These Terms are effective and were last updated on 24 April 2026. Calorie Tracker by Oneleaf is operated by Oneleaf SAS, 7 PL DE L HOTEL DE VILLE 93600 Aulnay-sous-Bois, France.
1. GENERAL INFORMATION
1.1 CALORIE TRACKER BY ONELEAF PRODUCTS
These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on www.calorietrackeroneleaf.com (the “Website”), through our applications (the “Apps”) or via other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of Oneleaf). Please read these terms and conditions carefully before ordering any Products from the Website or third party App stores (e.g. the Apple App Store, the Google Play Store, Amazon, etc.). The terms “Calorie Tracker by Oneleaf,” “us” or “we” refers to Calorie Tracker by Oneleaf, operated by Oneleaf SAS, 7 PL DE L HOTEL DE VILLE 93600 Aulnay-sous-Bois. The term “Device” refers to the device which is used to access the Products including but not limited to computers, smart phones, tablets and connected wearables. The term “you” refers to the user of the Products. When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your purchase of access to the Products. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products. Our contact email address is
[email protected]. All correspondence to Calorie Tracker by Oneleaf including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address.
1.2 ARBITRATION NOTICE AND CLASS ACTION WAIVER
PLEASE NOTE THAT IF YOU ARE A U.S. RESIDENT, THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND CALORIE TRACKER BY ONELEAF AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1.3 BASIS OF LICENSE
(a) These Terms and the Order set out the whole agreement between you and us for the supply of the Products. In order to participate in certain Products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.
(b) Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to purchase the Products. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by an officer of Oneleaf SAS.
(c) AS PART OF YOUR USE OF THE PRODUCTS, YOU AGREE TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION, INCLUDING NUTRITIONAL LOGS, BODY METRICS, AND RELATED HEALTH-RELEVANT DATA, IN THE UNITED STATES AND/OR THE EUROPEAN UNION, INCLUDING FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE OF THE PRODUCTS. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE INFORMATION YOU PROVIDE TO US AND THE INFORMATION WE PROVIDE TO YOU IN CONNECTION WITH YOUR USE OF THE PRODUCTS IS NOT PROTECTED HEALTH INFORMATION SUBJECT TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”).
1.4 CHANGES TO TERMS
Calorie Tracker by Oneleaf reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.calorietrackeroneleaf.com. Your continued use of the Products constitutes your agreement to abide by the Terms as changed. If we make material changes to these Terms, we will make reasonable attempts to notify you of such changes or updates by additional means, such as pop-up or push notifications within the Products or email.
2. HEALTH, NUTRITIONAL AND OTHER IMPORTANT DISCLAIMERS
2.1 Calorie Tracker by Oneleaf is a provider of online and mobile calorie and nutrition tracking, food logging, and body-metric tracking tools in the health & wellness space. The Products are intended as informational and self-improvement tools that help you log and visualize your food intake, estimate calorie and macronutrient consumption, and track body metrics such as weight and measurements. The Products are not a medical device, not a diagnostic tool, and do not provide medical, nutritional, dietetic or therapeutic advice. WE ARE NOT A HEALTH CARE PROVIDER, MEDICAL DEVICE PROVIDER, DIETITIAN OR NUTRITIONIST, NOR SHOULD OUR PRODUCTS BE CONSIDERED MEDICAL, NUTRITIONAL OR DIETARY ADVICE. Calorie Tracker by Oneleaf does not employ or contract with physicians, registered dietitians, licensed nutritionists, psychologists, counselors, or other licensed healing arts practitioners to assess, evaluate, classify, treat, diagnose, cure, or prevent any disease, illness, disorder, condition, or disability, or for any other therapeutic purpose. Only your physician, registered dietitian or other licensed health care provider can do that. Calorie Tracker by Oneleaf makes no claims, representations or guarantees that the Products provide a physical, mental, behavioral or therapeutic benefit or will have any specific success rate, outcome, or result, including but not limited to weight loss, weight maintenance, body composition changes, or improved health markers. Individual results will vary. The Products are not meant to replace medical or nutritional treatment or consultation. We strongly recommend that you consult your own health care provider regarding any diagnosis, findings, interpretation or course of treatment, including before beginning any calorie-restricted diet, weight loss program, or significant change to your eating patterns. If you have an existing medical or mental health condition (including but not limited to diabetes, kidney disease, cardiovascular disease, pregnancy, or any eating disorder or disordered eating pattern), you should consult with your physician or licensed provider before using the Products. You should not stop taking any medications, or change any therapeutic regimen, without speaking to your health care provider. If you think you or another individual may be suffering from any medical condition you should seek immediate medical attention. You are solely responsible for choosing your own health care provider and treatment modality which best suits your individual needs. You acknowledge and agree that you have voluntarily agreed and consented to use the Calorie Tracker by Oneleaf Product of your choice.
2.2 NUTRITIONAL AND CALORIC DATA – ACCURACY DISCLAIMER. The calorie counts, macronutrient values, micronutrient values, nutritional information, portion estimates, barcode match results, restaurant menu entries, recipe data and any other nutrition-related data displayed in the Products are ESTIMATES ONLY and are provided for general informational purposes. This information is sourced from, variously: (i) public and third-party food composition databases; (ii) user-submitted entries; (iii) manufacturer and restaurant data; (iv) AI-assisted recognition from photos, text or barcodes; and/or (v) our own computations and models. These data points may contain inaccuracies, omissions, inconsistencies, outdated values or errors. Actual nutritional content of any food, beverage, meal or recipe may vary significantly due to ingredient variation, preparation methods, portion sizes, measurement error, brand reformulations, regional differences, and other factors. We make no representation or warranty that any calorie count, macronutrient value, micronutrient value or ingredient listing is accurate, complete, current or suitable for any particular purpose, including but not limited to management of food allergies, intolerances, religious or dietary restrictions, medical conditions or medication interactions. You should never rely on the Products as the sole or authoritative source of information about any food or beverage, especially where inaccurate information could cause harm (e.g., food allergies, celiac disease, phenylketonuria, diabetes, or other medical conditions). Always read packaging, consult manufacturer information, and seek advice from a qualified professional where appropriate.
