weight management information and guidance only.

You should seek the advice of a physician or a medical professional with any questions you may have regarding your health before beginning any dietary programs, fasting protocols, exercise regimen or any other fitness or wellness activities, as may be referenced in our Services. If you are being treated for a health condition or illness, taking prescription medication or following a therapeutic diet to treat a disease, you should consult with your physician before using the Services. If any information you receive or obtain from using the Services is inconsistent with the medical advice from your physician, you should follow the advice of your physician. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE OR ATTENTION BECAUSE OF ANY CONTENT PRESENTED IN THE SERVICES.

Not Medical Advice

Services (including but not limited to Content) are provided for general informational purposes only. CalorieIntel is not a medical professional or a medical organization and we do not provide medical services or render medical advice. Services are not intended for use in the diagnosis of diseases or other medical conditions, or in the cure, mitigation, treatment or prevention of disease or medical condition. Nothing contained in the Services should be construed as such advice or diagnosis. The information provided by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment and should not be relied upon when making medical decisions, or to diagnose or treat a health condition or illness.

Use of the Services, or communication with us, does not create any doctor-patient relationship.

AI-Generated Content

Portions of the Services and Content may include or be created with proprietary or third-party technologies such as artificial intelligence or machine learning systems, including third-party large language models. You understand that such technology and its output or recommendations may contain errors or misleading information, may not be accurate or reliable, and can perpetuate biases that are present in data used to train models. CalorieIntel does not guarantee the accuracy, completeness, or usefulness of any such output, recommendations or other materials and bears no liability to you with respect to the use of such technology or its output.

Fasting Safety

Intermittent fasting may not be appropriate for all individuals. You should consult a licensed healthcare provider before beginning any fasting protocol, especially if you have diabetes, an eating disorder, are pregnant or nursing, have a history of disordered eating, or take medications that require food intake. The fasting features of the Services, including safety check-ins, are informational tools only and are not substitutes for medical monitoring.

Accuracy of Content

We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content. Calorie estimates, nutritional data, AI coaching responses, and food identifications are automated approximations and may be incomplete or inaccurate.

WE MAKE NO REPRESENTATIONS OF ANY KIND FOR AND EXPLICITLY DISCLAIM ALL RESPONSIBILITY WITH RESPECT TO FOOD SAFETY, ALLERGENS OR CONTRAINDICATIONS TO MEDICATIONS.

Any use of our Services to promote, glamorize, or achieve dangerously low levels of eating is not permitted. If you feel like our Services may not be the best choice for you, please do not use them.

5. Restrictions

The Services may be used only for lawful purposes. CalorieIntel specifically prohibits any use of the Services as follows.

No Derivative Works

Except as expressly permitted by applicable law or specifically authorized by CalorieIntel, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services or any CalorieIntel Content, in whole or in part. You may not download, copy, or save CalorieIntel Content, except as expressly permitted by the functionality of certain Services.

No Commercial Use

The Services are intended only for your personal, non-commercial use. You may not collect, harvest, or use any Content, data, or information made available via the Services for any purposes not explicitly authorized by us, including but not limited to commercial exploitation, competitive analysis, or research and development of your own products or services.

No Disruption

You may not perform or attempt to perform any actions that would (a) interfere with or damage the proper operation of the Services, including through unauthorized use, disruption, automated attacks, exploitation, or abuse of our resources, (b) prevent access to or use of the Services by other users, or (c) impose any unreasonable or disproportionately large load on our infrastructure.

No Scraping

You may not engage in data mining or similar data gathering or extraction activities or retrieve data or content from the Services by accessing, monitoring, or copying any Content or information using automated means, including but not limited to robots, spiders, crawlers, scrapers, indexing agents, or any other automated tools or processes. You may not bypass or attempt to bypass any measures we may use to prevent or restrict access to the Services.

No Viruses

When using the Services, you may not post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines.

