Terms of Service

Last updated: December 2024

1. Acceptance of Terms

By accessing and using CountEm ("the Service"), you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Service.

2. Description of Service

CountEm is an AI-powered nutrition coaching service that provides:

  • Calorie tracking and meal logging via WhatsApp
  • AI-powered food analysis from photos and text descriptions
  • Personalized nutrition coaching and recommendations
  • Metabolic calculator for determining daily calorie goals
  • Progress tracking and calorie banking features

3. Eligibility

You must be at least 13 years old to use CountEm. By using the Service, you represent and warrant that:

  • You are at least 13 years of age
  • You have the legal capacity to enter into these Terms
  • You will use the Service in compliance with all applicable laws
  • All information you provide is accurate and current

4. User Accounts and Registration

To use CountEm, you must:

  • Have a valid WhatsApp account
  • Complete the onboarding process
  • Provide accurate information during registration
  • Maintain the security of your account

You are responsible for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

5. Subscription and Payment

5.1 Subscription Tiers

CountEm offers multiple subscription tiers:

  • The Logger ($1.99/month): Text-based meal logging and basic coaching
  • The Coach ($4.99/month): Photo logging, AI analysis, and advanced features
  • The Transformation ($29.00/month): Premium features including custom meal plans

5.2 Payment Terms

  • Subscriptions are billed monthly in advance
  • Payments are processed through secure third-party payment providers
  • All fees are non-refundable except as required by law
  • We reserve the right to change subscription prices with 30 days' notice

5.3 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. You will continue to have access to paid features until the end of the period for which you have paid.

6. Acceptable Use

You agree not to:

  • Use the Service for any illegal purpose or in violation of any laws
  • Attempt to gain unauthorized access to the Service or its systems
  • Interfere with or disrupt the Service or servers
  • Use automated systems (bots, scripts) to interact with the Service
  • Share your account credentials with others
  • Upload malicious content, spam, or inappropriate material
  • Reverse engineer, decompile, or disassemble any part of the Service

7. AI and Accuracy Disclaimer

CountEm uses AI technology to analyze food and provide nutritional information. You acknowledge and agree that:

  • Calorie and macro estimates are approximations and may not be 100% accurate
  • AI analysis is based on visual/textual information and may contain errors
  • Nutritional information should not replace professional medical advice
  • You are responsible for verifying critical nutritional information

8. Medical Disclaimer

IMPORTANT: CountEm is not a medical service and does not provide medical advice, diagnosis, or treatment. The Service is for informational and educational purposes only.

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, diet, or nutrition plan. Never disregard professional medical advice or delay seeking it because of information provided by CountEm.

If you have a medical condition, eating disorder, or are taking medication, consult your healthcare provider before making significant dietary changes.

9. Intellectual Property

The Service, including its original content, features, and functionality, is owned by CountEm SP and is protected by international copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

10. Limitation of Liability

To the maximum extent permitted by law, CountEm SP shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, data, or other intangible losses
  • Damages resulting from your use or inability to use the Service
  • Errors or inaccuracies in nutritional information
  • Unauthorized access to or alteration of your data

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Service Availability

We strive to maintain the Service's availability but do not guarantee uninterrupted or error-free operation. We may temporarily suspend the Service for maintenance, updates, or due to circumstances beyond our control. We are not liable for any loss or damage resulting from Service unavailability.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including if you breach these Terms.

You may terminate your account at any time by using the /reset command or contacting us. Upon termination, your right to use the Service will cease immediately.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service. Your continued use of the Service after changes become effective constitutes acceptance of the new Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved through appropriate legal channels.

15. Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: info@countem.club