2.3 ENERGY EXPENDITURE, GOALS AND RECOMMENDATIONS. Any calorie targets, macronutrient targets, basal metabolic rate (BMR), total daily energy expenditure (TDEE), activity level estimates, step-based or exercise-based calorie burn calculations, weight-loss projections, goal weights, body mass index (BMI) calculations or other personalized recommendations generated by the Products are ESTIMATES derived from general formulas and the information you provide. They are not a substitute for individualized clinical assessment. Individual energy requirements and body composition responses vary substantially based on genetics, medical conditions, medications, hormonal status, sleep, stress, and many other factors not captured by the Products. Do not rely on these numbers to make medical decisions. Consult a physician or registered dietitian before setting or pursuing any weight or body-composition goal, particularly if you are pregnant, breastfeeding, a minor, over 65, underweight, have any medical condition, or take any medication.
2.4 EATING DISORDERS AND DISORDERED EATING. The Products are NOT intended for use by anyone with an active eating disorder (including but not limited to anorexia nervosa, bulimia nervosa, binge eating disorder, ARFID or OSFED), a history of eating disorders, or any disordered relationship with food, body weight or exercise. Calorie tracking, macronutrient tracking and body-weight tracking can be harmful to, and can trigger or worsen, eating disorders and disordered eating patterns. If you have, have had, or are at risk of an eating disorder, or if you find that using the Products is causing, intensifying or maintaining obsessive thoughts about food, calories, body weight or exercise, you should discontinue use immediately and seek help from a qualified mental-health or eating-disorder professional. If you are in the United States, you can contact the National Alliance for Eating Disorders helpline. If you are in another country, please seek local professional support. We reserve the right to restrict or disable certain tracking features (including very low calorie goals) at our discretion for safety reasons.
2.5 WEIGHT TRACKING, IMAGES AND BODY METRICS. If the Products allow you to log body weight, measurements, progress photos, or similar metrics, you acknowledge that these features are provided for self-monitoring purposes only and are not clinical measurements. Fluctuations in weight and measurements are normal and can be influenced by many short-term factors. Progress photos and body-composition estimates are not medical imaging and should not be used for any diagnostic purpose. You are solely responsible for any body metric data you provide and for any progress images you upload.
2.6 GENERAL INFORMATION. Any health, nutrition or fitness information and links on the Products, whether provided by Calorie Tracker by Oneleaf or by contract from outside providers, is provided simply for your convenience. Calorie Tracker by Oneleaf does not recommend or endorse any specific medical tests, products, procedures, medical treatments, diets, supplements, exercise programs, practitioners or opinions that may be mentioned, written about or featured on the Products or linked to from the Products. Reliance on any information provided by Calorie Tracker by Oneleaf or its affiliates, partners, service providers, contractors or employees is solely at your own risk.
2.7 Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical or nutritional advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. Do not disregard, avoid, or delay obtaining medical or health-related advice from a health care provider because of something you may have read on the Products. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials, as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products.
2.8 The information contained in the Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
2.9 The statements made on this Website and provided through the Products have not been evaluated by the U.S. Food and Drug Administration, nor by the European Food Safety Authority or any national equivalent. The Products are not intended to diagnose, treat, cure, or prevent any disease.
2.10 AI-ASSISTED FEATURES. The Products may include features that use artificial intelligence, machine learning, or large language models (“AI Features”) to, for example, recognize foods from photographs, estimate portion sizes, suggest meals or recipes, generate coaching messages, or provide personalized insights. AI Features are inherently probabilistic and may produce incorrect, incomplete, outdated, biased or misleading outputs (“AI Errors”), including incorrect food identification, inaccurate calorie or macronutrient estimates, and factually wrong nutritional or health-related statements. You acknowledge that: (a) AI Features are provided for informational and convenience purposes only and are not a substitute for professional medical, nutritional or dietetic advice; (b) you should independently verify any nutritional information, calorie count, ingredient identification, or health-related suggestion generated by AI Features before acting on it, particularly where inaccuracy could cause harm (including food allergies, celiac disease, diabetes, medication interactions or other medical conditions); (c) in order to provide AI Features, inputs you provide (including photographs, text prompts, food logs and body metrics) may be transmitted to, and processed by, third-party AI service providers (for example, OpenAI, Anthropic, Google or similar), as described in our Privacy Policy; (d) we make no representation or warranty regarding the accuracy, reliability or safety of AI Features, and to the fullest extent permitted by law we disclaim all liability for losses arising from AI Errors or from your reliance on AI Features; (e) we reserve the right to modify, suspend, or discontinue any AI Feature at any time without notice; and (f) you will not use AI Features to generate content that is unlawful, harmful, or that violates these Terms.
3. MEMBERSHIPS AND SUBSCRIPTIONS
All regular subscriptions automatically renew at the end of your then-current subscription period unless you turn off auto-renewal or cancel your subscription at least 24 hours before the subscription period ends. You can cancel your regular subscription at any time, and you will still be able to access the premium features until the end of the subscription period. If you cancel your subscription during your subscription period, you will not be refunded for the unused period.