No Impersonation

You may not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

6. Third Parties

Our Services may link to, interact with or be available on third-party services or products ("Third Party Services"). If you access such Third Party Services, be aware that different terms and privacy policies apply to your usage of such services. We are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third Party Services and your access and use of such Third Party Services is entirely at your own risk.

Social Networks

You may choose to log in to the Services via various online Third Party Services, such as social networking services or identity providers (e.g., Sign in with Apple) ("Social Networking Services"). To take advantage of these features, we may ask you to authenticate, register for, or log into Social Networking Services on the websites or platforms of their respective providers. As part of this integration, the Social Networking Services will provide us with access to certain information you have provided to them, and we will use, store, and disclose such information in accordance with our Privacy Policy.

Mobile Services

To use or access our App, you will need a compatible device. We cannot guarantee the App will be compatible with, or available on, your device. Your phone company's normal messaging, data, and other rates and fees will apply.

App Stores

Our App may be made available to you on the Apple App Store (the "App Provider"). These Terms are an agreement between you and CalorieIntel, and not with the App Provider. As between CalorieIntel and the App Provider, CalorieIntel is solely responsible for its App. Your use of the App must comply with any applicable terms and conditions provided by App Provider. App Provider has no obligation to provide any maintenance and support services or have any warranty obligations. The App Provider and its subsidiaries are third-party beneficiaries of these CalorieIntel Terms as it relates to your license to the App.

7. Digital Millennium Copyright Act

If you believe User-Generated Content or CalorieIntel Content infringes copyright or trademark under U.S. or other national law, please notify us. We investigate any allegations of infringement brought to our attention. Pursuant to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), please provide us with the following information in your notice of a suspected violation:

• Identification of the material being infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
• Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and, if available, email address.
• A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
• A statement that the information provided in the notice is accurate and that the Notifying Party is the copyright owner or authorized to make the complaint on behalf of the owner of an exclusive right that is allegedly infringed.
• A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of the material that has been allegedly infringed.

Your notice must be signed (physically or electronically) and must be addressed to: support@calorieintel.com, Attn: DMCA Requests.

You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Some information provided in a notice of infringement may be forwarded to the user who posted the allegedly infringing content. In the U.S., under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

8. No Warranties

EXCEPT WHERE PROHIBITED BY LAW, CALORIEINTEL EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, QUALITY, TITLE, VALIDITY, OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE". SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO ONLY THOSE REQUIRED BY LAW, FOR THE SHORTEST DURATION PERMITTED BY LAW, AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.

Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content.

To the maximum extent permitted by applicable law, we do not warrant that (a) the Services will meet your requirements or provide specific results, (b) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (c) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to any Content; User-Generated Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL CALORIEINTEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER OF THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; (E) DAMAGES IN ANY MANNER RELATING TO ANY THIRD PARTY CONTENT OR THIRD PARTY SERVICES ACCESSED OR USED VIA THE SERVICES; AND/OR (F) ANY HEALTH OUTCOMES RESULTING FROM YOUR RELIANCE ON INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO CALORIE ESTIMATES, NUTRITIONAL DATA, AI COACHING RESPONSES, AND FASTING GUIDANCE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CALORIEINTEL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

EXCEPT AS OTHERWISE PROVIDED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF CALORIEINTEL, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIVE HUNDRED DOLLARS (US $500.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S) IN THE PAST TWELVE MONTHS. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services' prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and us and form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.

10. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold CalorieIntel harmless from any and all liabilities, claims, demands, losses, or expenses, including reasonable accounting and attorneys' fees, made by any third party due to or arising out of (a) the User-Generated Content you access or share through the Services; (b) your use of the Services; (c) your activities in connection with the Services; (d) your violation of the CalorieIntel Terms; (e) any violation of the rights of any other person or entity by you, including, without limitation, any intellectual property, proprietary, privacy, or other rights of any party. We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of these claims. You shall not in any event settle any matter without the prior written consent of CalorieIntel. This indemnification section will survive any termination or expiration of the CalorieIntel Terms.