We may offer commitment subscriptions providing you with the option to subscribe to Calorie Tracker by Oneleaf for a predetermined duration (3 months, 6 months, 10 months, etc.) at a reduced price per month. After the commitment period expires, the commitment subscription converts to a regular subscription which auto-renews monthly at the monthly subscription price applicable at the time of renewal. Generally, commitment subscriptions cannot be canceled until the commitment period expires, unless one of the exceptions mentioned in our Refund Policy applies. If none of the exceptions apply, you will need to pay a non-refundable cancellation fee of $29.99 (or its equivalent in any other currency) to cancel before expiration of the commitment period.
For the purposes of this Section, the term “subscription(s)” covers both regular subscriptions and commitment subscriptions, unless the contrary is specified. Subscriptions auto-renew even if you are not actively using the App. If you have any difficulties, concerns, or questions about your subscription, please contact us at
[email protected].
(a) Calorie Tracker by Oneleaf subscription. We offer subscriptions that grant you access to special features and content, including, but not limited to, extended food databases, AI-assisted food recognition, detailed nutrition insights, personalized plans, barcode scanning, recipe imports, wearable integrations and advanced analytics. You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Calorie Tracker by Oneleaf regarding future functionality or features.
(b) Billing. You may purchase a Calorie Tracker by Oneleaf regular subscription either through the Apple App Store / Google Play Store or through our website. Commitment subscriptions can only be purchased through our website. If you choose to purchase a regular subscription via the stores, payment will be charged to your credit/debit card through your App Store or Google Play account after you choose one of our regular subscriptions and confirm your purchase. Otherwise, the payment will be charged to your credit/debit card or PayPal account after you choose one of our subscriptions on the website and confirm your purchase. When the subscription auto-renews, the payment is charged at the beginning of each billing period to the payment method you used during the initial subscription purchase. You authorize us to charge the applicable subscription fees to the payment method that you used.
(c) Intro offers. We may offer users an intro offer period as part of the chosen subscription to experience the premium features at a reduced price. The intro offer period is considered a part of the subscription period regarding, among others, the right to cancel the subscription within the applicable cooling-off period (if any). During the intro offer, you may either cancel your subscription no later than 24 hours before the intro offer period ends, or you may continue using the premium subscription at its normal price, and we will begin to charge you accordingly.
(d) Renewal and Cancellation. Your paid subscription will automatically renew at the end of the applicable subscription period. To avoid unexpected charges, you can:
turn off auto-renew in-app through your account settings; or
cancel your regular subscription no later than 24 hours before the end of the subscription period, or your commitment subscription no later than 24 hours before the end of the commitment period. Your subscription can be canceled at any time in-app through your account settings.
If your subscription was purchased through our website: you may cancel automatic renewals of such subscription at any time prior to the renewal date in your account settings or by emailing us at
[email protected].
If you purchased a regular subscription through the Apple App Store: you may cancel automatic renewals by selecting “Manage App Subscriptions” in your Apple Account settings and selecting the subscription you want to modify, or otherwise in accordance with the current functionality of that platform.
If you purchased a regular subscription through the Google Play Store: you may cancel automatic renewals in the account settings under the “Subscriptions” tab in the Google Play app, or according to the then-current process outlined by Google Play, or otherwise in accordance with the current functionality of that platform.
Please note that your purchased subscription does not cancel automatically if you delete the mobile application. You should cancel the subscription before deleting the mobile application. Should you have any questions or concerns, please contact our support team at
[email protected] for instructions on how to cancel your subscription.
(e) Refunds. Your refund options depend on the way you have purchased your subscription.
If your subscription was purchased through our website: Generally, your purchases are non-refundable. However, sometimes we provide refunds: e.g., upon meeting certain criteria or where the applicable laws of your jurisdiction provide you with a cooling-off period. For further information, please refer to our Refund Policy.
If you purchased a regular subscription through the Apple App Store or Google Play Store: Subscriptions purchased via the App Store are subject to the App Store’s refund policies, while subscriptions purchased via the Play Store are subject to the Play Store’s refund policies. This means that we cannot grant refunds for such subscriptions. To claim a refund for a subscription purchased via the App Store or Google Play, please contact App Store support or Google Play support accordingly.
3.2 USE OF CALORIE TRACKER BY ONELEAF BY MINORS IS PROHIBITED
You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Calorie tracking, macronutrient tracking and body-weight tracking can be harmful to minors, and we do not permit use by individuals under the age of 18 or the applicable age of majority under any circumstances, whether supervised by a parent or otherwise. If you become aware that a minor is using the Products, please contact us at
[email protected] so we can disable the account.
3.3 MEMBERSHIP
As a Calorie Tracker by Oneleaf Member you will receive access to certain sections, features and functions of the Products that are not available to non-members. By agreeing to become a Member you may receive occasional special offer, marketing, and survey communication emails with respect to the Products. You can easily unsubscribe from our commercial emails by following the opt-out instructions in those emails. Calorie Tracker by Oneleaf membership accounts and subscriptions are not transferable and therefore you agree not to sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidized, or free accounts or subscriptions.
3.4 PROGRAMS AND PLANS
(a) Calorie Tracker by Oneleaf account holders may access the Products via subscription fee-based programs or plans, which give access to features and content within each plan. You will only have access to paid features while your paid subscription is active. You may have access to a free trial period, which automatically converts to a paid monthly, quarterly or annual subscription term after a certain period of time. In such instances, you can disable the automatic conversion by following the cancellation instructions set forth in section 3 prior to the date of conversion. You may access the Products by purchasing a subscription from the Website, within the Apps where allowed by the App marketplace partners, or through a bundle with one or more of our bundle subscription partners. Please note that if you purchase a subscription through the Apple App Store or our iOS application, the sale is final, and we will not provide a refund; your purchase will be subject to Apple’s applicable payment policy. If you purchase a subscription through the Google Play Store, the sale is final and we will not provide a refund; your purchase will be subject to Google’s applicable payment policy. If you purchase through one or more of our bundle subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscription may be administered by them.
(b) You may access the Products via a one-time fee or, if available, a subscription option.
(c) Where offered, our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that Calorie Tracker by Oneleaf is authorized to charge the same credit card as was used for the initial subscription fee or other payment method (the “Payment Method”). The monthly renewal subscription fees will continue to be billed to the Payment Method you provided until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
(d) Where offered, our “Quarterly” and “Yearly” subscriptions are paid for by an upfront payment with automatic quarterly or annual renewals. You acknowledge and agree that Calorie Tracker by Oneleaf is authorized to charge the Payment Method used for (i) the initial subscription fee at the rate secured at the time of purchase, and (ii) the non-discounted renewal subscription fee(s). You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
(e) You agree to promptly notify Calorie Tracker by Oneleaf of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
(f) In the course of your use of the Products, Calorie Tracker by Oneleaf and its third-party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to us and our third-party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
(g) Our obligation to provide the Products only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through Calorie Tracker by Oneleaf for commercial purposes.
3.5 PROMOTION AND DISCOUNT CODES
Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased. ANY TRIAL, PROMOTION, OR TEMPORARY MEMBERSHIP (“TRIAL”) THAT PROVIDES FULL OR PARTIAL MEMBERSHIP ACCESS TO THE SERVICES IS MADE AVAILABLE ONLY TO INDIVIDUALS 18 YEARS OF AGE OR OVER WITHIN THE SPECIFIED TIME PERIOD (“TRIAL PERIOD”). TRIALS ARE ONLY FOR THE TRIAL MEMBERS’ PERSONAL USE AND MAY NOT BE SHARED OR RESOLD. YOU MAY BE REQUIRED TO PROVIDE YOUR PAYMENT METHOD WHEN REGISTERING FOR THE TRIAL OR OTHERWISE DURING THE TRIAL. FEES SHALL BE WAIVED OR DISCOUNTED DURING THE TRIAL PERIOD IN ACCORDANCE WITH THE ASSOCIATED OFFER. FOR TRIALS THAT CONVERT TO PAID PRODUCTS AT THE END OF THE TRIAL, IF YOU DO NOT WISH TO CONTINUE WITH SUCH PAID PRODUCT, YOU MUST CANCEL YOUR TRIAL PRODUCT BEFORE THE END OF THE TRIAL PERIOD IN ORDER TO AVOID BEING CHARGED THE APPLICABLE PRODUCT FEE. YOU MAY CANCEL YOUR PAID PRODUCT BY EMAILING US AT
[email protected].
3.6 DEVICE REQUIREMENTS
To enjoy Calorie Tracker by Oneleaf via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Google, Apple and Amazon App marketplaces. Certain features, including but not limited to barcode scanning, AI-assisted food photo recognition, and wearable/health-platform integrations (such as Apple Health, Google Health Connect, Fitbit, Garmin), may require additional permissions and compatible hardware.
3.7 CHANGING FEES AND CHARGES
We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
4. CANCELLATION OF SERVICES
4.1 CANCELLATION BY YOU
(a) You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation by emailing
[email protected] or through your account settings.
(b) You may cancel a Yearly subscription plan at any time. Cancellation is effective at the end of the applicable annual period. Additionally, where offered, our Yearly subscription plan may be accompanied by a money-back guarantee as described on the relevant purchase page and in our Refund Policy. Such refund requests must be made within the guarantee window from your first date of payment. You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the money-back guarantee. No such refunds will apply to subsequent renewals of the Yearly subscription or to subscriptions purchased through the Apple App Store or our iOS application, or through the Google Play Store or our Android application.
(c) Please note that if you purchase a subscription through the Apple App Store or our iOS application, you may cancel your subscription by cancelling automatic renewal of paid In-App Subscriptions by selecting Manage App Subscriptions in your Apple Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play Store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
4.2 CANCELLATION BY US
We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms includes, without limitation, the unauthorized copying or download of our content from the Products, automated scraping of our food database, or other misuse of our database and content.
5. PROHIBITED USE OF THE PRODUCTS
5.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.
5.2 You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
5.3 You agree not to scrape, crawl, harvest, extract or copy the food database, recipe database, nutritional values, barcodes or any other structured data from the Products in bulk, and not to use any automated means (including bots, scripts or crawlers) to access the Products, except with our prior written consent.
5.4 By breaching the provisions of this Section 5, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.
5.5 You agree not to use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of Calorie Tracker by Oneleaf. You further agree not to use the Products, or any outputs thereof, to train, fine-tune or otherwise develop any machine-learning or AI model, including but not limited to food-recognition models or nutrition-estimation models.
6. MATERIALS OFFERED THROUGH THE PRODUCTS
6.1 COPYRIGHT
(a) All materials (including software, databases and content whether downloaded or not) contained in the Products are owned by Oneleaf SAS (or our affiliates and/or third-party licensors, where applicable), unless indicated otherwise. This includes, without limitation, our proprietary food database, recipe database, algorithms, AI models, user-interface designs and brand assets. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you, without our prior written permission.
(b) You acknowledge and agree that certain materials on or in the Products (including certain third-party food composition data) are the property of third-party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions against you.
(c) Content from Calorie Tracker by Oneleaf not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device.
(d) The Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from us. Material from the Products may not be copied, distributed, republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.