11. Governing Law

CalorieIntel Terms shall be governed by and construed in accordance with the laws of the State of Florida and controlling U.S. federal law as applicable, without regard to its conflict of law principles.

12. Dispute Resolution

PLEASE READ THIS ENTIRE SECTION 12 ("DISPUTE RESOLUTION") CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR DISPUTES. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER.

THIS SECTION APPLIES TO ANY DISPUTE BETWEEN YOU AND CALORIEINTEL (EACH, A "PARTY;" TOGETHER, THE "PARTIES") ARISING OUT OF OR RELATING IN ANY WAY TO THE CALORIEINTEL TERMS, OUR PRODUCTS OR SERVICES, OUR PRIVACY AND DATA SECURITY PRACTICES, AND TO ANY PURCHASE, TRANSACTION, OR OTHER INTERACTION WITH CALORIEINTEL, WHETHER IN CONTRACT, TORT, WARRANTY, STATUTE, REGULATION, OR OTHER LEGAL OR EQUITABLE BASIS (EACH, A "DISPUTE"), INCLUDING, BUT NOT LIMITED TO:

• DISPUTES THAT AROSE BEFORE THIS OR ANY PRIOR AGREEMENT;
• DISPUTES THAT WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER; AND
• DISPUTES THAT MAY ARISE AFTER THE TERMINATION OF THE CALORIEINTEL TERMS.

Notwithstanding the provisions herein, this Dispute Resolution section will not preclude you or CalorieIntel from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. Furthermore, this Dispute Resolution section will not preclude you or CalorieIntel from (a) applying to the appropriate court for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, or (b) seeking relief in any court for disputes related to a violation of CalorieIntel's intellectual property rights. Additionally, either you or CalorieIntel may bring a Dispute in small claims court consistent with the jurisdictional and dollar limits that may apply.

Mandatory Informal Dispute Resolution

If you have a Dispute against CalorieIntel or if CalorieIntel has a Dispute against you, you and CalorieIntel must first attempt to resolve the Dispute informally in order to try to resolve the Dispute faster and reduce costs for both parties. You and CalorieIntel agree to engage in good faith pre-suit/pre-arbitration discussions for a period of no less than sixty (60) days.

To commence the Informal Dispute Resolution Process, you or CalorieIntel must send to the other Party a written notice of Dispute ("Notice") describing the facts and circumstances of the Dispute and the specific relief sought. Your Notice must be sent via email to support@calorieintel.com, Attn: Legal. We will send any Notice to you at your last-used email address on file.

Completion of the Informal Dispute Resolution Process and expiration of the sixty (60) day period shall be an express condition precedent to either Party serving an Arbitration Demand or otherwise initiating a lawsuit. You and CalorieIntel agree that any action commenced in arbitration or court without first exhausting the Informal Dispute Resolution Process shall be defective and subject to dismissal at the cost of the Party found to have prematurely commenced the action.

Binding Arbitration

Any Dispute that is not resolved through the Informal Dispute Resolution Process shall be resolved exclusively through final and binding individual arbitration, rather than in court. Arbitration shall be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect. The arbitration will be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

YOU AND CALORIEINTEL EACH ACKNOWLEDGE AND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Jury Trial Waiver

YOU AND CALORIEINTEL EACH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and CalorieIntel are instead choosing that all Disputes shall be resolved by arbitration.

Opt-Out

You may opt out of this arbitration provision by sending written notice to support@calorieintel.com within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration provision in the CalorieIntel Terms of Service.

THIS ENTIRE DISPUTE RESOLUTION SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, THE CALORIEINTEL TERMS, THE PARTIES' RELATIONSHIP, OR THE END OF YOUR USE OF ANY SERVICES.

13. Severability and Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The Company's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Services and supersede all prior agreements, understandings, and communications, whether written or oral, regarding the Services.

15. Contact Information

If you have questions about these Terms, you may contact us at:

Wise River, LLC
Email: support@calorieintel.com
Website: calorieintel.com