(e) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, France, the European Union, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Calorie Tracker by Oneleaf will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
6.2 TRADEMARKS
Oneleaf®, Calorie Tracker by Oneleaf, the Oneleaf logo, the Calorie Tracker by Oneleaf logo, and all other related product or service marks are trademarks of Oneleaf SAS. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners. Nothing grants you any license or right to use, alter, remove or copy such material. Your misuse of the trademarks displayed on the Products is strictly prohibited. Calorie Tracker by Oneleaf will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
7. AVAILABILITY OF PRODUCTS
7.1 Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault-free, including that the food database will be complete or that AI-assisted features will return accurate results.
7.2 Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time. In the event that the Products are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing
[email protected].
8. USER MATERIAL
8.1 The Products may let you submit material to us: for example, you may be able to log foods, create custom foods and recipes, post comments, upload meal photos, progress photos, or similar content. In these Terms, we use the term “User Material” to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds, food entries, recipe entries and nutritional annotations. User Material does not include the account information, Product purchase, or Product use information which you provide in registering for and using the Products.
8.2 This Section 8 sets out the rights and obligations that each of us has in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.
8.3 We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. In particular, we do not verify the nutritional accuracy of user-submitted foods or recipes.
8.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, particularly where User Material breaches this Section 8, and we may do this with or without giving you any prior notice.
8.5 We may link User Material or parts of User Material to other material, including material submitted by other users or created by Calorie Tracker by Oneleaf or other third parties. We may use User Material for our internal business purposes, for example, to improve our food database, train our own models (as permitted by applicable law and our Privacy Policy), examine trends or categories, or to promote, market or advertise Calorie Tracker by Oneleaf. You acknowledge that we may indirectly commercially benefit from use of your User Material.
8.6 Each time you submit User Material to us, you represent and warrant to us as follows:
(a) You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract.
(b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, does not give rise to civil liability, does not violate any law, and is not otherwise deemed inappropriate.
(c) Your User Material does not promote or glorify eating disorders, disordered eating, unsafe weight-loss methods, unsafe fasting, purging, extreme calorie restriction, or similar behaviors.
(d) Your User Material does not advertise any product or service or solicit any business.
(e) Your User Material does not identify any individual (including by way of name, address or a still picture or video) under the age of 18, and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.
(f) You will not collect email addresses of users for the purpose of sending unsolicited email.
(g) You will not engage in criminal or tortious activity, including fraud, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets, or attempt to impersonate another user or person.
(h) You will not engage in any automated use of the system, such as using scripts to alter our content or scrape our database.
(i) You will not, without authorization, access, tamper with, or use non-public areas of the Products, our computer systems, or the technical delivery systems of our providers.
(j) Except as necessary to maintain your own computer security by use of commercial off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or any other Calorie Tracker by Oneleaf system or network or breach any security or authentication measures.
8.7 We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
8.8 User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant Calorie Tracker by Oneleaf an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, perform, display, edit, distribute, adapt, translate and otherwise exploit the User Material you post on the Products, or any portion thereof, and any ideas, concepts, or know-how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes, and for the improvement and training of our products and models) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify Calorie Tracker by Oneleaf and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
8.9 Any inquiries, feedback, suggestions, ideas, or other information which is not part of your use of the Products or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, emailing, or otherwise submitting Submissions to the Products, you grant, and you represent and warrant that you have the right to grant, to Calorie Tracker by Oneleaf an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, perform, display, edit, distribute, adapt, translate and otherwise exploit the Submissions, or any portion thereof, and any ideas, concepts, or know-how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that Calorie Tracker by Oneleaf has no obligation to acknowledge receipt of or respond to any Submissions.
9. LINKS TO WEBSITES / HOME PAGE
9.1 We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
9.2 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Products must not be framed on any other website, nor may you create a link to any part of the Products unless you have written permission to do so from Calorie Tracker by Oneleaf. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with our acceptable use policy. If you wish to make any use of material on or in the Products other than that set out above, please address your request to
[email protected].
10. END USER LICENSE
10.1 Subject to the terms of this license agreement (“License Agreement”), as set out in this Section 10, and these other Terms, and your payment of applicable subscription fees, Calorie Tracker by Oneleaf grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Products.
10.2 The Products contain or embody copyrighted material, proprietary material or other intellectual property of Calorie Tracker by Oneleaf or its licensors, including our food database and AI models. All right, title and ownership in the Products remain with Calorie Tracker by Oneleaf or its licensors, as applicable. The rights to download and use the Products are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.
10.3 You agree that you will not and you will not assist or permit any third party to: (a) copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, decompile, or disassemble the Products in any way, or create derivative works of the Products; (b) use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever, including competing nutrition- or calorie-tracking applications; (c) rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part; (d) tamper with the Products or circumvent any technology used by us or our licensors to protect any content accessible through the Products; (e) circumvent any territorial restrictions applied to the Products; (f) use the Products, or any outputs thereof, to train, fine-tune or otherwise develop any machine-learning or AI model; or (g) use the Products in a way that violates this License Agreement or the other Terms.
10.4 You may not make the Products available to the public. The Products made available (in whole or in part) are owned by Calorie Tracker by Oneleaf or its licensors and your use of them must be in accordance with these Terms.
11. APP STORE TERMS
This Section 11 applies if you downloaded or accessed the Products via a third-party platform such as the Apple App Store or the Google Play Store (each, an “App Store”). In addition to these Terms, your use of the Products is also governed by the terms and conditions imposed by the applicable App Store. Where these Terms conflict with the App Store terms, the App Store terms shall control only to the extent required by the applicable App Store.
11.1 APPLE APP STORE
You acknowledge that these Terms are concluded between you and Calorie Tracker by Oneleaf only, and not with Apple Inc. (“Apple”). Apple is not responsible for the Products or the content thereof.
(a) Scope of License. The license granted to you for the iOS version of the Products is limited to a non-transferable license to use the Products on any Apple-branded device that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Products may be accessed, acquired, and used by other accounts associated with you via Family Sharing or volume purchasing.
(b) Maintenance and Support. Calorie Tracker by Oneleaf is solely responsible for providing any maintenance and support services with respect to the Products, as specified in these Terms, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Products.
(c) Warranty. Calorie Tracker by Oneleaf is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Products to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Products to you (if any); and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Products. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
(d) Product Claims. Calorie Tracker by Oneleaf, not Apple, is responsible for addressing any claims by you or any third party relating to the Products or your possession and/or use of the Products, including: (i) product liability claims; (ii) any claim that the Products fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Products’ use of the HealthKit and HomeKit frameworks.
(e) Intellectual Property Rights. In the event of any third-party claim that the Products or your possession and use of the Products infringes that third party’s intellectual property rights, Calorie Tracker by Oneleaf, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(f) Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(g) Developer Contact Information. For any questions, complaints, or claims with respect to the Products, please contact us at
[email protected].
(h) Third-Party Beneficiary. You and Calorie Tracker by Oneleaf acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
11.2 GOOGLE PLAY STORE
If you downloaded the Products via the Google Play Store, you acknowledge that: (a) these Terms are concluded between you and Calorie Tracker by Oneleaf only, and not with Google LLC (“Google”); (b) your use of the Products must comply with the then-current Google Play Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Products and is not a party to these Terms. Google has no liability in relation to the Products or these Terms; (d) to the extent Google is a third-party beneficiary of these Terms (including in respect of licensing restrictions applicable to the Products), Google may enforce such provisions; and (e) refunds for the Products purchased through the Google Play Store are governed by the Google Play refund policy.
11.3 OTHER APP STORES
If you download the Products from any other third-party platform (including the Amazon Appstore), you agree that these Terms apply to your use of the Products and that you will also comply with the terms and conditions of the relevant platform.
12. THIRD-PARTY HEALTH INTEGRATIONS
The Products may offer optional integrations with third-party health platforms, wearables and services, including but not limited to Apple HealthKit, Google Health Connect, Fitbit, Garmin, Oura and Whoop (each, a “Health Integration”). If you enable a Health Integration, you authorize us to read data from, and/or write data to, the relevant third-party service, strictly for the purposes of providing features of the Products (for example, importing steps, activity, body weight or heart-rate data, or writing nutrition data back to the platform).
12.1 APPLE HEALTHKIT
If you use the HealthKit integration, you acknowledge and agree that, in accordance with Apple’s requirements: (a) we will only access, use and share HealthKit data with your prior consent, and strictly as required to provide the features you have enabled; (b) we will not use HealthKit data, or any data derived therefrom, for advertising, marketing, or other use-based data mining purposes other than improving health management, or for the purpose of health research (and, for health research, only with your explicit consent); (c) we will not sell HealthKit data to any third party, including advertising platforms, data brokers, or information resellers; (d) we will not disclose HealthKit data to any third party without your explicit consent, and only as required to provide the requested Products; and (e) HealthKit data is stored and processed in accordance with our Privacy Policy and applicable Apple requirements.
12.2 GOOGLE HEALTH CONNECT AND GOOGLE FIT
If you use Google Health Connect, Google Fit, or any other Google health data integration, you acknowledge that such use is subject to Google’s API Terms of Service and any applicable Google health data or user data policies. We will only access such data as you authorize and only for the purposes of providing the Products. We will not sell Google-sourced health or fitness data, and we will not use it for advertising or any purpose unrelated to the features you have enabled.
12.3 OTHER WEARABLES AND PLATFORMS
For all other Health Integrations, your use of the third-party service is governed by the terms and privacy policy of that third party. We are not responsible for the accuracy, availability, or security of data provided by third-party platforms. You may revoke any Health Integration at any time in your device settings or in the Products.
12.4 ACCURACY OF IMPORTED DATA
Data imported from Health Integrations (including steps, activity calories, heart rate, and weight) is provided by the third party and may contain inaccuracies. We do not independently verify such data, and any calculations or recommendations derived from it are subject to the same limitations described in Sections 2.2 and 2.3.
13. DMCA NOTICE AND TAKEDOWN POLICY
Calorie Tracker by Oneleaf respects the intellectual property rights of others and expects users of the Products to do the same. In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, and other applicable intellectual property laws, we will respond expeditiously to notices of alleged copyright infringement that are properly submitted to our Designated Agent.
13.1 NOTICES OF INFRINGEMENT
If you believe in good faith that User Material (including any user-submitted food entry or recipe) or any other content available through the Products infringes your copyright, please submit a written notice (“DMCA Notice”) to our Designated Agent with the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed;
(c) identification of the allegedly infringing material, and information reasonably sufficient to permit us to locate it (for example, a URL, screenshot, or specific User Material ID);
(d) your contact information (name, address, telephone number, email);
(e) a statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and
(f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
13.2 DESIGNATED AGENT
Please submit DMCA Notices to:
Designated Agent – Calorie Tracker by Oneleaf
Oneleaf SAS
7 PL DE L HOTEL DE VILLE
93600 Aulnay-sous-Bois, France
Email:
[email protected]
13.3 COUNTER-NOTIFICATION
If you believe that User Material that you submitted and that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material, you may send a counter-notification containing the following information to our Designated Agent: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled; (c) a statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) your name, address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in the district where your address is located (or, if outside the United States, in the federal court located in Los Angeles, California, or in the competent courts of Paris, France), and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notification is received by the Designated Agent, we may send a copy of the counter-notification to the original complaining party, informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in 10 to 14 business days after receipt of the counter-notification, at our sole discretion.
13.4 REPEAT INFRINGER POLICY
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, accounts of users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Products and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
13.5 MISREPRESENTATIONS
Please note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability.
14. REFERRALS AND AFFILIATE PROGRAMS
From time to time, we may offer referral programs, affiliate programs, influencer partnerships, or other promotional programs that reward you for referring new users to the Products (each, a “Referral Program”). Participation in a Referral Program is subject to these Terms and any additional program-specific terms we publish.
14.1 ELIGIBILITY
To participate in a Referral Program, you must (a) be an active registered user of the Products or, for affiliate partners, have a valid affiliate agreement with us; (b) be at least 18 years of age; and (c) comply with all applicable laws and the specific terms of the relevant Referral Program.
14.2 REFERRAL REWARDS
We may offer account credits, discounts, extended subscription periods, cash payments, or other rewards (“Referral Rewards”) for qualifying referrals. A qualifying referral generally requires that the referred user: (i) is a new user who has not previously held an account with Calorie Tracker by Oneleaf or any other Oneleaf product; (ii) signs up and/or purchases a qualifying subscription within the timeframe specified by the Referral Program; and (iii) does not cancel, refund or charge back the subscription within any specified hold-back period. We reserve the right to verify eligibility, to withhold or rescind Referral Rewards for any reason, and to modify or terminate any Referral Program at any time.
14.3 PROHIBITED PRACTICES
When participating in any Referral Program, you agree NOT to:
- send unsolicited bulk email, SMS, push notifications, or other “spam” to promote the Products;
- make false, misleading, or deceptive statements about the Products, their effectiveness, their price, or the Referral Program;
- imply or state any medical, therapeutic, or guaranteed weight-loss, body-composition, or health outcome from use of the Products;
- bid on, purchase, or otherwise use paid search or other paid advertising targeting our brand terms (“Calorie Tracker by Oneleaf”, “Oneleaf”, variants and misspellings thereof) without our prior written consent;
- represent yourself as, or act as, an agent, employee, or official representative of Calorie Tracker by Oneleaf or Oneleaf SAS;
- create multiple accounts, refer yourself, use automated tools, or otherwise manipulate the Referral Program to obtain Referral Rewards through fraudulent means;
- publish content that violates the rights of third parties (including copyright, trademark, privacy and publicity rights); or
- violate any applicable law, including the U.S. FTC Endorsement Guides, the EU Unfair Commercial Practices Directive, the UK CAP Code, the French DGCCRF rules, or equivalent rules in your jurisdiction requiring clear disclosure of material connections with Calorie Tracker by Oneleaf.
14.4 DISCLOSURE
You must clearly and conspicuously disclose that you have a material connection with Calorie Tracker by Oneleaf whenever you post about the Products, recommend them, or share a referral or affiliate link. For example, “#ad”, “#sponsored”, “partner of Calorie Tracker by Oneleaf”, or similar language placed prominently at the start of the post or caption. The disclosure must be in the same language as the promotional content.
14.5 TAX AND PAYMENT
You are solely responsible for any tax implications of any Referral Reward you receive, including reporting such rewards to your tax authorities where required. Cash-based Referral Rewards may require you to provide valid tax and identity documentation before payment is issued.
14.6 TERMINATION AND CLAWBACK
We may disqualify you from, or terminate your participation in, any Referral Program at any time and for any reason, with or without notice. We may revoke any Referral Rewards obtained in violation of these Terms or the applicable program rules, offset such amounts against future Referral Rewards, and/or seek recovery of amounts already paid.
15. GENERAL TERMS AND CONDITIONS
15.1 ASSIGNMENT BY US
Calorie Tracker by Oneleaf may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under these Terms. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
15.2 INDEMNITY BY YOU
You agree to defend, indemnify and hold Calorie Tracker by Oneleaf, Oneleaf SAS and their directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from (i) your negligent, reckless, or willful misuse of the Products, (ii) your placement or transmission of any message, content, information, software, or other submissions through the Products, (iii) any third-party claims of bodily injury, death, or damage to real or tangible personal property caused by your negligent or more culpable acts or omissions related to your use of the Products, or (iv) your breach or violation of the law or of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
15.3 WARRANTIES AND LIMITATIONS
(a) This warranty gives you specific legal rights, and you may also have other rights which vary from state to state or country to country.
(b) We warrant to you that any Product purchased from us will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality.
(c) We warrant that we will use reasonable skill and care in making the Products available to you during your subscription.
(d) Notwithstanding anything to the contrary, you assume full responsibility for your own use of the Products, including for any decisions you make based on nutritional data, calorie estimates, macronutrient targets, goal weights, or any other outputs of the Products. In no event shall Calorie Tracker by Oneleaf be liable to you, your heirs, or assigns, or to any third party, for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Products or other activities you undertake in connection with your use of the Products, unless caused by our gross negligence, recklessness, or willful misconduct.
(e) The Products and their content are otherwise provided on an “as is” basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Products or their content (including the food database and nutritional data). We assume no liability or responsibility for any errors or omissions in the content of the Products, or any failures, delays, or interruptions in the provision of the Products. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Products to the broadest extent permitted by law.
(f) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.
15.4 NO WAIVER
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
15.5 FORCE MAJEURE
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Products, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
15.6 INTERPRETATION
In these Terms, unless the context requires otherwise: (i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and (ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
15.7 ELECTRONIC COMMUNICATIONS
(a) Applicable laws require that some of the information or communications we send to you should be in writing. When using the Products, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Products. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
(b) You have the right to receive a paper copy of these communications. To receive a paper copy, please request it by emailing us at
[email protected]. We may charge you a reasonable service charge to mail you a paper copy of any communication.
(c) We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.
15.8 NOTICES
Unless otherwise specifically indicated, all notices given by you to us must be given to Calorie Tracker by Oneleaf at
[email protected]. We may give notice to you at the email address you provide to us when you register. Notice will be deemed received and properly served immediately when posted on the Products or when an email or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such email was sent to the specified email address of the addressee.
15.9 ENTIRE AGREEMENT
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangements, understandings or agreements between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.
15.10 THIRD PARTY RIGHTS
A person who is not party to these Terms will not, subject to Section 13 (DMCA) and Section 11.1(h) (Apple as third-party beneficiary) and Section 11.2(d) (Google as third-party beneficiary) where applicable, have any rights under or in connection with these Terms.
15.11 LIMITATION OF CALORIE TRACKER BY ONELEAF’S LIABILITY
The limitations and disclaimers in these Terms do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
(a) We will use reasonable endeavors to remedy faults in the Products. If we fail to comply with these Terms, your sole and exclusive remedies and our entire obligation and liability to you will in no circumstances exceed the actual amount paid by you for the Products in question. In addition, we will not be liable for: (i) faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data, and/or for incorrect or overly slow transmission of data by the internet provider, and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control); (ii) any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Products, or from transmissions via emails or attachments received from us; (iii) any use of websites linked to the Products but operated by third parties; or (iv) any decisions made by you or by any third party based on nutritional, calorie, macronutrient or other outputs of the Products.
(b) TO THE FULLEST EXTENT PERMITTED BY LAW, CALORIE TRACKER BY ONELEAF, ONELEAF SAS AND THEIR AFFILIATES, SUPPLIERS, CLIENTS OR LICENSORS (COLLECTIVELY, THE “PROTECTED ENTITIES”) SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE PRODUCTS, OR LOST BUSINESS OR LOST SALES, OR ANY ERRORS, VIRUSES OR BUGS CONTAINED IN THE PRODUCTS, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON OR THROUGHOUT THE PRODUCTS. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF THE PRODUCTS EXCEED, IN THE AGGREGATE, THE ACTUAL AMOUNT, IF ANY, PAID BY YOU TO CALORIE TRACKER BY ONELEAF FOR YOUR USE OF THE PRODUCTS IN QUESTION.
(c) Notwithstanding anything to the contrary, you assume full responsibility for your own use of the Products. In no event shall Calorie Tracker by Oneleaf be liable to you, your heirs, or assigns, or to any third party, for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Products or other activities you undertake in connection with your use of the Products. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
15.12 ARBITRATION DISPUTE RESOLUTION AND BINDING ARBITRATION
IF YOU ARE A U.S. RESIDENT, PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH CALORIE TRACKER BY ONELEAF, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CALORIE TRACKER BY ONELEAF INCLUDING A LIMITATION ON THE RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.
(a) Applicability of Arbitration Agreement. If you are a U.S. resident, all disputes arising out of, relating to, or in connection with these Terms or your use of the Products that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and Calorie Tracker by Oneleaf are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
(b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules (“AAA Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of your billing address. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Calorie Tracker by Oneleaf. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
(c) Authority of Arbitrator. The arbitrator will have exclusive authority to decide the jurisdiction of the arbitrator, including any unconscionability challenge or other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator shall also have the exclusive authority to determine the rights and liabilities, if any, of you and Calorie Tracker by Oneleaf. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum’s rules, and these Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Calorie Tracker by Oneleaf.
(d) Jury Trial Waiver. Except where not permitted by law, you and Calorie Tracker by Oneleaf waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Calorie Tracker by Oneleaf elect to have claims and disputes resolved by arbitration. In any litigation between you and Calorie Tracker by Oneleaf over whether to vacate or enforce an arbitration award, you and Calorie Tracker by Oneleaf waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
(e) Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND CALORIE TRACKER BY ONELEAF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Calorie Tracker by Oneleaf are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 15.13 below.
(f) Opt-out. YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor Calorie Tracker by Oneleaf can force the other to arbitrate. To opt-out, you must notify Calorie Tracker by Oneleaf in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, the email address you used to set up your Calorie Tracker by Oneleaf account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to: Oneleaf SAS, ATTN: Arbitration Opt-out – Calorie Tracker by Oneleaf, 7 PL DE L HOTEL DE VILLE, 93600 Aulnay-sous-Bois, France;
[email protected].
(g) Small Claims Court. Notwithstanding the foregoing, either you or Calorie Tracker by Oneleaf may bring an individual action in small claims court.
(h) Public Injunction Exclusion. Notwithstanding the foregoing, you may pursue a claim for public injunctive relief either in court or through arbitration.
(i) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Calorie Tracker by Oneleaf.
15.13 EXCLUSIVE VENUE
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Calorie Tracker by Oneleaf agree that all claims and disputes arising out of or relating to these Terms or the use of the Products will be litigated exclusively in the competent courts of Paris, France, or, for U.S. residents, in the state and federal courts located in Los Angeles, California. You and Calorie Tracker by Oneleaf consent to the personal jurisdiction of these courts. To the extent that applicable law prevents certain disputes from being resolved in such a court, then you can file those disputes in your local courts.
15.14 CHOICE OF LAW
French law governs these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims. If you are a U.S. resident, the laws of Delaware and the United States govern these Terms and any disputes arising out of or relating to these Terms or their subject matter.
15.15 SEVERABILITY
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and will not affect the validity and enforceability of any remaining provisions.
15.16 CONTACT
For any questions regarding these Terms, please contact us at
[email protected], or by post at Oneleaf SAS, 7 PL DE L HOTEL DE VILLE, 93600 Aulnay-sous-Bois, France.
